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TERMS AND CONDITIONS

ALL STATES

This Kawasaki Protection Plus (hereinafter KPP or the “Contract”) contract is between the Owner identified above and Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, California, 92610 (hereinafter “Kawasaki”). Purchase of this Contract is not required in order to purchase, register, or obtain financing for a Product covered by this Contract. KPP is not an insurance policy. Unless otherwise noted, obligations of Kawasaki under this Contract are backed by the full faith and credit of Kawasaki. Any questions or complaints regarding the KPP may be directed to Customer Care toll free at 866-802-9381.

Definitions
  • Dealer: The dealer identified in the Dealer Information section above, who sells the Contract to the consumer.
  • Kawasaki: Kawasaki Motors Corp., U.S.A. 26972 Burbank, Foothill Ranch, California, 800-357-8540.
  • Owner (You, Your): The person(s) or company identified in the Contract Holder Information section above, who is the purchaser or holder of this Contract.
  • Contract: The Kawasaki Protection Plus service contract between the Owner and Kawasaki.
  • Contract Purchase Price: The retail price paid by a consumer for this Contract.
  • Contract Purchase Date: The date the Contract was purchased by the Owner.
  • Contract Term Start Date: The date coverage under the Contract becomes effective. For Initial KPP, the Contract Term Start Date is the day following expiration of the Kawasaki Limited Warranty. For Renewal KPP, the Contract Term Start Date is the day following expiration of the current KPP Contract for that Product. For Pre-Owned KPP, the Contract Term Start Date is the Contract Purchase Date shown above.
  • Pre-Existing Condition: Defects on Pre-Owned Products that were present on the Contract Purchase Date.
  • Pre-Owned Product: A Product previously owned by someone other than Kawasaki, the Dealer or Owner.
  • Product: Any product manufactured by Kawasaki.
  • Retail Purchase Date: The date the Product was purchased.
  • Manufacturing Defect: The failure of a covered Kawasaki part or component to functionally perform due solely to defects in material or factory workmanship. See the Exclusions from Coverage section for items or occurrences that are not covered.
Owner’s Obligations

To maintain coverage, the Owner must operate and maintain the Product as outlined in the Owner’s Manual. It is essential that service inspections, adjustments, and replacements are performed in accordance with the time and mileage intervals and other recommendations given in the maintenance schedule are performed. The Owner is responsible for paying all maintenance costs, including scheduled periodic service costs. Keep paid receipts and other records showing that proper maintenance and services have been performed.

Coverage

This Contract covers Kawasaki parts and components originally supplied with the Product and any Kawasaki parts or components replaced under the Kawasaki Limited Warranty or this Contract. During the Contract Term, any covered part or component found by Kawasaki to have experienced a Manufacturing Defect shall be repaired or replaced, at Kawasaki’s option, without charge for material or labor with genuine Kawasaki parts or components only. There is no mileage limitation or deductible charge on covered items during the Contract Term. This Contract does not cover the items or occurrences identified in the Exclusions from Coverage section, below. It is Your responsibility to protect the Product against further damage.

Battery Coverage
Coverable Condition:
  • A new battery that has been properly activated and tested that fails to meet the minimum requirements for its type.
  • Defects in materials and workmanship within the Contract Term.
How to Obtain Coverage

Covered repair or replacement may only be obtained during the normal business hours at any Kawasaki dealer located within the United States of America that is authorized to repair the Product. To find the nearest authorized Kawasaki dealer or to inquire about obtaining repairs or replacements, call Customer Care toll-free: 866-802-9381. The Owner does not need to seek prior approval from Kawasaki prior to contacting a Kawasaki dealer for covered repairs or replacements.

Additional Benefits (On-Road Motorcycles Only)

Emergency Road Service consists of the additional services listed below. The Owner is responsible for any costs incurred over the maximum amounts or as otherwise indicated below.

