HomeMy WebLinkAboutSH18-018 FORD WARRANTIES-1806 Buyers order (2)VEHICLE BUYER'S ORDER
57233
COLUMBIA FORD INC
700 7TH AVE
LONGVIEW, WA 98632-2197
360-423 4321
BUYER KITTITAS COUNTY
ADDRESS 307 W UMPTANUM RD
DATE 05/23/2018
R E C E 3E DEAL# 46355
BN 0 7 20118 CUST# 128406
KITTITAS COUNTY SHERIFF
ACCOUNTING
RES. PHONE( ) BUS. PHONE( 509 ) 962-7526
CITY ELLENSBURG COUNTY STATE WA ZIP 98926
STOCK NO.
YEAR
2018
NEW I
X
USED
COLOR
MAKE
FORD
MODEL
EXPLORER
VIN NUMBER "
1 FM5K8AR2JGB19846
Title Brands/Comments (if applicable): REBUILT JUNK SALVAGE/REBUILT DESTROYED OTHER
LICENSE NO. WA: TAB: EXP:
ODOMETER READING
The owner of a vehicle may be required to spend up to $150 for repairs if the vehicle does not
meet the vehicle emission standards under chapter 70.120 RCW. Unless expressly warranted by
the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests
required by federal or state law.
SIGNATURE (DO NOT INITIAL)
NOTICE TO BUYER REGARDING THE AIRBAGS ON THIS VEHICLE:
_ an "on/off switch" has been installed on the airbag(s)
the airbag(s) have been deactivated
A. USED VEHICLE TRADE-IN
YEAR MAKE MODEL
MILEAGE VIN#
BALANCE OWED TO:
UENHOLDER'S ADDRESS
SECONDB.
YEAR MAKE MODEL
MILEAGE VIN#
BALANCE OWED TO:
LIENHOLDER'S ADDRESS
Gross trade-in allowance for (A) $ 0.00
Less estimated balance owed on (A) $ 0.00
Gross trade-in allowance for (B) $ 0.00
Less estimated balance owed on (B) $ 0.00
'ESTIMATED NET ALLOWANCE ON TRADE-IN(S): $ 0.00
(carry over to line 6)
`Buyer acknowledges that the payoff and/or lien balance on the trade-in vehicle as
described above is only an estimated figure, subject to verification and confirmation
from the lienholder as to the exact dollar amount. In the event the payoff/lien balance
exceeds the above -stated amount, such additional amount shall, at the option of the
Dealer, be added to the total cash price of the vehicle and shall be paid to the dealer
on request or added to the amount being financed.
X
SIGNATURE (DO NOT INITIAL)
1. BASE PRICE OF VEHICLE
0,00
2. DEALER ADDED OPTIONS:
3. BASE PRICE OF VEHICLE AND OPTIONS (1 PLUS 2)
N/A;
4. ESTIMATED Vehicle Excise Tax, License, Title and
Registration Fees, Bank Title Lien Release Fee $ N/A
(including $3.00 Arbitration Fee on New Cars)
($2.50 Dealer Administrative Fee)
N/A.
5. DOWN PAYMENT
(Not receipt for cash received.)
(A) CASH
0.00
NIA
.
(B) REBATE
0.00
6. ESTIMATED Net Trade -In Allowance
N/A
7. TOTAL CREDITS (5 + 6)
N/A
8. SALES TAX [Calculated on the difference between Cash Price of
Vehicle and Options (Line 3 above) and Gross Trade-in Allowance]
. N/A'
9. DOCUMENTARY SERVICES FEE
N/A
10. SERVICE CONTRACT
2795.00''
11. MAINTENANCE CONTRACT
2680.00-
12. SALES TAX [For Service Contract and/or Maintenance Contract]
454.43'
13. INSURANCE (Life, Disability, etc.)
N/A;
14. OTHER
N/A
15. TOTAL CASH PRICE OF VEHICLE
(3+4+8+9+10+11 +12+13+14)
5929,43
16, UNPAID BALANCE OF CASH PRICE DUE ON DELIVERY (15 — 7)
5929.43
17. UNPAID BALANCE — AMOUNT FINANCED (15 — 7)
5929.43 -'
FINANCING CONDITION IF A RETAIL INSTALLMENT CONTRACT OR NOTE AND SECURITY AGREEMENT IS SIGNED IN CONJUNCTION WITH THIS BUYER'S ORDER
(COLLECTIVELY, THE"AGREEMENT"), THE AGREEMENT IS BINDING UPON EXECUTION, PROVIDED HOWEVER,THATTHE DEALER WILL HEREAFTERASSESS THE BUYER'S
CREDITWORTHINESS AND IF THE DEALER DOES NOT HEREAFTER APPROVE FINANCING ON ACCOUNT OF THE BUYER'S CREDITWORTHINESS AND SUBSEQUENTLY
NOTIFIES BUYER OF SUCH DISAPPROVAL, THIS AGREEMENT IS VOID, EXCEPTAS PROVIDED IN PARAGRAPH 6 ON THE REVERSE SIDE HEREOF.
