1. Title. Purchaser guarantees that the title for the trade-in vehicle does not and should not contain any brand or comment including, without limitation, “rebuilt”, “salvage”, “junk”, “destroyed”, “nonconforming”. “lemon”, or “flood”.
2. Odometer. Except as otherwise disclosed in writing, Purchaser represents and warrants the odometer on the trade-in vehicle has not been rolled back or otherwise tampered with and that the mileage reflected on the odometer is the actual mileage on the trade-in vehicle
3. Additional Warranties. With regard to any trade-in vehicle identified on this contract, unless otherwise specified in writing on this contract Purchaser represents and warrants that to the best of Purchaser’s knowledge:
(a) The trade-in vehicle does not contain any defects in the vehicle’s mechanical systems, body or chassis.
(b) The airbags, if any, are intact and have not been deployed, disconnected, or repaired.
(c) The trade-in vehicle has not been determined to have an uncorrected nonconformity or serious safety defect as a result of any final determination, adjudication, or settlement in Washington or any other state;
(d) The trade-in vehicle’s emissions control equipment is intact, standard to the vehicle, and no part of the emissions system has been removed or altered.
(e) The trade-in vehicle has never sustained flood or water damage.
4. Renegotiation of Trade-in Amount. The dollar amount specified as the trade-in allowance (net or otherwise) may be renegotiated and adjusted by Dealer if:
(a) Purchaser fails to disclose that the certificate of title/ownership for the trade-in vehicle has been branded for any reason;
(b) the trade-in vehicle has substantial physical damage or latent mechanical, body, or chassis defect which occurred before the Dealer took possession of the vehicle and which was not reasonably discovered at the time the trade-vehicle allowance offer and contract was made; or
(c) there are excessive additional miles on the trade-in vehicle or a discrepancy in the mileage as defined in RCW 46.70.180 (4)(b) as amended. If the trade-in allowance is adjusted or the actual amount of any payoff or lien balance exceeds the amount indicated on the reverse side as trade-in payoff, Purchaser agrees that such excess may be added to the total cash price of the vehicle and paid at the option of Dealer, to the Dealer immediately upon request, or added to the amount financed.
5. Typographical Errors. Any mathematical or typographical errors are subject to correction by the Dealer.
6. Dealer’s Remedies. This purchase order constitutes a legally binding and specifically enforceable contract between the parties. In the event of a default by the Purchaser including, without limitation. any dishonor of a check or any other failure to make payment or otherwise comply with the terms and conditions of this contract, Dealer may bring an action requiring Purchaser to specifically perform this contract or Dealer may elect, if the vehicle is voluntarily or involuntarily possessed, to forfeit and retain as liquidated damages the entire amount of Purchaser’s deposit or down payment, or Dealer may seek monetary damages from Purchaser.
7. Attorney’s Fees and Costs. If this contract is placed in the hands of an attorney by reason of Purchaser’s default or to enforce any of the provisions of this contract, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. The parties agree that the venue for any suit, action, or proceeding relating to the enforcement of this contract shall be in the county in which the Dealer’s principal place of business is located within the State of Washington. The laws of the State of Washington shall be applied in the interpretation and construction of this Agreement.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO CREDIT SALES
8. Financial Approval. Unless accepted by the Dealer, if Purchaser does not quality for financing for any reason or if the applicable financial institution refuses to accept assignment of this transaction, then this contract shall be null and void and any and all funds and any and all trade-ins shall be returned to Purchaser, subject, however, to adjustment as follows:
(a) if Purchaser has taken possession of the vehicle, Purchaser shall immediately return such vehicle to Dealer and Purchaser shall be liable to Dealer for all damage, excessive wear, and/or excessive mileage on such vehicle while in the possession of Purchaser. At the option of Dealer, any sums deposited by purchaser with Dealer may be applied to the extent necessary to compensate Dealer and/or to pay the costs of repairs for any damage, excessive use, or excessive mileage on such vehicle.
9. Security Agreement. Purchaser grants to Dealer a security interest in the vehicle being purchased by Purchaser and agrees that Dealer or assigns shall be placed on the certificate of title as lienholder or legal owner.
10. Purchaser’s Default. If Purchaser defaults in any way, the entire balance owing on this Purchase Order shall immediately become due and payable without notice or demand. In addition to the other remedies set forth in this agreement and allowed by law, Dealer may sue for the entire balance and costs or Dealer may repossess the vehicle and assert all rights under the Uniform Commercial Code as adopted by the State of Washington. Upon default, Purchaser shall deliver the vehicle to Dealer or Dealer may enter upon any premises to take possession of the vehicle. Purchaser waives all claims for damages connected with the taking of such possession by Dealer. Default by Purchaser includes, without limitation, Purchaser’s failure to do anyone or more of the following:
(a) Failure to make payment when due;
(b) Failure to maintain insurance on the vehicle as required in the applicable financing contract;
(c) Making any misrepresentations on any financial statement or credit application given to Dealer;
(d) Making any misrepresentations as to Purchaser’s trade-in vehicle;
(e) Default shall also occur if the vehicle is lost, stolen, substantially damaged, sold, rented, disposed of in any manner, or becomes further encumbered.
11. Risk of Loss/Damage. Purchaser must fulfill all of the obligations under this contract, including payment regardless of any loss, damage or destruction of the vehicle.
12. Insurance. Purchaser agrees to keep the vehicle continually insured against loss by reason of fire, theft, collision or other casualty in accordance with the financing or installment contract applicable to this Agreement. Purchaser agrees to provide such insurance coverage naming Dealer or Dealer’s assignee as an insured. In the event of an insured loss, Dealer may collect all insurance proceeds and use the same to restore or repair the vehicle or may apply the proceeds to the balance owing on this contract.
13. Assignment. Dealer may assign or sell this contract and upon written notice, Purchaser shall pay the assignee.