Case Number:21-003013-CI
Filing #
129150563 E-Filed 06/21/2021 12:55:27 PM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.:
ANDY RUGHANI,
Plaintiff
V
TESLA MOTORS, INC.,
Defendant.
i
PLAINTIFF'S COMPLAINT AND PETITION TO APPEAL
DECISION OF LEMON LAW BOARD
AND WRITTEN DISCOVERY REQUESTS TO DEFENDANT
NOW COMES
Plaintiff,
ANDY
RUGHANI, by and through Plaintiff's attorneys,
KROHN & MOSS, LTD., and for Plaintiff's Complaint
against Defendant, TESLA MOTORS,
INC., and Plaintiff's Petition to Appeal the Decision of the Florida New Motor Vehicle Board in
the
case
of ANDY RUGHANI
v.
TESLA MOTORS, INC.,
2020-0369/STP, alleges
and
affirmatively states as follows:
PARTIES
1.
Plaintiff,
ANDY RUGHANI
("Plaintiff'), is
an
individual who have at all times
relevant hereto resided in the State of Florida.
2.
Defendant,
TESLA MOTORS, INC.
authorized to do business in the State of Florida and
is
engaged in the manufacture, sale,
("Defendant"),
a
foreign corporation
County where this action has been filed, and
and distributionof motor vehicles and related equipment and
services. Defendant is also in the business of marketing,supplying and
to the
is
selling written warranties
public.
***ELECTRONICALLYFILED 06/21/2021 12:55:24 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
PDF Page 3
JURISDICTION
This is
3
action
an
seeking damages
in
excess
of
$30,000, exclusive
of
attorneys'
fees and court costs.
BACKGROUND
On
4.
Model
S
about October 1, 2018, Plaintiff
Vehicle
("Model S"),
consideration.
The Model S
5.
or
(See
was
Identification No.
copy of Plaintiff's Purchase
2018 Tesla
a
5YJSA1E21JF242904, for valuable
Agreement,
attached hereto
Exhibit
as
Cc
A
tl
..,-
also manufacturedand warranted by Defendant.
The
price
of the Model S
excluding
collateral
document fees, service agreements, and bank and finance
6.
from Defendant
purchased
Plaintiff
Defendant, the Model S
avers
that
as
a
charges,
charges,
as
sales tax,
totaled $103,800.00.
result of the ineffective
cannot be utilized for
such
repair attempts
personal, family and household use
as
made
by
intended
by
Plaintiff at the time of acquisition.
7.
Defendant engaged in
an
aggressive advertising
to induce Plaintiff and other consumers to
8
Defendant
evidenced by the
is,
and
was
and
marketing campaign in
order
purchase its vehicles.
at all
times,
in
privity
of contract with Plaintiff
as
following:
a.
Defendant sold the Model S to Plaintiff.
b-
Defendant does not
use a
system of authorized dealers
to sell its
vehicles,
but
rather sells vehicles directly to the general public.
C
Defendant
displays its logo
on
the uniforms of authorized service personnel.
each of its
selling
and
servicing facilities
and
on
PDF Page 4
d-
Defendant made
repairs to
the Model S itself and made the final decision
as
to
whether or not repairs made to the vehicle were covered by Defendant's warranty.
Defendant
e.
invoices in
a
method
r
its
requires
employees
and agents to document
repairs
on
repair
prescribed by Defendant.
Defendant
provided
Plaintiff with Defendant's written warranty when
a
new
vehicle is sold.
9-
In consideration for the
to Plaintiff its written
purchase
of the Model
S, Defendant issued and supplied
warranty, which included four (4) years
or
fifty
thousand
bumper to bumper coverage, as well as other warranties as fully outlined in the
Car
Warranty booklet, including
unlimited miles.
10.
thereafter
and/or
(See
On
or
a
battery
and drive unit warranty of
copy ofthe Written Warranty, attached hereto
as
various defects listed below that
mile
Defendant's New
eight (8)
Exhibit
years and
"B").
about October 1, 2018, Plaintiff took possession of the Model S and
experienced the
safety of the
a
(50,000)
substantially impair the
shortly
use, value
Model S.
11.
Plaintiff deliveredthe Model S to Defendant on numerous occasions for repair.
12.
Plaintiff
occasions for the
13.
same
avers
that the Model S has been
subject
to
repair
on
at least three
(3)
defect, and that the defect remains uncorrected.
Plaintiff
brought
the
Model
S
to
Defendant
for
various
defects
and
nonconformities, including but not limited to:
a.
Defective climate control system as evidenced by the A/C
b.
Defective
having poor performance;
body/trim and/or electrical system as evidenced by a faulty left B pillar
camera, inoperable passenger seat heater, wind noises coming from the passenger
front door area, inoperable driver side interior map light, inoperable cameras on the
right side of vehicle, inoperable auto pilot, inoperable auto park and inoperable
summons feature; and
PDF Page 5
C
Any additional defects in the subject vehicle as reflected in the repair documents
generated in the repair records for the subject vehicle and Defendant's internal
records that were not provided to Plaintiff.
14.
Plaintiff provided Defendant sufficient
opportunitiesto repair the
15.
Defendant was unable and/or failed to
adequately repair the
Model S
as
The limited
repair
or
replacement remedy
failed of its essential purpose pursuant to F.S.A.
as
contained with Defendant's warranty
§ 672.719(2)
due to Defendant's failure to
Model S within areasonable time and per the express terms of Defendant's warranty.
17.
S
defects in Plaintiff's
provided in Defendant's warranty.
16.
repair the
Model S.
provided
Defendant was unable and/or failed to
in Defendant's warranty after
being
adequatelyrepair the
afforded
a
defects in the Model
reasonable
opportunity
to cure
pursuant to 15 U.S.C. § 2310(e).
18.
Plaintiffjustifiablylost confidence in the
said defects have
19.
substantiallyimpaired the value
Said defects could
not have
Model S's
safety and/or reliability, and
of the Model S to Plaintiff.
reasonably
been discovered
by
Plaintiff
prior
to
Plaintiff's acceptance ofthe Model S.
20.
As
a
result of these defects and Defendant's failure to
Plaintiff notified Defendant of the defects in
writing prior to filing this
revoked acceptance of the Model S in writing.
21.
at
22.
the same,
instant lawsuit and also
Gee Exhibit "D").
At the time of revocation, the Model S
delivery except for damage caused by its
timely repair
own
was
in
defects and
substantially the
same
condition
as
ordinary wear and tear.
Defendant refused Plaintiff's demand for revocation and has refused to
Plaintiff with the remedies to which Plaintiff is entitled upon revocation.
provide
PDF Page 6
23.
Plaintiff was
financially damaged due
to Defendant's failure to
comply
with the
provisions of its written warranties.
24.
Defendant's warranty booklet and
purchase contract contains a binding arbitration
provision that was not bargained for and is unconscionable due to the following reasons:
The
provision was not negotiated during the purchase of the subject vehicle;
o f the provision at the time o f purchase by
Defendant;
The provision is an adhesion contract contained within Defendant's warranty for
which Plaintiffwas not given the opportunity to negotiate;
The provision providesjudicial remedies to Defendant while depriving Plaintiffof
a)
b)
Plaintiff was not made aware
CI
d)
the same;
The
provision was inconspicuouslyybburied in Defendant's warranty booklet which
was not presented to Plaintiffuntilafter Plaintiff had executed the purchase
documents for the subject vehicle and the provision was also buried in the multipage Terms and Conditions accompanyingthe sale of the vehicle;
Defendant and Plaintiff, an individual consumer, do not have equal bargaining
power as Plaintiff does not have the ability to negotiate legal contracts with a car
e)
D
Defendant; and
g)
The arbitration provision violates Federal Trade Commission Rules which
prohibit forced binding arbitration of consumer warranty disputes.
COUNTI
BREACH OF WRITTEN WARRANTY
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
25.
Plaintiff re-alleges and
incorporates by
reference
as
though fully
set forth
herein,
paragraphs 1 -24 of this Complaint.
26.
Model S
Plaintiff is
during
a
purchaser of a
consumer
the duration of a written warranty
product,
the Model
period applicable to
entitled by the terms of the written warranty to enforce
against
S,
who received the
the Model S and who is
Defendant the
obligations
of said
warranty.
27.
Defendant is
directly available to
a
Plaintiff.
person
engaged
in the business of
making
a
consumer
product
PDF Page 7
The
28.
