New Bay Area Blink/EVP agreeement?!!

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I want to add a warning here that if you are thinking of signing up for the Blink membership, the new RPA is embedded in the signup agreements. The Blink membership is discussed here

http://www.mynissanleaf.com/viewtopic.php?f=43&t=7216" onclick="window.open(this.href);return false;
 
greenleaf said:
I want to add a warning here that if you are thinking of signing up for the Blink membership, the new RPA is embedded in the signup agreements. The Blink membership is discussed here

http://www.mynissanleaf.com/viewtopic.php?f=43&t=7216" onclick="window.open(this.href);return false;
Thanks for pointing that out greenleaf! ECOtality is trying really hard to get one to agree to those new terms.
 
When did we sign or agree in the first place? Online on the Nissan site? Or through ecotality? I signed up earlier this year (when first rolled out for the Bay Area) but didn't have my EVSE installed until October so I'm not sure which terms apply to my installation.
 
lemketron said:
When did we sign or agree in the first place? Online on the Nissan site? Or through ecotality? I signed up earlier this year (when first rolled out for the Bay Area) but didn't have my EVSE installed until October so I'm not sure which terms apply to my installation.

Ecotality sent me the RPA [Residential Participation Agreement] as an email attachment. There was a link to their website to sign electronically. I printed out a hard copy when I signed it. In all likelihood, you have the same version of the RPA that I do: expiration date: 12/31/2012, amendments only with the consent of both parties.
 
Back in November I received the updated contract. I emailed ECOtality and told them I do not agree with their change in section 13. I received a response a few days later from a lady (I can't remember her name and can't find the email) saying that she would like to contact me to discuss. I replied at the time and told her that was fine. I never did hear from her.
 
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.
 
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:
 
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.
 
ElectricVehicle said:
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.
 
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.
 
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