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HomeMy WebLinkAboutbocc.con.035.2015Rev. 08-30-11 jls COUNTY CLERK'S it/ CONTRACT COVERSHEET CONTRACT M 035-2015 ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Jonah Frank PHONE #: 5393 PROJECT NAME: 2 Subaru Crosstrek Hybrids CONTRACTOR: Glenwood Springs Subaru DOLLAR AMOUNT: $49,995.40 LINE ITEM # 110.52.00952.86650, 118.57.00952.86650 CONTRACT EXECUTION DATE: 1/13/15 CONTRACT END DATE: 6/30/15 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: N/A ❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement (Resolution Required) ❑ Lease ❑ Non -Profit ❑ Construction ❑ Quasi -Public (e.g.-AVH) ® Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other (e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓❑ All Other Blanks Filled In ✓ ❑ If Page Left Intentionally Blank —Note on Page ✓❑ All Exhibits Attached ✓ ❑ Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (f applicable) ✓ ® All Dates Filled In ✓® Warranty (if applicable) ✓ ® Special Instructions for Finance Department: Check ✓ ® Authorized Procurement Officer's Name: Jonah Frank BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract035-2015 PI 3115 Land et tine Item 4 110.52.00952.86650. 118.57.00952.86650 CONTRACT FOR THE PURCHASE OF GOODS 'rI-1IS CONTRACT is made and entered into this Lath day of January. 2015. by and between the Pitkin County Board of County Commissioners. 530 E. Main Street. Third Floor. Aspen, Colorado 81611 (hereinafter "County') and Glenwood Springs Subaru. (hereinafter "Vendor'). 1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: 2 Subaru Crosstrek Hybrid. per attachment 1 X 2 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees. manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the County at the following place and time: Place: 175 Storm King Rd, Glenwood Springs, CO 81601 Date: June. 30'h.2015 3. RISK OF LOSS. At all times prior to delivery and County's acceptance of the goods. Vendor shall bear any and all risk of Toss of or damage to the goods. During such period. Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OI' "THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver goods on time. (for delay and not as Penalty) in the amount of $50.00 per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 1 Contract P 035-2015 Budget Line Item » 110.52.00952.86650, 118.57.00952.86650 I; 13!15 6. ACCEPTANCE OF GOODS. Delivery of'goods shall be complete only upon acceptance by County. County shall have 7 days for inspection of goods. At delivery and alter inspection and acceptance. Vendor shall tender a Bill of Sale to the goods. together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of any liens. claims or encumbrances, and Vendor shall warrant the same, which warranty shalt survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of' this contract, County may reject goods. Vendor shall have 10 days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTY/REPAIRS: A. Delivery of Warranty. Upon delivery of the goods. Vendor shall simultaneously tender to County all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of 3 years 36,000 miles bumper to bumper and > years 60.000 miles drivetrain after goods are accepted, Vendor will. at Vendor's own expense. without any cost to the County. replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however. in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the County. C. Extended Warranties. In addition to the above. the County may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended warranties. which may be available front the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $49.99.40, but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Countv has the right to terminate this contract, with or without cause. by Giving written notice to the Vendor of such termination and specifying the effective date thereof. N Contract it 035-2015 1113115 Budget Line Item P 110.52.00952.86650, 118.57.00952.86650 11. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, County shall be entitled to suit for damages. specific performance or other relief in law or equity. 