("Warranty Act")
sold and
Magnuson-Moss Warranty Act, Chapter
is
applicable to
Plaintiff's
Complaint in
purchased after July 4, 1975, and costs in excess
Plaintiff's
29.
purchase
of the Model S
warranty for any defects in material
connection with the
or
U.S.C.A., Section 2301,
that the Model S
accompanied by
was
repair
was
et. seq.
manufactured,
of ten dollars ($10.00).
workmanship, comprising
of the Model S to
purchase
15
or
an
a
written
undertaking in writing
defective parts,
replace
factory
or
in
take other
remedial action free of charge to Plaintiff with respect to the Model S in the event that the Model
S failed to meet the
specifications set forth in Defendant's warranty.
Defendant's warranty
30.
was
the basis of the
bargain
of the contract between the
Plaintiff and Defendant for the sale of the Model S to Plaintiff.
Said
31.
purchase
of Plaintiff's Model S
was
induced
by,
and Plaintiff relied upon,
Defendant's written warranty.
Plaintiff met all of Plaintiff's
32.
obligations
and
preconditions
as
provided
in
Defendant's writtenwarranties.
As
33.
a
direct and
proximate result
of Defendant's failure to
comply with its written
warranty, Plaintiff suffered damages and, in accordance with 15 U.S.C. § 2310(d)(1), Plaintiff is
entitled to
bring suit for such damages and other legal and equitable relief.
Plaintiff
34.
Warranty
Act claim
avers
herein,
that upon
all
successfully prevailing
attorneys'
fees
are
upon the
recoverable and
are
Magnuson-Moss
demanded
against
Defendant.
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
a.
Diminution in value of the
vehicle,
and incurred and/or needed costs of
repair;
b.
All incidental and
consequential damages incurred;
PDF Page 8
Reasonable attorneys'
C
incurred;
d.
fees, witness
fees and all court costs and other fees
and
An order of the Court in its
properly
equitable capacity directing Defendant to
completely repair any outstanding defects in the vehicle and
and further relief that the Court deems just and appropriate.
and
such other
COUNT II
REVOCATION OF ACCEPTANCE PURSUANT TO SECTION 2310(dj
OF THE MAGNUSON-MOSS WARRANTY ACT
35.
Plaintiff re-alleges and
incorporatesby reference as though fully set forth herein,
paragraphs 1 -24 of this Complaint.
36.
As described in paragraph 8 of Plaintiff's Complaint, Defendant is in
privity of
contract with Plaintiff.
37.
after
Due to Defendant's failure to
repair the Model S
being afforded a reasonable opportunity to
Plaintiff's Complaint, Defendant's remedy to
Plaintiffto recover any
38.
after
cure as
described in
repair has
a
reasonable time and/or
paragraphs 11-17 of
failed of its essential purpose
allowing
remedy as allowed by law or equity.
Due to Defendant's failure to
repair the Model S
being afforded a reasonable opportunity to
cure as
acceptance of the Model S and
within
described in
Plaintiff's Complaint, the value of the Model S has been
to revoke
within
a
reasonable time and/or
paragraphs
11-17 of
substantially impaired allowing Plaintiff
to seek the full return of all funds paid toward the
vehicle.
WHEREFORE, Plaintiffprays for judgment against Defendant as follows:
a.
Revocation of acceptance of the vehicle in accordance with 15 U.S.C.
2310(d) and/or Fla. Stat § 672.608 and return of all monies paid;
b.
All incidental and
C
Reasonable attorneys'
incurred;
d.
consequential damages incurred;
fees, witness fees and all court
§
costs and other fees
and
All other and further relief that the Court deems just and
appropriate.
COUNT III
VIOLATION OF MOTOR VEHICLE WARRANTY ENFORCEMENT ACT/
PDF Page 9
PETITION TO APPEAL DECISION OF THE LEMON LAW ARBITRATION BOARD
*Vnl A TRIAL DE NOVO
PRAYER FOR REFUND OR REPLACEMENT
Plaintiff re-alleges and
39.
herein, paragraphs 1 -24
ofthis
incorporatesby reference as though fully set forth
Complaint and
Petition for Trial De Novo.
40.
The Lemon Law Arbitration Hearing in this matter took place
41.
After the arbitration
hearing, the panel
on
May 27,2021.
found in favor of Defendant
CA
copy of
the panel's decision is attached as Exhibit "rh
E
..).
The Arbitration Board's
42.
provided
Defendant with
adequate notice,
sufficient evidence that the
constituted
a
findings
subject
a
vehicle
reasonable
Plaintiff is
44.
Defendant is
45.
Plaintiff's Model S is
46.
Plaintiff took
47.
The defective Model S had been
a
"Consumer"
a
as
in
error
presented
alleged
defects
safety of the vehicle.
by Fla.
§ 681.102(4).
Stat
§ 681.102(14).
on or
§ 681.102(15).
about October 1,2018.
subject to repair by
Defendant at least three
delivery, and said nonconformitycontinues to
Defendant has been
Plaintiff
as
and
to cure,
"Motor vehicle" as defined by Fla. Stat
delivery of the Model S
times in the first two years since
opportunity
defined by Fla. Stat
"Defendant" as defined
a
were
defective and/or that the
was
substantial impairment to the use, value or
43.
48.
and conclusion
given a reasonable number o f attempts to
(3)
exist
conform the Model
S to its written warranties.
49.
defects
on
Defendant received
behalf of Plaintiff
on or
prior
direct written notification of the above-mentioned
about
August 7,2020. (See
Notificationand Confirmation of Rece*t, attached hereto
as
copy of Motor Vehicle Defect
Exhibit
CC-r,
U
..,-
PDF Page 10
50.
Defendant is unable to conform the Model S to any of its
written
applicable
warranties.
51.
As
a
result of said
nonconformities, Plaintiffiswithout the reasonable value of the
As
a
result of said
nonconformities, Plaintiff has suffered and continues to suffer
Model S.
52.
various
damages, which entitle
to Fla. Stat.
Plaintiff to
a
refund
or
replacement at
Plaintiff's option pursuant
§ 681.104(2).
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
a.
Refund
b.
All incidental and collateral
or
replacement
of the
subject
vehicle pursuant to Fla. Stat
§
681.104(2);
vehicle
including,
installed items
or
charges associated with the acquisition of the
but not limited to all Defendant-installed
service
charges,
earned finance
charges,
or
agent-
sales taxes, and
title charges;
Reasonable attorneys'
C
fees, witness
fees and all court costs and other fees
incurred; and
d-
Such other and further reliefthat the Court deems just and
appropriate.
COUNT IV
VIOLATION OF MOTOR VEHICLE WARRANTY ENFORCEMENT ACT/
PRAYER FOR PECUNIARY LOSS AS ALTERNATIVE TO COUNT III
53.
Plaintiff re-alleges and
incorporatesby reference as though fully set forth
herein, paragraphs 1 -24 and 42 ofthis Complaint and Petition for
Trial De Novo.
54.
The Lemon Law Arbitration Hearing in this matter took
55.
After the arbitration
hearing,
the
panel
place on May 27,2021.
found in favor of Defendant
CA
copy of
the panel's decision is attached as Exhibit "rh
E
..).
56.
were
in
While Plaintiff contends that the Arbitration Board's
error as
findings
and conclusion
described in paragraph 42 and that Plaintiff is entitled to the broadest
relief under the Florida Lemon Law,
even
if the defects at issues do not
measure
substantially impair
of
the
PDF Page 11
use,
value,
and
safety of the vehicle, Plaintiff may still recover damages in the
form of Plaintiff's
pecuniary losses even if a refund or replacement are not available.
57.
Plaintiff is
58.
Defendant is
59.
Plaintiff's Model S is
60.
Plaintiff took
61.
The defective Model S had been
a
"Consumer"
a
defined by Fla. Stat
"Defendant" as defined
a
by Fla.
§ 681.102(4).
Stat
§ 681.102(14).
"Motor vehicle" as defined by Fla. Stat
delivery of the Model S
times in the first two years since
62.
as
about October
on or
subject
to
repair by
§ 681.102(15).
1,2018.
Defendant at least three
delivery, and said nonconformitycontinues to
Defendant has been
given a reasonable number o f attempts to
(3)
exist
conform the Model
S to its written warranties.
63.
defects
on
Defendant received
behalf of Plaintiff
on or
prior
direct written notification of the above-mentioned
about
August 7,2020. (See
Notificationand Confirmation of Receipt, attached hereto
64.
as
copy of Motor Vehicle Defect
Exhibit
CCT-,
U
..,-
Defendant is unable to conform the Model S to any of its
applicable
written
warranties.
65.
Pursuant to Fla. Stat.
