Tesla model S battery Failed

[Spathepu]

Hello my 2013 model S battery failed only 30k miles. SC quoted reman battery series B I approved the estimate for $ 12.9k however they installed the new battery model
BATTERY,90KWH,SX(1014116-00-C and asking for $22.5k. I didn’t authorize this. I approved 12.9 k they made a mistake and installed a 22k battery. I denied to pay $22k I said I will pay $12.9k that I approved. What will happen now?

 

[ChaoticNeutral]

So that you could decline the 90 kWh pack ... and be sent off as you showed up ?
Or would you then have a different complaint and demand ?

Being told they didn’t have a replacement that was quoted is literally professionalism. There is no reason to do this intentionally unless they WANTED bad PR. It was a mistake, by the service center. They’re liable for the cost unless they can find a replacement within 10% of the estimate.

 

[SageBrush]

Being told they didn’t have a replacement that was quoted is literally professionalism. There is no reason to do this intentionally unless they WANTED bad PR. It was a mistake, by the service center. They’re liable for the cost unless they can find a replacement within 10% of the estimate.

I also think Tesla should have notified the customer that the cheaper option was unavailable, and offered the 90 kWh with a price quote upfront before work was done. Mistakes happen. If the customer does not want the 90 kWh pack at the cost Tesla is charging, it is on Tesla to put things back as they were.

Consumer protection laws are not meant to give consumers free stuff or money due to error, although I have seen them abused in that manner.
Look, if a cashier gives me back change that is the wrong amount, I return the excess.
If I pay for an item in a store and am given a wrong, more expensive item, I notify the store of the error and offer to give back the wrong item and accept the item I paid for.

You and others remind me of the pre-school game "finders keepers, losers weepers." Some, but clearly not all, later learn to treat others as they would like to be treated.

 

[whitex]

Tesla is not obligated to supply a battery of any size or meet any price. His car is out of warranty.

Do you think Tesla would put that in writing "we cannot guarantee we will be selling replacement batteries at any price after your battery warranty ends, you may have to just tow your car to the junkyard"? I somehow doubt they would.

 

[whitex]

I also think Tesla should have notified the customer that the cheaper option was unavailable, and offered the 90 kWh with a price quote upfront before work was done. Mistakes happen. If the customer does not want the 90 kWh pack at the cost Tesla is charging, it is on Tesla to put things back as they were.

Consumer protection laws are not meant to give consumers free stuff or money due to error, although I have seen them abused in that manner.
Look, if a cashier gives me back change that is the wrong amount, I return the excess.
If I pay for an item in a store and am given a wrong, more expensive item, I notify the store of the error and offer to give back the wrong item and accept the item I paid for.

You and others remind me of the pre-school game "finders keepers, losers weepers." Some, but clearly not all, later learn to treat others as they would like to be treated.

So according to you, would Tesla also be on the hook for wasted customer time and cost of equivalent rental for all the days they kept the car (either waiting or working on it), plus possibly increase in price if the next best option (perhaps some EV garage) price has gone up while Tesla was messing up?

From common sense point of view, if they quoted the amount, they should be obligated to provide the quoted service. No, they don't have to provide a new, higher capacity battery, but they should provide what they quoted. As a side note, putting the car back to the original state may not even be possible (the old battery was with Tesla while, perhaps it damages itself further if it was not being actively charged). They may not even be able to test whether they put the car back together correctly with a dead battery.

 

[Gixx1300R]

Nothing @Gixx1300R posted suggested it’s “illegal” for Tesla to fix their mistake and return the car to its original state or simply supply the battery they originally quoted as they’re implying.

Gixxer is implying that OP can simply walk up to the service center with $12.9k plus 10% in cash, plop it on the counter, and demand their car back that instant with the brand new battery - and if Tesla doesn’t provide it they’re breaking the law. That’s pretty cut and dry bullshit.

You are under the assumption that "Tesla made a mistake". That is not likely.

 

[SageBrush]

You are under the assumption that "Tesla made a mistake". That is not likely.

Conspiracy theory time ?

 

[SageBrush]

So according to you, would Tesla also be on the hook for wasted customer time and cost of equivalent rental for all the days they kept the car

If the contract so specifies. Of course, you are welcome to litigate

 

[ucmndd]

You are under the assumption that "Tesla made a mistake". That is not likely.

But also completely irrelevant.

 

[Gixx1300R]

§ 59.1-207.3​

Written estimate for repair work required upon request; charge in excess of estimate; conditions; display of sign required; limitations on liability for delay; exception​

A. Upon request by a customer, prior to the commencement of any repair work on a motor vehicle for which a customer may be charged more than $ 25, every automobile repair facility doing business in the Commonwealth shall provide the customer a written statement of (i) the estimated cost of labor necessary to complete the work, (ii) the estimated cost of parts necessary to complete work, (iii) a description of the problem or work as described or authorized by the customer, and (iv) the estimated completion time. An automobile repair facility shall have no obligation to provide such written statements prior to 10:00 a.m. or after 4:00 p.m. during a working day.




