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Tesla Model 3 in Australia

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It's easy to overstate the impact of alternatives like the Kona without considering the whole Tesla ecosystem and experience and especially the limted availablility of alternative models. Better route planner does show the Kona doing one stop Melb to Canberra but the second leg is at 85km/hr and the total charge time of 1hr 6mins and total trip time of 8hrs 34mins.

My strategy has been to order a SR+ now to support Telsas mission and help accelerate the move to sustainable transport (plus why wait). In a few years time I'll add a MYLR to it by which time I expect battery/charging tech to have substantially increased range with a lower effective price.

Holbrook charger just changed that for the Kona - two quicker stops now (see picture).

I am a massive Tesla fan (queued up overnight, etc) but isn’t helping accelerate the move to sustainable transport about “helping” the other manufacturers move to EV’s as well? Tesla can’t do it alone. So in my mind (and yes I’d rather be buying a Tesla) buying another manufacturers EV shows them there’s demand and makes them make more and more compelling EV’s.

Nissan brought in 650 original Leafs. Then overpriced them and took 4 years to sell them. So they didnt even bring in the second generation. Now Hyundai, Nissan etc are bringing in more EV’s and while still overpriced, but cheaper then Tesla, and they do need to be shown that there’s a demand for other options.

EE86BABA-29CB-4889-BFDF-3DA5A8D77412.jpeg
 
Both downvotes by you as the cheerleader.
The downvotes aren't downvotes, they are disagreements. I disagree to what you said because I don't feel that it's false that he's doing it to get payments, I feel that he's doing it because the software isn't ready yet, and he doesn't want to charge you extra for the FSD if he's not providing the goods.

Personally I believe Elon is a very fair person. I don't think these issues that I am experiencing would even have reached his level in the company. This would be some delivery manager saying no we aren't honouring the advertised features that I'm talking about.

The difference between your issues that I disagree with is that you're saying Elon is being fraudulent, and the issues I'm talking about is 'TESLA' (or some manager somewhere, not Elon) not providing on the advertised features when I paid my $3,000 (call it what you want, it locked in the price (except for govt, charges) and to me, that's a deposit).
 
Have Tesla actually confirmed that homelink isnt included in the first round of orders people placed? I would only be really disappointed because of the lack of communication if that was the case. I love Tesla but it’s kind of poor for them to take 115,000 grand of my hard earned and then not even tell me that certain features I ordered with my car won’t be coming anymore
That's actually totally illegal of them.
Silence from a company that has changed something before you get it, is directly referred to under the QLD Consumer Law.
 
Holbrook charger just changed that for the Kona - two quicker stops now (see picture).

I am a massive Tesla fan (queued up overnight, etc) but isn’t helping accelerate the move to sustainable transport about “helping” the other manufacturers move to EV’s as well? Tesla can’t do it alone. So in my mind (and yes I’d rather be buying a Tesla) buying another manufacturers EV shows them there’s demand and makes them make more and more compelling EV’s.

Nissan brought in 650 original Leafs. Then overpriced them and took 4 years to sell them. So they didnt even bring in the second generation. Now Hyundai, Nissan etc are bringing in more EV’s and while still overpriced, but cheaper then Tesla, and they do need to be shown that there’s a demand for other options.
While I understand your reasoning, it could also be argued that by buying a Tesla you're telling other manufactures that they need to step up their offerings to become competitive. In my eyes, the cars offered by the other manufactures just don't compare. The prices of these competing vehicles aren't all that far off from the Model 3 SR+ and yet they offer less range, less performance and less features. If they start losing market share because people are buying Tesla's when they want an EV then that's also going to send them a message
 
That's actually totally illegal of them.
Silence from a company that has changed something before you get it, is directly referred to under the QLD Consumer Law.
What resolution do you want out of this? Tesla took Homelink out of the production line in like April, before our orders ever opened up, and more than likely did not update the AU configuration text until after orders opened.

They're free to offer you a refund on your deposit and call it a day.
 
