Carlos Berner v. Tesla Inc Document 1

County Court in and for Broward County, Florida
Case No. CACE21015681
Filed August 13, 2021

Complaint (eFiled): AND JURY DEMAND Party: Plaintiff Berner, Carlos

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Page 1 Filing # 132652487 E-Filed 08/13/2021 02:41:27 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
Case No.:
CARLOS BERNER,
Plaintiff.
V.
TESLA, INC.,
Defendant.
i
COMPLAINT AND JURY DEMAND
The Plaintiff, CARLOS BERNER,
by and through the undersigned
counsel, files this Complaint and sues the Defendant, TESLA INC., (hereinafter "Manufacturer"),
for violationsofthe Magnuson-MossWarrantyAct, 15 U.S.C.
§ 2301 etal.
fordefectsassociated witha 2018 TeslaModel 3, VIN: 5YJ3E1EA9JF
(hereinafter ;'vehicle'
or
"subject vehicle")
which
was
warranted
Manufacturer's authorized sales and serving
,,
by Manufacturer and purchased and serviced by
dealership,Testa FloridaInc. in Dania Beach, Florida.
STATEMENT OF JURISDICTIONAND VENUE
1.
The amount in controversy DOES exceed THIRTY THOUSAND DOLLARS
($30,000.00),
exclusive ofinterest and costs.
2.
DefendantManufacturer is a foreign corporationauthorizedto conduct business in the State
ofFlorida,and at alltimesmaterialheretowas engaged in the regularpractice ofwarranting
and
***
servicing automobiles in Broward County, Florida.
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/13/2021 02:41:24 PM.****
Page 2 FACTS
3.
On
or
about
August 9, 2018, Plaintiff purchased the vehicle
at a total sale
price of
$64,710.33 which was the total cash price including tax, title, and fees. Sm Exhibit "A",
attached hereto.
4.
To acquire the vehicle, Plaintiffpaid the entire balance in full.
5.
Along
with the
purchase
of the
vehicle, Plaintiff received
an
express warranty from
Manufacturer. See Exhibit "B", attachedhereto.
6.
Specifically, the relevant terms ofthe warranty were as follows (?? §1% Exhibit "B"):
(a) Manufacturer's 4-year/50,000-milebumper-to-bumper warranty coveredthe vehicle.
(b) Manufacturer promised to repair defects
and
replace defective parts
within the
specified time frame above, through its own authorized servicingagents as definedin
the express warranty.
7.
Plaintiffhas taken the vehicle to Manufacturer's authorized
servicing agent, pursuant to the
warranty, a total of three (3) times for repairs of defects and/or defective parts, including
complaints
which
are
about water intrusion and the performance of the vehicle's electrical
system,
component parts that
are
covered under the express warranty. See
Composite
Exhibit "C", attachedhereto.
"l"
8.
A summary of said repairs is
DATE
06/9/
DAYS MILE

RO#
as
follows:
COMPLAINT
3000S0001557976 Water Intrusion: Clients states there is water
damage in the trunk, possibly due to a leak in the
trunk with all of the rain. (Verified customer
concern. Test To Confirm Water Ingress No
Longer Present. Replaced Trunk Seal. Verified
Proper Operation.)
Electrical: Customer states the fronttrunk will not
open
(Verified customer concern. Diagnosed and
Page 3 Replaced Primary Hood Latch Actuator. Verified
Proper Operation.)
Electrical: Customer states
sensor
charge port door
malfunction (Correction: Replace Charge
Port Door Sensor Target Parts Replaced or Added
Part
SENSOR
TARGET
ASSY,
Electrical: Customer states charge port door wont
open when being pressed from the outside.
(Verified customer concern. Replaced Charge Port
Proper Operation.)
Door. Verified
10/15/

3000S
Water Intrusion: Customer states Once again,
got into my trunk! ! No signs of water
damagevisible,unless you remove cover. See pics
(Replaced trunk seal. Trunk carpet and adjusted
trunk. Cleaned area affected. Water testedvehicle
water
no more
leaks present at this time.)
Electrical: Customer states: All the speakersmake
crackling noise and it sounds like static.
(Performed audio test on speakers no crackling
noise presentat this time. Audio systems operating
as
06/03/
intended.)
23074 30000S0002555666 Water Intrusion: Customer states water found
(for the 4th time! !) in the bottom of trunk lower
compartment. (Upon inspectionand water leak test
found water leak to thetrunkareacoming fromthe
bottom, from a body plug, install and reseal with a
new plug, also appliedbody sealant underthe
body
between body panels, water tested again to verify
repairs and
installed.)
9.
proper
operation,
New
rear
carpet
Following three (3) repair attempts and fifteen (15) days out of service, Plaintiffdelivered
written notification, by registered or express mail,
informing Manufacturer ofthe need to
repair the vehicle's water intrusion defects and conform the vehicle
Exhibit "D", attachedhereto.
to the
warranty.See
Page 4 10.
Unfortunately, Manufacturer did
not offer to
participate
in further repairs
or
otherwise
resolve the warranty dispute.
11.
Manufacturer'sauthorized servicing agent(s) further contacted Manufacturer and afforded
Manufacturer one or more directopportunities to conduct repair attempts.
12.
At all times material Manufacturer was
aware
of the vehicle's problems and
unrepaired
defects.
13.
servicing agent(s) under the warranty. See Composite Exhibit "C".
14.
Despite
at least three
(3) repair attempts, the
vehicle still exhibits the
same
significant
problems referenced in the summary above.
15.
Suchproblemsand failures werethedirectresult ofone ormore failures withManufacturersupplied materials and workmanship.
16.
As
17.
Manufacturer's
a
result, the vehicle's use, value, and safety have been significantly impaired.
inability
or
refusal
to
perform warranty repairs
is in
derogation
of
Manufacturer'sobligations and promises to Plaintiff under the express warranty.
COUNTI
BREACH OF EXPRESS WARRANTY UNDER MMWA, 15 U.S.C. § 2310(d)(1)
18.
Plaintiff incorporatesand adopts paragraphs
19.
Plaintiffis a"consumer" as defined in the MMWA, 15 U.S.C. § 2301(3).
20.
The vehicle is a "consumer product" as defined in the MMWA, 15 U.S.C. §
21.
The vehicle was manufactured and
22.
Theexpresswrittenwarranty isa"written warranty" asdefined intheMMWA, 15 U.S.C. §
2301(6).
to 17 as though fully set forth herein.
2301(1).
purchased after July 4,1975.
Page 5 23.
Manufacturer is
a
"supplier"
and "warrantor"
as
defined in the MMWA, 15 U.S.C. §
2301(4),(5).
24.
The vehicle's failures arethedirectresultofmultiple defects in
or
25.
manufacturingworkmanship
materials.
The above-described failures and issues could
not
reasonably
have been discovered by
Plaintiffpriorto Plaintiffs purchase ofthe vehicle.
26.
The express written warranty was part ofthe basis ofthe
bargain of the contract, upon which
Plaintiffrelied, for the purchase of the vehicle.
27.
The vehicle has not been properly repaired under such
express warranty and continues to be
in a defective condition through no fault of Plaintiff.
28.
Manufacturer'sfailure or refusal to adequately repair the vehicle is a breach ofthe
express
warranty.
29.
The express warranty has failed ofits essential
30.
As a result ofManufacturer'sbreach, Plaintiffhas suffered
31.
Unlike other consumer goods, the vehicle naturally
depreciatedthe moment after Plaintiff
purpose.
expenses, losses, and
damages.
purchased the vehicle, and has continued to depreciate thereafter, all through no fault of
Plaintiff.
32.
Plaintiffdidnot intend totrade orsell the vehicle until Plaintiffhad
enjoyed use ofthe vehicle for many years.
33.
thal Manufacturercaonotorwillnotadequatelyrepair
Plaintiffisnowfacedwiththereality
the vehicle, or in the alternative,the vehicle has been
subject to
repair attempts.
an
unreasonablenumber of
Page 6 34.
Part of the vehicle's purchase price was
vehicle experience" that was
35.
so
Plaintiff could
enjoy and maximize the "new
promised by Dealer and Manufacturer.
The unrepaired defects and problemswith the vehicle took
away from and diminishedsuch
experience from Plaintiff.
36.
Plaintiff seeks recovery of special damages wbich include the difference between the
vehicle's total sale price minus the valuethat Plaintiffcouldor would receive
upon selling or
tradingthe vehicle.
37.
In the alternative,Plaintiffseeksto recover the difference between the value ofthe vehicle as
delivered and
38.
as
accepted on the date ofpurchase.
Currently, there is no market for brand new, defective vehicles,which is in large part due to
the instantaneousdepreciation of vehicles as described above.
39.
As
aresult, the difference in value betweenPlaintiffs vehicle as accepted and delivered on
the date of sale cannot be calculated with
certainly, which makes
the award of
special
damages appropriate.
40.
All conditionsprecedent prior to bringing this action have occurred, have
beenperformed,or
have been waived.
WHEREFORE, Plaintiffprays that judgment be entered against Manufacturer:
A. For
special damages in the amount of the
difference between the value ofthe vehicle as
promisedand the depreciatedvalue ofthe vehicle;
B. For the difference in value ofthe vehicle as
promised and as actually delivered;
C. For actual,
incidental, equitable,and consequential damages;
D. For costs, interest and actual attorneys' fees pursuant to 15 U.S.C.
§ 2310(d)(2);and
Page 7 E. For such other relief this Court deems
appropriate.
COUNT II
VIOLATION OF CHAPTER 681. FLORIDA LEMON LAW
41.
Plaintiffincorporates and adopts paragraphs
42.
This action is authorized by Fla. Stat.
43.
This action is commenced within 1 year after the
expiration ofthe Lemon Law rights period.
44.
Plaintiff first reported the above-described
1 to
as
§681.112(1)
nonconformity(ies) to Manufacturer and/or its
authorized servicing agent(s) within the Lemon Law
from the date
45.
thoughfully set forth herein.
rights period of 2 years and 60 days
ofpurchase.
PlaintiffgaveManufacturer and its authorizedservicing agent(s) three (3) attempts to repair
said nonconformity(ies).
46.
Manufacturer and its authorized servicing agent(s) failed to repair the vehicle.
47.
Plaintiff gave Manufacturer written notice.
48.
Manufacturer failed to repair the vehicle following receipt of such written notice.
49.
Manufacturer failed
to
repurchase
or
replace the
motor
vehicle pursuant to Fla. Stat.
§681.104(2)(a).
50.
Prior to filing this action, Plaintiffsubmitted the
Affairs pursuant to Fla. Stat.
51.
disputeto the FloridaDepartmentof Legal
§681.109(4).
All other conditions precedent
prior
to
bringing this action have occurred, have
been
performed, or have been waived.
WHEREFOREPlaintiffprays thatjudgment be entered against Manufacturerfor
losses, costs, interest, fees, and any further appropriate equitable relief.
pecuniary
Page 8 JURY TRIAL DEMAND
52.
Plaintiffherebydemands trial by jury on all counts so triable.
DATED: 08/13/
Respectfullysubmitted,
Cremeens Law Group PLLC
is/ Parck J. Cremeens
Patrick J. Cremeens, Esq.
Fla. Bar No. Jeanne M.
Cremeens, Esq.
Fla. Bar No.
5100 West Kennedy
Boulevard, Suite
Tampa, Florida
Phone (813) 839-2000 / Fax (813) 839-Primary e-mail: admin@cremeenslaw. com
Attorneys for Plaintiff, Carlos Berner
Page 9 DLB-
Z
r