B. Where a written estimate is requested, no repair work on the motor vehicle may be undertaken, other than such diagnostic work as may be necessary for the preparation of an estimate, until the written estimate has been provided the customer and the customer has authorized the work, either in writing or orally, and no charge for repair work in excess of the written estimate by more than 10 percent or, in the case of any motor vehicle which is at least 25 model years old, 20 percent or extension of the time for the work may be made unless the additional work represented by such excess charge or the time extension has been authorized, in writing or orally, by the customer.




C. An automobile repair facility may impose reasonable conditions for its obligations to provide written estimates to a customer, including the imposition of a reasonable fee for the preparation of a written estimate and related diagnostic work; provided that any such conditions shall be disclosed to the customer at the time of his request by writing or by sign conspicuously posted at the entrance of the automobile repair facility.Each automobile repair facility shall display in a conspicuous place at any point where vehicles are normally received for repairs, a sign which states that:




1. The customer may receive a written estimate on request;




2. No repair work charge may exceed the written estimate by more than 10 percent unless the additional work represented by the excess charge has been authorized by the customer;




3. Any conditions imposed by the automobile repair facility in providing written estimates, such as the limited hours when written estimates will be prepared or the amount of the reasonable fee charged for preparing a written estimate and for related diagnostic work;




4. The facility shall offer to return all replaced parts except warranty, core charge or trade-in parts required to be returned to a manufacturer or distributor; and




5. Any complaints can be made to the Division of Consumer Counsel of the Department of Law.The sign heading “Customer Rights” shall be in letters at least one and one-half inches high and the remaining print shall be in letters at least one-fourth inch high with spacing between letters, words and lines so as to be clearly legible.




D. An automobile repair facility shall not be liable for breach of the written estimated completion date for a repair if the delay is occasioned by (i) an act of God or (ii) an unexpected shortage of labor or parts or (iii) other causes beyond the control of the automobile repair facility.




E. Nothing in this section shall require an automobile repair facility to give a written estimate if the facility is unwilling to perform the requested repair work.




F. The provisions of this section shall not apply to the repair of any motor vehicle which is any car listed in the Official Judging Manual of the Antique Automobile Club of America.

 

[Cheburashka]

Why hasn't OP consulted an attorney on this matter? The law seems to be clear and on his side.

 

[Spathepu]

Why hasn't OP consulted an attorney on this matter? The law seems to be clear and on his side.

I’m about to wanted to hear from Tesla first.

 

[Olle]

Another way to think bout it: Is it possible that the new battery might be legally considered part of your car now, since it is actually installed and screwed into place? If that is the case, taking it out might be considered vandalism and you should get your car back in current condition if you pay for the originally quoted repair.

Think about the contractors who sometimes over bill and come back to damage the house if not paid the over charge, they are usually wrong in the eye of the law.

 

[DrDabbles]

Nothing @Gixx1300R posted suggested it’s “illegal” for Tesla to fix their mistake and return the car to its original state or simply supply the battery they originally quoted as they’re implying.

Gixxer is implying that OP can simply walk up to the service center with $12.9k plus 10% in cash, plop it on the counter, and demand their car back that instant with the brand new battery - and if Tesla doesn’t provide it they’re breaking the law. That’s pretty cut and dry bullshit.

Let's try going aaaaaaall the way back to page 2 and reading with our eyes.

Tesla model S battery Failed

Hello my 2013 model S battery failed only 30k miles. SC quoted reman battery series B I approved the estimate for $ 12.9k however they installed the new battery model BATTERY,90KWH,SX(1014116-00-C and asking for $22.5k. I didn’t authorize this. I approved 12.9 k they made a mistake and...

teslamotorsclub.com

which links to 2006 Code of Virginia § 59.1-207.3 - Written estimate for repair work required upon request; charge in excess of estimate; conditions; d...

Which clearly states

B. Where a written estimate is requested, no repair work on the motor vehiclemay be undertaken, other than such diagnostic work as may be necessary forthe preparation of an estimate, until the written estimate has been providedthe customer and the customer has authorized the work, either in writing ororally, and no charge for repair work in excess of the written estimate bymore than ten percent or, in the case of any motor vehicle which is at leasttwenty-five model years old, twenty percent or extension of the time for thework may be made unless the additional work represented by such excess chargeor the time extension has been authorized, in writing or orally, by thecustomer.

So. Your turn to link to something that supports your rejection of consumer protection laws.