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The Order Agreement is. And it says that Tesla will deliver a car with the features advertised at the time of order. Which were:

ZGavJ0NRiE-6KU63gFhqZdLZ7nJqnqIBLANPY31b_s9LbvIoBmhNFvjtgd_AP0u3mTyUHHArIP8HUXp3GtXgtnqDNoTMr4Codegdev2A7qrFblT1i0-0x0fSBiN46y6r1TjBFvsILvBaGRhQjTLCeRHA6xJYk9ZuQC8Z2kKCNk8NCvS1pJXbmaWJH_yH6N0fSXQKHAbFPJ4s8GHMTyBm8jLOIq2-gxfo2ZONXuwA3cLAnXlDA2u3_vMCcPt35l17NDcZDVEfTArXIlWzkrc5o_kY61whKRZiDl7NEkhP5z7q3D61C_7SFce9_AMtenFj55Slaqwbnjb5R4nv8_sf2zBcSA5Gutjjc7JTy05JyBPOhLHjKcWN42B5qjMvZHGEGHM4boZol8ym_byBasdoIikGLCndyGS6nCmUtV_4Kt8OrgnCfXpu3u3lWfNIN_tvK-q8NHWLk3uFAD3JCfaW-4kZkcjA-qIc1IIdayuCQOaGBiH-kW7QDf283aaDgekMVAI4AkDK9VTY1wsmuE3EZGhqiTIvI6QWyp6f95udTW_W1xyF_tOAddm3SZ7Hvs5JnQmHmF-0UGot5PUHq1pWtMDSqlrNK4OgWbPFxvwnZjtSZAAskcL4QVm2CupLpDXUhbg100Jrarlc0Vc-K7obuvidbW31RQvb=w968-h1935-no


Don't understand why some people want to give Tesla a free pass on this.

Where is the free pass? If you are talking about unlimited free connectivity the current purchase order of an M3 says:

"Premium Connectivity (1 year included):

  • Satellite maps with live traffic visualization
  • In-car internet streaming music and media
  • More frequent over-the-air updates via cellular"

If it said anything else when an order was made and you have written proof that the link from the order pages went to a description that omitted the "(1 year included)", then it would be reasonable to expect that there is no time limitation.

If it was silent on the time limit, then thinking that it is limited is just an assumption being made in the purchaser's mind which could and probaby is false. ie there probably is no limitation in this/these case/s. Remember later purchase orders are irrelevant to the one you have.

If it is a concern, you could ask for clarification in writing from Tesla or just wait to see what happens. If Tesla tries to charge after 12 months, you would have an arguable case that has merit to win.
 
What resolution do you want out of this? Tesla took Homelink out of the production line in like April, before our orders ever opened up, and more than likely did not update the AU configuration text until after orders opened.

They're free to offer you a refund on your deposit and call it a day.
I want what was advertised when I paid my deposit.
Unknowingly misleading the customer is not a defence, this is also directly referred to in the QLD Consumer Law, along with staying silent and not advertising that the mistake was made.

They've accepted my money, they've entered into the contract.
They can write what they want on their agreements, but at the end of the day, they can't break the law.
They can call a deposit whatever they want, but if it acts like a deposit and looks like a deposit, it's probably a deposit.

To quote 'Romeo and Juliet':
"What’s in a name that which we call a rose, by any other name would smell as sweet".
 
Where is the free pass? If you are talking about unlimited free connectivity the current purchase order of an M3 says:

"Premium Connectivity (1 year included):

  • Satellite maps with live traffic visualization
  • In-car internet streaming music and media
  • More frequent over-the-air updates via cellular"

If it said anything else when an order was made and you have written proof that the link from the order pages went to a description that omitted the "(1 year included)", then it would be reasonable to expect that there is no time limitation.

If it was silent on the time limit, then thinking that it is limited is just an assumption being made in the purchaser's mind which could and probaby is false. ie there probably is no limitation in this/these case/s. Remember later purchase orders are irrelevant to the one you have.

If it is a concern, you could ask for clarification in writing from Tesla or just wait to see what happens. If Tesla tries to charge after 12 months, you would have an arguable case that has merit to win.
It didn't have the 1 year included, and it did have the Location aware garage door opening, when I ordered. It's fair to assume that I would be getting that when I made my order, when I placed my $3,000 there was nothing there to tell me that I wouldn't get what I had ordered in the configurator, I paid the money as stated, and then I got that document that everyone is saying has 'legal outs'.
No, sorry, that's changing the goal posts after taking my money.
 
Hmm, there are a few more registered in the NSW series now.

EBO45X
2019 GREY TESLA MODEL 3 SEDAN
VIN / Chassis: xxxxxxxxxxxxx2877
Registration expiry: 25 August 2020
1,609 kg

EBO45Y
2019 BLACK TESLA MODEL 3 SEDAN
VIN / Chassis: xxxxxxxxxxxxx3238
Registration expiry: 25 August 2020
1,856 kg

EBO 45W spotted near the Sydney delivery centre (Alexandria) last Friday.

EBO45W.jpg
 
I want what was advertised when I paid my deposit.
Unknowingly misleading the customer is not a defence, this is also directly referred to in the QLD Consumer Law, along with staying silent and not advertising that the mistake was made.

They've accepted my money, they've entered into the contract.
They can write what they want on their agreements, but at the end of the day, they can't break the law.
They can call a deposit whatever they want, but if it acts like a deposit and looks like a deposit, it's probably a deposit.

To quote 'Romeo and Juliet':
"What’s in a name that which we call a rose, by any other name would smell as sweet".
A general comment here: It's important to remember the difference here between private and business purchases. Consumer law will override a lot of the t's and c's tesla has written in here imo. Tesla does not arrive any of your consumer rights just by saying out is so. However, consumer law does not apply to you if you have purchased as a business.

In case you're wondering why, the assumption is that consumers probably can not afford/should not have to engage lawyers as part of everyday life. However, the assumption is that businesses have the wherewithal to engage a lawyer, and if it is not economically feasible to do so when appropriate, it's not a viable business model.
 
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I want what was advertised when I paid my deposit.
Unknowingly misleading the customer is not a defence, this is also directly referred to in the QLD Consumer Law, along with staying silent and not advertising that the mistake was made.

They've accepted my money, they've entered into the contract.
They can write what they want on their agreements, but at the end of the day, they can't break the law.
They can call a deposit whatever they want, but if it acts like a deposit and looks like a deposit, it's probably a deposit.

To quote 'Romeo and Juliet':
"What’s in a name that which we call a rose, by any other name would smell as sweet".

It's not what was advertised when you ordered, it is what was described in your ordering process and the direct links from the order pages that described what you were getting. You would need copies of those link descriptions and whatever is described becomes your entitlement. No more, no less. If there is gray, and you don't think you are getting what is described, then you are open to have that gray determined by a court. At the moment, if you think you are not getting what you think you bought, then it is only speculation as you don't have the car yet. The onus would be on you however to establish proof of your claim if you don't receive what you think you ordered.
 
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It's not what was advertised when you ordered, it is what was described in your ordering process and the direct links from the order pages that described what you were getting. You would need copies of those link descriptions and whatever is described becomes your entitlement. No more, no less. If there is gray, and you don't think you are getting what is described, then you are open to have that gray determined by a court. At the moment, if you think you are not getting what you think you bought, then it is only speculation as you don't have the car yet. The onus would be on you however to establish proof of your claim if you don't receive what you think you ordered.
No mate, I'm sorry but that's incorrect.
It is what was advertised to me, AND what was described during the ordering process.
The fact that I have the screenshots here that were taken, and the video of that guy on youtube going through the ordering screens, and my date of ordering, and dates of reports of when these items were removed, etc. I think I'll have enough proof.

Tesla, by operating a business here in Australia/Queensland is not immune to our consumer protections. They will have to answer to QCAT, and provide evidence to the contrary if/when the case is heard. They honestly don't have a leg to stand on and it will most likely create a precedent for others who also ordered before that date, to also get the same.

I'm not going to continue speaking on this point anymore though, as I don't want to erode my options, and abilities should it actually have to go to QCAT.
 