  • Flat Tire Towing Service: In the event of a flat tire on the Product, we will arrange to have the Product transported to the nearest tire repair facility up to a maximum cost of $250.00 for all services.
  • Battery Service: In the event the Product will not start due to a weak or “run down” battery, we will arrange for a service provider to boost or jump-start the Product with a booster battery up to a maximum cost of $100.00.
  • Delivery Service: We will arrange for the delivery of emergency supplies of gasoline, oil or water and other accessories and supplies as may be required and available. The Owner is responsible for the cost of supplies delivered.
  • Towing Service: In the event the Product is disabled, we will arrange to have the Product transported to a destination of the Owner’s choice for a maximum cost of $250.00.

Emergency Road Service is provided through Nation Motor Club, LLC dba Nation Safe Drivers with administrative offices at 5600 Broken Sound Boulevard NW, Boca Raton, FL 33487. For assistance, call toll-free 1-866-286-6587. When calling for roadside assistance, the Owner must provide: (1) Member ID (i.e., the Product’s Vehicle Identification Number), (2) the Owner’s name, (3) a callback telephone number, (4) the service requested, (5) Product information, (6) license plate information, (7) the location of the Product, and (8) a tow-to destination (if known). If prompted, provide Producer Code: 10022 and Plan Letter(s): “KM”.

  • In Alabama, Alaska, and Utah: All services and benefits are administered through Nation Safe Drivers Services, Inc. at 5600 Broken Sound Boulevard NW, Boca Raton, FL 33487.
  • In California, all roadside services and benefits are administered by Nation Motor Club, LLC, at 5600 Broken Sound Boulevard NW, Boca Raton, FL 33487. California Motor Club Permit Number 5157-3.

Availability: Emergency Road Service is available during the Contract Term. No deductible applies to the Emergency Road Service benefits, but the Owner is responsible for any costs incurred over the maximum amounts or as otherwise indicated above. The Owner is entitled to one paid benefit per seventy-two (72) hour period and no more than five (5) dispatched services per Owner’s yearly membership term.

Limitations: Vehicles that have been submerged in water or have been off-road and are not on a maintained roadway are NOT covered for Emergency Road Service. We assume no liability for any damages to the Product or property resulting from the performance of services. Services provided by us will not be available in non-maintained areas or areas not regularly traveled, such as vacant lots, beaches, open fields, roads closed during the season of the request, or other places which would be hazardous for service provider units to reach (“out of bounds areas”). We will not be responsible for service in areas that restrict or ban access to service providers, such as governed highways. In the event that the Product is disabled and Nation Motor Club, LLC was unable to fulfill its obligations for any of the above covered services, and you were instructed to contract for a covered service of your own, you will be able to submit your original receipted road service expenses for reimbursement consideration. You must send your original receipted roadside bills along with a completed claim form to: Nation Motor Club, LLC at 5600 Broken Sound Boulevard NW, Boca Raton, FL 33487, Attn: Claims. Claim forms may be obtained online at www.nsdclaims.com or by calling toll-free 1-888-684-9327. Maximum reimbursement is up to $250.00. ASSISTANCE OBTAINED THROUGH ANY SOURCE OTHER THAN NATION MOTOR CLUB, LLC WITHOUT CONTACTING US FIRST IS NOT COVERED AND IS NOT REIMBURSABLE.

Transfer Rights

THIS CONTRACT MAY BE TRANSFERRED, IN CONNECTION WITH A TRANSFER OF THE PRODUCT, TO A SUBSEQUENT OWNER BEFORE THE EXPIRATION DATE WITHOUT PAYMENT OF A TRANSFER FEE. As part of the transfer process, the Product and the Contract must be re-registered in the name of the subsequent Owner within thirty (30) days of transfer and all maintenance records must accompany transfer of the Product for use by the subsequent Owner. Contact any authorized Kawasaki dealer or Kawasaki for assistance with making a transfer.

Cancellation

Free Look Period: If the Contract is cancelled within thirty (30) days of the Contract Purchase Date and no claims have been incurred, the Owner will receive a full refund of the Contract Purchase Price.

