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[UK] Premium Connectivity Progress - pre mid July 2019 orders
- Thread starter Martinb999
- Start date
It would appear that if you have a lease, you are unaffected by this - premium connectivity continues.
Thunderbird1
Thunderbird1
Relatively quick reply with a template.
"Dear ichorus,
Thank you for your message. We realise this is a concern for you and equivalent owners and so are urgently reviewing this for you.
We thank you for your patience in the meantime and will update you accordingly.
Best wishes"
"Dear ichorus,
Thank you for your message. We realise this is a concern for you and equivalent owners and so are urgently reviewing this for you.
We thank you for your patience in the meantime and will update you accordingly.
Best wishes"
Jason71
Well-Known Member
I ordered on 22nd July 2019 have always assumed that was too late to have any claim for being mislead. I thought this only affected people who ordered very early like May June but the survey above says "Mid July /August" So exactly when was this "clarified" in the wording on the site?
Glan gluaisne
Active Member
The key date is, I think, the contractual date at which anyone entered into an agreement to buy the car and paid the deposit.
From what little I remember of being taught some basics of contract law on a training course years ago, to be valid a contract needs an offer, the acceptance of that offer and the exchange of a consideration. If that definition is still correct, then the offer would be Tesla's invitation to treat, i.e. them expressing the availability of a car to purchase, with the terms of that purchase, including the specification, defined. The acceptance of that offer would be the committent to buy, by placing an order and the exchange of a consideration would be the initial deposit paid to Tesla.
From the moment that Tesla have accepted a deposit, they have an obligation to either deliver the car, to the specification described in the initial offer, or they could request that the contract be amended, if, for example, the specification changed (which would require agreement by the purchaser), or they could cancel the contract and refund any money paid.
What they cannot do is change the specification without amending the contract, and any contract amendment needs the agreement of all parties to it.
I'm not a lawyer, and the above is just stuff that I remember from some training in contract law, but at the time I received this training I was the manager of a procurement with a value of ~£1.3 bn, so my employer went to some length to try and ensure I knew at least enough about contracts to not be too dangerous.
Jason71
Well-Known Member
Fair enough but what is that date in this respect? The paper work they send you never included any details about premium connectivity so its all about what was stated on the web site and when.
Glan gluaisne
Active Member
IIRC, premium connectivity was described as being a part of the premium interior package at the time. On my Motor Vehicle Order Agreement (which forms the contract) the premium interior is listed, along with acceptance of the deposit payment and the terms and conditions.
It would seem that the key thing will be to prove that, at the time of the contract (which will be the date on that initial invoice) premium connectivity was an intrinsic part of the premium interior package, I think. Verified snapshots of the website from the time that the order was placed should be sufficient evidence to confirm the specification of what was being ordered, I'd have thought.
My money is on this having been a cock-up by Tesla, when they described the specification of the car originally. Nevertheless, if their error led people to believe that they were getting something, and Tesla then choose to remove that at a later date, then that would seem to be a breach of contract.
It may get more complex though, because there have been other cases of online services that have been taken away after purchase, leaving a reduced level of functionality. For example, we bought a Humax Freesat box some years ago, on the basis that it would receive both Freesat and iPlayer via an ethernet connection. Humax removed support for iPlayer a year or two after we bought it. We had to buy another Humax Freesat box, and guess what? Humax have yet again withdrawn the iPlayer functionality a couple of weeks ago, less than two years after purchase.
Whether Tesla can make some sort of argument that online services are subject to change by them, without being a breach of any contract or consumer law I don't know, but if our experience with Humax is anything to go by, they just might.
Jason71
Well-Known Member
Yes but since I don't have any snapshots of the website at the date I ordered I just thought I would ask what the relevant date was to save me trawling the internet/wayback machine to try to figure it out if someone already knew and I was outside.
Appears it had already changed to 1 year by Mid June which was all needed to know.
