HomeMy WebLinkAboutC2017-509 - 12/19/2017 - Approved 8
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SERVICE AGREEMENT NO. 1284
latimeme
Police Motorcycles
1852
THIS Police Motorcycles Agreement ("Agreement") is entered into by and between
the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Corpus
Christi Harley-Davidson ("Contractor"), effective upon execution by the City Manager
or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Police Motorcycles in response to
Request for Bid/Proposal No. 1284 ("RFB/RFP"), which RFB/RFP includes the required
scope of work and all specifications and which RFB/RFP and the Contractor's bid or
proposal response, as applicable, are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Police Motorcycles ("Services") in accordance
with the attached Scope of Work,as shown in Attachment A,the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for 48 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$454,671.50,subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
- of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
2017-509 :orm Page 1 of 7
12/19/17 /2/17
M2017-194
CC Harley-Davidson
INDEXED
Pat Eldridge
Police Department
361.886.2696
Pat@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the 001 must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty. The Contractor warrants that all products supplied under this
Agreement are new, quality items that are free from defects, fit for their intended
purpose, and of good material and workmanship. The Contractor warrants that
it has clear title to the products and that the products are free of liens or
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form 10/2/17
encumbrances. In addition, the products purchased under this Agreement shall
be warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30Th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form 10/2/17
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Pat Eldridge
Police Management Services Director
321 John Sartain St., Corpus Christi, TX 78401
Fax 361.886.2607
IF TO CONTRACTOR:
Corpus Christi Harley-Davidson
Attn: S. Preston Douglass, Jr.
President
502 South Padre Island Dr., Corpus Christi, TX 78405
Fax: 361 .854.3450
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form 10/2/17
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as port of this Agreement.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 10/2/17
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 10/2/17
CONTRACTOR
Signature: ��� c ( A----
Printed Name: • �i�eS��--' Ogg /,-.3
Title: \—R s
Date: /(0,01i.3r'Y s&`) 2a/7
CITY OF CORPUS CHRISTI
Signature: [N"NNi -__
Printed Name: (YAar- -Z
Title: P, �a
Date: 1 ')--p-o / 7
AT*EST rir ���.►. zle
Attached and Incorporated by Reference: RCB GGA HUSRTA
Attachment A: Scope of Work 1 s:fiTARV
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 123
Exhibit 2: Contractor's Bid/Proposal Response
LA Lill__A I HUKiLL6
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SECRETARY
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 9/18/17
Attachment A: Scope of Work
1. General Requirements/Background Information
The Contractor shall provide ten new factory-built police motorcycles with forty-
eight-month maintenance agreement for each. The police motorcycles will be
used in high-speed highway and or city traffic and law enforcement work. Units
will be driven on all types of roads and road surfaces and must possess
outstanding handling characteristics, maneuverability, and stability. Units must be
equipped and suitable for licensing and safe use under federal standards and
meet all Environmental Protection Agency and National Highway Traffic Safety
Administration standards for motorcycles sold in the U.S. market.
2. Scope of Work
The following describes the mechanical and comfort requirements for the ten new
police motorcycles.
A. Engine
Piston displacement of not less than 1700cc pushrod-operated, overheard
valves with hydraulic, self-adjusting lifters, four valves per cylinder and
featuring Engine Idle Temperature Management System (EITMS).
1. Powertrain deluxe chrome group designed for low maintenance:
black powder coat finish on engine; chrome rocker boxes, time
cover, outer primary housing & Transmission cover.
2. Powertrain deluxe chrome group designed for low maintenance;
black powder coat finish on engine; chrome rocker boxes, time
cover, outer primary housing & transmission covers.
3. Compression ratio: 10.0:1
4. Electronic Sequential Port Fuel Injection System (ESPFI)
5. Single Cam design
6. Hydraulic Lifters requiring no maintenance service adjustments
7. Air and Oil cooled
8. Fan-assisted oil cooler
B. Clutch/Transmission
1. Clutch shall be of the latest assist and slip nine plate design, wet
2. Hydraulically actuated clutch system
3. Transmission to be of the latest design, manual type, with not less than
six forward speeds
4. Clutch disengage for starter motor operation
5. Primary drive, double-row chain
6. Greaseless shifter shaft with "anti-vibration" rubber spacers
Page 1 of 6
C. Brakes
1 . ABS brakes, linking disengages below 25 mph
2. Hydraulic Disc brakes for both front and rear wheels
3. Front brakes having dual disc
4. Rear brakes having a single disc
5. Brakes shall be relatively free of heat fade
6. Calipers-4 Piston
7. Uniform expanding rear rotor
D. Suspension
1 . Motorcycles shall be provided with a suspension system to permit
optimum handling conditions as required in law enforcement
2. Minimum of 49 mm telescopic front forks
E. Wheels/Tires
1. Cast Aluminum wheels, rim material to be impermeable to
compressed air
2. Tubeless type tires to have non-skid tread, designed to operate on
paved highways and shall have a full, four-ply fabric reinforcement
3. Bead-retention tires designed to remain on wheel during sudden loss
of pressure
F. Fuel Tank
1. Fuel tank to have a minimum capacity of five U.S. gallons
2. Must provide a minimum of one gallon 3.8L reserve fuel capacity
when main supply is exhausted
3. Electric Fuel pump
G. Electrical System
Electrical system shall be nominal 12-volt as follows:
1. Battery: Sealed, heavy-duty maintenance free, 12-volt, minimum
rated capacity - 28 ampere hours (battery council international
rating), 270 cold cranking amps
2. Ignition: Non-waste spark, alpha control
3. Charging System: Three-phase, 48-amp high output alternator
producing 28 amps at idle, solid state regulator
4. Connectors: Industrial grade throughout, provided with electrical
accessory connection
5. Hand Controls: Water-resistant, Integrated switches
Page 2 of 6
6. Starting System: 12-volt starter, solenoid operated engagement, relay
required
7. Horn: Sound level audible above motorcycle and traffic-generated
noise
H. Lighting
Each motorcycle shall be provided with the following lighting equipment:
1 . LED Headlight
2. Front emergency lamps PAR-36, one red and one blue
(incandescent)
3. Tail light
4. Turn signals, self-canceling system
5. Flashers, four-way, with independent switch
6. License plate lighting with two blue marker lamps
7. Front fender tip light-amber
I. Visual Displays
1 . Speedometer, Analog & Digital speedometer, range 0-120mph (or
kph equivalent)
2. Two re-settable trip meters
3. Speed capture with digital speed display
4. Gear indicator
5. Odometer, calibrated, cumulative
6. Tachometer, Analog
7. Fuel level gauge
8. Voltmeter gauge
9. Emergency light activation indicators, separate indicators for front
and rear emergency lights
10. Stealth mode activated with indicator
11. Cruise control indicator
12. Sight glass on brake master cylinders
13. Fuel mileage countdown till empty displayed in odometer window
when low fuel indicator lamp is lit
14. Turn signal indicators
15. Hazard warning lights indicator
16. Neutral indicator
17. High beam indicator
18. Low oil pressure indicator
19. Engine diagnostic light
20. ABS indicator lamp
21 . Security lamp
Page 3 of 6
J. Feature Requirements
1. Seat - Deluxe solo saddle, special police type, breathable material
covering, adjustable coil over spring suspension system
2. Cruise Control-OE standard
3. Stealth mode activated
4. Push to talk switch
5. Power ON for emergency equipment for 30 minutes with ignition OFF
6. Analog and digital speed display with speed capture feature
7. Gear indicator
8. Side stand stand with electronic disengage to prevent drive off with
jiffy stand deployed
9. Foot boards pivoting type with non-skid rubber pads
10. Guards front engine guard bar and rear saddlebag guard bars with
horizontal saddlebag rails
11 . Saddlebags factory installed, law enforcement type injection molded
saddlebags, approximately 2000 cubic inches of storage space per
bag, water-resistant, utilizing one touch operation latches
12. Final belt drive, with a rubber isolated 68 tooth rear drive sprocket
13. Chrome two into one into two exhaust system
14. Windshield constructed of clear polycarbonate, design to break
away with minimal force
15. Adjustable air deflector dark smoke
16. Mirrors two long stem true image mirrors
17. Key one key fits all locks
18. Wheelbase Maximum of 64 inches (1625 mm)
19. Dry weight Minimum of 8001bs
20. Laden seat height 27.3
21 . Black and White color scheme approved through the department's
specifications/designee
22. Service interval first 1000 miles and then very 5000 miles thereafter
23. Warranty minimum of 24 months, unlimited mileage
K. Emergency Equipment
1. Black rear box to accommodate Coban video camera system and
another miscellaneous electronic component necessary for police
functions
2. Split red and blue LED lights with clear lens attached to the sides and
rear of box
3. Wiring adaptor kit/wiring harness to include adaptor plates, barrel
lock assembly, and auxiliary battery
Page 4 of 6
4. Red and blue police LED Lights for mirrors to include any adaptors
5. Front PAR 36 lamps shall be red and blue split lights with extended
lens
6. Red and blue engine guard LED lights
7. 100-watt siren speaker
8. 100-watt siren amplifier
9. PA (public address) microphone
10. Stand extension
11. If available, provide any additional cooling kit/accessory for engine
or other major part
12. Any mounting brackets necessary to accommodate any of the
emergency equipment
L. Communication Equipment
Contractor shall install City supplied communications equipment including
radio head, transmitter, speaker, cables, antenna, intercom system and
related switches. Final communications system shall be approved by the City.
3. Maintenance
A. Contractor will assume full responsibility for total maintenance incurred in the
operation of the equipment.
B. Contractor will be responsible for infield service and/or pickup and delivery of
equipment needing service or repairs under maintenance contract. Upon
notification of need repairs, the Contractor shall provide same day priority
service. This standard shall apply to a full six-day work week, Monday through
Saturday, and include items covered under contract as well as non-contract
repairs.
C. Service Facility must be available within Corpus Christi, TX to service Police
Motorcycles.
D. Contractor will provide a parts lists indicating stock levels at service facility.
E. Contractor shall provide Original Equipment Manufacturer (OEM) parts
F. Contractor will repair police motorcycles and keep in good working order,
including but not limited to the following:
1 . Parts, lubricants, and labor for all filters and oil changes, and
services.
Page 5 of 6
2. Tire replacement due to wear; up to two front and three rear tires
per year.
3. All preventive maintenance to include parts and labor.
4. All unscheduled maintenance and repair to include parts and
labor.
5. All parts shipping charges, field service travel expenses, and or
machine transporting cost to and from Contractor's location where
maintenance is performed.
4. Quality Assurance Provisions
Prior to delivery, each motorcycle shall be completely inspected and serviced by
the delivering dealer and/or the manufacturer's standard pre-delivery service. A
checklist shall be completed for each motorcycle, signed by a representative for
the organization performing the inspection/service, and delivered with the
motorcycle.
5. Delivery
A. All motorcycles to be shipped complete and delivered to:
City of Corpus Christi , Fleet Maintenance
Attn: Frank Olvera
5352 Ayers, Building 3B
Corpus Christi, TX 78415
Phone Number: 361-826-1676
Email: FranciscoD@cctexas.com
B. Equipment Manuals - One operator manual shall be delivered to the
department at the time of delivery for each of the motorcycles.
C. Contractor shall provide additional safety documentation researched by an
independent source.
Page 6 of 6
Attachment B: Bid/Pricing Schedule
SyQas
of h CITY OF CORPUS CHRISTI
rC BID FORM
6
\U\ � PURCHASING DIVISION
1852y�/� RFB No. 1284
Police Motorcycles
Date: L012417 PAGE OF
Bidder:Co\tt/0SCNKcsrc I4AKkq•ll+w 'x/Authorized is
Signature:
\411 cOe,,jr /
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for restricting
competition regarding prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, pursuant to the Code of Ordinances, is current
and true.
C. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
item Description Quantity Unit of Unit Extended
Measure Price Price
New 2017(or Newer)
1 High Performance Police 10 EA fiy,gl y if" MZ yy, tt i.so
Motorcycles
2 Maintenance Agreement 48 MO ¢/2i, oys,m ZLO Ns o .00
Total .# ysy , (0/. 5-0
Attachment C: Insurance Requirements
A. CONTRACTOR'S LABILITY INSURANCE
1. Contractor must not commence work under this contract until all insurance
required has been obtained_and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of any subcontractor has been obtained.
