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Mr. Xu from Hangzhou ordered Model 3 at a Tesla experience store by replacing old cars. However, when the agreed time for picking up the car was up, Tesla delayed delivery. Mr. Xu wanted to return the car, but Tesla did not refund the first down payment, and if Mr. Xu failed to hand over his old car on schedule, he would have to pay liquidated damages.

According to Mr. Xu, in September, he wanted to buy a Model 3 at Tesla's pro-orange experience store. The price was 235900 yuan. The sales told Mr. Xu that he could replace his old car with a discount of 122000 yuan. When he came to the store to pick up the car, he would give it to the experience store. It is understood that Mr. Xu's used car was bought by Infiniti Q50 in 2014. Tesla asked a used car appraiser to evaluate the used car and signed a vehicle transfer agreement. According to the agreement, the depreciation price of Infiniti Q50 is 122000 yuan, and Tesla paid a deposit of 2000 yuan to Mr. Xu. On the same day, Mr. Xu also signed a new car purchase agreement and made a first payment of 1000 yuan (non-refundable). The other side promised to pick up the car in 4-6 weeks, that is, at the end of October. However, on October 21, Tesla suddenly changed the delivery time, delayed to 6-10 weeks, and there were no plans to deliver the car in October. Due to the chip problem, the delivery time can not be guaranteed.

Mr. Xu said that he had lost confidence in Tesla because he had to get a new car by the end of December. Tesla's delivery time was suddenly extended by four weeks, and the delivery time could not be guaranteed, making it impossible for Mr. Xu to get a new car on the premise of his marriage. I'm going to order a new car from other brands as a wedding car. To this end, Mr. Xu hoped to cancel the agreement between the two sides. Mr. Xu returned the deposit of 2000 yuan for the replacement of used cars, and Tesla returned the first payment of 1000 yuan.

However, Tesla said that at the time of the booking, it was stated that the deposit on the vehicle was non-refundable, and the delivery time given on the official website was for reference only, and the specific delivery date of the actual order for the vehicle would prevail. The return of the car belongs to Mr. Xu's breach of contract, and 1000 yuan is not a deposit, and the first payment is non-refundable. In addition, according to the vehicle transfer agreement, if Mr. Xu fails to transfer the ownership of the vehicle in breach of contract, Mr. Xu will pay 2,000 yuan in liquidated damages.

Mr. Xu could not understand that it was Tesla's own problems that delayed the delivery of the vehicle and delayed his plan to pick up the car. Tesla not only did not refund the relevant money, but asked Mr. Xu to pay liquidated damages. In this regard, Mr. Xu reflected the situation to 12345 and took other ways to continue to protect his rights.

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