Cancellation by Owner: Except as otherwise provided under the State Specific Provisions section below, You may cancel this Contract at any time, while You still legally own the covered Product, including when loss of a Product occurs or when the Owner sells the Product without transfer of this Contract. Please contact the Dealer to complete a KPP Cancellation Request Form. The cancellation request must be submitted within forty-five (45) days from the date that the cancellation is to become effective (except in the case of repossession, stolen, or total loss Products). In addition to the first page of the Kawasaki Protection Plus Contract, Kawasaki may require supporting documentation for contracts cancelled due to total loss, repossessed, or stolen Products. Cancellations are processed as follows:

Cancellation Date Covered Product in Limited Warranty
"FREE LOOK PERIOD"
WITHIN 30 DAYS OF CONTRACT PURCHASE DATE		 If You request to cancel the Contract within thirty (30) days of the Contract Purchase Date and the KPP has not taken effect, Kawasaki will cancel the Contract and You will receive a full refund of the Contract Purchase Price with no cancellation fee imposed.
Cancellation Date Covered Product in KPP - No Claims
"FREE LOOK PERIOD"
WITHIN 30 DAYS OF CONTRACT PURCHASE DATE		 If You request to cancel the Contract within thirty (30) days of the Contract Purchase Date and the KPP is in effect and no claim(s) has been incurred, Kawasaki will cancel the Contract and You will receive a full refund of the Contract Purchase Price with no cancellation fee imposed.
Cancellation Date Covered Product in KPP - Claims Incurred
"FREE LOOK PERIOD"
WITHIN 30 DAYS OF CONTRACT PURCHASE DATE		 If You request to cancel the Contract within thirty (30) days of the Contract Purchase Date and the KPP is in effect and a claim(s) has been paid or is pending payment, Kawasaki will cancel the Contract and You will receive a full refund of the Contract Purchase Price less the claim(s) paid under the Contract, unless otherwise provided under the State Specific Provisions section below with no cancellation fee imposed.
Cancellation Date Covered Product in Limited Warranty
WITHIN 60 DAYS OF CONTRACT PURCHASE DATE If You request to cancel the Contract within sixty (60) days of the Contract Purchase Date and the KPP has not taken effect, Kawasaki will cancel the Contract and You will receive a full refund of the Contract Purchase Price with no cancellation fee imposed.
Cancellation Date Covered Product in KPP - No Claims
WITHIN 60 DAYS OF CONTRACT PURCHASE DATE If You request to cancel the Contract within sixty (60) days of the Contract Purchase Date and the KPP is in effect and no claim(s) has been incurred, Kawasaki will cancel the Contract and the unearned Contract Purchase Price will be refunded, calculated on a pro rata basis with no cancellation fee imposed. The pro rata refund will be equal to the Contract Purchase Price, divided by the Contract Term (in months), multiplied by the number of months remaining under the Contract Term.
Cancellation Date Covered Product in KPP - Claims Incurred
WITHIN 60 DAYS OF CONTRACT PURCHASE DATE If You request to cancel the Contract within sixty (60) days of the Contract Purchase Date and the KPP is in effect and a claim(s) has been paid or is pending payment, Kawasaki will cancel the Contract and the unearned Contract Purchase Price will be refunded, calculated on a pro rata basis, less claims paid under the Contract, unless otherwise provided under the State Specific Provisions section below with no cancellation fee imposed. The pro rata refund will be equal to the Contract Purchase Price, divided by the Contract Term (in months), multiplied by the number of months remaining under the Contract Term.
Cancellation Date Covered Product in Limited Warranty
AFTER 60 DAYS FROM CONTRACT PURCHASE DATE If You request to cancel the Contract after sixty (60) days from the Contract Purchase Date and the KPP has not taken effect, Kawasaki will cancel the Contract and You will receive a full refund of the Contract Purchase Price less a twenty-five dollar ($25) cancellation fee.
Cancellation Date Covered Product in KPP - No Claims
AFTER 60 DAYS FROM CONTRACT PURCHASE DATE If You request to cancel the Contract after sixty (60) days from the Contract Purchase Date and the KPP is in effect and no claim(s) has been incurred, Kawasaki will cancel the Contract and the unearned Contract Purchase Price will be refunded, calculated on a pro rata basis, less a twenty-five dollar ($25) cancellation fee. The pro rata refund will be equal to the Contract Purchase Price, divided by the Contract Term (in months), multiplied by the number of months remaining under the Contract Term.
Cancellation Date Covered Product in KPP - Claims Incurred
AFTER 60 DAYS FROM CONTRACT PURCHASE DATE If You request to cancel the Contract after sixty (60) days from the Contract Purchase Date and the KPP is in effect and a claim(s) has been paid or is pending payment, Kawasaki will cancel the Contract and the unearned Contract Purchase Price will be refunded, calculated on a pro rata basis, less claims paid under the Contract, unless otherwise provided under the State Specific Provisions section below, less a twenty-five dollar ($25) cancellation fee.