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of' this contract must be accepted in writing by the Countv. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that an), disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County I fearing Officer appointed to arbitrate Pitkin Counts' contract disputes. Costs of the arbitration shall be awarded to the ' substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable; the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 15. INTEGRATION AND MODIFICATION. This contract represents the entire and inteurated contract between the County and Vendor and supersedes all prior negotiations, representations, or contract. either written or oral. This contract may be amended only by written contract signed by both the County and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to beexclusively in the courts of Pitkin County, Colorado. 18. A"CTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13. the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the County is relying on and does not waive, by any provision of this contract. the monetary limitations or terns (presently $150.000 per person and $600.000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 5 24-10-101, e1 seq.. C.R.S.. as front time to time amended, or otherwise available to the County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contract'-' 035-2015 Budget Line Item •t 110.52.00952.86650, 118.57.00952.86650 Iit31is Vendor by the County for any in on to any person or arty property danta-c whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any, ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of` any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys. nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address helow: (2) delivery by facsimile with confirmation of'reccipt to the fax number below; or (3) within three (3) days of being sent certified first class mail. postage prepaid, return receipt requested addressed as follows: A. To: Pitkin County Jonah Frank 76 Service Center Rd Aspen, Co 81611 970-920-5764 with copies to: Pitkin County Attorney's Office 530 E. Main Street. #302 Aspen, Colorado 81611 Fax: (970) 920-5198 B. Glenwood Springs Subaru Hilary Stumpus & Christie Cutright 175 Storm King Rd, Glenwood Springs. CO 81601 rl Contnicttt 035-2015 I!1311a Budget Line Item = 110.52.00952.86650, 118.57.00952.86650 IN WITNESS WHEREOF, the parties have executed this contract as of the date (first set out herein above. VENDOR: Glenwood Springs Subaru BOARD OF COUNTY COMMISSIONERS OF PITICIN CM 'Y COLORADO Bv: By• Name/Company Date Fle Date c ton Leader Dat 5 P�L Glenwood Springs "A 1 U BAR MOTOR VEHICLE PURCHASE ORDER GLENWOOD SPRINGS SUBARU, 175 Storm King Road Glenwood Springs, Colorado 81601 (Next to the West Glenwood Mall) SALESMAN Hilary S*Lsnnug ,Zck { S:,—(& (& f VII? If. --7H l INC. Phone (970) 945-7447 DATE 1!g��g}ate PURCHASER'S NAME COUNTY Delivered Price 244 6 0 00 Accessories Address 74; ront:ar Rd Hm. 1l70I 92i-5313 WIL City, State. County & Zip Drivers License A.I;pl;w CA 1:11911 SPLASH GUARDS 141.86 MOTOR VEHICLE DESCRIPTION D.O.B. Mileage U=mDemo U Exec. Year eke JlJ Mede C V . IG Ii C0 1 ry-4 I.D. No Stock N4. ARBITRATION PURCHASER AGREES THAT IN LIEU OF ANY LAWSUIT, ALL DISPUTES ASSERTED BYTHE PURCHASER ARIS- ING FROMTHE SALEOR FINANCING OF THE VEHICLE, BASED ON STATUTE, CONTRACT OR TORT, WITHOUT LIMITATION, SHALL BE FULLY AND FINALLY RESOLVED BY ARBITRATION BEFORE A SINGLE ARBITRATOR APPOINTED BY THE BETTER BUSINESS BUREAU IN ACCORDANCE WITH THE BINDING ARBITRATION INSURANCE THIS CONTRACT DOES NOT PROVIDE FOR AUTOMOBILE LIABILITY INSURANCE, AND PURCHASER STATES THAT HEISHE HAS IN EFFECT AN AUTOMOBILE LIABILITY POLI - CY AS DEFINED IN SECTION 42.7.103(2), COLORADO REVISED STATUES, 1972, ON THE MOTOR VEHICLE SOLD BY THIS CONTRACT. RULES OF THE BETTER BUSINESS BUREAU. ARBI- TRATION SHALL BE PURCHASER'S SOLE AND EXCLU- REMARKS SIVE METHOD OF DISPUTE RESOLUTION. DEALER SHALL PAY THE COST OF THE ARBITRATION NOT INCLUDING PURCHASER'S ATTORNEY FEES. IN THE DELIVERY & HANDLING* 289 00 EVENT A PARTY FAILS TO PROCEED WITH ARBITRA- TION OR UNSUCCESSFULLY