Anyone's re-order contract different then sample?

[lipper03]

Has anyone's re-order contract been different then the sample copy?

There were tech issues Friday Jan 12th, and after Vans did something on the backend after a phone call, I did get a docusign email, but that new contract is missing a section and changed in another, but shows the same footer version number as the sample copy in the FAQ. I did sign earlier in December for another one of my kits, and that contract matched the faq sample. I've emailed Vans back about the issue, but no response yet.

 

[lipper03]

So everyone's is the same as the sample copy? Just checking, as I don't want to mess this up and sign a wrong copy.

 

[Paul Thomas]

Mine appeared to be the same, although I didn't compare word for word.

 

[lipper03]

Mine appeared to be the same, although I didn't compare word for word.

This one I got Friday had different wording in the deposit section, and the cancellation section was gone in it's entirety vs the FAQ doc and the one I signed already. So I'm trying to figure out if it's right or if they are still working on resolving a tech issue.

 

[apicreator]

What were the provisions in the cancellation section which were gone?

 

[Paul Thomas]

This one I got Friday had different wording in the deposit section, and the cancellation section was gone in it's entirety vs the FAQ doc and the one I signed already. So I'm trying to figure out if it's right or if they are still working on resolving a tech issue.

You're right; it's gone in mine too. Given Van's past integrity, I have to think it's a mistake and that they will fix it. If it's not, that would be REALLY disappointing and misleading to remove language like that and not update the version of the contract (both are v07.07).

I signed only after my wife and I both closely read the cancellation language. We are both attorneys so I feel like a fool for not catching this until now. If I hadn't gone to get the cancellation language for this post, I wouldn't have known. She's not going to be happy when I fess up and I sincerely hope it's a mistake and the cancellation policy can be added back into the contract.

Hopefully, Van's fixes it. If it's not an error, not being able to cancel when Van has a blank check to raise the price to whatever they want and we don't know when delivery may take place is INSANE.

Disclaimer: While I'm a lawyer, I'm not your lawyer and not giving legal advice. Legal advise should be sought by someone barred in the appropriate jurisdiction and familiar with that area of the law.

 

[Paul Thomas]

I attached both the relevant portion from the sample contract and the signed contract.

Sample:

Signed Contract

 

[RomeoHotel]

We have signed our contract with new prices for the RV-12iS fuselage and finish kits on 12/19/2023. The wording appears to be the same as in the sample contract. Still waiting on the new prices for avionics (already fully paid), engine and propeller (both deposits paid).

 

[lipper03]

You're right; it's gone in mine too. Given Van's past integrity, I have to think it's a mistake and that they will fix it. If it's not, that would be REALLY disappointing and misleading to remove language like that and not update the version of the contract (both are v07.07).

I signed only after my wife and I both closely read the cancellation language. We are both attorneys so I feel like a fool for not catching this until now. If I hadn't gone to get the cancellation language for this post, I wouldn't have known. She's not going to be happy when I fess up and I sincerely hope it's a mistake and the cancellation policy can be added back into the contract.

Hopefully, Van's fixes it. If it's not an error, not being able to cancel when Van has a blank check to raise the price to whatever they want and we don't know when delivery may take place is INSANE.

Disclaimer: While I'm a lawyer, I'm not your lawyer and not giving legal advice. Legal advise should be sought by someone barred in the appropriate jurisdiction and familiar with that area of the law.

Not a good sign that’s it’s not just me, still waiting on a response, but they are closed today.. I’m not holding my breath though for a response before the deadline.

 

[sc_pilot]

Not sure if this is thread drift from your original topic but I’ll ask anyways even if this may be considered a legal question. That cancelation terms sounds like a way for us to cancel the contract and not need to file a claim? Is the first deposit considered our original deposit from months or years back?

Say this is the same wording for my case: RV-12iS Powerplant kit. I have a $11,300 deposit from June. This cancelation section sounds like I could just sign the new contract, say I want to cancel that contract, then get a refund less $1000 For my 11,300 payment back in June. Am I wrong? I must be because I’m sure everyone that didn’t want to continue with their order would do this. I’d certainly bet on 1000$ loss than a bankruptcy claim. Of course being an RV-12 avionics and engine order, I as others have yet to receive a new contract. And sounds like we are even further back of the line behind the lycoming customers.

Thank you - Jacob

 

[lipper03]

Not sure if this is thread drift from your original topic but I’ll ask anyways even if this may be considered a legal question. That cancelation terms sounds like a way for us to cancel the contract and not need to file a claim? Is the first deposit considered our original deposit from months or years back?

Say this is the same wording for my case: RV-12iS Powerplant kit. I have a $11,300 deposit from June. This cancelation section sounds like I could just sign the new contract, say I want to cancel that contract, then get a refund less $1000 For my 11,300 payment back in June. Am I wrong? I must be because I’m sure everyone that didn’t want to continue with their order would do this. I’d certainly bet on 1000$ loss than a bankruptcy claim. Of course being an RV-12 avionics and engine order, I as others have yet to receive a new contract. And sounds like we are even further back of the line behind the lycoming customers.

Thank you - Jacob

Sorry, I’m not speculating as to why or how, or what it means, just seeing if others have a different contract then the sample, so I can determine if it’s a mistake on my new contract or not.

 

[pfitzuscg]

Not a good sign that’s it’s not just me, still waiting on a response, but they are closed today.. I’m not holding my breath though for a response before the deadline.

Not a good sign that’s it’s not just me, still waiting on a response, but they are closed today.. I’m not holding my breath though for a response before the deadline.

Interested in what you hear back on this. I'm still waiting for some additional information regarding my QB fuselage and finish kit orders before committing to the modification. I've read the posted contract template on the BMC customer website. The actual contractual language is an important consideration.

 

[Paul Thomas]

Per Van's, the cancellation language is not meant to be in the contract for those of us who are modifying our orders; it should only be present for brand new orders. It's my opinion that the version number should be updated when there is a change so that people know they are reading a different contract. Additionally, the sample contract that allows cancellation should not be in the portal that's only meant for people to modify their contract since that language only applies to new orders.

 

[pfitzuscg]

Per Van's, the cancellation language is not meant to be in the contract for those of us who are modifying our orders; it should only be present for brand new orders. It's my opinion that the version number should be updated when there is a change so that people know they are reading a different contract. Additionally, the sample contract that allows cancellation should not be in the portal that's only meant for people to modify their contract since that language only applies to new orders.

Thank you for that information. I can see updating the language to better address pre-petition orders, but having no cancellation provision at all is troublesome. Under the current circumstances, there are reasonable alternatives to a cash refund.