Cancellation by Kawasaki: Except as otherwise provided under the State Specific Provisions section, Kawasaki may cancel this Contract based on one or more of the following reasons:

  1. Non-payment of the Contract Purchase Price.
  2. A material misrepresentation made by the Owner.
  3. A substantial breach of duties by the Owner under this Contract relating to the Product or its use.
  4. If at any time during the Contract Term the Product is found not to meet Kawasaki’s eligibility terms of the Contract.

Based upon these reasons, Kawasaki reserves the right to deny any pending claims(s) and cancel the Contract. If Kawasaki cancels this Contract, it will refund the unearned Contract Purchase Price to the Owner calculated on a prorated basis. The pro rata refund will be equal to the Contract Purchase Price, divided by the Contract Term (in months), multiplied by the number of months remaining under the Contract Term, less a cancellation fee of $25 (if cancelled after 60 days from the Contract Purchase Date). In the event of cancellation, the Lienholder identified on this Contract, if any, will be named on the cancellation refund check, as its interest may appear.

Cancellation by Lienholder: If the Product and this Contract have been financed, the Lienholder shown on this Contract may cancel this Contract for non-payment or if the Product is declared a total loss or is repossessed. This right of cancellation does not confer ownership of this Contract to the Lienholder or otherwise entitle the Lienholder to performance under this Contract.

Refund Penalty: If Kawasaki does not pay or credit the refund owed to the Owner within thirty (30) days of Kawasaki’s receipt of the KPP Cancellation Request from the Dealer or from the Owner for a KPP Direct Sale, a ten percent (10%) penalty per month will be added to the refund owed.

Important Information: In the event the cost of this Contract was financed, and a refund is owed, any potential refund will be distributed to the lienholder listed on this Contract, unless proof can be provided that the lien has been satisfied.

All cancellation requests must be submitted to the Dealer that sold the Contract unless the Contract was purchased directly from Kawasaki. If the Contract was purchased directly from Kawasaki, please contact Customer Care at 866-802-9381 to begin the cancellation process.

Damages Limitations and Exclusions

Unless otherwise prohibited by law, Kawasaki’s liability for breach of this agreement shall not exceed the value of repairs (including parts and labor) found to have been improperly or wrongfully denied.
KAWASAKI SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, LOSS OF USE OF THE PRODUCT, EXPENSE OF RETURNING THE PRODUCT TO AN AUTHORIZED KAWASAKI DEALER, PERSONAL INJURY OR DAMAGES TO PROPERTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Exclusions from Coverage

This Contract does not provide coverage for:

  1. Failures which are not due to a defect in material or factory workmanship.
  2. Repairs performed by, and parts and service received from an entity other than an authorized Kawasaki dealer.
  3. Rental products and Products engaged in racing or competition.
  4. Repair or replacement required as a result of (i) accident or collision; (ii) misuse, abuse or neglect; (iii) lack of reasonable and proper maintenance; (iv) repairs improperly performed or replacement parts improperly installed by an entity other than an authorized Kawasaki dealer; (v) use of replacement parts or accessories not conforming to Kawasaki specifications which adversely affect performance and/or durability; (vi) alterations or modifications not recommended or approved in writing by Kawasaki; (vii) wear and deterioration (including loss of engine compression) occasioned by the use of the Product; or (viii) damages incurred or alterations undertaken in the course of participating in racing or competition activities.
  5. Regular maintenance service, adjustments, or replacement of expendable maintenance items as outlined in the Owner’s Manual, including, but not limited to: filters, spark plugs, brake shoes/pads, impellers and intake grilles, mats, pads, and bumpers.
  6. Damage resulting from use of non-recommended lubricant and coolant or the lack thereof.
  7. Damage to, or replacement of, belts, tires, chains, sprockets, bulbs, accessories, cosmetic appearance, gel coat stress cracks, watercraft hulls and handle poles.
  8. Damage as a result of sand, water, rust and/or rocks.
  9. Damage as a result of excess load, including from occupants and/or cargo; and tow loads in excess of maximum weights as specified in the Owner’s Manual.
  10. Deterioration from the elements.
  11. Pre-Existing conditions on Pre-Owned Products unless such Pre-Existing conditions were covered under the Kawasaki Limited Warranty or any preceding KPP and this Contract was purchased before expiration of such warranty or preceding KPP.
  12. Battery failures: resulting from incorrect activation of a new battery; due to use of incorrect electrolyte pack; resulting from lack of proper Owner maintenance; resulting from damage due to accidents, misuse or neglect; due to alterations or modifications not recommended or approved in writing by Kawasaki; due to improper repairs or installation or charging; due to use of parts or accessories not conforming to Kawasaki specifications that adversely affect performance and/or durability; and/or due to overcharging.
State Specific Provisions

ALASKA: This Contract is paid for with additional consideration and is separate and distinct from the Kawasaki Limited Warranty. In the event Kawasaki cancels this Contract, Kawasaki will deliver at least ten (10) days prior to the effective date of the cancellation, a written notice to the Owner at the Owner’s last known address describing the reason for, and effective date of, cancellation. Such notice will not be required if the cancellation is due to the Owner’s nonpayment of the Contract Purchase Price or fraud or a material misrepresentation by the Owner in obtaining the Contract or by the Owner in pursuing a claim under this Contract.

CALIFORNIA: During the Free Look Period and through the first sixty (60) days from the Contract Purchase Date and if no claim(s) has been made, You may cancel the Contract for a full refund. During the Free Look Period and through the first sixty (60) days from the Contract Purchase Date, even if a claim has been filed, no administrative fee or cancellation fee will be deducted from the refund. After this period, any administrative fee or cancellation fee charged for return or cancellation of the Contract will not exceed the lesser of 10% of the Contract Purchase Price and twenty-five dollars ($25). Kawasaki may cancel this Contract within sixty (60) days from the Contract Purchase Date for any reason and the Owner is entitled to a full refund, less claims paid. After sixty (60) days from the Contract Purchase Date, Kawasaki may not cancel this Contract except for non-payment of the Contract Purchase Price, or material misrepresentation or fraud by the Owner. If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the California Department of Insurance at 1-800-927-4357 or access the department’s Internet Web site (www.insurance.ca.gov).

COLORADO: Obligations of Kawasaki under this Contract with respect to sales of on-road motorcycles only are covered under a motor vehicle service contract reimbursement insurance policy issued by American Bankers Insurance Company, policy number SFM-5467-CO-1-1, P.O. Box 21647, St. Petersburg, Florida 33742. Should Kawasaki fail to pay or provide service on any claim as provided in this Contract, the Owner may make a claim directly against the insurance company by calling (305) 253-2244 or writing to the address provided in the preceding sentence.

CONNECTICUT: Owners have the right to file a written complaint with the Connecticut Insurance Department, which may be contacted in accordance with Conn. Gen. Stat. §42-260-3 at State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn. Consumer Affairs.

