VICTORY GUARANTEE AGREEMENT
CUSTOMER TERMS AND CONDITIONS
This Agreement with Polaris Industries Inc. is available to you as part of your new 2013 Victory Eligible Motorcycle purchase. Subject to the definitions, qualifications, limitations and requirements set forth in this Agreement, if you return your Eligible Motorcycle to the Participating Dealership from which you purchased the Eligible Motorcycle between day 31 and day 60 of the Agreement Period, the Participating Dealership will purchase the Eligible Motorcycle from you for the Buyback Price.
- Agreement Period means a period of 60 days which starts on the Purchase Date of your Eligible Motorcycle.
- Bank means GE Capital Retail Bank.
- Buyer means the top line signer listed on the financing document applicable to the purchase of your Eligible Motorcycle. If the motorcycle purchase is not financed, the Buyer is the registered and titled owner of the motorcycle as of the Purchase Date.
- Eligible Motorcycle means a new 2013 Victory Motorcycle that is purchased from a Participating Dealership located in the United States or Canada at a price that does not exceed the Manufacturer's Suggested Retail Price for the motorcycle itself.
- Participating Dealership means a motorcycle dealership located in the United States or Canada that: (1) is authorized in writing by Victory (or one of its subsidiaries) to advertise for sale and sell new Victory motorcycles, and (2) has elected to participate in the Victory Guarantee program.
- Purchase Date Purchase Date means the date you purchase your Eligible Motorcycle as reflected on your bill of sale.
- Buyback Price Buyback Price means the actual price you paid to the Participating Dealer for the Eligible Motorcycle itself (after any rebates, discounts, employee discounts, or supplier discounts) plus Victory accessories installed on the motorcycle prior to delivery and included in the original motorcycle purchase and any applicable sales tax you paid. Nothing else is included in the Buyback Price. The Buyback Price does not include the costs of any taxes (other than sales taxes), licensing, titling or registration fees, insurance, non-Victory dealer-installed accessories, aftermarket products or add-on equipment (other than factory options ordered with the motorcycle), dealer fees of any kind, ancillary products including without limitation extended warranties or service contracts, finance charges, any negative equity (the amount by which a loan on a trade-in motorcycle exceeds the dealer's purchase price for the trade-in) or any other expenses incurred by the Buyer in relation to taking delivery of the Eligible Motorcycle. Buyer remains responsible to Participating Dealer for all costs and expenses not included in the Buyback Price.
B. IN ORDER FOR YOU TO QUALIFY FOR THE PURCHASE OF YOUR MOTORCYCLE:
order for you to qualify for the repurchase of your Eligible Motorcycle:
- The Eligible Motorcycle must be a new 2013 model.
- You must have purchased an Eligible Motorcycle and the Purchase Date must have occurred between March 1, 2013 and April 30, 2013.
- For Buyers located in the United States, You must have paid for Your Eligible Motorcycle in cash or have financed your Eligible Motorcycle through Bank (any other third party financing will disqualify your purchase from eligibility).
- For Buyers located in Canada, You must have paid for Your Eligible Motorcycle in cash.
- You must be able to deliver to the Participating Dealership a clean and unencumbered title to the Eligible Motorcycle, and such title must have remained in your name since the Purchase Date of the Eligible Motorcycle. This requirement may not apply if You purchased the Eligible Motorcycle in Canada.
- You must be an individual natural person who is the title owner of the Eligible Motorcycle. Businesses, corporations and partnerships do not qualify.
- Your Eligible Motorcycle's odometer must not have more than 500 miles (805 kilometers) since the Purchase Date.
- Your Eligible Motorcycle must have been registered and insured in the Buyer's name since the Purchase Date.
- Your Eligible Motorcycle must have no more than $200 of damage as determined by the original selling Participating Dealership. Such damage may include, without limitation, internal or external scratches, scrapes, dents, odors, rips, burns, etc. Victory will have absolute discretion in making this determination and its determination will be final and binding.
- Your Eligible Motorcycle may not be leased.
- Your Eligible Motorcycle must have been returned to the Participating Dealership where you purchased it, in the same working order as it was on the Purchase Date. Victory will have absolute discretion in making this determination and its determination will be final and binding.
- Your Eligible Motorcycle must not have incurred damage or non-warranted repairs in excess of $200, regardless of whether such damage has been repaired.
- Your Eligible Motorcycle must not have been subject to any liens or other security interests other than a lien for the original financing used to purchase the Eligible Motorcycle.
- A minimum of 30 days must have passed since the Purchase Date of your Eligible Motorcycle.
- Only one Eligible Motorcycle may be returned per household.
