Ricky Power Sports, LLC

Transcription

1 Franchise Application Business information: Check One: Corporation Partnership Proprietorship Agency Other Official Name of Firm: Dealer License Name: DBA Name: 1 Business Since: Under State Laws of: Bill to Address 1: Address 2: City / State / Zip: Ship to Address 1: Address 2: City / State / Zip: Phone Number: Fax Number: Are you licensed to sell on road products? Yes No if Yes, Type of License: New Used Other License No: Are you licensed to sell off road products? Yes No License No: Facility: Total Building Size: sf. Show room: sf. Service Area: Sf. Storage Area: sf. Parts Department: Sf. Major highway frontage: Yes No Outside Display area: Yes No Personal: Total Full Time Employees: Sales: Mechanics: Parts: Page: 1

2 Home Address of Corporate Officers, Partners, Owners, etc. Name & Title Address City / State Zip Code Telephone Three Trade Reference in Powersports Business: Company Name City / State Contact Telephone No Payment Term Bank Reference Bank Name: Branch: Bank Contact: Telephone: Account Number: The undersigned hereby authorizes Ricky Power Sports, LLC, to obtain credit information pertaining to the undersigned and, if an account relationship is formed, the undersigned authorizes Ricky Power Sports, LLC, to disclose credit information for the undersigned account to third parties. Completed By Title Name of Firm Date I have attached following Documents and Pictures with this dealer application: Picture of Show Room: Picture of Store Front: Picture of Service Area: Yes No Yes No Yes No Copy of my dealer license: Yes No My Resale Certificate: Yes No Page: 2

3 Ricky Power Sports, LLC Franchise Agreement This Agreement is hereby entered into as of the day of /, 20 between Ricky Power Sports, LLC, a Texas Limited Liability Company, having its principal place of business located at 2651 Manana Drive, Dallas TX, hereafter called DISTRIBUTOR and (Dealer/Distributor s Company Name) hereinafter called DEALER, having its principal place of business at:, (Address) (City) (St) (Zip) 1. Appointment Subject to the terms and conditions set forth herein, Ricky Power Sports, LLC appoints Dealer or Distributor as an authorized DEALER for the retail sales and service or wholesale distribution of RPS s Scooter Products ATV Products Electric Utility Vehicles Products Motorcycle Products Dirt Bikes Products and other parts and accessories. All of which are referred to as the Products. For the period commencing on the above date and ending on _09/15/2016, or on any earlier date upon which termination of this Agreement may become effective (the term of this Agreement ). Such appointment shall apply only to Dealer s showroom and facilities located as above and no other location Dealer accepts the foregoing appointment. Neither Dealer nor any of its officers, agents or employees is authorized to bind Ricky Power Sports, LLC or to transact business for the account of Ricky Power Sports, LLC in any way whatsoever. The relationship of the parties is that of buyer and seller, and this Agreement shall not be deemed to create any agency or joint venture between the parties This Agreement shall terminate on the last date of the agreement period unless renewed by mutual consent. Either party may terminate the Agreement at any time by giving the other party prior written notice of termination sent by certified mail, return receipt requested, to Dealer s or Distributor s address. Termination is effective upon receipt by the other party, unless otherwise specified by Dealer s local or state regulating agencies Ricky Power Sports, LLC reserves the right to terminate any franchise agreement found in violation or breach of any term or terms of this agreement. Page: 3