CHALLENGES THE ARBI- TOTAL PRICE TRATOR'S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THE OTHER PARTY IS ENTI- Less Trade-in Allowance, in- 24999 -7-e- TLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEYs FEES FOR HAVING TO COMPEL ARBI- cluding discount from list price TRATION OR DEFEND OR ENFORCE THE AWARD. - PURCHASER UNCONDITIONALLY WAIVES THE RIGHTTO LITIGATE ALL CLAIMS IN COURT, INCLUD- Taxable Sale Price INGTHE RIGHTTO A JURY TRAIL, OR TO PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF ANY Sales Tax TOTAL nqA CLASS IN ANY CLASS ACTION, INCLUDING CLASS ARBITRATION. REPRESENTS N COSTS DLAND Balance Owing on Trade•in Trade-in ADDITIONAL PROFIT TO THE SELLERIDEALER. TO: & Make Year Time Miles ESA Model ALL USED CARS SOLD "AS IS" OR MAINT. "WITH ALL FAULTS" UNLESSime-Miles SEPARATE AGREEMENT IS FURN. I.D. No. Additions to Cash Price ISHED TO BUYER. Title Location Trile No. The information you see on the window tam for this vehicle is part of this contract. Infor- mation on the window form overrides any GAP Mileage contrary provisions in the contract. LIEN FEE CAUTION: THIS AGREEMENT CONSISTS OF TWO PAGES. SEE REVERSE SIDE FOR ADDITIONALTERMS AND CONDITIONS. PURCHASER(S) HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS TOTAL CASH PRICE CASH SETTLEMENT AGREEMENT. THIS AGREEMENT SHALL NOT BECOME BINDING UNTIL ACCEPTED BY / DEALER OR HIS AUTHORIZED REPRESENTATIVE. I Deposit -Receipt No. — - 2. Rebate - r? �� _..- PURCHASER'S SIGNATURE � \1 _. DATE 3. Cash on Delivery - PURCHASER'S SIGNATURE _ DATE _ Total Items 1, 2 and 3 - ACCEPTED BY DEALER DATE Remaining Cash Balance Due n,. R",.dMw R�e. Can 1, 0M111 ADDITIONAL TERMS AND CONDITIONS I. As used in this Order the terms dal 'Sutler" shall mean the authorized Dealer to whom this Order is addressed and who shall become a parry hereto by its acceptance hereof. (b) -Purchaser" or "Buyer` shall mean the party executing this Order as such on the face hereof. and (c) -Manufacturer" shall mean the Corporation which manufactured the vehicle or chassis, it being understood by Purchaser and Seller that Seller is in no respect the agent of Manufacturer, that Seller and Purchaser are the sale panics to this Order and that reference to Manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Seller and Manufacturer with respect to new motor vehicles. 2. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice. In the event the prim to Dealer of new motor vehicles of the series and body type ordered hereunder is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Purchaser. Dealer reserves the right to change the cash delivered price of such motor vehicle to Purchaser accordingly. If such cash delivered price is increased by Dealer. Purchaser may. if dissatisfied therewith, cancel this Order, in which event if a used motor vehicle has been traded in as a pan of the consideration lir such new motor vehicle, such used motor vehicle shall he returned to Purchaser upon payment of a reasonable charge for storage and repairs, (if any) or, if such used motor vehicle has been previously sold by Dealer. the amount received therefor less a selling commission of 15% and any expense incurred in storing. insuring, conditioning or advertising said used motor vehicle for sale, shall be returned to Purchaser. 3. If the used motor vehicle which has been traded in as a pan of the consideration for the motor vehicle ordered hereunder is not to be delivered to Dealer until delivery to Purchaser of such motor vehicle, the used motor vehicle shall be reappraised at that time and such reappraised value shall determine the allowance mad: for such used motor vehicle. If such reappraised value is lower than the original allowance therefor shown on the frons of this Order. Purchaser may, if dissatisfied therewith, cancel this Order. provided, however, that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser and surrender of the used motor vehicle to Dealer. 