CREDIT SALE - PROMISE TO PAY: You have been given the opportunity to purchase the goods and/or services described above for the immediate payment of the Total Cash Price set forth above. You have agreed instead to purchase these goods and/or services through installment payments made over time and subject to a finance charge. In exchange for the goods and/or services identified above, you agree to pay the Total of Payments according to the payment schedule shown on this contract and any other charges provided for in this contract.
AMOUNT OF INTEREST TO BE PAID: The "Finance Charge" amount reflected in the Truth in Lending Disclosure on this contract assumes that you will make monthly payments of principal and interest on time and as scheduled. To the extent that you make one or more payments late, the total amount of interest that you may pay over the life of the loan may vary from the amount shown.
INTEREST: Interest is computed on a simple interest basis and begins to accrue on the effective date of this contract, unless otherwise restricted by law or according to other terms as evidenced by a separate written contract. The interest charged shall not exceed that allowed under applicable state usury laws. Any amounts charged found to exceed such amounts shall be deemed reduced to the maximum amount allowed without voiding this contract. If you pay a finance charge or other fee or charge that is in excess of any such maximum amount as determined by final judgment of a court, we will apply the amount of the excess first to reduce the outstanding balance of the total cash price and accrued but unpaid fees and charges, and then refund the remainder, if any, to you.
LATE CHARGE: If a payment is more than 10 days late, we may collect a delinquency charge on such overdue installment in an amount of 5% of the overdue installment, not to exceed $10. We will only charge you for one delinquency per late payment. We will not charge you a late fee for payments timely received under a written extension or deferral contract.
PREPAYMENT: You may prepay the loan at any time with no penalty. If you make a payment that exceeds the current payment due, the excess amount paid will be applied to the outstanding principal balance due on the loan.
PAYMENTS - ELECTRONIC FUNDS TRANSFER: Payment will be made by credit card, debit card or checking account as provided by you at the time of purchase, with payments charged to this same card or account on a recurring basis as specified in the Installment Contract. You authorize us to make electronic funds transfers from your account or to process such transactions. When we use your checking account to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day.
NSF FEE - ELECTRONIC FUNDS TRANSFER AUTHORIZATION REMOVAL FEE: If you present a check or checking account information that is dishonored, we may charge you, in addition to the amount owed, a collection fee of $50. The fee will be immediately due and payable. If you fail to pay the amount owed, including the fee, within 10 days of notice of dishonor from us, you may be liable for additional civil penalties as provided by law. If you pay other than by check or negotiable instrument and such payment is dishonored, we may charge you and pursue you for civil penalties to the extent allowed by law. If you agreed to make monthly payment by electronic funds transfer at the initiation of your contract and you send us written instruction to remove such authorization, you will be charged an additional $10.00 per month thereafter.
CONSENT TO CONTACT: You consent to us contacting you using all channels of communication and for all purposes
(including collection), using all contact information you have provided. You also consent to us and any other owner or servicer of your account contacting you about your account, including using text messages, any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. You are responsible for any charges for contacting you that may be billed to you by your communications carriers
DELIVERY SCHEDULE – NOT A SUBSCRIPTION OR RECURRING ORDER: The goods purchased by Buyer and subject to this agreement will be held and released by Seller in keeping with associated program requirements. Such delivery schedule does not constitute a subscription or recurring order, and all goods associated with this contract are considered purchased as of the purchase date, even if some or all of those goods remain in the possession or control of Seller.
SECURITY: Seller retains a security interest in the goods and/or services that are the subject of this agreement. To secure your payment and performance under this contract, you give us a security interest in the goods and/or service purchased under this contract as collateral, including all documentation, products, supplies and equipment, and on the proceeds of such collateral (if sold). You agree that any goods and/or services purchased but held by Seller for future delivery shall be consider security of the Seller. You agree that product shipments may be delayed or held by Seller in the event of payment delinquency until such delinquency is cured, and that in the event of default, at the sole discretion of Seller, the value of unshipped or undelivered goods and/or services may be applied to offset any amounts owed.
DEFAULT – REMEDIES: You are in default if you fail to make one or more payments within 15 days of the due date, or at any time you breach the terms of this contract or you file for bankruptcy protection. In the event of default, we may exercise any remedies we may have at law or in equity, including without limitation declaring the outstanding balance of the contract, with finance charges thereon, and other fees and charges immediately due and payable in full. If you are in default, you agree to pay our reasonable attorney fees, court costs, and other costs of collection to the extent allowed by law. You understand you may have to pay late fees and other allowable charges under this contract in order to bring your account current. If you possess goods (collateral) financed under this contract and you are in default, we may immediately take possession of such goods by legal process or by self-help, as allowed by law, and may sell such property and apply the proceeds of sale to the amounts owed under this contract. By choosing any remedy in connection with a default, we do not waive our right to exercise other remedies, nor do we waive our right to later pursue any remedy by electing not to pursue a remedy.