2. Contractor must furnish to the City's Risk Manager and Contract
Administrator one (1) copy of Certificates of Insurance with applicable
policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City
must be listed as an additional insured on the General liability and Auto
Liability policies by endorsement, and a waiver of subrogation endorsement
is required on GL, AL and WC if applicable. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed
in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
-- 30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
3. In the event of accidents of any kind related to this contract, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
B. Additional Requirements
1. Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Page 1 of 3
Texas Department of Insurance. The workers' compensation coverage
provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Contractor will be promptly met.
An All States endorsement shall be required if consultant is not domiciled in
the State of Texas.
2. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
3. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address: City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
Page 2 of 3
5. Within five (5) calendar days of a cancellation, non-renewal, material
change or termination of coverage, Contractor shall provide a
replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance should
there be a lapse in coverage at any time during this contract. Failure to
provide and to maintain the required insurance shall constitute a material
breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's
failure to provide and maintain any insurance or policy endorsements to
the extent and within the time herein required, the City shall have the right
to order Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the
City of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2017 Insurance Requirements
Purchasing
Delivery of Ten New Police Motorcycles
08/07/2017 sw Risk Management
Page 3 of 3
12/4)2017 Attachment D: Warranty Requirements
24 Months/Unlimited Miles
Harley-Davidson warrants for any new 2018 Harley-Davidson motorcycle that an authorized Harley-Davidson dealer
will repair or replace without charge any parts found under normal use to be defective in factory materials or
workmanship. Such repair or replacement of defective parts will be Harley-Davidson's sole obligation and your sole
and exclusive remedy under this limited warranty. This limited warranty applies only for the duration identified below.
No person, including Harley-Davidson dealers, may modify, extend or waive any part of this warranty.
As a condition of this warranty, you are responsible for properly using, maintaining, and caring for your motorcycle as
outlined in your Owner Manual. Harley-Davidson recommends that you maintain copies of all maintenance records and
receipts.
THERE IS NO OTHER EXPRESS WARRANTY (OTHER THAN THE SEPARATE EMISSIONS, NOISE,AND RADIO
LIMITED WARRANTIES) ON THE MOTORCYCLE. Any implied warranty of merchantability or fitness for particular
purpose is limited to the duration of the express warranty, or to the duration set forth in your state's warranty statutes,
whichever is shorter. Any implied warranty is not transferred to subsequent purchasers/buyers of the motorcycle.
The implied warranty of fitness for a particular purpose does not apply if your motorcycle is used for racing, even if the
motorcycle is equipped for racing.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to
you.
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER HARLEY-DAVIDSON NOR ITS AUTHORIZED DEALERS
SHALL BE LIABLE FOR LOSS OF TIME, INCONVENIENCE, LOSS OF MOTORCYCLE USE, COMMERCIAL LOSS
OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Harley-Davidson and your dealer are not responsible for any time or income that you lose, any inconvenience,the loss
of your transportation or use of your motorcycle, the cost of a rental motorcycle, fuel, travel, meals, or lodging, or for
any other incidental or consequential damages you may have_
Punitive, exemplary,or multiple damages may not be recovered unless applicable law prohibits their disclaimer.You
may not bring any warranty-related claim as a class representative, a private attorney general, a member of a class of
claimants or in any other representative capacity. Harley-Davidson shall not be liable for any damages caused by delay
in delivery or furnishing of any products and/or services.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
The following terms and conditions apply to this limited warranty:
Duration
1. The duration of this limited warranty is twenty-four months, starting from the earlier of (a)the date of initial retail
purchase and delivery of the motorcycle from an authorized Harley-Davidson dealer, or(b) the third anniversary of
the last day of the model year of the motorcycle. Your authorized Harley-Davidson dealer will submit an electronic
Sales and Warranty Registration form to initiate your limited warranty.
2. Any unexpired portion of this limited warranty will be transferred to subsequent owners, upon the resale of the
motorcycle during the limited warranty period.
Owner's Obligations
To obtain warranty service, return your motorcycle at your expense within the limited warranty period to an authorized
Harley-Davidson dealer. The authorized Harley-Davidson dealer should be able to provide warranty service during
normal business hours, depending upon the workload of the authorized dealer's service department and the availability
of necessary parts.
Exclusions
This limited warranty will not apply to any motorcycle.
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121412017 940004]5_104032] en US-2018 HARLEY-DAVIDSON®OWNER'S MANUAL-TOURING MODELS I Harley-Davidson SIP
1. Which has not been operated or maintained as specified in the owner's manual.
2. Which has been abused, neglected, misused, improperly stored, used "off the highway,"or used for racing or
competition of any kind.
3. Which is not manufactured to comply with the laws of the market in which it is registered.
4. Which has off-road or competition parts installed to enhance performance, a trailer hitch, or has other unapproved
modifications (even if these modifications include genuine Harley-Davidson parts and accessories that are not
approved for use on your motorcycle). These modifications may void all or parts of your new motorcycle limited
warranty. See an authorized Harley-Davidson dealer for details.
5. Which has been subjected to an act of God, war. riot, insurrection, nuclear contamination, natural disasters,
including, but not limited to, lightning. forest fires, dust storms, hail storms, ice storms, earthquakes, or floods, or
other circumstances out of Harley-Davidson's control.
6. Which has been in an accident or collision or has been dropped or struck.
Other Limitations
This limited warranty does not cover:
1. Parts and labor for normal maintenance as recommended in the owner's manual. or the replacement of parts due to
normal wear and tear including, but not limited to, the following: tires, lubrication, oil and filter change,fuel system
cleaning, battery maintenance, engine tune-up, spark plugs. brake, clutch, chain/belt adjustment and chain
replacement.
2. Cosmetic concerns that arise as a result of owner abuse, lack of proper maintenance or environmental conditions
(except concerns that result from defects in factory materials or workmanship,which are covered by this limited
warranty for the duration of the limited warranty period).
3. Any cosmetic condition existing at the time of retail delivery that has not been documented by the authorized
Harley-Davidson selling dealer prior to retail delivery.
4. Defects or damage to the motorcycle caused by alterations outside of Harley-Davidson's factory specifications or
caused by alterations or use of parts or accessories not approved for the make and model year of your motorcycle.
5. Damage caused by installation or use of non-Harley-Davidson components, even those installed by an authorized
Harley-Davidson dealership. that cause a Harley-Davidson part to fail. Examples include, but are not limited to
performance-enhancing powertrain components or software, exhaust systems, trailer hitches. non-approved tires,
lowering kits, handlebars, and add-ons connected to the factory electrical system.
6. United States customers: Defects or damage impacting the functionality of powertrain components in a
motorcycle that has been tuned using a tuner or calibration that was not covered by a California ARB Executive
Order or otherwise approved by EPA.
Important: Read Carefully
1. Authorized Harley-Davidson dealers are independently owned and operated and may sell non-Harley-Davidson
products. Because of this, HARLEY-DAVIDSON IS NOT RESPONSIBLE FOR THE SAFETY, QUALITY,OR
SUITABILITY OF ANY NON-HARLEY-DAVIDSON PART, ACCESSORY OR DESIGN MODIFICATION
INCLUDING, BUT NOT LIMITED TO, LABOR WHICH MAY BE SOLD AND/OR INSTALLED BY AUTHORIZED
HARLEY-DAVIDSON DEALERS.
2. This limited warranty is a contract between you and Harley-Davidson. It is separate and apart from any warranty
you may receive or purchase from an authorized Harley-Davidson dealer. An authorized Harley-Davidson dealer is
not authorized to alter, modify, expand, or in any way change the terms and conditions of this limited warranty.
3. Any warranty work or pans replacement authorized by Harley-Davidson will not preclude Harley-Davidson from later
relying on any exclusion where applicable.
4. Harley-Davidson and its authorized dealers reserve the right to modify or service motorcycles designed and
manufactured by Harley-Davidson at any time without incurring any additional obligation to make the same
alteration or change to a motorcycle previously built and sold. Harley-Davidson reserves the right to provide post-
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warranty repairs, conduct repair campaigns, offer good-will or customer satisfaction repairs or extend the warranty
coverage for certain motorcycles at its sole discretion. Said repairs or extensions of warranty coverage in no way
obligates Harley-Davidson to provide similar accommodations to other owners of similar motorcycles. Sometimes
Harley-Davidson may offer a special adjustment program to pay all or part of the cost of certain repairs beyond the
terms of your limited warranty. Check with your authorized Harley-Davidson dealer to learn whether such programs
are available to you. Your state may prohibit these types of otters, in which case,they may not be available to you.
5. The fact that a part is labeled or branded Harley-Davidson does not necessarily make it appropriate or warranted for
the make and model of your motorcycle. The use of parts not designed and tested for your motorcycle may have
negative consequences on the performance of your motorcycle and may create conditions not covered by this
limited warranty.
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The following limited warranty applies to the emission control system, is in addition to the MOTORCYCLE LIMITED
WARRANTY and NOISE CONTROL SYSTEM LIMITED WARRANTY, and applies only to Harley-Davidson
motorcycles certified for sale, registered, and normally operated in the U.S. Refer to the CALIFORNIA EMISSIONS
CONTROL WARRANTY STATEMENT for additional warranty provisions applicable to California motorcycles.
Harley-Davidson Motor Company warrants to the first owner and each subsequent owner that this vehicle is designed,
built, and equipped so as to conform at the time of sale with applicable regulations under section 7521 of Title 42 of the
United States Code, and that it is free from defects in materials and workmanship which would cause this motorcycle to
fail to conform with applicable regulations for five(5)years from the initial retail purchase and delivery from an
authorized Harley-Davidson dealer (or five (5) years from the date the motorcycle is first placed in service, if it is first
placed in service as a "demonstrator" or"company motorcycle prior to delivery), or 30,000 km (18641 mi),whichever
occurs first. Any unexpired portion of this limited warranty will be transferred to subsequent owners, upon the resale of
the motorcycle during the warranty period.
THERE IS NO OTHER EXPRESS WARRANTY (OTHER THAN THE SEPARATE MOTORCYCLE AND NOISE
LIMITED WARRANTIES) ON THE MOTORCYCLE. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THIS WARRANTY.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to
you.
The limited warranty period shall begin on the date the motorcycle is delivered to the first retail purchaser or, if the
motorcycle is placed in service as a demonstrator or company motorcycle prior to sale at retail, on the date it is first
placed in service.
THE FOLLOWING ITEMS ARE NOT COVERED BY THE EMISSION CONTROL SYSTEM LIMITED WARRANTY
1. Failures which arise as a result of misuse, tampering, alterations, accident, acts of nature, or improper or inadequate
maintenance as specified in the Owner's Manual.
2. Required maintenance services (as specified in the Owners Manual)and the replacement of parts(such as spark
plugs, fuel and oil filters. etc.) used in required maintenance.
3. Any motorcycle on which the odometer mileage has been changed so that the mileage cannot be determined.
4. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER HARLEY-DAVIDSON NOR ITS AUTHORIZED
DEALERS SHALL BE LIABLE FOR LOSS OF TIME, INCONVENIENCE, TOWING OF THE VEHICLE, LOSS OF
MOTORCYCLE USE. COMMERCIAL LOSS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages. so the above limitation or
exclusion may not apply to you.
Items Covered by this Emission Warranty
The emission control system warranty may cover the following parts if the defect is deemed to be emissions-related:
• Air cleaner assembly
• Cam shaft
• Spark plug
• Ignition coil
• Ignition wires
• Vapor valve
• Catalytic converter
• Crankcase breather
• MAP sensor
• TMAP sensor
• Intake air temperature sensor
• Throttle position sensor
• Fuel injectors
• Induction module or throttle body
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• Engine temperature sensor
• Electronic control unit
• Oxygen sensors
Fuel Tank (non-cosmetic failures only)
• Leaks
• Fuel vapor separator
• Fuel cap
If used on the above: hoses, clamps, fittings, tubing, sealing gaskets and mounting hardware.
Detailed instructions for proper maintenance and use of this motorcycle, including the time and/or mileage intervals at
which such maintenance is to be performed, may be found in this Owner's Manual under .cords-.
Other Rights
This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Recommendations for Required Maintenance
It is recommended that any emission system maintenance be performed by an authorized Harley-Davidson dealer
using genuine Harley-Davidson replacement parts. However the maintenance, replacement or repair of the emissions
control system may be performed by any other qualified service outlet or individual. Non-genuine Harley-Davidson
parts may be used only if such parts are certified to comply with U.S. Environmental Protection Agency Standards.