66113
Page 10 MOTOR VEHICLE PURCHASE AGREEMENT
Final Price Sheet
DATE OF AGREEMENT
Avust
CARLOS BERNER
19030 NE 21STAVE,
NORTH MIAMI BEACH, FL
L
TESLA FLORIDA INC.
1949 TIGERTAIL BLVD
DANIA BEACH. FL
VEHICLE TO BE DELIVERED ON OR ABOUT:
DESCRIPTJDN OF PROPERTY
Mniaad
LM
New
.-
PURCHASE PRICE
1.
2.
n.
"
B.
Other: NA
,
-
oamw
-5YJ361EA9JF0#
$
61,000.Qp
i
5L
(A)
$
o.gg 0"
S
0.
(C)
f
@1'000.90 (l)
Sales Tax Calculation
Trade-in tax credit (if applicable)
S
Taxable Fees (if applicable)
C.
Subtotal of Taxable Items
D.
Sales Tax
E.
Other: N/A
$,
0.
-
(A)
5.50. (B)
?
$
61,000.CIO
(C)
W19.$
Total Cash Price (1 plus 2D and 2E)
Amounts Paid to Government Agencies*
$
Fees
$
License Fee of applicable)
413.0.
S
C.
Tire Fee (if applicable)
D.
Battery Fee (jf applicable)
E.
OtherFee(s)- Registration Service Fee
$
Other Fee(s): FL Doc
Stamp Fee
Total GovernmentFees (A through F)
Subtotal (2 plui 3)
.
.
$
1:1.
$
29.
S
0.
A.
Deposit
B.
Financed Amount: N/A
C.
EV Incentive of applicable)
Trade in value applied to purchase (if
applicable}
E.
F
$
Customer downpayrnent
S
CHherCredits
Total Credits (A through F)
Amount Due from Buyer (
B.
(2)
(A)
(F)
$
447.
$
65,157.
(3)
(4)
(A)
0.00- (B}
0.
.66,090.
$'
through 5)
O.Qo
-
(C)
M
(E]
(F)
*Seller may retain or receivuartof the
emounts pid to others.
Autb BrokarF.: Tm. t,an,-ion 1* not,ubjict
to , ,&8.c.]v.dby m,Uto b-, fro,n Sillar
unlesa
O Irchecked, nim, of ioulo
b,olmrrcceivln, foo: nli
Motor Vehicle Pure,r#Sa Agreement-Final Price Sheet
(v. 20180731)
Tesla, inc. @
64,710.
(20)
(2E)
(E)
+
3,500.
$
$
O.OQ.
(B)
(c?
(D)
Total Credits
D.