ARBITRATION CLAUSE THIS ARBITRATION CLAUSE GREATLY AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE ARBITRATION CLAUSE
CAREFULLY BEFORE SIGNING THIS AGREEMENT.
• YOU OR WE SHALL, SUBJECT TO THE TERMS HEREOF, HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL.
• IFA DISPUTE 1S ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE ASA CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY
HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
• DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE
IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THE INFORMATION THAT YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS
GENERALLY MORE LIMITED THAN IN A LAWSUIT.
All disputes between the Parties and/or their designees (hereinafter referred to as the Parties), whether in contract, tort or otherwise — including the interpretation and scope of this
clause, and the arbitrability of the claim or dispute, between you and us or our employees, agents, successors or assigns, which arise out of or relate to thisAgreement or any resulting
transactions shall, at your or our election, be resolved by neutral, binding arbitration in accordance with the laws of the State of Washington. Any claim or dispute is to be arbitrated
on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. If the Parties are not able to agree upon a single arbitrator
Within ten (10) days following demand therefore, then the arbitrator shall be appointed by Judicial Arbitration and Mediations Services (JAMS). The Parties recognize, acknowledge
and agree that the designated arbitrator will be an independent individual, not affiliated or related to either, and that any dispute between the Parties will not be heard and decided by
a judge or jury.
Each Party shall pay one-half of the arbitrator's fees and costs, unless one Party is ruled the prevailing Party by the arbitrator, in which case the arbitrator, subsequent to the arbitration
itself, may award the prevailing Parry the arbitrator's fees and costs, and award the prevailing Party's attorneys fees and costs. In our discretion we may, but are not obligated to,
advance more than one-half of the costs of administration or case management, provided however that we may recoup that advancement subject to the arbitrator's decision on fees
and costs. The arbitrator's decision and/or award shall be final and binding on all parties, and may be sued upon or enforced in any court of competent iurisdiction.
You and we retain the right to self-help remedies, such as repossession. You and we retain the right to seek remedies in either bankruptcy court or small claims court for disputes within
those courts' jurisdiction, unless such action is transferred, removed or appealed to a different court. This clause shall survive any termination, payoff or transfer of this Agreement.
If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.
By setting forth his or her initials, Buyer acknowledges that this agreement contains the
above arbitration provision, and agrees that he or she has read and agrees to the same: BUYER
CO -BUYER
BUYER AGREES THATTHIS AGREEMENT INCLUDES ALL OFTHE TERMS AND CONDITIONS ON THE FRONT AND BACK SIDE HEREOF, THATTHIS AGREEMENT CANCELS
AND SUPERSEDES ANY PRIOR AGREEMENT INCLUDING ORAL AGREEMENTS AND, AS OFTHE DATE BELOW, COMPRISES,WITH.ANY RETAIL INSTALLMENT CONTRACT,
SERVICE CONTRACT, INSURANCE CONTRACT, AND OTHER AGREEMENTS AND ACKNOWLEDGMENTS SIGNED CONTEMPORANEOUS HEREWITH,THE COMPLETE AND
EXCLUSIVE STATEMENT OFTHE TERMS OF THE AGREEMENT RELATING TO THE SUBJECT MATTERS COVERED BY THIS AGREEMENT. BY SIGNING THIS AGREEMENT,
BUYER ACKNOWLEDGES THAT BUYER HAS READ ITS TERMS AND HAS RECEIVED ATRUE COPY OF THIS. AGREEMENT. IF THIS ORDER IS FOR A USED VEHICLE, THE
INFORMATION ON THE WINDOW FORM OF THE VEHICLE IS ALSO APART OF THIS ORDER AND OVERRIDES ANY CONTRARY PROVISIONS OF THIS ORDER.
X 05/23/2018
Buyer's Signature Date Dealer or Dealer's Authorized Representative
Co -Buyer's Signature
Date
Salesperson's Name
WSAD Services, Inc. Form #50 This Form is Property of WSAD Services, Inc. and is Not to be Reproduced or Copied. Rev. 09/11
Copyright Pending
ADDITIONAL TERMS, CONDITIONS AND DISCLOSURES
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
mutually agreed upon:
1. BUYER'S WARRANTIES. BUYER MAKES THE FOLLOWING WARRANTIES CONCERNING THE TRADE-IN VEHICLE(S) LISTED ON
THE FRONT SIDE OF THIS DOCUMENT:
A. That the vehicle has not been involved in any collision resulting in any body or chassis damage and does not contain any hidden
mechanical defects or hidden defects in the body or chassis;
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
encumbrances, and that Buyer is the registered owner of said vehicle and agrees to deliver to Dealer satisfactory evidence of title to said
vehicle;
C. That the certificate of title for said vehicle does not contain any brand or comment, including but not limited to "REBUILT," "SALVAGE,"
"JUNK," "DESTROYED," "NON -CONFORMING," "LEMON," or "FLOOD;"
D. That the airbag(s) is/are intact and have not been deployed, deactivated, tampered with, repaired, or otherwise altered in any way, and
that no airbag "on/off switch" has been installed;
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
final determination, adjudication or settlement in Washington or any other state;
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
altered;
G. That the vehicle has never sustained flood or water damage;
H. That the odometer on the vehicle has not been rolled back or otherwise tampered with, and that the mileage reflected on the odometer
is the actual mileage on the vehicle
Buyer acknowledges that Dealer is relying on the foregoing warranties and that without such warranties, Dealer would not be purchasing the
trade-in vehicle(s). Buyer further acknowledges that a breach of any of the foregoing warranties entitles Dealer to rescind this Buyer's Order
and/or to recover from Buyer any damages sustained by Dealer resulting from said breach, including attorney's fees and costs.
