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The man thought he had bought a Tesla X with free charge. Tesla didn’t mean that. The case is now resolved in court.
– This case should never have been the subject of a decision in the judicial system. It is not reliable that Tesla does not recognize its own obligations, says the owner of Tesla in a comment to Nettavisen. He does not wish to comment further on this.
In a recent ruling in the Oslo District Court, Tesla Norway AS lost a case in which they believed that the owner of a Tesla X did not have free car charging included.
The Tesla owner bought the used car. The car was a 2017 model and the ad stated emphatically that there was free supercharging in the car.
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Promised free
Before the sale on Finn.no, the seller had contacted a Tesla “Service Advisor” and received confirmation that the car in question was free of charge:
«You can hereby confirm that your Model X with (…) includes free supercharging“AND”That being said, all cars ordered before May 20, 2017 have retroactive free SuperCharging included. This also follows the car when changing ownership.»He had the Tesla representative write two different emails to the seller.
The car was purchased in March 2018. The new owner told the Oslo District Court that after a few months, the car required that he enter payment information. You haven’t received a bill for overcharging yet.
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Later, however, he realized that the payment records had not been waived and Tesla required him to register the bank card so that the bill could be paid. In December 2018, he contacted Tesla and was informed that his Tesla X was not registered with unlimited supercharging.
Tesla refused
Tesla then responded that the Tesla X ordered before May 20, 2017 had a free supercharger included, but that this only applied to the original owner and that this benefit could not be resold with the car.
«I honestly thought this was not the case. Unfortunately, there is nothing that can be changed considering which cars are eligible for free supercharging.Wrote the representative for Tesla. Tried to make up for the free cargo loss by offering free service inspections The Tesla owner disagreed.
The Tesla owner demanded that the free charge be included for both himself and future owners of the car, as promised before the sale. After a round at the conciliation council, the case ended in the Oslo District Court in December.
This was the opinion of the district court
The Oslo District Court concludes that the information provided by Tesla’s “Service Advisor” prior to the sale in May 2018 is binding on Tesla.
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The Oslo District Court writes: «The court emphasizes that Tesla, in general, cannot necessarily be held liable for Tesla owners incorrectly listing cars with information about the free charge accompanying the car in resale, if this is not the case. However, in a scenario such as the present, where a representative of Tesla has expressly confirmed and for the specific car this prior to a resale, the court believes that there is a basis for holding Tesla liable for losses that have arisen as a result of the adjustment. of the injured party after such information. »
Expensive fight
However, the legal dispute with Tesla became costly for the owner of Tesla. The lawyer’s costs amounted to more than 140,000 crowns. Because the amount of the dispute (the value of the free collection) was calculated at NOK 65,000, he could not claim to be covered more than NOK 13,000 in legal costs. The reason is that the Dispute Law sets a limit on what can be covered with legal costs, at 20 percent of the amount of the dispute.
Tesla does not want to comment on this matter directly, but Tesla’s senior communications manager, Even Sandvold Roland, says the following:
– We think it is sad to meet clients in court. Fortunately, it happens very rarely. The vast majority of Tesla customers in Norway are satisfied, as documented in the Norwegian Customer Barometer 2020, where Tesla with 4/5 stars was placed in the category of very satisfied customers.
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