Author | Guan Xuejun
Source | Car selection network
After March 15, a "Letter of Commitment not to resell" on the Internet sent Tesla Motors Sales Service (Beijing) Co., Ltd. to the hot search. The hot point of the "Letter of Commitment not to resell" is whether it infringes on the basic rights and interests of consumers. At present, Zhu Xiaotong, as the legal representative, has not yet responded to the public's concerns.
The main content of the "Letter of Commitment not to resell" is to require 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 agree to provide the vehicle registration and whether it is used according to the agreed requirements 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. If Tesla does issue a Non-Resale Commitment Letter, then Mr. Zhu Xiaotong, who holds an MBA degree from Duke University's Fuqua School of Business, should know what this "Non-Resale Commitment Letter" means to consumers, right?
First of all, consumers buy Tesla, which means that they have the property rights stipulated by the state, and from the beginning of the property rights, consumers have obtained the right to occupy, use, benefit and dispose of the new car. If the consumer is required to sign the "Letter of Non-Resale Commitment" before purchasing the car, it is equivalent to requiring the consumer to give up part of the right to dispose of the vehicle - the car cannot be resold to a third party for 365 days, does this constitute infringement for the consumer? And Tesla also comes with the right to punish consumers - if it violates the commitment, it will pay a penalty of 20% of the invoice price of each defaulted vehicle within 7 days. Mr. Zhu, does this feel that Tesla's public relations in China are too good? We hope that the "No Resale Commitment Letter" is not released by Tesla.
Secondly, perhaps Mr. Zhu Xiaotong's original intention was to crack down on scalpers who scalpers who scalped Tesla orders, but how many "scalpers" were there among tens of thousands of consumers? Because there are several "scalpers" who let all consumers "accompany the binding"? What is the decision to prevent "scalpers" at the expense of violating the rights and interests of consumers? In which MBA case at any university around the world has this practice? From a legal point of view, the "scalper" scalping order is an illegal business act, which should be punished by the judicial organs, and cannot be angered by the kind and simple consumers.
Third, Tesla does have the right to set preconditions for the transaction before transferring property rights. But logically speaking, when consumers sell their vehicles, why should they be restricted by manufacturers? In the second-hand car trading market, there are many cars in one year, and consumers sell them in less than a year, largely because the car retention rate is the highest in one year. If Tesla does issue a "letter of commitment not to resell", does it mean that Tesla is forcing consumers to give up the maximum retention period? In front of consumers, is Mr. Zhu too strong?
Whose "cheese" was moved by the "Letter of Commitment not to resell"? We remember that Tesla Advocates has been asking for her own driving data, which is not yet available. We remember that the National Highway Traffic Safety Administration has launched a formal investigation into Tesla's autopilot system, the results of which have not yet been released. We remember... 365 days a year, 3.15 days a day.
We don't know how far Tesla can go in China, but this treatment of Chinese consumers is also a precedent in the industry. To this end, we have selected Mr. Zhu Xiaotong as the news person of the week in this issue and look forward to Zhu Xiaotong giving Chinese consumers an explanation.
(Image source: Internet)