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Home My WebLink About0200 • ~ J ~,a' ~ ~ Sears . se:?KS, soEeccc ~:~-u ao. WESTIAND MALL 1625 WEST 49TH STREET HIALEAH, FLORIDA 33012 ~ TER~IS AND CONDITIONS , . 1. The ptesent Federal Excise Tax (if applicable) is included in the prices shown in this contract. Any increase in such tax, and the amount of any other present or future sales, use, revenue or other tax applicabte to the merchandise covered by this contract, or to the manufacture or sale thereof, shatl be added to the purchase price and paid by the Purchaser. 2. Purchaser shall gi~e Sears written shipping instructions covering the delivery of inerchandise purchased hereundec at least twenty (ZO) days prior to the delivecy dates cequested by Purcbaser. In the event of sbortages arising out o~ cOpditions beyond its coctrol, Sears resenes the right to allocate its available merchandise among its customeis upon such basis as 3ears in the exetcise of its busiaess judg~nent shall determine is most equitable. ~3. Sears shali arrange for "tail-gate" delivery of ~merchaadise to site, and shall not be obligated to either unload, uncrate or install, attach. hook. up, or aftix tlae merch~adi~e to the p[emises, iinless sueh service is~pro- vided fdr in'tfie cbntra~t. " t ° ~ • . • - ~ c ~ t • ~ _ - 4. Title to 9erchandise and ris{c foc loss of, or damage io, merchandise shall pass to Purchaser upon de- livety of inerchandise by Sear's; or its agent, to Purchaser, or its agent. ' S. Purchaser represents to Seazs that Purchaser does not intend to resell the merchandise covered by this contract except as part of the o~•er-all sale of a dwelling unit and does not iatend to reseil it to a consumer as a separate item. The Purchaser agrees. that if cat~trary to the foregoing representations, the Purchaser reselis any of the merchandise to a consumer as a~eparate item and as new merchandise, Sears may, at its option, terminate forthwith its obligation to deli~~er and sell to Purchaser any merchandise ordered hereunder which Sears has not ~I yet delivered to Purchaser. - i ~ 6. lf Purchaser intends to resell the merchandise covered b} this contract as part of the o~•er-all sale of a ~ dwelling unit, merchandise sold by Sears hereunder shall be covered by the Sears guarantee for the particular mer- ; chandise in effect on the datg ;h~ merchaadise, is de~livered by Sears to purchaser. Said guarantee shall be trans- ~ ferred by purchaser to the purchaser of the dwelling unit in which the merchandise is installed. The guarantee period shall commence on the date t~e merchandise is delivered by Sears to the purchaser. If the purchaser does not intend to reseli the merChandise covered by this contract as part of the over-all sale of a dwelling unit, there shall be no guarantees other than as explicitly pro~?ded for oe the face of this contract. No ora'1, statiitory or im- plied warranties other than of title shail appiy to merchandise sold by Sears to pnrchaser and 5ears obligatioa t~ the purchaser in respect to said merchandise shall be lunited to Sears aforemeatiaaed guarantees. Purchaser- shall report to Seacs in writing, within five days after delivery of inerchandise by Sears, any deEects therein, or damage thereto, that are not covered b~~ the aforementioned guarantees and in the absence of such written notice it shall be exclusively presumed there are none. 7. Neither party shall be liable for any failure, inability or delay to pedotm hereunder, if such failure, inability or delay be due to war, strike, fire~ explosion or sabotage, accidents, casualty, govemment law, order or regulation or any cause beyond the reasonable control of the party so failing, but due diligence shall be used in curing such cause and in resuming perforatiance. IE Sears pedormance shall be prevented, delayed or materially impaired by any such cause for ninety (90) days or more, Sears may at any time thereafter elect to terminate this contract. 8. If there is any change in the financial condition.of Purchaser, which in the opinion of Sears impairs Pur- chaser's ability to pay for merchandise delivered hereunder in accordance with the terms hereof, Sears shali notify ~ Purchaser in writing that theceafter it will delay delivery of any merchandise purchased hereunder, until Purchaser and Sears have agreed upon new terms of payment covering the undelivered portion of this conUact. If within 15 da}~s after said notice, Sears and Purchaser have not negotiated mutually acceptable terms of payment, Sears '~i may at its option cancel this contract by giving Purchaser written notice of such cancellation, whereupon this ~ contract shall immediately cease and 2ecminate. ~ 9. The exercise of any tight or remedy 6erein provided shall be without prejudice to the right to exercise ~ any other rig~t or remedy provided herein or by law. Except as may be othe~wise provided in this contract, it is ~ understood and agreed thai thi~contract seis forth the entire agreement between Sears and Purchaser with respect ~ to the sale and purchase of inerchandise desccibed herein. This contract may hereafter be amended or modified only by a written instcument s~gned by the duly authorized representatives of both parties hereto. fitfC d ST. ll.~l~ :OuMTY f1A~. ~o~ R(ivz? ruiTRA$ CLE~K C(;=:illt COUItT oFr~~ _ ~ ~ L~« r~ ' ""r~`~ , ~ "s~r~m ~1 / r~bf a~ 1.~7 ~t- 1 jj 31 ~ ~7~ ~ - zsa3s3 ~ . ~ - r+~ • . . _ - w~ M ~~~".~~~~'.'.~"..~~`r~~3<. , _ . ...._..~e ~ ~.,.~.rr . _.._.a~._ - _.n,..~_...~ , ,...._-~..._.r~~._~_.....= ti~rt~"`.~r_-_.: _ , ~ ~~xa-~T°