AutoBeta(AutoBeta.net)10/06 Report--

Recently, the owner of the car, Mr. Dai, reported to the media that he paid 1000 yuan to order a Model Y at Tesla Service Center on Sept. 11 at a price of 284000 yuan. According to Tesla's official website, the delivery date is expected to be 6-10 weeks. However, just the third day after ordering the car, Mr. Dai received a text message from Tesla saying, "due to the influence of the global supply chain, the pick-up time of the vehicle needs to be about four weeks late." Mr. Dai said that it had been expected for 6-10 weeks for a long time, but now it has to be postponed for 4 weeks.

In this regard, Tesla also gave a plan to speed up the delivery cycle, that is, to change the standard 19-inch wheels for 20-inch wheels, but this plan requires an additional 8000 yuan, but Mr. Dai said he could not accept this plan and planned to return the vehicle. The service center agreed to Mr. Dai's return, but there was no way to refund the 1000 yuan previously paid. According to the contract provided by Mr. Dai, 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 said that this is not his own initiative to breach the contract, but the delay in delivery by Tesla. Tesla defaulted first, and the 1000 yuan paid should be refunded.

With regard to the situation reflected by Mr. Dai, Tesla, a public relations official in Zhejiang market, said that the pick-up date of the vehicle is based on the estimated time given when the customer placed the order, and it is only a reference valuation, not the delivery time promised by Tesla. The estimated time may be in advance but may also be delayed. For the non-refundable situation of 1000 yuan, the person in charge of Tesla said that 1000 yuan refers to the first payment paid by the customer, not the deposit. As the first down payment, after the customer pays this fee, Tesla will prepare the materials needed to match the relevant vehicle production. In addition, the first payment made by the customer is neither refundable nor transferable, which is also stipulated in the contract.

In view of this situation, some relevant lawyers said that although the agreement for 1000 yuan is in the form of advance payment, but from the legal interpretation, this 1000 yuan is the meaning of deposit. If consumers can come up with relevant evidence to prove that 4S stores or salespeople have periodic promises in the process of buying cars at that time, and can come up with corresponding evidence, then 4S stores do not deliver the car in accordance with the prescribed cycle is in advance of breach of contract, consumers have the right to terminate the contract to get the deposit back. With regard to this matter, we will continue to pay attention to the follow-up situation.

Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat