When Jean Matembera’s Tesla Model X was five years and three months old, the air suspension suddenly broke. The used car company refused to cover the NOK 40,000 repair, because they believe the air suspension is a wearing part, and because Tesla’s five-year warranty has expired.
The Tesla had only traveled 86,000 kilometers. NAF Advokat, which is NAF’s legal office, believes that the air suspension function should last much longer, at least 150,000 kilometres.
Matembera, who lives in Arendal, was successful when he complained to the Consumer Complaint Committee. Now he has also been successful in Ringerike, Asker and Bærum District Court, after the used car company appealed the decision there.
Proven
The District Court believes that it has been proven that the defect in the air suspension on Matembera’s car is a manufacturing defect, and that the car does not have the durability that the owner can expect.
The district court has ordered the used car company, which no longer sells cars, but which now operates in another industry, to pay Matembera NOK 30,000. The district court has made a deduction of NOK 10,000, because the repair has ensured an extended lifespan.
For several years, NAF has been working with the air suspension problem on a few years old Tesla Model S and Model X.
– This is the third air suspension case where NAF Advokat has assisted a Tesla owner and won in the Consumer Complaint Committee or the court, says associate attorney Yasmine Halnes at NAF Advokat.
She is very happy to get through the legal system. At the same time, the legislation is such that it is random who gets a covered repair and who doesn’t.
Complaints rules
If Jean Matembera had bought the car new, he would not have had any rights against the seller, because both the claim period and the warranty had expired.
But since it was a second-hand car he bought, a new five-year warranty period began to run when he bought the car.
– When buying a used car, more faults will certainly be considered foreseeable, compared to when a car is factory new. All faults will therefore not give the new owner grounds for a claim. But where a component that is supposed to last a long time, nevertheless breaks during normal use and maintenance, it is different, says Yasmine Halnes.
She says that NAF Advokat still receives inquiries about defective air suspension from owners of Tesla Model X and S.
– If you bought the car less than five years ago, the complaints rules can save you, says Halnes.
If, on the other hand, you bought the car more than five years ago, either as new or as used, you have no rights, even though several judges consider defective air suspension to be a manufacturing weakness.
Thanks NAF
Car owner Jean Matembera is very happy to have won.
– But it was unnecessary for the car dealer to take the case to court, he says.
He is also happy about the assistance he has received from NAF.
– Without NAF, I would not have been able to win this case.
He still has the same Tesla, two and a half years after the air suspension broke.
– After the repair, I haven’t had any problems with it. I’m driving it right now, on my way to work, Matembera says when Motor calls him.
The general manager of the company that sold him the car strongly disagreed with the decision of the Consumer Complaints Committee, which has now largely been confirmed by the district court. Motor has asked if they will try to appeal to the Court of Appeal. The inquiry has not been answered.