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The following limited warranty applies 10 the noise control system.is In addition to the MOTORCYCLE LIMITED WARRANTY and EMISSION CONTROL SYSTEM LIMITED WARRANTY,ar
Harley-Davidson warrants to the first owner and each subsequent owner that this motorcycle is designed and built so as ID conrorm al the lime of sale with applicable regulations of the U.S.I
From detects in factory materials and workmanship which can cause this motorcycle not to meet U S.Environmental Protection Agency Standards within one(I)year from initial retail purchai
0f Ike last day of the model year 01 the motorcycle.O(6.000 km 13730 mi) s.
whichever Occurs first.Any unexpired portion 01 this limited warranty will be Transferred to subsequent owners,
demonstrator or company molorcyclewarranty.then the limited warranty period may have arted and/or expired prior To the initial retail sale.See an authorized Harley-Davidson dealer for details.
THERE IS NO OTHER EXPRESS WARRANTY(OTHER THAN THE SEPARATE MOTORCYCLE AND EMISSIONS LIMITED WARRANTIES)ON THE MOTORCYCLE.ANY IMPLIED WAI
DURATION OF THIS LIMITED WARRANTY.
Some stales do not allow limitations on how king an implied warranty lasts,so Oe above limilaton may not apply to you
The limited wananly period shall begin on he halo the motorcycle is delivered to the first retail purchaser or if the motorcycle is placed in service as a demonstrator or company motorcycle I
THE FOLLOWING ITEMS ARE NOT COVERED 8Y THE NOISE CONTROL SYSTEM LIMITED WARRANTY
I. Failures which arise as a result Cl misuse.alteration.or o?performance oI maintenance as specified in he Owners Manual.
Z Replacing,reving OP modilying any portion of the NOISE CONTROL SYSTEM(consisting of the exhaust system and air intake/cleaner assembly)with parts not certified to be noise lei
a Any motorcycle on which the odometer mileage has been changed so that he mileage cannot be determined.
4.TO THE FULLEST EXTENT ALLOWED 8Y LAW.NEITHER HARLEY-DAVIDSON NOR ITS AUTHORIZED DEALERS SHALL BE LIABLE FOR LOSS OF TIME.INCONVENIENCE,LO:
DAMAGES.
Some stales do not allow the exclusion or Innnatbn of Incidental or consequential damages so the above limitation or exclusion may not apply to you
Other Rights
This limned warranty gives you specific legal rightsand you may have other rights which vary from slate to slate.
Recommendations for Required Maintenance
II is recommended that any noise system maintenance be performed by an authorized Harley-Davidson dealer using gen Ie Harley-Davidson replacement parts.The maintenance.replacer
individual.Non-genuine Harley-Davidsonparts may be used only it such Darts are tended to comply with MS EnvrOmental Protection Agency Slandards.
l r= Harley-Davidson'
HMIROIIVIOSON
EXTENDED
SERVICE PLAN Today s Dale
(ESP Sale Date)
SECTION 1. ESP PROOF OF REGISTRATION
Name of Purchaser Dealer Code ESP Number
HDW-A
Address City State Zip Code In-Service Date ESP Sale Mileage
Setting Dealer Telephone Expiration Date Expiration Mileage
Unlimited
Address City Stale Zip Code Year Make
_ Harley-Davidson
Demo Bike Used Sales Anytime Future Contract Guaranty Engine Size Model
❑ ❑ ❑ Original ESP#:
YOUR COVERAGE TERM Vehicle Identification Number CAN')
NEW MOTORCYCLE 1 EXTENDED ELIGIBILITY MOTORCYCLE':(check one below) Motorcycle Purchase Price ESP Price
❑ 3 Years/Unlimited Mileage ❑ 6 Years/Unlimited Mileage
Covered Components(Parts: DEDUCTIBLE:
❑ 4 Years/Unlimited Mileage ❑ 7 Years/Unlimited Mileage PER ESP TERMS $50 I$100
❑ Years/Unlimited Mileage "TheDeddiblefor each Brea kdonniRoadHazard Event repanmade atthe
• Coverage Term is measured from the In-Service Date as defined in this ESP Seerg Dealer oranother Hadey-Davidson location is Hyddars(S50)The
USED MOTORCYCLE":(check one below) Deductible lex eadt BreakdaenRoad Hazard Event repair made at another
Icensed repair faddy is are hundred dolars(S100).Dedud.ble for Road
D 1 Year/Unlimited Mileage ❑ 4 Years/Unlimited Mileage Hazard Events a4rcatde ontyorhen Ten and AIred Coverage is
purdramd v.ith this ESP.
❑ 2 Years/Unlimited Mileage 0 5 Years/Unlimited Mileage Lienhotder(if applicable)
❑ 3 Years/Unlimited Mileage
•• Coverage Term is measured from the ESP Sale Date.
POLICE MOTORCYCLE:(Certain limitations and exclusions apply;see subsection 4(D),for details.)
❑3 Years/Unlimited Mileage ❑ 4 YearslUnlimited Mileage ❑ 5 Years/Unlimited Mileage
❑ OPTIONAL TIRE AND WHEEL COVERAGE I UNLIMITED MILEAGE (Not availablefor Police Motoreydes)
SECTION 2. IMPORTANT INFORMATION
A. The terms'We,'"Us'and'Our'refer to the obligor of this Harley-Davidson Extended Service Plan("ESP'),which is Continental Service Provider,Inc.,4150 N.
Orinkwaler Blvd.,Suite 400,Scottsdale,AZ 85251,800.527.7665.Our obligations to You under this ESP are guaranteed under Service Contract Reimbursement
Insurance Policy No.WNC0045002,issued by Continental Casualty Company,333 S.Wabash Ave.,Chicago,IL 60604 312-822-5000.You may make a claim with
Continental Casualty Company if We do not settle Your claim or provide service within sixty(60)days of receipt of the Required Documents This ESP is not an
insurance policy and You are not required to purchase this ESP to either purchase or obtain financing for Your Motorcycle.
B. "You'and'Your'mean the purchaser as set forth above in Section 1,ESP Proof of Registration,or a transferee pursuant to subsection 8(B),Transfer Guaranty.Other
words and phrases that have particular meaning are capitalized throughout this ESP and are set forth in Section 12,Definitions.
C. CNA National Warranty Corporation is the organization We have retained to provide administrative services on Our behalf("Administrator').Should You have any
questions regarding coverage or benefits under this ESP,You may contact Our Administrator at the Harley-Davidson Service Center,P.O.Box 2840,Scottsdale,AZ
85252-2840,800-527.7665,ext.411.
SECTION 3. AGREEMENT/ACKNOWLEDGEMENT
A. In consideration of the ESP Pnce as set forth above in Section 1,ESP Proof of Registration,We agree to provide the coverage detailed below in Section 4,Coverage,
only to You for Your Motorcycle for the Coverage Term indicated by the marked selection above,subject to all terms,conditions,limitations and exclusions contained in
this ESP(Sections 1 through 14).See Section 14,State Requirements for changes that may apply.
B. The Coverage Term for Your New Motorcycle or Your Extended Eligibility Motorcycle is measured from the In-Service Date regardless of the ESP Sale Dale,and
continues until the Expiration Date.subject to any corrections.cancellations or amendatory ESP Endorsements as may be issued by Our Administrator as more
particularly set forth herein. Note: If,as of the ESP Sale Date set forth above,Your Motorcycle retains any balance under its Harley-Davidson Factory
Warranty,Your Coverage Term will be measured from the In-Service Date,regardless of the ESP Sale Date.
C. If You purchased a Used Motorcycle and this ESP on the ESP Sale Date,Your Coverage Term begins on ESP Sale Date and continues until the Expiration Date.
subject to any corrections,cancellations or amendatory ESP Endorsements as may be issued by Our Administrator.
D. You acknowledge and agree that if this ESP is purchased at any time after the purchase date of Your Used Motorcycle under Our Used Sales Anytime
program,Your Coverage Term begins three hundred(300)miles after the ESP Sale Mileage listed above in Section 1,ESP Proof of Registration,regardless
of the ESP Sale Date.
E. BY SIGNING BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE PROVISIONS OF THIS EXTENDED SERVICE PLAN AS A COMPLETE
STATEMENT OF YOUR COVERAGE AND RIGHTS,AND THAT YOU ARE NOT RELYING ON ANY WRITINGS OR OTHER REPRESENTATIONS OR PROMISES
OTHER THAN IN THOSE CONTAINED IN THIS EXTENDED SERVICE PLAN.
Purchaser's Signature Date
HARLEY-DAVIDSON and the Bar and Shield logo are among the trademarks of KD U.S.A,LLC
0 2016 CNA National Warranty Corporation
9300(04/16)
SECTION 4. COVERAGE
A. COVERED PARTS:Coverage under this ESP includes only the parts of the components listed below and originally covered under the Harley-Davidson Factory
Warranty:
1. Engine 9. Electrical System
2. Transmission 10. Instruments and Gauges
3. Primary Drive 11. Seals and Gaskets
4. Suspension 12. LED Lights
5. Steering Assembly 13. Audio Entertainment System":Receiver,CD player,navigation system,audio jacks,MP3 player,alarm system.
6. Brake System 14. Intercom":Transmitter/receiver,headset,microphone,splitter,console pod,cables and jacks.
7. Fuel System 15. Fairing Hardware":Mounting hardware.brackets,switches,covers,latches and hinges.
8. Cooling System 16. Saddlebag/Travel Trunks".:Bags,travel trunks,latches,hinges,mounting hardware.
17. Sidecar Hardware":Mounting hardware,hub,spindle,wheel bearings,brake rotor,caliper,lines and fittings,suspension,
latches and hinges.
•' Coverage limited to listed parts.
9300(04/16)
SECTION 4'r"GOVERAGE CONTINUED • Inspection Checklist in order to be eligible for coverage under Our Used Sales
B. COVERAGE DETAILS: Anytime program.Motorcycle eligibility shall be determined pursuant to Our
1. Breakdown Coverage:We agree to reimburse You,or a licensed repair Used Sales Anytime program guidelines.
facility directly,for Costs actually incurred for the repair or replacement of SECTIONS NO@CCOVERED PAR S;SERVICESrAND.CONDITIONS :' <a
Covered Part(s)of Your Motorcycle that fail due to a-Breakdown'-the A. NOTICE OF EXCLUSIONS:During the Coverage Term of this ESP.costs for
covered failure of a Covered Part,in normal use and service,to perform its Non-Covered Parts,Non-Covered Conditions and Non-Covered Services that
designed functions due to defects in materials or faulty workmanship in its may arise in connection with Your Motorcycle are Your responsibility.This
manufacture - for the duration of the Coverage Term, less Your ESP does not cover,and We will not pay for,the repair, replacement,or
Deductible,subject to all of the terms,conditions,limitations and exclusions adjustment of parts that are not expressly covered under the terms and
set forth in this ESP.In no event shall Our responsibility exceed the amount conditions of this ESP.Additionally,this ESP does not cover,and We will not
set forth in subsection 11(F).Limit of Liability.Replacement parts may be pay for,any Subsequent Damage-any damage caused to Non-Covered
new, used. remanufactured. or parts of a like kind and quality when Part(s)by Covered Part(s)or any damage caused to Covered Part(s)by Non-
available,as deemed necessary or appropriate by Our Administrator.Pre- Covered Part(s), Non-Covered Services andlor Non-Covered Conditions.
existing conditions are not excluded.For each repair visit,You must pay Examples of Non-Covered Parts,Non-Covered Conditions and Non-Covered
the Deductible for any Breakdown repairs.Additionally,You must pay for all Services are listed below in subsections B,C and D.If a part serves the same
costs that are not covered under this ESP,including the costs for any function as a Non-Covered Part.it is also a Non-Covered Part.If a repair or
repairs,replacements or services as described in Section 5,Non-Covered maintenance procedure produces the same result as a Non-Covered Service.
Parts,Services and Conditions As a condition of coverage.You agree to it is also a Non-Covered Service.There is no coverage available under the
maintain Your Motorcycle according to the manufacturer's specifications provisions of this ESP for the repair or replacement of Covered Part(s)which
and as described in Section 7, Your Responsibilities for Service and have experienced a failure that is not due to a Breakdown.
Maintenance.No coverage is due to You,nor will coverage be provided by B. NON-COVERED PARTS:Non-Covered Parts include.but am not limited to.the
Us,if We have not received appropriate payment of the ESP Price and following:
supporting documentation from You Coverage under this ESP does not
1. Antenna mast and mirrors.
include repairs which qualify for coverage under Your Motorcycle's Harley-
Davidson Warranty or any other warranty 2. Audio speakers and wiring,cellular telephone.
