The Purchaser, who is 18 years of age or older, hereby agrees to purchase from ___DriveEasy_____ (hereinafter referred to as “Seller”), subject to all
terms, conditions and agreements contained herein, the motor vehicle described on page one of this agreement. Provided however that, Purchaser and Seller
have executed an installment sale contract which contains additional terms of the sale between Purchaser and Seller which shall remain in full force and effect.
Page one and page two of this agreement, together with any installment sale contract, shall constitute the entire agreement between the parties pertaining to
the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. This
agreement cannot be modified except by a written instrument executed by the parties. Purchaser acknowledges that Purchaser is not relying on any
representation that is not contained in this Agreement.
In the event that this agreement is for the purchase of a used motor vehicle which is sold “As Is”, PURCHASER SHALL NOT BE ENTITLED TO RECOVER
FROM THE SELLER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR
INCOME OR ANY OTHER INCIDENTAL DAMAGES WHATSOEVER.
Purchaser certifies that he or she has read, understood and agreed to all the terms and conditions on page one and page two of this agreement.
If Purchaser is buying the motor vehicle for cash (this includes a Purchaser arranging his own financing), Purchaser agrees to pay the Balance Due under this
agreement on or before the delivery date. If Purchaser is buying the motor vehicle in a credit sale transaction with Seller, which is evidenced by an
executed installment sale contract, and the Seller intends to sell this installment sale contract to a third party finance source, this agreement will not remain
binding if a third party finance source does not agree to purchase the installment sale contract based on this agreement.
If for any reason, Seller and Purchaser do not complete the motor vehicle sale and purchase, or a third party finance source does not agree to purchase the
installment sale contract, Purchaser agrees to return the motor vehicle to Seller within 24 hours of notice or demand by Seller and agrees to pay Seller on
demand all reasonable charges and expenses for any damage to the motor vehicle. If Purchaser fails to return motor vehicle within 24 hours of notice or
demand, Purchaser agrees that Seller may, in its sole discretion, cancel the sale and retake immediate possession of the motor vehicle. In such event,
Purchaser agrees to pay Seller all reasonable expenses incurred in connection with retaking the motor vehicle to the extent permitted by applicable law.
Purchaser acknowledges that the vehicle purchased hereunder has a “Buyer’s Guide” label affixed thereto.
Purchaser agrees to deliver to Seller the certificate of title to any used motor vehicle traded in as part of the consideration for the motor vehicle purchased or
to be purchased hereunder, at the time of delivery of such motor vehicle to Seller. Purchaser warrants that he has good and marketable title to the
used motor vehicle traded in, and further, that such used motor vehicle is free and clear of all liens and encumbrances except as otherwise noted herein. In the
event that Purchaser’s trade-in vehicle is subject to an outstanding lien, Purchaser represents and warrants that the payoff quoted herein is accurate. If there is
any difference between the actual lien payoff on the vehicle traded in and the lien balance as stated herein, Purchaser shall be solely responsible for any
additional amounts owing to the lienholder. Purchaser agrees to indemnify and hold Seller harmless from any excess amounts paid to the lienholder to
secure title to the trade-in vehicle, over and above the balance as stated herein, including, without limitation, all costs incurred by Seller in enforcing its
rights hereunder.
If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle purchased hereunder is not to be delivered to Seller
immediately, Seller shall be entitled to re-appraise the trade-in vehicle at the time of delivery in order to determine the trade-in allowance. If such re-appraised
value is lower than the original allowance shown therefor on page one of this agreement, Purchaser may, if dissatisfied therewith, cancel this agreement with
full refund of any Deposit or Partial Payment, provided however, that such right to cancel must be exercised prior to delivery of the motor vehicle purchased
hereunder and prior to the surrender to Seller of the used motor vehicle being traded in.
If this agreement is not consummated for any reason and Purchaser’s trade-in vehicle is sold by the Seller, Seller’s maximum liability to Purchaser shall be
for the proceeds of said sale less reasonable expenses incurred by the Seller in storing, insuring, repairing and selling said trade-in vehicle.
Unless this agreement shall have been canceled by Purchaser in accordance with the provisions of paragraphs 9, 12 or 13 herein, and to the extent not
prohibited by law, Seller shall be permitted to retain an amount equal to any actual damages Seller incurs due to Purchaser’s default. Seller may keep any
portion of the amount Purchaser has paid to Seller as a Deposit or Partial payment to offset against the amount Purchaser owes Seller. If the actual amount
Purchaser owes to Seller is greater than the amount of the Deposit or Partial Payment, Purchaser agrees to pay the difference to Seller. If the actual amount
Purchaser owes is less than the amount of the Deposit or Partial Payment, Seller will pay the difference to Purchaser. In the event a used motor vehicle has
been traded in as part of the consideration for the motor vehicle purchased hereunder, Seller should be entitled to sell such used motor vehicle and reimburse
himself out of the proceeds of such sale for the expenses incurred thereby and for such other expenses and losses as Seller may incur or suffer as a result
of such failure or refusal by Purchaser.
If cash delivered price is increased by Seller, Purchaser may, if dissatisfied therewith, cancel this agreement with full refund of any Deposit or Partial Payment,
provided that the cancellation occurs prior to Purchaser taking delivery of the motor vehicle. If a used motor vehicle has been traded in as part of the
consideration for such motor vehicle, such trade-in vehicle shall be returned to Purchaser upon payment of a reasonable charge for storage and repairs (if
any) or, if such trade-in vehicle has been previously sold by Seller, the amount received therefor, less reasonable expenses incurred by Seller in storing,
insuring, repairing and selling said trade-in vehicle.
Seller shall not be liable for any delay or failure to deliver the motor vehicle subject to this agreement, where such delay or failure is due, in whole or in part, to
any cause beyond the control or without the fault or negligence of Seller. This Agreement may be renegotiated or canceled with full refund of any Deposit or
Partial Payment if the motor vehicle is not delivered to Purchaser as specified on page one of this agreement.
In the event that this agreement is for the purchase of a used motor vehicle which is sold “As Is”, Purchaser shall bear the entire risk and expense of repairing
or correcting any defects that presently exist or which may hereafter occur.
This agreement includes sales taxes but does not include use taxes or occupational taxes, whether federal, state or local, unless expressly stated herein.
Purchaser assumes and agrees to pay, unless prohibited by law, any taxes imposed on or applicable to this agreement, regardless of which party may have
primary tax liability therefor.
The Purchaser shall execute such other forms of agreement or documents as may be reasonably required to complete this agreement. Purchaser shall have
a continuing duty to cooperate with Seller and execute any such forms, agreements or documents as may be required to complete this agreement.
This agreement shall be interpreted, construed, and enforced according to the laws of the State of Ohio.
If any one or more of the provisions of this agreement shall be held invalid, illegal, or unenforceable in any respect, such provision shall not affect any other
provision hereof, and this agreement shall be construed as if such provision had never been contained herein.
If Purchaser pays Seller with a check or other negotiable instrument, and it is dishonored or unpaid for any reason, Seller may, in its sole discretion, declare
this agreement null and void and retake the motor vehicle, or make claims against Purchaser on the check. In addition, to the extent permitted by law,
Seller may charge a returned check charge.
In the event that any of the terms and conditions of this agreement are inconsistent with the terms and conditions of any installment sale contract between
Purchaser and Seller, the terms of the installment sale contract shall apply
