FLEET_LAMBDA_FULFILLMENT_LETTER_EXAMPLE (2).PDF

Sample Company
ATTN: John A. Sample
123 Anystreet
Anytown, US 12345
VINs: Enclosed
ACCOUNT ID: 999999
PIN: 999999
gmfleet.com/fueleconomyoffer
June 20, 2016
Dear John,
We wanted to let you know that we discovered an inadvertent error in the EPA-estimated fuel economy
shown on the window label(s) for your 2016 Chevrolet Traverse vehicle(s).
We apologize for this mistake and would like to offer you reimbursement for the expected incremental
EPA-estimated fuel cost. On the back of this letter is a chart that shows you the “before” and “after”
incremental EPA-estimated fuel cost on the window label. We have multiplied the appropriate
incremental fuel cost by the number of involved vehicles you own to calculate your total reimbursement,
which is $750. This amount will be delivered via a check made out to Sample Company. To obtain
reimbursement, please log in online at gmfleet.com/fueleconomyoffer. You’ll need your ACCOUNT ID
and PIN (printed on each page of this letter for your convenience) to log in.
Carefully review the list of involved VINs (purchase/lease) on the following page(s) to ensure accuracy
against your vehicle inventory.
Enclosed with this letter you will find a copy of the legal release of claims, which you will have to agree
to on the website to receive reimbursement related to this error. Please carefully review the release to
ensure you fully understand its terms. Once you have reviewed the release, you will need to log in to
gmfleet.com/fueleconomyoffer, where you will be asked to confirm the list of involved VINs and agree
to the release. Please take action no later than September 1, 2016.
If you have any questions, please call our General Motors Fleet Action Center at 1-800-FleetOp
(1-800-353-3867). Press prompt #5. Hours of operation are 8 a.m.–6 p.m., Monday–Friday (EST).
Our goal is to provide commercial and fleet customers with great products, innovative business
solutions and an exceptional customer experience. General Motors Fleet will continue to earn your
business every day.
Regards,
Ed Peper
U.S. Vice President, General Motors Fleet
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Sample Company
ATTN: John A. Sample
123 Anystreet
Anytown, US 12345
VINs: Enclosed
ACCOUNT ID: 999999
PIN: 999999
gmfleet.com/fueleconomyoffer
BEFORE AFTER
2016 Model Year Combined MPG of 19 Corrected EPA-estimated
FWD Vehicles: (17 city, 24 highway) and combined MPG is 18
an expected incremental (15 city, 22 highway) and
• Chevrolet Traverse
EPA-estimated fuel cost the expected incremental
• GMC Acadia
spend for 5 years of $2,750. EPA-estimated fuel cost
• Buick Enclave
spend for 5 years is $3,500.
2016 Model Year Combined MPG of 19 Corrected EPA-estimated
AWD Vehicles: (16 city, 23 highway) and combined MPG is 17
an expected incremental (15 city, 22 highway) and
• Chevrolet Traverse EPA-estimated fuel cost the expected incremental
• GMC Acadia spend for 5 years of $2,750. EPA-estimated fuel cost
spend for 5 years is $4,250.
2016 Model Year Combined MPG of 18 Corrected EPA-estimated
AWD Vehicles: (16 city, 22 highway) and combined MPG is 17
an expected incremental (15 city, 22 highway) and
• Buick Enclave EPA-estimated fuel cost the expected incremental
spend for 5 years of $3,500. EPA-estimated fuel cost
spend for 5 years is $4,250.
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Sample Company
ATTN: John A. Sample
123 Anystreet
Anytown, US 12345
VINs: Enclosed
ACCOUNT ID: 999999
PIN: 999999
gmfleet.com/fueleconomyoffer
Vehicle Make Vehicle Model Drivetrain VIN Amount
1 CHEVROLET TRAVERSE FWD VIN99999999999999 $750
TOTAL: $750
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RELEASE OF SPECIFIED CLAIMS
MUST BE AGREED TO
PRIOR TO RECEIVING REIMBURSEMENT
1. This is a release ("Release") of any and all claims, demands, actions, or causes of action, either known or unknown,
against the persons or entities identified below in Paragraph 2.a ("the Released Parties") arising out of or in any way
related to, an error concerning EPA estimated fuel economy on the window label of 2016 model Buick Enclave, GMC
Arcadia or Chevrolet Traverse vehicles (“the Subject Vehicles”) which caused the EPA estimated fuel mileage to be
over stated by 1 or 2 miles per gallon on the window label and the expected fuel costs shown on the window label to be
understated by $750 for all front wheel drive models and the all-wheel drive Buick Enclave or $1,500 for the all-wheel
drive GMC Arcadia and Chevrolet Traverse. The same incorrect EPA estimated fuel economy estimates were also
published in General Motors advertisements and marketing materials for the Subject Vehicles.