3. Battery,fuses,and fusible links.
2. Tire and Wheel Coverage(Optional):When Section 1. ESP Proof of 4. Belts,hoses,lines and clamps.
Registration,includes a mark indicating optional Tire and Wheel Coverage 5. Body parts,windshield and their mounts.
has been selected and We have received payment for same,We will pay 6. Brake pads.
for Costs to repair or replace the original factory equipment or like 7. Exhaust system rust-out or discoloration.
replacement tires andlor wheels of Your Motorcycle that fail due to a'Road 8• Fairing(except those parts listed in subsection 4(A))15)above).
Hazard Event"-contact with a road hazard such as pothole or debris on 9. Filters and filter housings.
the road surface like nails,rocks.tree limbs,glass.plastic or any other 10. Final drive chain or belt.
object or condition not normaly found in the roadway-for the duration of 11. Frame(except integral oilltuel tanks).
the Coverage Term, less Your Deductible, subject to all of the terms. 12. Glass,fogged or hazy headlight lenses,sealed beams and light
conditions,limitations and exclusions set forth in this ESP.In no event shall bulbs.
Our responsibility exceed the amount set forth in subsection 11(F).Limit of 13. Mufflers or baffles.
Liability.There is no coverage available and We will not pay for costs to 14 Sidecar(except those parts listed in subsection 4(A)(17)above).
repair or replace tires that fail due to normal wear,damage due to collision 15 Spark plugs and plug wires.
(except Road Hazard Event repairs as specifically described above), 16 Tires,wheels and spokes.unless:
overloading.dry rot,fire,flood,vandalism,acts of God;abnomial wear:or a Your purchase of this ESP included Tire and Wheel Coverage;
failures of tires or wheels when tires have less than 3./32 of an inch of tread. and
3. Expense Reimbursement Coverage:Your ESP coverage includes the b. Damage is due to a Breakdown or Road Hazard Event.
following: 17. Trailer hitch.
a. Rental Reimbursement:When a Breakdown or Road Hazard Event 18 Trim,upholstery and paint.
makes Your Motorcycle inoperative or unsafe to drive and Your C. NON-COVERED SERVICES: Non-Covered Services include, but are not
Motorcycle must remain in the repair facility overnight. We will limited to.the following'
reimburse You for Your expenses actually incurred for a rental vehicle 1. Scheduled maintenance services.
when an official receipt is presented horn a licensed rental agency.We 2, Engine tune-up.
will pay no more than seventy-five dollars($75)per twenty-four(24)• 3. Transmission service.
hour period and in no event will Our obligations for rental vehicle 4. Replacement or addition of fluids and lubricants.
reimbursement exceed seven hundred fifty dollars($750)for any single 5. Cleaning of fuel and cooling systems.
Breakdown or Road Hazard Event repair.You must incur this expense 6. Removal of carbon;sludge,varnish or other contaminants.
between the dale of the Breakdown/Road Hazard Event and the date 7. Alignment or adjustment of parts,unless necessary in connection
that covered repairs are completed. with a Breakdown repair.
b. Pickup Reimbursement:When a Breakdown or Road Hazard Event 8. Ignition/fuel system adjustments and calibrations.
makes Your Motorcycle inoperative or unsafe to ride,We will reimburse 9. Correction of water leaks,squeaks and rattles.
You for pickup charges for Your Motorcycle which are not otherwise 10. Wheel balancing or spoke adjustment,unless:
covered or reimbursed to You by any road club or insurance policy or a. Your purchase of this ESP included Tire and Wheel Coverage:
covered under Your Harley-Davidson Factory Warranty when an official and
receipt is presented from a licensed provider.Our obligations for pickup b. Damage is due to a Breakdown or Road Hazard Event.
reimbursement charges shall not exceed two hundred dollars($2001 for D. NON-COVERED CONDITIONS:Non-Covered Conditions include,but are not
any single Breakdown/Road Hazard Event repair. limited to,the following:
c. Travel Lodging Reimbursement: When a Breakdown or Road 1. ANY EXPENSE INCURRED IN CONNECTION WITH REPAIRS
Hazard Event disables Ycur Motorcycle arid,as a result. You are PERFORMED WITHOUT RECEIPT OF PRIOR AUTHORIZATION
stranded overnight more than one hundred (100) miles from Your FROM OUR ADMINISTRATOR, AS REQUIRED PURSUANT TO
home,We will reimburse You for Your expenses actually incurred for SUBSECTION 6(A),HOW TO FILE A CLAIM.
lodging arid meals when an official receipt is presented from a licensed
hotel andlor restaurant.as applicable.You must incur these expenses 2. Any loss or expense if Your Motorcycle is used or equipped tor
between the date of the Breakdown/Road Hazard Event and the date Moving,delivery,or emergency purposes(except Harley-Davidson
that covered repairs are completed.We will pay no more than one Police Motorcycles covered under a Harley-Davidson ESP):
hundred fifty dollars($150)for any twenty-four(24)-hour period and in competitive driving, racing, contests of speed; or overloading
no event will Our reimbursement obligations exceed four hundred fifty (including occupants,cargo or tow loads)in excess of the maximum
dollars($450)for any single BreakdowrvRoad Hazard Event repair. weights specified in Your Harley-Davidson owner's manual.
C. HARLEY-DAVIDSON FACTORY WARRANTY LIMITATION: When Your 3 Any damage due to collision or upset,breakage of glass,missile or
Haley-Davidson Factory Warranty covers a repair for a failure that would have falling objects; fire; theft, larceny; explosion, earthquake,
otherwise qualified as a Breakdown under the terms of this ESP.We will only windstorm,hail,water,flood;rust,corrosion,contamination,foreign
reimburse You for Your actual expenses incurred in accordance with Section objects;malicious mischief,vandalism,riot or civil commotion;acts
4(6)(2) 'Tire and Wheel Coverage (Optional), as applicable, and Section of terror; lightning, nuclear contamination, acid rain, fading,
4(B)(3) Expense Reimbursement Coverage.' environmental or industrial fallout;freezing,ultraviolet rays,rotting,
D. POLICE MOTORCYCLE COVERAGE DETAILS: Coverage for Police mold,or smoke.
Motorcycles is available only for New Motorcycles.When this ESP is in effect 4. Any loss normally covered by a motorcycle insurance policy
and the marked selection in Section 1,ESP Proof of Registration.indicates that including injury or death to any person or persons.
You have purchased Police Motorcycle Coverage. Your ESP excludes the 5 Any failure,even of a Covered Part,if it is covered by the Harley-
following benefits: Davidson Factory Warranty, any limited warranty, manufacturer's
1. Coverage for the component(s)/part(s)listed above in subsections 4(A)(131 warranty recalls,campaigns,repairer's guarantee,road club or any
through subsection 4(A)(17); other guarantee,warranty or insurance policy.
2. Expense Reimbursement Coverage:and C. Any part which the United States Environmental Protection Agency.
3. Tire and Wheel Coverage or the state regulatory agency where Your Motorcycle is registered,
has determined is emissions-related and that is included on a
E. USED SALES ANYTIME:When this ESP is purchased at any tine atter the current published list of such parts and is within the listed time and
purchase date of Your eligible Used Motorcycle,Your benefits.including Tire mileage emissions warranty period.
and Wheel Coverage ii purchased,begin three hundred(300)miles after the
ESP Sale Mileage set forth in Section 1.ESP Proof of Registration regardless 7. Any diagnostic, disassembly, or tear-dawn charges and other
of the ESP Sale Date.You are responsible for the full costs of any repairs. charges incurred in connection with any Non-Covered Parts,Non-
replacements.tire and wheel failures andlor related expenses incurred for tire Covered Services or Non-Covered Conditions.
first three hundred(300)miles after the ESP Sale Mileage set forth in Section 1, 8. Any expense for the modification of,or alteration to,existing parts
ESP Proof of Registration.Your Used Motorcycle must first be professionally or systems necessitated by the replacement of obsolete,
inspected,test-driven and certified to be in good operational condition by Your superseded or unavailable parts with current replacement parts.
Selling Dealer in accordance with Our Used Sales Anytime Motorcycle
93C0 iO4'16)
9 Any failure: even of a Covered Part, caused by sludge buildup, maintain Your Motorcycle is a cause of a Breakdown/Road Hazard
contaminants,foreign objects,improper amount or type of fluids, Event,Your claim will be restricted or denied.
lubricants or coolants, or a mechanical breakdown or problem 2 When a known problem exists with Your Motorcycle, it is Your
related to failure to perform scheduled maintenance services as set responsibility,and You must take all reasonable steps and use all
forth in Section 7, Your Responsibilities for Service and reasonable means,to protect Your Motorcycle from further damage
Maintenance. resulting from continued operation of Your Motorcycle.
10 Any damage, even to a Covered Part, resulting from continued B. REQUIRED RECORDKEEPING: You must keep repair orders and
operation or caused by Your failure to take reasonable precautions maintenance receipts issued by the repair facility that serviced Your
to prevent further damage when an apparent problem exists,such Motorcycle.Each repair order must show the date of repair,the odometer
as stopping Your Motorcycle immediately or having it towed. reading on that date,and a detailed listing of the services performed and
11 Any Consequential Damage.except as otherwise expressly stated part(s)replaced.If You perform Your own maintenance services,You must
as covered by this ESP. retain proof-of-purchase receipts.The receipts must clearly show the date
12 Any failure,even of a Covered Part,if the odometer is inoperative or the service was performed and the part(s)/lubricant(s) replaced. Such
has been altered or tampered with during the time You owned Your receipts must include a notation indicating the odometer reading at the
Motorcycle so that the actual driven mileage cannot be determined. time the maintenance was performed.
13. Your Motorcycle if it has been modified with any aftermarket and/or SECTION 8. ESP GUARANTY
non-street legal alterations to the powertrain, the suspension A, FUTURE CONTRACT GUARANTY: You may purchase another Extended
(including tire or wheel sizes)and/or a non-EPA compliant exhaust Service Plan(a'Future Contract")for Your Motorcycle prior to the expiration of
system if the ESP claim was caused or contributed to by the this ESP, provided all of the eligibility requirements listed below are met.
modification of the non-compliant system. Contact Your Selling Dealer or the Harley-Davidson Service Center before this
14. Fees or expenses charged for shop supplies and for the disposal, ESP expires for details.
cleanup, neutralization, removal, treatment or detoxification of 1 Your Motorcycle,at the time You request to purchase the Future Contract,
environmentally unsafe materials. must be less than twelve(12)calendar years old with mileage of seventy-
15. Your Motorcycle if Harley-Davidson has voided, suspended or five thousand miles(75,000)or less:and
rescinded the Harley-Davidson Factory Warranty. 2. Your Motorcycle qualifies under Our then-current underwriting guidelines;and
16 Your Motorcycle if it has been salvaged or declared a total loss.or if 3. You request to purchase the Future Contract at least five(5)days,but not
its title has been branded. more than ninety(90)days,prior to the expiration of this ESP.and
17. Any oil consumption,loss of compression or cylinder wear(Used 4. The Future Contract effective date must begin one (1) day after the
Motorcycles only). Expiration Date of this ESP.
SECTION 6.WHAT YOU MUST DO IF YOU EXPERIENCE A BREAKDOWN OR B. TRANSFER GUARANTY:You may transfer the remaining coverage under this
ROAD HAZARD EVENT ESP when You sell Your Motorcycle to another individual(no dealers,brokers,
A. HOW TO FILE A CLAIM: etc.)prior to the Expiration Date of this ESP.In order to complete the transfer
process,You must submit the items listed below to Our Administrator within
1. Use all reasonable means to protect Your Motorcycle from further damage thirty (30)days of the change of ownership to the subsequent Motorcycle
resulting from continued operation owner.If You fail to comply with the requirements listed below within thirty(30)
2. Return Your Motorcycle to either: (a)the Selling Dealer or(b)another days of the sale of the Motorcycle,this ESP shall automatically terminate and
Harley-Davidson location,to determine the cause of the problem.If this is be of no further force and effect.
not possible,call Our Administrator at the Harley-Davidson Service Center 1. A letter staling Your intention to transfer this ESP and the name and
for instructions. DO NOT AGREE TO HAVE REPAIRS PERFORMED address of the purchaser.
