Joyner JNSZ800MV, Owner'S Manual

Page: 131 / 131

other product where such failure or delay is due, in whole or in part, to any cause beyond Seller
‟s
control or without Seller
‟s fault or negligence,
9. RISK OF LOSS, INSURANCE. The risk of loss to the Vehicle or any other items covered by this
invoice passes to Buyer upon delivery of the Vehicle or other goods to Buyer at the address set forth
on this invoice for shipment to Buyer or such other place of receipt designated by Buyer. Buyer is
responsible for maintaining its own theft and liability insurance coverage for the Vehicle.
10. AGE. Buyer represents and warrants to Seller that Buyer is over the age of majority and is fully
competent to enter into this contract. Buyer acknowledges that Seller is relying on this
representation in entering into and performing this contract.
ADDITIONAL TERMS AND CONDITIONS OF SALE
1. PROMISE TO PAY. By signing this contract, Buyer agrees to pay Seller the
“TOTAL DUE”.
2. TIME OF ESSENCE. Time is of the essence of this contract, Seller
‟s acceptance of partial payments
shall not in any manner modify the terms of this contract and such acceptance shall not be construed
as a waiver of any subsequent defaults on Buyer
‟s part nor shall it waive the “time is of the
essence
” provision.
3. NOTICE. Any notice required to be given to Buyer shall be deemed reasonable notification if (
Ⅰ
)
mailed by ordinary mail, postage prepaid, to Buyer
‟s mailing address as shown on this contract or to
Buyer
‟s most recent address as shown by a “notice of change of address” on file with Seller, whether
or not such notice is actually received by Buyer, or (
Ⅱ
) if given in any other manner which results in
Buyer
‟s actual receipt of such notice.
4. BAD CHECK. If Buyer pays Seller with a check that is dishonored or unpaid for any reason, Seller
may at Seller
‟s sole option, terminate this contract and retake the vehicle, or make claims against
Buyer on the check. In addition, Seller will charge Buyer a $25 returned check charge plus any
actual charges assessed by Seller
‟s financial institution resulting from such returned check.
5. ATTORNEYS FEES. If it is necessary for Seller to take legal action to enforce any of Seller
‟s rights
under this contract. Buyer agrees to pay to the extent permitted by law, the seller
‟s reasonable
attorney
‟s fees and court costs.
6. GENERAL. This contract is governed by applicable federal law and the laws of the State of Arizona.
Any provisions found to be invalid shall not invalidate the remainder hereof. Waiver of any default
shall not constitute waiver of any subsequent default. All words used herein shall be construed to be
of such gender and number as the circumstances require. The contract shall be binding upon
Buyer
‟s heirs, personal representatives, successors and assigns and shall inure to the benefit of
Seller
„s successors and assigns. This contract constitutes the entire agreement between the parties
with respect to the subject matter herein, and may not be altered or amended unless made in writing
and duly executed by Seller.
7. CASH DEPOSIT. If Buyer fails or refuses to accept delivery of any Vehicle or product or fails to
comply with this contract, Seller may keep any cash deposit as liquidated damages, to the extent not
prohibited by law. The deposit may also be used to reimburse Seller for any expenses and losses
Seller incurs or suffers as a result of Buyer
‟s failure or refusal to accept delivery of the Vehicle or
product or to comply with this contract. Such expenses and losses may include Seller
‟s reasonable
and loses Seller incurs or suffers as a result of Buyer
‟s failure or refusal to accept delivery of the
Vehicle or product or to comply with this contract .Such expenses and losses may include Seller
‟s
reasonable attorney
‟s fees.
8. NON-DELIVERY. Seller is not liable for failure to deliver or for delay in delivering the vehicle or other
product where such failure or delay is due. In whole or in part, to any cause beyond Seller
‟s control
or without Seller
‟s fault or negligence.
9. RISK OF LOSS: INSURANCE. The risk of loss to the vehicle or any other items covered by this
invoice passes to Buyer upon delivery of the vehicle or other goods to Buyer at the address set forth
on this invoice for shipment to Buyer or such other place of receipt designated by Buyer. Buyer is
responsible for maintaining its own theft and liability insurance coverage for the vehicle.
AGE. Buyer represents and warrants to Seller that Buyer is over the age of majority and is fully
competent to enter into contact. Buyer acknowledges that Seller is relying on this representation in
entering into performing this contract.