§ 681.112, Plaintiff suffered pecuniary and
result of Defendant's violation of the Florida Lemon Law,
overpayment for the vehicle due
as a
but not limited to:
to its non-conformities which has reduced the value of the
vehicle, incidental and consequential charges
or
accessories incurred during
in
inspection, receipt, transportation, and
or
including
other losses
after the
associated with any
purchase
care
and
of the
fees, interest or
subject vehicle,
and
other
charges,
damages incurred
custody of the vehicle.
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
a.
Recovery
681.112;
of any and all
pecuniary losses
as
allowable under Fla. Stat
§
PDF Page 12
b.
Reasonable attorneys'
incurred;
C
fees, witness
fees and all court costs and other fees
and
Such other and further relief that the Court deems just and
PLAINTIFF DEMANDS A TRIAL BY JURY
Respectfully Submitted,
By:
X,x4iii??
Ryan Patrick
Krohn &
Moss, Ltd
St, 3rd Floor
10 N Dearborn
Chicago, IL 60602
(312) 578-9428
e-mail:
Attorney for
Plaintiff
FBN: 0041837
appropriate.
Contents
General Warranty
Who is the
What Vehicles
2
..2
are
Covered..
..2
Multiple Warranty Conditions.
.2
Limitationsand
..2
Arbitrationof Disputes (U.S. Only)...
Your Rights Under Local Law..
..3
.3
Ownership Transfer..
..3
Who Can Enforce this New Vehicle Limited Warranty..
..3
When Does the
..3
Warranty Period Begin and End..
Warranty Coverage
4
Basic Vehicle Limited
.4
Warranty..
Supplemental Restraint System Limited Warranty...
.4
Battery and Drive Unit Limited Warranty..
..4
Exclusions and
Warranty Limitations...
..6
Additional Limitationsand Exclusions...
.6
Voided Warranty...
.7
Damages...
.J
Obtaining Warranty
9
Payment of Tax for Repairs..
ReasonableTime for Repairs..
..9
RoadsideAssistance....
..9
Modifications and Waivers..
.9
.9
Warranty Enforcement Laws and Dispute
Dispute Resolution (Canada Only)..
Dispute Resolution (U.S.
Optional Dispute Resolution Through the National Center for Dispute Settlement (NCDS)
(U.S. Only)..
Agreement to Binding Arbitration (U.S. Only)...
.11
.11
..12
..12
PDF Page 27
T
General Warranty Provisions
Tesla, Inc. ("Tesla") will provide repairs to the vehicle during the applicable warranty period in
accordancewith the terms, conditions and limitations defined in this New Vehicle Limited
Warranty.
Who is the Warrantor?
Vehicles
registered in the U.S.:
Tesla, Inc.
Attention: New Vehicle Limited
Warranty
RO. Box 15430
Fremont, CA 94539
Phone number: 1-877-79-TESLA(1-877-798-3752)
Vehicles registered in Canada:
Tesla Motors Canada ULC
1325 Lawrence Ave East
Toronto, ON M3A 1C6
Attention: Vehicle Service
Phone number: 1-877-79-TESLA(1-877-798-3752)
What Vehicles
are
Covered?
This New Vehicle Limited
Warranty Region. For
Warranty applies to vehicles sold by Tesla in the North America
Warranty,the Tesla North America
purposes of this New Vehicle Limited
is defined as all 50 states of the United States of America, the District of
Columbia, and all 13 provincesand territoriesof Canada, provided that you must return to the
North America Warranty Region in order to receive warranty service. Any subsequent purchasers
or transferees must return to the North America Warranty Region in order to obtain warranty
service regardless of the country in which such purchaser or transferee may have purchased the
Warranty Region
vehicle.
Multiple Warranty Conditions
This New Vehicle Limited
Warranty contains warranty terms and conditions that may vary
depending on the part or system covered. A warranty for specific parts or systems is governed by
the coverage set forth in that warranty section as well as other provisions in this New Vehicle
Limited Warranty.
Limitations and Disclaimers
THIS NEW VEHICLE LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN
CONNECTION WITH YOUR TESLA VEHICLE.
Implied and express warranties and conditions
arising under applicable state or provincial laws or federal statute or otherwise in law or in equity,
if any, including, but not limited to, implied warranties and conditions of merchantability or
merchantable
eq
quality, fitness for a particular purpose, durability,or those arising by a course of
dealing
or
usage of trade,
are
disclaimedto the fullest extent allowable by law, or limited in
Warranty Some states or provincesdo not allow
duration to the term of this New Vehicle Limited
limitations
lasts,
The
so
on
implied warranties
or
and/or how long
apply to you.
conditions
the above limitations may not
performance of necessary repairs and parts
under this New Vehicle Limited Warranty or any
an
implied warranty or condition
replacement by Tesla is the exclusive remedy
implied warranties.Tesla does not authorize any
person or entity to create for it any other obligations or liability in connection with this New
Vehicle Limited Warranty The decision of whether to repair or replace a part or to use a new,
reconditioned, or remanufactured part will be made by Tesla, in its sole discretion.
2
PDF Page 28
General Warranty Provisions
Arbitration of
Disputes (U.S. Only)
Any dispute, claim or controversy between you and Tesla arising out of, or related to, this New
Vehicle Limited Warranty is subject to binding arbitration on an individual basis in accordance
with the terms of the Agreement to Arbitrate in your Vehicle Order Agreement and reproduced in
the section Warranty Enforcement Laws and Dispute Resolution on page 11 of this New Vehicle
Limited Warranty.
Your
Rights Under
Local Law
This New Vehicle Limited Warranty gives you
that vary by state or province.
specific legal rights. You
may also have other
rights
Ownership Transfer
This New Vehicle Limited Warranty is transferable at
no cost to any person(s)who subsequently
lawfully assume(s) ownership of the vehicle after the first retail purchaser within the
described limitations of this New Vehicle Limited Warranty("subsequent purchaser").
and
Who Can Enforce this New Vehicle Limited
The first retail
subsequentpurchaser, of
Warranty?
vehicle sold in the Tesla North
purchaser,
Warranty Region, titled or registered in the name of the first retail purchaser, or
subsequent purchaser, according to the laws of the 50 states of the United States of America, the
District of Columbia, or Canada, can enforce this New Vehicle Limited Warranty subject to the
terms of this New Vehicle Limited Warranty.
or
a new
America
When Does the
Warranty Period Begin and End?
This New Vehicle Limited Warranty begins
on the first day a new vehicle is delivered by Tesla to
corporate purchaser(s), and provides coverage for the period based on the
specified warranty as described in the Warranty Coverage section of this New Vehicle Limited
Warranty. Parts repaired or replaced, including replacement of the vehicle, under this New Vehicle
Limited Warranty are covered only until the applicable warranty period of this New Vehicle
Limited Warranty ends, or as otherwise provided by applicable law.
the first retail
or
General Warranty Provisions
3
PDF Page 29
T
Warranty Coverage
This New Vehicle Limited
Warranty includes the Basic Vehicle Limited Warranty,the Supplemental
Battery and Drive Unit Limited Warranty, each
Restraint System ("SRS") Limited Warranty, and the
as described below.
Without prejudice to any other consumer's rights provided by law, the exclusive remedy available
to you under this New Vehicle Limited Warranty is the repair or replacement of new or remanufacturedparts
by Tesla for the covered defects. Subject to the exclusions and limitations
described in this New Vehicle Limited Warranty, such repairor parts replacement will be
performed without cost to you by Tesla when Tesla is notified of the covered defect within the
applicable warranty period. Repairs will be performed using new, reconditioned, or remanufacturedparts at the sole discretionof Tesla. All replaced parts or other components are the
exclusive property of Tesla unless otherwise provided under applicable law.
Basic Vehicle Limited
Warranty
Subject to separate coverage for certain parts and the exclusions and limitations described in this
New Vehicle Limited Warranty, the Basic Vehicle Limited Warranty covers the repair or
replacement necessary to correct defects in the materials or workmanship of any parts
manufacturedor supplied by Tesla that occur under normal use for a period of 4 years or 50,000
miles (80,000 km), whichever
Supplemental
comes
first.
Restraint System Limited
Warranty
Subject to the exclusions and limitations described in this New Vehicle Limited Warranty,the SRS
Limited Warranty covers the repair or replacement necessary to correct defects in the materials or
workmanship of the vehicle's seat belts or air bag system manufacturedor supplied by Tesla that
occur under normal use for a period of 5 years or 60,000 miles (100,000 km), whichever comes
first.
