Joyner JNSZ800MVA Owner's Manual page 222

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.
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,
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 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.