Need Advise on delivery repairs

[JAUSA]

Hi,

to make a long story short, I found and documented several issues at delivery (around a month ago) of my Model 3 in SF Bay Area:
1.- Scratches in the roof
2.- Paint issues
3.- Dent in the leather in the lower middle piece in the back seat (see pictures)
4.- Some light stains in passenger and back seats (like if somebody with solar cream sat there) (see pictures)

After taking it to my closest Service Center here in SF Bay Area a week ago, they just called me and told me that it just came back from the body shop and roof was replaced and paint defects fixed. They don't have the Tesla logo but they will install it for free when it arrives.

For fix #3, they told me they couldn't bring it up to normal look, and they would like to compensate me with the first annual service, valued at $850, for free. They said, otherwise they would need to replace the whole seat and it's back ordered and it will take very long time.

For fix #4, they promised a full detailing to try removing the stains. But when I asked him now, they said that the detailing guy was out and he couldn't do it. They offered a voucher for a full detailing later on when the car is dirtier since the body shop anyway cleaned it up.

So I'm not sure what to do with #3 and #4. They gave me a car with a dent (look picture attached) and I feel bad if they have to replace the whole seat. I don't know what is the right compensation but I don't want them to give me something of no value (or less value they claim).
Same for #4, if they don't do the full detailing and I just take the car and the stains don't go away, I'll feel like they delivered a car in sub-par conditions and they didn't do anything to fix it or at least compensate in good faith.

Any advise is highly appreciated it. I haven't picked up the car yet.

Thanks.

 

[Pied]

That dent is ugly and very noticeable. I would wait for a replacement seat. It's just cosemetic so you can wait it out until they have replacement and keep using the car.

 

[Tam]

...#3 and #4...

I agree with @Pied .

I would wait for #3 seat replacement rather than taking 1 free annual service. A long wait would be fine for me because the car still runs fine. Of course, before I sell the car, that seat must be replaced by then.

I would accept #4 detailing to remove seat stain. If that doesn't make the seat like new then, of course, you can come back to Service Center to get it fixed such as seat replacement/redressed...

 

[C141medic]

Replacement of seat(s)

 

[ninjarice]

What in the world would cause a dent like that? If you haven't picked up the car yet, I would refuse delivery until your issues are resolved.

 

[JAUSA]

What in the world would cause a dent like that? If you haven't picked up the car yet, I would refuse delivery until your issues are resolved.

They told me it was likely caused by the security belt buckle trapped underneath the arm rest. But this is how the car was delivered to me and all the pictures I took were at delivery in front of the delivery specialist. My ISA told me that the car had been sitting in a parking lot for 3 weeks. After all the issues at delivery I don't know what to think. As an additional note, the car was really dirty at delivery.
And now, if I ask for seat replacement, they say I'll have to wait for a long time.

 

[Tam]

What in the world would cause a dent like that?...

That seat is foldable so someone could leave a tool or something on the seat and folded its back over it.

...If you haven't picked up the car yet...

I think the car has gone home already and then gone to Service Center.

Too late to reject the car unless it's still within 3 day money back home delivery guarantee.

 

[ninjarice]

They told me it was likely caused by the security belt buckle trapped underneath the arm rest. But this is how the car was delivered to me and all the pictures I took were at delivery in front of the delivery specialist. My ISA told me that the car had been sitting in a parking lot for 3 weeks. After all the issues at delivery I don't know what to think. As an additional note, the car was really dirty at delivery.
And now, if I ask for seat replacement, they say I'll have to wait for a long time.

Seems like they are playing hardball with you. I'd stand my ground. You've waited this long for the car already. Demand that they make it right or you won't pay. Any car off the lot should not be in that condition. And should at least be CLEAN

 

[JAUSA]

Seems like they are playing hardball with you. I'd stand my ground. You've waited this long for the car already. Demand that they make it right or you won't pay. Any car off the lot should not be in that condition. And should at least be CLEAN

Thanks ninjarice but I already picked up the car, as Tam said, the car is now at the Service Center.
I think I was too nice to accept the car with all these small issues but I (and specially my wife) didn't want to look too picky.
I picked the car 4 weeks ago and I've driven the car only less than half of the time. The car already spent 1 additional week in service because the 12V battery died 6 days after delivery and they had to replace it.

