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Home My WebLink About1998 F~~Ea AK;? RECO~o~o ~ , ST. tUG~E :.~~NTY FlA• - ROG~n • G;T~AS CIE~K LtL: U?S COUR? ~^,R:VC~~r~~~ qF~. , ~ ~p 1~ 32 PN'1~1 . . . TERMS AND CONDtTIONS , , 1. The present Federal Excise Tax (if applicable) is included in the prices shown in this contract. Any ~ increase in such tax, and the amount of aay other present or future sales, use, revenue or other tax applicable to the merchandise covered by this contract, or to the manufacture o~ sale thereo[, shall be added to the pur~hase price and paid by the Purchaser. 2. Purchaser shall give Sears written shipping instructions coveriag the delivery of inerchs~ndise purchased • hercunder at least twe~nty (20) days prior to the deiivery dates requested by Purchaser. In the event of shortages arising out of conditioos beyond its control, Sears reserves •the rig}?t to allocate its available merchandise among - its customers upon such basis as Sears in the exercise of its busiaess judgp~ent shall detenniqe is most equitable. 3. Sears shall arrange for '•tail-gate" delivery of inerchandise to site and shall not be obligeted to either • unload, uncrate or install, attach, hook up, or affix the merchandise to the premises. unless suoh service is,pro- vided for in the contract. . 4. Title to merchandise and risk for loss of, or damage to, merchandise shall pass to Purchasevupon de- livety of inerchandise by Sears, or its ageat, to Purchaser. or its ageat. S. Purchaser represents to Sears that Purchaser does not intend to resell the merchandise co~~ered by this contract except as part of the over-al! sale of a dwelling unit and does~not intend to reselt it to a consumer as a separate item. The Purchaser agrees t6at if contrary to the foregoing representations, the Purchaser resells any of the merchandise to a consumer as a separate item and as new merchandise, Sears may, at its option, terminate . forthwith its obligation 'to deliver and setl to Purchaser any merchandise ordered hereunder which Sears has not 'yet delivered to Purchaser. ' 6. If Purchaser intends to resell the merchandise covered by this contract as ~ad of the over•all sale of a dwelling unit, merchandise sold by Sea~s hereunder shall be covered by the Sears guarantee for the particular mer- chandise in efFect on the date the merchand'ase is delivered by Sears to purchaser. Said guarantee shall be trans- feried by purchaser to the purchaser of the dwelling unit in which the merchandise is instalted. The gaaraniee period shall commence on the date the merchandise is delivered by Sears to the purchaser. If the purchaser does not intend to resell the merchandise covered by this coatract as pad of the over-all sale ot a dwelling unit, there shall be no guarantees other than as explicitly provided Eor on the face of this contract. No oral, statutory or im- plied warranties other than of [itle shall apply fo merchandise sold by Sears to purchaser and Sears obtigation to ' the purchaser in respect to said mercha~dise shall be limited to Sears aforementioned guarantees. Purchaser shatl ~ report to Sears in writing, within five days after delivery~ of inerchandise by Sears, any defec:ts therein, or damage ~ thereto, that are not covered by the aforementioned guarantees and in the absence of such written notice it shall be E exclusively presumed there are none. t 7. Neither party shall be liable for any failurc, inability or delay to perform hereunder, if such failure, ~ inability or delay be due to war, strike, fire, explosion or sabotage, accidents, casualty, go~ernment law, order ~ or regulation or any cause beyond the reasonable co»trol of the party so failing, but due diligence shalt be used i in curing such cause and in resuming performan~e. If Sears performance shall be prevented, delayed or materially 5 impaired by a~ty such cause for ninety (90) days or more, Sears may at any time thereafter elect to terminate this ~ q contract. - 3 8. If there is any change in the financial condition.of Purchaser, which in the opinian of Sears impairs Pur- chaser's abitity to pay for merchandise delivered hereunder in accordance with the terms hereof, Sears shall notify ' Purchaser in writing that thereafter it will delay delivery of any merchandise purchased heteunder, until Purchaser e ; and Sears have agreed upon new terms of payment covering the undelivered portion of this contract. If witi~in ~ 15 da}•s after said notice, Sears and Purchaser have not negotiated mutuatly acceptable terms of payment, Sears = may at its option cancel this contract by giving Purchaser writt~n notice of such cancellation, whereupon this ; contract shall immediately cease and terminate. ; 9. The exercise of any right or remedy herein provided shalt be without prejudice to the right to exercise ` ; any other right or remedy provided herein or by law. Except as may be otherwise provided in this contract, it is understood and agreed that this contract sets forth the entire agreement between Sears and Purclraser with respect - to the sale and purchase of inerchandise descrihed herein. This contrac! may hereafter be amended or modified : only by a written instrument signed by the duly authorized representatives of both parties hereto. i ~ F«.fo n?:~~ aROEO ~~~s ~0 NTY FIA. ~ S L~'F ',StT COUEtt R . , " " ,~,,,~„r.~ ' RF~~ E;, y~ i: ~ ~H'1~ ~ ~p 12 i = - Eo~~ 222 ~~fi998 ~ _ ~ ~k._-~._ ~ ~