A few days ago, Tesla was exposed to require car owners to sign a "non-resale commitment letter" caused concern. It is reported that the commitment letter requires the owner to promise not to transfer or actually transfer any vehicle to any third party within 365 days after picking up the car. On March 18, Tesla staff told Nandu reporters that the non-resale commitment letter was aimed at people who bought multiple cars at one time or a year, and had no impact on regular customers.
On March 16, Tesla's "no resale commitment letter" was exposed online. According to the letter of commitment, after the owner signs the commitment letter, "according to Tesla's requirements reasonably as soon as possible to provide the purpose of the car in line with the agreed instructions and support materials, to ensure that all of its purchased vehicles will be registered and actually used in accordance with the vehicle buyer specified in the agreement, there is no purpose of resale to any third party."
At the same time, the letter of commitment also requires the owner to promise not to transfer or actually transfer any vehicle to any third party within 365 days after picking up the car, and agrees to provide the vehicle registration and whether it is used according to the agreed requirements of Tesla within the above one year, including cooperating with the vehicle management office to verify the vehicle registration. If the commitment is violated, the penalty will be paid within 20% of the invoice price of each defaulted vehicle within 7 days, otherwise Tesla has the right to restrict the binding account change of the defaulted vehicle and services such as supercharging.
This letter of commitment is a cause for concern. On March 18, Tesla staff told Nandu reporters that the non-resale commitment letter was aimed at people who bought multiple cars at one time or a year, and had no impact on regular customers. The staff member explained that Tesla needs to protect the needs and experiences of more car owners, and it is normal for individuals to buy 1 to 2 cars, and it is not necessary to sign the commitment letter. However, if someone buys several Tesla cars at the same time for other purposes, or places several orders for Tesla cars in a year, it may affect the rights and interests of other consumers, and such behavior will be restricted.
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, told Nandu reporters that after consumers buy and obtain Tesla vehicles, they naturally have the ownership of the vehicles and have the right to dispose of or resell the vehicles themselves. The letter of commitment restricts consumers' right to resell within 365 days, violating Article 26 of the Consumer Rights and Interests Protection Law, "Business operators shall not use standard terms, notices, statements, store notices, etc., to make unfair or unreasonable provisions to consumers such as excluding or restricting consumer rights, reducing or exempting business operators' responsibilities, or increasing consumer liabilities, and must not use standard terms and technical means to force transactions." Where the standard terms, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, the contents of which shall be invalid." Therefore, the content of the letter of undertaking shall be invalid.
Written by: Nandu reporter Yang Tianzhi intern Tan Ruye