 

[ninjarice]

Sorry @JAUSA I was reading too quickly as i was appalled at your experience. Have you looked into the lemon laws in your paperwork? With all the issues and with you not even being able to drive the car, this may be applicable.

 

[Tam]

What is a Lemon Car in California?
In California, a vehicle is presumed to be a “lemon" by the Song-Beverly Consumer Warranty Act if, within 18 months of the vehicle's delivery to the buyer (or 18,000 miles on the odometer):

1) 2 attempts or more have been made by the manufacturer to repair a warranty problem that could result in death or serious injury.
2) The manufacturer has attempted to repair the same warranty problem at least 4 times.
3) The car has been out of service for 30 days or more for repair to warranty problems.
4) Problems to the vehicle are not the result of abuse by the owner.

----------------

Since you got this car for just 1 month, you are within the timeline of 18 months or 18,000 miles.

1) There's no death or serious injury so you can't claim this.

2) Tesla only replaced your battery once, not 4 times, so you can't claim this either.

3) 30 days out of service: You might be able to claim this in future but for now, it's not 30 days out of service just yet.

However, if the car has been out of service for months but you are a driving a more expensive Tesla Model S 100D Performance loaner, I am not sure I can complain about driving a more expensive car while keeping my car's odometer young for a better resale.

4) You are fine with this requirement because the defects happened before deliveries.

If you think you are qualified, tell Tesla if they can work with you on lemon law.

If not, get a free arbitration through:

California Dispute Settlement Program (CDSP) - Arbitration Certification Program

Or hire your own lawyer.

 

[cwerdna]

What is a Lemon Car in California?
In California, a vehicle is presumed to be a “lemon" by the Song-Beverly Consumer Warranty Act if, within 18 months of the vehicle's delivery to the buyer (or 18,000 miles on the odometer):

1) 2 attempts or more have been made by the manufacturer to repair a warranty problem that could result in death or serious injury.
2) The manufacturer has attempted to repair the same warranty problem at least 4 times.
3) The car has been out of service for 30 days or more for repair to warranty problems.
4) Problems to the vehicle are not the result of abuse by the owner.

I wouldn't go by what's on the goofy domain dmv.org. That site has nothing to do w/the California DMV and isn't operated by them.

Lemon law info at Buying and Maintaining a Car should be accurate, including the Department of Consumer Affairs publication entitled Lemon-aid for Consumers.

 

[Tam]

...Lemon law info at Buying and Maintaining a Car should be accurate, including the Department of Consumer Affairs publication entitled Lemon-aid for Consumers.

Thanks for the links @cwerdna :

Lemon Law Presumption*

Within the Song-Beverly Act, there is a presumption guideline wherein it is presumed that a vehicle is a “lemon” if the following criteria are met within 18 months of delivery to the buyer or lessee or 18,000 miles on the vehicle’s odometer, whichever comes first

• The manufacturer or its agents have made two or more attempts to repair a warranty problem that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven;

• The manufacturer or its agents have made four or more attempts to repair the same warranty problem; or

• The vehicle has been out of service for more than 30 days (not necessarily all at the same time) while being repaired for any number of warranty problems; or

• The problems are covered by the warranty, substantially reduce the vehicle’s use, value, or safety to the consumer and are not caused by abuse of the vehicle;

• If required by the warranty materials or by the owner’s manual, the consumer has to directly notify the manufacturer about the problem(s), preferably in writing. The notice must be sent to the address shown in the warranty or owner’s manual (for bullets 1 and 2).

If these criteria are met, the Lemon Law presumes that the buyer or lessee is entitled to a replacement vehicle or a refund of the purchase price. However, this presumption is rebuttable. The manufacturer may show that the criteria has not been met (for example, because the problems are minor) and therefore, the buyer or lessee is not entitled to a replacement vehicle or refund.

*Source: California Civil Code Section 1793.22(b).