UNDER THE TERMS OF THIS ESP UNLESS YOU OR THE REPAIR 2. A copy of the bill of sale or sale agreement showing the date and odometer
FACILITY HAS RECEIVED AN AUTHORIZATION NUMBER FROM OUR reading of the Motorcycle at the time of sale.
ADMINISTRATOR. 3. Verifiable service records evidencing that You have complied with Section
3. Authorize any charges necessary to determine the cause of the problem. 7,Your Responsibilities for Service and Maintenance,of this ESP
This includes necessary diagnostic and teardown charges. If Our 4. Proof that You have transferred any coverage remaining under the Harley-
Administrator determines that the failure does not constitute a Breakdown Davidson Factory Warranty.
or Road Hazard Event under the terms of this ESP,You must pay for all 5. A transfer fee of twenty-five dollars($25).
diagnostic, teardown and repair charges. If an inspection of Your
Motorcycle is deemed necessary by Our Administrator,You must permit SECTION 9.YOUR RIGHT TO CANCEL
such inspection to take place before any repairs are begun. Our A. PROCEDURE: You may cancel Your coverage at any time prior to the
Administrator has no obligation to inspect Your Motorcycle or to certify its Expiration Date by surrendering this ESP to the Selling Dealer together with a
condition before or after repairs are completed. written cancellation request.
4.If Your Motorcycle is in need of an emergency repair due to a Breakdown of B. REFUND CALCULATION:
a serious or urgent nature that renders the Motorcycle inoperable or unsafe 1. When You request cancellation within sixty(60)days of the purchase of
to operate for transportation purposes when Our Administrator's offices are this ESP for a New Motorcycle or Extended Eligibility Motorcycle,or within
closed. You may, al Your discretion. authorize necessary emergency thirty(30)days of the purchase of this ESP for a Used Motorcycle and no
repairs.If any portion of the repair is performed during Our Administrator's claim has been made under this ESP,a full refund will be made by the
normal business hours,You must have the repair facility stop working on Selling Dealer.
Your Vehicle and contact Our Administrator You are responsible for all 2. When a claim has been made against this ESP or if this ESP has been
expenses and repair costs if it is determined that the failure or the effective for more than sixty(60)days for a New Motorcycle or Extended
Breakdown is not covered or if it does not qualify as an emergency repair Eligibility Motorcycle,or more than thirty(30)days for a Used Motorcycle,
5. You or the repair facility must submit all Required Documents to Our the Selling Dealer will make a pro rata refund less a thirty-five dollar($35)
Administrator within twelve(12)months of the date of loss before any claim processing fee paid to Our Administrator.Such refund will be calculated
can be processed for payment.These documents must include accurate based upon elapsed time from the ESP Sale Date.
dates and mileages and detailed descriptions of the parts and services 3. Our Administrator,its agents and assigns,have no liability to You to make
performed as well as the specific charges.These documents may include any refund payments.
repair orders,vehicle rental bills and other receipts evidencing amounts C. REFUND DISTRIBUTION:When this ESP is financed,the lienholder will be
claimed under this ESP. named as an additional or sole payee for any refund due If Your Motorcycle is
B. DEDUCTIBLE: repossessed or deemed a total loss and We receive evidence of repossession or
1 For each Breakdown or Road Hazard Event repair visit made at the Selling total loss,Your cancellation rights under this ESP will transfer to the lienholder
Dealer or other Harley-Davidson location,You must pay the fifty dollar($50) and We will name the lienholder as the sole payee of any resulting refund.
Deductible indicated in the'Deductible"box in Section 1, ESP Proof of SECTION 10. OUR RIGHT TO CANCEL
Registration.If Your Breakdown or Road Hazard Event repairs are made at A. PROCEDURE:
another repair facility,Your Deductible will be one hundred dollars($100) 1. We reserve the right to cancel this ESP without notice for the following
per Breakdown or Road Hazard Event repair visit.
reasons
2. No Deductible will be charged for any subsequent Breakdown of a Covered a. Your failure to provide Us with payment for this ESP.
Part which was previously repaired or replaced under This ESP during the
Coverage Term. b. Material misrepresentation by You to Us which includes,but is not
C. EXCESS CHARGES:You are responsible for any charges for Non-Covered limited to,the mileage and equipment on Your Motorcycle.
Parts,Non-Covered Services,and Non-Covered Conditions,and for diagnostic c. A substantial breach of duties under this ESP by You.
and/or teardown procedures that are not listed,or that exceed the labor times 2. In the event Your Motorcycle becomes ineligible, or in the event We
listed in the current year's Harley-Davidson flat-rate hourly labor guide.You are discover that Your Motorcycle is ineligible,We have the right to cancel this
also responsible for any charges beyond those authorized by Our Administrator. ESP by mailing written notice of cancellation to You al Your address as
which may include,but are not limited to.charges for parts,labor,rental,pickup listed on this ESP in Section 1,ESP Proof of Registration,at least fifteen
or other services. (15)days prior to such cancellation.The notice shall state the effective date
SECTION 7.YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE of,and reason for,the cancellation.
IF YOU FAIL TO PERFORM ANY PART OF SECTION 7 ACCORDING TO THE B. REFUND CALCULATION:
REQUIREMENTS BELOW, YOUR COVERAGE UNDER THIS ESP WILL BE 1. When We cancel within sixty(60)days of the purchase of this ESP,a full
RESTRICTED OR DENIED. refund will be made to You by the Selling Dealer.
A. REQUIRED MAINTENANCE: 2. When a claim has been made against this ESP or if this ESP has been
1. It is Your responsibility to maintain and service Your Motorcycle effective for more than sixty(60)days,the Selling Dealer will make a pro
according to the service and maintenance schedule published in Your rata refund less athirty-five dollar ($35) processing fee paid to Our
Harley-Davidson owner's manual. If You fail to maintain Your Administrator.Such refund will be calculated based upon elapsed time from
Motorcycle according to the service and maintenance schedule the ESP Sale Date.
published by the manufacturer of Your Motorcycle and Your failure to 3. Our Administrator,its agents and assigns,have no liability to You to make
any refund payments
9300(006)
C. REFUND DISTRIBUTION:When this ESP is financed,the lienhokier will be "Extended Eligibility Motorcycle'means any eligible Motorcycle other than a New
named as an additional or sole payee for any refund due. Motorcycle or a Used Motorcycle,which:(i)has an ESP Sale Date of thirty(30)
SECTION 11. GENERAL TERMS&CONDITIONS days or more from the In-Service Dale specified in Section 1, ESP Proof of
Registration,or(ii)as of the ESP Sale Date,has an ESP Sale Mileage of greater
A. ESP TERRITORY:This ESP provides coverage in the United States,including than two thousand(2,000)miles.Motorcycles are eligible for Extended Eligibility
its territories and possessions,and Canada only for failures due solely to the coverage at any time during the term of its Harley-Davidson Factory Warranty
Breakdown of a Covered Part or Road Hazard Event repairs. coverage.
B. COVERAGE TERM: 'Harley-Davidson Factory Warranty"means the Harley-Davidson full manufacturer's
1. The marked Coverage Term selection in Section 1, ESP Proof of new vehicle warranty,provided at no additional cost to You,that covers repairs to
Registration,indicates Your Coverage Term. correct any Motorcycle defect related to materials or workmanship.For purposes of
2. The Coverage Term for Your New Motorcycle or Extended Eligibility this ESP,the Hartey-Davidson Factory Warranty shall not terminate less than two
Motorcycle begins on the In-Service Date,regardless of the ESP Sale Date. (2)years from the In-Service Date.
3. When You purchase this ESP at the same time as You purchased Your In-Service Date'means the Harley-Davidson Factory Warranty start date or the first
Used Motorcycle,Your Coverage Term begins on the ESP Sale Date day of use,regardless of the ESP Sale Date.
4. When You purchase this ESP for Your Used Motorcycle at any time 'Motorcycle"means the eligible New,Extended Eligibility or Used Harley-Davidson
after the purchase date of Your Used Motorcycle, Your coverage Motorcycle identified in this ESP by its VIN as set forth in Section 1.ESP Proof of
begins three hundred(300)miles after the ESP Sale Mileage set forth in Registration.
Section 1, ESP Proof of Registration, regardless of Your ESP Sale "New Motorcycle'means any eligible Motorcycle,other than an Extended Eligibility
Date. Motorcycle or Used Motorcycle,which:(i)has an ESP Sale Date of twenty-nine(29)
5. Your Coverage Term expires at the earlier to occur of the following.(a)the days or less from the In-Service Date specified in Section 1, TSP Proof of
Expiration Date,(b)Our Limit of Liability,as set forth in subsection F below, Registration,and(ii)as of the ESP Sale Date,has an ESP Sue Mileage of one
is reached,or(c)the transfer of ownership of Your Motorcycle,except as thousand nine hundred and ninety-nine(1,999)miles or less,and(iii)as of the ESP
provided pursuant to subsection 8(B)Transfer Guaranty.Your Coverage Sale Date,retains a balance of its Harley-Davidson Factory Warranty.
Term may include all or part of Your Harley-Davidson Factory Warranty. 'Police Motorcycle'means any eligible New Motorcycle police unit sold only to,or
C. ESP CHANGES:If any of the information provided in Section 1,ESP Proof of for use by,state,county or city governments.Police Motorcycles are subject to
Registration, of this ESP is omitted or does not conform to Our program certain exclusions of coverage as set forth in this ESP.
guidelines, Our Administrator will correct Your ESP as necessary. When a 'Required Documents"means documentation requested by Our Administrator from
correction is required,Our Administrator will send You notice of the correction by You or the repair facility regarding the claimed expenses incurred so that Our
mailing You an endorsement by first-class mail to Your address, as listed in Administrator may determine the coverage under the ESP.Documentation includes,
Section 1,ESP Proof of Registration. but is not limited to,repair orders and invoices,rental vehicle,towing,lodging,and
D. CONTRACT RESTRICTIONS: When the actual mileage or equipment of meal receipts, or any other documentation as requested by Our Administrator
Your Motorcycle is misrepresented in Section 1, ESP Proof of Original documentation may be required,as determined by Our Administrator.
Registration,coverage under this ESP may be restricted or denied.When "Road Hazard Event' means covered damage to tires and wheels of Your
Your Motorcycle is twelve(12)years old or older and/or has over seventy- Motorcycle(for which Tire and Wheel Coverage has been included in the purchase
five thousand(75,000)miles on the odometer on the ESP Sale Date,Your of this ESP)that fail due to contact with a road hazard such as pothole or debris on
ESP will be rendered void and a full refund will be made to You by the the road surface like nails,rocks,tree limbs,glass,plastic or any other object or
Selling Dealer. condition not normally found in the roadway.There is no coverage available for
E. REPAIR FACILITY: You must take Your Motorcycle to either: (1) the costs to repair or replace tires that fail due to normal wear,damage due to collision,
Selling Dealer, (2) another Harley-Davidson location or (3) a licensed overloading,dry rot,fire,flood,vandalism,acts of God;abnormal wear:failures of
repair facility,as authorized by Our Administrator for Breakdown or Road tires or wheels when tires have less than 3/32 of an inch of tread.
Hazard Event repairs. 'Selling Dealer'means the authorized Harley-Davidson motorcycle dealer from
F. LIMIT OF LIABILITY: which You purchased this ESP.
1 Single Claim Limit: Subject to the Total Claims Paid Limit set forth in 'Subsequent Damage"means damage caused to Non-Covered Part(s)by Covered
subsection (2) below, Our liability for any Breakdown or Road Hazard Part(s) or damage caused to Covered Parts) by Non-Covered Part(s), Non-
Event repair visit shall not exceed the fair market value of Your Motorcycle Covered Services and/or Non-Covered Conditions.
immediately prior to the Breakdovin/Road Hazard Event.Your Motorcycle's 'Used Motorcycle"means any eligible Motorcycle other than a New Motorcycle or
fair market value shall be determined by using the National Automobile Extended Eligibility Motorcycle,which,as of the ESP Sale Date,(i)is less than
Dealers Association Official Guide as of the date of loss. twelve(12)years old,and(ii)has an ESP Sale Mileage of seventy-five thousand
2. Total Claims Paid Limit:The total amount which We will pay for all claims miles(75,000)miles or less.You must purchase this ESP on the same date that
paid and/or payable throughout the Coverage Term, including those You purchase Your Used Motorcycle,unless You have purchased this ESP under
reimbursements made in connection with Expense Reimbursement Our Used Sales Anytime program.
