DoxyLover
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 12:57 am

I got the email too and have no intention of signing away rights for no benefit on my part.

My only fear is that since it is an electronic signature, they may conveniently forget I didn't sign the new contract. I'm thinking I need to send them a signed letter, certified mail with return receipt, stating that I do not agree to the new contract terms.

I'll let this stew for a few days and think about this.
2011 Brilliant Silver Leaf SL
Reserved, quoted and ordered July 11, 2011
Delivered October 16, 2011 (Na. Plug-In Day)

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Spies
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 10:40 am

For those that are curious I did manage to find the original agreement online:
http://www.etec.nissanusa.com/questionn ... agreement/" onclick="window.open(this.href);return false;
Green Honda EV Plus 02/1998-12/2003 plate "ZERO CO2" rip, Aptera 2e #726 canceled
Blue Nissan Leaf SL loaded reserved 04/20/2010 ordered 08/31/2010 EVSE Blink #182
CARWINGS Nickname Theres233, should be Spies

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EVDRIVER
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 10:43 am

There is far to much concern over this, this is just typical procedure and they likely lost all the original electronic files knowing their track record :lol:

oakwcj
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Delivery Date: 19 May 2011
Leaf Number: 2441
Location: Oakland, CA

Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 11:30 am

I haven't received the amendment request yet, but I will not sign it. I have a hard copy of the original agreement. The key provisions are paragraphs 1 and 13:

1. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue until December 31, 2012 unless terminated earlier (the "Term").

13. Changes. This Agreement cannot be modified or amended except by a signed written instrument by both parties.

I will voluntarily consent to allow Ecotality to continue to collect data after the expiration of the agreement, at my sole discretion, and to share the aggregate data with BAAQMD. Unless they offer some serious sweeteners, that's it. Under no circumstances will I allow Ecotality to retain title to my Blink unit after December 31, 2012.
Cayenne Red SL-e
Blink Installed 6/23/11

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Ingineer
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 11:40 am

I'd love to hear a lawyer chime in and give an opinion on the validity of these changes. Seems like I've never seen a valid contract where one party can amend the agreement at will, seems like that would invalidate the whole thing if it's not good contract law. Maybe signing it actually gives us an out! =)

-Phil
Easily Learn Electricity HERE! - - - - Website: http://evseupgrade.com/[/size] - - - - Like us on Facebook: EVSE Upgrade

oakwcj
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 12:11 pm

Ingineer wrote:I'd love to hear a lawyer chime in and give an opinion on the validity of these changes. Seems like I've never seen a valid contract where one party can amend the agreement at will, seems like that would invalidate the whole thing if it's not good contract law. Maybe signing it actually gives us an out! =)

-Phil
One just chimed in in the post above yours. :D I've refrained from chiming in on your EVSE upgrade disclaimer, but it might just have a few teeny problems, too.
Cayenne Red SL-e
Blink Installed 6/23/11

EricBayArea
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Location: Walnut Creek, CA

Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 12:32 pm

Spies wrote:For those that are curious I did manage to find the original agreement online:
http://www.etec.nissanusa.com/questionn ... agreement/" onclick="window.open(this.href);return false;
I signed mine on August 9th 2011. For me and people in my position, the agreement had been changed (with a revision date of June 09, 2011) and can be seen by,
-Go here: http://www.etec.nissanusa.com/participant-agreement/" onclick="window.open(this.href);return false;
-Click "Standard Agreement" (or whichever applies to you)

Mine shows this:
1. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue until April 30, 2013 unless terminated earlier (the "Term"). The Agreement may be terminated early as set forth herein.

13. Changes. This Agreement cannot be modified or amended except by a signed written instrument by both parties.
So the end date of December 31, 2012 is not necessarily correct for everyone, for the original agreement.
Last edited by EricBayArea on Wed Nov 09, 2011 1:13 pm, edited 3 times in total.
Color: Cayenne Red
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oakwcj
Posts: 339
Joined: Wed Apr 27, 2011 9:01 am
Delivery Date: 19 May 2011
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 12:36 pm

EricBayArea wrote:
Spies wrote:For those that are curious I did manage to find the original agreement online:
http://www.etec.nissanusa.com/questionn ... agreement/" onclick="window.open(this.href);return false;
I signed mine on August 9th 2011. For me and people in my position, the agreement had been changed (with a revision date of June 09, 2011) and can be seen by,
-Go here: http://www.etec.nissanusa.com/participant-agreement/" onclick="window.open(this.href);return false;
-Click "Standard Agreement" (or whichever applies to you)

Mine shows this:
1. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue until April 30, 2013 unless terminated earlier (the "Term").
So the end date of December 31, 2012 is not necessarily correct for everyone, for the original agreement.
How about paragraph 13? Does it still prohibit any changes without the written agreement of both parties?
Cayenne Red SL-e
Blink Installed 6/23/11

EricBayArea
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Location: Walnut Creek, CA

Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 1:09 pm

oakwcj wrote:How about paragraph 13? Does it still prohibit any changes without the written agreement of both parties?
Yes, it reads like this:
13. Changes. This Agreement cannot be modified or amended except by a signed written instrument by both parties.
... I just updated my original post as well

In the new contract for me, section 1 STILL has my Term date as April 30, 2013. This is the same date as my original contract. The only thing that is different is paragraph 13 that gives them the "unilateral" ability to change it without me signing off on it. I have emailed back to tell them I do not agree with that change in the contract. We'll see what they say.
Color: Cayenne Red
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earther
Posts: 172
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Leaf Number: 0922
Location: Gilroy, CA

Re: New Bay Area Blink/EVP agreeement?!!

Wed Nov 09, 2011 2:16 pm

oakwcj wrote:Unless they offer some serious sweeteners, that's it...
The use for years of a free EVSE isn't sweet enough?
(not to mention that you get to participate in a study that could potentially provide key data in laying the foundation for an EV charging infrastructure in the usa).

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