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Walmart Sues Tesla Over Rooftop Solar Fires

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Published on August 22nd, 2019 |

by Steve Hanley

Walmart Sues Tesla Over Rooftop Solar Fires

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August 22nd, 2019 by Steve Hanley

Update: This story may not be as straightforward as initially presented:

We’ve reached out to Tesla to ask for further commentary.

Another update (full linked document also available here):

As a 3rd update, read our new piece on this story, which is basically Part 1 of this subject: What’s The Real Reason Walmart Is Suing Tesla?

Back in 2010, Walmart was one of the first major companies to get involved with the solar power revolution. It teamed up with SolarCity, the rooftop solar company started by Elon Musk’s cousins Lyndon Rive and Peter Rive, to install rooftop solar arrays on 224 of its stores.

To date, seven of those rooftop installations have caught fire, causing millions of dollars in structural damage and lost sales. Unable to resolve their differences, Walmart has now sued Tesla, claiming the company, which purchased SolarCity in 2016, has been guilty of a long list of failings ranging from negligence to incompetence to mopery on the high seas.

Image courtesy SEIA/Solar Means Business report

The SolarCity Mess
We are accustomed to thinking of Tesla as a well managed company with a clear road map to the future in place. Yet it has floundered repeatedly with the solar end of things since acquiring SolarCity, a decision many analysts said at the time was little more than a bailout for a pair of cousins whose company was about to sail over the brink of viability into the ignominy of bankruptcy.

According to a reporter at Business Insider who has a long history of negative Tesla stories, the complaint by Walmart says Tesla has no explanation why the rooftop systems caught fire, adding that Tesla had no accurate drawings of the solar panels, no procedures in place to deal with the issue, and no employees trained in how to inspect or fix them. In fact, its own employees had to show Tesla employees where there were cracks and temperature issues involving the solar panels.

Tesla says its inspections found 157 areas that need repair or replacement at all 224 stores. Walmart claims the total number of defects is far higher. “On information and belief, the actual conditions are worse than as documented by Tesla, based on Tesla’s history of deficient and incompetent inspections, including Tesla’s reliance on untrained, unqualified, and unsupervised personnel to install and maintain the systems,” Walmart said in its court filing.

According to CNBC, Walmart alleges in its claim that Tesla bought SolarCity to “bail out the flailing company” and mentions SolarCity 46 times throughout the lawsuit. The complaint further alleges that SolarCity created a culture that tolerated defects because of its desperate need to keep cash coming in the door and that Tesla has failed to address that issue.

Lastly, it also accuses Tesla of filing reports that said it had made repairs to Walmart’s roofs when it had not. As part of the relief sought, Walmart is seeking to terminate its solar roof contract with Tesla and force Tesla to remove all the rooftop systems it has installed on the roof of Walmart stores.

Were Investors Told?
The suit raises a lot of “he said, they said” issues that will get thoroughly hashed out in court. But the most important threat to the company comes from what Tesla may or may not have told its investors — both stockholders and bondholders — about its financial exposure as a result of the Walmart situation. Business Insider asks a number of cogent questions:

Did Tesla ever disclose the loss of Walmart’s business to shareholders?
Did Tesla ever disclose the loss of Walmart’s business to SolarCity bondholders?
Is Tesla concerned about possible class actions related to SolarCity roofs now?
Does Tesla have insurance that would cover a lawsuit like that?
Have other customers (homeowners or businesses) experienced fires like this?

CleanTechnica is often accused of being a Tesla fanboy site. It’s true that we do write a lot of articles that are laudatory of the company and its chief executive. Yet, it’s possible our hero has the proverbial feet of clay. He does have a penchant for over-promising and under-delivering, for moving fast even when yellow caution lights are flashing.

Confusion Abounds
Plenty of outside observers have suggested Elon Musk bullied the board of directors for both Tesla and SolarCity to approve a merger without completing the due diligence such a decision required. Since the merger, Tesla has altered its solar business model multiple times, first dismantling the door-to-door sales model SolarCity followed, then announcing a major link-up with Home Depot that was quickly cancelled, and also rolling out a splashy reveal of the Tesla Solar Roof nearly two years ago.

In the meantime, Gigafactory 2, the Tesla solar factory in Buffalo, New York, seems to be drifting along and doesn’t get the attention, fanfare, or revolutionary output figures many expected. Even deliveries of the company’s Powerwall residential home battery are way behind schedule. But for the company’s success in utility-scale battery storage, the SolarCity piece of the Tesla puzzle seems to be running poorly and is a huge hit to Musk’s aura of invincibility.

It’s not hard to argue that Tesla could have pursued its energy storage ambitions without taking on the debts of SolarCity. The latest debacle with Walmart could be a serious black eye for the company, one that could cause a loss of confidence in Tesla and its leadership at a critical time for the company.

