|
When a bus is purchased the buyer adheres
to the following terms and conditions among others presented
in the Purchase Agreement, which is presented after a deposit
is received.
Earnest Money: Buyer is to provide a 50% (fifty
percent) nonrefundable deposit prior to delivery of the vehicle
and should be received by the Provider via company check,
cashiers check or a wire transfer, unless other arrangements
are expressed in writing by the Purchaser and presented to
the Buyer.
Final Payment Term: Remaining 50% balance is to be
received by Provider upon delivery of the Vehicle. The remaining
balance can be paid via cashiers check or a wire transfer,
unless other arrangements are expressed in writing by the
Purchaser and presented to the Buyer.
Warranties: The Vehicle is sold 'as is' and the Provider
expressly disclaims all warranties, whether expressed or implied,
including but not limited to, any implied warranty of functionality,
usage or fitness for a particular purpose. The Provider does
not assume, nor authorize any other person to assume on the
behalf of the Provider, any liability in connection with the
sale of the Vehicle. Furthermore, the Provider disclaims any
warranty as to the condition of the Vehicle. The Provider
will make its best efforts to provide a quality Vehicle previously
inspected and recommended by Provider's affiliates.
Title: The title of the Vehicle shall remain with
the Provider until the Delivery Date and actual receipt of
the Vehicle by the Buyer or, in the alternative; the Provider
will deliver the documents of title or Bill of Sale of the
Vehicle, bearing any necessary endorsement, to the Buyer no
later than the Delivery Date.
Governing Law. This Agreement will be construed in
compliance with the laws of the State of California, without
regard to its internal conflict of laws. Any legal action,
suit, or proceeding with respect to this Agreement will be
brought exclusively in a federal court or state court within
Los Angeles County, California.
Limitation of Liability: THE PROVIDER SHALL NOT BE
LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF
THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER
PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS
ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE
OR THE PROVIDER AND THE BUYER HAD BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT THE PROVIDER
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY
FOR AN AMOUNT GREATER THAN THE VEHICLE PURCHASE.
Indemnification by Buyer. In addition to any other
rights the Provider may have at law or in equity, the Buyer
will indemnify, defend and hold harmless the Provider, and
its subsidiaries, and their respective successors and assignees,
and each of their respective officers, directors, agents,
representatives and employees (each a "Provider Indemnitee")
from and against all liabilities, fines, levies, losses, penalties,
damages, assessments, costs and expenses, including, without
limitation, reasonable fees and expenses of attorneys, accountants
and other professionals (after giving effect to any insurance
proceeds actually received by an Provider Indemnitee) actually
sustained or incurred by any Provider Indemnitee, in connection
with, resultant from or arising out of (a) any inaccuracy
in or breach of any representation made by Buyer to Provider
herein; (b) any breach by the Buyer, or failure by the Buyer
to comply with, any of the covenants or obligations under
this Agreement, and (c) the negligence, gross negligence,
intentional conduct, acts or omissions of the Buyer and its
employees in the performance of this Agreement.
|