MOMMH#MMM.
41R
C. Other NA
Total Vehicle Price (A through C)
F,
6.
tt-Mdel 3 -I
=
''
M
options, accessories and fees.
(See attached Vehicle Configurationfor itemization.)
A
'
'*,del
,.
Cash price of motor vehide,
B,
5.
Wam
]1018 Ij@;LA
A.
A
4.
8/148918-
Total Vehicle Price
B.
3.
.'
..
-
L
i.
$
$
35,157.93 -0)
0? nl
th6 "box ls c-,ed:
Pagalofl
,
Page 11 N..n.t RN '..7 'F-'i.J.:-7*) j.1.Jg.MS'UU
TEEL i:i
Motor Vehicle Purchase
Agreement
Vehicle Configuration
Customir Information
CARLOS BERNER
19030 NE 21ST AVE,
NORTH MIAMI BEACH, FL
(305) 469-
carlosbemer@yahoo.com
VIN
5YJ3E1 EA9JF
Reservation
RN
Order Payment
3,500.
Accepted by
6/30/
Customeron
Price indicated does not include taxes
and governmentalfees, which w}Il be
calculated as your delivery date nears.
You will be
responsible for these
additionaltaxes and fees.
Description
Model
Total in USE)
Lohg Rang&RWD
Rear-Wheel Drive
Premium Black
Pearl White Multi-Coat
19" Sport Wheels
Full
Self-Driving Capability
Premium Interior
Enhanced Autopilot
$ig,ociaao
$1,500.$1,500.
$3.000.$5,000.
Subtotal
Destination Fee
Documentation Fee
TransportationFee (if applicable)
Order Modification Fee of
applicable)
Charging Installation Fee (if applicable)
Total
$60.000.5925.
M$0.SO.$0.
$61,000.00
Page 12 TESLFi
Motor Vehicle Order
Agreement
Terms & Conditions
Documentation. Your Modal 3 Motor Vehicle Order
Agreement
1.
(the 'Agreement') Is made up ofthe following documenta:
The Vehide Confguration describes the vehlcle Ihat
you configured and ordered, mdudlng pricing
(excludlng taxes and oHicial or government fce).
2.
Eln.Lhlamm*
The FInal Prlce Sheet will be provided to
you as your delivery date nears. It will indude final
pricing based
your Anal Vehicle Configuration and will irtdude taxes and official
orgovernmentalfees.
IEnLA,Signd!029*; These Terms & Conditions are effective as of the date you place your order and make
your Order
Payment (the *Order Date").
on
3.
Agreement to Purchase. You agree to purchase the vehicle
(the -Vehicla')describedin your Vehicle
from Tesla. Inc. or
Jts amliate ('we; 'us' or 'our),
pursuant lo the temlg and condltions of this Agreement.Your Vehide Is Configuration
priced and conligured based on
features and options available at the time of order and
can
confirm
you
availabiltty with your Owner Advisor. Options, features or
hardware released afteryou place your order may not be included in
or availablefor
your Vehicle,
Purchase Price, Taxes and Officini Fees. The
purchase price of the Vehicle is Indicated
price does not include taxes and offidal or government fees, which could amount to
in your Vehlde
Configuration.This purchase
up lo 10% or more of the Vehicle purchase pnte
Because these taxes and fees are constantly
will
changing and
depend on many factors, such as where you
the Vehde, they
will he calculated closer to the time of
delivery and indicated on your Anal Price Sheet. You are responsible forregmter these
taxes and fees.
additional
paying
Order; NonrefundableOrder Payment,
Changes. Once you submit your completed order, we wHI looate a vehiole to match
your
Configuratlon and coordinate the shipment of the Vehicle for delivery.
Your Order Payment covers the cout of these
aclivIUes and other procestng cots and js
nonrelundable; It Is not a deposit for the Vehicle, Any changes to
your Vehicle
Configuration,delivery locationor expecteddeliverytime after the Order Date will be
difllcuit, if not impossibte, for us to accommodate.
If you wantto make
changes to your order, we will try to accommodate your request. Ifwe
accept your request, you will be subject to a
non-refundable $500 change fee and potential price increases for
any pricing adjustments made since your
original Order c)6te. Any
changes made by you to your Vehicle Configuration, including changes
to Ihe delivery Iocabon of estimated
reliectedin a subsequent Vehlde
deliverydate, will be
Configurationthat will form partof the Agreement
Vehicle
Cancellation; Default. We incur significant cosls in
managing your order. and Ioca:Jng and coordinating delivery
Vehlole. We may also jncur significant costs for
Iogiatlcs for your
the Vehide, induding addltional
remarketing and
coordination, logistics and
transport costs. If you cancel or default in this Agreement, you willresetllng
not be refunded your Oder
Payment as it has already been earned
by us in taking end processing your order. You
acknowledge that the Order Payment amount is a Ialr and reasonable
actual damages that lyn have incurred or may Incur as a
estimate of the
result of your breach of this
Agreement, dmnages thal are otherwise
Impracticable orextremelydiflicult to determine. When you take
delivery of the vehicle we will provide a credit to the final
price of your Vehicleequivalent to the amountof the Order
Payment you paid This Order Payment and this Agreementare notpurchase
entered into In anllcipatlon of or
made or
pend)ng any condmonal sale contmct,
Delivery.
If you are picking
up your Vehide in a state where we are licensed to sell the
Vehicla. we will notify you of when we expect
your Vehicte to be ready for delivery at
your local Tesla Delivery Center, or other Iocallon as we
may agree to. You agree to schedule
and Iake deliveryofyour Vehjde within one week of this
date, If you are unable to take
deliverywithin the specifiedperiod,your Vehlcle
may be made availableforsale to other customem.
If you wish to
pick up your Vehicle in a
state where
not Ucensed to aell ihe Vehlcte, or if
you and Tasia otherwise agree, Tasia
you from our factory in California or anolherstate where we are
to sell tile Vehide, In such a
licensed
case, you agree that this is a
shipment Contract under which Tesla wm coord,nate the shjpping of the
Vehicle to you via a third-party common
carrier. You agree that delivery of the Vehide,
including the transfer of title arld risk of loss to
you, wit occur at the time your Vehicle *s loaded onto the
we are
will, on your behalf, coordinate the shipment of
yourVehicle to
your Vehicle while in transit and you will be the
Vehide is in the possession of a common
carrier.
common
carrier'stransport (/.e., FOB
shtppr,g point). The carrierwill insure
daims for damage to the Vehicle or
losses occurring while tile
beneficiary of any
The estimated dervery date of
your Vehicleindicated in this AgreementM an estimate
only and is not a guaantee of whan your Vehicle
Will actually be delivered. To secure your linal
payment and performanceunder the terms oT :hls Agreement we will retain
a
interest,nthe Vehicle and a!! proceeds therefromuntil
security
your obligationshave been fulfilled.
Pnvacy Policy; Payment Terms for
Services and SuperchargerFair Use
Services; Sup,rcharger Fair Use Policy. Tesla's Customer
Terms for
Privacy
Policy are incorporated into this Agreementand can be viewed at www Policy: Payment
Page 13 TESLFi
Agreement t6-*rbitrat8.-Please
affiliates, (togelherlesia").
If you have a concern
carefullylead this provision,
or dispute, please send a
pies-G-any dispute behveen you aMTesia, lAi and its
which ep
wrjttennotice describing itand your desiredresolutionto
If not resolved wlthin days, you agree that any dispute
Tesla wNI not be decided
by a judge or Jury but Instead by
arising out of or relating lo any aspect of the relationship between
you and
a
single arbitratorin an arbitrationadministeredby the Amencan Afbitration
Assodation (AAA) under its Consumer Arbitration Rules. This
Indudes claims arising before this
Agreement,such as daims related lo
statementsabout our products.
;
I
?
I
We will pay all AM fees for
any arbitra#on,which wm 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 MA office or go to 1,v.adr.org.
.
The afbjtrator may only resolve
disputes between you and Tesla, and may notconsolldatedalms withoutthe
consent of all parties. The
arbltrator Cannot hear class cir representative claims or
requests for relief on behalf of otherspurchasing or
Tesla vehicles. In
leasing
other words, you and Tesla may bring clakns
the
other only tn your or its Jndividuai
against
capacityand not ai a plaintiff or class
member in any dass or representative action. If a court or
arbitrator decides that any part of this
agmernent lo arbttmte cannot be
enforwed
daim Ibr
a? t? a
fpMef or remedyfsch as Injundve or dedarato,yreliefh then that claim or remedy (and only that
cle,m or remedy) Frcplar
shall be severed and must be
f
brought In court and any other daims must be arbitrated.
#you prefer. you may insteadIake an individual dispute to small claims court.
You may opt out of arbitrationwithin
ciay& after signing this Agreementby Sending a letterto. Tesla,
Inc.; P.O. Box 15430; Fremont,
94539-7970, stabng your name, Vehicle Identlfcabon Number, and Intent
to opt out of the arbitration
provision. If you do not opt
out this agreementto arbitrate overrides any different
arbitration sgreement between us,
or financecontract
Induding any arbitrationagreementin a lease
CA
Page 14 TEEL i:i
Warranty. You will receive the Tesia New Vehicle Limited
War,antyor the Tesla Preowned Limited Werrar,ty,as applicable, at or
to the time of Vehicle
prior
delivery orpickup.You may also obtain a written copy of your
warranty from us upon requestor from our website.
Limitation of
Liabillty. We are notliable for any inddental, special or consequentialdamages
arising outoflhis Agreement. Your sole
remedy under this Agreementwill be limited to reimbursementof
your Order Payment
and exclusive
No
Resellers: Discontlnuatlon; Cancellatlon. Tasia and its afnliates sell cars
directly to end-consumers,and we may unilalerally
cancel any order that we bereve has been made with a
view toward resale of the Vehlde or that has
otherwisebeen made in bad faith,
We may also cancel your order and refund
your Order Payment if we discontinue a produd, feature or
optjon afler the time you place
your order or if we detennlne that you are acting in bad faith.
Governing Law; Integration; Aljignment. The terms of this
Agmement are governed by, and to be interpretedSccordlng to, the
laws of the State In whih we are licensed to sell motor vehicles that
Is nearest tc your address indicated on
Vehicle Confguratlon.
Prior agreements, oral statemenls,
negotiations, communicationsor representatons about the Vehlde soldyour
under this Agreementare
uperseded by this Agreement. Terms relating to the
pumhase not expressly contained herein are not binding. We may
this
at
Agreement
our
Sssign
discietion:o one of our afliliated ent,ties.
State.SpecificProvisions.
You
Provisions attachment tolhis
Agreement.
acknowledge that you have read and understand
the
provisions applicable to you in the State-Speciflc
r
I.
Page 15 TESLF:i
State Specific Provisions
For NEW
'
YORK r4sidents: if the Vehicle Ts
not
following the estimated delivery date, you have
unless the dday in delivery is aqributableto
8elivered in accoidance with the
the
you.
Agreement within
right to cancel the Agreement end receive a full dayi
refund,
Fof MASSACHUSIETTSNkidents:
ATTENTION PURCMAsER: Ajl Vehicles are WAARANTED
AA matter of
They must be fit to be driven safely on the roads and must
remain in good running condition for a
reasonable period of time. If you have
significant problems with the Vehide or if it will not
Massachusetts Inspection, you should
pass a
notify us immediately. We may be required to fix the car or
THIS
refund your
mpney,
WARRANTY IS IN ADD'1]ONTO ANY OTHER
wARRANTY GIVEN BXUS.
stale law.
For
WASRINGYON, D.C. residents:
-
NOTICE TO
PURCH&SER
IF, AFTER A REASONABLE NUMBER OF
ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR
AUTHORIZED DEALER IS UNABLE TO REPAIR
OR CORRECT ANY
NON-CONFORMITY, DEFECT, OR
CONDITION WHICH RESULTS IN
,
SIGNIFICANT IMPAIRMENT OF THE MOTOR
VEHICLE, THE
MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL
REPLACE THE MOTOR VEHICLE WITH
i A COMPARABLE MOTOR
VEHICLE, OR ACCEPT RETURN OF THE MOTOR
VEHICLE FROM THE
CONSUMER AND REFUND TO THE CONSUMER
'
THE FULL PURCHASE PRICE,
TAX. LICENSE FEES, REGISTRATION
INCLUDING ALL SALES
FEES, AND ANY SIMILAR GOVERNMENT
HAVE ANY QUESTIONS
CHARGES. IF YOU
CONCERNING YOUR RIGHTS, YOU MAY CONTACT
THE DEPARTMENT OF l
, CONSUMER AND
:
,
,
REGULATORY AFFAIRS.
t
Seller certifies that the information
contained in the itemization of the
purchase price, including the Vehicle
Configuration, and required by Chapter 3 (Buying, Selling and
Financing Motor Vehicles) of Title 16 of the
Code of D.C. Municipal Regulations, is true the best of
our knowledge.
tg
Page 16 EXI-
ITT
-
99
Page 17 TEELA
NEW VEHICLE LIMITED WARRANTY
U.S. AND CANADA
This version of the warranty is applicable
to your vehicle and supercedes
any other
versions published online or in print.
Page 18 @2012-2017 TESLA,INC.
All information in this document and all vehicPe software s
subject to copyright and other Tntellectual property
rights of Tesla, Inc. and Tts Jicensors.This material may not be modified, reproducedor copied, in whole or in part
without the prior written permissionof Tesla, Inc. and its Iicensors. Additional information is
available upon
request. The following are trademarks or registered trademarks of Tesla, Tnc. in the United States and other
countries:
TESLA
TESLA MOTORS
TESLA
ROADSTER
MODELS
MODELX
Page 19 CO
-
ts
General Warranty Provisions
Who is the
What Vehicles
are
Multiple Warranty

Limitations and
Arbitration of Disputes (U.S.
Your Rights Under State

Who Can Enforce this New Vehicle Limited Warranty.
When Does the Warranty Period Begin and End.
Warranty Coverage,
Basic Vehicle Limited
Supplemental Restraint System Limited
Battery and Drive Unit Limited

Exclusions and Limitations.
Warranty
Additional Limitations and
Voided Warranty
.
Obtaining Warranty Service.

