News: 1699904108

  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

Want a Cybertruck? You're stuck with it for a year, says Tesla

(2023/11/13)


Thinking about buying a Cybertruck? Well, be sure you want it: Tesla is threatening to sue anyone who tries to sell theirs within the first year of purchase.

Tesla updated its [1]terms and conditions [PDF] ahead of the Cybertruck's [2]currently planned release date at the end of this month to add several restrictions for new owners, including the possibility the company might demand "liquidated damages" of $50,000 or the resale price, "whichever is greater," for an unauthorized Cybertruck resale.

By agreeing to purchase the Cybertruck, "you agree that you will not sell or otherwise attempt to sell the Vehicle within the first year following your Vehicle's delivery date," Tesla specified.

[3]

Of course, that doesn't mean Cybertruck buyers are without any resale recourse - Tesla said that it'll grant permission for Cybertruck buyers to resell their trucks for "unforeseen reasons" that it agrees warrants an exception - but only if the company is asked for permission.

[4]

[5]

Even then, Tesla has to be given first right to repurchase the Cybertruck "at the purchase price listed on your final price sheet less $0.25/mile driven, reasonable wear and tear, and the cost to repair the vehicle to Tesla's Used Vehicle Cosmetic and Mechanical Standards." Only if Tesla decides not to buy it are Cybertruck owners free to resell their vehicles. Violating those terms can result in the aforementioned $50k fine, as well as injunctive relief to stop the sale. On top of that, Tesla said it "may also refuse to sell you any future vehicles."

[6]Absolutely smashing: Musk shows off Tesla's 'bulletproof' low-poly pickup, hilarity ensues

[7]Tesla goons will buy anything – including these $150 beers

[8]Tesla launches electric truck it guarantees won't break for a million miles

[9]Tesla Semi, out since December, already facing a recall over brakes

Tesla didn't respond to questions about the restrictions. We were particularly curious about the company's motivation for the one-year resale prohibition, which is only justified in the terms and conditions as due to limited Cybertruck production quantities for its initial run.

During Tesla's Q3 earnings call last month, CEO Elon Musk said that Tesla had "dug our own grave" with the Cybertruck, which has missed multiple scheduled release dates, most recently this past April. The [10]first Cybertruck only rolled off the assembly line in July, and Musk said it will take time for production to reach volume despite supposedly more than one million people reserving the clunky behemoth.

Cybertruck dimensions allegedly leaked

Popular electric vehicle YouTube channel TFLEV [11]claimed last week that the Cybertruck's dimensions were leaked to it by a Tesla insider, including a few updates that contradict what Tesla's still claiming on its website.

Certain things, like its alleged height (70.5 inches or 1.79m ), length (18.6 feet or 5.67m), wheelbase (143 inches or 3.63m) and [12]other details were previously speculated on but unknown. The Cybertruck's tow rating, according to TFLEV's insider source, is 3,000 lbs (1.36 metric tons) lower than Musk's car company is still claiming on its [13]website .

According to Tesla, the Cybertruck will have a tow capacity of 14,000 lbs (6.35 metric tons), but the leaked specs suggest just 11,000 lbs (c 5 metric tons) of towing capacity. That's still more than the Ford F-150 Lightning's tow rating of 7,700 lbs or 10,000 lbs (3.5 or 4.5 metric tons) depending on selected options, but a loss of more than a ton of towing capacity is nothing to sneeze at.

[14]

The Cybertruck's range isn't mentioned in the leaks at all, though Tesla has previously claimed it can go 500 miles (804.6km) on a single charge. Tesla was accused of [15]inflating its range estimates in the past, and it is possible that the Cybertruck's range will be far less once it's towing a heavy load.

Tesla didn't respond to requests to confirm the leaked dimensions, either. ®

Get our [16]Tech Resources



[1] https://regmedia.co.uk/2023/11/13/tesla-terms-cybertruck-addition.pdf

[2] https://www.theregister.com/2023/10/19/tesla_q3/

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZVKqmBOaUnSEMiDpr7wjFwAAAMA&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZVKqmBOaUnSEMiDpr7wjFwAAAMA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZVKqmBOaUnSEMiDpr7wjFwAAAMA&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[6] https://www.theregister.com/2019/11/22/smashing_tesla_cybertruck/

[7] https://www.theregister.com/2023/10/16/tesla_beer/

[8] https://www.theregister.com/2017/11/17/tesla_truck/

[9] https://www.theregister.com/2023/04/03/the_tesla_semi_out_since/

[10] https://www.theregister.com/2023/07/17/first_tesla_cybertrunk/

[11] https://www.youtube.com/watch?v=nFUAE7gBoXg

[12] https://electrek.co/2023/11/08/tesla-cybertruck-specs-leak-14-50-outlet-in-bed/?utm_source=tldrnewsletter

[13] https://www.tesla.com/cybertruck

[14] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZVKqmBOaUnSEMiDpr7wjFwAAAMA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[15] https://www.reuters.com/investigates/special-report/tesla-batteries-range/

[16] https://whitepapers.theregister.com/



What about the free market?

brett_x

Now even capitalism is not convenient for Mr Musk. Maybe he should only lease those trucks so he can maintain total control.

