I just received the email from Nissan with an agreement to sign. I attempted to sign it, but it produced an error. I hope they are fixing this soon.I got the same call from Woodfield Nissan in Chicago. They said watch for the email, and it will be very important to respond to it immediately. I believe converting the reserve to a sales order has to be done before Biden signs the bill, which could happen tonight or on Saturday.
Sweet! Can also confirm the $500 deposit is refundable, per the sales manager of my chosen dealership holding my res.I just got the email and the agreement, which is a binding contract between NNA and Customer. The $500 deposit is still refundable. In the end, Customer still needs to consult with a tax advisor concerning eligibility for the tax credit. But I guess this grandfathers one in under the previous tax credit.
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 Customer’s 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 God, 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 INCIDENTIAL 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 ARIYA VEHICLES OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION. CUSTOMER HEREBY WAIVES ANY RIGHT 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.
No confirmation email either. Just the confirmation page in the browser with blanks to write in your name and date. I would have hoped for a document with our name and reservation #, but perhaps that is forthcoming. Nissan did have to create this system in quite a hurry. I am very grateful they implemented this plan, however.Did anyone receive a confirmation email? All I'm getting is a confirmation page in the browser, and it doesn't have my name on it.