Battery and Drive Unit Limited Warranty
The Tesla lithium-ion
battery (the "Battery") and Drive Unit are extremely sophisticated powertrain
to withstand extreme driving conditions.You can rest easy knowing that
components designed
Tesla's state-of-the-art
tB
Battery and Drive Unit
are backed by this Battery and Drive Unit Limited
Warranty, which covers the repair or replacement of any malfunctioningor defective Battery or
Drive Unit, subject to the limitations described below.
If your Battery or Drive Unit requires warranty repair, Tesla will repair the unit,
or remanufactured part at the sole discretionof Tesla. The
do
new, reconditioned
replace it with a
warranty
replacement may not restore the vehicle to a "like new" condition, but when replacing a Battery,
Tesla will ensure that the energy capacity of the replacement Battery is at least equal to that of
the original Battery before the failure occurred while taking into consideration other factors,
including the age and mileage of the vehicle.
or
To
provide you with even more assurance, this Battery and Drive Unit Limited Warranty will also
damage to your vehicle from a Battery fire even if it is the result of driver error. (Coverage
will not extend to damage that had already been sustainedbefore a Batteryfire occurred, or to
any damage if the Battery fire occurred after your vehicle had already been totaled.)
cover
Your vehicle's
Warranty for
·
a
Battery and Drive Unit
period of:
comes
Battery and Drive Unit Limited
first).
Model 3 with Standard
whichever
period.
4
covered under this
Model S and Model X-8 years (with the exception of the original 60 kWh battery
manufacturedbefore 2015 that is covered for a period of 8 years or 125,000 miles/200,000
km, whichever
.
are
comes
or Mid-Range Battery
8 years or 100,000 miles (160,000 km),
first, with minimum 70% retention of Battery capacity* over the warranty
-
PDF Page 30
Warranty Coverage
.
Model 3 with Long Range Battery 8 years or 120,000 miles (192,000 km), whichever
first, with minimum 70% retention of Batterycapacity* over the warranty period.
-
comes
*For warranty claims
specific to Batterycapacity, the replacement Battery will be in a condition
appropriateto the age and mileage of the vehicle sufficient to achieve or exceed the minimum
Batterycapacity for the remainder of the warranty period of the original Battery. Note that the
vehicle's range estimates are an imperfect measure of Batterycapacity because they are affected
by additionalfactors separate from Batterycapacity.The measurementmethod used to determine
or
do
Batterycapacity, and the decision of whether to repair, replace, or provide reconditioned
or remanufactured
remanufactured parts, and the condition of any such replaced, reconditioned
do
parts, are at the sole discretionof Tesla.
Despite the breadth of this warranty, damage resulting from intentional actions (including
intentionally abusing or destroyingyour vehicle or ignoring active vehicle warnings or service
notifications),a collision or accident (excluding from Battery fires as specified above), or the
servicing or opening of the Battery or Drive Unit by non-Teslaor non-certified personnel, is not
covered under this Battery and Drive Unit Limited Warranty.
In addition,the Drive Unit is subject to the exclusions and limitations described in this New Vehicle
Limited Warranty. Damage to the Batteryresulting from the following activities is also not covered
under this
.
.
.
Battery and Drive Unit LimitedWarranty:
Damaging the Battery, or intentionally attempting, either by physical means, programming, or
other methods, to extend (other than as specified in your owner documentation)or reduce
the life of the Battery;
Exposing the Battery to direct flame (excluding from Battery fires as specified above); or
Flooding the Battery.
The
Battery, like all lithium-ion batteries, will experience gradual energy or power loss with time
Loss of Battery energy or power over time or due to or resulting from Battery usage is
NOT covered under this Battery and Drive Unit Limited Warranty, except to the extent specified in
this Battery and Drive Unit Limited Warranty. See your owner documentationfor important
and
use.
information
Warranty Coverage
on
how to maximize the life and
capacity
of the
Battery.
5
PDF Page 31
Exclusions and Limitations
Warranty Limitations
This New Vehicle Limited Warranty does not cover any vehicle damage or malfunction directly
indirectly caused by, due to or resulting from normal wear or deterioration, abuse, misuse,
negligence, accident, improper maintenance, operation, storage or transport, including, but
limited to, any of the following:
.
.
not
Failure to take the vehicle to, or make repairs or service recommended by, a Tesla Service
Center or Tesla authorized repair facility upon discovery of a defect covered by this New
Vehicle Limited
.
or
Warranty;
Accidents.collisions,
or
objects striking the vehicle;
Any repair, alteration
or
modification of the vehicle that was made
installationor
use
of fluids, parts
or
accessories, made by
a
person
or the
inappropriately,
,o
or facility not authorized or
certified to do so;
.
.
Improper repair or maintenance, including use of fluids, parts or accessories other than those
specified in your owner documentation;
Any damage to your vehicle's hardware or software, or any loss or harm to any personal
information/data
au
uploaded to your vehicle resulting from unauthorized access to vehicle data
or software from any source, including non-Tesla parts or accessories, 3rd party applications,
viruses, bugs, malware, or any other form of interference or cyber attack;
.
.
.
.
.
.
Towing the vehicle;
Improper winch procedures;
Theft, vandalism,
or
riot;
Fire, explosion, earthquake,windstorm, lightning, hail, flood,
or
Driving over uneven, rough, damaged or hazardous surfaces,including but not limited to,
curbs, potholes, unfinished roads, debris, or other obstacles, or in competition, racing or
autocross or for any other purposes for which the vehicle is not
.
.
.
deep water;
Driving off-road (applies only to Model S and Model 3);
Overloading
designed;
the vehicle;
Using the vehicle as
a
The environmentor
an
stationary power source; and
act of God, including, but not limited to, exposure to sunlight, airborne
chemicals, tree sap, animal or insect droppings, road debris (including stone chips), industry
fallout, rail dust, salt, hail, floods, wind storms, acid rain, fire, water, contamination,lightning
and other environmental conditions.
Additional Limitations and Exclusions
In addition to the above exclusions and limitations,this New Vehicle Limited Warranty does NOT
cover:
.
Any corrosion
.
or
paint defects including, but
not limited to, the
causing perforation (holes) in body panels
.
Surface or cosmetic corrosion
outside in, such
.
.
6
following:
Corrosion from defects in non-Teslamanufacturedor supplied materials or
as
stone
chips
or
causing perforation in body panels
or
workmanship
the chassis from the inside out;
or
the chassis from the
scratches;
Corrosion and
paint defects caused by, due to, or resulting from accidents, paint
matching, abuse, neglect,improper maintenanceor operation of the vehicle, installationof
an accessory, exposure to chemical substances, or damages resulting from an act of God
or nature, fire, or improper storage;
Non-genuine Tesla parts or accessories or their installation, or any damage directly or
indirectly caused by, due to, or resulting from, the installationor use of non-genuine Tesla
parts or accessories;
PDF Page 32
Exclusions and Limitations
.
.
Parts, accessories and charging equipment that were not included in the purchase of the
vehicle; these items have their own warranties and are subject to their own terms and
conditions,which will be provided to you as applicable;
Tires, which have their own warranties and
which will be
.
Windshield
result of
or
a
window
provided to
or
window
you
as
are
subject to their own terms and conditions,
applicable;
glass that is broken, chipped, scratched,
defect in material or workmanship of
a
or
General appearance or normal noise and vibration,
including,but
general knocks, creaks, rattles, and wind and road vibration; and
.
Maintenance services,
.
.
Wheel
as a
glass;
.
.
cracked, other than
Tesla manufacturedor supplied windshield
alignment
Appearance
care
including, but
or
not limited to, the
not limited to, brake
squeal,
following:
balancing;
(such as cleaning and polishing); and
Expendable maintenanceitems (such
etc.).
as
wiper blades/inserts,brake pads/Iinings,filters,
Voided Warranty
You
are responsible for the proper operation of the vehicle and for receiving and maintaining
detailed and accurate records of your vehicle's maintenance, including the 17-digit Vehicle
Identification Number ("VIN"),
servicing center name and address, mileage, date of service or
description of service or maintenanceitems, which should be transferred to
each subsequent purchaser. You may void this New Vehicle Limited Warranty if you do not follow
the specific instructions and recommendations regarding the use and operation of the vehicle
provided in your owner documentation, including, but not limited to:
maintenanceand
.
.
.
.
Installingthe vehicle's software updates after notification that there is
an
update available;
Complying with any recall advisories;
Carrying passengers and cargo within specified load limits; and
Making all repairs.
