Page 3 of 6

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

Posted: Wed Nov 09, 2011 12:57 am
by DoxyLover
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.

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

Posted: Wed Nov 09, 2011 10:40 am
by Spies
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;

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

Posted: Wed Nov 09, 2011 10:43 am
by EVDRIVER
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:

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

Posted: Wed Nov 09, 2011 11:30 am
by oakwcj
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.

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

Posted: Wed Nov 09, 2011 11:40 am
by Ingineer
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

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

Posted: Wed Nov 09, 2011 12:11 pm
by oakwcj
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.

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

Posted: Wed Nov 09, 2011 12:32 pm
by EricBayArea
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.

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

Posted: Wed Nov 09, 2011 12:36 pm
by oakwcj
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?

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

Posted: Wed Nov 09, 2011 1:09 pm
by EricBayArea
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.

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

Posted: Wed Nov 09, 2011 2:16 pm
by earther
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).