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Ya' know... At first I had decided to stay out of some of the dichotomy here about deposits, contracts, etc., but as a former dealer (both car and motorcycle, new and used) I thought maybe I could chime in and clear up some of the issues being discussed about who owes what to whom, and where contracts exist and don't. Please understand, I am not taking "sides", nor am I saying anyone is "right" or "wrong"... Just offering up some info I hope will help.
First, and perhaps most important for the remainder of this, is that dealers in the USA do *NOT* have any sort of "franchise" with the motorcycle manufacturer. They have what is commonly referred to as a "sales agreement" that allows them to sell, service, and stock parts for the given manufacturer's products. This "sales agreement" also allows them access to certain unique advertising, promotional, marketing, etc. resources of the manufacturer, and usually grants them an "area" to do business in, though the constraints on this are often controlled by state law more than any "sales agreement". State law always trumps manufacturer "sales agreements" here in the USA.
Now years ago, certain manufacturers (particularly in the car industry) who planned to introduce new and limited production models wanted to assure that dealers in larger markets didn't monopolize and dominate the ordering of these models came up with various ways to have order programs that tied orders to individual customer orders... Much like Yamaha's PDP. These have all been tweaked and played with over the years by various manufacturers to try to avoid "speculators" (Ferrari led the way with this), again large market dealers trying to grab all of production (both Ford and Honda tried to deal with this), and other means of controlling ordering and delivery. Porsche had a couple of interesting debacles with this, and on the motorcycle side Ducati has experienced some hiccups with "limited production" or "introductory" models.
So now we come to the situation here with Yamaha and the PDP on the Super Tenere...
With Yamaha's PDP, the *CUSTOMER*, as I still understand the law, etc. pertaining to dealers and manufacturers, has *NO* "contract" with Yamaha. Yamaha has the PDP to both determine the exact number of units they should produce for the USA market and to try an avoid certain dealers in given markets from dominating the ordering process on these models. Yamaha requires the *DEALER* to put up a $500 deposit, with a name, etc. to place an order for that given model. The *DEALER* gives the $500 deposit to Yamaha, not the customer. It is up to the dealer to collect the deposit or not. In fact, in my first PDP experience, for a 2006 FJR, with a dealer is a 20+ year friend of mine (and former motorcycle market competitor in the local area), he never even asked me for the $500 deposit. Oddly enough, another dealer friend of mine who is a Ducati dealer, never required me to put up the $1,500 deposit for a Ducati Desmosedici when those came up on a similar program. He knew I was good for it (I was, and took delivery on both the 2006 FJR and the 2008 Desmosedici... and they are different dealers in different cities). With the Yamaha dealer he still ordered the bike in my "name", and he ordered another couple of FJR's, too, in names of his family members. Of course, with each of these he had to place a $500 deposit with Yamaha (which with Jap brand dealers is usually done through their "open parts account).
Now we come to the "refunds" for those that wish to cancel their Super Tenere PDP orders...
Each person who placed a PDP *MAY* have a "contract" with their Yamaha dealer. That all depends on the individual customer and their dealer. Was an entire buyer's order/contract filled out an signed? Was financing arranged? Were definite numbers agreed to and placed in print? Etc., etc., etc. All of that is at the determination of the *DEALER*, who buys his product for a fixed price from Yamaha, and then negotiates a final price for the unit, and the details of payment of that price, with the customer. Sometimes manufacturer sponsored financing can enter into this particular part of the transaction, but that still has nothing to do with the PDP. Whether you give your dealer the $500 deposit or not that *DEALER* has to give Yamaha $500 to order the unit, because that is the requirement of the ordering program for that individual model. Yamaha gets that deposit from the dealer, and has no idea if the dollars came from you, your grandmother, or just the dealer himself. This how dealers often order units for *themselves*, or for their showrooms... by putting up the $500 per unit themselves.
When it comes to "refunds", that is entirely up to the arrangement you made with your dealer... Refundable, non-refundable, whatever. It's all actually up to the dealer. Depending on your arrangement with him you may, or may *NOT*, get your deposit back at all, regardless of Yamaha's offer of "refunds" until May 31st, 2011. All that offer assures is that if a dealer can get a PDP "customer" (and that includes units he may have ordered for himself under family, staff, etc. names) to fill out one of those "refund" forms then Yamaha will *CREDIT* (i.e. "refund" the money to) the dealer's open parts account. And it is actually up to the dealer, and your arrangement with him, as to whether you get any money back or not.
Regardless of what some may think, no PDP ordering individual customer has a "contract" with Yamaha USA, Yamaha Japan, or any other corporate entity of Nippon Gakki (Yamaha's parent company) itself. All you may have (or may not have) is a "contract", agreement, handshake deal, whatever... with an agreed upon *DEALER* of Yamaha's products here in the USA, and even that tenuous connection is with Yamaha USA in Cypress - *NOT* Yamaha (or Nippon Gakki) in Japan.
Again, not trying to take sides, or inflame the discussion. Just trying to clear up perhaps some misconceptions.
Hope it helps.
Dallara
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