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
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
a "Rebuilt," "Salvage," or "Lemon Law Repurchase" vehicle; or (2) The trade-in vehicle has substantial physical damage or a latent mechanical
defect which occurred before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time the
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
defined in RCW 46.70.180(4)(b); provided, however, that such does not preclude either party from asserting any other claims or defenses available
to them.
2. PRICE CHANGES. The manufacturer has reserved the right to change the price of new motor vehicles, including the price of factory -installed
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
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
manufacturer's change in the price, Buyer may, if dissatisfied with such increased price, cancel this order. The Dealer shall retain the option
to void this order if Buyer does not agree to the adjusted price.
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
new motor vehicle at any time without notice. In the event of any such changes, neither Dealer nor manufacturer shall be obligated to make
corresponding changes in the vehicle covered by this order, either before or subsequent to the delivery of such vehicle to Buyer.
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
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
Dealer.
5. FACTORY WARRANTY. If any new or used vehicle is subject to an existing manufacturer's warranty, that warranty is made by the manufacturer
only and runs directly from the manufacturer to Buyer.
6. DENIAL OF FINANCING APPROVAL. If for any reason financing approval is not given, or this Agreement is declared void, this section
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
you fail to return the Vehicle within 24 hours of our request, you acknowledge that we may retake immediate possession of the Vehicle and
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
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
extent permitted by applicable law.
7. LIMITATION ON WARRANTIES. On used motor vehicles, Dealer makes no express warranties except as may be set forth in any written
limited warranty granted to Buyer. As to the implied warranties of merchantability and fitness, the same shall be modified, disclaimed or
excluded as provided in a separate writing furnished to Buyer by Dealer in the form of a Limited Warranty or a Disclaimer of Warranties.
The terms of such Limited Warranty or Disclaimer of Warranties shall control and thereby affect any implied warranties, and such terms
and conditions are hereby made a part of this order and are incorporated herein by reference. Further, the applicability of any existing
manufacturer's warranty on the used motor vehicle, if any, shall be determined solely by the terms of such warranty.
8. BUYER'S OBLIGATIONS. Buyer shall execute an odometer disclosure statement pertaining to Buyer's trade-in vehicle(s) as required by law.
Buyer agrees and acknowledges that any misrepresentation on said odometer statement will constitute a breach of this agreement by Buyer
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
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
with the terms and conditions of payment indicated on the front side of this order, agrees to execute a retail installment contract or security
agreement for the purchase of such vehicle. Buyer agrees that any misrepresentation on any credit application provided by Buyer with
respect hereto shall constitute a breach of this Agreement.
9. SECURITY INTEREST. Buyer hereby grants to Dealer a security interest in the subject vehicle and in all additions, accessories, and all
proceeds of insurance covering its loss, damage, or destruction, and in all service contracts and mechanical breakdown policies pertaining
thereto. The security interest created hereby secures the payment of all debt Buyer owes to Dealer pursuant to and/or arising under this order,
including but not limited to the purchase price of the subject vehicle. Seller retains this security interest provided for in this Buyer's Order
notwithstanding assignment of any retail installment contract or other fl„ancing agreement (including the separate security interest provided
for, and in addition to, that therein) to a third party.
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
by the other party, the prevailing parry in any legal action or arbitration shall be entitled to reimbursement of attorney's fees and costs
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
attorney's fees incurred by Dealer with respect to such bankruptcy proceeding, including but not limited to seeking relief from stay or seeking
reaffirmation of the debt.
11. CONTROLLING LAW/VENUE. This agreement shall be construed in accordance with the laws of the State of Washington. In any suit, action,
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
in which the Dealer's principal place of business is located.
12. DOCUMENTARY SERVICE FEE. The Documentary Service Fee is a neaotiable fee.
WSAD Services, Inc. Form #50 This Form is Property of WSAD Services, Inc. and is Not to be Reproduced or Copied. Rev. 09/11
Copyright Pmding