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HEARNAP — Part 41
Page 97
97 / 365
pene Sy ORAS De ee
AGREEMENT
Ht is further understood and agreed: .
The order on the reverse side hereof is subject to the tolowing terms and can-
Gitrons which have been mutually agreed upon: ;
(1) Upon signature by authorized representative of the Seller, this order shall
be conditionally accepted hy Seller subject to Seller's approval of Purchaser's
credit. in the event Purchaser's credit is not approved by Seller, Purchaser shall
return any vehicle delivered by Seller pursuant to this agreement to Seller's
piace of business within 24 hours after receipt of Seller's notice of disapprovat
of Purchaser's credit ant demand that ssid vehicle 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 contro!, excepting therefrom ordinary wear
from normal usage. Upon return of said vehicle to Seller, Seller shall refund to
Purchaser the amount of any cash deposit paid to Selter by Purchaser, deducting
theretrom the cost of repair of damages te vehicle delivered by Seller as set
forth above; Seiler shall also return to Purchaser any vehicle which may have
been tradecin on the order by Purchaser provided that such vehicle has not
meanwhile deen disposed of by Seller. In the event that such vehicle has been
disposed of, Seller shall refund to Purchaser the wholesale cash value of the
tradedin vehicle as appraised herein by Seiler of as listed in the most recently
dated Keliey Blue Book, or NAD.A. Book, whichever shail be the lesser amount.
2) 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 or chassis, the printed mew vehicle warranty
delivered to purchaser with such vehicle or chassis shall apply. If the vehicle
seit is fer cammercial purposes there are fc warranties, expressed or implied
taspecting the merchantabiitty ar fitness fer purpese unless the same is
endorsed herson in writing er is centained In a separate written instrument. If
the vehicle sold is te be used primarily for personal. famity or household pur-
fees urchaser has not designated any particular use and has not relied on
¢ Seller to select » vehicle suitable for a particular purpose. In the case of
a used vehicle or chassis, the applicability of ean existing manufactures's or
seller's warranty thereon, shall be determined solely by the terms of such war-
renty. All used cars or trucks sold “AS-IS” and without gusrantee as to condition,
year or model, unless specified in writing.
4) Dealer dess tat warrant the correctness of the year af manufacture, or
made! of said vehicle, in the sale af a used cer. Purchaser, hereby agrees that
he hes verified the description of the vehicle tc his wn satisfaction, and there
is a0 warranty at te the correctness ef the description used.
{S} This agreement is not transferable without the consent of the dealer.
6} it is expressly agreed 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 purthasez, or purchasers’ agent to dealer be dis-
honored, in whole or in part, desler may immediately retake possession of the
automobile without prior notice of demand and purchaser agrees to pay dealer
all costs and damage arising from the use of the automobile or incurred in
recovering its possession.
(7) The Purchaser hereby agrees that the deaier will not be held responsible for
delay in delivery, of noncompliance with the terms of this order, caused by
strikes, riot, war, shutdowns at the factories, inability to obtain the car ordered,
of any other condition beyond his control. The Purchaser further agrees that the
price quoted in this order is for immediate delivery, but if the price of the car
of accessories or the tax imposed by authorities should be changed by the manu
osva
facturer or the government before the car has been delivered to the cewier, then
this order shail be construed as if the changed price was originally inserted herein.
(7a) The Purchaser hereby agrees that the dealer shall in no way be held liable
for any changes in designs or modeis, even though they do not meet the approval
of the Purchaser. The Purchaser hereby agrees to take 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) fn the event that the transaction referred to in this order is not 8 cash
transaction, the Purchaser herein before or a the time of d2livery of car ordered,
and in accordance wiih the terms and conditions of payment indicated on this
order, will execute a Security Agreement.
49) The Purchaser hereby authorizes placing of the insurance shown on the face
of this order, The dealer is authorized to inform the insurance company ta furnish
8 Loss Payable Clause to the Seller or his assigns.
{10} The Purchaser hereby guarantees that all statements made by him and set
forth in this order and in the reference slatement concerning credit information
signed at the time of signing this order are true and correct, and that the dealer
may accept them as being true representations of existing facts.
{ll} Tha Purchaser does hereby agree to pay all attorney fe
the event any focal action is necessary to enforce the terms of this agreement,
(12) in the event 2 used caz is to de traded in as part payment of the car
purchased, the {cllowing trade-in agreement shall govern the transaction:
fa) The Purchaser agrees to convey to the dealer the car described in the order
#3 a tiade in. Trade-In, when received by dealer must be in the same condition
including ali equipment and accessories a& when appraised; tf not in same condi-
tron, trade-in shall be reapprassed.
fb) The Purchaser warrants that he is the lawful owner of same, and that said
cart is free and clear of all encumbrances except the “payoff mentioned herein,
and the Purchaser does further agree to deliver upon demand title papers and
ownership certificate properly signzd, and further guarantees the correctness of
the payoff as stated. .
{c) Jn 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. [f 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.
id} The trade in allowanc2 shown in this order is the amount that the deaier
agrees to altow providing the Purchaser accepts delivery and completes the deal
at the time agreed upon in accordance with the stipulated teems. In the event
of any disagreement over the vaiue of the car traded in, the dealer wil! not be
Hable for any more than the wholesale market value. as determined by the
wholesale figure as shown in the Kelley Biue Book or N.AD.A Book, less the
estimated cost of reconditioning same.
fe) If the used car traded in is not to be defivered to the dealer until th:
delivery of the mew car purchased, the used car traded in shall be subject te
reappraisal at that time, and such reappraisal value shall determine the atiow-
ance made for such car, but sf such reappraisal value is lower than the original
allowance shown on reverse side hereof the Purchaser may, if dissatisfied with
such reappraisal value, cancel this order. Such right to cance!, however, must be
exercised prior to the delivery of the new cat to the Purchaser, and sutrender ot
the used caf to the dealer.
rem? Toy
2$ and court costs in
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