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TERMS AND CONDITIONS OF SALE
<br />DELIVERY: Sawgrass Ford, hereinafter referred to as Dealer, shall have the right upon failure or refusal of customer, hereinafter
<br />referred to as Buyer, to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Buyer's Order
<br />to retain as liquidated damages any cash deposit made by buyer.
<br />2. TRADE-IN: If a used car trade-in is part of the consideration to be paid by Buyer for the vehicle ordered hereunder, then in
<br />that event, Buyer agrees to deliver to dealer satisfactory evidence of title to any such car at the time of delivery of such used
<br />motor vehicle to Dealer. Buyer warrants any such used motor vehicle to be his or her property free and clear of all liens and
<br />encumbrances except as otherwise noted on the face of this Buyer's Order. Buyer further acknowledges that his or her trade-
<br />in vehicle will be in the same condition as when first appraised by Dealer at the time such used motor vehicle is delivered to
<br />Dealer, ordinary wear and tear excepted. Should the trade-in vehicle be damaged between the date of appraisal and the date of
<br />delivery, such trade-in vehicle shall be subject to reappraisal. Buyer assumes responsibility for any difference in payoff in excess
<br />of amount shown on the face of this Buyer's Order and will pay such difference in cash on demand.
<br />3. ARBITRATION AGREEMENT: Any controversy or claim arising out of or relating to this Agreement and any controversy
<br />or claim of any nature whatsoever arising out of or related to the transaction described on the face of this Buyer's Order,
<br />including purchase, lease, service or any resulting transaction and any claim arising from Buyer/Dealer dealings or regarding
<br />the interpretation, scope, or validity of this Agreement or arbitrability of any issue shall be settled by arbitration under the laws
<br />of the State of Florida (the Florida statutes of limitations are hereby made applicable to all such claims and controversies) in
<br />accordance with the rules then in force of the American Arbitration Association and any award rendered at the conclusion of said
<br />Arbitration may be enforced in any Court having jurisdiction thereof. THIS ARBITRATION AGREEMENT shall include any and all
<br />claims or controversies arising out of or related to the automobile referred to on the face of this Buyer's Order including a claim
<br />for punitive damages, violation of the Truth -In -Lending Act, rescission or revocation of acceptance, fraud, unfair trade practices,
<br />civil theft or any other claim of any nature whatsoever. There shall be no right or authority for any claim or controversy arising
<br />out of or related to this Agreement or arising out of or related to the transaction referred to on the face of this Buyer's Order to be
<br />arbitrated on a class action basis.
<br />4. VENUE, JURYTRIAL WAIVER AND PUNITIVE DAMAGE WAIVER: The parties agree that the venue (location) of any litigation
<br />or arbitration proceeding which maybe filed by any party to this Agreement shall be in Broward County, Florida and in connection
<br />with any such action, both the buyer and the dealer agree and do by this Agreement waive their right to trial by jury. Both
<br />parties to this Agreement hereby waive their right to punitive damages in connection with any controversy or claim of any nature
<br />{ whatsoever arising out of the purchase by Buyer of the unit described on the face of this Buyer's Order, or any other matter
<br />related to or arising out of this Agreement.
<br />5. DEALER WARRANTY DISCLAIMER: The motor vehicle described on the reverse side of this Buyer's Order is being sold
<br />'As W' and with all faults. The only warranties applying to this vehicle are those offered by the manufacturer. Dealer installed
<br />equipment is not covered by the Manufacturer's Vehicle Warranty. Warranties, if any, on this equipment are those of the respective
<br />manufacturer. The Dealer hereby expressly disclaims all warranties, either express or implied, including any implied warranties of
<br />merchantability or fitness for a particular purpose, and dealer neither assumes nor authorizes any other person to assume for it
<br />any liability in connection with the lease of this vehicle. Buyer shall not be entitled to recover from the Dealer any consequential
<br />damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental or
<br />consequential damages. The sole and exclusive remedy of Buyer shall be to look to the vehicle manufacturer or the manufacturer
<br />of any Dealer supplied optional equipment in connection with said warranties. Some states do not allow the exclusion or limitation
<br />of incidental or consequential damages so the above limitations or exclusions may not apply to you.
<br />6. TRANSIT DAMAGE: Despite the best efforts of the vehicle manufacturer and the companies who transport new vehicles, some
<br />vehicles may be damaged on their way from assembly plants to dealerships. Buyer hereby acknowledges that no representations
<br />have been made to him or her concerning whether or not the vehicle being sold has or has not sustained such transit damage.
<br />In the event that the new vehicle being leased has sustained transit damage in an amount equal to or in excess of three percent
<br />(3%) of the manufacturer's suggested retail price of the vehicle or $650.00, whichever is less (at Dealer's actual cost of repairs
<br />excluding replacement items), such damage will be disclosed to Buyer and the vehicle will cant' with it all manufacturer warranties.
<br />7. WINDOW FORM: The information you see on the window form for this vehicle is part of this Agreement. Information on the
<br />window form overrides any contrary provisions in this Buyer's Order other than in respect of the matters set forth in Sections 3
<br />or 4 of this Agreement.
<br />8. NEW TAG OR TRANSFER: The new tag or transfer charges include all tag related expenses, the State of Florida registration fee
<br />and title fee, tag agency fee, tag fee calculation, printing of temporary tag, issuing of On Demand tag and the electronic scanning
<br />of the documents and the related administration costs.
<br />9. DISCLAIMER: "Section 501.98, Florida Statutes, requires that, at lease 30 days before bringing any claim against a motor
<br />vehicle dealer for an unfair or deceptive trade practice, a consumer must provide the dealer with a written demand letter stating
<br />the name, address, and telephone number of the consumer, the name and address of the dealer, a description of the facts that
<br />serve as the basis for the claim; the amount of damages; and copies of any documents in the possession of the consumer which
<br />relate to the claim. Such notice must be delivered by the United States Postal Service or by a nationally recognized carrier, return
<br />receipt requested, to the address where the subject vehicle was purchased or leased or where the subject transaction occurred,
<br />or an address at which the dealer regularly conducts business."
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