Although Tesla does not require you to perform all service or repairs at a Tesla ServiceCenter or
Tesla authorized repair facility, this New Vehicle Limited Warranty may be voided or coverage may
be excluded due to improper maintenance, service or repairs. Tesla Service Centers and Tesla
authorized repair facilities have special training, expertise, tools and supplies with respect to your
vehicle and, in certain cases, may employ the only persons or be the only facilities authorizedor
certified to work on certain parts of your vehicle. Tesla strongly recommends that all maintenance,
service and repairs be done at a Tesla Service Center or Tesla authorized repair facility in order to
avoid voiding, or having coverage excluded under, this New Vehicle Limited Warranty.
The
.
following will also void this New Vehicle Limited Warranty:
Vehicles that have had the VIN defaced
or altered or the odometer or other related system
disconnected,altered or rendered inoperative so that it is difficult to determine the VIN
number oractual
.
.
mileage;
Vehicles that have been designated, labeled
or branded as dismantled, fire-damaged,flooddamaged,junk, rebuilt, salvage, reconstructed, irreparableor a total loss; and
Vehicles that have been determinedto be
a
total loss
by
an
insurance company.
Damages
Tesla
hereby disclaims any and all indirect,incidental, special and consequentialdamages arising
or relating to your vehicle, including, but not limited to, transportation to and from a Tesla
Service Center, loss of vehicle value, loss of time, loss of income, loss of use, loss of personal or
commercial property, inconvenience or aggravation, emotional distress or harm, commercialloss
(including but not limited to lost profits or earnings),towing charges, bus fares, vehicle rental,
out of
Exclusions and Limitations
7
PDF Page 33
Exclusions and Limitations
service call charges,
gasoline expenses, lodging expenses, damage to tow vehicle, and incidental
charges such as telephone calls, facsimile transmissions, and mailing expenses.
Tesla shall not be liable for any direct
the vehicle at the time of the claim.
damages in
an
amount that exceeds the fair market value of
The above limitations and exclusions shall apply whether your claim is in contract, tort (including
negligence and gross negligence), breach of warranty or condition, misrepresentation(whether
negligent
or
otherwise)
or
otherwise at law
or
in
equity,
even
if Tesla is advised of the
possibility
of such damages or such damages are reasonably foreseeable. In jurisdictions that do not allow
the exclusion or limitation of indirect,direct, special, incidental or consequentialdamages, the
above limitations
8
or
exclusions may not
apply
to you.
PDF Page 34
Obtaining Warranty Service
To obtain
warranty service, you must notify Tesla within the applicable warranty period, and
deliver the vehicle, at your expense (except where Tesla is obligated to undertake towing), during
regular business hours to a Tesla Service Center of your choice. The location of the nearest Tesla
Service Center may be obtained by visiting www.tesla.comif you are in the U.S. or Canada. The
location of Tesla Service Centers is subject to change at any time. The updated list of service
centers is and will remain
published at www.tesla.com.
When you contact Tesla, please be prepared to provide the Vehicle Identification Number (VIN),
current mileage, and a description of the defect.The VIN, located on the upper dashboard on the
driver's side of the vehicle, is visible through the windshield. It is also availableon the vehicle
registration and title documentation.
In the event of a change of your address, please contact Tesla at the address or phone number
specified in the Who is the Warrantor? section of this New Vehicle Limited Warranty.
Payment of Tax for Repairs
Some jurisdictions and/or local governments may require that tax be collected on warranty
repairs. Where applicable law allows, you are responsible for payment of these taxes.
Reasonable Time for Repairs
You must allow Tesla
a
reasonable time for
completion of repairs and/or service,
as
estimated and
communicatedto
communicated
dt you in writing by Tesla. Upon notification by Tesla of the completion of the
vehicle repairs and/or service, you are responsible for immediately picking up the vehicle, at your
own
expense.
Roadside Assistance
Tesla RoadsideAssistanceis
is
a
service intended to minimize inconvenience when your Tesla vehicle
you 24/7 by calling 877-798-3752. For vehicle
inoperable. This service is availableto
malfunctionsdue to warrantable issues, transportation services,
provided by Roadside Assistance,
covered by Tesla for the first 500 miles (800 km) to the nearest Tesla Service Center. You are
responsible for transportation costs beyond 500 miles (800 km) or any additional transportation
are
from such locations to any additional location. The vehicle must be covered by a Tesla New
Vehicle, Used Vehicle, or Used Vehicle Extended Limited Warranty and located in the North
America
requested; however, Roadside Assistance is a
provided under a Tesla New Vehicle, Used Vehicle, or Used Vehicle
Extended Limited Warranty. Flat tires are not covered under warranty; however Tesla will cover the
cost of a tow, provided by Roadside Assistance, for the first 50 miles (80 km) to the nearest Tesla
Service Center, while the vehicle is covered by a Tesla New Vehicle, Used Vehicle, or Used Vehicle
Extended Limited Warranty The cost of towing for a flat tire beyond 50 miles (80 km) and the
cost of the replacement tire(s) are at your expense. Please refer to our RoadsideAssistance policy
Region
at the time Roadside Assistanceis
separate service and is
not
for full details and disclosures.
Modificationsand Waivers
No person
or entity, including,but not limited to, a Tesla employee or authorized representative,
modify or waive any part of this New Vehicle Limited Warranty.Tesla may occasionally offer
to pay a portion or all of the cost of certain repairs that are no longer covered by this New Vehicle
Limited Warranty for specific vehicle models, which some states may refer to as "adjustment
programs." In such circumstances,Tesla will notify all known registered owners of affected
vehicles. You may also inquire to Tesla directly regardingthe applicability of such programs, if any,
to your vehicle. Tesla may also occasionally offer to pay a portion or all of the cost of certain
vehicle repairs that are no longer covered by this New Vehicle Limited Warranty on an ad hoc
case-by-case basis. Tesla reserves the right to do the above and to make changes to vehicles
or sold by Tesla and the applicable warranties, at any time, without incurring any
manufactured
do
obligation to make the same or similar payment or changes for vehicles Tesla previously
can
Obtaining Warranty Service
9
PDF Page 35
T
Obtaining Warranty Service
manufacturedor sold, or
applicable warranties including this New Vehicle Limited Warranty.
Nothing herein shall imply that any Tesla vehicle is free of defects.
10
PDF Page 36
Warranty Enforcement Laws and Dispute
Resolution
In the U.S., the Magnuson-Moss
Act is the federal law which governs this New Vehicle
Magnuson-MossWarranty
sW
Limited Warranty. Many jurisdictions have laws, commonly called "Lemon Laws," that provide you
with certain
rights if you have problems with your new vehicle. These laws vary depending on the
territory. Your new vehicle and its safety items comply with applicable provincial
state, province or
and territorial motor vehicle laws.
To the fullest extent allowed by the law of your jurisdiction,Tesla requires that you first provide
Tesla, during the applicable warranty period specified in this New Vehicle Limited Warranty, with
written notification of any defects you have experienced within a reasonable time to allow Tesla an
opportunity to make any needed repairs before you pursue any remedy under these laws.
Please send your written notification to:
Vehicles
registered in the U.S.:
Tesla, Inc.
Attention: New Vehicle Limited Warranty
RO. Box 15430
Fremont, CA 94539
Phone number: 1-877-79-TESLA(1-877-798-3752)
Vehicles registered in Canada:
Tesla Motors Canada ULC
1325 Lawrence Ave East
Toronto, ON M3A 1C6
Attention:Vehicle Service
Phone number: 1-877-79-TESLA(1-877-798-3752)
Please include the
.
·
.
.
.
.
Your
name
following information:
and contact information;
VIN;
Name and location of the Tesla Store
and/or Tesla Service
Center nearest you;
Current mileage;
Description of the defect; and,
History of the attempts you have made with a Tesla Store or a Tesla representative to resolve
the concern, or of any repairs or services that were not performed by a Tesla Service Center or
Tesla authorized repair facility.
Dispute Resolution (Canada Only)
The
description provided in the following sections summarize the dispute settlement program
applies to U.S. customers only. Customers with vehicles registered in
Canada will be referred by NCDS to the Canadian Motor Vehicle Arbitration Program ("CAMVAP")
and subject to CAMVAP procedures and remedies,which differ from those described in the
following section.The dispute settlement program may be changed at any time without prior
notice. Contact NCDS at the below listed address or phone number for the most current
information concerning the disputesettlement program.
administered by NCDS and
Dispute Resolution (U.S. Only)
In the event any disputes, differences or controversies arise between you and Tesla related to this
New Vehicle Limited Warranty, Tesla will explore all possibilitiesfor an amicable settlement. In
case an
amicable settlement is not reached, Tesla offers
two steps.
a
dispute settlement program that
proceeds in
First, if you choose, you may submit your dispute to an optional disputesettlement program
through the National Center for Dispute Settlement ("NCDS").
