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Lack of delivery timing flexibility

SarasotaGuy

Member
Apr 12, 2018
52
17
Sarasota, Florida
I got the call saying that my Model 3 was in on 3/11, having configured on 2/28, sooner than expected. I was on the East Coast; spoke to my delivery specialist and asked if I could wait until April 4th to take delivery (when I would be back in Cal.) and she said “no” and that I would lose my place on the list and be subject to forfeiting my $3,500 deposit if I didn’t pick up the car in 7 days! They seemed”surprised” that anyone would be traveling...?
I sucked it up and flew to San Francisco, took delivery in zfremont on March 16th, and flew back to Fla the next day.
 

WileyTheMan

Peanut Gallery Member
Apr 20, 2016
1,001
923
Los Gatos, CA
Companies often put harsh language in legal documents as a fallback, but are flexible in implementing it on a case-by-case basis. Like if you said there was a death in the family or something.
 

Chewy3

If MacGvyer had a beard
Apr 30, 2016
355
813
San Diego
If someone was perhaps deployed in a combat zone, and unable to return within their specified window and they forfeited their $3,500 that would snowball some VERY bad publicity. The terms/timeline have always been vague and this gentleman, like the rest of us, has been waiting for years - if my delivery specialist said they couldn't postpone a few weeks and refused to refund my deposit I'd be furious.
 
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Butane

Member
Apr 6, 2018
79
162
Bloomington, IN
*eyes first time poster, posting about an issue almost a month ago, with suspicion, despite having under 10 posts himself...* I've heard similar stories about strong arming delivery into a 1 week window. However, it sounds like you were trying to do a destination delivery and pushing yours beyond the fiscal quarter. With such an early invite, surely you understand why they'd want you to come get it right away.
 

dsvick

Closed
Jun 10, 2016
2,198
2,214
NE Ohio
I wonder if either the OP or the DS was confused. The few other posts I've seen where someone could not be there for their initial delivery they simply lost the car/VIN that had been assigned to them and had to wait until I new one was assigned. They didn't lose their deposit just that first car.
 
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drawfour

Member
Mar 10, 2018
774
709
Seattle, WA
I wonder if either the OP or the DS was confused. The few other posts I've seen where someone could not be there for their initial delivery they simply lost the car/VIN that had been assigned to them and had to wait until I new one was assigned. They didn't lose their deposit just that first car.
That seems to me to be a proper way to handle it. Not losing the deposit. That's ridiculous.
 

Omaha

Member
Apr 8, 2018
37
44
Omaha, Nebraska
That seems to me to be a proper way to handle it. Not losing the deposit. That's ridiculous.

I don't find the situation credible at all. There is an expectation of reasonable notice. People do have travel and other commitments. I, for one, will be 8500 miles from home during the first couple days of my estimated delivery window, which is currently a three week range. They're going to hold my car for a few days if I tell them to or we'll have a fun chat.
 
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gearchruncher

Active Member
Sep 20, 2016
2,180
2,719
Seattle, WA
I don't find the situation credible at all. There is an expectation of reasonable notice. People do have travel and other commitments. I, for one, will be 8500 miles from home during the first couple days of my estimated delivery window, which is currently a three week range. They're going to hold my car for a few days if I tell them to or we'll have a fun chat.

"Delivery. If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Tesla Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers."

"The estimated delivery date of your Vehicle indicated in this Agreement is an estimate only and is not a guarantee of when your Vehicle will actually be delivered. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled."

Tesla's contracts are very one sided, and do make it clear they have the right to do this, and don't need to give you any notice of when the 1 week starts. The 1 week is the notice.

Also, if you have a 3 week window from Tesla, that sounds like you are believing the "3-6 week" estimate shown on the website. Tesla routinely goes shorter and longer than this, and their contract allows them to do so. Read carefully and their contract doesn't ever require them to deliver you a car (and they can keep the "order payment" forever.)
 

drawfour

Member
Mar 10, 2018
774
709
Seattle, WA
If you are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers."

That means they can assign that VIN for that vehicle to someone else. It does not mean that you forfeit your $3500. They still owe you a car, with the specs you wanted. It's just now you're back in the queue.
 

Omaha

Member
Apr 8, 2018
37
44
Omaha, Nebraska
"Delivery. If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Tesla Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers."

"The estimated delivery date of your Vehicle indicated in this Agreement is an estimate only and is not a guarantee of when your Vehicle will actually be delivered. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled."

Tesla's contracts are very one sided, and do make it clear they have the right to do this, and don't need to give you any notice of when the 1 week starts. The 1 week is the notice.

Also, if you have a 3 week window from Tesla, that sounds like you are believing the "3-6 week" estimate shown on the website. Tesla routinely goes shorter and longer than this, and their contract allows them to do so. Read carefully and their contract doesn't ever require them to deliver you a car (and they can keep the "order payment" forever.)

Oh, I read it. I'll be picking up out of state since Tesla can't sell directly in Nebraska yet. And the language is "may be made available." If I can't make it within seven days but can within 10, they're going to save money by holding the vehicle. Otherwise, I'll burn through a lot of payroll with my complaints about unreasonable enforcement of contract provisions. :)
 

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