Reasonable Time for
Roadside Assistance (North

Payment of Tax for
Modifications and
Warranty Enforcement Laws and Dispute Resolution.
Dispute Resolution (Canada
Dispute Resolution (U.S.
Optional Dispute Resolution Through the National Center for Dispute Settlement (NCDS)
(U.S.
Agreement to Binding Arbitration (U.S.

11
Page 20 General Warranty Provisions
Tesla, Inc. ("Tesla") will provide repairs to the vehicle during the
applicable warranty period in
accordance with the terms, conditions and limitations defined in this New Vehicle
Limited
Warranty.
Who is the Warrantor?
Vehicles registered in the U.S.:
Tesla, Inc.
3500 Deer Creek Road
Palo Alto, California
Attention: Vehicle Service
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 1CAttention:Vehicle Service
Phone number: 1-877-79-TESLA (1-877-798-3752)
What Vehicles
are
Covered?
This New Vehicle Limited Warranty applies to the vehicle sold
by Tesla jn the North America
Warranty Region. For purposes of this New Vehicle Limited Warranty. the Tesla North America
Warranty Region is defined as all 50 states of the United States of America, the District of
Columbia, and all 13 provinces and territories of 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
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 quality, fitness for a particular purpose,
durability, or those arising by a course of
dealing or usage of trade, are disclaimed to the fullest extent allowableby law, or I]mited in
duration to the term of this New Vehicle Limited Warranty. Some states or
provinces do not allow
limitations on implied warranties or conditions and/or how long an
implied warranty or condition
lasts, so the above limitations may not apply to you.
The performance of necessary repairs and parts
replacement by Tesla is the exclusive remedy
under this New Vehicle Limited Warranty or any
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 remanufacturedpart will be made by Tesla, in its sole discretion.

New Vehicle Limited
Warranty for the U. S. and Canada
Page 21 General W. ranty 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 arbitration provision in your Tesla Vehicle Purchase
Agreement.
Your Rights Under State Law
This New Vehicle Limited Warranty gives you
that vary from state to state.
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
and lawfully assume(s) ownership of the vehicle after the first retail
purchaser within the
described limitations of this New Vehicle Limited Warranty
("subsequentpurchaser").
Who Can Enforce this New Vehicle Limited Warranty?
The first retail purchaser, or subsequent purchaser, of a new vehicle sold in the Tesla North
America Warranty Region, titled or registered in the name of the first retail
or
purchaser,
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.
When Does the
Warranty Period Begin and End?
This New Vehicle Limited Warranty begins on the first day a new vehicle is
put into
to the first retail purchaser(s), or by leasing or
as a
car or
use by delivery
registering
company
demonstrator,
whichever is earlier, and provides coverage for the period based on the
specifed 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.
General Warranty Provisions
3
Page 22 --R--
Warranty Coverage
This New Vehicle Limited Warranty includes the Basic Vehicle Limited
Warranty, the Supplemental
Restraint System ("SRS") Limited Warranty, and the Battery and Drive Unit Limited
Warranty, each
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 remanufactured parts by Tesla for the covered defects. Subject to the exclusions and limitations
described in this New Vehicle Limited Warranty, such repair or 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 or re-manufactured parts at the
sole discretion of Tesla. All replaced parts or other
componentsare 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 workmanshlp of any parts
manufactured or supplied by Tesla that occur under normal
miles (80,000 km), whichever comes first.
use
for
a
period of 4 years
or
50,
Supplemental 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 manufactured or 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
components designed to withstand extreme driving conditions.You can rest easy
that
knowing
Tesla's state-of-the-art Battery and Drive Unit are backed by this Battery and Drive Unit Limited
Warranty, which covers the repair or replacement of any malfunctioning or defectlve Battery or
Drive Unit, subject to the limitations described below. If your Battery or Drive Unit
requires
warranty service, Tesla will repair the unit, or replace it with a factory reconditioned unit. 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. To
provide you with even
more assurance, this Battery and Drive Unit Limited
Warranty will also cover 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 sustained before a Battery fire occurred, or to any damage if the
Battery fire occurred after your vehicle had already been totaled.) Your vehicle's Battery and Drive
Unit are covered under this Battery and Drive Unit Limited Warranty for a
period of 8 years, with
the exception of the orlginal 60 kWh battery (manufactured before
2015) that is covered for a
period of 8 years or 125,000 miles/200,000 km, whichever comes first.
Despite the breadth of this warranty, damage resulting from intentional actions (including
intentionally abusing or destroying your vehicle or ignoring active vehicle warnings), a collision
accident (excluding from Battery fires as specified above), or the servicing or
opening of the
Battery or Drive Unit by non-Tesla personnel, is not covered under this Battery and Drive Unit
or
Limited Warranty.
In addition, the Drive Unit is subject to the exclusions and limitations described in this New Vehicle
Limited Warranty. Damage to the Battery resulting from the following activities is also not covered
under this Battery and Drive Unit Limited Warranty:

New Vehicle Limjted
Warranty for the U.
S. and Canada
Page 23 -
W. ranty Coverage
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
Flooding the Battery.
as
specified above); or
The Battery, like all lithium-ion batteries, will
experience gradual energy or power loss with time
and use. 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. See your owner documentation
for important information on how to maximize the life and
capacity of the Battery.
Warranty Coverage
5
Page 24 Exclusions and Limitations
'
Warranty Limitations
This New Vehicle Limited Warranty does not cover
any vehicle damage or malfunction directly or
indirectly caused by, due to or resulting from normal wear or deterioration, abuse, misuse,
negligence, accident, improper maintenance, operation, storage or transport, including, but not
limited to, any of the following:
Failure to take the vehicle to a Tesla Service Center or Tesla authorized
repair facility upon
defect covered by this New Vehicle Limited Warranty;
discovery of a
.
Accidents, collisions, or objects striking the vehicle;
Any repair, alteration or modificationof the vehicle that was made inappropriately, or the
installation or use of fluids, parts or accessories,made by a
person or facility not authorized
certified to do so;
or
Improper repair or maintenance, including use of fluids, parts or accessories other than those
specified in your owner documentation;
Towing the vehicle;
Improper winch procedures;
Theft, vandalism, or riot;
,
Fire, explosion, earthquake, windstorm, lightning, hail, flood, or deep water;
Driving off-road (applies only to Model S);
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
designed;
,
Overloading the vehicle;
Using the vehicle as a stationary power source; and
The environment or an 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
any of the following:
cover
Any corrosion
or
limitations, this New Vehicle Limited Warranty does not
paint defects including, but not limited to, the following:
Corrosion from defects in non-Teslamanufactured or supplied materials or
workmanship
causing perforation (holes) in body panels or the chassis from the inside out;
Surface or cosmetic corrosion causing perforation in body
panels or the chassis from the
outside in, such as stone chips or scratches; and
Corrosion and paint defects caused by, due to or resulting from accidents,
paint matching,
abuse, neglect, improper maintenance or operation of the vehicle, installation of an
accessory, exposure to chemical substances,or damages resulting from an act of God or
nature, fire, or improper storage;
Non-genuineTesla parts or accessories or their installation,or any damage directly or
indirectly caused by, due to or resulting from the installation or use of non-genuine Tesla parts
or
accessories;
Certain individual items associated with the
vehicle, including, but not limited to: the tires,
Mobile Connector, Wall Connector, any future connectors, and
related
which have
any
charging adapters,
separate warranties subject to their own terms and conditions;
Windshield or window glass that is broken, chipped, scratched, or cracked, other than as a
result of a defect in material or workmanship of a Tesla manufactured or
supplied windshield
or window
glass;

New Vehicle Limited
Warranty for the U.
S. and Canada
Page 25 r=EEEP-
Exclusions and Limitations
General appearance or normal noise and vibration, including, but not limited
to, brake squeal,
general knocks, creaks, rattles, and wind and road vibration; and
Maintenance services, including, but not limited to, the following:
Standard 12 month
or
Wheel alignment or
*
12,500 mile service and diagnostics checks;
balancing;
as cleaning
Appearance care (such
and polishing); and
Expendable maintenance items (such as wiper blades/inserts, brake pads/Iinings, filters,
etc.).
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
IdentificationNumber ("VIND. servicing center name and address, mileage, date of service or
maintenance and description of service or maintenance items, which should be transferred to
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:
each
Complying with any recall advisories;
Carrying passengersand cargo within specified load limits; and
Making all repairs.
,
Although Tesla does not require you to perform all service or repairs at a Tesla Service Center 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 authorized or
certified to work on certain parts of your vehicle. Tesla strongly recommends that
you have all
maintenance, service and repairs 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 V]N
number or actual mileage;
Vehicles that have been labeled or branded as dismantled,
fire-damaged, flood-damaged,
junk. rebujlt, salvage, reconstructed. irreparable or a total loss; and
Vehicles that have been determined to be
a
total loss
by an insurance company.
Damages
Tesla
hereby disclaims any and all indirect, incidental, special and consequential damages arising
relating to your vehicle, including, but not limited to, transportation to and from a Tesla
out of or
Service Center, loss of vehicle value, loss of time, loss of income, loss of
use, loss of personal or
commerclal property, inconvenience or aggravation, emotional distress or
harm, commercial loss
(including but not limited to lost profits or earnings),towing charges, bus fares, vehicle rental,
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
damages in
the vehicle at the time of the claim.
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. Some states or provinces do not
Exclusions and Limitations
7
Page 26 -V--
ExcIusions and Limitations
allow the exclusion or limitation of indirect, direct,
special, incidental or consequential damages,
so

