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As we all know, the current global automotive market is affected by the shortage of chips, there is a certain degree of uncertainty in product delivery. On Sept. 11, Mr. Dai paid 1000 yuan to order a Model Y at Tesla Service Center for 284000 yuan. Tesla's official website shows that the delivery date is expected to be 6-10 weeks. However, just three days after ordering, Mr. Dai received a message from Tesla saying, "affected by the global supply chain, the 19-inch wheels are affected this time, about four weeks later than originally expected." Mr. Dai was very angry. 6-10 weeks had been expected to be long enough, but now there is still an extension of 4 weeks, and it will soon be Chinese New year if we wait any longer.

Tesla also gave a plan to shorten the delivery cycle, that is, 19-inch wheels for 20-inch wheels, the need to make up the price difference of 8000 yuan, but there is a certain discount. However, Mr. Dai did not accept such a plan, so he planned to return the car, but the service center agreed to return Mr. Dai's car, but he could not get back the 1000 yuan he had paid before.

According to the contract, 1000 yuan refers to the first payment. If the customer cancels the order, 1000 yuan will not be refunded as liquidated damages, but Mr. Dai believes that it is not his own initiative to breach the contract, but Tesla delayed delivery. 1000 yuan should be refunded.

In response to this situation, Tesla Zhejiang market public relations official said that the pick-up date is the estimated time based on the situation when the customer placed the order, that is, the reference valuation, not the delivery time promised by Tesla, so the estimated time may be advanced or delayed.

With regard to the refund of 1000 yuan, the responsible person of Tesla said that 1000 yuan is the first payment, not a deposit. As the first down payment, after the customer pays the first payment, Tesla will approve the relevant materials needed for vehicle production. In addition, the person in charge also stressed that the first payment is neither refundable nor transferable, which is also stipulated in the contract.

In response to the incident, some lawyers said that although the agreement for 1000 yuan is in the form of advance payment, but from the interpretation of the bar, this 1000 yuan is the meaning of deposit. If consumers can come up with relevant evidence to prove that 4S stores or sales staff have cyclical commitments, then 4S stores delay delivery is a breach of contract in advance, consumers have the right to terminate the contract to get the deposit back.

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