This evening I received the email from Tesla.
How @
edb49 said Tesla is denying everything.
I have only one doubt about MVOA: I don't remember to sign such papers, only the ones related to the PCP.
one more thing: Tesla said I did not provided the proof of purchase... unfortunately I don't remeber if was bought from Amazon or Ebay
"Dear Mr Speedyranger
We refer to your Letter Before Claim dated 20 November 2023, which relates to the matter of your Tesla Model 3 Long Range AWD (VIN: xxxxxxxxxx) (
the "Vehicle").
Please treat this as Tesla's response to your Letter Before Claim in accordance with the Practice Direction on Pre-Action Conduct. You should note that if we have not commented on one of the points which you have raised in your Letter Before Claim, that does not mean Tesla accepts your point, and we reserve the right to make further points in due course.
Tesla values its customers highly and is disappointed to have received this letter from you. That said, we reject your alleged claim entirely for the reasons which we have set out below and would ask that you refrain from pursuing it further. Should you continue with your alleged claim, we recommend you seek independent legal advice and representation.
- Background
We note that you purchased Full Self-Driving Capability (“FSDC”) on 16 May 2020.
You allege that Tesla is in breach of contract for failing to provide full self-driving ("FSD") as described on Tesla's website. You refer to a statement that two features would be delivered by the end of 2020 and allege that this would be the start of additional capabilities and features, and that FSD would be attainable by the car. You also refer to a video and description which says:
"All Tesla vehicles have the hardware needed in the future for full self-driving in almost all circumstances …".
It is your alleged case that in your experience, and based on Tesla's subsequent changes to hardware, this is materially inaccurate because the rear cameras get dirty and the front cameras fog up in cold weather, which allegedly prevent the cameras from working. You therefore allege that Tesla is in breach of contract on the basis that the goods provided do not match their description contrary to s.11(1) of the Consumer Rights Act 2015 ("
CRA").
You are therefore seeking a full refund of FSDC under s.19 of the CRA.
- Liability
As already mentioned, Tesla rejects your threatened claim in full. For the reasons set out below, Tesla does not consider it has in any way mis-led you in respect of your purchase of FSDC or that you have any legal basis for alleging that this feature does not match its description. You therefore have no right to a refund in respect of your purchase of FSDC either under contract, the CRA and/or otherwise.
- The Motor Vehicle Order Agreement ("MVOA")
The Motor Vehicle Order Agreement ("
MVOA") which you signed when you purchased your vehicle contains a Governing Law, Integration and Assignment clause which states:
" … Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding … " Tesla will rely on this clause and the MVOA for its full terms and effect. As such, any information on Tesla's website at the time of your purchase does not form part of our agreement with you as to the goods to be provided and their description.
- The cameras
Notwithstanding the above, if and to the extent you can prove the information on Tesla's website did form part of the contract, you are also required to prove that the Vehicle's cameras do not work as described. At present, your allegations appear to be based on nothing more than your subjective opinion. Please provide evidence to support your allegations if you intend to pursue your alleged claim.
In addition, it is the driver’s responsibility to ensure that the Vehicle's cameras are able to see the road, for example by keeping them clean. Tesla cannot be held responsible for the state of British roads.
The MVOA also included the term:
“Owner’s Manual: You agree to review and understand the Owner’s Manual, which is accessible via your Vehicle’s touchscreen and explains the operation of your Vehicle including applicable options, features and hardware. The Owner’s Manual may be updated and revised as new features for your Vehicle are introduced. You may also obtain a written copy of your Owner’s Manual from us upon request.”
As such you agreed to review the Owner’s Manual, which includes the note within the section “Autopilot”: ”
Ensure all cameras and sensors are clean before each drive. See Cleaning Cameras and Sensors for more information. Dirty cameras and sensors, as well as environmental conditions such as rain and faded lane markings, can affect Autopilot performance.” (emphasis added). Accordingly it was made clear to you of the need to clean the cameras and that this would be the customer’s responsibility. We therefore reject your suggestion that the Vehicle was in any way not as described.
Further, Tesla has not indicated that the rear cameras have self-cleaning capabilities. As such, Tesla rejects your suggestion that the Vehicle's cameras and/or its FSD capabilities are not as described. Again, you are required to provide evidence to support your allegations should you continue with your alleged claim.
- Hardware 4.0 ("HW4")
As to the changes being introduced in HW4, this includes a new version of the cameras and a heating element for the front-facing windscreen cameras. Tesla is entitled to update its software and hardware, and this in no way supports your allegation that earlier iterations are "not as described" or that these were not of satisfactory quality.
- Tesla's website
Tesla does not accept any of your assertions in respect of an alleged FSD video using HD maps and that this and/or any US court testimony and/or report by Reuters is of any relevance to your alleged claim.
For these reasons, there is no basis on which Tesla is liable to you under the CRA and/or otherwise.
- Your alleged losses
You request a refund of £5,800 which you say is the full price you paid for FSDC, but you have not yet provided any evidence in this regard.
If, however, you succeed in proving a breach of the CRA (which is denied), you would not in any event be entitled to a full refund of the price paid for FSDC as you have clearly had some use of the functionalities complained of. As such, there would need to be a deduction for use which would take account of all used FSDC features (including Autopilot and Enhanced Autopilot, which you have had the benefit of throughout your ownership of the Vehicle).
On any basis, Tesla does not agree that you are entitled to any refund for the reasons which we have outlined above.
- Next steps
For the avoidance of doubt, we do not have a settlement offer to make and would request that you desist from pursuing your alleged claim.
Notwithstanding this, if you do wish to continue with your alleged claim, please direct any further correspondence to our solicitors (
[email protected]). You should note, however, that Tesla will defend your alleged claim vigorously.
All of Tesla's rights are fully reserved.
Yours sincerely
xxxxxxxx
Supervisor – Customer Resolutions UK & Ireland
185 Ashton New Road, Manchester, M11 3DX"