the above limitations or exclusions may not apply to
you.
New Vehicle Limited Warranty for the U. S. and Canada
d
Page 27 ---
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.com if
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
vehicle delivery date, current mileage and a
provide the Vehicle IdentificationNumber (VIN),
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
available on the vehicle registration and title documentation.
In the event of a change of your address,
please contact Tesla at the address or
in the Who is the Warrantor? section of this New
Vehicle Limited
specifed
phone number
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 responsiblefor payment of these taxes.
Reasonable Time for Repairs
You must allow Tesla a reasonable time for
completion of repairs and/or service,
communicated to you in writing by Tesla. Upon notification
Tesla of the
vehicle repairs and/or service, you
own
expense.
are
as
estimated and
by
completion of the
responsible for immediatelypicking up the vehicle, at your
Roadside Assistance (North America)
Tesla Roadside Assistance is a service intended to minimize inconvenience when
your Tesla vehicle
is inoperable. This service is available to you 24/7 by
calling 877-798-3752. For vehicle
malfunctions due to warrantable issues, transportation services,
provided by Roadside Assistance,
are 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 additionaltransportation
from such locations to any additional location. The vehicle must
be covered by the New or PreOwned Vehicle Limited Warranty and located in the North America
Region at the time Roadside
Assistance is requested; however, Roadside Assistance is a
separate service and is not provided
under the New or Pre-OwnedVehicle 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 the New or Pre-Owned
Vehicle Limited Warranty The cost of towing for a flat tire
beyond 50 miles (80 km) and the cost
of the replacementtire(s) are at
your expense. Please refer to our Roadside Assistance policy for
full details and disclosures.
Modifications and 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
regarding the 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
manufactured or sold by Tesla and the applicable warranties.at any time, without
incurring any
obligation to make the same or similar payment or changes for Vehicles Tesla
can
previously
Obtaining Warranty Service
9
Page 28 ,-
..
Obta
.
Warranty Service
manufactured or sold, or applicable warranties including this New Vehicle Limited
Warranty.
Nothing herein shall imply that any Tesla vehicle is free of defects.

New Vehjcle Limited Warranty for the U. S. and Canada
Page 29 '
W. rrahty
Enforcement Laws and Dispute
R-H@ WL.il
In the
U.S., the Magnuson-MossWarranty Act is the federal law which
governs this New Vehicle
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
state, province or territory. Your new vehicle and its safety items
comply with applicable provincial
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.
3500 Deer Creek Road
Palo Alto, California
Attention:Vehicle Service
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 1CAttention:Vehicle Service
Phone number: 1-877-79-TESLA
(1-877-798-3752)
Please include the following information:
*
Your name and contact
information;
VIN;
Name and location of the Tesla Store and/or Tesla Service
Center nearest you;
Vehicle delivery date;
?
.
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
administered by NCDS and 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 dispute settlement program.
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 possibilities for an amicable settlement. In
case an amicable settlement is not
reached, Tesla offers a dispute settlement program that
proceeds in two steps.
if
First, you choose. you may submit your dispute to an
optional dispute settlement program
through the National Center for Dispute Settlement ("NCDS").
Warranty Enforcement Laws and Dispute Resofution
11
Page 30 Warranty
E
orcement Laws and;Di p te
Second, if you prefer not to submit your dispute to the NCDS, or if you are not satisfied with the
outcome of the NCDS procedure, you agree to resolve
your dispute with Tesla through binding
arbitration or small claims court under the terms of the Agreement to Arbitrate in your Vehicle
Purchase Agreement.
Optional Dispute Resolution Through the National Center for Dispute
Settlement (NCDS) (U.S. Only)
In the event that an amicablesettlement is not reached, Tesla offers an
optional
settlement program through:
dispute
NATIONAL CENTER FOR DISPUTE SETTLEMENT
("NCDS")
RO. Box Mt. C]emens, M I 1-866-629-
This
dispute settlement program administered by NCDS is free of charge to you and is conducted
are trained and experienced in mediation and arbitration.
by local NCDS professionalswho
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
arbitrate claims involving a vehicle used primarilyfor commercial
purposes unless the "Lemon
not
Law" of your state covers (1) Vehicles used for commerclal
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
warranty period, provided you sent written notice to Tesla,
defect during the applicable warranty period.
applicable
as
specified above,
of the alleged
To initiate arbitration,you must contact NCDS at 1-866-629-3204 or RO. Box
526, Mt. Clemens, MI
48046, and complete an NCDS customer claim form and mail it to NCDS. Please also
a
provide
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 requesting reimbursement. Upon
receipt of your request, NCDS will contact you regarding the status of your
with additional details about the program.
case
and
provide you
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
evidence is admissible. After consideringall testimony and documents, the arbitrator will review
the applicable legal standards and render a decision. A settlement
satisfactory to all parties may
be negotiated at any time, including prior to or after the arbitrator'sdecision.
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; reimbursement for repairs and
incidental expenses, such as transporting costs; and
repurchase or replacement of your vehicle.
NCDS decisions do not include attorney fees or
punitive, multiple, or consequential damages,
except incidental damages as required by applicable law.
If you are not satisfied with the arbitrator's decision or Tesla's
compliance, you may pursue your
claim in binding arbitration on an individual basis in accordance with the
arbitration provision in
your Tesla Vehicle Purchase Agreement.
Agreement to Binding Arbitration (U.S. Only)
All disputes not resolved by NCDS will be arbitrated under the terms of the
Agreement to
Arbitrate in your Vehicle Purchase Agreement. Under that Agreement,
agreed to resolve
you

New Vehicle Limited Warranty for the U. S. and Canada
Page 31 =
W? Tranty Enforc -m. nt .kaws-ZLIHI1 Dl
p te
JGIYW WLHA
disputes with Tesla by arbitration rather than by litigation in court. Please see the Vehicle Purchase
Agreement for more 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 Purchase
Agreement.
Warranty Enforcement Laws and Dispute Resolution
13
Page 32
Page 33 I
/
PUBLISHED APRIL 27, 2017
Page 34 EXI
BIT 66?
99
Page 35 Tesla, Inc.
Invoice
TigerlailBoulevard
Dania Beach. FL US. Ph
*(754)
SERVICE DEPARTMENTHOURS
Mon-Fri: 9'00 a.m. -6:00 p-m
816-
Fax: (754) 816-
SaturdarSunday.Sat:8:00 a.m.
-
12:
P.m
Ittvoloe number
10-Jun-
3000S
DaWMMam
D-MM-d
09-Jur.2020 09:17:
10-Jun-2020 05:00:
Wmmm
Oaometw Out
16776 Mies
16776 Miles
Amym
M.V.R.# MVE.PAID# FLA
Paid
invoice date
1 BJun-202[) 01:00:
SotvjceAdv*or
Intended Method of Payment
Dominic Masuzzo
o
o
Bm To
Moble Phone
Carlos Bemer
ne
21 ave
Job Number
AdditionalPhone
VehlcleIdenWicalioa Number
Year
Model
Colour

MODEL
+
miami, FL,
Cash o Credit card
Check o No charge
5YJ3E1 EA9JF
LJcense Plate Number
Pearl While
Multi-Coat
Decriptiorl Of Wo,k
Concern: water damage in the
Amount trunk, possibly due to a leak in the trunk with all of the rain.
Yerified cuslomer concem. Tesl To Confirm Waler Ingress No Longer Present ReplacedTrunk Seal. Verified Proper
Operation.
Correction: Seal
Parts
-
Trunk (Remove & Replace)
Replaced or Added
Part
Quantity
M3, Seals,Trunk,

1.
Correction:Test To Confirm Waterlngress No
Longer Presenl
Correction:Clean Up Water Ingress
Pay Type:
Basic Vehicle Limtted Warranty
0.
Concern. Front trunk will not open
Verified alstomer concern.Diagnosed and
Replaced Primary Hood Latch Actuator.Verified ProperOperalion.
Conectlon' General Diagnosis
Correction Actuator
-
Latch Hood
-
-
Primary (Remove & Replace]
Parts Replaced or Added

Part
Quantity
M3 FRUNK LATCH ACTUATORPRIMARY RELEASE
1.
(1098789-00-C)
Pay Type. Basic Vehlde Umited Warranty
Concern:
0.
Charge port door sensor malfunction
Correction:Replace Charge Port Door SensorTarget
Parts Replaced or Added

M
SENSOR TARGET
Quantity
1.
Pav Type; Basic Vehide Limited Warranty
D.
Page
of 3
Page 36 Concern: Scratchbehind drivers side headlght
Appliedlouth up paint as per customerrequest.
Correction.Touch Up Paint Apply (Quick)
-
Price
Adjustment
35.
D.
Subtotal
35.
Pay Type: Customer Pay
Tolal Labo, Amount
Concern: Charge porl door wont open when being
Verified customer concern.
35.
35.
pressed Iron, the outside.
ReplacedCharge Poft Door. Verified Proper Operation.
Correction:Door Charge Porl (Remove & Replace)
-
Parts Replaced or Added
Part

