So just an update on this. I figured I would call Nissan and see if they would make this right before calling the attorney general or bbb. They escalated the issue to a senior rep and today they just got back with me. I was told that the part is not covered under warranty but since there is so low miles (13000) they will reimburse me for the cost of the part, so I'm getting back about $700 so not the worst outcome and not the best but I'm okay with it.