ASSIGNMENT: This contract may be assigned (sold) by Seller to another party (the "Assignee"). If assigned, you will be notified of the identity of the Assignee, and all questions concerning either the terms of this contract or the payments on this contract should be directed to the Assignee, who shall be entitled to all of the Seller's rights under this contract. This contract constitutes "commercial paper" under the Uniform Commercial Code and applicable law.
LOSS NOT A DEFENSE TO PAYMENT: You understand that any loss, injury, or destruction of any property sold to you related to this financing will not operate as a payment and will not release you from any of your obligations under this contract.
COMPLIANCE AND RESULTS NOT DEFENSES TO PAYMENT: You understand that any failure to comply with the requirements associated with the proper use of goods and/or services purchased for any reason (including medical reasons), or failure of such goods and/or services to achieve any specific results for any reasons will not operate as payment and will not release you from any of your obligations under this contract.
ENTIRE CONTRACT: This contract and its accompanying documents represent the entire contract between the parties as to the matters discussed herein and there are no other prior or contemporaneous oral or written contracts or representations on which either party is relying. Any modifications must be in writing and signed by both parties to be effective. Any reproduction of this contract or its accompanying documents by reliable means (scanned image or other widely accepted copy technology) shall be considered the same as the original, unless the copy is altered without the knowledge and consent of the parties. A finding by a court of competent jurisdiction that one or more provisions of this contract are void or contrary to any applicable state or federal law will not invalidate other parts of the contract.
NO WARRANTY: Except to the extent that the holder of this contract has given an express warranty in a warranty certificate attached to this contract, no warranties are express or implied and no statements made by any party that are not contained as part of this contract are valid or binding as to this contract. If this contract has been assigned, the Assignee holding this contract makes no representations or warranties express or implied with respect to the goods and/or services provided by Seller, and bears no responsibility or liability for Seller's provision of goods and/or services or the quality or acceptability of such goods and/or services.
ARBITRATION OF DISPUTES: We agree that any dispute arising under this contract be resolved through binding arbitration. Arbitration replaces the right to go to court or to participate in a class action or similar proceeding. This arbitration provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and any state law governing this transaction. If any portion of this arbitration provision is deemed unenforceable, the balance of the arbitration provision shall remain in full force and effect.
JURY TRIAL WAIVER: We both waive the right to a jury trial to resolve any dispute arising under this contract.
GOVERNING LAW: This contract shall be governed, construed and interpreted by, through and under the laws of the state of Virginia. If, however, Buyer resides outside of the state of Virginia, and the laws of such state require that retail installment contracts be governed in the state of the Buyer, then such laws will take precedence.
NOTICE TO BUYER
1. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE.
2. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.
3. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE.
4. YOU MAY UNDER CERTAIN CIRCUMSTANCES REDEEM THE PROPERTY IF REPOSSESSED BECAUSE
OF YOUR DEFAULT, AND YOU MAY, UNDER CERTAIN CONDITIONS, REQUIRE A RESALE OF THE
PROPERTY IF REPOSSESSED.
5. THE SELLER HAS NO RIGHT TO UNLAWFULLY ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE BUYER COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE BUYER SHALL NOT EXCEED AMOUNTS PAID BY THE BUYER HEREUNDER.
BUYER ACKOWLEDGES RECEIPT OF A LEGIBLE COPY OF THIS CONTRACT AS EXECUTED BY ALL PARTIES AND OF ALL OTHER MATERIAL DOCUMENTS WHICH SELLER HAS REQUESTED THAT BUYER SIGN IN CONNECTION WITH THIS TRANSACTION. BUYER MUST NOTIFY SELLER WITHIN THIRTY (30) DAYS OF THE CLOSING DATE OF THIS TRANSACTION IF BUYER BELIEVES THAT HE/SHE HAS NOT RECEIVED EITHER A LEGIBLE COPY OF THIS CONTRACT OR OF ANY OTHER MATERIAL DOCUMENTS THAT SELLER REQUIRED BUYER SIGN IN CONNECTION WITH THIS TRANSACTION.
NO LIABILITY, PERSONAL OR PROPERTY INSURANCE COVERAGE IS PROVIDED TO BUYER UNDER THIS CONTRACT.