Yamaha Extended Warranty

YAMAHA EXTENDED SERVICE PLAN CONTRACT YAMAHA OUTBOARD MOTORS (hereafter referred to as "Motor")

Administered by Yamaha Motor Corporation, U.S.A., 6555 Katella Ave., Cypress, California 90630 (714) 761-7632.

SAMPLE CONTRACT ONLY
If you do not receive the actual Y.E.S Contract within sixty (60) days of purchase, please contact Service Marketing at 1-714-761-7632. Effective 5/7/02 02-222A LIT-11580-00-39

PLEASE READ THIS CONTRACT CAREFULLY. IT CONTAINS THE ENTIRE AGREEMENT BETWEEN YAMAHA MOTOR CORPORATION, U.S.A. AND YOU. THIS CONTRACT TAKES THE PLACE OF ANY OTHER WRITTEN OR ORAL STATEMENTS MADE TO YOU ABOUT YOUR COVERAGE UNDER THIS CONTRACT. THIS CONTRACT IS NOT AN INSURANCE POLICY. YAMAHA MOTOR CORPORATION, U.S.A. DOES NOT AUTHORIZE ANYONE TO CREATE FOR IT ANY OBLIGATION THAT IS NOT CONTAINED IN THIS CONTRACT.

DEFINITIONS

Definitions of Key Words used in this Contract (Key words appear in bold type):

YAMAHA and Genuine YAMAHA: YAMAHA MOTOR CORPORATION, U.S.A.

Y.E.S. Contract: this YAMAHA EXTENDED SERVICE PLAN CONTRACT which includes your name and the information about your YAMAHA motor.

Declarations: that portion of the Y.E.S. Contract with information about the Customer and the identified motor.

Customer, you, or your: the owner of record of the motor shown in the Declarations registered with YAMAHA.

Covered motor or the motor or your motor: the Outboard Motor shown in the Declarations.

YAMAHA Dealer: the authorized YAMAHA Dealer who sold you this Y.E.S. Contract, or another franchised YAMAHA Dealer who is authorized to repair the covered motor.

"Breakdown"or "Mechanical Breakdown" means the breakage or failure of a covered part caused by a defect or faulty workmanship from the manufacturer, making that covered part incapable of performing the function for which it was designed. The identified motor will be covered only for Mechanical Breakdown(s) which occur(s) in the Continental United States including Alaska.

Breakdown or Mechanical Breakdown does not include the gradual reduction in operating performance caused by wear and tear where a failure has not occurred.

New motor(s): a motor with a YAMAHA Limited Warranty in effect at the time of Y.E.S. Contract sale. Refer to the Warranty Statement that came with your purchase.

Used motor(s): an Outboard Motor sold by the YAMAHA Dealer for which the YAMAHA Limited Warranty has expired, and which meets specific eligibility requirements.

Limited Warranty: is the warranty which comes with the motor from YAMAHA at no charge to the customer.

Storage: following the procedures outlined in the Owner’s Manual for the Covered Motor under the section entitled "STORAGE."

GENERAL PROVISIONS

This Y.E.S. Contract governs a specific agreement between YAMAHA and the Customer which is applicable exclusively to the covered motor. YAMAHA will, without cost to the Customer and subject to the conditions and exclusions of this Y.E.S. Contract, repair or replace parts damaged as a result of a Mechanical Breakdown when the covered motor is made available for repairs at a YAMAHA Dealer. At YAMAHA’S discretion, replacement parts used in covered repairs will be Genuine YAMAHA new, Genuine YAMAHA remanufactured or parts of like kind and quality.

CUSTOMER’S RESPONSIBILITY

The Customer’s Responsibility under this Y.E.S. Contract shall be to:

1. Operate and maintain the motor as specified in the appropriate Owner’s Manual. Specifically, the Customer must follow the guidelines on Storage of the motor. Failure to properly store your motor may result in denial of ENGINE MECHANICAL BREAKDOWN CLAIMS.

2. Give notice to a YAMAHA Dealer of any and all apparent defects within ten (10) days after discovery, and make the covered motor available at that time for inspection and repairs at such YAMAHA Dealer’s place of business.

3. The Customer must either (a) use the Maintenance Log provided with the Y.E.S Contract and have it verified by the YAMAHA Dealer that performs the services or repairs: or (b) the Customer must keep receipts and other records that show the dates, mileage, hours of use (if applicable), costs, services and repairs performed (including Storage).

