hmm, looking closely: what the new agreement says is:
"This Vehicle ESA is not transferrable by You under any circumstances."
. . .
"J. Cancellation by CustomerTo cancel this Vehicle ESA, You must mail by certified mail, return receipt requested your written cancellation request toTesla prior to any sale of the Vehicle, along with a notarized affidavit that states the mileage on Your Vehicle at the date ofYour cancellation request. [the preceding notarized affidavit and certified mail requirement is INSANE!]"
"The right to cancel this Vehicle ESA is not transferrable by You. The amount of Your refund issubject to the following
a) Within First 60 Days – Without Claim: You may cancel Your Vehicle ESA within the first 60 days of the VehicleESA Purchase Date and receive a full refund provided that You are the original Vehicle ESA purchaser and havenot filed a claim.(b) Within First 60 Days – With Claim: If You cancel Your Vehicle ESA within the first 60 days of the Vehicle ESAPurchase Date but have submitted a claim pursuant to this Vehicle ESA where service has been provided, Yourcancellation refund will be calculated on a pro-rata basis, and You will receive the lesser of the unused portion ofthe days or mileage that this Vehicle ESA has been in effect, compared to the term or mileage of the selectedService Plan, less the amount of any claims paid under the Vehicle ESA (c) After 60 days – With or Without Claim: If You cancel Your Vehicle ESA on or after the 60th day following theVehicle ESA Purchase Date, Your cancellation refund will be calculated on a pro-rata basis, and You will receivethe lesser of the unused portion of the days or mileage that this Vehicle ESA has been in effect, compared to theterm or mileage of the selected Service Plan, and, if applicable, less the amount of any claims paid under theVehicle ESA (d) Tesla will add a ten percent penalty to any applicable refund per month that is not made within 30 days of returnof the Vehicle ESA and notarized affidavit to Tesla."
"K. Cancellation by TeslaThis Vehicle ESA cannot be cancelled by Tesla except for a sale of Your Vehicle, fraud or material misrepresentation onYour part or for Your failure to pay for this Vehicle ESA. If Tesla cancels this Vehicle ESA due to a sale of Your Vehicle,fraud or material misrepresentation, You will receive a refund calculated on a pro-rata basis equal to the lesser of theunused portion of the days or mileage that this Vehicle ESA has been in effect, compared to the term or mileage of the selected Service Plan, less the amount of any claims paid under this Vehicle ESA. This Vehicle ESA is not being sold inany jurisdiction in which the sale or performance of this Vehicle ESA is not permitted pursuant to applicable law at thetime of purchase. Any such sale is void ab initio and of no force and effect and will not be deemed a cancellation. You willreceive a full refund provided no services have been provided by Tesla."
So they are still keeping the money for the time period in which the car was covered by the ESA prior to cancelation/transfer, but recovering the amount of any claims that they paid during that time -- at least up to the amount of the potentially refunded time remaining on the unused ESA.
Case 1:
pay $4k, use 50% of ESA during which it paid a claim for $1k. your refund is $2k, - $1k = $1k. net out of pocket = $3k and avoided $1k cost so net you are -$2k. You would have been better off not buying the ESA because only a small claim.
Case 2:
pay $4k, use 50% of ESA during which it paid a claim for $5k. your refund is $2k, - $5k = $0. net out of pocket = $4k and avoided $5k cost so net you are +$1k. You still came out ahead $1k and were better off buying even the new ESA.
It does seem aggressive to both keep the premium for the used portion of the ESA but also recover the cost of claims during that period from the refund for the unused time period. But it can still make sense to cover expensive claims that would exceed any refund amount.
"This Vehicle ESA is not transferrable by You under any circumstances."
. . .
"J. Cancellation by CustomerTo cancel this Vehicle ESA, You must mail by certified mail, return receipt requested your written cancellation request toTesla prior to any sale of the Vehicle, along with a notarized affidavit that states the mileage on Your Vehicle at the date ofYour cancellation request. [the preceding notarized affidavit and certified mail requirement is INSANE!]"
"The right to cancel this Vehicle ESA is not transferrable by You. The amount of Your refund issubject to the following
a) Within First 60 Days – Without Claim: You may cancel Your Vehicle ESA within the first 60 days of the VehicleESA Purchase Date and receive a full refund provided that You are the original Vehicle ESA purchaser and havenot filed a claim.(b) Within First 60 Days – With Claim: If You cancel Your Vehicle ESA within the first 60 days of the Vehicle ESAPurchase Date but have submitted a claim pursuant to this Vehicle ESA where service has been provided, Yourcancellation refund will be calculated on a pro-rata basis, and You will receive the lesser of the unused portion ofthe days or mileage that this Vehicle ESA has been in effect, compared to the term or mileage of the selectedService Plan, less the amount of any claims paid under the Vehicle ESA (c) After 60 days – With or Without Claim: If You cancel Your Vehicle ESA on or after the 60th day following theVehicle ESA Purchase Date, Your cancellation refund will be calculated on a pro-rata basis, and You will receivethe lesser of the unused portion of the days or mileage that this Vehicle ESA has been in effect, compared to theterm or mileage of the selected Service Plan, and, if applicable, less the amount of any claims paid under theVehicle ESA (d) Tesla will add a ten percent penalty to any applicable refund per month that is not made within 30 days of returnof the Vehicle ESA and notarized affidavit to Tesla.""K. Cancellation by TeslaThis Vehicle ESA cannot be cancelled by Tesla except for a sale of Your Vehicle, fraud or material misrepresentation onYour part or for Your failure to pay for this Vehicle ESA. If Tesla cancels this Vehicle ESA due to a sale of Your Vehicle,fraud or material misrepresentation, You will receive a refund calculated on a pro-rata basis equal to the lesser of theunused portion of the days or mileage that this Vehicle ESA has been in effect, compared to the term or mileage of the selected Service Plan, less the amount of any claims paid under this Vehicle ESA. This Vehicle ESA is not being sold inany jurisdiction in which the sale or performance of this Vehicle ESA is not permitted pursuant to applicable law at thetime of purchase. Any such sale is void ab initio and of no force and effect and will not be deemed a cancellation. You willreceive a full refund provided no services have been provided by Tesla."
So they are still keeping the money for the time period in which the car was covered by the ESA prior to cancelation/transfer, but recovering the amount of any claims that they paid during that time -- at least up to the amount of the potentially refunded time remaining on the unused ESA.
Case 1:
pay $4k, use 50% of ESA during which it paid a claim for $1k. your refund is $2k, - $1k = $1k. net out of pocket = $3k and avoided $1k cost so net you are -$2k. You would have been better off not buying the ESA because only a small claim.
Case 2:
pay $4k, use 50% of ESA during which it paid a claim for $5k. your refund is $2k, - $5k = $0. net out of pocket = $4k and avoided $5k cost so net you are +$1k. You still came out ahead $1k and were better off buying even the new ESA.
It does seem aggressive to both keep the premium for the used portion of the ESA but also recover the cost of claims during that period from the refund for the unused time period. But it can still make sense to cover expensive claims that would exceed any refund amount.