4 2. Obligations of Dealer: Ricky Power Sports, LLC Prior to entering into this agreement, Dealer should verify any applicable state, county or local laws and regulations regarding the purchasing and selling of any motorized vehicles in their area. Dealer shall comply with its state and local laws, regulations, and safety standards in all of dealer s conduct, including without limitation those of the U.S. Consumer Product Safety Commission, and obtain proper licenses and permits required by the state and local government and appropriate regulatory agencies necessary for the sale of the products under the terms of this agreement. Dealer shall provide compliance verification to Ricky Power Sports, LLC (RPS) at time of franchise or upon request RPS will establish franchises with importers, distributors and two types of dealers: Standard Dealers and Non-Stock Dealers Standard Dealer agrees to purchase minimum stock of RPS products for its yearly order as $10, Standard Dealer agrees to keep the minimum required units of RPS products in stock, listed above, within the period of this agreement. Dealer agrees to place an order on a monthly basis, in order to keep the Dealer s account active Non-Stock Dealers will be responsible for all documentation, compliance, servicing, and reporting to RPS, just as a Standard Dealer would. Non-Stock Dealers will have no inventory requirements and will not be given a protective territory. RPS reserves the right not to ship product if there may be a conflict of interest with any of its existing franchised Standard Dealers or Distributors in the Non-Stock dealer s area or that of a drop-shipment location Dealer shall properly assemble, adjust and inspect the product to ensure that the products are in compliance with all standards, requirements and procedures imposed by law Dealer shall assist its customers in completing our Purchase Agreement/Warranty Registration (As Attachment B) and register the warranty with RPS within 5 days after product has been sold. Dealer must keep this purchase agreement with its original Bill of Sale on file All Dealers shall perform effective warranty service to correct any defect in Products covered by Distributor s Limited Warranty, during the period of such Limited Warranty. Distributor will provide Dealer with spare parts and accessories necessary for such repairs under the terms of such Limited Warranty. (Warranty Policy as Attachment A.) 2.8. Dealer is responsible for providing repair services to all RPS product owners in your area, whether the unit requiring repair was purchased from your dealership or not Dealer will be charged a labor fee of $60.00 per hour for RPS to service products covered under warranty if dealer cannot successfully make the repairs themselves Dealer agrees not to advertise RPS products below 80% of its MSRP ATV Dealer agrees not to sell any RPS ATVs to customers with actual riders younger than its recommended age group Dealer agrees to provide a monthly Inventory Report for all sold RPS units to RPS, along with consumer contact information in order for RPS to maintain Action Plan compliance with CPSC. Page: 4

5 3. Obligations of Distributor 3.1. Distributor shall provide warranty parts based on its warranty policy (As Attachment B). Distributor shall use its best effort to maintain proper inventory levels of spare parts. Distributor reserves the right to change its warranty policy from time to time Distributor will offer protected marketing area to Standard Dealers or Distributors for a 30 mile radius from the dealer s location after a three month evaluation period. All other inquiries within that territory will be referred to the dealer or distributor Protected market area only assures Dealer or Distributor that RPS will not establish any authorized dealerships within the protected area radius specified here in this agreement. 4. Manufacturer s Certificate of Origin (MCO/MSO) Policy 4.1. Manufacturer s Certificate of Origin, hereafter called MSO, shall be mailed to dealer/distributor after RPS receives payment in full from the dealer/distributor Dealer agrees to provide purchasing customer s name, address, phone, and address at the time the MSO is requested Should dealer sell RPS product out of their licensing state, dealer must notify RPS as to which state the product was sold to so that MSOs can be issued according to the purchaser s state motor vehicle regulations. 5. General Miscellaneous Matter 5.1. Distributor shall at all times have the right to retain or retake possession of Products until paid in full. Dealer shall pay the cost of such retention or repossession, including any attorneys fees and expenses Distributor will sell products to Dealer at such prices as may be announced from time to time, which prices shall be based upon the suggested retail selling price less a discount allowed to Dealer. Distributor will keep Dealer informed of any changes or additions made from time to time in suggested retail prices, or discount schedules, and Distributor reserves the right to change such prices or discounts from time to time, provided no change in amounts charged to Dealer shall apply to Products which have been delivered to Dealer prior to the effective date Dealers shall be responsible for all freight charges from Distributor s warehouse to dealer s location All risk of loss or damage after delivery shall be assumed by Dealer Distributor may at any time discontinue the supply of any Products, or make any changes in the design, specifications or materials of Products. Distributor shall be under no liability to Dealer on account of any such changes; nor shall Distributor be required to modify or install such changes on Products previously purchased by the Dealer Dealer shall not alter any Products, whether new or used, or do anything which may in any way infringe upon, impeach or lessen the validity of the patents or trademarks under which Products may be made or sold or which will in any way impair the reputation of Distributor. Dealer shall not do anything that will impair or terminate the applicability of the warranty with respect to any Product Dealer will, at the time of executing and delivering this Agreement, furnish to Distributor a certificate from the Secretary of State or other appropriate governmental authorities that it is Page: 5

