April Deliveries

[Fishleafer]

With so many line jumpers getting car delivered, Nissan obviously is not attempting to deliver the cars in the order of ordering. I am wondering if Nissan is looking forward to having a class action law suit from "Sept/Oct" group who are passed over, and end up with missing this year's CA rebate.

 

[SteveInSeattle]

I very much doubt that one can claim damages given that you always have the option to NOT BUY THE CAR if the fund has run out. It would be a pretty funny lawsuit, "Your honor, I chose to buy it knowing the fund had run out, but make them pay me the $5,000!"

 

[Stoaty]

I doubt Nissan has a legal responsibility to make sure someone gets the CA rebate. That's between the purchaser and the state of California.

 

[garygid]

Anybody getting a "fixed" LEAF, please check the firmware Version Number: 3NA0?
Thanks

 

[z0ner]

No offense sdbmania, but SOLE ordered almost FIVE MONTHS before you and therefore deserves to take delivery in advance of you, whether you have a car or not.

 

[sdbmania]

No offense sdbmania, but SOLE ordered almost FIVE MONTHS before you and therefore deserves to take delivery in advance of you, whether you have a car or not.

None taken.

I'm just overly excited about the leaf!

The reply I was making to SOLE was poorly executed and I didn't mean to sound snobby, so I made a little edit.
Sorry, I didn't catch it sooner.

 

[gbshaun]

I very much doubt that one can claim damages given that you always have the option to NOT BUY THE CAR if the fund has run out. It would be a pretty funny lawsuit, "Your honor, I chose to buy it knowing the fund had run out, but make them pay me the $5,000!"

I'm not a lawyer, though I know how to hire one, and I'm not so sure there wouldn't be a case with a reasonable chance of success, and I'd be open to being a party to it if I do indeed miss out on part of the $5k due to Nissan's mistake. Individually it's barely worth claiming, but together it probably is.
AFAIK, within the same region, Nissan stated the cars would be issued based on the order in which they were ordered (reserved?), and it looks like they are about to break that stated policy. This will almost certainly cause a financial loss to many CA reservation-holders who placed their deposit, and made their order, based on the original promise from Nissan. For any number of justifiable reasons we may have gone ahead with the purchase anyhow, but the financial loss will still have occurred due to Nissan's breach of contract.

Nissan's least expensive way out of it, AND ETHICALLY THE CORRECT THING TO DO, would be to guarantee right now make up any difference to those CA buyers who do lose out due to Nissan's mistake.

I'm sure some from other states think that we in CA should be thankful for any state rebate, but remember we pay a higher rate of income and sales tax than those in most other states so it's important that we each get the rebates that are due to us.

 

[thankyouOB]

With so many line jumpers getting car delivered, Nissan obviously is not attempting to deliver the cars in the order of ordering. I am wondering if Nissan is looking forward to having a class action law suit from "Sept/Oct" group who are passed over, and end up with missing this year's CA rebate.

good luck with that.

 

[thankyouOB]

there is some entitlement run riot on this site.
let's say I was a really bad lawyer and worked for Nissan and brought up the tsunami and earthquake as a defense. It kept us from executing the plan to reorder.
unforeseen natural disaster provides a legal exemption.

I very much doubt that one can claim damages given that you always have the option to NOT BUY THE CAR if the fund has run out. It would be a pretty funny lawsuit, "Your honor, I chose to buy it knowing the fund had run out, but make them pay me the $5,000!"

I'm not a lawyer, though I know how to hire one, and I'm not so sure there wouldn't be a case with a reasonable chance of success, and I'd be open to being a party to it if I do indeed miss out on part of the $5k due to Nissan's mistake. Individually it's barely worth claiming, but together it probably is.
AFAIK, within the same region, Nissan stated the cars would be issued based on the order in which they were ordered (reserved?), and it looks like they are about to break that stated policy. This will almost certainly cause a financial loss to many CA reservation-holders who placed their deposit, and made their order, based on the original promise from Nissan. For any number of justifiable reasons we may have gone ahead with the purchase anyhow, but the financial loss will still have occurred due to Nissan's breach of contract.

Nissan's least expensive way out of it, AND ETHICALLY THE CORRECT THING TO DO, would be to guarantee right now make up any difference to those CA buyers who do lose out due to Nissan's mistake.

I'm sure some from other states think that we in CA should be thankful for any state rebate, but remember we pay a higher rate of income and sales tax than those in most other states so it's important that we each get the rebates that are due to us.

 

[Beachcliffs]

Looks like it is time for me to move to this thread. Sometime late last night/early this morning my dashboard went from "month of June" to "week of April 06, 2011" - Ummhhh, unless I am reading my calendar wrong, that was last week -GO FIGURE?????

