Preorder Agreement
This Preorder Agreement (these “Terms” or “Agreement”) governs the placing of a preorder (“Preorder”) with Yamaha Motor Corporation,
USA (“Yamaha Motor Corp. USA” or “we” or “us”) for a motorsports vehicle (“Vehicle”). Please read all these Terms carefully before
submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.
1. Preorder Process
Each Preorder you submit for a Vehicle acts as a deposit for a future purchase of the Vehicle. You are under no obligation to purchase a
Vehicle from a dealer and we are under no obligation to supply you with a Vehicle. Limit 4 preorders per customer, , per household and per
email address (“Preorder Limit”). Subsequent Preorders received from the same customer, household, or email address after the Preorder
Limit will be void.
These Terms do not constitute an agreement for the sale or purchase of a Vehicle. These Terms do not guarantee Vehicle production,
configuration or delivery. You must contact the authorized dealer to discuss pricing and complete the purchase of the Vehicle. Your
Preorder does not guarantee a set price for the Vehicle. The dealer sets the Vehicle price, which may differ from the manufacturer
suggested retail price (“MSRP”). Dealer prices may vary. MSRP excludes tax, license, registration, destination charge and dealer installed
options and accessories.
You will be required to select a dealer as part of the Preorder process. Your information including name. address, e-mail address and
Vehicle information will be shared with the dealer you select. Your credit card information will not be shared. We, at our sole discretion,
may decline or cancel your Preorder at any time, for any reason. If your Preorder is declined or canceled, you will be notified, and your
Preorder payment will be refunded.
2. Preorder Eligibility: Age and Residency;
Entity Preorders
You must be at least 18 years of age and a resident of the United States to Preorder a Vehicle. By agreeing to these Terms, you represent
and warrant to us that you are at least 18 years of age and a resident of the United States. If you are Preordering a Vehicle on behalf of a
company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that
Entity to these Terms and such Entity agrees to be bound by these Terms.
3. Registration
When placing a Preorder for a Vehicle, you represent and warrant that all information provided is accurate, and it is your responsibility to
keep this information current at any time by calling (800) 962-7926. Yamaha Motor Corp. USA shall not be liable for inaccurate or outdated
information.
4. Payment
You will be charged the fee indicated (the “Preorder Fee”) when you place your Preorder. Placing a Preorder constitutes your express
agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Yamaha Motor Corp. USA in
a separate account designated solely for Preorders and released for application towards the final sales price of Your Selected Vehicle when
you execute the final sales agreement between you and the dealer.
5. No Guarantee of Delivery Date
We will endeavor to produce the Vehicle in the future and your priority will be set by the date of payment of your Preorder Fee, our
manufacturing schedule and execution of the final sales agreement between you and the dealer. There is no guarantee as to delivery date
based on your Preorder.
6. Cancellation/Refund
You may cancel your Preorder and receive a full refund of your Preorder Fee ($500.00) at any time by calling (800) 962-7926 with the
address you used to make the preorder or an updated address you have added to your Yamaha Motor Corp. USA account by calling (800)
962-7926. You will receive your refund within approximately 10-15 business days. Yamaha Motor Corp. USA promotional items, if any,
received at the time of Preorder are yours to keep even after cancellation. Yamaha Motor Corp. USA may cancel your Preorder at any time
and will issue a full refund of your Preorder Fee to the address on file. Changes to your vehicle will only be accepted before April 4, 2023.
Changes to your dealer will only be accepted before August 1, 2023.
7. Privacy Policy and Terms of Use
The information you provide to Yamaha Motor Corp. USA entities will be used in accordance with our Privacy Policy and website Terms of
Use, each of which is incorporated herein by reference and available on our website at Yamaha Motor Corp. USA.com/legal/terms-of-use
and Yamaha Motor Corp. USA.com/legal/privacy-policy. Please read our Privacy Policy and Terms of Use carefully to understand Yamaha
Motor Corp. USA's practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy or
Terms of Use, you should contact us by calling (800) 962-7926.
8. Force Majeure
Neither you or Yamaha Motor Corp. USA will be liable for any failure or delay in performing an obligation under this Agreement that is due to
an event beyond our reasonable control, including, but not limited to, any Act of God, pandemic, epidemic, disease, terrorism, war, political
insurgence, insurrection, riot, civil unrest, act of civil or military authority, material changes in applicable law or regulations, uprising,
unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
9. Right to Modify or Cancel.
We reserve the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of these terms or the, including
any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Terms after any
changes are implemented will be considered acceptance of such changes.
10. Entire Agreement, Severability and Modification
We reserve the sole right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable
provision shall be deemed to be modified solely to the extent necessary to make it enforceable. Your Preorder, Order Agreement, Final
Purchase Agreement, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and
us on the matters contained in these Terms.
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Yamaha Motor Corp. USA.
11. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Yamaha Motor Corp.
USA.
12. Assignment
You may not assign your rights under these Terms without our express prior consent. Yamaha Motor Corp. USA may assign these Terms in
our discretion without your consent.
13. Limitation of Liability
No Consequential or Indirect Damages. IN NO EVENT SHALL YAMAHA MOTOR CORP. USA, ITS AFFILIATES OR PARTNERS, OR ANY
OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES
BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING
OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH
DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED.
Maximum Liability. IN NO EVENT SHALL YAMAHA MOTOR CORP. USA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS OF YOUR PREODER FEE.
14. Applicable Law and Class Action Waiver
This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the
State of Georgia without regard to choice or conflict of law principles. The parties agree that any dispute or litigation hereunder is subject to
the exclusive jurisdiction of a state or federal court of competent jurisdiction in the State of Georgia.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND YAMAHA MOTOR CORP. USA AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR YAMAHA MOTOR CORP.
USA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
IN ADDITION, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT,
TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN
EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY
JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE
TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
15. Telephone Consumer Protection Act
By agreeing in writing to these terms, you understand that by providing your wireless telephone number(s) now or in the future, you
understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a
condition of purchase. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that
these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact
methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you
provide, for which you may incur a charge. You can control permission for calls or texts by calling (800) 962-7926.
16. Entire Agreement
Your Preorder confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated
agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations,
warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with
respect to the subject matter hereof. In the event of any conflict between these Terms, our website Terms of Use and our Privacy Policy,
these Terms shall prevail.