Coverage and Tire and Wheel Coverage,shall not exceed the Motorcycle "Used Sales Anytime"means this ESP when it is purchased al any time after the
Purchase Price indicated in Section 1,ESP Proof of Registration. purchase date of Your eligible Used Motorcycle. Motorcycle eligibility shall be
SECTION 12. DEFINITIONS determined solely by Us pursuant to Our Used Sates Anytime program guidelines and
in accordance with the'Used Sales Anytime"Motorcycle Checklist.Coverage under
The following words and phrases have special meanings and appear throughout this this ESP,including Tire and Wheel Coverage if purchased,begins three hundred(300)
ESP as capitalized terms. miles after the ESP Sale Mileage set forth in Section 1,ESP Proof of Registration.
°Administrator"or"Harley-Davidson Service Center"means the organization that 'We"'Us"and "Our"mean the obligor of this ESP as identified in Section 2,
We have retained to provide administrative and claim services for this Harley- Important Information.
Davidson Extended Service Plan,as stated in Section 13,Our Administrator. 'You"and'Your"mean the Motorcycle purchaser identified in Section 1,ESP Proof
"Breakdown"means a covered failure of a Covered Part,not otherwise excluded,in of Registration,of this ESP.
normal use and service,to perform its designed functions due to defects in materials SECTION 13.OUR ADMINISTRATOR
or faulty workmanship in its manufacture.
'Consequential Damage'means an event or damage that occurs separately as a Our Administrator,CNA National Warranty Corporation,is the organization that We
consequence or result of the failure of a Covered Part or a Non-Covered part,such have retained to provide administrative and claim services for this ESP. Our
as loss of time,inconvenience,interruption of business storage charges,or loss of Administrator is not a party to this ESP and has no liability to You under the terms and
profits or other income,personal injury or property damage. conditions of this ESP.However,You may contact the Administrator at the Harley-
Davidson Service Center for assistance in filing Your ESP claim.
'Costs' means the actual amounts charged by a licensed repair facility, as HARLEY-DAVIDSON SERVICE CENTER
authorized by Our Administrator,for the labor and parts necessary to repair or P.0.Box 2840
replace(i)Covered Parts arising from a Breakdown of Your Motorcycle or(ii)Road
Hazard Events.The Costs for replacement parts are limited to the Harley-Davidson Scottsdale.AZ 85252-2840
suggested retail price.Replacement parts may be new,used,remanufactured,or 800-527-7665
parts of a like kind and quality when available,as deemed necessary or appropriate SECTION 14.STATE REQUIREMENTS
by Our Administrator.Labor time Costs arising in connection with a Breakdown or The state requirements,disclosures and changes below apply to Your ESP if it was
Road Hazard Event shall be charged in accordance with the current year's Harley-
Davidson Labor Time Guide.Covered Costs also include necessary fluids,filters, issued in one of the following states.State requirements and disclosures supersede
seals,gaskets and taxes arising only in connection with a Breakdown.Costs do not all applicable provisions herein.
include any diagnostic,disassembly,service.repair or other charges not authorized The following applies in Alabama, Hawaii, Maine, Minnesota, South Carolina,
by Our Administrator. Texas,Wisconsin and Wyoming:If We fail to pay Your refund within forty-five(45)
'Covered Pettis)"means any of those parts of Your Motorcycle listed in subsection days atter Your ESP is Cancelled,We will be subject to pay a ten percent(10%)
4(A). "Covered Parts' subject to all other terms, conditions, limitations and penalty,per month,on the refund amount due.The following applies in Maryland,
exclusions set forth in this ESP. Nevada and New Jersey:If We fail to pay Your refund within forty-five(45)days after
'Deductible"means that portion of the Costs,as set forth in Section 1,ESP Proof of Your ESP is Cancelled,We will be subject to pay a ten percent(10%)penalty,per
Registration,that You must pay for each Breakdown or Road Hazard Event repair month,on the purchase price of this ESP.The following apples in Iowa,New York
visit,as applicable. and Washington:If We fail to pay Your refund within thirty(30)days after Your ESP
'ESP"means this Harley-Davidson Extended Service Plan contract,inclusive of all is Cancelled.We will be subject to pay a ten percent(10%)penalty,per month,on the
its terms,conditions,limitations and exclusions. refund amount due. The following applies in Hawaii, Iowa, Maine, Maryland,
'ESP Sale Date'means the date that You purchased this ESP as set forth above in Minnesota, Nevada, New Mexico, South Carolina, Texas, Wisconsin and
Section 1,ESP Proof of Registration. Wyoming:The right to cancel this ESP within sixty(60)days of the ESP Sale Date
and receive a full refund is not transferable.A full refund will only be available to the
'Expiration Date'means the date indicated in the Expiration Date box in Section t, .init al purchaser named in the ESP Proof of Registration When this ESP is
ESP Proof of Registration,of this ESP,as may be amended or corrected by Our •transferred,a claim has been made against this ESP,or when this ESP has been in
Administrator as necessary to comply with Our program guidelines in accordance
with the terms and conditions of this ESP. The Expiration Date for Your New Your receipt for more than sixty(60)days,the Selling Dealer will make a pro-rata
Motorcycle or Extended Eligibility Motorcycle shall be calculated as beginning on the refund according to Section 9.
In-Service Dale,regardless of ESP Sale Date.The Expiration Date for Your Used SEE ADDmoNAL STATE CHANGES BELOW
Motorcycle shall be calculated as beginning on the ESP Sale Date. ALABAMA:Section 9(B)2 is deleted in its entirety and replaced with the following:_
9300(04116)
When a claim has been made against this ESP or if this ESP has been in Your Insurance.116 West Tower,Floyd Building,tit Marlin Luther qng Jr.Or,Manta.GAj
receipt for more than sixty(60)days for a New Motorcycle or Extended Eligibility 30334.Section 5(D)9 is deleted in its entirety and replaced with The following:Any r
Motorcycle,or more Than IRry 130)days for a Used Motccyde,the Selling Dealer failure,even of a Covered Part,caused by contaminants,foreign objects.improper
will make a pro rata refund less a processing fee of ten percent 110%)of the ESP amount or type of tuts,lubricants or coolants,or a mechanical breakdown or
Price or twenty-five dollars($25),Whichever is less.Such refund will be calculated problem related to failure to prelim]scheduled maintenance services as sal forth in
based upon elapsed time from the ESP Sale Date.SeNon 10553)2 Is amended to Section 7,Your Responsibilities for Service and Maintenance.Section 5(0)13 is
include the following:The processing fee will he the lesser of percent(10%)of deleted in its entirely and replaced with the rolmvnig Your Motorcycle if it has been
the ESP Price or twenty-five dollars($25). modified by you or with your knowledge,MN any diem-refire and/or nonslreet
ALASKA:Section 5(D)12 is deleted in its entirety and replaced with the following: legal alterations to the powena0,the suspension(inclWllg tire w wheel sizes)
My failure,even of a Covered Pars,it the odometerk operative or has been altered andlor a non-EPA compliant exhaust system 0 the ESP claim Was caused or
or tampered with dung the time You Owned Your Motorcycle,for the purposes of contributed to by the modification of the nonwmpint system.The processing fee
fraud,so that the actual driven mileage cannot be determined Section 91812 is of Section 9(B)is not to exceed the lesser of ten percent(l0%l of the pro rate refund
deleted fulls entirety and replaced with the following When a claim has been made amount or thirty-Ave dollars($35).SeNon'%9 and 10 are amended to include if We
against this ESP or if lit ESP has been effective for more than sixty(60)days for a do not pay Your refund due within foryfive(45)days after cancellation,We will be
New Motorcycle or Extended Elrgibrfity Motorcycle.or more than thirty(30)days l04 a subject to pay a lwenyfive percent(25%)penny of the amount of the return of
Used Motorcycle.the Selling Dealer will make a pro rata refund,less any claims paid, unearned premium and interest equal to eighteen percent(18%)per annum until
and less a processing fee of th4M'five dollars($35)or seven and one-half percent such time that proper return has been made.Section 10(A)16 deleted in Its entirety
(25%)of the ESP Rice.whichever la test Such refund will be calculated based upon end replaced with the following:We may only cancel this ESP due to fraud matenal
elapsed lime from the ESP Sale late.Section 10011)is deleted in its entirety and misrepresentation or nonpayment.A 10 day written notice will be mailed out for
replaced with the blowing:We reserve the dgh to cancel Os ESP babul notice for nonpayment or if the ESP has been in effect less than 60 days.A 30 day written
the following reasons a Your failure to provide Us with payment for this ESP.B. notice will be mailed out if he ESP has been in effect 50 days or more and cancels
Matenal misrepresenlation by You to Us which includes,but is not limited to,the for fraud or material misrepresenlatbn.Section 10(A)2 is deleted in its entirely and
ineligible use or modifications to Your Motorcycle.Section 10)8)2 is deleted in Ps replaced web the following:In the event Your Motorcycle tonins ineligible,or in the
entirety and replaced with the following When a temp has been made against this event We discover that Your Motorcycle is ineligible,We have the debt to deny
ESP oris this ESP has been effective for more than salty(60)days,the Selling Dealer coverage under This ESP There will be no processing fee under Dolton 10(6).
will make a pro ata refund of the unearned ESP Price,less claims paid.Such refund IDAHO:Section 2 of Your ESP is amended to include.Coverage is not guaranteed
will be calculated based upon elapsed time from he ESP Sale Date.Your ESP is by the Idaho Insurance Guarantee Association.
amended to include:II We fail to pay the cancelation refund due to You within forty- ILLINOIS:Section d(B)'Coverage Details'is amended to babe.Norval wear and
five(45)days after Your ESP is cancelled We we be subject to pay a penally of ten leer is covered except where excluded in Section 6'Non-Covered Parts,Services
•-/cent 10% Ube unearned ESP Price per month. and Coni ons' and Section 413)2 Vpfional The and Nicol Coverage' The
ARIZONA:Section 10(A)'Procedure'is amended to include the allowing:Coverage processing lee under Section 9(8)2 and Section 1013)2 will be the lesser of ten
may not be cancelled or voided due to acts or omissions of the Selling Dealer,or its percent(10%)of the ESP Price or thirty-five dollars($35).
assigns,or the Dealers failure to make proper repairs.Section 10(1)1)k deleted in INDIANA:Proof of payment to a Selling Dealer that issued this ESP or to the
entire and removed from Your Contact Administrator of IS ESP constitutes proof of payment to Cmdnenal Casualty
CALIFORNIA:Section 2 of Your ESP is amended la include.Our performance to Company.TMs Extended Service Plan is wt'msuarce and is not subject to Indiana
You under this ESP is guaranteed by a California approved insurance company.II insurance law.