Warranty Enforcement Laws
and
Dispute Resolution
11
PDF Page 37
T
Warranty Enforcement Laws and Dispute
Resolution
Second, if you prefer not to submit your dispute to the NCDS,
or if you are not satisfied with the
agree to resolve your dispute with Tesla through binding
small claims court under the terms of the Agreement to Binding Arbitrationthat
outcome of the NCDS
arbitration
or
procedure,you
appears below.
Optional Dispute Resolution Through the National Center for Dispute
Only)
Settlement (NCDS) (U.S.
In the event that
an
settlement program
amicable settlement is not reached, Tesla offers
an
optional dispute
through:
NATIONAL CENTER FOR DISPUTE SETTLEMENT ("NCDS")
RO. Box 526
Mt. Clemens, MI 48046
1-866-629-3204
This
dispute settlement program administered by NCDS is free of charge to you and is conducted
by local NCDS professionals who are trained and experienced in mediation and arbitration.
NCDS resolves disputes involving this New Vehicle Limited Warranty which arise during the
applicable warranty period specified in this New Vehicle Limited Warranty. However, NCDS will not
arbitrate claims involving a vehicle used primarilyfor commercial purposes unless the "Lemon
Law" of your state covers (1) vehicles used for commercial purposes, or (2) claims that an air bag
failed to deploy or deployed when it should not have. You must file a request for arbitration with
NCDS within 60 days (or 6 months in certain jurisdictions) of the expiration of the applicable
warranty period, provided you sent written notice to Tesla, as specified above, of the alleged
defect during the applicable warranty period.
To initiate arbitration, you must contact NCDS at 1-866-629-3204or P.O. Box 526, Mt. Clemens, MI
48046, and complete an NCDS customer claim form and mail it to NCDS. Please also provide a
copy of your written notification sent to Tesla and/or all information required in such notification
specified above, your desired resolution, and all receipts if requestingreimbursement. Upon
receipt of your request, NCDS will contact you regardingthe status of your case and provide you
with additional details about the program.
NCDS may only resolve disputes between you and Tesla on an individual basis. In other words, you
may initiate an arbitration against Tesla through NCDS only in your individual capacity and not as
a plaintiff or class member in any class or representative action.
When NCDS receives your request, it will be forwarded to Tesla for response. After analyzing all
information pertaining to your case, NCDS will schedule a technical evaluation if applicable.If you
request it,
an
oral hearing will be held prior to a decision being rendered.At this hearing, all
considering all testimony and documents, the arbitrator will review
evidence is admissible. After
the
to all parties
applicable legal standards and render a decision.A settlement satisfactory
yt
be negotiated at any time, including prior to
or
may
after the arbitrator's decision.
NCDS's decision is binding on Tesla but not on you. If you accept NCDS's decision, Tesla will
comply with the decision in a reasonable time not to exceed 30 days after Tesla receives notice of
your acceptance. Remedies include but are not limited to repairs; reimbursementfor repairs and
incidentalexpenses, such as transporting costs; and repurchase or replacement of your vehicle.
NCDS decisions do not include attorney fees or punitive, multiple, or consequentialdamages,
except incidental damages as required by applicable law.
If you
are
claim in
not satisfied with the arbitrator's decision
binding arbitration
on an
or
Tesla's compliance, you may pursue your
Agreement to Binding
individual basis in accordancewith the
Arbitration below.
Agreement to Binding Arbitration (U.S. Only)
All
disputes
not resolved
by NCDS will be arbitratedunder the
terms of the
Agreement to
Arbitrate in your Vehicle Order Agreement. Under that Agreement, you agreed to resolve disputes
12
PDF Page 38
Warranty Enforcement Laws and Dispute
Resolution
with Tesla
for
by arbitration rather than by litigation in court. Please
see
the Vehicle Order
Agreement
details. If you prefer not to submit your dispute to NCDS, you may proceed directly to
binding arbitration or small claims court under the terms of the Vehicle Order Agreement. For
more
your convenience,the
Agreement to
Agreement to
Arbitrate. Please
Arbitrate is
reproduced here:
carefully read this provision, which applies to
any
dispute
between you and Tesla, Inc. and its affiliates (together "Tesla").
If you have a
resolutionto
concern or
dispute, please send
a
written notice describing it and your desired
If not resolved within 60
days, you agree that any disputearising out of or relating to any aspect
between you and Tesla will not be decided by a judge or jury but instead by a
relationship
pb
single arbitrator in an arbitration administered by the American ArbitrationAssociation (AAA)
under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such
as claims related to statements about our products.
of the
We will pay all AAA fees for any arbitration, which will be held in the city or county of your
residence. To learn more about the rules and how to begin an arbitration, you may call any AAA
office
or
go to
www.adr.org.
The arbitrator may only resolve disputes between you and Tesla and may not consolidate claims
without the consent of all parties. The arbitrator cannot hear class or representative claims or
requests for relief on behalf of others purchasing or leasing Tesla vehicles. In other words, you
bring claims against the other only in your or its individual capacity and not as a
plaintiff or class member in any class or representative action. If a court or arbitrator decides
that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief
or remedy (such as injunctive or declaratory relief), then that claim or remedy (and only that
and Tesla may
claim
or
remedy) shall
be severed and must be
brought
in court and any other claims must be
arbitrated.
If you
prefer, you
may instead take
an
individual
dispute to small claims
court.
You may opt out of arbitration within 30 days after signing this Agreementby sending
to: Tesla, Inc.; RO. Box 15430; Fremont, CA 94539-7970,stating your name, Vehicle
a
letter
Identification Number, and intent to opt out of the arbitration provision. If you do not opt out,
this agreement to arbitrate overrides any different arbitration agreement between us, including
any arbitration agreement in a lease or finance contract.
Warranty Enforcement Laws
and
Dispute Resolution
13
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD
ANDY RUGHANI,
Consumer,
CASE NO.: 2020-0369/STP
VS.
TESLA MOTORS, INC.,
Manufacturer.
i
DECISION OF THE BOARD
THIS CASE came before the Florida New Motor Vehicle Arbitration Board upon
approval
of the Consumer's request for arbitration.
Upon Notice to the parties, the Board held a
hearing in this case on May 27,2021, via video teleconference.
Chairperson Andrew L. Dixon,
Burch.
Technical Member Donald W.
Board members present were
Koloski, and Member Thomas E.
Legal Advisor to the Board was Gina M. Pellegrino, Assistant Attorney General,
Department of Legal Affairs. Secretary to the
Board was Jonathan Friedman.
Appearing before the Board were the following Tristan Wolbers, Esquire, Local Counsel
for Krohn & Moss,
Ltd.,
Consumer; and Charles
10 N. Dearborn
P.
Mitchell, Esquire, Rumberger, Kirk & Caldwell, P.O.
Orlando, Florida 32802, on behalfofthe
The Consumer testified on his
Consumer exhibits C-1
exhibits.
Street, 3rd Floor, Chicago, Illinois 60602, for the
Box
1873,
Manufacturer.
own
behalf. The Manufacturerpresented
through C-10 were received in evidence.
no
witnesses.
The Manufacturer
rp
presented
no
PDF Page 42
PRELIMINARY MATTERS
The Manufacturer's Answer was filed on April 30,2021, more than three months beyond
the date required for timely filing, as the deadline for filing the Manufacturer's Answer was
Pursuant to
January 11,2021.
paragraph (8), Hearings Before the Florida New Motor Vehicle
Arbitration Board, the Manufacturer's
Manufacturer'sAnswer
sA
must be filed with the Board Administratorno
later than 20
raised in
a
days
after receipt o f the Notice
of
Arbitration, and affirmativedefenses not timely
timely filed Answer cannot be raised at the hearing, unless permitted by the Board.
Counsel for the Manufactureracknowledgedthat the Answer was filed late,
had not become involved with this case until after the
Manufacturerwould
Manufacturer
rw
not be presenting any
filing
explaining that he
deadline. He asserted that the
documentary or testimonialevidence during the
hearing; however, he requested to cross-examine the Consumer and present a closing statement.
Upon consideration, the
be limited to
Board agreed that the Manufacturer's participation in the
cross-examining the
Consumer and
hearing
would
giving a closing statement.
FINDINGS OF FACT
Based upon the
st*ulations by the parties, the testimony of the parties and witnesses
the evidence presented, the Board makes the
1. The
parties stipulated that,
on
following findings
of fact:
October 12, 2018, the Consumer purchased
a
2018
Tesla Model S motor vehicle, Vehicle IdentificationNumber 5YJSA1E21JF242904,in
Florida. The Consumer was provided with
a
and
Tampa,
written express, limited warranty from TESLA
MOTORS, INC. Mileage at the time of delivery was 8,108 miles.
