I ended up cracking my frame a month or so back and Niner is sending me a warranty this week. I am far from smooth on a mtb and reconsidering carbon for myself.
If any one is interested in buying this new 2012 frame at a discounted price let me know.
update: The regular air9 frames are back ordered until August. Frame size could be changed from M to L. Also the new RDO frame is an option for a bit more.