CHARGE PORT DOOR,TOP ASY,GEN3,M3NA(1084854-
Quantily
1.
00-G)
Pay Type: Basic Vehicle Limited Warranty
0.
.
Sevice Center hourly rate: USD 175.
All parts are new unless othenvisespecified. FS403.718 mandates a $1.00 lee lor each new tire
sold m lhe Slate ol Flonda. FS403.7185 mandales a $1.50 lee loreach newer rernanulactured v battery sold in the State of Florida.
You agree that: Tesla is not responsible tor any personal items left in yourvehlcle: Tesla and its
employeesmay access and operateyour vehlde includingon streets, highways, or public roadways
for the sole purpose of testing and/or [nspectiorlof repatrs, Tesla and its
employees may access,
download and use the informabon stored on your vehide's data recorder to se,vice and diagnose
issueswith your vehicle, and Tesla may store and aggregate such data for its own
purposes: an
express mechanic's lien is herebyacknowledgedon yourvehideto secure the amountof repairs
the
and
vehicleowner's
other applicable fees;
insuranceprovides exclusive coverage for the
storage
vehicle whlle it 16 In Teslas possession;and you may be chargedstoragefees of $35/day from the
Total Pa,ts [USD)
0.
Total Labor (USD)
85.
Discount
0.
Sublotal (USD)
35
Tax
2.
TDW Amount {USD)
37.
Total Paid(USD)
37.
Payment Due (USD)
0.
fourth
worlargday after you are notifiedthat repairson your vehicle are complete and thatthe
vehde ts ready for pickup.
Tesla disdaims all express or implied wanantieswith respect to any repairs or productsused in repairs, exceptas
may be setforth in your Tesla-issued New or
Used Veh,de Limited Warranty,Tesla Parts, Body, and Paint Repair Limited Warranty or olher extended service
agreement. Tegla is not responsible for repairs
not performed by, or corrmnen-ts not installed by, Tesla At the time you authorize repairs,
to
receive
you may request
(subject to any applicable core charge) or
inspect replaced parts (excluding inflatablerestraint systemcomponer,ts), except body shop repair parts and parts requtred to be returned to the manufacturer
or a third
party under a wa,ranty or exchange agreement, which wi only be presented to you for examinal,onand nol returned.
1 authorize the repairwork, includingparts, materials and labor, on my vehicle to be done
pursuantto the terrns andconditions as set forth in this service
agreementdocument.
Signature:
Date:
Full Name.
Page 2 of 3
Page 37 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW AND SIGN:
I UNDERSTAND THAT UNDER STATE LAW, I AM ENTITLED TO A
WRITTEN ESTIMATE IF
MY FINAL BILL WILL
EXCEED$100.
I REQUEST A WRITTEN ESTIMATE.
I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS
DO NOT
EXCEED $
THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR
ORAL APPROVAL.
.
I DO NOT
REQUEST A WRITTEN ESTIMATE.
SIGNED:,
DATE:
You further agree and acknowledge that
Tasia is not responsible for loss or damage lo the vehicle or any articlesleft in the vehjde in case of
fire, theft, hail, wind, or any other causes beyond
its control.
Tesla and its employees will turn o# any photo or video capturing devices, such as dashboard
cameras, once we receive Ihe vehicte in preparation lor
servlce and your vehicle'sTesla dash cam will be enabled when you
pick up yourTasia from this Service visit;
Labor charges are not based solely on actual service personnel's time bul are
aggregate prices for specihc services or repairs, which mayincludeflat
rates based on industrv manuals and vehicle condition.
Waste storage and disposal fees are chargedseparately when applicable lo specific services or
repairs, and represent costs and profits to Tesla
which are calculated based on averageannualizedcosts across Tesla service
facilmes,
Items purchasedover the counteror online directlyfrom Teela may be returned within witha
of
.
.
-
,
days
proof pufchase and must be in their originel
labeling attached and in factory packaging (if supplied);
Tasia-brandedpa,ls purchaseddirectly from Tesla oveplhe-counter, online or purchasedand installed
by TeslaSetvice are covered under the 1-esla
Parts, Body, and Paint Repair Umited Warranty for a period ai 12 months
subject to the Bppcable terms, conditions and exdusionsand available at
and uninstedledcondition with factory
.
htlps:#www.tesla
-
*
.
All chargesfor repairs, includinglabor, parts and materials Iumished,are due and
payable simultaneouslywith the return of your vehicleor priorto
return upon Ihe explrat,onof three (3) working days ajter nolice has been sent by Tesla that th8 vehicle is
ready,
If any repair, storage and other
applicablefees remain unpaid for thurty (30) days after a request for payment, Tesla may pursue collection and you will
be responsible for paying all reasonable
attorney's lees and costs for such collection,
if provkleda loaneror rertlalvehde. the vehicle must be
returned within 24 hours of such nolificalionor a daMy usage rateof up to $100 US[) and
appl#cablefees will becharged unlil the return of suchJoarmr vehide;
Tesla may adjusl lhe estlmatedcompletiondate upon notcationto you and is not
responsible for any delays caused by the unavailabilityof parts or
parls shipments; and
Tesla (and any of its subsidiaries) may contacl you via emails, calls, SMS or other
messages includingthrough the T-esla app (collectively,
'messages") to obtain authorizationand provide updates regarding thls Sarvicevisitandyourvehude Standard SMS messageand data rates
apply.
You can withdraw your consent to receive automaied SMS
messages al any time by replying 'STOP"
ulslomer
representative.
or
may
providing written notilloal,onto Tesljs
Page 3 of 3
Page 38 Tesla, Inc.
Invoice
1949 Tigertail Boulevard
Dania Beach, FL, US, Ph..(754) 816-Fax. (754) 816-
SERVICE DEPARTMENTHOURS
Mon-Frt: 9:DO am.- 6:00 p.m
Salurday-Sunday Sal:8:00a.m. 12:P.m
T 2 Srka
-
lm,oko number
3000S
Datemme Received
OaterimePromised
15-Oct-2020 11:41:
20-Oct-2020 05:
Cklometer In
Odometer Out
19025 Miles
19027 Miles
Ready Date
M.V.R.# MV
Paid
Invoice date
20-Oct-
EP.AID# FLRService Advtor
DominicMasuzzo
IntendedMethod oj Payment
o
o
BiO To
Mobile Phone
Cafl[>S Bemer
19030 ne 21 ave
Vehi*
+
miam[, FL
5YJ3E1 EA9JF
Year
cailosberner@yahoo
com
Job Number
Addmonal Phone
Ucer,sePlate Number

Cash o Credjt card
Check o No charge
MODEL
Colour
Pearl White Multi-Coat
Descrlpllo, Of Wotk
Concern: Somethingelse customer stalest Orce
again. water got Into my trunk!! No signs of water damage
unless you Femovecover. See pIGS
visible,
-
Replaced Irunk seal. trunk carpel and adjustedtrunk. Cleanedarea affected. Water
al this time.
Amount (USD)
tested vehideno more leaks present
CorrectionsCarpet Rear Trunk (Remove &
Replace)
-
Parts Replaced or Added
M
QWMM
M3 TRUNK CARPET,
1.
Correction:MobileConnector-UMC
Pans
(Remove& Replace)
Replaced or Added
Part
Quantltv
STORAGE BAG, MOBILE

Correction:Seal Trunk (Remove
-
Parts Replaced
or
1.
&
Replace)
Added
Part
M3, Seals, Trunk,
Ouantlty
1.
Correction: Clean Up Water Ingress
Correction:Test To Confirm Water
lngressNo Longer Present
Pay Type:
Basic Vehicle Umited
Warranty
0.
Page 1 of 4
Page 39 Concern: Check Iire pressure and condition
Tire Pressures sat to Factory Recommendations.
Inspectedtire tread depth. Verified Proper Operation.
found fronl rightlire with a bubble
Tread depth
Front DriverOuter:Front DriverMiddle: Front Driver Inner' Front Passenger Outer: Profit Passenger Middle. Front Passenger Inner: Back Driver Outer: Back Driver Middle: O
Back Driver Inner: Back PassengerOuter Back PassengerMiddle Back Passenger Inner O
Tire replacemenl recommended
No

Tire rolatton reoommended
No
Correction:Check and AdjustTire Pressure
Correction:Check Tire Tread Depth
Pay Type. Goodwill Service
0.
-
Concern: Customer States: All the
speakers make craeklingnoise and it
Sounds like static.
Performedaudio test on speakers no cracklingnoise
present atthis time Audio systems operating as intended
Correction:General Diagnosis No TroubleFound
-
Pay Type: Basic Vehide Urnited Warranty
{
Concern: Diagnostic labor
Diagnostic labor
Correction:General DIagnosis
Pay Type:
Basic Vehicle Limited Warranly
0.
Concern: Cabin filter replacement

Verified customer concern.Replaced Cabin Filter. Verified
Proper Operation.
Correction:Filter- Cabin (Remove & Replace)
Parts Replaced or Added
Pan