2. The Consumer asserts the vehicle has the
a)
the
The
summon
summon
summon
features not working
feature using the "Tesla app"
feature to
move
on
following problems:
properly. Andy Rughani testified that he accesses
his cell
phone.
He
explained
the vehicle in and out of his garage while he is
2
that he
uses
the
standing outside the
PDF Page 43
vehicle.
According to
wall in his garage. He
Rughani, the summon feature parks his vehicle "too
Mr.
acknowledgedthat, even though he
amount for the summon feature to allow more space, he
to allow minimum space.
feature that he
can
customize the side clearance
deliberately has the
Additionally, Mr. Rughani explained that,
accesses on
his cell
phone does not work either.
at
summon
He
He testified that he
have been deemed operating as
The
uses the
standing in a
acknowledgedthat if the vehicle is parked in an area that has insufficientmap
data then the smart summon feature will not work. He also
b)
feature set
times, the smart summon
smart summon feature to have the vehicle come to him on its own while he is
parking lot.
close" to the side
designed by the
acknowledgedthat these
authorized service agent at several
auto-park feature not workingproperly.
Mr.
features
repair visits.
Rughani testifiedthat the auto
park feature utilizes cameras to identify possible parking spaces when the vehicle is driven less
than 10 miles per hour and passes
that ifthe vehicle identifies
the dashboard along with
a
a
a
potential parking space that is large enough.
Mr.
explained
potential parking space, then a "P" parking icon will illuminate
box that coincides with the
the parking space identified by the vehicle is
the auto
He
potential parking space.
on
He added that if
acceptable to the driver, then the driver would press
park button inside the vehicle and the vehicle would "auto park" itselfinto the spot.
Rughani acknowledgedthat the vehicle auto-parks "fine"; however, he explained that the
problem he is experiencing is that the vehicle, at times, identifies potential parking spaces that
are
not desirable to him. For
space
near a
example, he
a
potential parking
magnolia tree that is next to his driveway; however, Mr. Rughani said that he
not think that the vehicle should
c)
said that the vehicle identifies
identify that spot near the tree
The vehicle approaching
the cruise control feature. Mr.
control feature and
potential parking space.
stopped vehicles too fast and braking heavily, when using
Rughani testified that when he
driving behind
as a
does
is
utilizing the traffic-aware cruise
another vehicle, if the vehicle in front stops, then his vehicle
3
PDF Page 44
will slow down
on
its own,
approach the stopped vehicle too fast, and abruptly brake on its own.
According to Mr. Rughani, this feature is not operating properly because he believes that the
brake application should be smoother. He noted that, when this braking occurs, it feels like
..
"jerk
to the passengers in the vehicle. He
found this feature to be
acknowledgedthat the
He also
operating as designed.
providesthat this feature is not a
collision warning
or
a
authorized service agent has
acknowledgedthat the Owner's Manual
avoidance system and should not be
depended upon to adequately slow the vehicle down.
d)
The
auto-pilot feature not operating properly when navigation is in use.
Mr.
Rughani
explained that, to use this feature, a destination is entered into the navigation system and then the
vehicle is
Mr.
supposed to follow the path to the destination on its
Rughant at times, when he has tried to
he has received an
error message on
Features may be restored
on
operating as designed by the
the
use
this feature on
next drive." He
freeways and four-lane highways,
acknowledged that this feature has been deemed
authorized service agent. He also
The front passenger seat heater not
acknowledged that for this
adequate for the vehicle's sensors to work.
operating.
Mr.
Rughani testifiedthat he brought
the vehicle to the authorized service agent for repair of this problem
December of 2018 and the
f)
An
was
inoperable camera on the right side
was
The interior map
camera
of the vehicle. Mr.
not
occasion in
light not working.
The air conditioner performing
Rughani testified that the
calibration for this problem in
Mr.
poorly.
February of 2019.
Rughani acknowledgedthat this problem
corrected in August of 2020, when the driver seat task light was
h)
on one
problem was corrected.
authorized service agent performed a
g)
However, according to
dashboard, stating "Autopilot camera unavailable,
feature to operate properly the conditions must be
e)
own.
Mr.
replaced.
Rughani stated that the
air conditioner
cold air and acknowledged that this problem was corrected.
sufficientlyblowing
sufficiently
yb
4
PDF Page 45
i)
was
A wind noise from the passenger front door. Mr.
corrected when the door was
j)
Rughani testified that this problem
adjusted.
An inoperable driver's seat. Mr.
Rughani presented no testimony during the hearing
regarding this problem.
3. The Consumer filed a claim with the National Center for Dispute Settlement
(NCDS).
Since NCDS is not a state-certified informal dispute settlement procedure in the State of Florida
for Tesla Motors, Inc., the Consumer was not required to resort to this program.
the Consumer submitted his claim for
held on
a
NCDS
documents-only
yN
Nevertheless,
arbitrationhearing, which was
September 22,2020.
4. On October 5,2020, the Consumer filed
The request was
seeking a refund.
a
Request for Arbitrationwith this Board,
approved on December 17,2020.
CONCLUSIONS OF LAW
Based upon the
foregoing findings of fact, the Board makes the following conclusions:
1. Pursuant to Chapter 681, Florida Statutes, and the evidence presented, the Florida
New Motor Vehicle ArbitrationBoard has jurisdiction of the
this
parties to
and the
subject matter of
case.
2. Section
681.104(2)(a), Florida Statutes, requires that "if the manufacturer or its
authorized service agent, cannot conform the motor vehicle to the warranty by repairing
or
correcting any nonconformityafter a reasonablenumber of attempts,"the manufacturer shall
"repurchase the motor vehicle and refund the full purchase price to the
reasonable
o ffset
for use, or, in consideration o f its
reasonableoffset for use,
consumer, less
rece*t of payment from the
a
consumer o f a
replace the motor vehicle with a replacement motor vehicle acceptable
to the consumer. The refund or
replacement must include all reasonably incurred collateral and
5
PDF Page 46
incidental charges." The Board shall grant this relief"if a reasonablenumber of attempts have
been undertaken to correct
3. A
a
nonconformityor nonconformities." §681.1095(8), Fla.
nonconformityis
defined
as a
"defect or condition that
value or safety of a motor vehicle, but does not include
accident, abuse, neglect, modificationor alteration
manufacturer or its authorized service
as
a
defect
substantiallyimpairs the use,
condition that results from an
ofthe motor vehicle by persons other than the
agent." §681.102(15),
"a general problem (e.g., vehicle fails to start, vehicle runs
to a defect in more than one
or
Fla. Stat. A "condition" is defined
hot, etc.) that may be attributable
part." Rule 2-30.001(2)(a),F.A.C.
4. The Board unanimously finds the evidence failed to establish that the
features not working properly; the auto park feature not working
cruise control
feature;
pilot feature not operating properly when navigation is in use; the front passenger seat
heater not
operating; the inoperable camera on the right side of the vehicle; the interior map light
not working; the air conditioner performing
door;
summon
properly; the vehicle
approaching stopped vehicles too fast and braking heavily, when using the
the auto
Stat.
and the
inoperable driver's seat,
the use, value or
as
poorly; the wind noise from the passenger front
complained of by the Consumer, substantiallyimpair
safety of the vehicle so as to constitute one or more nonconformities as defined
by the statute. Accordingly, the Consumer is not entitled to repurchasereliefunder the Lemon
Law.
DECISION
Based upon the
foregoing findings of fact and conclusions, it is
ORDERED that the request for relief filed by the
denied and this
case is
hereby DISMISSED.
It is further
6
Consumer, ANDY RUGHANI, is
PDF Page 47
ORDERED that the Board retains jurisdiction ofthis
case
for the purpose of correcting
any technical errors or mistakes in this Decision arising from inadvertence, oversight or
omission.
RIGHTS OF APPEAL
This Decision shall become final and binding upon the
receipt of this Decision,
Section
681.1095(10),
where the
consumer
either party files an
appeal by petition to the Circuit Court, pursuant to
Florida Statutes, which states, "The
resides,
or
a
petition shall be filed in the county
where the motor vehicle was acquired, or where the arbitration
hearing was conducted." Within seven (7) days
party must send
parties unless within 30 days of
after the
petition has been filed, the appealing
copy o f the petition to the Department of Legal Affairs, Lemon Law
ArbitrationProgram, The
Capitol, Tallahassee,Florida 32399-1050.