4. Purchaser agrees to deliver to Dealer satisfactory evidence of title to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered hemunder at the time of delivery of such used motor vehicle to Dealer. Purchaser warrants any such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein. 5. Unless this Order shall have been cancelled by Purchaser under and in accordance with the previsions of paragraph 2 or 3 above. Dealer shall have the right, upon failure or refusal of Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the germs or this Order. to retain as liquidated damages any cash deposit made by Purchaser, and, in the event a used motor vehicle has been traded in as a pan of the consideration For the motor vehicle ordered hereunder, to sell such used motor vehicle and reimburse himself out of the proceeds of such sale for the expenses specified in paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer as a result of such failure or refusal by Purchaser. 6. Manufacturer has reserved the right to change the design crony new motor vehicle, chassis, accessories or pans thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle, chassis, accessories or pans thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealers orders. Correspondingly. in the event craggy such change by Manufacturer, Dealer shall have no obligation to Purchaser to make the same or any similar change in any motor vehicle, chassis, accessories or pans thereof covered by this Order either before or subsequent In delivery thereof to Purchaser. 7. Dealer shall not he liable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such failure or delay is due, in whole or in pan, to any cause beyond the control or without the fault or negligence of Dealer. X. The price for the motor vehicle specified on the face of this Order includes reimbursement for Federal Excise taxes. but does not include sales taxes, on taxes or occupational taxes based on sales volume, (Federal. State or Local) unless expr.esly so stated. Purchaser assumes and agrees to pay, unless prohibited by law. any such sales, use or occupational taxes imposed on or applicable to the transaction cowered by this Order regardless of which party may have primary tax liability therefor. 9. There are no warranties, expressed or implied, made by the dealer herein on the vehicle or chassis described on the face hereof. In the case of a new vehicle or chassis only the printed Manufacturer's New Vehicle Warranty delivered to purchaser with such vehicle or chassis shall apply. The New Vehicle Warranty made by the Manufacturer is the only warranty applicable to such new vehicle or chassis and is expressly in lieu of any warranties by the dealer, expressed or implied, including any implied warranty of MERCHANTABILITY or fitness for a particular purpose. In the case of a used vehicle or chassis, the applicability of an existing Manufacturer's warranty thereon, if any, shall be determined solely by the terms of such warranty. 10. Any used motor vehicle sold to Purchaser by Dealer under this Order is sold at the time or delivery by Dealer "as is" or "with all faults" and without any guarantee or warranty, expressed or implied, including any implied warranty of MERCHANTABILITY or fitness for a particular purpose, as to its condition or the condition of any part thereof except as may be otherwise specifically provided in writing on the face of this Order or in a separate writing furnished to Purchaser by Dealer. 11. The Purchaser, before or at the time of &,livery of the motor vehicle covered by this Order will execute such other firms of agreement or documents as may be required M the terms and conditions of payment indicated on the lion) of this Order. r..G Glenwood Springs �SUBAR MOTOR VEHICLE PURCHASE ORDER GLENWOOD SPRINGS SUBARU, INC. 175 Storm King Road Glenwood Springs, Colorado 81601 Phone (970) 945-7447 (Next to the West Glenwood Mail) SALESMAN ELISE y gg1.nLs DATE 1.18/2015 PURCHASER'S NAME PTTK,rW COUNTY Delivered Price c4461U OU Accessories Address Hm. {5701920-S393 Wk. REAR PAPIPEP COVE City, Stale, County &Zip Drivers License l SPUSH GUARD^ ;�'_ 96 MOTOR VEHICLE DESCRIPTION D.O.B. Mileage News�� ,,DDeemo Used'�Exec. Vear �1a SUL� Model V C IA T Cobr I.D. No. StoaK No. ARBRRATION PURCHASER AGREES THAT IN LIEU OF ANY LAWSUIT, ALL DISPUTES ASSERTED BY THE PURCHASER ARIS- ING