 

[jlghertner]

Thanks ninjarice but I already picked up the car, as Tam said, the car is now at the Service Center.
I think I was too nice to accept the car with all these small issues but I (and specially my wife) didn't want to look too picky.
I picked the car 4 weeks ago and I've driven the car only less than half of the time. The car already spent 1 additional week in service because the 12V battery died 6 days after delivery and they had to replace it.

I’m waiting for a battery also and car has not even been delivered yet. At least they found it before delivery, but to wait for a battery? I hope I don’t have an accident.

Order new seats on Monday. No slack.

 

[patrick40363]

Hi,

to make a long story short, I found and documented several issues at delivery (around a month ago) of my Model 3 in SF Bay Area:
1.- Scratches in the roof
2.- Paint issues
3.- Dent in the leather in the lower middle piece in the back seat (see pictures)
4.- Some light stains in passenger and back seats (like if somebody with solar cream sat there) (see pictures)

After taking it to my closest Service Center here in SF Bay Area a week ago, they just called me and told me that it just came back from the body shop and roof was replaced and paint defects fixed. They don't have the Tesla logo but they will install it for free when it arrives.

For fix #3, they told me they couldn't bring it up to normal look, and they would like to compensate me with the first annual service, valued at $850, for free. They said, otherwise they would need to replace the whole seat and it's back ordered and it will take very long time.

For fix #4, they promised a full detailing to try removing the stains. But when I asked him now, they said that the detailing guy was out and he couldn't do it. They offered a voucher for a full detailing later on when the car is dirtier since the body shop anyway cleaned it up.

So I'm not sure what to do with #3 and #4. They gave me a car with a dent (look picture attached) and I feel bad if they have to replace the whole seat. I don't know what is the right compensation but I don't want them to give me something of no value (or less value they claim).
Same for #4, if they don't do the full detailing and I just take the car and the stains don't go away, I'll feel like they delivered a car in sub-par conditions and they didn't do anything to fix it or at least compensate in good faith.

Any advise is highly appreciated it. I haven't picked up the car yet.

Thanks.

Order the new seat and get the detailing later.

 

[streetskooler]

I had some cosmetic issues with my model 3 too. I took delivery and Tesla followed thru on their word and fixed everything (except one issue) that they said they would. Yes it took a long time but as long as the car runs fine I wouldn’t have any issues with keeping the car. And also don’t feel bad that You’re spending $50k plus and want your car to be perfect

 

[melius]

Too late to reject the car unless it's still within 3 day money back home delivery guarantee.

@Tam What is this 3 day money back guarantee you mention? Didnt know that.

When they dropped my car off two days ago (home delivery-michigan), there was water both on and inside the car (reportedly they put car in trailer while pouring), with condensation between the window and rim, scratch on fender, dirt smudges on driver door inside above the arm rest (probably someone with less than clean hands opened and closed the door), stains on chrome, water inside the trunk among many others. My DS said this was not in her purview and told me to call service center (cleveland) who were too busy to take call so national center took it and told me to email them. No reply as yet. I am thinking of cleaning car up real carefully now and checking what else they messed up. May be i should rush in case they hold me to the 3 day rule you mention. Thanks

 

[Tam]

...money back guarantee you mention?...

My memory of numbers of days is wrong. It's actually 2 days, not 3 days. It's only for home delivery. See the e-mail below:

 

[melius]

My memory of numbers of days is wrong. It's actually 2 days, not 3 days. It's only for home delivery. See the e-mail below:

Thanks and interesting. I just spoke to a service person (45 mins wait to get someone) and he said I can send issues upto 3 days. This was more to do with car issues like missing parts, scratches etc on delivery. So may be different from refund. Thank you. Now i am trying to get my app activated for car but DS says it will take 7 days and that is standard.

 

[JAUSA]

Now i am trying to get my app activated for car but DS says it will take 7 days and that is standard.

Check if your mobile access is disabled. Does it say so in the app? If so, enable it in the car:
Controls (car icon) > settings> little gear icon on the top right of the screen > allow mobile access

They told me the same thing at delivery and, after 3 days of no access, I called and they told me about this. My delivery specialist totally missed it.