TERMS AND CONDITIONS OF SERVICE

Effective Date: June 1, 2025

These Terms and Conditions (“Terms”) govern all services, transactions, and interactions between Yates PowerSports (“Company,” “we,” “us,” or “our”) and any customer, client, or visitor (“Customer” or “you”) at our physical locations and through our website at yatespowersports.com. By scheduling or receiving services, purchasing parts or accessories, or using our website, you agree to be bound by these Terms.

1. About Us

Yates PowerSports is a powersports service and repair business operating in Florida and Georgia. We specialize in service, maintenance, and repair of powersports vehicles, including motorcycles, ATVs, UTVs, personal watercraft, and related equipment. Our services are available both in-person at our facilities and through service scheduling and communication via our website.

2. Acceptance of Terms

By engaging with Yates PowerSports in any of the following ways, you accept and agree to these Terms:

Bringing a vehicle to our facility for service or repair
Scheduling an appointment via our website or by phone
Purchasing parts, accessories, or merchandise
Browsing or using our website at yatespowersports.com
Signing a service authorization or work order

If you do not agree with any portion of these Terms, you should not use our services or website.

3. Service Estimates and Authorizations

3.1 Estimates

All repair and service estimates are provided as good-faith approximations based on initial inspection. Actual costs may vary as additional issues are discovered during the repair process. We will contact you for authorization before proceeding with any work that exceeds the original estimate by more than $100.00 or 10%, whichever is greater.

3.2 Work Authorization

No repair work will be performed without your express authorization, which may be provided in writing, by signature on a work order, by electronic confirmation, or verbally (with written follow-up confirmation for work exceeding $500.00). Your authorization constitutes your agreement to pay for the authorized services.

3.3 Diagnostic Fees

A diagnostic or inspection fee may be charged when a vehicle is brought in for evaluation. This fee covers labor time for diagnosis and is due regardless of whether you proceed with recommended repairs. The diagnostic fee will be disclosed to you prior to commencement of diagnosis.

4. Payment Terms

4.1 Payment at Time of Service

Payment for all services, parts, and labor is due in full upon completion of work and prior to vehicle release. We accept cash, major credit and debit cards, and other payment methods as displayed at our facility or on our website. Personal checks are accepted at our discretion.

4.2 Deposits

We reserve the right to require a deposit before ordering specialty parts, initiating major repair work, or scheduling service appointments for high-demand periods. Deposits are non-refundable if you cancel after parts have been ordered or work has commenced, unless otherwise agreed in writing.

4.3 Late Payment

Invoices not paid within 30 days of the due date may accrue a monthly finance charge of 1.5% (18% annually) on the outstanding balance. You agree to pay all reasonable collection costs, including attorney’s fees, incurred in collecting overdue amounts.

4.4 Storage Fees

Vehicles not retrieved within 5 business days of notification that service is complete may be subject to a daily storage fee. The applicable daily rate will be posted at our facility. Vehicles unclaimed after 30 days may be subject to applicable Florida and/or Georgia lien laws and abandoned vehicle procedures.

5. Parts, Accessories, and Warranties

5.1 Parts Used in Service

We may use OEM (Original Equipment Manufacturer) parts, aftermarket parts, or remanufactured parts in performing repairs. We will inform you of the parts category being used when requested. Parts pricing is subject to change based on supplier availability and market conditions.

5.2 Warranty on Labor

We warranty our labor for 90 days from the date of service completion. This warranty covers defects in workmanship but does not cover issues arising from normal wear, misuse, accidents, or pre-existing conditions unrelated to the services performed.

5.3 Parts Warranty

Warranty coverage on parts varies by manufacturer and part type. We will provide you with applicable manufacturer warranty information upon request. Parts purchased but not installed by Yates PowerSports are sold as-is unless a specific warranty is provided at the time of sale.