FLORIDA: During the Free Look Period and through the first sixty (60) days from the Contract Purchase Date, even if a claim has been filed, the entire Contract Purchase Price, less any claims paid and an administrative fee not to exceed 5% of the Contract Purchase Price, will be refunded, in the event that Owner notifies Kawasaki of intent to cancel this Contract. After this period, not less than 90% of the unearned Contract Purchase Price on a pro rata basis, less any claims paid, will be refunded. Kawasaki may not cancel the Contract following the sixtieth (60th) day from the Contract Purchase Date except for those reasons provided for under “Cancellation” of this Contract. Upon cancellation by Kawasaki, the Owner is entitled to the refund provided for under “Cancellation,” less claims paid, and with no deduction for an administrative or cancellation fee. The Contract Purchase Price is not subject to regulation by the Florida Department of Insurance Regulation. Kawasaki’s license number is #65500. After this Contract has been in effect for sixty (60) days, it may not be cancelled by Kawasaki unless (i) there is a material misrepresentation or fraud at the time of sale of this Contract, (ii) the Owner has failed to maintain the motor vehicle as prescribed by Kawasaki, (iii) the odometer has been tampered with or disabled and the Owner has failed to repair the odometer, or (iv) for nonpayment of Contract Purchase Price by Owner, in which case Kawasaki shall provide the Owner with notice of cancellation by certified mail.

IDAHO: Coverage afforded under this Contract is not guaranteed by the Idaho Insurance Guarantee Association. Obligations of Kawasaki under this Contract related to on-road motorcycles are guaranteed under a service contract liability policy issued by American Bankers Insurance Company, policy number SFM-5468-ID-1-2, P.O. Box 21647, St. Petersburg, Florida 33742. Should Kawasaki fail to pay or provide service on any claim within sixty (60) days after proof of loss has been filed, the Owner is entitled to make a claim directly against the insurance company by calling (305) 253-2244.

ILLINOIS: Any administrative fee or cancellation fee charged for return or cancellation of the Contract will not exceed the lesser of 10% of the Contract Purchase Price and twenty-five dollars ($25).

INDIANA: This contract is not insurance and is not subject to Indiana insurance law.

LOUISIANA: The Contract is not an insurance contract and is not regulated by the Department of Insurance. Any concerns or complaints regarding the Contract may be directed to the attorney general.

MAINE: Obligations of Kawasaki under this Contract are not guaranteed under a service contract reimbursement insurance policy. After the Free Look Period and through the first sixty (60) days from the Contract Purchase Date, any administrative fee or cancellation fee charged for return or cancellation of the Contract will not exceed 10% of the Contract Purchase Price. In the event that Kawasaki cancels this Contract, Kawasaki shall provide written notice to Owner at the last known address of Owner at least fifteen (15) days prior to the effective cancellation by Kawasaki. Any such notice shall state the effective date of the cancellation and the reasoning for the cancellation. If this Contract is cancelled for a reason other than Owner’s failure to pay the Purchase Price of this Contract, Kawasaki shall refund the Owner 100% of the unearned pro rata Purchase Price, less any claims paid.

MISSOURI: Obligations of Kawasaki under this Contract are not guaranteed under a service contract reimbursement insurance policy. During the Free Look Period, even if a claim has been filed, the entire Contract Purchase Price, less any claims paid, will be refunded with no deduction for an administrative fee or cancellation fee. Kawasaki shall mail a written notice to the Owner within forty-five (45) days of the date of termination of this Contract.

MONTANA: In the event Kawasaki cancels this Contract, Kawasaki will deliver at least five (5) days prior to the effective date of the cancellation, a written notice to the Owner at the Owner’s last known address describing the reason for, and effective date of, cancellation. Such notice will not be required if the cancellation is due to the Owner’s nonpayment of the Contract Purchase Price, a material misrepresentation, or a substantial breach of the Owner’s contractual obligations concerning the Product or its use.

