TERMS OF THE LIMITED WARRANTY
Yamaha Motor Canada Ltd. (“Yamaha”), subject to the terms and conditions contained herein, hereby warrants to the original registered owner (the “Customer”) of an eligible Yamaha ATV greater than 90cc or Side-by-Side vehicle (“Covered Vehicle”) purchased from a Yamaha dealer authorized to sell and service the product in Canada (“Yamaha Dealer”) , and registered for pleasure use in Canada, that the V-belt as originally factory installed will be free from defects in material and workmanship from the date of purchase (“Date of Original Purchase”) for the period of time stated herein (this “V-Belt Limited Warranty”).
THE TERM OF THE V-BELT LIMITED WARRANTY is the earlier to occur of: (i) ten (10) years from the Date of Original Purchase of the Covered Vehicle by the Customer; or (ii) the transfer of title of the Covered Vehicle by the Customer to a subsequent owner. This V-Belt Limited Warranty is wholly separate from and in addition to Yamaha’s Limited Warranty that comes with the new vehicle from Yamaha at no charge to the Customer or Yamaha Motor Protection Plus (“YMPP”) coverage purchased by the Customer.
DURING THE TERM OF THIS WARRANTY, any Yamaha Dealer will, free of charge, repair or replace, at Yamaha’s option and sole discretion and after reasonable inspection by a Yamaha Dealer, the V-belt, if adjudged defective by Yamaha due to faulty workmanship or material from the factory, as well as repair or replace, at Yamaha’s option and sole discretion, any other parts required as a result of the defective V-belt (subject to the exclusion set out herein), provided the Customer return the Covered Vehicle, with transportation prepaid, to the Yamaha Dealer. If Yamaha determines that the Covered Vehicle does not satisfy the terms and conditions of this V-Belt Limited Warranty, the Customer shall promptly remove the Covered Vehicle from the Yamaha Dealer at the Customer’s sole cost and expense.
THE CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES
Under the terms of this V-Belt Limited Warranty, the Customer will be responsible for ensuring that the Covered Vehicle is properly operated, maintained, and stored as specified in, and in accordance with, the applicable Owner’s Manual.
The Customer shall give notice and provide reasonable details to a Yamaha Dealer of any and all apparent defects within ten (10) days of discovery and make the Covered Vehicle available for inspection and/or repairs. If requested by Yamaha or a Yamaha Dealer, the Customer must provide all service and purchase receipts and invoices relating to the Covered Vehicle as evidence of proper and required maintenance in accordance with the Owner’s Manual and compliance with the terms and conditions of this V-Belt Limited Warranty. Any requested receipts or invoices must be printed, not handwritten, and specify clearly and unambiguously the Yamaha Dealer name and address, date of service/purchase (including evidence of Date of Original Purchase).
The Covered Vehicle owner shall be responsible for all transportation, loss of time, inconvenience, travel expense, loss of use, towing, storage and other expenses incurred in returning the Covered Vehicle for warranty service for the V-belt. All parts replaced under warranty will become the property of Yamaha.
In the event an apparent defect is discovered, the Customer shall protect the Covered Vehicle to prevent further damage (continued operation of the Covered Vehicle may result in damage that may not be covered by this V-Belt Limited Warranty).
LIMITATIONS AND EXCLUSIONS
YAMAHA’S LIABILITY under this V-Belt Limited Warranty shall in no event exceed the actual cash value of the covered items and shall not exceed the fair market value of the Covered Vehicle at the time of the covered repair, an amount equal to the private sale value of the Covered Vehicle on the date of a breakdown as set forth by the Kelley Blue Book (or a similar or equivalent listing source of product values, as determined by Yamaha, if a Kelley Blue Book value is not available).
THE TOTAL OF ALL CLAIMS PAID DURING THE TERM OF THE WARRANTY SHALL IN NO EVENT EXCEED THE PRICE THE CUSTOMER PAID FOR THE COVERED VEHICLE.
Yamaha shall not be liable for, and this V-Belt Limited Warranty does not apply to, the following exclusions relating to Covered Vehicles:
1. Improper use including, without limitation, exceeding the vehicle’s maximum load and towing limits (as noted in the Owner’s Manual).
2. Non-personal use including rental, commercial, corporate, and business operation and use of the Covered Vehicle.
3. Competition or racing use of the Covered Vehicle.
4. Abnormal strain, neglect, or abuse, including clutch overheating and submersion in water or mud.
5. Damage due to ingestion of water, snow, dirt, or other contaminants into the V-belt case.
6. Lack of proper maintenance and storage or neglect of the Covered Vehicle as described in the Owner’s Manual.
7. Alteration, modification, or use of the Covered Vehicle not recommended or approved by Yamaha, including use of “non-OEM” or modified parts.
8. Cost of labor for replacement of a defective part or accessory (other than the V-belt).
9. Replacement or service of the V-belt for routine maintenance, normal wear and tear, or due, wholly or in part, to any cause other than faulty workmanship or material from the factory.
10. Parts covered by the Yamaha Limited Warranty on the vehicle or by YMPP coverage, or by any pending legal proceeding, recall, or other service campaign.
11. Issues arising under any circumstances outside of the limited scope provided herein.
12. Claims that Yamaha believes in good faith to be the result of: collision or other accident; theft; vandalism; riot; explosion; earthquake; lightning, freezing; internal or external fire; water or flood damage (including prior flood damage); negligent, reckless, knowing or intentional damage; improper service or maintenance, manufacturer defect other than the V-belt, improper installation of any part, fluid contamination (i.e. coolant, fuel, water or foreign material) or the failure to keep the motor and engine coolant at levels prescribed for the Covered Vehicle.
13. Covered Vehicles that are located outside of Canada.
NO TRANSFER RIGHTS are provided under this V-Belt Limited Warranty and cannot be transferred to a subsequent owner. This V-Belt Limited Warranty will automatically terminate if the Customer sells or otherwise disposes of the Covered Vehicle.
Yamaha reserves the right to discontinue or modify any of its products, including the V-Belt, without notice, and shall not be liable as a result of such discontinuance or modification nor shall Yamaha be liable in the event that a replacement product varies design in comparison to the original product. If Yamaha replaces any product under this V-Belt Limited Warranty, it may substitute products designated by Yamaha to be of comparable quality or price range. Any replacement, at Yamaha’s option, may be the same product or a substantially similar product.
THIS IS NOT A SERVICE CONTRACT OR INSURANCE.
YAMAHA MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATIONS AND LIMITS STATED IN THIS V-BELT LIMITED WARRANTY ARE HEREBY DISCLAIMED BY YAMAHA AND EXCLUDED FROM THIS V-BELT LIMITED WARRANTY.
SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY DOES NOT COVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE, LOSS OF TIME, AND INCONVENIENCE. YAMAHA’S LIABILITY IS LIMITED TO REPAIRING OR REPLACING THE YAMAHA V-BELT AS PROVIDED IN THIS V-BELT LIMITED WARRANTY. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS V-BELT LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE.
THIS DOCUMENT CONTAINS THE ENTIRE WARRANTY GIVEN BY YAMAHA RELATING TO THE V-BELT FOR COVERED VEHICLES AND THERE ARE NO TERMS, PROMISES, CONDITIONS OR WARRANTIES OTHER THAN THOSE CONTAINED HEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVANCE GIVEN BY YAMAHA, ITS DEALERS, REPRESENTATIVES, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY BY YAMAHA OR IN ANY WAY INCREASE THE SCOPE OF THIS V-BELT LIMITED WARRANTY.