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ADDITIONAL TERMS, CONDITIONS AND DISCLOSURES
<br />It is further understood and agreed that the order on the reverse side hereof is subject to the following terms and conditions which have been
<br />mutually agreed upon:
<br />1. BUYER'S WARRANTIES. BUYER MAKES THE FOLLOWING WARRANTIES CONCERNING THE TRADE-IN VEHICLE(S) LISTED ON
<br />THE FRONT SIDE OF THIS DOCUMENT
<br />A. That the vehicle has not been involved in any collision resulting in any body or chassis damage and does not contain any hidden
<br />mechanical defects or hidden defects in the body or chassis;
<br />B. That other than the creditor lien for the stated payoff balance, the title to the trade-in vehicle is free and clear of any other liens or
<br />encumbrances, and that Buyer is the registered owner of said vehicle and agrees to deliver to Dealer satisfactory evidence of title to said
<br />vehicle;
<br />C. That the certificate of title for said vehicle does not contain any brand or comment, including but not limited to "REBUILT," "SALVAGE,"
<br />"JUNK," "DESTROYED," "NON -CONFORMING," "LEMON," or "FLOOD;"
<br />D. That the airbag(s) is/are intact and have not been deployed, deactivated, tampered with, repaired, or otherwise altered in any way, and
<br />that no airbag "on/off switch" has been installed;
<br />E. That the trade-in vehicle has not been determined to have an uncorrected non -conformity or serious safety defect as the result of any
<br />final determination, adjudication or settlement in Washington or any other state;
<br />F. That the vehicle's emission control equipment is intact, standard to the vehicle, and that no part of the system has been removed or
<br />altered;
<br />G. That the vehicle has never sustained flood or water damage;
<br />H. That the odometer on the vehicle has not been rolled back or otherwise tampered with, and that the mileage reflected on the odometer
<br />is the actual mileage on the vehicle
<br />Buyer acknowledges that Dealer is relying on the foregoing warranties and that without such warranties, Dealer would not be purchasing the
<br />trade-in vehicle(s). Buyer further acknowledges that a breach of any of the foregoing warranties entitles Dealer to rescind this Buyer's Order
<br />and/or to recover from Buyer any damages sustained by Dealer resulting from said breach, including attorney's fees and costs.
<br />The dollar amount specified as the trade-in allowance may be renegotiated and adjusted in the event that: (1) The Buyer fails to disclose that
<br />the certificate of ownership or certificate of title for the trade-in vehicle has been branded for any reason, including but not limited to: its status as
<br />a "Rebuilt," "Salvage," or "Lemon Law Repurchase" vehicle; or (2) The trade-in vehicle has substantial physical damage or a latent mechanical
<br />defect which occurred before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time the
<br />order, offer or contract was made; or (3) There are excessive additional miles on the trade-in vehicle(s) or there is a discrepancy in the mileage as
<br />defined in RCW 46.70.180(4)(b); provided, however, that such does not preclude either parry from asserting any other claims or defenses available
<br />to them.
<br />2. PRICE CHANGES. The manufacturer has reserved the right to change the price of new motor vehicles, including the price of factory -installed
<br />options, without notice. In the event that the price of the new car ordered hereunder is so changed, the cash delivered price, which is based
<br />on the list price effective on the day of delivery, will govern in this transaction. If the cash delivered price is increased as a result of the
<br />manufacturer's change in the price, Buyer may, if dissatisfied with such increased price, cancel this order. The Dealer shall retain the option
<br />to void this order if Buyer does not agree to the adjusted price.
<br />3. CHANGE OF DESIGN. The manufacturer has the right to make any changes in the model or design of any accessories and/or parts of any
<br />new motor vehicle at any time without notice. In the event of any such changes, neither Dealer nor manufacturer shall be obligated to make
<br />corresponding changes in the vehicle covered by this order, either before or subsequent to the delivery of such vehicle to Buyer.
<br />4. DELAYS IN DELIVERY. Dealer shall not be liable for failure to deliver or delay in delivering the vehicle covered by this order where such
<br />failure or delay is due to or caused, in whole or in part, by the manufacturer, accidents, strikes, fires or other causes beyond the control of the
<br />Dealer.
