The parties to this Purchase Agreement (the “Agreement”) covenant to be bound by the terms set forth below and agree that all purchases are subject to the terms set forth herein.
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In consideration for receiving credit toward the purchase of parts and other goods (the “Goods”), the undersigned Purchaser agrees to pay in full all amounts due to Young Automotive Group, LLC at 613 W. 500 N. Layton Utah 84041 and/or any dealership affiliated with Young Automotive Group, LLC (hereinafter collectively referred to as the “Seller”). Payment in full shall be made on or before the 10th day of the month for all purchases made in the previous calendar month.
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The undersigned Purchaser agrees to pay interest of 1½ % per month, starting on the date of purchase, on all amounts which are not paid by the 10th day of the month following the calendar month in which the purchase was made.
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Purchaser hereby grants to Seller a security interest in all Goods sold under this Agreement from the time of purchase until payment has been made for those Goods. Purchaser may, at its option, take steps to perfect its security interest, including, but not limited to, taking possession of the Goods or filing a UCC-1 financing statement with the appropriate government office.
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If a third-party debt collection agency or licensed attorney is used to collect Purchaser’s debt owed to the Seller, Purchaser agrees to pay a collection fee of the lesser of (1) the actual amount the Seller is required to pay a third-party debt collection agency or licensed attorney, regardless of whether that amount is a specific dollar amount or a percentage of the principal amount owed to the creditor for a debt or (2) or 40% of the principal amount owed to the Seller.
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Purchaser agrees if any suit or action is instituted under or in relation to this contract, the prevailing party shall be awarded reasonable attorneys’ fees, court costs, and litigation expenses.
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The only product warranties are those provided by the manufacturer. Seller disclaims all product warranties, including any implied warranties of merchantability or fitness for a particular purpose. Seller does not authorize any other person or entity to assume for Seller any liability in connection with the sale of any part(s). Purchaser shall not be entitled to recover from Seller any consequential damages, damages to property, damages for loss of use, loss of time, loss of profit or income or any incidental damages.
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This agreement shall not be assignable by either party without the prior written consent of the other party, which approval shall not be unreasonably withheld.
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If any provision of this Agreement or the application thereof to any person, entity, or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of such provision to any other person, entity, or circumstance shall be affected thereby, but rather shall be enforced to the greatest extent possible.
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Jurisdiction and Venue shall exist only in the Second District Court, Davis County, Farmington Department, State of Utah, for state court lawsuits, or if a lawsuit is brought in federal court the U.S. District Court of Utah, Salt Lake City Department. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
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This Agreement sets forth the entire Agreement of the Parties. No provision of this Agreement may be amended, or any right here to waived except by a written agreement executed by all parties.
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This Agreement is binding upon the Parties, their heirs, executors, administrators, successors, and properly authorized assigns, and will inure to the benefit of the Parties, their heirs, executors, administrators, successors, and properly authorized assigns.
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Each Party to this Agreement hereby represents and warrants to all parties that he or she has been duly authorized to execute this Agreement on behalf of the party for whom he or she signs and to bind the party for which he or she signs.
AUTHORIZATION TO PULL CREDIT: The undersigned applicant and personal guarantors authorize Young Automotive Group to obtain business and/or consumer credit reports in connection with this application and any updates, renewals, modifications, or extensions of credit. Young Automotive Group may verify the information provided, including employment, pay, assets, and debts. If a credit report is requested, the applicant will be informed of the name and address of the reporting agency. By signing below, the applicant certifies that they have read and agree to these terms. A credit account will not be extended without acceptance.