6 in good standing in the jurisdiction in which it is incorporated or otherwise constituted. Dealer will also promptly report to Distributor all changes in its corporate name or trading style and all changes in its articles of incorporation, by-laws or similar documents Dealer s change of address will require a new franchise agreement and may create conflict with protected territories of other franchised dealers or distributors. Dealer must notify RPS immediately when considering a location change to verify territory availability Dealer shall execute and deliver, and shall where appropriate, cooperate with Distributor in causing to be filed with the appropriate authorities, any and all statements and documents required or permitted by the Uniform Commercial Code and any other local laws for the protection of an unpaid seller This Dealer agreement shall be governed by and constructed under the laws of state of Texas without regard to its conflicts of law provision Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to binding arbitration in the City of Dallas, State of Texas, United States of America, before a single arbitrator agreeable to both parties. If the parties cannot agree on a designee within six (6) weeks after arbitration is requested in writing by either of them pursuant to this Agreement, the arbitration shall proceed in Dallas, Texas, United States of America, before a single arbitrator appointed by the American Arbitration Association and under the rules then obtained of that Association. The award shall be rendered in such form that judgment may be entered thereon in any court having jurisdiction thereof. 6. Indemnification Dealer agrees to indemnify and hold Distributor harmless from and against any and all claims, damages and liabilities whatsoever, asserted by any person or entity, resulting directly or indirectly from any breach of this Agreement by Dealer or any of its employees or agents. Distributor will under no circumstances be responsible or held liable for the recovery of Dealer s profit or any other expenses incurred at the time of purchase from the dealer by the consumer. Such indemnification shall include the payment of all reasonable attorneys fees and/or any other costs incurred by Distributor in defending any such claims. 7. Termination of Agreement Upon no less than thirty (30) days notice in writing, either Dealer or Distributor at its option may terminate this Agreement, unless otherwise regulated by the Dealer s governing state When termination occurs, Distributor agrees to buy back all unsold product, in its original packaging, from the Dealer at its original invoice cost, less a 20% restocking fee Refunds for display or promo product will be based on the condition and mileage at the time of the return. The maximum refund for assembled demo models will be 75% of Dealer s original purchase price Distributor will not be responsible for any transportation cost or financing cost of the original purchase. All returned products must remain in resalable as new unit condition If termination is initiated by the Distributor, Distributor will pay for the freight charges to bring the product back to Distributor. If termination is initiated by the Dealer, the Dealer will be responsible for the freight charges incurred to ship the product back to Distributor. 8. Product Returns 8.1. At Distributor s own discretion, Distributor may agree to allow Dealer to return product, under certain conditions. Dealer must first contact Distributor to provide a viable reason for any requested returns. Page: 6

7 8.2. Upon agreement between Dealer and Distributor, product may be returned for credit or refund based on the original invoice cost, less a 20% restocking fee. Product must be in its original packaging RPS will not reimburse any freight or handling charges incurred on original invoice and all shipping fees incurred to return the product will be at the expense of the Dealer. 9. Notice All notices pursuant to this Agreement shall be in writing. Notices in writing shall be sufficient and shall be deemed to have been duly given or made upon receipt of either party, (by courier service, cable, telex, telecopy, telegram, fax, , registered, or certified mail [postage prepaid, return receipt requested] to the party intended as the recipient thereof at the address of such party set forth at the head of this agreement, or at such other address or to the attention of such other person as such party shall have designated for such purpose in a written notice complying as to delivery with the terms of this Section. 10. No Other Agreement Dealer acknowledges that it has not relied on any representations, warranties or promises not contained herein, that no oral statement has been made to it that in any way tends to change or modify any of the terms of this agreement, that there is no oral agreement or understanding between the parties affecting this Agreement or relating to the subject matter here of, and that this agreement, including the schedule(s) and exhibit(s) appended hereto, sets forth the entire understanding of the parties, and that there are no agreements or understandings between the parties except as set forth herein. This agreement may not be changed or terminated orally. All captions contained in this agreement are for convenience only and are not a part of this agreement. Dealer acknowledges that by signing this agreement, dealer has read and fully understands the Franchise Agreement between RPS and Dealer and is contractually bound by the terms and conditions set forth herein. 11. Governing Law: If any provision herein contravenes the laws or regulation of dealer s state or local government, or other jurisdiction wherein this agreement is to be performed, or denies access to the procedures, forums, or remedies provided for by such laws or regulations, such provisions shall be deemed to be modified to conform to such laws or regulations, and all other terms and provisions of this agreement shall remain in full force. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove first written. DEALER By: Print Name: Title: Date: Ricky Power Sports, LLC By: Print Name: Title: Date: Page: 7

