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No more free unlimited supercharging for Tesla used vehicles

Discussion in 'Model S' started by FlatSix911, Jul 22, 2019.

  1. ohmman

    ohmman Maximum Plaid Member

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    To me the delineation seems clear on the surface, and I completely agree (again, on the surface) with the analogies to premium wheels or any other add-on. As I posted up-thread, Tesla should be able to remove anything from any car that they purchase back via trade-in or otherwise, but once they start removing things from cars that they don't own, it becomes anywhere from cloudy to outright wrong.

    There is a nuance to this in that FUSC isn't a physical item like wheels. It's a right to use a service that is provided by and operated by Tesla. I can't think of a great analogy, and maybe one isn't necessary. The questions then become whether they have the legal right to change access to their service, and whether they have an ethical right to do so. Legally, it sounds from this thread that they're trying to use a bit of a loophole - since commercial owners cannot have FUSC, as soon as a vehicle enters the hands of a commercial entity (wholesaler/etc), FUSC becomes automatically removed. I know nothing about consumer law, but that sounds like a reasonable legal argument. I think it can be interpreted differently from an ethical standpoint depending on the person with whom you're speaking. Personally, I don't like it.

    The one that would be most clearly in the wrong legally and ethically is private party transfers, and I am guessing that's why they haven't touched those. Will this encourage more private party sales of cars with FUSC? Seems like it might.

    While I overall disagree with how this is being implemented - my preference would be that Tesla remove FUSC only from vehicles they purchase, I do think we all have to remember the nuance of this being access to a service, and not a physical item like wheels or a sound system or whatever.
     
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  2. VifferFun

    VifferFun Member

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    Your post very clearly articulates the matter :) Here's an analogy:

    Suppose a car manufacturer sold a vehicle with a 4-year 80,000km warranty, but after selling many vehicles they decided to reduce the warrantee to 3-year 80,000km. In this scenario the manufacturer wouldn't be removing a physical item from the car; however, they would be removing 1 year of warranty that was promised to people when they purchased with the car. Although the warantee isn't a physical asset, it is certainly an intangible asset that is part of the value of the car and upwardly influenced the price of the car when it was sold by the manufacturer. The manufacturer can make this warantee change for vehicles that they have not yet sold or vehicles that they purchased back from owners, but the manufacturer CANNOT make this warantee change for vehicles that are currently owned by anyone other than the manufacturer (i.e. car dealerships, private individuals, etc.) since they would be stealing an intangible asset.

    Substitute "Free Unlimited Supercharging (FUSC)" with "Warrantee" and the same argument holds :)
     
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  3. Geek190

    Geek190 Member

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    Excellent analogy
     
  4. Mark_T

    Mark_T Member

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    It is better than wheels, but it doesn't deal with the non-availability of the service to business users.

    We don't know for sure that this is the basis that Tesla are using, that was just a suggestion I made a few days ago, but if it is what they are doing then the problem is what contractual right a business that can't use the service has to pass on that service availability to a subsequent non-business user...

    This is a messy and poorly documented service at best so no idea how it would play out if it ever made it into court...
     
  5. ohmman

    ohmman Maximum Plaid Member

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    I also considered this analogy, but I don't think it holds up very well overall. FUSC is for life - warrantees generally have an endpoint. And Tesla does offer a warrantee and isn't changing it. Another example I considered was "free oil changes for life," which I think is a closer match, but also poses enough differences to disqualify it as a good choice.

    I do think that most here agree that the grey area lies in the "corporately owned third party transactions". I don't think there is much of an argument against Tesla taking it away on cars which they possess, and I think there is a good argument against Tesla taking it from private transactions, which they aren't. So we can probably all focus simply on the commercial transfer aspect.
     
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  6. AMPd

    AMPd Active Member

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    You guys and your analogies!

    Bottom line, Tesla alters a vehicle they own = no problem. Tesla alters a vehicle they don’t own = problem.
     
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  7. PWlakewood

    PWlakewood Member

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    Exactly. I've brought that up in the last 4 phone calls to tesla and still get the same bs from them. Class action here we come!
     
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  8. samppa

    samppa Member

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    So has Tesla actually removed free supercharging after a 3rd party sale? Or is this all speculation?

    I see it's been removed from cpo vehicles.
     
  9. Huachipato

    Huachipato Member

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    There is no CPO. Just used cars.

    I'd like to say I do fall in the 3rd party purchased car that had FUSC removed. I asked Tesla specifically if my car pass through their hands before it went to the dealer I purchased the car from, and they bypassed that question and said any wholesaled car has FUSC removed.
     
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