FROM THE SALE OR FINANCING OF THE VEHICLE, BASED ON STATUTE, CONTRACT OR TORT, WITHOUT LIMITATION, SHALL BE FULLY AND FINALLY RESOLVED BY ARBITRATION BEFORE A SINGLE ARBITRATOR APPOINTED BY THE BETTER BUSINESS BUREAU IN ACCORDANCE WITH THE BINDING ARBITRATION INSURANCE THIS CONTRACT DOES NOT PROVIDE FOR AUTOMOBILE LIABILITY INSURANCE, AND PURCHASER STATES THAT HEISHE HAS IN EFFECT AN AUTOMOBILE LIABILITY POLI - CY AS DEFINED IN SECTION 42-7-103(2), COLORADO REVISED STATUES, 1972, ON THE MOTOR VEHICLE SOLD BY THIS CONTRACT' RULES OF THE BETTER BUSINESS BUREAU. ARBI- TRATION SHALL BE PURCHASER'S SOLE AND EXCLU- REMARKS SIVE METHOD OF DISPUTE RESOLUTION. DEALER SHALL PAY THE COST OF THE ARBITRATION NCT INCLUDING PURCHASER'S ATTORNEY FEES. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRA- DELIVERY 8 HANDLING' 289 00 TION OR UNSUCCESSFULLY CHALLENGES THE ARBI- TOTAL PRICE TRATOR'S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THE OTHER PARTY IS ENTI- TLED TO COSTS OF SUIT, INCLUDING REASONABLE Less Trade-in Allowance, in- - ATTORNEYS' FEES FOR HAVING TO COMPEL ARBI- cluding discount from list price TRATION OR DEFEND OR ENFORCE THE AWARD. PURCHASER UNCONDITIONALLY WAIVES THE RIGHT TO LITIGATE ALL CLAIMS IN COURT, INCLUD- Taxable Sale Price INGTHE RIGHTTO A JURY TRAIL, ORTO PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF ANY Sales Tax® - - CLASS IN ANY CLASS ACTION, INCLUDING CLASS ARBITRATION. TOTAL *DELIVERY REPRESENTS NCOSTS DAND OnTraaekl -74 Trada-in ADDITIONAL PROFIT TO THE SELLER/DEALER. TO: t7,a Make year Time Miles ESA ' Model ALL USED CARS SOLD "AS IS" OR FI MAINT. "WITH ALL FAULTS" UNLESSimeMiles SEPARATE AGREEMENT IS FI I.D. No. Additions to Cash Price ISHED TO BUYER. Title Location TAIe No. The information you see on the window form for this vehicle is part of this contract. Infor- mation on the window form overrides any GAP Mileage III, i contrary provisions in the contract. LIEN FEE CAUTION: THIS AGREEMENT CONSISTS OF TWO PAGES. SEE REVERSE SIDE FOR ADDITIONALTERMS AND CONDITIONS. PURCHASER(S) HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS TOTAL CASH PRICE CASH SETTLEMENT AGREEMENT. THIS AGREEMENT SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. 1. Deposit -Receipt No. - 2. Rebate - PURCHASER'S SIGNATURE DATE 1/812015 } PURCHASER'S SIGNATURE / DATE 3. Cash on Delivery - Total Items 1, 2 and 3 - ACCEPTED BY DEALER -� DATE 1 /R/THIS Remaining Cash Balance Due me Reynolds and R.mou. CMRM nEiEaO awn L ADDITIONAL TERMS AND CONDITIONS I. As used in this Order the terms (a) "Seller" shall mean the authorized Dealer to whom this Onkr is addressed and who shall become a party hereto by its acceptance hereof, (b) "Purchaser- or "Buyer- shall mean the party executing this Order as such on the face hereof, and (c) "Manufacturer" shall mean the Corporation which manufactured the vehicle or chassis, it being understood by Purchaser and Seller that Seller is in no respect the agent of Manufacturer, that Seller and Purchaser am the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Seller and Manufacturer with respect to new motor vehicles. 2. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice. In the event the price to Dealer of new motor vehicles of the series and body type ordered hereunder is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Purchaser. Dealer reserves the right to change the cash delivered price of such motor vehicle to Purchaser accordingly. If such cash delivered price is increased by Dealer. Purchaser my, if dissatisfied therewith, cancel this Order, in which event if a used motor vehicle has been rmded in as a pan of the consideration for such new motor vehicle, such used motor vehicle shall be returned to Purchaser upon payment of a reasonable charge fix storage and repairs, (if any) or, if such used motor vehicle has been previously sold by Dealer, the amount received therefor. less a selling commission of 15% and any expense incurred in storing, insuring, conditioning or advertising said used motor vehicle fix sale, shall be returned to Purchaser. 3. 