Re: What about the free market?

Yet Another Anonymous coward

If only there was some sort of public court that could first decide sale doctrine like this

Re: What about the free market?

Anonymous Coward

If you actually agree to Tesla's "terms and conditions" when buying the vehicle, the "first sale doctrrine" doesn't apply to you. If you sold it, the buyer would be free of these constraints, yes, but you are in for $50k.

Lee D

Could they do more to make people not want to buy one?

aerogems

Twitler could offer to ride shotgun.

Lee D

And it'll never sell in Europe because it can't pass EuroNCAP tests.

Despite the fact that Musk was praising European sales of his vehicles the other day, he's cut the entire market out of this product purely because he wants his toddler-sketch pedestrian slicer.

DS999

The US is looking at instituting similar rules - NHTSA requested comments on the rulemaking a few months ago.

Yet Another Anonymous coward

>And it'll never sell in Europe because it can't pass EuroNCAP tests.

That only applies to cars, legally this is an iPhone accessory (*).

Memo: hey boss that isn't going to work unless we charge with USB-C and offer user-replaceable batteries

Musk the visionary.

BartyFartsLast

Mostly visions of how badly the Cyberdreck will tank in the marketplace.

Cyberdreck, a product so bad that Musk has to threaten to sue you if you don't want to keep it.

Ace2

“it is possible that the Cybertruck's range will be far less once it's towing a heavy load”

I guess it’s POSSIBLE they’ll have found a way around the laws of gravity and thermodynamics… but probably not.

J. Jonah Jameson laugh.gif

Dan 55

It's almost as if they think that once new owners work out [1]it's a pile of crap that can barely manage to pull 5 tonnes , they'll be selling them off at half price and their own sales will tank.

[1] https://www.youtube.com/watch?v=nuHEbfxjhoY

Re: J. Jonah Jameson laugh.gif

BartyFartsLast

I'm not sure what market they're aiming at, the kind of muppet who wants an apocalypse proof vehicle isn't buying lefty woke EVs that won't work when society collapses and the lights go out, but then Musk seems to be doing his damnedest to put off the market who wouldn't want to tow 5 tons but would buy an EV with his continual rightward lurches.

And on top of that, the thing is fuckugly.

Re: J. Jonah Jameson laugh.gif

Dr_Barnowl

Electrics are far more likely to work in the apocalypse - they're mechanically simpler, but more importantly, don't depend on liquid fuels that deteriorate in storage. The trope of zombie apocalypse survivors finding a running car for months or even years after the event is complete fiction.

Sure, the original diesel engines were designed to run on nut oils, but what's easier to run - a solid state solar panel, or uncle Jimmy's peanut farm and fuel refinery?

Re: J. Jonah Jameson laugh.gif

Jellied Eel

Sure, the original diesel engines were designed to run on nut oils, but what's easier to run - a solid state solar panel, or uncle Jimmy's peanut farm and fuel refinery?

What's easier to make, a solid state solar panel, or a wood gasifier out of a couple of barrels and a bit of bent pipe? Failing that, there's always steampunk. EV's are absolutely the worst option for the apocalypse given you'd need an advanced manufacturing base to make wear parts like batteries. Or an awful lot of patience to trickle charge an EV battery from a couple of solar panels. And that's assuming you don't have insolation problems from any nuclear winter.

Re: J. Jonah Jameson laugh.gif

BartyFartsLast

Or, y'know, you could actually run a good old fashioned IC engine, diesel or gasoline, diesels for example will run well enough on almost any oil that's thin enough, cooking oil peanut oil, kerosene, heating oil etc.

Gas/petrol engines will run on benzene, ethanol, plenty of different industrial hydrocarbons, heck they'll even run on gas, as in propane, butane, LPG, methane, you have a huge range of options.

Good luck finding enough working solar capacity that's small enough to tow behind your EV but large enough to charge it in any reasonable length of time.

Re: J. Jonah Jameson laugh.gif

Matthew "The Worst Writer on the Internet" Saroff

Actually, diesel engines were originally intended to run on coal dust, which he could never get to work, so Rudy moved to the heavy fuel oil.

you agree that you will not sell or otherwise attempt to sell the Vehicle within the first year

Howard Sway

Free Cybertruck! When you buy this $50,000 used plastic bag.....

Hm

Gene Cash

I wonder how this squares with the Florida "you can return your car in a week if you're not happy with it" law... I assume other jurisdictions have similar consumer protection laws.

Re: Hm

lglethal

Consumer protection laws? That doesnt sound very American! How are the Corporations going to run roughshod over people if they're protected by "Consumer Protection Laws"??? Let me call congress, we'll get that fixed in a jiffy...

