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Please see our current policy detail regarding your VDC (ESP) issue below. Please note however, this is still work in progress.
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Perhaps the key words are "This is a work in progress". It will be interesting to see how Nissan can void a warranty by the use of a switch that is intentionally put on the dash for the driver to use.
For a company that has been building 6 cylinder motors capable of withstanding 800 hp easily for decades now, I for one will give them the benefit of the doubt that they will work this problem out. If not, they will have a lot of un-happy customers.
Having said that, I am still impressed with what Nissan delivered. They have set the bar higher for all manufactures to meet, and thus, we all benefit.
Finally, like everthing else I read on the internet, I'll take it with a grain of salt until I see something official from Nissan. Personally, I don't think they have a leg to stand on, and given the prices these cars are selling for, I am sure the customers that are buying them can afford some good attorneys.
Ron