11' the used motor vehicle which has been traded in as a pan of the consideration for the motor vehicle ordered hereunder is not to be delivered to Dealer until delivery to Purchaser of such motor vehicle, the used motor vehicle shall be reappmised at that time and such reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the original allowance therefor shown on the front of this Order. Purchaser may, if dissatisfied therewith. cancel this Order, provided however. that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser and surrender of the used motor vehicle it, Dealer. 4. Purchaser agrees to deliver to Dealer satisfactory evidence of title to any used motor vehicle traded in as a pan of the consideration for the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle to Dealer. Purchaser warmms any such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein. 5. Unless this Order shall have been cancelled by Purchaser under and in accordance with the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure or refusal of Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Order, to retain as liquidated damages any cash deposit made by Purchaser, and in the event a used motor vehicle has been traded in as a pan of the consideration for the motor vehicle ordered hereunder, to sell such used motor vehicle and reimburse himself out of the proceeds of such sale for the expenses specified in paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer as a result of such failure or refusal by Purchaser. 6. Manufacturer has reserved the right in change the design of any new motor vehicle, chassis, accessories or ports thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle, chassis, accessories or pans thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dalen: orders. Correspondingly, in the event of any such change by Manufacturer, Dealer shall have no obligation to Purchaser to make the same or any similar change in any motor vehicle, chassis, accessories or pans thereof covered by this Order either before or subsequent to delivery thereof to Purchaser. 7. Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle cowered by this Order when: such failure or delay is due, in whole or in pan, to any cause beyond the control or without the fault or negligence of Dealer. a. The price for the motor vehicle specified on the face of this Order includes reimbursement for Federal Excise taxes. but does not include sales taxes, use taxes or r�ccupa Tonal uses bussed on sales volume. (Federal, State or Local) unless expressly so stated. Purchaser assumes and agrees to pay, unless prohibited by law, any such sales, use or occupational taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may have primary tax liability therefor. 9. There are no warranties, expressed or implied, made by the dealer herein on the vehicle or chassis described on the face hereof. In the case of a new vehicle or chassis only the printed Manufacturer's New Vehicle Warranty delivered to purchaser with such vehicle or chassis shall apply. The New Vehicle Warranty made by the Manufacturer is the only warranty applicable to such new vehicle or chassis and is expressly in lieu of any warranties by the dealer, expressed or implied, including any implied warranty of MERCHANTABILITY or fitness for a particular purpose. In the case of a used vehicle or chassis, the applicability of an existing Manufacturer's warranty thereon, if any, shall be determined solely by the terms of such warranty. 10. Any used motor vehicle sold to Purchaser by Dealer under this Order is sold at the time of delivery by Dealer "per" or "with all faults" and without any guarantee or warranty, expressed or implied, including any Implied warranty of MERCHANTABILITY or fitness for a particular purpose, as to its condition or the condition of any part thereof except as may be otherwise specifically provided in writing on the face of this Order or in a separate writing furnished to Purchaser by Dealer. 11. The Purchaser, before or at the time of delivery of the motor vehicle covered by this Order will execute such other forms of agreement or documents as may be required by the terms and conditions of paymcm indicated on the front of this Order.