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

Mon Jan 30, 2012 12:54 pm

This is the same business practice that Ecotality has tried in the LA area over the past year. You have probably seen the threads on this forum referring to Ecotality (Blink) and LADWP.

So far, refusal to sign the new agreement or agree to new installation requirements has kept them at bay. I expect threads similar to these to pop up in every area Ecotality is running the EV project.
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DoxyLover
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Re: New Bay Area Blink/EVP agreeement?!!

Mon Jan 30, 2012 10:53 pm

I also received the email this weekend, along with a request for a copy of my registration to verify that my Leaf is registered at the same address as the Blink installation. I sent the registration copy, my refusal to sign the updated agreement, and my phone number in case they want to discuss the issues.

Let's see if they call. :twisted:
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ElectricVehicle
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Delivery Date: 18 Jul 2011

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

Thu Feb 09, 2012 1:28 am

I'm following up on how to get this contract to a more reasonable state. For the sake of those who already signed a contract but don't want to sign this new one because of it's unilateral issues and for those who haven't signed up with EV Project yet. This should be pretty a much a no brainer deal and largely a win-win for all parties, but this contract is creating problems that didn't exist.

Has anyone gotten feedback from their lawyer on it? I think clause 13 for Unilateral changes and no requirements to notify the poarticipant of changes would pretty much kill it.

Hopefully we can get some changes that will remove the problems in the contract so all parties can get what they need and this becomes a good deal for all parties.
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Ready2plugin
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Re: New Bay Area Blink/EVP agreeement?!!

Wed Feb 22, 2012 10:49 pm

ElectricVehicle wrote:I'm following up on how to get this contract to a more reasonable state. For the sake of those who already signed a contract but don't want to sign this new one because of it's unilateral issues and for those who haven't signed up with EV Project yet. This should be pretty a much a no brainer deal and largely a win-win for all parties, but this contract is creating problems that didn't exist.

Has anyone gotten feedback from their lawyer on it? I think clause 13 for Unilateral changes and no requirements to notify the poarticipant of changes would pretty much kill it.

Hopefully we can get some changes that will remove the problems in the contract so all parties can get what they need and this becomes a good deal for all parties.
I just received another email today and it still has clause 13. I'm emailing them back to ask for it to be removed, or at least get some feedback from them.

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

Mon Mar 05, 2012 1:13 pm

EcoTality has clients like the DOE and the air districts. You might want to inform the air districts that the "unilateral" nature of this contract is interfering with their project and preventing them from collecting the data. A contract that respects the EV owner and does not leave the legal door open to the addition of arbitrary terms, like changes in privacy, or adding clauses like payments due from the EV driver to EcoTality.

Yes, the charger is a gift and I sincerely appreciate that, on the other hand, I'm not about to give you a legal blank check in return! Clearly the lawyers have gotten very heavy handed and destroyed the intent of the relationship between the parties. I don't think any of the parties really meant to ask for a legal blank check or understood the ramifications. They probably just blindly modeled it after some credit card contracts or legal boilerplate and never bothered to read the contract from the EV owners point of view.

They don't even specify how they will notify the driver of the change or what constitutes notification. I.e. they send you one email that is caught by your ISPs spam filters which you have no control or visibility over - does that mean you are notified? Or more reasonably, you log into their portal and can select "I accept", maybe if you don't they deny you access to the portal, but at least it's a notification has verifiable receipt by the EV driver. Or update the Blink screen that starts the charge, "please read our new agreement here, and accept it to continue use of this charger. You have 5 more charge sessions to accept the agreement or this charger will be disabled." Of course, the 5 charges, reliably counts down with each charge event.

That notification combined with a reasonable, not a black check legal contract is in the interest of BOTH parties. We read it, see the reasonable terms and protections and accept it so that we get the charger (many of us already have it), and EcoTality and it's clients get the data we all need them to have to roll out EVs.
Blue Nissan Leaf SL+QC rsrvd 4/21/10 order 11/24/10 delivered 5/29/11 (Apr May Jun Jul Jun May Jun) Polar Bear Hug 12/11/2010
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It's time to LEAF! LEAF Oil behind!

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