4. The Customer must follow YAMAHA guidelines for the quality and type of fuel, oil and lubricants used. Failure to follow guidelines in the appropriate Owner’s Manual will result in denial of ENGINE AND DRIVELINE CLAIMS.

YAMAHA’S LIABILITY

YAMAHA'S liability under this Y.E.S Contract shall not exceed the actual cash value of the motor at the time of Mechanical Breakdown as determined by standard manuals for establishing motor value. THE TOTAL OF ALL CLAIMS PAID DURING THE TERM OF THE Y.E.S. CONTRACT SHALL IN NO EVENT EXCEED THE PRICE THE CUSTOMER PAID FOR THE VEHICLE.

Our obligations to you are guaranteed under the Contractual Liability Insurance Policy (Reimbursement Insurance Policy) issued by Combined Specialty Insurance Company, 5050 North Broadway, Chicago, Illinois 60640. In the event you have any questions regarding your Y.E.S. Contract, you may contact Automotive Warranty Services, Inc. or Combined Specialty Insurance Company.

Iowa
You may also contact the Iowa Insurance Commissioner at the following address: Iowa Insurance Department, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319.

Idaho
Coverage afforded under this Agreement is not guaranteed by the Idaho Insurance Guarantee Association.

Utah
Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.

South Carolina
Complaints or questions concerning the regulation of service contracts may be directed to the South Carolina Department of Insurance at P.O. Box 100105, Columbia, South Carolina 29201-3105. (803) 737-6160.

Texas
Unresolved complaints or questions concerning the regulation of service contracts, may be directed to the Texas Department of Licensing and Regulation at P.O. Box 12157 Austin TX 78711. 800-803-9202.

TRANSFER RIGHTS

This Y.E.S Contract is transferable.

To transfer the Y.E.S Contract from You to the subsequent Customer, it is required that a transfer of registration and inspection be performed by a YAMAHA Dealer. A reasonable dealer imposed fee may be charged for this inspection. This transfer of registration must take place within fifteen (15) days of ownership change. At the time of transfer of registration, the Customer will be required to provide all required maintenance receipts or the properly completed Maintenance Log to the new owner. Although there is no transfer fee to transfer this contract, any dealer charges for performing any inspections necessary will be the Customer’s responsibility.

THE TERM OF THE Y.E.S Contract

FOR NEW MOTORS
The TERM of the Y.E.S Contract for your new motor is the YAMAHA Limited Warranty period plus the number of months of Y.E.S. Plan purchased. YAMAHA Limited Warranty Periods vary. The Y.E.S Contract TERM expires on the date shown in the Declarations.

FOR USED MOTORS
The TERM of the Y.E.S Contract for your used YAMAHA motor is the number of months of Y.E.S Plan purchased at the time of used motor sale, and is shown in the Declarations. The used motor is eligible only if the YAMAHA Dealer sells (sold) you the used motor and the Y.E.S Contract on the same day. YAMAHA will not provide coverage for used motors which are not sold by the YAMAHA Dealer.

COVERAGE

During the term of the Y.E.S Contract, any YAMAHA Dealer will provide at no cost to you:

1. Repair or Replacement of any part determined to be defective by YAMAHA as a result of a Mechanical Breakdown subject to the General and Specific Exclusions contained in this Y.E.S Contract. All parts replaced under this Y.E.S Contract become the property of the YAMAHA Dealer.

2. TRAVEL AND RECREATION INTERRUPTION PROTECTION (TRIP): In the event a Mechanical Breakdown occurs, reimbursement of up to two hundred and fifty dollars ($250.00) per occurrence will be provided for reasonable, legitimate expenses incurred because of the Mechanical Breakdown, such as food, lodging, phone calls, replacement motor rental, or other transportation. THIS BENEFIT DOES NOT APPLY TO EXPENSES COVERED BY INSURANCE OR OTHER BENEFITS. This benefit applies during the Limited Warranty period as well as the Y.E.S Contract period. To receive TRIP Reimbursement the Customer must submit valid receipts for eligible expenses to the YAMAHA Dealer doing the repair of the Mechanical Breakdown.

3. FOR USED MOTORS, SEALS AND GASKETS ARE NOT COVERED, UNLESS THEY ARE REQUIRED TO REPAIR A MECHANICAL BREAKDOWN OF A PART OTHER THAN THE SEAL AND/OR GASKET.