<br />5. FACTORY WARRANTY. If any new or used vehicle is subject to an existing manufacturer's warranty, that warranty is made by the manufacturer
<br />only and runs directly from the manufacturer to Buyer.
<br />6. DENIAL OF FINANCING APPROVAL. If for any reason financing approval is not given, or this Agreement is declared void, this section
<br />applies. You will return the vehicle to us. You will pay us on demand all reasonable charges and expenses for any damage to the Vehicle. If
<br />you fail to return the Vehicle within 24 hours of our request, you acknowledge that we may retake immediate possession of the Vehicle and
<br />you agree to pay us (i) all reasonable expenses we incur in connection with retaking the Vehicle, (ii) the greater of $.30 per mile or $30 per
<br />day for your use of the Vehicle from the date of your possession of it, and (iii) property damage claims, attorney fees, and other sums to the
<br />extent permitted by applicable law.
<br />7. LIMITATION ON WARRANTIES. On used motor vehicles, Dealer makes no express warranties except as may be set forth in any -written
<br />limited warranty granted to Buyer. As to the implied warranties of merchantability and fitness, the same shall be modified, disclaimed or
<br />excluded as provided in a separate writing furnished to Buyer by Dealer in the form of a Limited Warranty or a Disclaimer of Warranties.
<br />The terms of such Limited Warranty or Disclaimer of Warranties shall control and thereby affect any implied warranties, and such terms
<br />and conditions are hereby made a part of this order and are incorporated herein by reference. Further, the applicability of any existing
<br />manufacturer's warranty on the used motor vehicle, if any, shall be determined solely by the terms of such warranty.
<br />8. BUYER'S OBLIGATIONS. Buyer shall execute an odometer disclosure statement pertaining to Buyer's trade-in vehicle(s) as required by law.
<br />Buyer agrees and acknowledges that any misrepresentation on said odometer statement will constitute a breach of this agreement by Buyer
<br />and entitles Dealer to pursue all remedies allowed by law or, at Dealer's option, to cancel this agreement. Further, in the event the vehicle
<br />purchase referred to in this order is to be financed, Buyer herein, before or at the time of delivery of the vehicle ordered, and in accordance
<br />with the terms and conditions of payment indicated on the front side of this order, agrees to execute a retail installment contract or security
<br />agreement for the purchase of such vehicle. Buyer agrees that any misrepresentation on any credit application provided by Buyer with
<br />respect hereto shall constitute a breach of this Agreement.
<br />9. SECURITY INTEREST. Buyer hereby grants to Dealer a security interest in the subject vehicle and in all additions, accessories, and all
<br />proceeds of insurance covering its loss, damage, or destruction, and in all service contracts and mechanical breakdown policies pertaining
<br />thereto. The security interest created hereby secures the payment of all debt Buyer owes to Dealer pursuant to and/or arising under this order,
<br />including but not limited to the purchase price of the subject vehicle. Seller retains this security interest provided for in this Buyer's Order
<br />notwithstanding assignment of any retail installment contract or other financing agreement (including the separate security interest provided
<br />for, and in addition to, that therein) to a third party.
<br />10. ATTORNEY'S FEES. In the event either Buyer or Dealer shall seek the services of an attorney as a result of the breach of this agreement
<br />by the other parry, the prevailing party in any legal action or arbitration shall be entitled to reimbursement of attorney's fees and costs
<br />incurred as a result of the other party's breach. Further, in the event Buyer files for bankruptcy, Dealer shall be entitled to collect any and all
<br />attorney's fees incurred by Dealer with respect to such bankruptcy proceeding, including but not limited to seeking relief from stay or seeking
<br />reaffirmation of the debt.
<br />11. CONTROLLING LAW/VENUE. This agreement shall be construed in accordance with the laws of the State of Washington. In any suit, action,
<br />or other proceeding arising out of this agreement, the parties agree that the venue for any such suit, action or proceeding shall be the county
<br />in which the Dealer's principal place of business is located.
<br />12. DOCUMENTARY SERVICE FEE. The Documentary Service Fee is a negotiable fee.
<br />WSAD Services, Inc. Form 450 This Form is Property of WSAD Services, Inc_ and is Not to be Reproduced or Copied. Rev. 09/11
<br />Copyright Pendine
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