本文发表在 rolia.net 枫下论坛------------- 这是卖车的合同背面的文字, 不知道多少人签字前认真读过, 这是保护卖主利益的。 ------------------
1. PURCHASER’S OFFER: By singing this form I have made an offer to purchase the vehicle described above (“the vehicle”). I understand that this offer becomes a binding contract between the dealer and me when it is accepted by the signature of an authorized official of the dealer.
2. VEHICLE SOLD “AS IS”: I agree that if the appropriate space below is initialed by me, the vehicle is sold “As Is” and is not represented as being in a road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transport and may require substantial repairs at my expense.
________________ (Purchaser’s initials) if this space is not initialed by me, this clause does not form part of this agreement.
3.ACKNOWLEDGEMENT OF TERMS: I acknowledge having read all terms of the contract, including those on the reverse. I understand that they form art of this agreement. I also agree that no verbal promises have been made to me by the dealer or its employees. I agree that the written terms contained in this contract make up the entire agreement.
4.TRAD IN VEHICLE: Any vehicle I trade-in shall be equipped and in the same condition, other than reasonable wear and tear only, at the time of delivery to the dealer, as it was at the date of this agreement. I agree to be responsible for any repairs or maintenance needed to maintain this condition until the delivery date. If the trade-in vehicle has been damaged between the date of this agreement and the delivery date, or is in need of repair, the dealer may cancel this agreement and deduct any damages from the deposit or, if I agree, may reduce the amount of the trade-in allowance to compensate for the repairs needed. I also agree that I will be liable to compensate the dealer for any loss suffered because of any misrepresentation by me about the declared distance traveled. The declared prior use, or the condition of the vehicle traded-in.
5.DISTANCE TRAVELLED: To the best of the dealer’s knowledge, the distance the vehicle has traveled is as shown in this agreement.
6.WARRANTIES: I understand that there are no warranties or representations given by the dealer regarding the vehicle or affecting my rights or those of the dealer, other than those contained in this agreement or sat out in any applicable legislation or manufacturer’s warranty.
7.TAXES AND FINANCING: I agree to pay the dealer an amount equal to any increase in taxes payable relating to the purchase of the vehicle, between the date of this agreement and delivery of the vehicle to me. Should the amount of tax payable to reduced, the dealer agrees to deduct this amount from the total amount owed by me.
I agree that I will be responsible for any damages suffered by the dealer if a financing contract cannot be arranged because of any default or misrepresentation by me.
8.LEGAL OWNERSHIP AND PURCHASER’S OBLIGATIONS: Legal ownership of the vehicle shall not pass to me until the entire purchase price has been paid in full. I agree that until that time, I shall:
(a)maintain insurance on the vehicle with the dealer as the named beneficiary in the event of a loss.
(b)not sell or transfer the vehicle to anyone else
(c)not allow any lien or other interest to be taken in or against the vehicle
(d)not allow the vehicle to be used in the commission of any illegal act; and
(e)reimburse the dealer for any costs the dealer may incur due to my failure to comply with any of (a)(b)(c)(d)
9.CREDIT INFORMATION: I authorize the dealer to obtain credit information on me from any credit reporting agency or any credit grantor and to disclose credit information on me to any credit reporting agency or to any credit grantor with whom I have financial relations.
10.SECURITY INSTEREST: If the entire amount owing by me is not paid at the time I take delivery of the vehicle, or if any vehicle traded in by me contains an encumbrance of any sort, so that I connot pass clear title to the dealer, I grant the dealer a security interest in the vehicle being sold to me up to the amount owing and understand that the dealer may register this interest under the Personal Property Security Act.
11.DEFAULT IN PAYMENT: If I miss any payment due under this agreement, then the entire purchase price shall immediately become due and payable. The dealer, or anyone assigned by the dealer, shall then have the right too repossess the vehicle without notice to me.
On seven (7) days notice to me by registered mail, sent to my last address known to the dealer, the dealer may resell the vehicle by private sale or public auction. The dealer shall have the right to make whatever repairs are deemed necessary to put the vehicle in adequate condition for resale.
