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Yes, that is a nasty situation! But, regardless, IMHO, a device that COULD pull 40A has no business being installed on a 30A circuit, especially if it is software limited and OTA updates could be applied. Programmers make mistakes and pressure to release software doesn't always find all of the bugs until something happens.
I do own an adjustable level 1/2 device, but it requires you to reset it each time prior to plugging it into a vehicle. FWIW, at least when used at home, the places where I could plug it in are sufficient for the 80% rule. That device was bought as a backup, in case of travel, or the hard-wired one happened to bite the dust.
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