Summary of Terms, Conditions, and Disclosure Points
- All lot(s) sold pursuant to this Financed Payment Plan are retained in the Heritage vaults, segregated and specifically identified to Client's account and shall secure the payment of the amount financed or owed Heritage.
- The minimum purchase is $2,500.00. A down payment as indicated in the attached payment schedule is required together with an executed copy of this Agreement. The balance is payable in installments as indicated. Any unpaid balance bears interest as shown commencing on the date of the invoice. Late payments will subject to a three percent (3%) late fee.
- The lot(s) purchased shall be retained to secure aggregate balance of any unpaid purchase price, interest, and any monies owing Heritage. Heritage is granted all of the rights of a secured creditor including, but not limited to, the power of sale. If any payment pursuant to this Financed Payment Plan is not made when due, the account is delinquent and is in default. Upon default, Heritage may, at its option, accelerate the aggregate balance due on the account and declare the same to be immediately due in full; thereafter, Heritage may, at its option, exercise the following rights:
- Consign the lot(s) to auction at a Seller's Commission of fifteen percent (15%). It is expressly agreed that such sale is a "commercially reasonable" sale. If upon such sale there is a deficiency (between proceeds and the extended payment balance), Client agrees to pay the same together with costs of collection, including legal fees. Any overage shall be refunded to Client; or
- Exercise any other right of a creditor under the Texas Uniform Commercial Code, at law or in equity; or
- Cancel the sale, charge a twenty percent (20%) restock fee, and refund any excess to Client
- In addition to the prices shown on the invoice, Client shall be liable for and pay all applicable taxes, shipping, handling, and fees as stipulated in the attached schedule, arising out of or in connection with this sale.
- Each right granted to Heritage hereunder or allowed Heritage at law or equity shall be cumulative. No failure on the part of Heritage to exercise and no delay on its part in exercising any right shall operate as a waiver thereof.
- Heritage in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or other damages arising from the auction of any lot or relating to this transaction. In the event that Heritage cannot deliver the lot. or subsequently it is established that the lot lacks title or other transfer or condition issue is claimed, Heritage's liability shall be limited to rescission of sale and refund of purchase price; in no case shall Heritage's maximum liability exceed the purchase price on that lot, which purchase price shall be deemed for all purposes the value of the lot. Nothing herein shall be deemed to supersede or waive any Term or Condition of Auction if purchased at auction.
- Dispute Resolution for Consumers and Non-Consumers: Any claim, dispute, or controversy in connection with, relating to and /or arising out of this Agreement, any amendment thereof, any advance hereunder, any consigned Properties or damage to consigned Properties, any interpretation of this Agreement, any alleged verbal modification and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation shall: a) if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive in personam jurisdiction in the State District Courts of Dallas County, Texas. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued in the appellate courts of the State of Texas; or b) for any claimant other than a consumer, the claim shall be presented in confidential binding arbitration before a single arbitrator, under the rules and before the American Arbitration Association ("AAA"). The arbitration shall be conducted in Dallas, Dallas County, Texas in accordance with the then existing Commercial Arbitration Rules of the AAA. The arbitration shall be brought within two (2) years of the alleged breach, default or misrepresentation or the claim is waived. The prevailing party (a party that is awarded substantial and material relief on its claim or defense) may be awarded its reasonable attorneys' fees and costs. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that the law applicable to any controversy shall be the law of the State of Texas, regardless of its or any other jurisdiction's choice of law principles and under the provisions of the Federal Arbitration Act.
- The terms and conditions set forth herein contain the full and entire agreement between Heritage and Client regarding this Financed Payment Plan and supersede all prior discussions, proposals, quotations, and negotiations with respect to the subject matter hereof, and shall not be modified or amended except by an instrument in writing signed by Client and an authorized officer of Heritage.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF THE STATE OF TEXAS, AND EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES SHALL BE IN DALLAS, TEXAS.
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