I agree to pay the dealer the difference between the balance of the purchase price still owing by me and the amount obtained on resale…as well as any expenses incurred by the dealer in repossessing and reselling the vehicle.
12.CANCELLATION OF AGREEMENT: This agreement may not be cancelled by me. If by mutual consent, the dealer and I agree to cancel the contract, the dealer shall return any deposit or vehicles traded in as part payment of the purchase price. Should any vehicles traded-in by me be sold prior to the mutual cancellation of this agreement, the dealer agrees to pay me the amount of the trade-in allowance shown on the front of this agreement.
13.ACCEPTANCE BY PRUCHASER: If refuse to take delivery of the vehicle when it is made available to me, or on the delivery date specified in this agreement, the dealer shall notify me, by registered mail, sent to my last address known to the dealer, that the vehicle is available for delivery. If I fail to take delivery to the vehicle within seven (7) days of signed receipt of this notice, or if the notice is returned to the dealer unclaimed. The dealer may resell the vehicle with no further notice to me.
When the dealer resells the vehicle, I agree to pay the dealer the difference between the agreed upon purchase price and the amount obtained on the resale…as well as any expenses incurred by the dealer in reselling the vehicle. Any deposit or vehicle traded-in may be kept by the dealer to apply against any loss suffered by the dealer. If the loss is greater than the total of the amount paid as a deposit any the value of the trade-in, I agree to pay the difference to the dealer.
The dealer agrees to provide me with a detailed accounting of the resale and a list of expenses incurred. These expenses may include, but may not be limited to, advertising, insurance, daily interest, etc. The dealer shall maintain the right to use any legal means available to collect any sum owing by me under this agreement.
---------- 这是商业行为法第二款, 罗列所谓不公正行为。 这是保护买方利益的。 原文 http://192.75.156.68/DBLaws/Statutes/English/90b18_e.htm --------------------
Unfair practices
2. For the purposes of this Act, the following shall be deemed to be unfair practices:
1. A false, misleading or deceptive consumer representation including, but without limiting the generality of the foregoing,
i. a representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or quantities they do not have,
ii. a representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have,
iii. a representation that the goods are of a particular standard, quality, grade, style or model, if they are not,
iv. a representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, provided that the reasonable use of goods to enable the seller to service, prepare, test and deliver the goods for the purpose of sale shall not be deemed to make the goods used for the purposes of this subparagraph,
v. a representation that the goods have been used to an extent that is materially different from the fact,
vi. a representation that the goods or services are available for a reason that does not exist,
vii. a representation that the goods or services have been supplied in accordance with a previous representation, if they have not,
viii. a representation that the goods or services or any part thereof are available to the consumer when the person making the representation knows or ought to know they will not be supplied,
ix. a representation that a service, part, replacement or repair is needed, if it is not,
x. a representation that a specific price advantage exists, if it does not,
xi. a representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the proposed transaction,
xii. a representation that the proposed transaction involves or does not involve rights, remedies or obligations if the representation is false or misleading,
xiii. a representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive,
xiv. a representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer.
2. An unconscionable consumer representation made in respect of a particular transaction and in determining whether or not a consumer representation is unconscionable there may be taken into account that the person making the representation or the person's employer or principal knows or ought to know,
i. that the consumer is not reasonably able to protect his or her interests because of physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factors,
ii. that the price grossly exceeds the price at which similar goods or services are readily available to like consumers,
iii. that the consumer is unable to receive a substantial benefit from the subject-matter of the consumer representation,
iv. that there is no reasonable probability of payment of the obligation in full by the consumer,
v. that the proposed transaction is excessively one-sided in favour of someone other than the consumer,
vi. that the terms or conditions of the proposed transaction are so adverse to the consumer as to be inequitable,
vii. that he or she is making a misleading statement of opinion on which the consumer is likely to rely to his or her detriment,
viii. that he or she is subjecting the consumer to undue pressure to enter into the transaction.
