Conditional Sale Contract Terms - P & R WESTERN STAR TRUCKS

THIS ORDER is given and accepted subject to all the terms and conditions printed below, and is not binding on the Vendor until accepted by one of its officers. Purchaser acknowledges having received a true copy of this agreement at time of signing. I hereby authorize the Vendor to obtain such credit information, personal information and financial information concerning me as it deems necessary and I consent to it making enquiries of others.

The word "Company" wherever used mean P & R WESTERN STAR TRUCKS and the expressions "new vehicle" and/or "company vehicle" and/or "used vehicle" and/or "motor vehicle" shall mean the motor vehicle ordered by the Purchaser.

The deposit made by the Purchaser shall be forfeited to the Company as liquidated damages in the event of delivery not being taken as provided for in the said order.

The purchaser resumes the risk and/or liability for damage of any kind whatsoever arising while the Purchaser or nominee is being instructed by the Company's representative in the operation of the motor vehicle or any other motor vehicle.

The motor vehicle is purchased and subject to all terms and conditions of the Company's regular form of Conditional Sale Contract which the Purchaser agrees to sign and deliver to the Company upon delivery of the motor vehicle; PROVIDED that if the Purchaser shall take delivery of the motor vehicle and shall fail to sign and deliver a Conditional Sale Contract as provided, the motor vehicle shall remain in the absolute property of the Company and the Purchaser shall be deemed to have taken delivery of the motor vehicle subject to all the terms and conditions of the Company's regular form of Conditional Sale Contract which shall be binding upon the Purchaser and as of full force and effect for all purposes as if signed by the Purchaser, and the Purchaser shall be deemed to be in default and the Company may at any time after such delivery repossess the motor vehicle and proceed to exercise all powers exercisable by it under the terms of the Conditional Sale Contract in the event of default by the Purchaser.

It is understood that the said orders and these terms and conditions together with such Conditional Sale Contract (the terms of which shall prevail where in conflict with this order or these terms and conditions) contain the full agreement in reference to the sale and purchase of the motor vehicle; that there are no representations and warranties implied or expressed or agreement of any kind whatever other than therein specified and that the Purchaser has purchased the motor vehicle on the strength of his own investigation and enquiries with regard thereto.

The said order is accepted by the Company subject to fires, strikes, lockouts, delays in transportation or other causes whatsoever beyond the Company's control preventing delivery of the motor vehicle, in which event the Company shall be relieved from obligation to deliver.

Acceptance by the Company shall not be valid unless signed by an officer of the Company and is subject to the New Vehicle Warranty, which is printed in the New Vehicle Warranty and Owner Protection Plan booklet, supplied to the Purchaser of each new motor vehicle. The printed New Vehicle Warranty is expressly in lieu of any other warranties, expressed or implied, including any implied warranty of Merchantability of Fitness For A Particular Purpose, and of any other obligation or liability on the part of the Company, and the Company neither assumes nor authorizes any other person to assume for it any other liability in connection with such vehicle.

This agreement contains all the terms and conditions pertaining to the sale of said motor vehicle, and no representations or statements verbal or otherwise not set forth in this agreement shall have any force or effect whatsoever.

NO warranty herein shall extend to and no discount will be allowed for tires, glass or normal maintenance services (including, but not limited to, engine tune up, fuel system cleaning, wheel, brake and clutch adjustments, lubrication, oil changes and car washing & polishing) or the replacement of service items (including but not limited to spark plugs, ignition points, filters and brake and clutch lining) made in connection with such maintenance services, or for any repairs or replacements made necessary by negligence, misuse, accident or fire. No discounts whatsoever will be allowed unless the Purchaser on the completion of repairs makes full payment in cash. No discounts will be allowed unless the used vehicle warranty supplied by the Dealer to the Purchaser is presented to the Dealer at the time the repairs are requested and completed. No warranty is transferable. No warranty is valid unless signed by the Dealer or its authorized representative. No part or accessory shall be deemed to be defective unless considered to be so in the opinion of the Dealer. The Dealer except will allow no discounts whatsoever on the terms and conditions herein stated, and only on parts, accessories and labour supplied by the Dealer. Nothing herein shall impose any duty or responsibility on the Dealer to supply parts or accessories, which are not available. The word Dealer wherever used means P & R WESTERN STAR TRUCKS and the expressions "new vehicle" and/or "used vehicle" and/or "vehicle" shall mean the motor vehicle ordered by the Purchaser.