- Your Eligible Motorcycle must pass a purchase inspection conducted by the original selling Participating Dealership.
- You must have executed a Victory Guarantee Acknowledgment and Agreement by the Purchase Date.
Provided you have qualified as specified in this Agreement, the Participating Dealership will pay you the Buyback Price for your Eligible Motorcycle if it is returned to the original selling Participating Dealership on or between day 31 of the Purchase Date and day 60 of the Purchase Date. If day 60 falls on a holiday, Saturday, or Sunday, then the Eligible Motorcycle may be returned on the next business day.
D. PURCHASES FINANCED BY BANK
Bank is not the sponsor of the Victory Guarantee program. Any comments, questions, or concerns related to this Agreement and the Victory Guarantee program must be made directly to Victory. Bank’s sole obligation is to use commercially reasonable efforts to complete a full and complete cancellation of Your financing agreement with Bank (the “Note”) only after Bank has been provided with written notice from Victory that the account qualifies for a return of the motorcycle under the terms of this Agreement. Until Bank has been notified of such approval, You are still obligated to make monthly payments in accordance with the Note. The cancellation will include a return to You of any and all monies paid under the Note. Any amounts not covered in the Buyback Price will not remain due and owing to Bank under the Note. Bank will also work with the Participating Dealership and Victory to ensure release of lien on title. Bank is not responsible to make any decision related to the determination of benefits under the Victory Guarantee program.
E. WHAT IS NOT COVERED UNDER THIS AGREEMENT:
This Agreement does not apply to and will not provide payment if:
- You do not meet all the qualifications contained in this Agreement;
- Your motorcycle purchase is part of a fleet sale or commercial sale;
- Your motorcycle is registered to a business, corporation, partnership, utility, federal, state, provincial or local government, rental car company or any other organization;
- You are a Victory employee or retiree or a Victory dealership employee;
- You return an Eligible Motorcycle and repurchase a motorcycle you traded-in when you purchased the Eligible Motorcycle;
- You trade in an Eligible Motorcycle and then repurchase it later;
- Your motorcycle was a dealer demonstrator or other dealer owned motorcycle; or
- You die.
F. HOW TO RETURN YOUR ELIGIBLE MOTORCYCLE:
If You have decided to return your Eligible Motorcycle, You must contact Victory at 888-704-5290 or email@example.com Victory will fax, email or mail to You a “Return Request” form. The Return Request form will provide you with the fax number, email address or mailing address to use. To qualify for the return of Your Eligible Motorcycle, the following required items must be faxed, emailed or mailed to Victory:
- The fully completed Return Request form;
- A copy of the Bill of Sale, financing contract or other transaction documentation showing:
- You as the top line signer;
- the Purchase Date for Your Eligible Motorcycle;
- the Make, Model, Model Year and vehicle identification number of the Eligible Motorcycle; and
- the Creditor/Lien holder (if any) of Your Eligible Motorcycle.
- A copy of your current Driver's License verifying You are the Buyer.
- A copy of the registration showing the Eligible Motorcycle is registered in Your name.
- A copy of Your proof of insurance verifying Your Eligible Motorcycle was insured since the Purchase Date.
- Any other documentation Victory or the Participating Dealership may reasonable request.
G. OTHER PROVISIONS APPLICABLE TO THIS AGREEMENT:
This Agreement is the entire agreement between the parties concerning its subject matter, supersedes all prior agreements and understandings, whether or not written, and is not intended to confer upon any person other than the parties, including any of your creditors, any rights or remedies hereunder.
The Agreement requires binding arbitration if there is an unresolved dispute between you and Victory concerning the Agreement. Under this Arbitration provision, you give up your right to resolve any dispute arising from the Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, an arbitrator (who is an independent, neutral third party and is mutually selected by the parties) will give a decision after hearing all positions. The decision of the arbitrator will determine the outcome of the arbitration and the decision of the arbitrator will be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. To start arbitration, either you or Victory must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. The expense of the arbitrator will be shared equally by the parties. Unless otherwise agreed to by the parties, the arbitration will take place in Minneapolis, Minnesota. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association will apply to any arbitration under the Agreement. The laws of the state of Minnesota (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Agreement and all transactions contemplated by the Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Agreement.
This Agreement may be cancelled if you conceal or misrepresent any material fact or circumstance concerning your Eligible Motorcycle.
You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent Buyer or any other person or entity to whom Your Eligible Motorcycle is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.
You may be subject to federal, state, provincial, or local tax on any benefit paid. You should contact a tax advisor/ consultant if you have any questions regarding the tax implications associated with this program.