I can see a path to that one if it is attributed to the warranty aspect instead. Similar things exist in conventional cars today even with factory installed parts; launch control is a feature some high end cars have and warranty says you get three of them before you get to replace the relevant parts yourself.
If they can make the case that stuffing higher current/removing limiters would then speak to warranty of the vehicle (higher acceleration, even a "low" as 1 second off the 0-60, can come with some considerable extra demands on the battery, motor windings, control circuitry and mechanical aspects) then this serving as an excess payment in that realm to account for higher probabilities of failure. Warranties on electric cars being quite long compared to petrol/diesel, said cars also not typically making it much further than the warranty lasts but got to let those hippies feel superior.
Second word is still off if someone tries this on for me but that is the engineering path I would take.