Important Grey Market Notice! Wednesday, July 20, 2005

IMPORTANT SAFETY NOTICE!

GRAY MARKET TRACTORS,
EXCAVATORS, WHEEL LOADERS and CARRIERS

What is a “Gray Market Product?” A simple definition is a trademarked product originally designed and manufactured for use in a foreign market that is imported for resale in the United States without the consent of the owner of the trademark. In this instance, used Yanmar®-brand tractors, excavators, wheel loaders and carriers originally designed and manufactured by Yanmar Diesel Engine Co., Ltd. [“Yanmar”] for intended use in Japan, are being imported into the United States and sold to U.S. consumers by third parties without Yanmar’s consent or authorization.

The Yanmar®-brand tractors, excavators, wheel loaders and carriers designed for intended use in Japan do not meet U.S. safety standards in several respects. They also have other important differences from Yanmar®-brand tractors, excavators, wheel loaders and carriers designed and manufactured for the U.S. market and distributed through authorized channels. Some of these differences can affect the safe operation of the equipment. The purpose of this notice is to warn dealers, potential purchasers and owners and operators of “gray market” Yanmar®-brand tractors, excavators, wheel loaders and carriers of these safety-related differences. The most important safety-related differences between "gray market" Yanmar®-brand tractors, excavators, wheel loaders and carriers and those that were designed for the U.S. market and distributed through authorized channels are as follows:

TRACTORS

• Rollover Protective Structures (ROPS) and a seatbelt, certified to U.S. standards, which are recommended or required for tractors in the U.S. market, are not available for gray market tractors. A tractor without ROPS and a seatbelt will, under many circumstances, afford the operator less protection in a rollover accident than a tractor with certified ROPS and a fastened seatbelt.
• Power Take-Off (PTO) master shields and guards, required on tractors for the U.S. market, are not normally installed on gray market tractors. These devices are intended to protect from injury due to inadvertent contact with the rotating PTO shaft.
• Gray market tractors generally do not have an over-running clutch on the PTO whereas tractors designed for the U.S. market generally do. When a gray market tractor without such feature is used with a large rotary implement, it is possible for the tractor to continue moving even when the brakes are applied. Such implements are common in the U.S., but not in Japan.
• Some gray market tractors are not equipped with a safety start switch. This safety feature is designed to prevent the tractor from starting in gear and potentially striking or running over an operator who misuses the tractor by starting it from the ground instead of from the operators seat as per Yanmar's instructions.
• Pulling on the throttle of a gray market tractor will cause it to accelerate whereas pulling on the throttle of a tractor designed for the U.S. market will cause it to decelerate. This difference can have potential safety consequences for an unsuspecting operator.
• Gray market tractors have multiple PTO speeds for operating implements whereas tractors designed for the U.S. market generally have one PTO speed, namely, 540 revolutions per minute (rpm). If a gray market tractor is used with an implement designed for the U.S. market, the implement can be operated at revolution speeds in excess of its 540 rpm design speed, potentially leading to catastrophic failure of the implement and associated injury.
• Operators manuals for gray market tractors were written in the Japanese language and are not available from Yanmar in the English language.
• Warning decals for gray market tractors were written in the Japanese language and are not available from Yanmar in the English language.

EXCAVATORS, WHEEL LOADERS and CARRIERS

• Yanmar®-brand excavators, wheel loaders and carriers designed for the U.S. market have Rollover Protective Structures/Falling Object Protective Structures (“ROPS/FOPS”) and a seatbelt installed as standard equipment, whereas gray market models do not.
• Operators manuals for gray market excavators, wheel loaders and carriers were written in the Japanese language and are not available from Yanmar in the English language.
• Warning decals for gray market excavators, wheel loaders and carriers were written in the Japanese language and are not available from Yanmar in the English language.

As a result of these safety issues and in order to protect the "Yanmar" trademark and reputation, Yanmar does not support gray market Yanmar®-brand tractors, excavators, wheel loaders and carriers and will not knowingly supply replacement parts for gray market units. There is also no warranty from Yanmar for these used units which are present in the U.S. without Yanmar’s consent or authorization.

If you have any questions regarding gray market Yanmar®-brand tractors, excavators, wheel loaders or carriers, please contact Ryan M. Pott, Esq., Corporate Counsel, North America Operations, Yanmar America Corporation, 101 International Parkway, Adairsville, Georgia 30103, (770) 877-9894.

Yanmar Tractor Models Sold in the U.S. Marketplace
Through Yanmar Tractor (USA.), Inc.
(Authorized For Sale in the U.S. by Yanmar Co., Lt'd)

GT 14 YM 122 YM 135 YM 135D YM 140 YM 140D YM 146 YM 147 YM 147D YM 155 YM 155D YM 165 YM 165D YM 169 YM 169D YM 180 YM 180D YM 186

YM 186D YM 187 YM 187D YM 195 YM 195D YM 220 YM 220D YM 226 YM 226D YM 240 YM 240D YM 276 YM 276D YM 330 YM 330D YM 336 YM 336D

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