 

[ucmndd]

Let's try going aaaaaaall the way back to page 2 and reading with our eyes.

Again. Absolutely nothing in that text prevents Tesla from correcting their mistake and returning the car to its original state, or installing the originally quoted remanufactured battery.

Reading with our brains might be more useful in this case.

 

[DrDabbles]

correcting their mistake and returning the car to its original state, or installing the originally quoted remanufactured battery.

Which they haven't done. So. Now they have gone beyond the time estimate portion, AND the cost estimate, and OP still doesn't have their car back. So, I'm waiting for a link that says the VA law you've been given a link to is void for Tesla.

 

[SageBrush]

OP still doesn't have their car back

Of course not. OP put the service center on standby while s/he whines at Tesla.
You only see what you want to believe is true

 

[ucmndd]

Now they have gone beyond the time estimate portion

More assumptions. What time estimate/guarantee was provided, if any, and how do you know what it was?

Bottom line, y'all are frothing at the mouth and giving bad legal advice to someone based on an incomplete and absurd interpretation of the law.

OP is absolutely protected by the law being quoted in that they have no obligation whatsoever to pay the inflated price they didn't approve. Suggesting the same law that limits their liability ALSO entitles them to storm the Tesla castle and make off with a battery that costs $10,000 more than the one they approved because of some implied technicality is asinine and stupid - the kind of villain-fighting fantasy that only happens in the confines of anonymous Internet forums.

 

[cbdream99]

I think Tesla certainly has the right to correct this by installing the correct battery that the OP asked for, putting the old one there is a little drastic from PR stand point. What Tesla cannot do is insist the customer to pay for the cost of the much more expensive battery and hold the car hostage, then if it goes to court, they will have a hard time to defend themselves. To me this is slightly different from a bank who accidentally deposit a big amount to a person’s bank account and then correct it later; this case at least on the surface should immediately delay returning the car to the customer and seek management advice on finding a resolution. For example, let the OP drive the car away and wait for the reman battery and then swap the batter.

 

[Spathepu]

Hello my 2013 model S battery failed only 30k miles. SC quoted reman battery series B I approved the estimate for $ 12.9k however they installed the new battery model
BATTERY,90KWH,SX(1014116-00-C and asking for $22.5k. I didn’t authorize this. I approved 12.9 k they made a mistake and installed a 22k battery. I denied to pay $22k I said I will pay $12.9k that I approved. What will happen now?

I think Tesla certainly has the right to correct this by installing the correct battery that the OP asked for, putting the old one there is a little drastic from PR stand point. What Tesla cannot do is insist the customer to pay for the cost of the much more expensive battery and hold the car hostage, then if it goes to court, they will have a hard time to defend themselves. To me this is slightly different from a bank who accidentally deposit a big amount to a person’s bank account and then correct it later; this case at least on the surface should immediately delay returning the car to the customer and seek management advice on finding a resolution. For example, let the OP drive the car away and wait for the reman battery and then swap the batter.

Hello my 2013 model S battery failed only 30k miles. SC quoted reman battery series B I approved the estimate for $ 12.9k however they installed the new battery model
BATTERY,90KWH,SX(1014116-00-C and asking for $22.5k. I didn’t authorize this. I approved 12.9 k they made a mistake and installed a 22k battery. I denied to pay $22k I said I will pay $12.9k that I approved. What will happen now?

Hello all! Thank you to folks in this forum who helped me and also criticised me. I learned a lot in this process. Here is the update:
This morning I sent a message on when I can pick my car.
Tesla called me back and told me either I take the battery and pay 22k or they will put my old battery back. I responded to them in my own way that they screwed up and I’m ready to loose the car but will make sure that I’ll take them down with me and that they broke their own contract not to exceed more than 10% of the estimate. An hour after that my invoice was adjusted to the estimated price, followed by apology call from SC. I picked up my car this evening.

I’m very thankful to everyone who guided me on this post thorough out this process.
All the responses negative and positive comments were helpful to me.

 

[ucmndd]

Hello all! Thank you to folks in this forum who helped me and also criticised me. I learned a lot in this process. Here is the update:
This morning I sent a message on when I can pick my car.
Tesla called me back and told me either I take the battery and pay 22k or they will put my old battery back. I responded to them in my own way that they screwed up and I’m ready to loose the car but will make sure that I’ll take them down with me and that they broke their own contract not to exceed more than 10% of the estimate. An hour after that my invoice was adjusted to the estimated price, followed by apology call from SC. I picked up my car this evening.

I’m very thankful to everyone who guided me on this post thorough out this process.
All the responses negative and positive comments were helpful to me.

Well done. I admit I’m surprised they rolled over so quickly. A kinder, softer Tesla service?

Happy you ended up with a favorable outcome.