Pursuant to Section
681.1095(12),
Florida Statutes:
appeal of a decision by the board to the circuit court by a
consumer or a manufacturer shall be by trial de novo. In a written
petition to appeal a decision by the board, the appealing party must
state the action requested and the grounds relied upon for appeal.
An
Within 15
days of final disposition of the appeal, the appealing party shall furnish the
Department of Legal Affairs with a
copy of the order
DONE AND ORDERED this 3rd
day of June,
or
judgment of the court.
2021.
FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD
Andrew L.
Dixon, Chairperson
Koloski, Member
Thomas E. Burch, Member
Donald W.
7
PDF Page 48
CERTIFICATE OF MAILING
I HEREBY CERTIFY that copies of the
Certified Mail to:
to Kendra
Andy Rughani,
foregoing Decision were furnished by U.S.
South, Palm Harbor, Florida 34684;
2221 Pinnacle Circle
Williams, Tesla Motors, Inc.,901 Page Avenue, Fremont, California 94538, on this
16th day of June, 2021.
/s/ Jonathan Friedman
Board Secretary
Additional
copies by regular or electronic mail to:
Brent Wikgren, Esquire
Charles P. Mitchell,
Esquire
Andrew L. Dixon
Donald W. Koloski
Thomas E. Burch
CDI:
and
4.002,7.003
8
PDF Page 49
D
EXHIBIT
EXHIBIT D
PDF Page 50
Krohn & Moss, Ltd.
Main Omce
10 N. Dearborn St, 3rd Floor
Chicam IL 60602
www.krohnandmos.com
Writer's Direct Number
Writerlicensedto practice
(312) 578-9428 Ext. 203
only in:
Writer'sDirect Facsimile
nlinois
lilorida
(866) 431-5576
Writer'sDirect E-Mail
yourlemonlawnkhts.com
July 29,2020
VIA CERTIFIED MAIL
CERTIFIED TRACKING NUMBER: 7019 2970 0000 5016 8058
Tesla, Inc.
3500 Deer Creek Road
Palo Alto, CA 94304
RE:
And, Ruehani v. Tesla Motors Inc.
Vehicle:
2018 Tesla Model S
VIN:
5YJSA1E21JF242904
Our File No.:
F200259BWA
Dear Sir or Madam:
Please be advised that this office represents the above-named individual
regarding claims
against your company pursuant to the federal Magnuson-Moss Warranty Act and/or the Florida
Lemon Law with regard to the above-listed vehicle. Please direct all future contacts and
correspondenceto our office.
Having been formally notified of our representation,vou are instructed not to contact
client under anv circumstances. Direct all inquiries to this office. If you fail to act in
conformity with this directive, injunctive relief will be sought against you.
our
You
are
hereby notified that any
settlement made with
our
client must include
compensation for all statutory and other relief available to a consumer. If you settle directly with
our client and do not make arrangements for
payment of all damages, fees, and costs, we will file
suit against you. In addition, you are hereby notified of our attorneys' lien.
There
are numerous
which relief is
are
sought, and
defects and non-conformitiespresent in my client's automobile for
attempts to repair the vehicle have been unsuccessful. You
notified
that
these
defects
and
non-conformities include, but are not limited to:
hereby
numerous
@
PDF Page 51
A
Page 2
1.
July 29,2020
Defective climate control system as evidenced
by A/C has poor performance;
2. Defective body/trim and/or electrical system as evidenced by faulty left B pillar
camera, inoperable passenger seat heater, wind noises coming from the passenger
front door area, inoperable driver side interior map light, inoperable cameras on right
side of vehicle,
feature; and,
3.
inoperable auto pilot, inoperable auto park and inoperable summons
All additional complaints made
your company's records
or on
by our client, whether or not they are contained in
any dealer repair orders.
The defects and non-conformities listed above constitute a substantial impairment ofthe
use, value and/or safety of the vehicle. Because of these defects and non-conformities,my client
has justifiably lost confidence in the vehicle. As one court has stated:
For
majority ofpeople the purchase of a new car is a major investment,
rationalizedby the peace of mind that flows from its dependability and safety.
Once their faith is shaken, the vehicle loses not only its real value in their eyes,
but becomes an instrument whose integrity is substantially impaired and whose
operation is fraught with apprehengion. Zabriskie Chevrolet, Inc. v. Smith, 240
a
A.2d 195.
Concerning the amount of grief a person must endure,
lament in the following manner:
There
after
comes a
time when
one
court expressed the consumer's
enough is enough when an automobile purchaser,
shop for repairs an inordinate number of times
-
having to take his car into the
and experiencing all of the attendant inconvenience, is entitled to say, "That's
all," and revoke, notwithstandingthe repeated good faith efforts to fix the car.
Rester v. Morrow, 491 So.2d 204.
My client s repairhistory clearly shows there was
a
breach of your written warranty
based upon the
generally accepted rule that an unsuccessfuleffort to remedy
defects found to exist renders the warrantor liable; the buyer is not bound to allow
him the opportunity or permit him to tinker with the article indefinitely in the
-
i
PDF Page 52
Page 3
July 29,2020
necessary to preserve it, to protect the security interest, and to minimize your damages.
Moreover, my client needs return of the monies listed above before a substitute vehicle
can
be
acquired. In addition, any attempt by you or your agents to repossess the car will be wrongful
and may subject you to liability for conversion and for wrongful repossessionunder Uniform
Commercial Code §§ 9-503 and 9-507, as well as any other applicable remedies.
Ifthe seller or, if applicable, the
assignee, or any creditor subject to the FTC Holder Rule
goods, I demand, pursuant to Uniform Commercial
Code § 9-404, that you file a termination statement within ten (10) days to terminate your
security interest, and forward a copy to me. Since my client has revoked acceptance, there is no
outstanding secured obligation. If you do not file a termination statement within ten (10) days
and cooperate in removing the lien, you may be liable under Uniform Commercial Code § 9404(1) in the amount of $100.00, plus any loss caused to my client by your failure to do so.
has filed
a
financing statement covering the
To avoid any
litigation,please contact me. Ifthis matter is not resolved within ten (10)
are hereby put on notice that a lawsuit will be filed.
days from the date of this letter, you
Sincerely,
/s/Brent S.
Attorney
Wikgren
at Law
BW/no
cc:
Andy Rughani
®
PDF Page 53
Krohn &Moss, Ltd.
Main Office
10 N. Dearborn St, 3rd Floor
Chicago, IL 60602
www.krohnandmoss.com
Writer'sDirect Number
Writer licensed to practice
(312) 578-9428Ext. 203
only in:
Writer'sDirect Facsimile
nlinois
Aorida
(866) 431-5576
Wdter'sDirect E-Mail
com
www.yourlemonlaFmghts.com
July 29,2020
VIA CERTIFIED MAIL
CERTIFIED TRACKING NUMBER: 7019 2970 0000 5016 8058
Tesla, Inc.
3500 Deer Creek Road
Palo Alto, CA 94304
RE:
Dear Sir
or
Andv Ruehani
v.
Tesla Motors Inc.
Vehicle:
2018 Tesla Model S
VIN:
5YJSA1E21JF242904
Madam:
Enclosed please find my client's Motor Vehicle Defect Notification. Please contact me
directly as 1 represent the above-listed individuals in their Lemon Law action against your
company. We will expect to hear from you within 10
Final Repair.
I look forward to
hearing.
days upon receipt of this letter to
hearing from you in the near future regarding my clients' arbitration
Sincerely,
/s/Brent S. Wikgren
Attorney at Law
BW/no
cc:
set up the
Office ofthe Attorney General
Lemon Law Research Unit
PL-01, The Capitol
Tallahassee, FL 32399-1050
@
PDF Page 54
IJ
.--
inoperable
I
am
auto
--
park and
requesting that you make
a
inoperable
summons
..1..
feature
final attempt to correct the
continuingsubstantial defect(s) or
condition(s).
Vehicle make: Tesla
Model: Model S
VIN: 5YJSA 1E21 JF242904
Name and
Year: 2018
Date ofDelivery: 10/1/2018
City/State of selling dealer or leasing company (if applicable)
Tesla Inc. (Tampa. FL )
Name and
City/State
ofauthorized service
Tesla Inc. ( Tampa. FL)
Consumer:
agent(s) attemptingpreviousrepairs:
Andy Rughani
2221 Pinnacle Circle South
Palm Harbor, FL 34684
Home phone:
(727) 789-6599
Firm Name:
Krohn & Moss, ltd.
10 N. Dearborn, 3rd Floor
Chicago, IL 60602
(312) 578-9428
Signature:
/s/Brent
Date Mailed:
7/29/2020
Wikgren
(#P
PDF Page 55
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