NEVADA/NEW MEXICO: Once the Contract is in effect for at least seventy (70) days, Kawasaki may not cancel the Contract before the expiration of the contract term or one (1) year after the Contract Term Start Date, whichever occurs first, except on any of the following grounds: (1) failure of the Owner to pay an amount when due, (2) conviction of the Owner of a crime which results in an increase in the service required, (3) discovery of fraud or material misrepresentation by the Owner in obtaining the Contract, or presenting a claim for service thereunder, (4) discovery of (i) an act or omission by the Owner, or (ii) a violation by the Owner of any condition of the Contract, which occurred after the Contract Term Start Date and which substantially and materially increases the service required under the Contract, or (5) in Nevada only, a material change in the nature or extent of the required service or repair which occurs after the Contract Term Start Date which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Contract was issued or sold. In the event Kawasaki cancels this Contract, such cancellation will not incur a cancellation fee and will become effective 15 days after the notice of cancellation is mailed to the Owner. In Nevada, for purposes of clarity, during the Free Look Period and through the first sixty (60) days from the Contract Purchase Date, any Refund Penalty owed under “Cancellation” will apply to the full refund of the Contract Purchase Price. In Nevada, in the event you do not receive satisfaction under this Contract, you may contact the Nevada Division of Insurance at 888-872-3234. In Nevada, cost of claims paid or services provided will not, under any circumstances, be deducted from any refund issued pursuant to this Contract. Also, in Nevada, The Cancellation by Lienholder section does not apply. In Nevada, upon cancellation, only the portion of a refund that is still owed to any Lienholder may be withheld and all other amounts returned to the Contract Holder. Proof of payment to any Lienholder shall not be required.

NEW HAMPSHIRE: In the event you do not receive satisfaction under this Contract, you may contact the New Hampshire Insurance Department by mail at 21 South Fruit Street, Suite 14, Concord, New Hampshire 03301, or by phone at 1-800-852-3416 or 1-603-271-1406.

NEW JERSEY: In the event Kawasaki cancels this Contract, Kawasaki will deliver at least five (5) days prior to the effective date of cancellation, a written notice to the Owner at the Owner’s last known address describing the reason for, and the effective date of, cancellation. Such notice will not be required if the cancellation is due to the Owner’s nonpayment of the Contract Purchase Price, a material misrepresentation or omission by the Owner, or a substantial breach of the Owner’s contractual obligations concerning the Product or its use. This Contract is not insured by a reimbursement insurance policy.

NEW YORK: In the event Kawasaki cancels this Contract, Kawasaki will deliver at least fifteen (15) days prior to the effective date of the cancellation, a written notice to the Owner at the Owner’s last known address describing the reason for, and effective date of, cancellation. Such notice will not be required if the cancellation is due to the Owner’s nonpayment of the Contract Purchase Price, a material misrepresentation, or a substantial breach of the Owner’s contractual obligations concerning the Product or its use.

NORTH DAKOTA: Obligations of Kawasaki under this Contract with respect to sales of on-road motorcycles only are covered under a motor vehicle service contract reimbursement insurance policy issued by American Bankers Insurance Company, policy number SFM-5469-ND-2, P.O. Box 21647, St. Petersburg, Florida 33742. Should Kawasaki fail to pay or provide service on any claim as provided in this Contract, the Owner may make a claim directly against the insurance company by calling (305) 253-2244 or writing to the address provided in the preceding sentence.

OREGON: Any dispute arising under or related to this Contract may be resolved by arbitration administered by the American Arbitration Association if mutually agreed to by the Owner and Kawasaki at the time of the dispute. The arbitrator shall administer and conduct any arbitration in accordance with Oregon law, without reference to rules of conflict of law. The arbitration shall take place in Oregon, or in such other location as may be mutually agreed to by the Owner and Kawasaki.

SOUTH CAROLINA: In the event of a dispute with Kawasaki, the Owner may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201, telephone 1-800-768-3467.