Since absent a time machine, Nissan cannot deliver a car to me last week, I truly have no idea as to what to think at this point.

 

[jcesare]

there is some entitlement run riot on this site.
let's say I was a really bad lawyer and worked for Nissan and brought up the tsunami and earthquake as a defense. It kept us from executing the plan to reorder.
unforeseen natural disaster provides a legal exemption.

The legal term is "force majeure"
http://en.wikipedia.org/wiki/Force_majeure

It was recently invoked in Libya to release it from its oil contracts.
http://www.aolnews.com/2011/02/22/force-majeure-libya-oil-exports-move-explained/


On a lighter note, I finally got my 7 day email and my DB now has a 4/22 date.

 

[z0ner]

Minor change overnight: "Week of" bumped up two days to 4/20. That would exactly coincide with the last date within the 7-day email. That takes it from Earth Day to Smoke from Earth Day :lol:

It seems I should be getting the call from Fontana very soon now.

 

[abasile]

My delivery was pushed back again overnight, from "week of" 4/22 to 4/26. Considering the large backlog of cars at the port, this shouldn't be surprising, since it is anyone's guess what order they are parked in. It sure is good to see movement, though.

 

[smkettner]

With so many line jumpers getting car delivered, Nissan obviously is not attempting to deliver the cars in the order of ordering. I am wondering if Nissan is looking forward to having a class action law suit from "Sept/Oct" group who are passed over, and end up with missing this year's CA rebate.

Good discussion for a different thread. All April deliveries will get the rebate.

 

[daniel]

This probably does not even belong in this thread anymore, but I posted here before so...

I was "Month of May"; then I was "Week of April 22" and my dealer told me my car was in Portland; then I was "Pending," and now I am "Month of July, 2011."

How can it take three months, if my car is in port, for them to re-flash the firmware??? Maybe they've taken back my vin # to give the car to someone else and my Carwings page has not yet been changed to reflect it? Maybe my original car, which the dealer said was "lost" has been found and they've switched me back to that one, with the consequent delay, but the reported vin has not been revised? Is it possible that they can only reflash 3 or 4 cars a day in port??? At this rate Tesla will be selling the Model S before Nissan delivers me a Leaf.

Or maybe (??????????) it's just the usual dashboard screwup?

Maybe I need to quit posting in this thread and post in the Month of July thread, if there is one. I am not a happy camper today.

 

[takoyaki]

I doubt Nissan has a legal responsibility to make sure someone gets the CA rebate. That's between the purchaser and the state of California.

I think there is a case for class action to the fact that they made a false statement that orders will be strictly processed in the reservation/order number. We put in $99 for that commitment and if they are not following to their commitment I think they are subject to misadvertising or even breach of contract. So the claim would be not about if someone got the CA rebate or not but whether they skipped over people. Everyone after the Lucky Ducks would be part of the class.

Heck, there are guys who track ships and flies choppers on this board. There must be good lawyers whom can give their insight.

 

[Beachcliffs]

Good discussion for a different thread. All April deliveries will get the rebate.

Yes, but the question remains "how many people with April delivery dates will actually take delivery in April?". Clearly, there is no way to really tell at this point.

 

[gascant]

Good discussion for a different thread. All April deliveries will get the rebate.

Yes, but the question remains "how many people with April delivery dates will actually take delivery in April?". Clearly, there is no way to really tell at this point.

Let's do some math...assume there are 30 LEAF dealers in California (might be low), each of which will deliver 8 LEAFs/week going forward. That's 240/week. The latest check on the CVRP web site shows $5M left in the fund (not sure if that includes the recent $2M added), so that's upwards of 1000-1400 cars that can get the rebate. At that rate, it's another 4-6 weeks worth of deliveries. So anyone with an April date SHOULD get the rebate, and probably a lot May deliveries will, too. To double check, I went to the spreadsheet and counted about 33 dealers in California (just kept track in my head as I'm feeling lazy this morning). I doubt each will deliver 8/week so the numbers above would be a little conservative (or aggressive depending on your perspective :lol: ). I'm first week in May and I'm not sweating it.

 

[gascant]

OK, so I did download the spreadsheet and sort it so I could count the dealers, and my quick count was 43. If they each deliver 6/week, the numbers still add up. Some will deliver more and most will deliver less.

 

[Beachcliffs]

Let's do some math...

Hard to do the math until one receives "the phone call" from PD indicating that their car is actually ready to be picked up from the lot. At this point, it is really hard to put much faith in DB or CS information.