Yamaha Dealer Agreement

It is the law of the United States that applies. To the extent that the authorized trader is a businessman, California is the exclusive jurisdiction. For example, a manufacturer/distributor may terminate a dealership contract pursuant to Section 3060 if a car dealership has not fulfilled its distribution and service obligations for seven consecutive days, provided the circumstances lead to a good belief that the dealer is effectively removed from the business. Under these conditions, Section 3060 requires: That the manufacturer/distributor`s written notification of termination expressly inform the distributor that: (i) it “has the right to object to the Sacramento [Board] and to hold a hearing at which [the distributor] may “protest” for the termination of its franchise under [the code] California Vehicle; ” and (ii) the merchant must present his “protest” within 10 calendar days following the declaration of termination. If the trader does not file his objection within 10 days, he loses his right to challenge the termination before the chamber. The authorized merchant refunds claims and differences no later than 12 weeks after the download, claims received after the expiry cannot be taken into account. If a manufacturer/distributor wishes to terminate a dealer contract, it must meet the requirements of Section 3060. This section of the vehicle code requires that, before a dealer contract can be terminated, a manufacturer/distributor be required to establish and provide the relevant distributor with a written notification of termination identifying (a) the specific reasons for termination; and (b) inform the merchant that he has the right to challenge the expected termination – or to “protest.” If the distributor submits a “protest” to the California New Motor Vehicle Board (the “Board”), the manufacturer/distributor can only terminate the distributor`s contract if it passes a evidento hearing before the Board of Directors, and the Board of Directors concludes that the manufacturer/distributor has sufficiently demonstrated that there is a “good reason” for termination. [3] However, if the distributor does not file an objection in a timely manner, the dealer contract is automatically entered into.

The authorized distributor is required to inform its customers that YAMAHA products are copyrighted documents and cannot be copied except for a single backup copy. Non-compliance is punishable. The authorized distributor is required to make a single download for each customer order. The only individual download guarantees the necessary license (GEMA etc.) via the Yamaha Shop system. Data downloaded for customers should NOT be stored in a database or server system of the authorized dealer, it must be deleted after the download and copying process. YCA grants the authorized reseller the right to use YamahaMusicSoft`s offer for the resale of music software data (Midifiles, Styles, Registrations, Voice Packs, etc.) to end customers subject to the following terms and conditions. You agree that: (i) the Yamaha site is exclusively based in California; and (ii) Yamaha`s website is considered a passive website that does not create personal competence for Yamaha, neither specific nor general, in laws other than California.