HVAC. COMBINATION FILTER.
M3(1107681-00-A)
ammy
2.
Pay Type: Goodwill Service
-
0.
Setvice Center hourly rate: USD 175,
Page 2 of 4
Page 40 All parts are new unless otherwise
specified FS403.718 mandates a $1.00fee Ior each new tire
sold In lhe Slate oi Florida FS403.7185 mandates
a Sl-50 loe foreachnew or
remanujactured v batterysold in the State
ol Florida.
You agree Ihal: Tesla is not
responsible for any personal items left in your vehicle; Tesla and its
employees may access and operateyourveh,daklduding on
streets, highways,or public roadways
for the sole purpose of
testing and/orinspection of repah; Tesla and its
employees may access,
download and use the information stored on
your vehicle's data recorder to service and
issueswith your vehicle, and Tesla
diagnose
may store atld aggregate such datafor jis own
purposes; an
expressmechanic's lien Is he,eby acknowledgedon
your vehde to secure the amount of
repafrsl
storage and other applicable fees; the vehlde owner's insurance
provides exclusive coverage for the
vehicle while il is jn Teda's
possession,and you may be chargedStorageIeee of
from
$35/day
the
fourth working day after you are notified thal
repairson your vehicle are complete and that the
vehicle is ready for pick up.
Total Parls (USD)
Total Labor
0.
(USO)
O.Oo
Discount
0.
Subtotal (USD)
0.
Tax
0.
Total Amount (USD}
0.
Tesla disclaims alr express or implied warranies with
respect toary repaire or products used in
Used Vehicle Umited
repairs, except as may be set fot:h in your Tasia-issued New or
Warranty,Tesla Parts, Body, and Paint Repair Umited
or other extended senice
not performed by, or
agreemetn. Tesla is notresponslblefor repairs
components not inslalledby, Tesia Any parts (includngWarranty
removed
ar replacedby Tesla
of
tiresAvheels)
property Tasia. However, at the time you authorize repairs,
du,ing vehideservice will become the
may requestto receive
you
to
(sublecl any applicablecore chargel or inspect replaced
(excluding inllalablerestrainl system components), except
body
parts
shop
and
repair
parts
parls
to
be
o,
to
required
returned the manufactureror a third
warranty exchange agreement, Which will only be
party under a
presented lo you for examination and not returned.
I authorize the
repair work; includingparts, materials and labor, on
my vehicteto be done pursuantto the terms and
agreemenl document.
conddlons as set forth in this service
Signature:
Date:
FullName:
Page 3 of 4
Page 41 PLEASE READ CAREFULLY, CHECK ONE OF THE
STATEMENTS BELOW AND SIGN:
I UNDERSTAND THAT UNDER STATE
LAW, I AM ENTITLED TO A WRITTEN ESTIMATE IF
MY FINAL BILL WILL
EXCEED$
i
REQUEST A WRITTEN ESTIMATE.
I DO NOT REQUEST A WRITTEN
ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT
EXCEED $
THE SHOP MAY NOT EXCEED THIS AMOUNT
WITHOUT MY WRITTEN OR
ORAL APPROVAL.
.
I DO NOT
REQUEST A WRITTEN ESTIMATE.
SIGNED:
DATE.
You further agree and
acknowledgethat:
.
,
,
?
,
Tesla is not responsible for loss or
damage to the vehide or any arbclet left in the vehicle in case of
lire, theft, hail, wind, or any other causes
As control:
beyond
Tasia and its employees wltl turn ott any
photo Dr video captu,ingdevices: such as dashboardcameras, once we receive
the vehicle jn preparation#or
service and your Vehicle's Tesla dash cam wHJ be
enabled When you pick up vour Tegla from this Service
visit,
Laborchargesare not based solely on actual service personnel's time but are
aggregate prices Ior specific services or repairs, which may include Ha!
rates based on Industry manualsand vehicle condition.
Waste storageand disposal fees are
charged separalely when applicableto specific services or repairs, and
represent costs and profitsto Tes!a
which are calculated based on averageannualizedcosts
across Tesla service
faeilit,es;
Items purchasedover the counter or on Irom
Tesla
be
dlrecily
retumed within 30 days with a prool of purchase and
may
must be in theiroriginal
and unjnstalledcondmon with
faclorylabeling atiachadand in laolory packaging Of supplied),
7-esla-branded parts purchaseddirectly from Tesla over the-counter,online or
and
installed by lesia Service are covered under
purchased
the Tesla
Parts, Body, and Paint Repair Limited Warranty for a period of 12 months
subject toihe applicable terms, conditionsand exdusions and availableat
https://www.
All
,
.
charges for repairs, includinglabor, part: and materids furnished.are due and
payable sjmultaneouslvwith the return of your vehicleor prior to
(3) working days after notice has been sent by Tasia that the vehicle s
ready,
storage
applicable fees remain unpaid for Air'ty{30) days afler a request for
payment, Tesla may pursue collection and you will
be responsible for paying all reasonable
Tees and costs tor sueh collecllon,
attomefs
If
return upon Ihe expiration of three
If any repair,
and other
provideda Ioaneror rental vehicle, the vehicle must be returned within 24 hours of such
notlficationor a dally usage rate of up to $100 USD and
applicablefees will be chargeduntil the return of such Ioanervehjcle;
Tesla may adjust the estimatedcompletiondate upon nollhcationto
you and is not responsible for
.
parts shipmenls:and
Tasia (and any of ils subsidiaries}
may contactyou vla emails, calls, SMS or
any delays causedby the unavailabjlity of pafls or
other messages including throughthe Tesla
app (collectively,
"messages") to obtain authorrzaton and provlde updales regarding this Servicevisit
andyour vehlde Stardard SMS message and data rates may
apply. You can withdrawyourconsent to receive automatedSMS
messagesat any timeby reply,ng"STOF or providingwritten not#fcalionto
Teslds
Page 4 of 4
Page 42 -
Tesla, Inc.
2829 N. Federal
Invoice
Highway
Fort Lauderdale,FL,US 33306-T-ESLG
Ph.: (754) 816-
Invoice date
SERVICE DEPARTMENT HOURS 14-Jun-Mon-Fri 9:00 a.m. 6:00 p.m
iDatenlme Received
-
Saturday-Sunday Sat:8:00 a.m.
p.m'
-
12:
M.MR.# MV
PNd
EP.AID# FLR
Invoice numbew
3000SDaWIime Promised
03-Jun-2021 09.59:
16-Jun-2021 16:45:
OdometerIn
Odometer Out
23074 Miles
23086 Miles
R#UyD11-Jun-2021 14:19:
Service Advisor
: Jon
?
Sdi To
Mobile Phone
Carlos Berner
AdditionalPhone
19030 ne 21 ave
iM
5YJ3E1.EARJFModet