5.4 Returns

Unused, uninstalled parts in original packaging may be returned within 14 days of purchase with receipt for exchange or store credit. Special-order parts, electrical components, and opened consumables are non-returnable. No cash refunds on parts after 7 days.

6. Customer Responsibilities

As a customer, you agree to:

Provide accurate information about your vehicle, including make, model, year, and any known issues or prior repairs
Disclose any modifications to the vehicle that may affect service or safety
Remove all personal belongings from the vehicle prior to drop-off; Yates PowerSports is not responsible for lost or stolen personal items
Retrieve your vehicle promptly upon notification that service is complete
Ensure the vehicle is legally owned by you or that you have authorization to authorize repairs on behalf of the owner
Provide valid contact information and respond to communications in a timely manner

7. Limitation of Liability

7.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YATES POWERSPORTS’ LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO SERVICES, PARTS, OR USE OF OUR WEBSITE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE OR PART GIVING RISE TO THE CLAIM.

7.2 Exclusion of Consequential Damages

IN NO EVENT SHALL YATES POWERSPORTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE, OR COST OF SUBSTITUTE TRANSPORTATION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Pre-Existing Conditions

We are not liable for pre-existing damage, defects, or mechanical failures that are unrelated to the services performed. We will document visible pre-existing conditions on your work order at the time of intake.

8. Test Rides and Road Testing

In the course of diagnosing or verifying repairs, technicians may need to operate your vehicle. By authorizing service, you grant Yates PowerSports permission to operate the vehicle as necessary for diagnostic and quality-assurance purposes. Our technicians operate vehicles in a safe and professional manner. You agree to maintain appropriate insurance coverage on your vehicle at all times.

9. Website Use

9.1 Permitted Use

Our website at yatespowersports.com is provided for informational purposes, appointment scheduling, and customer service. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others.

9.2 Accuracy of Information

While we strive to keep our website content accurate and current, we make no warranty that pricing, availability, or service descriptions on the website are error-free. Prices and availability are subject to change without notice and must be confirmed at the time of service.

9.3 Intellectual Property

All content on our website, including text, images, logos, and graphics, is the property of Yates PowerSports or its licensors and is protected by applicable copyright and trademark law. You may not reproduce or use our content without prior written permission.

9.4 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content or practices of any third-party sites and provide such links for convenience only.

10. Privacy and Data

We collect and use customer information (including name, contact details, vehicle information, and payment data) solely for the purpose of providing services and communicating with you. We do not sell or rent your personal information to third parties. By using our services, you consent to our collection and use of your information as described herein. For questions about our privacy practices, please contact us directly.

11. Online Transactions and Appointments

Service appointments scheduled online are subject to availability and confirmation. Scheduling an appointment online does not constitute a guarantee of the requested time or service. We will contact you to confirm your appointment. Online payments processed through our website are subject to applicable payment processor terms. Yates PowerSports uses industry-standard security measures for online transactions but cannot guarantee absolute security.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida and the State of Georgia, as applicable based on the location where services were rendered, without regard to conflict-of-law principles.

12.2 Dispute Resolution

In the event of any dispute arising from or related to these Terms or our services, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in the county where services were rendered. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. Indemnification

You agree to indemnify, defend, and hold harmless Yates PowerSports, its owners, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with: (a) your use of our services or website; (b) your violation of these Terms; (c) your misrepresentation regarding vehicle ownership or authorization; or (d) any negligent or wrongful act by you.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our services or website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms, together with any signed work order or service agreement, constitute the entire agreement between you and Yates PowerSports with respect to the subject matter hereof, and supersede all prior understandings or agreements.

16. Contact Information

For questions, concerns, or disputes regarding these Terms, please contact us:

Yates PowerSports

Website: yatespowersports.com

Serving customers in Florida and Georgia

For invoice-related questions, reference your invoice number when contacting us.

These Terms and Conditions are incorporated by reference into all Yates PowerSports invoices and service agreements.

Yates Powersports

Terms & Conditions