Sounds like lithium plating is damage that should have been avoided by properly heating the battery or limiting charge rates.
It seems that some amount of lithium plating is an unavoidable consequence of most EV battery usage which almost always encounter charging under less than ideal conditions. But it can be reduced or minimized or possibly some of it reversed by actions by the BMS. It is likely that the software update is exactly what you are advocating here.
I don't get to pick and choose which sentences are important and which ones are not in a contract. Every sentence, every word matters. Someone is going to get to decide what all those words mean in their totality.
But you do have to actually read and understand the sentences and attribute meaning to them and determine what the precise term of a contract is and whether they create any contractual obligations and if so what exactly is the nature of the contractual obligation. Some sentences in contracts do not create obligations but are merely representations. And then if those representations turn out to be false, that could (in combination with another term of the contract) create an obligation.
In this case the sentence you like is simply a statement of fact. Tesla cannot breach that sentence, and that sentence does not create any duty for Tesla and it doesn't create any remedy for the customers.
The second sentence does specify the duty for Tesla (namely by limiting the duty), and correspondingly limiting the remedy for owners.
Namely, "Loss of Battery energy or power over time or due to or resulting from Battery usage is NOT covered under this Battery and Drive Unit Limited Warranty"
That limit isn't changed by the fact that the declarative sentence is true "The Battery, like all lithium-ion batteries, will experience gradual energy or power loss with time and use." Also not knowing the specific details we don't know that just because the battery charged to 4.2v and the reported range was whatever it was, because of some other battery condition the actual range available could have already degraded, especially when you realize that all performance of the battery is performance within certain limits of the BMS which were in place on day one, and those limits have been continually refined, as they should be.
What is upsetting is that it occurred suddenly without warning or explanation, and it left us skeptical and concerned
I agree, but such is the necessary decision-making balancing the interests of keeping proprietary trade secrets, alleviating the anxiety and concerns of affected customers, and perhaps simply not having sufficient clear technical detail that even could be shared. That's the (to me, small) cost of using new technology that is still being developed, tweaked and understood.
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