8 Warranty Policy (Attachment A) Warranty Registration/Purchase Agreement: It is our dealer s responsibility to register product for warranty, in a timely manner. Dealer must fill out the attached Warranty Registration Sheet and fax it back to us at Warranty registration must be done within 30 days after a vehicle is sold. Time is of the essence. Warranty coverage will begin on the date of purchase by the consumer. *** NO WARRANTY COVERAGE WILL BE ALLOWED UNLESS THE PRODUCT IS REGISTERED WITH RPS *** DOA Policy: RPS offers 30 days from the dealer s product receiving date, a DOA (dead on arrival) policy. Warranty coverage for unsold product will be allowed ONLY under this DOA policy. This policy will cover bumper to bumper manufacturer s defect. Mishandling or user abuse will not be covered. Limited Warranty: All warranties must be handled through the dealer where you purchased your products. If you cannot reach your dealer you will need to furnish a copy of your original bill of sale which must show our model number and VIN number, along with the date of purchase on the invoice before we can warranty your product. NO WARRANTY COVERAGE WILL BE ALLOWED UNTIL PROOF OF SALE AND REGISTRATION IS PROVIDED. The following parts are covered under warranty, along with their warranty period: On Road Products (Motorcycles and Scooters): Covered Parts Description Covered Period Motor Engine & Transmission 1 year (Unlimited Miles) All Models Mechanical Components Carburetor None Electrical Harness, CDI, Inst. Cluster 3 Months (Unlimited Miles) All Models Battery (when purchased with new unit) Battery 30 Days (Unlimited Miles) Suspension Shocks, Forks 6 Months (Unlimited Miles) Brake Caliper 6 Months (Unlimited Miles) All Models Exhaust Header pipe, Muffler 6 Months (Unlimited Miles) All Models Pulleys Moveable Gearshift Pulley 90 days (Unlimited Miles) Clutch CVT/Manual Clutch 90 days (Unlimited Miles) Page: 8

