Article L. 211-5 of the Consumer Code: To be in
conformity with the contract, goods must: (1)
be fit for the purposes for which goods of the
same type are normally used, and: (i) comply
with the description given by the seller and
possess the quality of the goods which the
seller has held out to the consumer as a sample
or model; (ii) show the quality and performance
which are normal in goods of the same type and
which the consumer can reasonably expect,
given the nature of the goods and taking into
account any public statements on the specific
characteristics of the goods made about them
by the seller, the producer or his representative,
particularly in advertising or on labeling; or (2)
comply with the characteristics agreed
mutually by the parties or fit for any particular
purpose for which the consumer requires them
and which he made known to the seller at the
time of conclusion of the contract and which
the seller has accepted.
Article L. 211-12 of the Consumer Code: The
action resulting from the lack of conformity
must be brought by the buyer within two years
as from delivery of the goods.
Article 1641 of the Civil Code: A seller is bound
to a warranty on account of the latent defects
of the thing sold which render it unfit for the
use for which it was intended, or which so
impair that use that the buyer would not have
acquired it, or would only have given a lesser
price for it, had he known of them.
Article 1648, paragraph 1, of the Civil Code: The
action resulting from redhibitory vices must be
brought by the buyer within a period of two
years following the discovery of the vice.
Italy
The Connector Limited Warranty does not
modify, affect or substitute your rights under
Italian statutory consumer protection laws.
Tesla Motors Netherlands B.V., with its
principal office located at Atlasstraat 7-9,
5047 RG, Tilburg, Netherlands (“Tesla”)
warrants to you, the original retail purchaser
(“you”), that the Mobile Connector will under
normal use be free from lacks of conformity
for a period of two (2) years starting from date
of the delivery.
The legal warranty established by Sections 129,
130 and 132 of Italian Consumer Code
(Legislative Decree of September 6th, 2005,
no. 206) applies to the sale of the Mobile
Connector. Therefore you have the right to
have the Mobile Connector brought into
conformity free of charge by repair or
replacement at your election, unless the
remedy requested is impossible or not
proportionate; in case of failure of one of the
remedies above, you have the right to an
appropriate price-reduction or the right to
terminate the agreement. Unless it is proven
otherwise, it shall be assumed that the defects
arising no later than six (6) months after the
delivery of the Mobile Connector already
existed on the date of delivery. You will not be
entitled to exercise the above rights in case of
failure to notify Tesla of the lack of conformity
within two (2) months starting from the date
on which you detected such lack of
conformity. In any event, the right to file a
complaint before the Courts intended to assert
a lack of conformity not maliciously concealed
by Tesla shall automatically expire twenty-six
(26) months after the delivery of the Mobile
Connector.
Poland
The Connector Limited Warranty does not
modify, affect or substitute your Polish
statutory consumer protection laws, including
under the Polish Act on specific terms and
conditions of consumer sale and amendments
to the Civil Code, dated 27 July 2002.
San Marino
Specific Approval of Clauses by Purchaser
As purchaser of a Mobile Connector, you
expressly agree to the following clauses in the
Connector Limited Warranty:
•Limitations and disclaimers;
•Exclusion and Limitations:
-Warranty limitations;
-Additional limitations and exclusions;
•Voided Warranty;
•Damages;
•Payment of tax for repairs; and
•Warranty enforcement laws and dispute
resolution.
Connector Limited Warranty cont’d
Mobile Connector Rev 1.00.book Page 11 Friday, July 19, 2013 12:30 PM
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