3. Such other consumer representations under paragraph 1 as are prescribed by the regulations made in accordance with section 16. R.S.O. 1990, c. B.18, s. 2.更多精彩文章及讨论,请光临枫下论坛 rolia.net
1. PURCHASER’S OFFER: By singing this form I have made an offer to purchase the vehicle described above (“the vehicle”). I understand that this offer becomes a binding contract between the dealer and me when it is accepted by the signature of an authorized official of the dealer.
2. VEHICLE SOLD “AS IS”: I agree that if the appropriate space below is initialed by me, the vehicle is sold “As Is” and is not represented as being in a road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transport and may require substantial repairs at my expense.
________________ (Purchaser’s initials) if this space is not initialed by me, this clause does not form part of this agreement.
3.ACKNOWLEDGEMENT OF TERMS: I acknowledge having read all terms of the contract, including those on the reverse. I understand that they form art of this agreement. I also agree that no verbal promises have been made to me by the dealer or its employees. I agree that the written terms contained in this contract make up the entire agreement.
4.TRAD IN VEHICLE: Any vehicle I trade-in shall be equipped and in the same condition, other than reasonable wear and tear only, at the time of delivery to the dealer, as it was at the date of this agreement. I agree to be responsible for any repairs or maintenance needed to maintain this condition until the delivery date. If the trade-in vehicle has been damaged between the date of this agreement and the delivery date, or is in need of repair, the dealer may cancel this agreement and deduct any damages from the deposit or, if I agree, may reduce the amount of the trade-in allowance to compensate for the repairs needed. I also agree that I will be liable to compensate the dealer for any loss suffered because of any misrepresentation by me about the declared distance traveled. The declared prior use, or the condition of the vehicle traded-in.
5.DISTANCE TRAVELLED: To the best of the dealer’s knowledge, the distance the vehicle has traveled is as shown in this agreement.
6.WARRANTIES: I understand that there are no warranties or representations given by the dealer regarding the vehicle or affecting my rights or those of the dealer, other than those contained in this agreement or sat out in any applicable legislation or manufacturer’s warranty.
7.TAXES AND FINANCING: I agree to pay the dealer an amount equal to any increase in taxes payable relating to the purchase of the vehicle, between the date of this agreement and delivery of the vehicle to me. Should the amount of tax payable to reduced, the dealer agrees to deduct this amount from the total amount owed by me.
I agree that I will be responsible for any damages suffered by the dealer if a financing contract cannot be arranged because of any default or misrepresentation by me.
8.LEGAL OWNERSHIP AND PURCHASER’S OBLIGATIONS: Legal ownership of the vehicle shall not pass to me until the entire purchase price has been paid in full. I agree that until that time, I shall:
(a)maintain insurance on the vehicle with the dealer as the named beneficiary in the event of a loss.
(b)not sell or transfer the vehicle to anyone else
(c)not allow any lien or other interest to be taken in or against the vehicle
(d)not allow the vehicle to be used in the commission of any illegal act; and
(e)reimburse the dealer for any costs the dealer may incur due to my failure to comply with any of (a)(b)(c)(d)
9.CREDIT INFORMATION: I authorize the dealer to obtain credit information on me from any credit reporting agency or any credit grantor and to disclose credit information on me to any credit reporting agency or to any credit grantor with whom I have financial relations.
10.SECURITY INSTEREST: If the entire amount owing by me is not paid at the time I take delivery of the vehicle, or if any vehicle traded in by me contains an encumbrance of any sort, so that I connot pass clear title to the dealer, I grant the dealer a security interest in the vehicle being sold to me up to the amount owing and understand that the dealer may register this interest under the Personal Property Security Act.
11.DEFAULT IN PAYMENT: If I miss any payment due under this agreement, then the entire purchase price shall immediately become due and payable. The dealer, or anyone assigned by the dealer, shall then have the right too repossess the vehicle without notice to me.
On seven (7) days notice to me by registered mail, sent to my last address known to the dealer, the dealer may resell the vehicle by private sale or public auction. The dealer shall have the right to make whatever repairs are deemed necessary to put the vehicle in adequate condition for resale.
