Joyner JNSZ150DS Owner's Manual page 73

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 attorneys 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 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 duty 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 reimburse
Seller for any expenses and losses Seller incurs or suffers as a result of Buyer's failure
or refusal to accept deliver 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.
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
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