This Even Legal

aerogems

IANAL and all that, but doesn't the first sale doctrine (in the US, I assume Blighty and the EU have something comparable) basically say that once you sell a physical good to someone you have no control over what they do with it after they take possession? I mean, if I wanted to buy a Tesla for the express purpose of wrapping it around a tree, I can do that. If I want to harvest the batteries from it and use them for something else, I can do that. If I want to pay someone to make some after-market modifications, I can do that. Once money changes hands, it's mine to do with whatever I please.

Re: This Even Legal

Lon24

Except like all Teslas it is a computer on wheels. The computer runs software and without that the vehicle won't run. Hence won't you be subject to any software licensing rules? Goodness me even IBM/RH are restricting the passing on of open source stuff. Tesla don't even have to sue - they can just disable your vehicle in the garage with an OTA update. Job done you naughty boy.

Re: This Even Legal

aerogems

So I can't decompile the software, but the physical hardware is still another story. And just reselling the car doesn't require me to touch the software in any way.

Either way, I suspect that Telsa would have a... ahem... uphill battle in court trying to enforce this new provision. Take any other car maker, and there's nothing stopping me from going to Dealership A, buying 5-10 cars, and then starting my own used car lot. The only real restriction would be I couldn't sell the cars as new, even if they had literally been transported from the dealership to my lot via some kind of Star Trek-like matter transporter. There are people who do this sort of thing in other areas as well. I've heard stories about people who buy clothes at a Good Will or Salvation Army type place, then turn around and sell them on ebay for a profit. The party opposite Tesla would have no shortage of examples to trot in front of a judge or jury of where this sort of thing is perfectly legal and acceptable, and then Tesla would have to explain why they're so special they deserve their own carve out to this established tradition. That's a tough sell.

Easy to see why they might want to try a stunt like this

I could be a dog really

If there is pent up demand*, and limited supply, then those who got in early enough to reserve one can make a nice profit by selling it to someone keen to get hold of one and with deeper pockets. Tesla obviously think it's worth the reputational damage** by trying to control that secondary market - or else take a slice for themselves.

* I do have to wonder who it is that buys them, but it appears that plenty do

** Do they have anything left to damage ?

Of course, over on our (eastern) side of the pond, good luck trying to enforce such a contract. Also, even for those unfortunate to live where you have the best laws money can buy, I would have thought that a contract change AFTER you've put down your deposit (which constitutes a contract for them to sell and you to buy) would be void anyway.

What I don't see is any mention of dirty tricks like "any vehicle bought in the second hand market without our permission gets bricked by a remote firmware update" - with a hefty "fine" to have operation restored. But again, something courts over this side fo the pond would take a rather dim view of.

Pretty sure that's illegal

DS999

My guess is that given how difficult production is they can't produce very many, and want to reduce the size of the waiting list - undoubtedly some people figured that for a small deposit they could get a place in line and maybe sell it for a profit if it is in shortage. Regardless of having a good reason, there's no way a "you can't sell it for a year" would be allowed in the US, or I assume the EU.

Re: Pretty sure that's illegal

Headley_Grange

In the UK Liquidated damages can be put into a contract but they have to relate to genuine damage - i.e. some sort of loss made and those costs usually have to be defined in advance if you don't want to end up in court arguing about them. Typically they apply to delays in deliveries or milestones that can be quantified and the contract would have, say, £/day, or something, up to a limit specified in the contract.

The only way I can think that Musk could consider that LDs apply in this case would be that demand outstrips supply, thereby creating a grey market where buyers sell immediately at a premium thereby "depriving" Tesla of a sale and they would consider this to be damage. I'm not a lawyer, but I'm sure there'd be an argument that the "damage" is self inflicted either by Tesla taking orders for stuff they can't deliver or by not making stuff fast enough.

It depends, of course, how the contract's written and how much money you've got to challenge the richest bloke in the world in court. In the UK it might be considered unfair under the "significant imbalance" rules but it would still need someone to go to court.

Hmmm

lowwall

I've only seen this sort of thing from automakers of limited production supercars. It's meant to keep the very wealthy inside their formal or informal buyers programmes, where members are expected to spend a certain amount per year or purchase less desirable models in order to get on the lists for the good stuff.

That certainly doesn't apply here. This is a mass market car by a mass market car maker. So we can only conclude that Tesla suspects either that resale values will be well under their asking price, the demand for the truck will be limited enough that used sales will directly affect new car sales, or both.

owluca

It is clearly a rule to prevent Speculation: like what happens for the immediate resale of tickets before a game or concert, or famous shoes or also very new tech product of a well known company.

It is a sign of due respect for those who put 100$ dollars for booking many years ago and are still waiting.

It is very "strange" that only the audience of the register does not understand this, the Authors of Register should carefully think about this issue.

Anonymous Coward

It is very strange that only Elon fanbois believe that sort of bullshit is acceptable and then try to make excuses for him instead of accepting that he's gone insane.

More money than brains?

Mitoo Bobsworth

I know taste is a personal thing, but I can't fathom why anyone would buy such a hideous miscarriage of styling other than for having a laugh.

Speculative Investment

gecho

I wonder how many of the early pre-orders were speculators looking to immediately flip the purchase.

YOW!! Up ahead! It's a DONUT HUT!!