You are not satisfied with the insurance company's response,You may contact the IOWA:Seton 2 of Your ESP is amended to include:Complaints may be filed with
California Depaimnt of Insurance at 800421-435?or access the Department's the Iowa Commissioner of Insurance at.at Iowa Commissioner of Insurance.Two
Internet Website (vAvw.irauance.ca.gov). CNA National Warranty Corporation Ruan Center,601 Locust Street,4°'Fiore Des tines,Iowa 80301,515-2815715.
operates under license p0C94205.Continental Service Provider,Inc.operates under Section 9(A)'Procedure is amended to include the following:If You cancel the ESP,
'tense 90E32746. Sections 9 and 10 we amended to include the fobbing We will mail a witen mace of termination to You within fifteen(15)days of the dale
statementAny refund due to You wil be paid within NiM(30)days.Section 903)2 is of the termination.
deleted in its entirety and replaced with the blowing:When a claim has been made LOUISIANA: Section 9(B)and Section 1053)are deleted in their entirety and
against this ESP or if this ESP has been in Your receipt for more than sixty(60)days replaced with the following-When this Contract is cancelled within sixty(60)days of
for a New Motorcycle or Extended Efgitiliy Motorcycle,or more Nan thMy(30)days the purchase of this Cobol.a full refund will be made by the Selling Dealer.If the
for a Used Motorcycle.the Selling Dealer wil make a pro as refund less a Contract has been in Your receipt for more Than sixty(60)days,Ne Selling Dealer
processing fee of twenty-five dollars($25)on Mn percent(10%)of the ESP Pike, will make a pro rata refund less a IMM-Ove dollar ($36) fee paid to Our
----
id-reliever Is less.Such refund will be caiwbted based upon elapsed Vine from the AdmaiMrotor.Such refund will be calculated upon elapsed lime from the Contract
ESP Sale Date. Seaton 10(A)l is deleted in i4 entirety and replaced MN the Sale Date.Our Admfnisbator has no liatitiy to You to make any refund payments.
kAawng We reserve the nght to cancel this ESP for any reason wrbn the first May MAINE:Sections 9 and 10 am amended to include the following statement'The
(60)days from the ESP Sale Date. After the first say(60)days from the ESP Sale processing fee wit n t exceed the lesser of ten percent(10%)of the ESP Price or
Date,We may only cancel this ESP for the following reasons: a.Your failure to thiM-five dollars(35$)Section 10(A)1 is deleted in its entirely and replaced with the
provide Us payment for Ins ESP. b.Misrepresentation by You to Us Mich includes blowing' We reserve The INN to cancel this ESP by ming written notice of
but is not limited to the mileage and equipment on Your Motorcycle. c.Fraud by You cancellation to You at Your address al least fifteen(15)days prior to cancellation for
in regard to this ESP.Section 101312 is deleted in its entirety and replaced with the the kiowing reasons:1.Your failure to porde Us with payment for this ESP;2.
following:When a claim has been made against this ESP or A this ESP has been in Material misrepresent-5m by You b Us Mich includes,but is not limed to the
Your receipt for moa than sixty(60)days for a New Motorcycle or Extended Bubb ineligible use or modifications to Your Motorcycle',or 3.A subsanfial breach of duties
Motorcycle,or more than thirty(30)days for a Used Motorcycle.the Selling Dealer under this ESP by You.The notice shall slate the effective dale of the cancellation
will rave a pro rata refund less a processing fee of twmry.five dollars($25)or len and IM reason for canoelaton.
percent(10%)of the ESP Pnce,whireever is less.Such refund will be calculated MARYLAND:Section 2(A)of Your ESP is deleted in its entirely and replaced with
based upon elapsed lime from the ESP Sale Date.Section 12'Definitions.'the the following:The terms We'Vs'and'Our'refer to lire obligor of this Contract
definition of'Administrator'is deleted in its entirety and replaced with the following. which is Continental Service Plan, Inc., 4150 N. Dbl.-water Blvd., Suite 400,
'Administrator means the organization that We have retained to porde Scottsdale,AZ 85251,000422-4158.Our obligations to You under this ESP are
administrative and claim services for this Harleyreavism Extended Service Plan, guaranteed under a service contract reimbursement insurance policy issued by
as stated in Section 13,Our Administrating Continental Insurance Company.333 S.Wabash Ave,Chicago,IL 60604 312-
CONNECTICUT:Section 2 of your ESP is amended to include: Complaints may be 822-5000.You may make a claim with Continental Insurance Company if We do
addressed to.Stale of Connecticut Insurance Departenl.P.0 Box 816.Harford, not settle Your claim or provide service within sixty(60)days of receipt of the
CT 11421816, ATTN: Consumer Affairs This ESP will not expire while Your Required Documents.This ESP is not an insurance policy and You are not
Mot. le is in a - Tr fadi for a covered Breakdown. required to purchase this ESP to either purchase or obtain financing for Your
FLORIDA:The blowing statements in Section 2 W Your ESP are amended as Motorcycle.You may also elect to bele a dispute Through the Consumer Protection
follows:We,"Us;and"Our refer to the obligor of this ESP which is CNA Nalbnal Division of the Maryland Attorney General.
Warranty Corporation Florida,License 960098 located at 4150 N.Drink/rater MINNESOTA:Section 10(A)1 is deleted in as entrey and replaced with the following:
---- Mvol, Suite 400, Scottsdale,AZ 85251,888882-0200. Our obligations to You Wereserve The nght to cancel Bes ESP by mailing when notice of cancela(n to You
under this Contact are guaranteed under a designated service contract at Your address at least five(5)days prior to emaciation for the folovng reasons:a
reimbursement Insurance policy issued by Continental Insurance Company.Policy Your failure to provide Us wIh payment for this ESP;b.Matenal nnsrepresenali a b/
Number WNC 0045003,333 S.Wabash Ave.,Chicago IL 60604,312822-5000. You to Us Milch Includes,Wt is not Smiled to,the mileage and equipment on Your I
The ale charged for this Service Contract is not subject to regulation by the;kande Motorcycle,or C.Avbranei bmm prides uMa ti ESP byYcu
Office of Insurance Regulations. Our Administrator is CNA National Warranty MISSOURI:Section OA)is amended to include The following:The terms'We,'Vs;
Corporation-Florida.The processing fee of Section 9(8)shall ml exceed the and qty refer to the provider of this Haley-Davidson ExtendedService Pan
lesser of ten percent(10%)of the unearned premium or thky-fire dollars($35). ('ESP"),which is Cmbnenal Sema Provider.Inc.4150 N.Ornkwater Blvd,Suite
Section 10(A)is deleted in its entirety and replaced with The following:We reserve 400,Scottsdale A745251,800-5211065.Obligations of the minder under this
the right to cancel this Contract for any reason wahin sixy(60)days of the ESP servbe contract are guaranteed under a service contract reimbursement insurance
Sale Date We will mail You written notice indicating the reason for the cancellation policy issued by Continental Casualty Company al 333 S.Wabash Ave..Chicago
and the effective dale of Me cancellation.After sixty(60)days We may not cancel IL 60604312.8225000. the provider falx to pay or provide service on a claim
this ESP except for the following reasons 1. Your failure to provide Us with within sixty(60)clays after prof of loss has been filed,or if the provider Fars to make
payment for this ESP, in which case We shall provide You with notice of a refund within sixty(E0)days of the rebind request,the contract holder is entitled to
cancellation by certified mail.2.Matenal misrepresentation or fraud at the time of make a claim W¢Ny against the rnsurance company.ContinentalCasually
sale.3.The odometer has been tampered with or disabled and You have failed to Company at 333 S.Wabash Ave.,Chicago IL 6104 312.8225000..Section 6 is
repair the odometer 4 You have failed to maintain Your Motorcycle as prescribed amended to include the following:Our claims administrators toll free numbers
by the manufacturer.The thirty-five dollar(535)processing lee of Section 101312 is 800-527-7765 Section 9(A)6910)are deleted E their entlrey and repecedwith
deleted from Your ESP. he following You may cancel the cental at any time by submitting a written
GEORGIA:Section 2 of Your ESP is amended to ilatde:Complaints may be filed cancellation request to Us or the Dealer.If You cancel within tile Free Lod
with the Office of the Commissioner of Insurance at-Office of Commissioner al Penod.which is within sixty(60)days of the purchase of this service contract for a
9360(04116)
New Motorcyee or within thirt(30)days of the purchase of this ESP for a a Used the Oklahoma Service WarrantyAssooaton number for Continental Service
motorcycle,and no claim has been made under the contract,the contract;s void Prodder,Inc.is 661224.SeNan 9(1312 n amended m include the folloveng:In the
and We or the Dealer shall refund to the comae bolder the full purchase pride at event the contract(ESP)is canceled by You,return of the provider fee shall be based
Me contract A fen percent 110%)penalty of the amount outstanding per month upon ninety percent(90%)of the unearned pro ata provider lee less the actual cost
shall be added to a refund Nat is not paid within forty-five(45)days of return of the Many service provided under the service wanany conhad(ESP).Section 1003)2 is
contract.If a claim has been made under the contract during the Free Look Period deleted in its entirety and replaced with to following In the event the contract(ESP)
and the contract is returned.We or me Dealer shall refund to the contract holder rs canceled by Us,return of premium shall be based won are hundred present
the full purchase price less any claims that have been paid.The applicable Free (100%)of unearned pro rata provider lee less the actual cost of any service provided
Look Penod shall apply only to the onglnel service contract purUnser 11 You under the service warranty contract(ESP).The thlay-five dollar 1535)processing fee
cancel after the Free Look Period.We or the Dealer shall refund to the contract of Section l0(Eljis deleted Corneae Contact.
holder one hundred percent of unearned pro ata provider fee,less any claims SOUTH CAROLINA:Secton 2 of Your ESP is amended N include:in the event of a
pare and less a$3500 administrative lee.We shall mail a written notice to the dispute with the provider of his Contract. you may contact the South Carolina
contract holder within forty-five(45)days of the dale of termination.Our Department of Insurarce,Capitol Center, 1201 Main Street,Ste 1000.Columbia,
Administratr its agents and assigns have no liability to You to make any refund South Carolina 29201 or(800)766-3467.
payments Section 12 is amended N include:The term"Costs'Is amended to TEXAS:Your ESP is amended to inclWe:Our Administrators registration nunberin
include:Replacement pads may be new,used,remanufactured,or parts of a Texas is#113.Your unresolved complaints concerning Us Of questions about the
like kind and quality when available,as deemed necessary or ppropriate by regulation of service contract providers may be sent to: Texas Department of
Our Administrator,These replacement pads shall comply with applicable Insurance.P.0 Box 149091,Austin,Tx 78714,WW-5997487.Section 2(A)is
state and federal laws. amended to include:You may make a claim with Continental Casually Company ifa
NEBRASKA:Section 2(A)is deleted in its with*and replaced with the following: refund due to You a col paid before the 46^day of the Gale which the ESP is
The terms'We,""Us,"and 'Our refer to the obligor of this Notley Davitlson cancelled. Section's 9137 and 10(BI are amended to include the following
Extended Service Plan("ESP"),which is Continental Service Plan,Inc,4150 N. Cancellation refund rSect10ill be decreased by any claims paid There will be w
Ddnkwater Blvd., Suite 400, Scottsdale, AZ 65251, 000.345-0191. Our processing fe uJer Section 10(87_
obligations to You under this ESP are guaranteed under Service Contract UTAH:Section 2 of Your ESP is amended to include:This ESP is subject u limited
Reimbursement Insurance Policy No.WNC0045000 issued by The Continental regulation by the Utah Insurance Department To file a compaint,contact the Utah
Insurance Company,333 S.Wabash Ave.,Chicago IL 60604,312422-5000.You Insurance Department Coverage afforded under this ESP is not guaranteed by the
may make a claim with The Continental Insurance Company if We do not settle
Properly and Casualty Guaranty Association Section 6(A)4 is deleted in its entirety
Your claim or provide service within sixty(60)days of receipt of Your proof of and replaced by If Your Motorcycle is in need of an emergency repair due to a
toss.This ESP is not an insurance policy and You are not required to lBreaktlown You may,at Your discretion.aulMdu necessary emergency repairs.if
purchase this ESP to either purchase or obtain financing for Your any portion of the repair i performed dung our Mminislrato,'s normal business
Motorcycle()) hours,You must have the repair faculty stop working on Your Vehicle and contact
NEVADA:Your ESP '¢amended to include the following:Your ESP Is not,thOur Administrator. You are responsible for all expenses and repair costs it it is
Renewable.Section 5(0)13 is amended as follows This condition will nol exclude
determined emergency gencye failureiror the Breakdown is net to covered if it does not qualify
mvnWe on any applicable coverage that is not related N the unauthorized or con as an or rroofio.Section 5(A)5 is amended within ie.Fakir-8 to give any
manufacturer recommended modification w and damages ansmq therefrom,unless noticeOf file any proof aolossaclaim required by IM1t ESP .if the brae specifiedwas n the
won coverage is otherwise excluded by the terms of this Contract 5(0)15 is deleted ESPrenabs not invalidate a made by Na You. You show Net it me
In i4 entirely and replaced with the follawiy':My damage,even Co a Covered Part if astnabtpoe wasgible to ven notice or file the proof of lsoowilsirasnablydpos0ma
es manufacturer has voided or rescinded its factory warranty If the ESP claim was Setl ionl notice leted or pmol re loss tiled bn as reserverset e right
caused by or contributed to by paths that would have otherwise been eligible for Section 10(4)1P a deletedhin it entirely and replaced cy'.We onthe rinto to
coverage under such factory warranty.Section 10(A)1 is deleted m its entirely and cancel this ESP before Material
Expiration Date lama, Substantial
a.Nonpayment risk k
replaced with the following:We reserve the nghl to cancel this ESP within seventy assmumedium w e suW,b.hould re so ablyhevtelfrt c hie lian change or coes lein pl
(70)days of the ESP Sale Date,forawhen unlessnt We should reasonably or have foreseen the or of cemaleled
)daanmre eExpiration aaondte YourESe thatar in¢eskas,it warrte ESPIma. (A)2iwMtedintseannel old contractual
menheefdme datet of teeESenty.7 hichescekasfE,excentor.a Famrryy year duties,the conditions,If
warrantiesccbs ESP within sixty
ixy(60)d iyssfmreyaoS Sale Daae
afpar y en eaudmYar toweler d
a criinalact whit Failure by You Wewith willlelasi written
nraouolYo Elen(0)days viortocancling Me Odle.
