CUSTOMARY TERMS AND CONDITIONS OF ORDERS PLACED WITH NATIONAL FLEET PROCUREMENT SERVICE, LLC:
(1) DEFINITION OF TERMS: As used in this Order the terms (a) “Dealer” shall mean the authorized dealer to whom this Order is addressed and who shall become a party hereto by its acceptance hereof, (b) “Purchaser” shall mean the party executing this Order as such on the face hereof, and (c) “Manufacturer” shall mean the Corporation that manufactured the vehicle or chassis, it being understood by Purchaser and Dealer that Dealer is in no respect the agent of Manufacturer, that Dealer, Dealer’s Representative and Purchaser are the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Dealer and Manufacturer with respect to new motor vehicles.
(2) PRICE REVISION: In the event the price to Dealer of the motor vehicle ordered by Purchaser is changed by the manufacturer prior to delivery to purchaser, Dealer has the right to accordingly change the cash delivered price to Purchaser, provided that if Purchaser does not agree with such price change Purchaser may cancel this Order. If a used vehicle has been traded in as a part of the consideration for the vehicle purchased by Purchaser, such traded-in vehicle shall be returned to Purchaser upon payment of a reasonable charge for storage and repairs (if any) or, if such traded-in vehicle has been previously sold by Dealer the amount received therefore less a selling commission of 15% and any expense (for storing, insuring, conditioning or advertising such vehicle for sale) shall be returned to Purchaser.
(3) REAPPRAISAL OF TRADED-IN VEHICLE: If a vehicle has been traded in as a part of the consideration for the vehicle ordered by Purchaser and such vehicle is not delivered to Dealer until delivery to Purchaser of the vehicle purchased by Purchaser, such traded-in vehicle shall be reappraised at that time and such reappraised value shall determine the allowance made for such vehicle. If such reappraised value is lower than the original allowance therefore shown on the face of this Order, Purchaser may, if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to delivery of the vehicle ordered hereunder to the Purchaser and surrender of the traded-in vehicle to Dealer .
(4) FAILURE OR REFUSAL TO ACCEPT DELIVERY: Unless this Order shall have been cancelled by Purchaser under and in accordance with the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure or refusal of Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Order, to retain as liquidated damages any deposit made by Purchaser, and, in the event a used motor vehicle has been traded in as a part of the consideration for the motor vehicle ordered hereunder, to sell such used motor vehicle and reimburse himself out of the proceeds of such sale for the expenses specified in paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer as a result of such failure or refusal by Purchaser.
(5) CHANGES BY MANUFACTURER OF THE SERIES AND BODY TYPE: In the event of a change by, manufacturer in design, chassis, accessories or parts thereof of the series and body type ordered by Purchaser, Dealer shall have no obligation to Purchaser to make the same or any similar change in any vehicle, chassis, accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Purchaser.
(6) PURCHASER’S WARRANTY OF TITLE: Purchaser agrees to deliver to Dealer satisfactory evidence of title to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered herein at the time of delivery of such used motor vehicle to Dealer. Purchaser warrants any such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein.
(7) FAILURE OR DELAY OF DELIVERY: Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such failure or delay is due, in whole or in part, to any cause beyond the control or without the fault or negligence of Dealer.