TEXAS: The Contract may be cancelled at any time after the Contract Purchase Date. If the Contract is cancelled by the Owner before the thirty-first (31st) day after the Contract Purchase Date, Kawasaki will refund, without the imposition of a cancellation or administrative fee, the entire Contract Purchase Price, less any claims paid. If the Contract is cancelled by the Owner after the thirty-first (31st) day following the Contract Purchase Date, Kawasaki will refund the unearned Contract Purchase Price on a pro rata basis calculated in the manner described under “Cancellation” of this Contract, less a cancellation fee of twenty-five dollars ($25). If the Contract is cancelled by Kawasaki, no administrative fee or cancellation fee will be deducted from the refund. Owners requesting additional information, or in the event of a problem that cannot be resolved with Kawasaki, may contact the Texas Department of Licensing and Regulation, PO Box 12157, Austin, Texas 78711, telephone 512-463-6599.

VERMONT: Any dispute arising under or related to this Contract may be resolved by arbitration administered by the American Arbitration Association if mutually agreed to by the Owner and Kawasaki at the time of the dispute. The arbitrator shall administer and conduct any arbitration in accordance with Vermont law, without reference to rules of conflict of law. The arbitration shall take place in Vermont, or in such other location as may be mutually agreed to by the Owner and Kawasaki.

VIRGINIA: If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at https://www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

WASHINGTON: Coverage under this Contract will not be denied due to failure of the Owner to comply with the maintenance obligations set forth under “Owner’s Obligations” of this Contract, unless the failure to maintain the Product involved the failed part or parts. The implied warranty of merchantability on the Product is not waived if the Contract has been purchased within ninety (90) days of the Retail Purchase Date from Kawasaki or the Dealer who also sold the Product covered by the Contract. Kawasaki may not cancel this Contract after the first sixty (60) days following the Contract Purchase Date unless related to subsections (a), (b), or (c) under the Cancellation by Kawasaki section. Arbitration proceedings may be held at a location in closest proximity to the Owner’s permanent residence.

WISCONSIN: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. After the Free Look Period and through the first sixty (60) days from the Contract Purchase Date, any administrative fee or cancellation fee charged for return or cancellation of the Contract will not exceed 10% of the Contract Purchase Price. Kawasaki may only cancel this Contract in the event of the Owner’s failure to pay the Contract Purchase Price, a material misrepresentation by the Owner, or a substantial breach of duties by the Owner relating to the Product or its use. In the event of cancellation by Kawasaki, Kawasaki will refund the unearned pro rata Contract Purchase Price, less claims paid and a cancellation fee not to exceed 10% of the Contract Purchase Price. In the event that Kawasaki cancels this Contract, Kawasaki shall mail a written notice to the Owner at the Owner’s last known address at least five (5) days prior to cancellation by the provider. Any such notice shall state the effective date of cancellation and the reason for cancellation.

WYOMING: In the event Kawasaki cancels this Contract, Kawasaki will deliver at least ten (10) days prior to the effective date of the cancellation, a written notice to the Owner at the Owner’s last known address describing the reason for, and effective date of, cancellation. Such notice will not be required if the cancellation is due to the Owner’s nonpayment of the Contract Purchase Price, a material misrepresentation, or a substantial breach of the Owner’s contractual obligations concerning the Product or its use. Any dispute arising under or related to this Contract may be resolved by arbitration administered by the American Arbitration Association and the results of that arbitration may be binding if mutually agreed to in writing by the Owner and Kawasaki. The arbitration shall take place in Wyoming.

Renewal

KPP may be renewed by contacting your local Dealer or by visiting https://www.kawasaki.com.

One-Year Limitation on Initiating a Dispute or Claim of Breach

Unless otherwise prohibited by law, a dispute or claim for breach of this Contract must be initiated within one year after the date on which the breach occurs.

Disputes Resolved by Binding Arbitration

Except as noted below or as provided under the State Specific Provisions section and unless otherwise prohibited by law, any dispute arising under or related to this Contract shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”). For information about AAA arbitration, or to initiate a request for arbitration of a dispute, contact AAA at:

American Arbitration Association
1633 Broadway, 10th Floor
New York, NY 10019
1-800-778-7879
www.adr.org

A judgment based on an arbitration award may be entered by any court with jurisdiction over the parties to this Contract. Note: Any dispute or claim that falls within the jurisdiction of a Small Claims court may be brought in that court or made the subject of an arbitration proceeding under this section, at the election of the Owner.