GENERAL EXCLUSIONS

GENERAL EXCLUSIONS from this Y.E.S Contract shall include ANY MECHANICAL BREAKDOWNS caused by: competition or racing use; installation of parts or accessories that are not of like kind and quality to Genuine YAMAHA parts; abnormal strain, neglect, or abuse; lack of proper maintenance, including Storage; accident or collision damage; contact with foreign materials or submersion; damage due to growth of marine organisms on surfaces; damage due to improper transportation; damage due to rust or corrosion; modification to original parts.

SPECIFIC EXCLUSIONS

THIS Y.E.S. CONTRACT DOES NOT COVER:

1. NORMAL WEAR AND TEAR ITEMS. SOME EXAMPLES ARE: Water pump impeller; gaskets and rubber seals; anodes; brushes for the starter motor and power tilt motor; spark plugs, and fluids not required in conjunction with repairing a MECHANICAL BREAKDOWN.

2. Mechanical Breakdown caused by improper storage. The Customer must have proof that proper storage procedures have been completed if requested by YAMAHA in relation to a specific Mechanical Breakdown.

3. If a particular Mechanical Breakdown is caused by operation or maintenance other than as shown in the applicable owner’s manual, that Mechanical Breakdown will not be covered by this Y.E.S. Contract.

4. APPEARANCE-RELATED DAMAGE ON THE COWL, PAN, LOWER UNIT, AND EXHAUST HOUSING SUCH AS scratches; nicks; dents; fading paint and trim, tears, corrosion, and gel coat stress cracks, and growth of marine organisms on surfaces.

5. Peripheral equipment such as gauges, fuel tanks and hoses, remote control boxes, propellers, and wiring external from the motor.

6. Mechanical Breakdown while the motor is under the YAMAHA Limited Warranty or when the component is covered by a manufacturer’s modification or recall program.

7. Damage from theft, fire, freezing, vandalism, riot, explosion, flood, hail, lightning, earthquake, windstorm, water and collision.

8. Mechanical Breakdown or damage to ANY COMPONENTS caused by water, sand and/or corrosion, or impact with underwater object, weed ingestion or any other entanglement.

9. Loss which occurs due to failure to maintain proper fluid and/or lubricant levels as specified by YAMAHA or due to improper oil/gas mixture ratios.

10. Damage due to alteration, modification or use of the covered motor not recommended by YAMAHA.

11. Damage due to failure of "non-stock" or modified parts.

12. Motors used for commercial purposes. Examples of commercial use are: rental, delivery, hauling for hire, police, harbor patrol, or emergency services. In general, if a motor will be used to make a profit, it is considered commercial usage.

13. NORMAL MAINTENANCE, ADJUSTMENTS, TUNEUPS, PARTS OR LABOR NOT REQUIRED TO REPAIR A Mechanical Breakdown OR FLUIDS NOT REQUIRED IN CONJUNCTION WITH REPAIRING A MECHANICAL BREAKDOWN.

14. INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND INCLUDING LOSS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

15. The Customer must either (a) use the Maintenance Log provided with the Y.E.S. Contract and have it verified by the YAMAHA Dealer that performs the services or repairs; or (b) you, the Customer must keep receipts or other records that show the cost, dates, mileage, elapsed hours, services and repairs performed including storage. Failure to show proof of servicing may result in the denial of coverage.

16. THIS SERVICE CONTRACT DOES NOT COVER REPAIR OR REPLACEMENT OF PISTONS AND/ OR RINGS TO IMPROVE ENGINE COMPRESSION WHEN A MECHANICAL BREAKDOWN HAS NOT OCCURRED. LOSS OF ENGINE COMPRESSION IS NORMAL WEAR AND TEAR.

17. Charges for transporting the motor to and from the Yamaha Dealer.

CLAIM PROCEDURE

In the event of a Mechanical Breakdown, the Customer must follow these procedures:

Protect the motor to prevent further damage. Continued operation of the motor may result in damage that may not be covered by this Y.E.S. Contract. Return the motor within 10 days to the YAMAHA Dealer where the Y.E.S. Contract was purchased. If this is not possible, you can have the repairs done at another YAMAHA Dealer. Provide the YAMAHA Dealer with receipts for required maintenance or the validated Maintenance Log, if needed to authorize the repair.

When necessary, the Customer will be required to authorize the YAMAHA Dealer to tear down the motor for diagnostic evaluation. If there is not a Mechanical Breakdown covered by this Y.E.S. Contract, the Customer is responsible for the COSTS OF DIAGNOSIS AND TEARDOWN.