I agree to pay the dealer the difference between the balance of the purchase price still owing by me and the amount obtained on resale…as well as any expenses incurred by the dealer in repossessing and reselling the vehicle.
12.CANCELLATION OF AGREEMENT: This agreement may not be cancelled by me. If by mutual consent, the dealer and I agree to cancel the contract, the dealer shall return any deposit or vehicles traded in as part payment of the purchase price. Should any vehicles traded-in by me be sold prior to the mutual cancellation of this agreement, the dealer agrees to pay me the amount of the trade-in allowance shown on the front of this agreement.
13.ACCEPTANCE BY PRUCHASER: If refuse to take delivery of the vehicle when it is made available to me, or on the delivery date specified in this agreement, the dealer shall notify me, by registered mail, sent to my last address known to the dealer, that the vehicle is available for delivery. If I fail to take delivery to the vehicle within seven (7) days of signed receipt of this notice, or if the notice is returned to the dealer unclaimed. The dealer may resell the vehicle with no further notice to me.
When the dealer resells the vehicle, I agree to pay the dealer the difference between the agreed upon purchase price and the amount obtained on the resale…as well as any expenses incurred by the dealer in reselling the vehicle. Any deposit or vehicle traded-in may be kept by the dealer to apply against any loss suffered by the dealer. If the loss is greater than the total of the amount paid as a deposit any the value of the trade-in, I agree to pay the difference to the dealer.
The dealer agrees to provide me with a detailed accounting of the resale and a list of expenses incurred. These expenses may include, but may not be limited to, advertising, insurance, daily interest, etc. The dealer shall maintain the right to use any legal means available to collect any sum owing by me under this agreement.
---------- 这是商业行为法第二款, 罗列所谓不公正行为。 这是保护买方利益的。 原文 http://192.75.156.68/DBLaws/Statutes/English/90b18_e.htm --------------------
Unfair practices
2. For the purposes of this Act, the following shall be deemed to be unfair practices:
1. A false, misleading or deceptive consumer representation including, but without limiting the generality of the foregoing,
i. a representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or quantities they do not have,
ii. a representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have,
iii. a representation that the goods are of a particular standard, quality, grade, style or model, if they are not,
iv. a representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, provided that the reasonable use of goods to enable the seller to service, prepare, test and deliver the goods for the purpose of sale shall not be deemed to make the goods used for the purposes of this subparagraph,
v. a representation that the goods have been used to an extent that is materially different from the fact,
vi. a representation that the goods or services are available for a reason that does not exist,
vii. a representation that the goods or services have been supplied in accordance with a previous representation, if they have not,
viii. a representation that the goods or services or any part thereof are available to the consumer when the person making the representation knows or ought to know they will not be supplied,
ix. a representation that a service, part, replacement or repair is needed, if it is not,
x. a representation that a specific price advantage exists, if it does not,
xi. a representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the proposed transaction,
xii. a representation that the proposed transaction involves or does not involve rights, remedies or obligations if the representation is false or misleading,
xiii. a representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive,
xiv. a representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer.
2. An unconscionable consumer representation made in respect of a particular transaction and in determining whether or not a consumer representation is unconscionable there may be taken into account that the person making the representation or the person's employer or principal knows or ought to know,
i. that the consumer is not reasonably able to protect his or her interests because of physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factors,
ii. that the price grossly exceeds the price at which similar goods or services are readily available to like consumers,
iii. that the consumer is unable to receive a substantial benefit from the subject-matter of the consumer representation,
iv. that there is no reasonable probability of payment of the obligation in full by the consumer,
v. that the proposed transaction is excessively one-sided in favour of someone other than the consumer,
vi. that the terms or conditions of the proposed transaction are so adverse to the consumer as to be inequitable,
vii. that he or she is making a misleading statement of opinion on which the consumer is likely to rely to his or her detriment,
viii. that he or she is subjecting the consumer to undue pressure to enter into the transaction.
3. Such other consumer representations under paragraph 1 as are prescribed by the regulations made in accordance with section 16. R.S.O. 1990, c. B.18, s. 2.更多精彩文章及讨论,请光临枫下论坛 rolia.net