9 Off Road Product (including but not limit to: Dirt Bike, ATV, UTV, Go Cart): Covered Parts Description Covered Period Motor Engine & Transmission 1 year (Unlimited Miles) Mechanical Components Carburetor None Electrical Harness, CDI, Inst. Cluster 3 Months (Unlimited Miles) Battery (when purchased with new unit) Battery 30 Days Suspension Shocks, Forks 3 Months (Unlimited Miles) Brake Caliper 3 Months (Unlimited Miles) Exhaust Header pipe, Muffler 3 Months (Unlimited Miles) Pulleys Moveable Gearshift Pulley 30 days (Unlimited Miles) Clutch CVT/Manual Clutch 90 days (Unlimited Miles) Winch Winch 30 days (Unlimited Miles) Go Cart, Dirt Bike, UTV Note: Mechanical Components Carburetor None Winch Winch 30 days (Unlimited Miles) All Other Warrantable 30 days (Unlimited Miles) NO RETURNS Components ALL SALES ARE FINAL, NO REFUNDS ENGINE: Engine long block assembly including all internal lubricated parts, i.e. rings, pistons, pins, crankshaft and main bearings, the connecting rods, and rod bearings, camshaft bearings, timing chain gears, rocker arms, valve springs, valve guides, valve seats, valve push rods, valve lifters, and oil pump. Additionally, the engine head(s), engine block and cylinder barrels will be covered if they are solely as a result of the mechanical failure of one or more of the internal lubricated components specified above. The Cooling system must be in good working order including cooling fans. Accessory items, including but not limited to electrical components of all types (distributor, alternator, all sensors and electrical control devices), fuel systems, gaskets, seals, filters, mounts linkage and fluids are not covered by this agreement. TRANSFER CASE: All internal lubricated parts contained within the transfer case. The transfer case itself will be covered if damaged solely as a result of the mechanical failure of one or more of the internal lubricated components contained within the transfer case. Accessory items, including but not limited to, U-joints, electrical components, linkage, seals, gaskets, mounts or fluids are not covered by this Agreement. DIFFERENTIAL: All internal lubricated parts contained within the drive axle housing case. The drive axle housing itself if damaged solely as a result of the mechanical failure of one or more or the internal lubricated components contained in the drive axle housing. Accessory items, including but not limited to, backing plates, all brake system components, cables, controls, linkage, vents, pumps, U-joints, electrical controls, mounts, seals, gaskets, and fluids are not covered by this Agreement. TRANSMISSION (Automatic or Standard): All internal lubricated parts contained within the transmission case. The transmission case itself if damaged solely as a result of mechanical failure of one or more of the internal lubricated components contained within the transmission case. The Complete hydraulic system must be flushed including integral transfer case, oil cooler, lines, and new filter(s) installed. Accessory items, including but not limited to, modulators, governors, electrical controls, linkage, mounts, seals, gaskets, and fluids are not covered by this agreement. CARBURETOR With 2010 EPA standard, you will no longer be able to clean the jets, so make sure to drain the fuel before storage or if you are not going to use it for over a week. COVERAGE AND LIMITATIONS: Page: 9

10 You MUST have a professional mechanic (any small engine repair shop, motorcycle shop, or local auto repair shop), or an authorized RPS Dealer assemble your new motorized vehicle and do the prep work to assure your vehicle is in good working condition. You will need to provide proof of this when filing a warranty claim, so keep your receipts. Subject to the limitations stated in this agreement, RPS agrees (at its sole discretion and election) to replace a covered component if the covered component fails as a result of one or more of the internal lubricated parts, within the component s stated warranty period from the date of purchase, and only while the component is being used under the conditions and in the manner specified by its original manufacturer. *** THE FOLLOWING ITEMS ARE NOT COVERED UNDER ANY CIRCUMSTANCE *** Tires, rims, body panels, fuses, gaskets, light bulbs, seats, CV Boots, oil filter, air filter, fuel filter, filters, cables, drive belt, chain, spark plug, any part made from rubber, belts, brake linings and/or pads, sprockets, external springs, clips, nuts, bolts, fasteners, frame. THIS AGREEMENT AND LIMITED WARRANTY IS VOID IF ANY OF THE FOLLOWING IS TRUE: THE DAMAGE TO THE PRODUCT IS CAUSED DURING SHIPPING. THE CUSTOMER DOES NOT USE A PROFESSIONAL MECHANIC (SMALL ENGINE REPAIR SHOP, MOTORCYCLE SHOP, OR AUTO REPAIR SHOP) OR AN AUTHORIZED RPS DEALER TO ASSEMBLE AND PREP THE PRODUCT PRIOR TO OPERATION. Proof of this is required for all warranty claims. THE CUSTOMER FAILS TO FOLLOW THE MINIMUM ROUTINE MAINTENANCE AND BREAK-IN REQUIREMENTS SUGGESTED BY THE MANUFACTURER, USING THE APPROPRIATE LUBRICANTS FOR THE UNIT, AND FAILS TO PROVIDE PROPER SERVICE DOCUMENTS. THE DAMAGE TO THE COMPONENT IS CAUSED BY AN ACCIDENT. PRODUCT IS USED IN A MANNER WHICH IT WAS NOT DESIGNED FOR. THE PRODUCT IS MODIFIED IN ANYWAY. THE PRODUCT IS USED IN RENTAL BUSINESS. TOWING CHARGES: All towing and/or shipping charges incurred are the responsibility of the customer. REPLACEMENT PARTS: RPS reserves the right to inspect defective parts before replacing. In some cases, RPS will require the customer to send in the defective part for inspection before exchange can be made. The inspection process may take from 2-4 business days after its arrival to the designated inspection office. RPS will decide if the part in question is defective or otherwise. RPS does not reimburse shipping fees. All parts sent in for inspection or exchange should be sent to: REPAIRED COMPONENTS: RICKY POWER SPORTS, LLC ATTN: PARTS DEPARTMENT 2651 MANANA DRIVE, DALLAS TEXAS If the components are repaired under the terms of this agreement, they will be repaired or replaced with component parts of like kind and quality. LABOR TO REPAIR OR REPLACE PARTS: Page: 10