The Order Agreement is. And it says that Tesla will deliver a car with the features advertised at the time of order. Which were:

ZGavJ0NRiE-6KU63gFhqZdLZ7nJqnqIBLANPY31b_s9LbvIoBmhNFvjtgd_AP0u3mTyUHHArIP8HUXp3GtXgtnqDNoTMr4Codegdev2A7qrFblT1i0-0x0fSBiN46y6r1TjBFvsILvBaGRhQjTLCeRHA6xJYk9ZuQC8Z2kKCNk8NCvS1pJXbmaWJH_yH6N0fSXQKHAbFPJ4s8GHMTyBm8jLOIq2-gxfo2ZONXuwA3cLAnXlDA2u3_vMCcPt35l17NDcZDVEfTArXIlWzkrc5o_kY61whKRZiDl7NEkhP5z7q3D61C_7SFce9_AMtenFj55Slaqwbnjb5R4nv8_sf2zBcSA5Gutjjc7JTy05JyBPOhLHjKcWN42B5qjMvZHGEGHM4boZol8ym_byBasdoIikGLCndyGS6nCmUtV_4Kt8OrgnCfXpu3u3lWfNIN_tvK-q8NHWLk3uFAD3JCfaW-4kZkcjA-qIc1IIdayuCQOaGBiH-kW7QDf283aaDgekMVAI4AkDK9VTY1wsmuE3EZGhqiTIvI6QWyp6f95udTW_W1xyF_tOAddm3SZ7Hvs5JnQmHmF-0UGot5PUHq1pWtMDSqlrNK4OgWbPFxvwnZjtSZAAskcL4QVm2CupLpDXUhbg100Jrarlc0Vc-K7obuvidbW31RQvb=w968-h1935-no


Don't understand why some people want to give Tesla a free pass on this.

Tesla should absolutely NOT get a free pass on this, go for it lock, stock and two smoking barrels, and get your home link. Then when that's done turn your attention on the local, state and federal governments (plus the opposition) on the billions of dollars they waste leading Australia up blind alleys, disparaging renewables, funding coal mines, protecting foreign oil shipping in the Middle East, destroying rivers so family members with farms can profit and generally leading us faster to an unlivable planet.
Edit: Rant over!
 
It didn't have the 1 year included, and it did have the Location aware garage door opening, when I ordered. It's fair to assume that I would be getting that when I made my order, when I placed my $3,000 there was nothing there to tell me that I wouldn't get what I had ordered in the configurator, I paid the money as stated, and then I got that document that everyone is saying has 'legal outs'.
No, sorry, that's changing the goal posts after taking my money.

I don't want to appear argumentative, but it is not about moving the goal posts.
You should get what you ordered after the deposit was paid. The Terms and conditions are available prior to making an order and don't come only after. The descriptions of what you select are displayed from the particular order page you are on at the time and are visible in their entirety when you click the hyperlink for the full description. Anything else outside of your purchase order environment is irrelevant. You have what you have, and whatever it says is what you are entitled to. You just need to have proof of what was there at the time you did it to make an easy and successful claim to get it IF in fact you don't get it.
 
Don't understand why some people want to give Tesla a free pass on this.

I am not for a minute wanting Tesla to get a"free pass" on this. I truly hope you get what you ordered (or recompense).
I just don't think the odds are stacked in your favour.
I would strongly recommend you consult a lawyer (not the ramblings on this site) before you take delivery of the car, and maybe look at getting a class action together as Tesla has far deeper pockets than you.

I think what Tesla has done (and their silence on the matter) is wrong. But banging on about it on this site is not going to get you the outcome you want.
 
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Where is the free pass?

The "free pass" was in reference to people saying (rougly) that Tesla is totally justified in not including advertised features if they want and that Australian purchasers should have somehow been more aware of the internal machinations of Tesla's assembly line in April 2019 than the features they were publicly advertising on their order form when orders went live in June, etc.. And more about Homelink than the connectivity thing.

and maybe look at getting a class action together

This particular issue does seem like fertile ground for a class action.
 
Guys, I feel we should bring the discussion about what constitutes a contract and what obligations Tesla does/does not have to a close on this thread. it really has hijacked it at the moment.

I don't have any authority here, this is just my opinion, but I feel it should be its own thread at this point. As a number of people have pointed out, I don't think any of us are lawyers, so we're just going around in circles (I'm sure lawyers would do the same, just with more seeming authority :) )

Of course, if you get anything concrete, I'd be more than willing to hear it here.