MrBadger
Badger out
From archive, best you can do if you do not have a screenshot from when ordering, is the '1 year included' was added some time between 4th June and 16th July 2019.
Glan gluaisne
Active Member
I assumed your question was about the date when the contract was formed, given that the date that the specification changed seemed to already be noted earlier in this thread. On another forum mention was made of the contract date being the date of the final payment, which isn't correct, it's the date on the Motor Vehicle Order Agreement from Tesla.
Jason71
Well-Known Member
all I could see was "mid July" which could encompass the 22nd potentially but does not as it turns out it was definitely there by the 16th July ( not mid June as I incorrectly suggested earlier)
Glan gluaisne
Active Member
A thought has just occurred. On the Model 3 refresh thread, customers that have ordered, and paid for/paid a deposit for, a car with the previous specification are now being told that the car they will receive will be to a different specification. In effect, Tesla have changed the terms of the contract, and are only informing customers of this shortly before they take delivery.
Although, in general, the refresh model may be an improvement on the model that people had ordered, this is still a material change to the terms of the contract. What people are going to receive is not the same as the car they ordered, so for those that don't like, for example, the chrome delete look, then presumably all they can do is reject the car and cancel the deal. Not ideal for those that have already put all the arrangements in place to buy a new car.
The question is, how might this impact the claim regarding the change in premium connectivity?
I'm not convinced it does, given that it seems straightforward when something that's been paid for isn't delivered, but nevertheless it does seem to indicate that the terms of a purchase contract don't actually mean much as far as Tesla are concerned.
Although, in general, the refresh model may be an improvement on the model that people had ordered, this is still a material change to the terms of the contract. What people are going to receive is not the same as the car they ordered, so for those that don't like, for example, the chrome delete look, then presumably all they can do is reject the car and cancel the deal. Not ideal for those that have already put all the arrangements in place to buy a new car.
The question is, how might this impact the claim regarding the change in premium connectivity?
I'm not convinced it does, given that it seems straightforward when something that's been paid for isn't delivered, but nevertheless it does seem to indicate that the terms of a purchase contract don't actually mean much as far as Tesla are concerned.
Rooster6655
Active Member
They don't care, last year they couldn't be bothered to answer the phones anymore, they will continue to do things like this until it reaches a legal case, which most would never follow up on
Rooster6655
Active Member
Ordered 1st May 2019, I expected them to fix this like it sounds like they did in Australia/New Zealand. Then thought, "meh, it's only £10". But yeah thrown an email their way to push for it. Fingers crossed
Its only another £10 a month, after adding £10 for Spotify subscription it is just another add-on not needed, Spotify in the car always had stupid connectivity issues.
I have a better experience with mobile now that I can download the track to my phone and play them with Spotify, certainly not worth £10 a month for which I presume cost Tesla nothing extra a month seeing as all the car need to be connected anyway.
interbear
Active Member
I’ll patiently wait for Tesla to sort this out for early order placers. I’m convinced I should have premium connectivity on an ongoing basis as there was zero mention of expiry. I’ve mailed them to complain and got a response suggesting they were looking at it.
In the meantime I’m finding that I can cope just fine with standard connectivity. I’ve found that I prefer using my Apple Music subscription via my phone than the temperamental on board Spotify that dropped signal quite often. Netflix I can do without with as I’m not really doing big journeys with charge stops at the moment. And losing caraoke is a benefit! I’m only really missing the sat nav imagery, I do like the Google images. But I can live without it for £9.99 a month.
In the meantime I’m finding that I can cope just fine with standard connectivity. I’ve found that I prefer using my Apple Music subscription via my phone than the temperamental on board Spotify that dropped signal quite often. Netflix I can do without with as I’m not really doing big journeys with charge stops at the moment. And losing caraoke is a benefit! I’m only really missing the sat nav imagery, I do like the Google images. But I can live without it for £9.99 a month.
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