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Model Year 2025 Snowmobile Pre-Order Program Terms and Conditions

MY25 Pre-Order Terms & Conditions

 

These Terms and Conditions (the "Terms") apply to all pre-orders placed pursuant to the Model Year 2025 Snowmobile Pre-Order Program and any and all sale of goods resulting therefrom between Arctic Cat Sales Inc. (the "Company") and the dealership listed above (the "Dealer"). By pressing the "Place Order" button, you are transmitting a request to Company to purchase a vehicle with the specified or a similar configuration, to be finalized at a later date (the "Pre-Order"), and generating a separate purchase order subject to the acceptance of Company as described below (the "Order Form"). Dealer understands it is affirmatively submitting the Pre-Order to Cat Tracker and generating the Order Form therefrom. By placing the Pre-Order, Dealer accepts and agrees to be bound by these Terms.

 

Representations and Warranties: The Dealer representative submitting this Pre-Order expressly represents and warrants that they have the authority to place the Pre-Order, including agreement to all terms and conditions, on behalf of Dealer, and Dealer waives any right to object to the validity of the Pre-Order. Dealer represents and warrants that it has reviewed the "End User Details" associated with the Pre-Order; that the End User Details are true, accurate, and complete to the best of Dealer’s knowledge; that the End User Details represent and reflect a qualified, "bona-fide end user"; and that the end user has expressed a desire to purchase a vehicle with the requested configuration from Dealer at a later date. A "bona-fide end user" is an individual purchasing a vehicle or vehicles for personal use and who is not purchasing the vehicle(s) solely for resale or commercial use. Dealer understands and agrees that Company reserves the right to audit and confirm the End User Details contained in the Order Form. If, in Company’s sole discretion, the End User Details submitted by Dealer are found to be in violation of these Dealer representations and warranties, the Order Form shall be deemed invalid and rejected by Company, and Dealer shall forfeit any deposit placed with the Order, notwithstanding any prior acceptance. Dealer further represents and warrants that each ordered vehicle that Company delivers shall be warranty registered to the bona-fide end user named on the Order Form within 30 days of delivery. Dealer agrees that, for any vehicle not warranty registered to that end user in that time, Company shall have the right, but not the obligation, to assess a penalty against Dealer for breach of Dealer’s warranty. Upon demand, Dealer shall pay to Company an amount up to the full unpaid balance of any unregistered vehicles. Dealer represents it has sufficient financing available to take delivery of all products ordered from Company, and Dealer shall maintain such financing through Company’s delivery of the ordered products. Dealer agrees to take delivery of the goods as they become available from Company. Company disclaims any and all liability resulting from Dealer’s breach of any representation or warranty made by Dealer herein. Nothing herein shall grant any right to any third party.

 

Acceptance: The Order Form is subject to acceptance by Company, in its sole discretion. Dealer agrees that any acceptance by Company relies on the representations and warranties made by Dealer herein. Quantities are limited, and production volumes are not guaranteed. Order Forms will be reviewed on a first-come, first-served basis, in the order they were received by Company, subject to these Terms. Acceptance by Company shall be either (1) an express, written confirmation that Company has accepted the Order Form, or (2) at the time conforming goods are delivered to Dealers carrier. Once an Order Form is accepted, it will become a Firm Order. Prior to acceptance, Company may reject a Pre-Order for any reason, or no reason, in its sole discretion. Final configurations of vehicles will be set at the time of delivery, and vehicle components may differ from those advertised at the time of Pre-Order.

 

Cancellation and Refund: If, at any time, Company decides not to accept the Order Form and notifies Dealer of such non-acceptance, Company shall refund the deposit to Dealer, subject to the Terms. Dealer may cancel the Pre-Order at any time prior to Company acceptance, subject to a cancellation fee, the price of which is to be determined in accordance with damages incurred by Company. Any cancellation by Dealer occurring after March 15, 2024, shall be subject to a minimum cancellation fee of $1,000.

 

Dealer Agreement: The Order Form and these Terms are subject to the additional terms and conditions of the Retail Dealership Agreement between Dealer and Textron Specialized Vehicles Inc. and its subsidiaries and affiliates, including Company (the "Dealer Agreement"). Any misrepresentation or violation by Dealer in placing the Pre-Order

shall constitute good cause for Company to immediately terminate the Dealer Agreement. To the extent these Terms expressly conflict with the Dealer Agreement, these Terms control. Where possible, the Dealer Agreement and these Terms should be interpreted as not in conflict.

 

Force majeure: Company shall not be liable to Dealer for any failure to perform due to the occurrence of any event or contingency beyond the control of Company, its affiliates, or their respective subcontractors and vendors, including, but not limited to, war (whether an actual declaration thereof is made or not) or hostility; sabotage, terrorism, insurrection, riot or other act of civil disobedience, crime, tort or other unlawful act; act of a public enemy; failure or delay in transportation; act of any government or any agency, subdivision or branch thereof; judicial action; strike or other labor dispute; accident, fire, explosion, flood, storm, epidemic, pandemic or other act of God; shortage of labor, fuel, materials or machinery, or technical failure; or delay or failure to perform by any Company supplier, including, but not limited to, as the result of pandemic.

 

Sole & Exclusive Remedy: In the event of any failure of Company to deliver any Firm Order, Dealer’s sole and exclusive remedy shall be the reimbursement of Dealer’s deposit for the respective unit. Nothing contained herein shall provide Dealer a cause of action to recoup any monies paid by Dealer in the event Dealer provides Company with false or misleading information, or otherwise in violation of Dealers representations and warranties. In no case shall Company be liable for any indirect, incidental, consequential, special or punitive damages, included but not limited to lost profits.

 

Freight, Delivery, and Additional Charges: Company reserves the right to apply additional surcharges for vehicles prior to delivery. Any vehicle returned to Company for any reason shall be subject to a 5% restocking fee. Freight Terms: FCA. These commodities, technology, or software not for export from the United States. Diversion contrary to U.S. law is prohibited.