11 RPS does not pay for or reimburse any labor cost incurred, under any circumstances. IN WARRANTY: If your product is still under warranty you may return any part for exchange, at your expense, to our Dallas Texas Distribution Center. We will pay return shipping to you unless it is determined your part was abused or damaged other than by a manufacturer s defect. Your dealer may handle the parts exchange for you at no expense to you; however, the option to do so is at the discretion of the dealer and RPS has no control over your dealer s in house parts exchange policies. Please contact your dealer to verify their policies. OUT OF WARRANTY: Customer is responsible for all parts costs, shipping and handling fees both ways, and all labor charges incurred. SHIPPING POLICY: All orders are CIF at your ship to address. If the order is obviously damaged, just refuse the shipment. We will ship you another one and we will deal with the trucking company for the damage. However, if you accept the shipment you have waived your right to claim the shipping damage. We cannot be responsible for that kind of claim. The following is our shipping policy. All shipping related fees must be fully paid in advance. Unless the customer is using freight collect or has arranged his/her own freight services. RPS cannot guarantee delivery schedules. RPS is not responsible for shipping delays. RPS is not responsible for damages occurred during shipping. RPS is not responsible for any extra cost incurred by the customer after the part has been shipped. RPS is not responsible for return shipping costs and these costs must be included with the initial part order. If shipping fees are not included with payment, the part will not be shipped. RPS is not responsible for any incurred cancellation costs. All incurred costs due to cancellation must be paid in full and is non-refundable. (Example: If product or part has left the warehouse and the order is cancelled, the shipping company will charge freight as soon as the product leaves our warehouse.) LIMITED WARRANTY TRANSFERABILITY: THIS WARRANTY IS NOT TRANSFERABLE. NO IMPLIED WARRANTIES OR AGREEMENTS: THERE ARE NO AGREEMENTS OR WARRANTIES, EXPRESSED OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE STATED IN THIS AGREEMENT. RPS SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF DAMAGES, OTHER THAN THE SUMS SPECIFIED IN THIS AGREEMENT AND LIMITED WARRANTY, FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM INJURY, LOSS OF USE, LOSS OF TIME, RENTAL VEHICLES, PROFITS, OR INCOME TO THE CUSTOMER AS A RESULT OF A FAILURE OF ANY COMPONENT OR PART. NO OTHER AGREEMENT: There are no other agreements between the parties with regard to the components purchased except as stated in this agreement & limited warranty. Page: 11