Cash o Credit card C
Check g No charge
o
Vehicle IdentificationNumber

miami,FL
Job Number
Carter-LaSand
IntendedMelhod of
Payment
License Plate Number
MODEL
Colour
!
Pearl White Multi-Coat
Description Of Work
Amoun?(USD)
Concern: Check tire
pressure and condition
Tire Pressures set to
Factpry Recommendations.Inspected tire tread depth. Verihed
Operation.
T,ead
mm
i
Proper
Depth Measure Type
Tread depth
Front Driver Outer
Front Driver Middle:
Front Driver Inner: Front PassengerOuter: Front Passenger Middle. Front Passenger Inner: Back Driver Outer; Back Driver Middle,
I
Back Driver Inner: Back PassengerOuter: Back Passenger Middle: Back Passengerinner.
Tire replacement recommended
No
Tire rotation recommended
No
Correction: Check and Adiust Tire Pressure
Correction: Check Tire had Depth
Correction: Windshield Washer Fluid
Top Off
-
Pay Type: Goodwill Service
-
0.
Concern: Somethingelse customer states: Water
found (for the 4th time!!) in the bottom of trunk
-
0.1 of 4
Page 43 lower
compartment.
Upon inspection and water leak test found water leak to the trunk area
coming from the bottom, from
body plug, install and resealwith a new plug, also applied
body sealant under the body between
water
body panels,
tested again to verify repairs and
proper operation, New rear carpet installed
a
Correction:General Diagnosis
Pay Type: Goodwill Service
-
Concern: Something else customer states' Water found
(for the 4th
k,wer companmem.
-
tjme!!) in the bottom of trunk
Upon inspectionand water leak test found water leak to the trunk area
coming from the bottom, from
body plug, install and reseal with a new plug, also
applied body sealant under the body between
body panels, water tested again to verify repairs and
properoperation, New rear carpet installed
a
Correction:Trim Lid Trunk (Remove &
-
-
Replace)
Parts Replacedor Added
Part
Quantity
2.
00-A)
Cor,ection:Carpet Rear Trunk (Remove &
-
Parts Replaced
or
Added
Part
Quantity
M3, TRUNK CARPET,
UPLEVEL
Replace)
1.
ASY(1091207-97-F)
Correction:Taillight RH (Remove &
-
Parts Replaced
Replace)
or Added
Part
Quantity
STOP,
1.
C)
Correction:Fascia Assembly Rear
(Remove & Install)
-
Parts
Replaced or Added
Part
U-NUT,M5,
Quantity
MM
1.
00-A)
Pay Type: Basic Vehicle Limited Warranty
0.
concern: Customer States Paint
Bubbling On Left Fender
0.
Symptom Image
2 of 4
Page 44 IsCicerorieFlowCompleted
Correction: General Diagnosis
Pay Type:
Basic
Vehicle LimitedWarranty
Service Center hourly rae: USD
All
'Total Parts (USD)
parts are new unless otherwise specified.
0.
You agree that: Tesla is not
Total Labor (USD)
0.
and Ks employees may access and
Discount
0.
responsible for any personal items left in your vehicle; lesia
operateyour vehicle indudmg on streets, highways, or
public roadways for the sole purpose of testing and/or inspection of
repairs:Tesla and its
employees may access, download and use the informationstored on your vehicle's data
recorder to service and diagnose issues with
yourvehide, and Tesla may store and
aggregate such data for Its own purposes;an express mechanlc's lien fs hereby
acknowledgedon your vehicle to secure the amount of repairs. storage and other
applicablefees: the vehicleowner's Insuranceprov,des exdusive coverage for the vehicle
whfle tt is in Tesla's possess,on; and
you may be charged storage fees of $35/day from the
fourth working day after you are notified that
repairs on your vehlde are complete and that
the vehicle is ready for pick up.
; Subtotal
(USD)
;Tax
0.(0-
Total Amount (USD)
Total Paid (USD)
0
Payment Due (USD) 0.
Tasia disdaims all express or implied warranties with
respect to any repairs or products used in repairs, except as may be set forth in
your
Tesla-Issued New or Used Vehicle Limited Warranty, Tesla
Parts, Body, and Paint Repair LimitedWarranty or other extended service
agreement. Tesla is not responsible fov repairs net performed by, or
not installed by, Tesla. Any
parts (indudjng tires/wheels)
removed or replaced by Tesla during vehicle service will become thecomponents
property of Tesla However, at the time you authorize repairs, you may
to
request receive (subject to any applicablecore charge, which you
agree to pay) or inspect
system components),except body shop repatr parts and parts requiredto be returned lo the replaced parts (excludinginltatable restraint
manufactureror a third party under a warranty,
trade-in or exchange agreement, which will
only be presentedto you for examinationand not returned.
l
authorize the repair work including parts, materialsand labor, on
my vehicle to he done pursuant to the terms and conditionsas set fo,th in
agreement document.
this service
Signature:
Date:
FullName:
PLEASE READ CAREFULLY,CHCCK ONE OF THE STATEMENTS
BELOW AND SIGN:
I UNDERSTAND THAT UNDER STATE
LAW, I AM ENTITLED TO A WRITTEN ESTIMATE IF MY FINAL BILL
WILL EXCEED $100.
I
REQUEST A WRITTEN
,
ESTIMATE.
1 DO NOT
REQUEST A WRITTEN ESTIMATEAS LONG AS THE REPAIR COSTS DO NOT EXCEED
$-. THE SHOP MAY
NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN
OR ORAL APPROVAL.
I DO NOT REQUESTA WRITTEN ESTIMATE.
SIGNED:
DATE:
You further agree and
acknowledgethat:
.
*
Tesla is not responsiblefor loss or damage
other causes beyond its control;
to
the vehide or any articles left in the vehicle in
case of fire, theft, hail, wind, or any
Tesla
personnel will turn ofr any photo or video capturing devices, such as dashboardcameras, once
they receive the vehicle In
preparationfor service and your vehide's Tesla dash cam will be enabled when you pick up
Tesla lrom this
your
Service visit;
3 of 4
Page 45 Labor Charges are not based
solely on actual service personnel's Ume but are aggregate
pricesfor specific services or repairs,
which may include flat rates based on
industry manualsand vehicle condition;
Waste storage and disposal fees are
chargedseparately when applicableto specific servicesor
repairs, and represent costs and
profits to Tesla which are calculated based on average annualized
costs across Tesla service
facilities;
.
Items purchased over the counter or online
directly from Tesla may be returned within 30 days with a proof of
in their original and uninstalled
purchase and must be
conditionwith factory labeling attached and Tn
factory packaging (ifsupplied);
.
Tesla-brandedparts purchaseddirectly from Tesla
over-the-counter, online or purchased and installed by Tesla Service are
under the Tesla Parts, Body, and Paint
covered
Repair Limited Warrantylora period of 12 months subject to the
and exdusionsand available at
applicable terms, conditions
tesia.
https://www.
.
All charges for repairs,
including labor, parts and materialsfurnished, are due and
with the return of your
payable
vehicle or prior to return upon the
expiration of three (3) working days afternotice has beensimultaneously
sent by Tesla thatthe vehicle is
.
If applicable, you have the
ready:
to
right choose the licensed repair shop where the damage to your vehicle will be
.
repaired;
All crash parts
meet
the
used
standards
supplied
in manufacturing the
original equipmentreplaced;
.
Il any repair, storage and other
applicablefees remain unpaid for thirty (30) days after a
requestfor payment, lesia may pursue
coI]eclionand you will be responsible for
paying all reasonableattorney's lees and costs for such collection;
It provided a Ioaner or rental
vehicle, the vehicle must be returned within 24 hours of such
notilicatior; or a daily usage rate of up to
$100 USDand applicable fees will be
charged until the return of such Ioaner vehicle;
.
The repair work may not be
completed prior to the date and time noted under Date/Time Promisedand Tesla
estimated completiondate upon notification to
may adjust the
you and is not responsible for
any delays caused by the unavailabilityof parts or
shipments, and
parts
.
.
.
.
kia Cand any of its subsidiaries) may contact
you via emails, calls, SMS or other messages induding
through the Tesla app
(coilectively,"messages.) to obtain authorization and provide updates
regarding this Service visit and
your vehlde Standard SMS
message and data rates may apply. You can withdraw your consent to
receive automatedSMS
messages at any time by replying
"STOP" or providingwritten notification to Tes[a's
customer representative.
4 of 4
Page 46 EX
-
IT 6617,99
Page 47 Carlos Bemer
19030 NE 2(rt Ave
N. Miam,
Beach, rl
305.469
catlo,berner@yahoo.com
October 26,
Tawmomm.MNa'i
3500 Deer Creef React
Palo Alto. CA
Atttmtio,rVehicleServica
Deliveredvm USPS certdied meti
To Whom tt May Concern
This notice p; being submitted ;n
sccordance wtth F'#or,de Statutes,
Warrenties, 5peciflc@14 per Lemon
condition detailed below.
law provisions,
Chapter 681 Motor Vehkle Sales
altowinglesla d finat attempt tocurethe deiect or
Vehicle', VIN. 5YJ3E1EA9JF025ZCustomefs Name: Carlos Berner
Seljer'$ Nanw' Teg}* fIend*, m,.
Vehicle Delivery Date.
8/10/
Vehlde Oel,very Address Tigertdtl INvd. Dania Beach. FL Smce taking pouession of my
veh,cle, I have had to return,t to Tesla? Dania Beach
location a total of
three (3) timus, in an attempt to receive
Droper diagnoitesarld repair& to correct, what stllt
remains an
unexplamedand uncorrecteddefect of Condition. as
summarized below
-
iOMOH TPKiup
.MMilcommm
/*i-er6/Wzoib- -Li/fdlio
j
-
I
flowercompartmentl, poss,bhr
-iMMMe#a
I
to
,
confirm water,ng,8%$no
longer
duetokeakin the trunk with all pte,ent
Replaced trunkseal.Venfied
-
I
t
imeram
i-EBMCOBRfi,9.
i once4,;iri, watertibtIAE;my 1R@UiA;I,itt
IZARBUNG-ca;pktand- trunk (4>wer
i
,
compartmpnti.
1 No w&,ts of water damage
; visible, unless you rernove
LEM-
? I}owercompartment]agam.
'
adjusted trunk Cleaned area affected.
Watet tested vehicle no more leaks
i present at this t,me.
} repairedand was ready for pick up.
UAOZMSp.ecttnffWEYSecondioo.5- '
Page 48 !
!
?
i
at Ume of pick up taround 2.pm on
10/23/21]20}, : found IDWer trunk
compartment was wet, despite Testa's
claim that It had completed repairs and
Mtmnkma .nm.Mme
j
imemmM.acmimgeathe
.
tondition.*,daccepted vehde back for ?
iarviue.
Please find attached copies of the folluwin& documentation
1. MotorVehkk Pu,d,ase Agreement Del,very Decla,at,rn end
related docu,nents

Lemon Law Dlklosure -Notice to Cosumers of Flor,cia
3.
Florida'sVehicle Defect Notifk.ationForn; Slgr,ed and Dcred 10/26/
4,
-
Sedce invoce for repairsconductedfollowtngcomplainrs on
6/9/2020and
SMS (,on,mur,icatfor, between myself and Tesfa service
10/23/Smreip.
F.

TI.P,
10/15/
repfeserttdtivefoikiwinfi complaints on
1i
A
C@rfos Berner
NK
Io/ZGI1ao
i
Page 49 Motor Vehicle Defert Noficat:Bn
*Pkaw pnnt ele*,t, in,nlt Jf pm do net wish
2}
to receivelettca ot
other wrtte, Aoicilittu,tt from
private :ttutneys: dleek be)O*
I DO NOT WiSHTO RECEIVE
WIUTrEN SCLICYTATR>N
Puruam to the Fk,r,da leanora Law, notice N
?
Ml
)
MATFRIAI.4 FROM AN ATTORNEY
given tc the manuiacfurer as fotlowr
The w Wde hn: bitm out of :ervice st least
d;*y#; m rep:tlr one or mor@ su!:-nliat defects
J or mr.
mv attempt. Mminade to
mae .sumewm-i defectorcondition.
Descllption of Lontmuinydefeet,5, or cond,ttonts; -j'ater 5!8{BBf 'n-!he lot,er
co!1egftlneriltloftrunk :
see attached letter for details
(NOTE: this ia ,*ot a complete list; tht nuinu facturcr vh<>utd
Awerfainal]
am
fequeszing that you make a tinir! otle,npt to
Testa
Vehicle Make,-1Sa
VIN

Iorect the goncinu,n@ jubslanlla! defect(s} ,.,r
condition(sh
0 2:5
6.2,
,-9.-,
Name and C,ty;State of
ielimg dealeror leasuig
Seller* Tes lelor,da, inc
.

Tes a, Inc. 1949 T*rtajl
Dale ofDcliwrv
-Year
8/10/
.-
company t,f apphcablr}
Ri9 -Tjgertail Bj*IJaniai#eachi FL -ilf}
Name i,nd City,State ofauthofized service
agenta) altcmptngprevious repairhc
B-kd. Danla eac!1, FL 1302!.
Con*umer Carlos Berner
Address
Model
--Model
Y-J 3.E: l,E,A 9 /L F
repair in fo,mation.)
19030 NEZI Ave
Home phone( 305) 469-
N Miami Beach, FL Date Matled
*-v .?
Page 50 Ilb
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