B.E.S.T.

B.E.S.T. CONTRACT TERMS

PLEASE READ THIS B.E.S.T. CONTRACT CAREFULLY. IT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE OWNER AND BRP AND PROVIDES THE COVERAGE FOR THE TERM THAT IS DESIGNATED IN THE DECLARATIONS. THIS B.E.S.T. CONTRACT SUPERSEDES ANY OTHER WRITTEN OR ORAL STATEMENTS MADE TO THE OWNER ABOUT THE COVERAGE UNDER THIS B.E.S.T. CONTRACT. THIS B.E.S.T. CONTRACT IS VALID ONLY IF APPROVED BY BRP, WHICH RESERVES ITS RIGHTS TO RATIFY OR NOT, AT ITS SOLE DISCRETION, ANY B.E.S.T. CONTRACTS.

DEFINITIONS

Here are the definitions of some of the key words used in this B.E.S.T. Contract (Key words appear in bold type in the body of this B.E.S.T. Contract).

Authorized Dealer:

means the BRP dealership authorized to sell this B.E.S.T. Contract and to repair the Covered Outboard under this B.E.S.T. Contract.

B.E.S.T. Contract:

means this BRP Extended Service Terms Contract.

BRP:

means BRP US Inc., unless defined otherwise.

BRP Limited Warranty:

means the manufacturer’s limited warranty which is issued with all new and unused Covered Outboards.

Covered Outboard:

means the Evinrude® E-TEC® identified in the Declarations.

Declarations:

means that portion of this B.E.S.T. Contract containing information on the identity of the Owner, of the Covered Outboard, the description of the Covered Outboard, and the term and purchase price of the B.E.S.T. Contract.

Mechanical Breakdown:

means the breakage or failure of an original or genuine manufacturer part within a covered system as a result of a defect in material and/or workmanship.

Owner:

means the person named as Owner in the Declarations of this B.E.S.T. Contract.

Repair Costs:

means the applicable labor at the retail labor rate at date of repair, applicable replacement parts approved by BRP at the same established rate as for the regular warranty and applicable taxes incurred to repair a Mechanical Breakdown during the selected term of this B.E.S.T. Contract at an Authorized Dealer.

GENERAL PROVISIONS

This B.E.S.T. Contract between the Owner and BRP is applicable exclusively to the Covered Outboard which was purchased where the Owner resides and for use strictly in continental North America (including Hawaii, excluding Puerto Rico). This B.E.S.T. Contract provides for reimbursement of any Authorized Dealer Repair Costs. This B.E.S.T. Contract must be purchased in the country where the Owner resides and within the period of the BRP Limited Warranty. BRP's responsibility is limited to making the required repairs or replacement of parts with new or BRP-certified re-manufactured parts. BRP reserves the right to exclude some models. Product must be used for private or recreational use. Commercially used products are not eligible for coverage under this B.E.S.T. contract. The Product is used commercially when it is used in connection with any work or employment that generates income, during any period of time. The Product is also used commercially when, at any point during the warranty period, it is installed on a boat that has commercial tags or is licensed for commercial use.

OWNER’S OBLIGATIONS

1. Pay the first $50.00 (fifty dollars) in Repair Costs dueto a Mechanical Breakdown covered by this B.E.S.T. Contract.
2. Operate, maintain, service and store the Covered Outboard in accordance with the appropriate procedures as specified in the Covered Outboard Operator’s Guide. (Proof of maintenance may be required).
3. Ensure at all times that all BRP campaigns are performed on the Covered Outboard by a BRP Authorized Dealer.
4. Keep receipts and other records showing that proper maintenance and service as described in the Covered Outboard Operator’s Guide has been performed.
5. Keep a copy of this B.E.S.T. Contract as evidence of Owner’s purchase of this B.E.S.T. Contract. Owner must show a copy of this B.E.S.T. Contract to a BRP Authorized Dealer to qualify for reimbursement of Repair Costs.

EXCLUSIONS

The following are not covered under any circumstances:

1. Replacement of parts due to normal wear and tear;
2. Routine maintenance parts and services including but not limited to: maintenance requirements, lower unit oil changes, lubrication and linkage adjustments and replacement of fuses, zinc anodes, thermostats, starter motor bushings, trim motor brushes, filters, propellers, propeller bushings and spark plugs;
3. Damage caused by improper or lack of installation, maintenance, winterization and/or storage, failure to follow the procedures and recommendations in the Operator's Guide;
4. Damage resulting from removal of parts, improper repairs, service, maintenance, or modification, or use of parts or accessories not manufactured or approved by BRP, which in its reasonable judgment are either incompatible with Covered Outboard or adversely affect its operation, performance, or durability, or resulting from repairs done by a person that is not an Authorized Dealer;
5. Damage caused by abuse, misuse, abnormal use, neglect, racing, improper operation or operation of the Covered Outboard in a manner inconsistent with the recommended operation described in the Operator’s Guide;
6. Damage resulting from external damage, accident, submersion, water ingestion, fire, theft, vandalism or any act of God;
7. Operation without proper fuel, oil or lubrication, or with fuels, oils or lubricants which are not suitable for use with the Covered Outboard (see the Operator’s Guide);
8. Damage resulting from rust or corrosion;
9. Damage caused from cooling system blockage by foreign material;
10. Damage resulting from sand or debris in the water pump;
11. Cosmetic or paint changes due to exposure to the elements;
12. Upper and lower covers;
13. Cosmetics;
14. Rubber components including hoses; and
15. Accessories included with the Covered Outboard.