NOTE: When the repair work is completed, be sure to have your Y.E.S. Contract and your maintenance records returned to you.

CANCELLATION

Cancellation By The Customer

You may cancel this Y.E.S. Contract at any time. To cancel, you must mail this Y.E.S. Contract or provide written notice to the YAMAHA Dealer who sold you this Y.E.S. Contract. If you cancel this Y.E.S. Contract within the first thirty (30) days and you have not incurred a claim, a 100% refund of the purchase price will be made less a $25 administrative fee. If you cancel this Y.E.S. Contract after thirty (30) days or you have incurred a claim, a pro-rata refund will be made based upon the time used, less an administrative fee of $25. For new motors, the original date the YAMAHA Limited Warranty went into effect is used to calculate the elapsed term of the Y.E.S. Contract. All refunds will be paid to you or to the lienholder if applicable by the YAMAHA Dealer who sold you this Y.E.S. Contract.

Cancellation By YAMAHA

YAMAHA may cancel this Y.E.S. Contract for any reason within the first thirty (30) days. If we cancel this Y.E.S. Contract during the first thirty (30) days and you have not incurred a claim, a 100% refund of the purchase price will be made less a $25 administrative fee. After thirty (30) days, YAMAHA may cancel this Y.E.S. Contract for the following reasons:

• if there has been a material misrepresentation or fraud at the time of sale of this Y.E.S. Contract;
• if you have failed to maintain your motor as prescribed by the manufacturer; or other substantial breach of duties;
• if you do not pay the Y.E.S. Contract purchase price (premium).

If YAMAHA cancels this Y.E.S. Contract after thirty (30) days, a pro-rata refund will be made based upon the time used. YAMAHA will notify you in writing fifteen (15) days prior to canceling this contract. For new motors, the original date the YAMAHA Limited Warranty went into effect is used to calculate the elapsed term of the Y.E.S. Contract. All refunds will be paid to you or to the lienholder if applicable by the YAMAHA Dealer who sold you this Y.E.S. Contract.

If this Y.E.S. Contract is financed, and your motor is a total loss or is repossessed, you authorize your lienholder to cancel this Y.E.S. Contract through your YAMAHA Dealer to receive the refund.

This Y.E.S Contract is amended to comply with the following state requirements:

Alabama, Hawaii, Nevada, New York, Texas, & Wyoming

Cancellation Section is amended to include:

Cancellation During the "Free-Look" Period

If you cancel this Y.E.S. Contract within twenty (20) days of receipt of this Y.E.S. Contract and have not incurred a claim, this Y.E.S. Contract shall be void and you will receive a full refund of the Y.E.S. Contract Charge. A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of return of this Y.E.S. Contract to us. The provisions of this paragraph only apply to the original purchaser of this Y.E.S. Contract. The refund will be paid to you, or the person you authorize by your YAMAHA Dealer.

If YAMAHA cancels this Y.E.S. Contract, the administrative fee is not applicable and YAMAHA will mail you written notice fifteen (15) days prior to cancellation.

California, Georgia, Illinois, North Carolina

Cancellation Section is amended to include:

If you cancel this Y.E.S. Contract within the first thirty (30) days, the administrative fee is $25 or 10% of the Y.E.S. Contract Charge, whichever is less. If this Y.E.S. Contract is canceled after thirty (30) days, the administrative fee is $25 or 10% of the pro-rata refund, whichever is less.

Georgia
Should YAMAHA fail to refund the unearned consideration, you have the right to receive the refund directly from Combined Specialty Insurance Company.

Massachusetts
NOTICE TO CUSTOMER: THE COVERAGE YOU ARE BUYING IS NOT REQUIRED IN ORDER TO REGISTER OR FINANCE A MOTOR. THE BENEFITS PROVIDED MAY DUPLICATE EXPRESS MANUFACTURER'S OR SELLER'S WARRANTIES THAT COME AUTOMATICALLY WITH EVERY SALE. YOU CAN BE REQUIRED BY THE SELLER OF THIS COVERAGE TO PURSUE THOSE WARRANTIES WHICH ARE AVAILABLE TO YOU WITHOUT THIS CONTRACT.

New Hampshire
Cancellation Section is amended to delete the $25 administrative fee.

After this Y.E.S. Contract has been in effect for sixty (60) days, YAMAHA may cancel this Y.E.S. Contract for the following reasons only:

• Nonpayment of premium; or
• Fraud or material misrepresentation