INSTRUCTIONS – TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO DETERMINE IF YOU QUALIFY UNDER THIS SETTLEMENT.
WHO IS ELIGIBLE TO MAKE A CLAIM
- Class Members, defined as: All consumers in Quebec, who, any time between May 8, 2006 to November 30, 2015 (the “Class Period”), purchased and/or leased one or more of the Nissan Versa model years 2007-2012 recalled under Transport Canada Recall No. 2015402 (the “Vehicles”) manufactured, distributed, supplied, wholesaled and/or imported by Nissan, except for those specifically excluded (listed below).
- Specifically excluded from the definition of Class Members are all persons who timely and validly requested exclusion (opt out) from the class action settlement.
HOW TO MAKE A CLAIM
- In order to make a valid claim, you must submit a valid Claim Form on the settlement website (www.springcoilsettlement.com) by August 2, 2021 attesting that you purchased or leased a Vehicle between May 8, 2006 and November 30, 2015 and further attesting either:
- That you did not receive the first or second letter from Nissan regarding Transport Canada’s Recall No. 2015402 (where applicable); OR
- That you were required to wait more than two (2) months from the date of the first letter mentioned above to have the repairs performed by Nissan on the coil springs of their Vehicle, pursuant to Transport Canada’s Recall No. 2015402.
- You must also provide (in the Claim Form) the VIN associated with the Vehicle for which you are making a claim, or other sufficient proof of ownership of their Vehicle, to be accepted by the Claims Administrator (at its discretion).
- Only one claim can be accepted per Vehicle.
- If you wish to claim settlement funds, you may choose one of the following forms of payment:
- Up to $70 via e-transfer or cheque; OR
- Up to $115 in credit to be used in any Nissan dealership in Quebec (in the form of a Nissan gift card letter, which expires after 5 years).
- Under the terms of the settlement, certain conditions may lead to Class Members with valid claims receiving less than this amount per Vehicle. For example, the compensation available will be reduced proportionately among all Class Members with valid claims if the total amount of eligible claims exceeds the Total Settlement Maximum minus the Class Counsel Fees, costs and administration expenses of the settlement.
- The Claim Form must be signed by you electronically (online in lieu of written signature) attesting that the information provided herein is true and accurate.
- The Claim Form must be submitted to the Claims Administrator on or before August 2, 2021.
- Within approximately 90 days following August 2, 2021, the Class Members whose claims were accepted by the Claims Administrator will receive the funds they are entitled to, as outlined above.
- For the Class Members who choose to receive a payment, they will receive this amount either electronically via Interac e-transfer to the email address provided in the Claim Form, or by mailed cheque to the mailing address indicated in the Claim Form if they do not have an email address.
- For Class Members who choose to receive credit, they will receive a gift card letter by email to the email address provided in the Claim Form or, if none is provided, by regular mail to the mailing address provided in the Claim Form.
- Any electronic Interac e-transfers issued to Class Members under this settlement will remain valid for thirty (30) days. Any cheques issued to Class Members under this Settlement will remain valid for six (6) months from their issuance. No cheques can be cashed after that time.
- If you are a Class Member and you do not submit a timely and valid Claim Form in accordance with these instructions, you will not be eligible to receive compensation and you will remain subject to the releases in the Settlement Agreement.
- Duplicate, invalid, illegible, or incomplete Claim Forms will not be honoured.
- Keep copies for your records.
- Lost, late, or misdirected Claim Forms are not the responsibility of Defendants, Class Counsel or the Claims Administrator and will be invalidated.
DEFENDANTS ARE NOT RESPONSIBLE FOR THE ADMINISTRATION OF THE SETTLEMENT OR THE DISTRIBUTION OF THE AMOUNTS MADE AVAILABLE UNDER THE TOTAL SETTLEMENT MAXIMUM. PLEASE CONTACT CLASS COUNSEL OR THE CLAIMS ADMINISTRATOR – NOT THE COURT OR DEFENDANTS’ COUNSEL – FOR FURTHER INFORMATION. YOUR NAME AND ANY INFORMATION PROVIDED TO CLASS COUNSEL WILL BE KEPT CONFIDENTIAL.
NISSAN CANADA INC. – QUEBEC CLASS ACTION SETTLEMENT
To seek compensation in the above-described settlement, please provide all of the following information, failing which your claim may be rejected. Any compensation that is provided in response to your claim will be sent via Interac e-transfer to the e-mail address you provide, or by mail to the physical address you provide if you do not have an email address.