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.
order for you to qualify for the repurchase of your Eligible Motorcycle:
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.
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.
This Agreement does not apply to and will not provide payment if:
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:
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.