2. The entity that purchased or leased one or more of the Subject Vehicles is subject to and bound by this release and is
hereinafter referred to as “Releasor”. In consideration for the compensation to be paid by General Motors LLC for this
window label error, based on the vehicle identification numbers shown on the reimbursement website, gmfleet.com fuel
economy offer, which list Releasor has reviewed and approved, Releasor hereby freely and voluntarily execute this
Release and acknowledges, understands, and agrees to the following:
a. By agreeing to this Release, Releasor forever waives and releases all claims, damages, demands, costs, actions,
or causes of action, either known or unknown, that Releasor may have or may hereafter have against anyone
who is or could be responsible or liable for the incorrect EPA fuel economy and fuel cost estimates, referenced
in paragraph 1 above, being displayed on the window labels of the Subject Vehicles or the incorrect EPA fuel
economy and fuel cost estimates being published in any marketing or advertising materials for the Subject
Vehicles (“the Mistaken EPA Fuel Economy Issue”). This release is in favor of and includes General Motors
Company, General Motors LLC, General Motors Holdings LLC, as well as all of their respective officers,
directors, agents, employees, servants, subsidiaries, affiliated companies, subsidiaries, parent companies,
insurers, authorized dealers, suppliers, divisions, predecessors, successors, heirs, and assigns (the “Released
Parties”).
b. This Release applies to all claims, demands, actions, or causes of action, either known or unknown, against the
Released Parties regardless of the legal or equitable theory (including, but not limited to, theories under
federal, state or local law, and including without limitation statutory law, regulation, common law, strict
liability, negligence, gross negligence, punitive damages, breach of warranty, misrepresentation, breach of
contract, fraud, and all other legal and equitable theories), whether existing now or arising in the future, and
which arise out of or in any way relate to the Mistaken EPA Fuel Economy Issue. Releasor further waives any
and all rights under California Civil Code Section 1542 notwithstanding any provision to the contrary. Section
1542 provides as follows: A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
c. Releasor acknowledges that there may be information or facts that are different from, in addition to, and/or
contrary to those that Releasor now knows or understands to be true with respect to the Mistaken EPA Fuel
Economy Issue, and that there may be damages, losses, costs, and expenses arising out of or related to the
Mistaken EPA Fuel Economy Issue of which Releasor is not currently aware or which are unanticipated at this
time. By signing this Release, Releasor acknowledges that Releasor forever waives and discharges any rights
which Releasor may have against the Released Parties for any such claim which may arise in the future and
that this Release shall be and remain effective in all respects, notwithstanding any such additional, and/or
contrary information or facts.
d. Releasor understands and acknowledges that the reimbursement amount offered by General Motors is made
without any admission of liability or wrongdoing by any of the Released Parties and without any
acknowledgement by any of the Released Parties that Releasor may bring any claim or cause of action against
any of them.
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e. Releasor agrees not to file, commence, or participate in any legal proceeding against the Released Parties with
respect to the Mistaken EPA Fuel Economy Issue. To the extent Releasor has already initiated or participated
in any legal proceeding against the Released Parties with respect to Mistaken EPA Fuel Economy, Releasor
represents that Releasor, or my attorneys at my direction, have or will dismiss the Released Parties from any
such legal proceeding with prejudice, and that Releasor will provide proof of such dismissal to the Released
Parties within 14 days of executing this Release.
f. This Release is intended to be full, final, and complete and shall not be subject to any claim of mistake of fact
or law. This Release shall be binding upon any agents, servants, beneficiaries, legal representatives, affiliates,
subsidiaries, assigns, executors, successors, and administrators of Releasor.
g. Releasor is agreeing to this Release voluntarily and in good faith and with the specific intent of settling any
claim Releasor may have against the Released Parties arising out of or related to the Mistaken EPA Fuel
Economy Issue.
h. Releasor acknowledges the opportunity to obtain the advice of an attorney of Releasor’s choosing and at
Releasor’s own cost before signing this Release. Releasor has carefully read and understand the entirety of this
Release. Releasor has received no inducements from anyone to influence Releasor into signing this Release.
Releasor is executing this Release solely in reliance upon Releasor’s own knowledge, belief, and judgment,
and not upon the representations of any other person.
i. By accepting and agreeing to this Release, I represent that I have full capacity, right and authority, legal and
otherwise, to enter into this Release on behalf of Releasor .Releasor agrees it has not transferred or assigned
any of Releasor’s rights or recovery against Released Parties. General Motors LLC shall have the right to
recoup from Releasor any compensation paid pursuant to this Release if the person accepting and agreeing to
this Release on its behalf did not have authority to bind Releasor.
3. If any provision of this Release is held to be illegal, invalid, or unenforceable, Releasor understands and agree that such
provision shall be fully severable and the remainder of the Release shall be enforceable as if such provision had not
been included in the Release.
4. Releasor understands and acknowledges that this Release shall be governed in all respects by the law of the state in
which Releasor resides at the time of agreeing to the Release.
5. By agreeing to this Release, Releasor acknowledges and agrees to all of the terms and conditions set forth in this
Release.
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