to pay Us when due:b.You are ecocide of a criminal act which results in eg deliver more than
notice t sixty Y(0)d(10)days the cancelling W ESP t We
increasengin the serviceSPor tin preseng under ESP:Clhe ESP;¢miceriunderthetEmisrepresentation by coelfcPSP moreNeo tYour)ddres as ESPnthis Sate Date,Soar deliverSP
nin Obtaining theESPpresenting foranwdedN th dSPwwry noticeof rafpn to VoaatYom3Wreys pronto nsP SectionCancellation of l or omission cte send the
o any Malrycy and tenreyiiceasd MI Nod leeg'Sca6n,al least grey(30)sferspnul suchcancellation.e noticveil
occupiedeAruedtun6 teESP;o ,ESP andsubstantiallyant ature orTcreat of MI Ida AiWeuna len(10)days of written moth[¢.The notice well
Ne reMw required or rnder epair
occrmferteheyeve Naee naturethorextentof slatetheWASHINGTON:
aareaM r2awnsnrNeedningitsoe.
to hrecauses
s service repair vise pours afters betect ¢e dale of and
ESI and WAwing Theta Ss Wen 2(A)sis deletedrin N entirety g afa replacedsHarley-Davidson with the
increasedinreh bes the requiredt seeded at repatiir tie be the ESP aaid matenald. following The terms We("Ss; iOW refer to the Service
this Hade N
10(13)1 is
Halcontemplated emirat the ems thatwith
ESP was If ued
add Drnkvmt Service Plan 400.06P),which is 81,Continental Plan.Inc.,4150 to
WhiSeciosven (I0)(70)days
of m entirely and replaced ace°with11Meowingmadele lo cancel Drinkwater er BIM.,Suite guarantee AZ underr5SBW34Conr1c 0Reimursiensnt
MINS seventyDealer
Section of t1 ESP Sale Date,a full refund vande replaced Ya by You under oa ESP are guaranteed sService The nti Reimbursement
Insurance Me Selling s been efe2 is for miits entirely and s.the with the Company. Policy No. h Ae.Chicago issued .3 Continental00ay makea
Dfoealer*MI
make
ESP hasrteffectiveuforermore ilhenalrente(70)days. Selling cawh The S.Wabash Ave_ncle Company
if ed2d220000 You claim at ay
OeakrmgESP poaDreNNo. ar Ilton writ be almlaktlayaaeorie effectivesed claim We Ste olWastngtotanas Cwnparyt weargar oenymvaimnein
untilrre from the ESP Sale Dale.Na after the noticeoa°en f Contract may Moores You core.We Site Your WaOg.eThe has yofWashi with regardIun to any witaction in
knat own
at dresn(15)days the of cancellation h mailed to at the any civil
with ESP. ct State M Washington Contact.
jonediWm with regard toe
lest Mown a°heal' any evil action in connection with Your Comao. Washington'soinceance
NEW HAMPSHIRE:Section ter Your ESP is amended to include:In the event You commissioner shall accept service of legal process N any action,suit,or proceeding
do net receive satisfaction under this ESP,You may contact the New Hampshire in any court for the following.
Seneca Plan,Inc Section 9(13)2e deleted in its entirely
Insurance cm d,en at'.New Hampshire Insurance Department,21 South Fruit SL and replaced with the folbwingr When a daim has been made against this ESP or r e
SWk 14,Concord,NH 03301. I this ESP has been effective for more than sixty(60)days for a New Motorcycle or
NEW MEXICO:Section 903)'Refund sent tion"isx amended to include.4.It You Extendedg Peeler MMwryde,or more than fury(30)days for a Used Motorcycle,
cancel this ESP,Your refund willed sent within sixty(W)days after the ESP is the Selling Dealer wit make a pm rata refund less a twenty-five allar (325)
peetrned ti Your refund is not returned weht the sixty peridays,a ten percent(10%) processing fee paid to OurP Sire aSuch refund will a calculated based won
panty of the purchase price,for each thirty(30)day period that the refund remains elapsed time from the ESP Sale Date. The Processing lee of Section 9131 and
unpaid wig be added to the refund. Section 10(A)is deleted in its entirety and Section 10(8)are not to exceed the lesser of len percent(10%)of the Contact
replaced with the enty(7g:We reserve the rigid to cancel Ne ESP for any reason Price or twenty five wirers(825).Your ESP is amended to include:Please Initial
ESP the first seventy(70)days from the ESP Sale Dale.We will not cancel Your WOW that You have read and understand the following:Section 1, 5,'lIolt
ESP that has been in effect for least seventy(70)days,before the Expiration Dale Your Deductible and Conditions,"
Dale;Section 4,"Coverage;"Section Non-
me(I)year after payeffectivean date of the ESP,whichever rocas first,except for: Covered Parts.Service Md CondiOons,"Section 6,What You Se Must Do If You
a.Paige by You to pay an amount xten due;b.Your conviction of a crime which Expenence A Breakdown Or Road Hazard Event," Section 7, 'your
results in an increase in the service required under this ESP,c.Rsorv•ry of laud u Responsibilities ForServiceMd Maintenance,'Section 9,'Your Rind To Cancel:
malenal misrepresentation by You in hmr ofg Inds ESP or N presenting a cam Section 10,'Ouand he l To Cancel:"Section 12,'Definitions:*and additionallythat
under this ESP,or d.Discovery of either the following it It occurred after the You understand The trtplied warranty of Merchantability on Neuryce is not
effective date of the ESP and substantially and materiallyrncrserviceed the service waived it the ESP has been purchased within ninety(90)days of Na e purchase date
required under Me ESP.I.Ad or omission by You,or ii.A violation by You of any of the MGou'The hoar Usorthe%Wm Dealer.d Purchasers Initials _I
condition of this ESP l within
is deleted days in its entirely and replaced with N¢ WISCONSIN: statement is added to Section Y.'THIS WARRANTY IS
following:If We cancel whin seventy(70)days of the ESP Sale Date,a MI refund SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE
yell be made to Yon by the 6eling Dealer.Section 10(8)2 is deleted in gs entirety cOMPOSSIONER OF INSURANCE"The processing lee of Section 9(B)a not to
and replaced with the fallowing.If this ESP has been effective for more than seventy exceed the lesser of len percent(10%)of the Senna Contract Purchase Price or
(7o)days,the Selling Dealer will make a pro rata refund less a Nhtyave dollar(395) NRy.fire driers($35)Section 10(A)is deleted in is entirety and replaced with the
processing lee No Cance refund will be calculated based upon elapsed time from to ESP (5)days:We reserve the right Its cancel the Contract by written notice at least five
Sale Dale.Node Jaden d the ESP may become effective elas until at least fifteen(151 (5)days prior to thecancellation,for the following reasons ayment of the
da after the no4eof cancellation is mailed Co You at the last known address. provider fee.2 Malarial but notes•ntation by You to Us.3.A substantial breech of
NORTH CAROLINA:The pr oes(irg fee of r art's reffn and 10(B)are not to duties by You,includingoobut Wiled to,the ineligible use on modifications to Your
ext¢d the lesser of ten percent(10%)of the pro rai refund amount or Ondyeve Motorcycle.Section la(13)2 is amended to include:The processing fee will only be
dollars$35. applied to cancellation refunds the to nonpayment of the
providertfee. The
GOAIgMk Section•2 of Youteed ESP is adal ea I to include.G Covwan As afforded .. . Ise shall not exceed the lesser of ten cent Io%I of the Service
under this ESP is not fuarankM. the Wahoea Insurance Gowan Aswaalfon. ss
9300(afn6)
Contract Purchase Price or thirty-five dollars($35).
SECTION 15. TERRITORY REQUIREMENTS
GUAM:The following statements in Section 2 of Your ESP are amended as follows:
-We;"Us,"and'Our'refer to the obligor of this ESP which is Harley-Davidson
Motor Company Group,LLC.800-527-7665.
PRIVACY NOTICE
FACTS What Does CNAN Do With Your Personal Information?
This Privacy Notice is being provided by the CNAN Companies and applies to the service contract and any
WHO? personal information obtained by the CNAN Companies in furtherance of performing the services provided under
the service contract.
The CNAN Companies collect information that is necessary to review,process or service requests for products,
benefits or other services.For example,we collect vehicle information to determine eligibility for coverage and
benefits under one or more of our products.
WHY? Protection of nonpublic,personal information is a matter of great importance to the CNAN Companies.We
appreciate the trust our business partners have in us,and we protect that trust by continuing to respect the
privacy of all of our service contract purchasers.
The personal information we collect is obtained from service contract purchasers and is found on the service
contract registration forms and any associated daim and cancellation notices.Generally,we request identification
WHAT? information,such as name,address,phone number and email address.Additional information about your vehicle
including the VIN number, Selling Dealer, and lienholder is collected in connection with the purchase of the
service contract and its coverage selected.
How Does CNAN Disclose Information:
We share your personal information only to third parties such as regulatory authorities,the Selling Dealership,
independent sales representatives of CNAN,claim services personnel engaged by us or you to provide roadside
assistance,vehicle inspections and repairs,and service contract financing.This information is sometimes shared
with Harley-Davidson Financial Services and its affiliates to render additional services to you, including: to
respond to a court order or subpoena;prevent fraud;security and compliance;collections;and to analyze data
about our products and programs.
Reasons CNAN Can Share Your Personal Does CNAN Share? Can You Limit CNAN
Information Sharing?
For CNAN's everyday business purposes —
such as investigating and making decisions about YES NO
HOW? coverages,services,benefits and other decisions
associated with your service contract.
For CNAN's marketing purposes— CNAN does CNAN Does Not Share Your
not share your personal information to market NO Personal Information for
CNAN products. Marketing Purposes
How Does CNAN Protect Your Information:
We restrict access to information to those employees who need to know in order to provide service.We regularly
review our security measures and employee education programs to help protect information. We also have
physical,electronic,and procedural safeguards in place to protect the information we receive.When we share
information with third parties,we require that they have standards to keep this information private.
This privacy policy continues to apply even when the service contract purchasers relationship with us has
terminated.
If you have any question regarding privacy matters,you may contact us by phone at 800-345-0191,extension
Questions? 408, or by e-mail at privacymanager(a.cnanational.com or by mail addressed to CNA National Warranty
Corporation,4150 North Drinkwater Blvd.,Suite 400,Scottsdale,AZ 85251,Attn:Privacy Manager.
CNAN Companies Means CNA National Warranty Corporation;CNA National Warranty Corporation—
Florida:Continental Service Plan,Inc.;and Continental Service Provider,Inc.
Selling Dealer Means the Harley-Davidson dealership, including its assigns and successors that
sold you the service contract that this Privacy Notice is subject to.
Definitions Affiliates Means a company related by a common ownership or control.
Independent Sales Means unaffiliated representatives of the CNAN Companies who work with and hold
Representatives of relationships with the Selling Dealer and CNAN collectively.
CNAN
Nonaffiliates Means companies not related by a common ownership or control.
9300(0,V16)
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-282683
Corpus Christi Harley-Davidson
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/11/2017
beCity filed.C (ems
City of Corpus Christi Date kn etlgetl: 1C^-
0, LAID id
3 Provide the identification number used by the governmental entity or state agency to track or identify the con act,a d provide a
description of the services,goods,or other property to be provided under the contract.
Service Agreement No. 1284
Harley-Davidson Police Motorcycles and maintenance
4 Nature of interest
Name of Interested Party City.State,Country(place of business) (check applicable)
Controlling I Intermediary
Douglass, Preston Corpus Christi ,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,un•+ •' alty of perjury,that the above disclosure is true and correct.
iOMAS J. FRANCO
--- II: :£Nofary I'ubllc.Stole of ieeas
.0? My Commission ExpbeS /T( /f ,
`w . March 03, 2019 Signature of authorized ag of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE `` o ,A// /
Sworn w and subscribed before me,by the said , /jV.S�n/ �j
✓ ;r.. i it ry_ ,this the // day of Aiven i r,
20 )7 ,to certify which,witness my hand and seal of office.
` Sig?.-- - Ii1P1 vi .T Tia et[no
Signa of cer �'administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.slale.tx.us Version V1.0.3337