About the Author

Steve Hanley Steve writes about the interface between technology and sustainability from his home in Rhode Island and anywhere else the Singularity may lead him. His motto is, “Life is not measured by how many breaths we take but by the number of moments that take our breath away!” You can follow him on Google + and on Twitter.

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Mahindra introduces New Bolero City Pik-Up

Newsroom/Press Releases/Mahindra introduces New Bolero City Pi…

Mahindra introduces New Bolero City Pik-Up

Best suited for Intra-city applications

Competitively priced at Rs.6.25 Lac (ex-showroom, Bengaluru)

New Bolero City Pik-Up is perfectly suited to city applications with its easy manoeuvrability, stronger suspension, bigger cargo box and reliable, high-power engine.

Specially designed for City Application with a shorter bonnet, leading to better manoeuvrability on narrow and crowded city roads.
Higher payload capacity of 1.4T and a large 8.7 ft cargo box
Strong Suspension – the rear suspension is over slung in nature allowing for a higher loading capability
Large 215/75 R15 inch (38.1 cm) tyres for better road grip and overloading
Warranty of 3 years/ 1 lakh kilometers for complete peace of mind
Superior performance with the proven 2,523cc m2Di engine, power of 46.3 kW (63 HP) & torque of 195 Nm
Wider co-driver seat for comfortable seating of people in the cabin
Aimed at transportation needs of stand operators, small & medium scale businessmen and traders across India to ensure last-mile connectivity

Bengaluru, August 29, 2019: Mahindra & Mahindra Ltd., a part of the US $20.7 billion Mahindra Group and a leader in the Indian pick-up segment, today announced the launch of the ‘New Bolero City Pik-Up’, an addition to its ‘pick-up’ range. This new model scores high on parameters such as manoeuvrability, reliability and comfort, and is available at a competitive price of Rs.6.25 lac (ex-showroom, Bengaluru).

The New Bolero City Pik-Up has been developed keeping in mind the need for easy manoeuvrability, ruggedness and comfort. The new model boasts a strong suspension, with the rear suspension strengthened to take any type of load in city driving conditions. The cabin ergonomics have been further enhanced with a wider co-driver seat, giving the best driving experience during intra-city business trips. All these make the New City Pik-Up an ideal pick up for urban goods transportation.

Speaking on this occasion, Vikram Garga, Vice President – Marketing, Automotive Division, Mahindra & Mahindra Ltd. said, “”As market leaders in the pick-up segment for over two decades, it is imperative that we know the pulse of the market; hence new product offerings at regular intervals are necessary. With The launch of City Pickup, Now Bolero Pik-up Range has clearly defined portfolio for different needs – 1.7T Bolero Pickup for Intercity Application and Bolero City Pickup & Bolero Maxitruck plus for Intra city application. The new Bolero City Pik-Up reflects our customer centric approach to delivering on the increasing need for better manoeuvrability in cities, to counter traffic congestion, along with enhancing the earning potential for our customers, while retaining the tough and rugged DNA associated with Bolero Pick-ups”.

The New City Pik-Up is powered by Mahindra’s proven 2,523cc, m2Di, four-cylinder, diesel engine providing power of 46.3 kW (63 HP) & torque of 195 Nm for better performance. The City Pik-Up has a payload capacity of 1.4T and an 8.7ft x 5.6ft cargo box to carry heavy loads effortlessly. It sports eye catching wrap around headlamps, a stylised front chrome grille, a trendy dual tone instrument panel and comfortable fabric seats with matching door trims, giving it a more stylish and elegant look.

With a warranty of 3 years/ 1,00,000 kilometres and minimal maintenance costs, customers are guaranteed to earn more profit and have complete peace of mind.

As leaders in the pick-up segment for 20 years, Mahindra has continuously focussed on understanding the evolving needs of its customers in the areas of performance, reliability, profitability and comfort. To add to this, the widespread Mahindra dealer network facilitates easy repairs and servicing. Today with over 15 lakh delighted customers in India, the Bolero Pik-Up range scores far higher than its competitors.

About Mahindra

The Mahindra Group is a USD 20.7 billion federation of companies that enables people to rise through innovative mobility solutions, driving rural prosperity, enhancing urban living, nurturing new businesses and fostering communities. It enjoys a leadership position in utility vehicles, information technology, financial services and vacation ownership in India and is the world’s largest tractor company, by volume. It also enjoys a strong presence in agribusiness, aerospace, commercial vehicles, components, defense, logistics, real estate, renewable energy, speedboats and steel, amongst other businesses. Headquartered in India, Mahindra employs over 2,40,000 people across 100 countries.

Learn more about Mahindra on www.mahindra.com / Twitter and Facebook: @MahindraRise

Media contact information:

Mohan Nair
Vice President (Communications)
Mahindra & Mahindra Ltd.
Office Direct Line – + 91 22 28468510
Office Email Address – nair.mohan@mahindra.com