This coverage will be voided in its entirety and rendered null and void where:

1. Covered outboard has been altered or modified in such a way so as to adversely affect its operation, performance or durability, or change its intended use, horsepower or emission levels; or
2. Covered Outboard is or has been used for racing at any point, even by a prior owner.

ITEMS NOT COVERED

ALL INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND ARE EXCLUDED FROM COVERAGE UNDER THIS CONTRACT INCLUDING, BUT NOT LIMITED TO: expense for gasoline, expense for transporting the Covered Outboard to and from Authorized Dealer, removal of Covered Outboard from a boat and reinstallation, mechanic’s travel time, in-and-out of water charges, slip or dock fees, trailering or towing, storage, telephone, cell phone, fax or telegram charges, rental of a like or replacement Covered Outboard or boat during repair services or down time, taxi, travel, lodging, loss of or damage to personal property, inconvenience, cost of insurance coverage, loan payments, loss of time, loss of income, revenue or profits, or loss of enjoyment or use of Covered Outboard.

TERM

Regular B.E.S.T. means the term of this B.E.S.T. Contract for the Covered Outboard is selected and designated in the Declarations. The term of this B.E.S.T. Contract commences at the expiration of the BRP Limited Warranty and ends at the expiry of the coverage after 24 months or 1,000 hours of operations in the lifetime of the Covered Outboard, whichever is the first reached.

LIMIT OF LIABILITY

1. BRP’s maximum liability under the B.E.S.T. Contract shall not in any case exceed the fair market value of the Covered Outboard at the time of the repair of Mechanical Breakdown.
2. Neither the Authorized Dealer nor any other person has been authorized to make any agreement, affirmation or representation other than those contained in the B.E.S.T. Contract and if made, such agreement, affirmation or representation shall not be enforceable against BRP or any other person.

PROCEDURE

The registered Owner must notify an Authorized Dealer within two (2) days of the appearance of a defect. Owner must bring Covered Outboard, including any defective part therein, to Dealer promptly after the appearance of the defect, and in any event, within the coverage period, and must provide Dealer with reasonable opportunity to repair the defect. The expenses of transporting the Covered Outboard to and from the Dealer for warranty service are to be borne by the Owner.

If the Covered Outboard has not previously been registered, the Owner may also be required to present proof of purchase to dealer for repairs. Owner is required to sign the repair/work order prior to the start of the repair in order to validate the repair. All parts replaced under this coverage become the property of BRP.

The Owner must present proof of this B.E.S.T. Contract to the BRP Authorized Dealer prior to any repair and shall sign Authorized Dealer’s work order once repairs have been completed on the Covered Outboard. All parts replaced shall remain the property of BRP. In the event of a controversy or dispute arises in relation with the B.E.S.T. Contract, BRP suggests trying to resolve the issue with the Authorized Dealer. If further assistance is required, the Owner may write or contact the BRP Customer Assistance Center, Attn: BEST Contracts P.O. Box 597Sturtevant, WI 53177. Phone 1-847-689-7090.

CANCELLATION

BRP shall have the right to cancel B.E.S.T. Contract at any time in the event of fraud, misrepresentation or falsification of Declarations, if the Covered Outboard is repossessed or a total loss not resulting from a Mechanical Breakdown. No other type of cancellation will be considered except where provided otherwise by law.

TRANSFER RIGHTS

To transfer this B.E.S.T. Contract, a transfer of ownership form (available on Dealer PortTM) must be completed at a BRP Authorized Dealer. Upon completion of the form, the change of ownership will be automatically completed for the remaining term of the B.E.S.T. Contract.

STATE AMENDMENTS

This B.E.S.T. Contract is amended to comply with the following State requirements:

MASSACHUSSETS. The following wording is added: Notice to customer. The coverage you are buying is not required in order to register or finance a vehicle. The benefits provided may duplicate express manufacturer’s or seller’s warranties that come automatically with every sale. You can be required by the seller of this coverage to pursue those warranties which are available to you without this contract.

MAINTENANCE SCHEDULE

Routine inspection and maintenance is necessary to prolong Outboard life. The following provides guidelines for inspection and maintenance to be performed by an Authorized Dealer. Please refer to your Operator’s guide for details. Outboards used in heavy duty or high hour applications require more frequent inspections and maintenance. Adjust schedule for operating and environmental conditions.

(1) Average recreational use. Heavy use, or use in salt or polluted water requires more frequent inspection and maintenance (annual checks are recommended)

(2) Emission-related component

(3) Annually in salt water applications

A. HPF XR Gearcase Lubricant HPF Pro Gearcase Lubricant in high performance or commercial applications

B. Evinrude/Johnson Biodegradeable TNT Fluid

C. Triple-Guard Grease

D. Starter Bendix Lube ONLY, P/N 337016