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Connector Limited Warranty cont’d
Tesla hereby disclaims any and all indirect,
incidental, special, and consequential damages
arising out of or relating to the High Power
Wall Connector, including, but not limited to,
transportation to and from a Tesla Authorized
Service Center, loss of High Power Wall
Connector or vehicle value, loss of time, loss of
income, loss of use, loss of personal or
commercial 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.
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.
WARRANTY ENFORCEMENT
LAWS AND DISPUTE RESOLUTION
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 Connector 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, and to submit to
our dispute settlement program before you
pursue any remedy under these laws. Please
send your written notification to:
Tesla Motors, Inc.
3500 Deer Creek Road
Palo Alto, California 94304
Attention: Vehicle Service
Please include the following information:
•
High Power Wall Connector and Invoice
Date.
•
Your name and contact information.
•
Name and location of the Tesla Store and/
or Tesla Service Center nearest you.
•
Description of the defect.
•
History of the attempts you have made
with Tesla to resolve the concern, or of any
repairs or services that were not
performed by Tesla.
In the event that any disputes, differences, or
controversies arise between you and Tesla
related to this Connector 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 through:
NATIONAL CENTER FOR DISPUTE
SETTLEMENT (“NCDS”)
P.O. Box 526
Mt. Clemens, MI 48046
1-866-629-3204
Tesla requires that you submit your dispute to
our dispute settlement program and wait for a
decision to be issued prior to pursuing any
remedy under federal or state laws (including
15 U.S.C. Section 2310 or California Civil Code
Section 1793.22(b)), although you may be
entitled to pursue a remedy without
submitting under certain state laws or if you
pursue any rights or remedies not created by
these laws. 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
Connector Limited Warranty which arise
during the applicable warranty period
specified in this Connector Limited Warranty.
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.
HPWC_Install_Guide.book Page 21 Wednesday, April 2, 2014 3:30 PM