Dear Jenny,
Thank you for contacting us and for taking advantage of our 2023 Nissan ARIYA reservation period!
Our 2023 Nissan ARIYA is an excellent crossover to consider and is loaded with safety and comfort features! We are happy to hear you have taken possession of your 2023 ARIYA and per your request, here is the BLANK AGREEMENT FOR INTENT TO PURCHASE, that you previously signed. Below is the verbiage for the binding agreement to purchase.
This Agreement to Purchase is a binding contract between the undersigned Customer and Nissan North America, Inc. (NNA) for the purchase by the Customer of a new Nissan Ariya from an authorized Nissan dealer of Customer's choice.
In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Reservation/Deposit: Customer hereby represents that the Customer has made an online reservation for a Nissan Ariya and paid a $500 deposit. NNA represents that it has received a reservation and deposit of $500 from the undersigned Customer for first access to an opportunity to purchase an Ariya of Customer's preferred configuration when it is available.
Timing of Delivery: The ultimate sale of a specific Ariya vehicle will be made by an authorized and independent Nissan dealer, on terms to be negotiated between Customer and the selling dealer, which will include vehicle pricing. NNA will not be a party to that specific sales agreement. NNA agrees to use commercially reasonable efforts, subject to the terms of this Agreement, to deliver new Ariya vehicles to Nissan dealers in order for Customers dealer of choice to deliver a new Ariya to Customer.
Agreement Not Transferable: This Agreement is not transferable or assignable by Customer.
No Tax Advice: Customer agrees to consult with his/her own tax advisor concerning his/her eligibility for any potential tax credits. NNA makes no representations or guarantees that Customer will be eligible for any tax credit based upon this Agreement under current or future law, and assumes no obligation to defend Customer in any tax proceeding.
Force Majeure: This Agreement does not create any liability for Nissan if any failure to perform is due to an event beyond Nissan's control, including, but not limited to, any act of Cod, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of Nissan's control.
Limitation of Liability: UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL NISSAN BE LIABLE TO CUSTOMER FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER NISSAN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
Applicable Law, Class Action and Jury Trial Waiver: This Agreement, its subject matter, its formation, and any non-contractual disputes or claims related thereto, are governed by the laws of the State of Tennessee. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE NISSAN WEBSITE OR OTHERWISE RELATED TO THE ARIMA VEHICLES OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION. CUSTOMER HEREBY WAIVES ANY RICHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. CUSTOMER AGREES THAT NISSAN MAY FILE A COPY OF THIS AGREEMENT OR THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
Severable: If any provision of this Agreement is held to be illegal or unenforceable in a judicial proceeding, such provision shall be severed from this Agreement and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the parties.
By clicking "I AGREE" below, the Customer is providing his/her electronic signature that you have read and agree to this binding Agreement to Purchase a Nissan Ariya through an authorized and independent Nissan dealer, on terms to be negotiated and agreed upon between Customer and the selling dealer. If you have further questions or concerns and would like further assistance from our agents, please contact us at (800) 335-1428 Mon-Fri 9 AM to 8 PM EST. You may also click here to chat with us Monday through Sunday from 10 AM to 11 PM EST.
At Nissan, we are committed to the highest level of customer service. Please take a moment to provide your feedback through our quick survey: Click Here.
Once again, thank you for contacting us and for taking advantage of our 2023 Nissan ARIYA reservation period!
Sincerely,
Noah
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Noah J.
Product Specialist
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Nissan Marketing
Mail Stop P3C
P.O. Box 685003
Franklin TN 37068-5003 |
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