Its both partys fault, but more Yamaha's. Every new unit should go out with fluids from Yamaha, thats not the dealers responsibility. But it is the dealers responsibility to check to make sure it has fluid. I would contact the service manager at the dealership and see what you can come up with.
What a crock of shit. Like I said in earlier in some thread the dealers are only interested in selling, high priced maintenance , and selling high priced accessories. There must dealers that want to give good service out there but the people that work for them are only interested in a paycheck. That's just my opinion The dealer should of caught that and I'll bet none of that gets checked.