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HEARNAP — Part 41
Page 103
103 / 365
er - r ee ee
it is further understood and agreed:
The order on the reverse side hereof is subject 10 the toltowing terms end con-
ditions which have been mutuaily agreed upon:
(1) Upon signature by authorized representative of the Seller, this order shall
be conditionally accepted by Seller subject to Selter’s approvaf of Purchasér's
credit. In the event Purchaser's credit is not approved by Seller, Purchaser shalt
return any vehicle delivesed by Seller pursuant to this agreement to Seller's
place of business within 24 hours after receipt of Seller's notice of disapproval
of Purchaser's credit and demand that said vehicte be returned. Purchaser agrees
to reimburse Seller for all costs of repair of any damage sustained by said vehi-
cle while in Purchaser's possession or control, excepting therefrom ordinary wear
trom normal usage. Upon return of said vehicle to Seller, Seller shall refund to
Purchaser the smount of any cash deposit paid to Seller by Purchaser, deducting
therefrom the cost of repair of damages to vehicle delivered by Selier as set
forth above; Selier shall also return to Purchaser any vehicle which may have
been traded-in on the order by Purchaser provided that such vehicle has not
meanwhile been disposed of by Seller. in the event that such vehicle has been
disposed of, Seller shaif refund te Purchaser the wholesale cash value of the
traded-in vehicle gs appraised herein by Seiler or as fisted in the most recently
dated Kelley Biue Book, or NA.D.A. Book, whichever shall be the lesser amount.
12}. Verbal promises by the salesman are not valid. Any promise or understand.
ings not herein specified in writing are hereby expressly waived.
(3) In the case of a new vehicle of chassis, the printed new vehicle warranty
delivered to purchaser with such vehicle or chassis shall apply. If the vehicte
sold is for commercial purposes there are ma warranties, expressed or implied
tespecting the merchantability er fitness for purpose unless the same is
ondersed hereon in writing or ts contained In @ separate written Instrument. if
the vehicle sold is to be used primarily fos persconai, family or household pur-
poses, purchaser has not designated any particular use and has not relied on
the Seller to select @ vehicle suitable for a particular purpose. In the case of
a used vehicle or chassis, the applicability of an existing manufacturer's or
selier's warranty thereon, shail be determined solely by the terms of such war-
ranty. All used cars or trucks sold “AS-IS” and without guarantee as to condition,
year or model, unless specified in writing.
(4) Dealer dees not watrant the correctness ef the year of manufacture, ef
mode) af said vehicle, in the sale of a used car. Purchaser, hereby agrees that
he has verified the description of the vehicle te his own satisfaction, and thers
is no warranty as to the correctness ef the description used,
(5) This agreement is not transferable without the consent of the dealer.
(5) It is expressly egreed that title to the automobile shall not pass to the pur-
chaser until payment in full shall have been made therefor in cash. Should any
check, note, or draft given by purchaser, or purchasers’ agent to dealer be dis-
honored, in whofe or in part, dealer may immediately retake possession of the
automobile without prior notice or demand and purchaser agrees to pay dealer
all costs and damage arising from the use of the automobile or incursed in
recovering its possession.
) The Purchaser hereby agrees that the deafer will not be held responsible for
delay in delivery, of noncompliance with the terms of this order, caused by
strikes, riot, war, shut-downs gt the factories, inability to obtain the car ordered,
or any other condition beyond his control. The Purchaser further agrees that the
piice quoted in this order is for immediate delivery, but if the price of the car
or accessories or the tax imposed by authorities should be changed by the mani
s/7s
-. ems,
facturer or the government before the car has been detivered to the deuer, then
this order shall be construed as if the changed price was originally inserted hereia.
(7a) The Purchaser hereby agrees that the dealer shall in no way be held iable
or any changes in designs or models, even though they do not meet the approval
o! the Purchaser. The Purchaser hereby agrees to teke the car as produced by
the manufacturer, Purchaser agrees to take delivery (and-pay balance due) within
24 hours after being notified that the car is ready for delivery.
{8) in the event that the transaction referred ta in this order is not a cash
transaction, the Purchaser herein before or a the time of dalivery of tar ordered,
and in accordance with the terms and conditions of payment indicated on this
order, will execute @ Security Agreement.
{9) The Purchaser hereby authorizes placing of the insurance shown on the face
of this order. The dealer is authorized to inform the insurance company to Jurnish
a Loss Payable Clause to the Selier or his assigns.
(10) The Purchaser hereby guarantees that all statements made by him and set
forth in this order and in the reference statement concerning credit information
signed at the time af signing this order sre true and correct, and that the dealer
may accept them as being true representations of existing facts.
{Il} The Purchaser does hereby agree to pay all attorney fees and court costs in
the, event any lotal action is necessary te enforce the terms of this agreement.
()2} In the event a used car is te be traded in as part payment of the car
purchased, the following trade-in agreement shall gavern the transaction:
ia) The Purchaser agrees to oonvey to the dealer the car described in the ordes
as a trade in. Trade-in, when received by dealer must de ia the same condition
including al} equipment and accessories as when appraised; if not in same condi-
tion, trade-in shall be reappraised. .
tb} The Purchaser warrants that he is the lawful owner of same, and that said
car is free and clear of all encumbrances except the “payoff” mentioned herein,
and the Purchaser does further agree to deliver upen demand title papers and
ownership certificate properly signed, and further guarantees the correctness of
the payoff as stated. ‘ . otto,
fc) In the event that the payoff quoted by the Purchaser is not correct and is
greater than the amount shown in the order, the Purchaser hereby agrees to
pay this excess on demand. if the Purchaser is unable to pay this excess on
demand, the dealer is hereby permitted to add the excess amount to the Security
Agreement, in event the car is financed. »- 4
(d} The trade in allowance shown in this ordér‘is the amount that the dealer
agrees to allow, providing the Purchaser accepts delivéry end completes the deal
at the time agreed upon in eccordance with the stipulated terms. [n the event
of any disagreement over the value of the car traded in, the dealer will sot be
liable for any more than the wholesale market vatue, as determined by the
wholesale figure as shown in the Kelley Blue Book or NADA Book, less the
estimated cost of reconditioning same. .
{e) If the used car traded in is not to be delivered to the dealer until th>
delivery of the new cart purchased, the used car traded in shall be subject to
reappraisal at that time, and such reappraisal value shall determine the allow
ance made for such car, but if such reappraisal value is lower than the original
aliowance shown on reverse side hereof the Purchaser may, if dissatisfied with
such reappraisal value, cancel this order. Such right to cancel, however, must be
exercised prior to the delivery of the new car to the Purchaser, and surrender of
the used car to the dealer.
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