12 Warranty Registration/Purchase Agreement (Attachment B) This agreement is to be completed by you and your dealer before you take possession of your RPS product. Please print or type clearly. RPS is not responsible for data errors that may affect your warranty coverage. Buyer s Name: Address: City St: Zip: Phone: ( ) - Dealer s Name: Address: City St: Zip: Phone: ( ) - ATV UTV Dirt Bike Go Cart Scooter Motorcycle Model #: Color: Date Purchased: / / VIN #: Engine #: Model #: Color: Date Purchased: / / Inspection OK? DI CI Inspection OK? DI CI Inspection OK? DI CI Starting: Tail Light: PSI Front L/R: Idle: Brake Light: PSI Rear L/R: Throttle Response: Turn Signal: Chain Tension: Remote Start: Hazard Light: Body Panels: Transmission: Headlight H/L: Optional Equipments: Clutch Tension: Speedometer: Coolant Fluids: Gear Shifting: Tachometer: Gear Oil: Reverse: Odometer: Transmission Oil: Front Free Spin: Indicators: Differential Oil: Rear Free Spin: Fuel Gauge: Documentation: Front Break: Horn: Manual: Rear Break: Oil Levels: Parts Manual: Battery Charger: Tires: Safety Manual: Lug Nut: Copy of Warranty: Dealer: Check the OK box if item is in good working order. Use N/A on items not applicable to the model being inspected. DI=Dealer's Initials CI=Customer's Initials. Dealer assumes all responsibility of proper operation of the vehicle at the time of delivery to the customer. Discovery of defects MUST be reported immediately. *** Failure to fill out this form may result in loss of warranty coverage *** This form, signed by both the dealer and the customer, is to be fax or mailed back to RPS within 5 business days after delivery of vehicle. Continued on next page Page: 12

13 DECLARATION OF PURCHASE: Ricky Power Sports, LLC I am over 18 years of age and am in competent capacity to voluntarily assume all risks associated with loss, damages, injury or death while operating this vehicle. I understand it is my responsibility to operate the vehicle under my state and my local laws, in the manner to which the vehicle has been designed. I understand that Scooters, Motorcycles, ATVs, UTVs, Dirt Bikes and Go Carts operate and handle differently than other vehicles. I and my dealer have completed the attached pre-delivery check list together. I understand all nuts and bolts should be checked by rider and that all lubricants must be maintained at their proper levels before each ride. (It is advisable to use a product such as "Lock Tight" on screws that tend to back out.) I have reviewed with my dealer, understand and agree with RPS s warranty policy. I am aware that by purchasing this vehicle, I assume all risks to me, my family members or any other individual I allow to operate this vehicle, and agree to waive and release certain substantial rights that I may have or possess, to the greatest allowable extent of the law. (For ATV purchases) I understand this ATV is a: Type I A Type I ATV is intended for use by a single operator and no passenger. Category G (General Use Model) ATV: An ATV intended for recreational and/or utility use by an operator age 16 or older. Category S (Sport Model) ATV: An ATV intended for recreational use by an experienced operator, age 16 or older. Category Y (Youth Model) ATV: An ATV of appropriate size intended for recreational use under adult supervision by an operator under age 16. Youth model ATVs can further be categorized as follows: Category Y-6+ ATV. A Category Y-6+ ATV is a youth model ATV with maximums speed under 15MPH, that is intended for use by children age 6 or older. Category Y-10+ ATV. A Category Y-10+ ATV is a youth model ATV with maximums speed under 30MPH, that is intended for use by children age 10 or older. Category Y-12+ ATV. A Category Y-12+ ATV is a youth model ATV with maximums speed under 30MPH, that is intended for use by children age 12 or older. Category T (Transition Model) ATV. A Category T ATV is an ATV of appropriate size with maximums speed under 38MPH that is intended for recreational use by an operator age 14 or older under adult supervision, or by an operator age 16 or older. Type II A Type II ATV is intended for use by an operator or an operator and a passenger. It is equipped with a designated seating position behind the operator designed to be straddled by no more than one passenger. and no one under the age of will ride this ATV. If the unit is under Category Y or Category T, the ATV must always be operated under the supervision of an adult. By purchasing this unit and signing this declaration, buyer confirms that this product will be used in a lawful manner. Neither dealer nor distributor will be held liable for the misuse of any product purchased from this establishment. I have received my Safety-Kit from my dealer and I am aware of the details in the ATV Safety Alert from the CPSC. Buyer s Signature and Date: Dealer s Signature and Date: For complete information on our warranty and tech support, please visit our web site or contact your local dealer. Mail To: RICKY POWER SPORTS, LLC ATTN: Warranty Department 2651 Manana Drive Dallas, TX or Fax: to: (972) Page: 13