- Pennsylvania Buyers Orders are a printed form containing a legal contract designed for use by auto dealerships in Pennsylvania to document the sale of a vehicle.
- The form was written by an attorney on behalf of MBR Marketing, Inc. to adhere to the laws in Pennsylvania. This form is exclusively available from MBR Marketing, Inc. and all copyrights belong to MBR Marketing, Inc.
- The Pennsylvania Buyers Order contains an arbitration clause, which provides additional legal protection to the dealership.
- This carbonless interleaved form is comprised of three parts (White, Yellow, Pink).
- The form lists the vehicle being purchased or traded, price workup, warranty disclaimers, and standard terms and conditions.
- Each form measures 8-1/2" x 11"
- Sold in packages of 100
The back of the form is printed with the following text.TERMS AND CONDITIONS
- "Dealer" shall mean the authorized Dealer named on this Agreement.
- "Buyer" shall mean the party executing this Agreement as purchaser of a Motor Vehicle (i.e. a party other than the Dealer).
- "Manufacturer" shall mean the entity that assembled or manufactured the Vehicle.
- "Vehicle" shall mean the motor vehicle or chassis that is sold to the Buyer pursuant to the terms of this Agreement.
- "Trade-in" shall mean a pre-owned vehicle transferred to the Dealer by the Buyer for the purposes of satisfaction of a portion of purchase price of the Vehicle.
- Where this Agreement references the Manufacturer, it is only for the purpose of referencing contractual relationships that may exist between the Manufacturer and the Buyer, or between the Manufacturer and the Dealer. Nothing in this agreement shall be construed to make the Manufacturer a party to this Agreement. Buyer and Dealer are the only parties to this Agreement. Dealer is not an agent or representative of the Manufacturer.
- Dealer may modify the price of the Vehicle prior to delivery of the Vehicle to the Buyer. Such modification may occur at the sole discretion of the Dealer due to fluctuations in value of the United States dollar as compared to the currency of the foreign country of the Vehicle’s manufacture; and in the event of any change in the laws or regulations of the United States or the State of Pennsylvania which:
- Mandates inclusion of any new feature or equipment to motor vehicles of the same series and body type sold within the territory.
- Increases applicable taxes or transportation costs or expenses.
- In the event of an increase in price of the Vehicle pursuant to Clause 3 above, Buyer may immediately cancel this Agreement, and Dealer will immediately return to Buyer any Trade-in, unless such Trade-is no longer in Dealer’s possession. If the Trade-in is not available for return due to a Dealer sale of the Trade-in, the Dealer shall pay Buyer an amount equal to the sale price of the Trade-in, less any Dealer expenses in connection with storage, insurance, refurbishment or conditioning, and advertisement for sale, in addition to the sales commission of 15%.
- Should Buyer choose to deliver Trade-in to Dealer upon delivery of Vehicle to Buyer, Buyer agrees that the appraisal price upon such delivery shall be the final monetary value of the Trade-in, which may be lower than the initial appraisal value of the Trade-in at time of signing this Agreement. In the event the final appraisal value of the Trade-in is less than the appraisal value indicated herein, the Buyer may cancel this Agreement. Buyer’s right to cancel the Agreement pursuant to this provision must be exercised prior to Dealer’s delivery of the Vehicle to Buyer and Buyer's hand-over of Trade-in to Dealer.
- Buyer warrants that the title to the Trade-in is “free and clear” of any and all encumbrances and liens, and that the title to the Trade-in has never been classified as salvage or branded, unless explicitly notified to the Dealer and stated in this Agreement. Buyer expressly represents that the Trade-in mileage as indicated in this Agreement is an accurate statement of the true mileage of the Trade-in. Dealer is entitled to rely on this representation of the Buyer when entering into the transaction pursuant to this Agreement. Buyer warrants Trade-in is sole property of Buyer, and that Buyer shall provide satisfactory, truthful and accurate information and documentary evidence of title to the Trade-in on delivery to the Dealer. In the event any information or documentation provided by the Buyer to the Dealer in connection with the status of the Trade-in is false or misleading, Buyer shall repurchase the Trade-in from the Dealer at the full amount previously paid by the Dealer, plus additional costs incurred by the Dealer in connection with refurbishment, legal costs, collection costs, and any other costs or expenses incurred by Dealer in connection with the Trade-in.
- Any failure of Buyer to accept delivery of the Vehicle, or failure to perform the terms of this Agreement, or any attempt to terminate this Agreement shall be grounds for Dealer, in its sole discretion, to appropriate any deposit contributed by the Buyer as liquidated damages to the extent not prohibited by law, and without limitation based on actual damages suffered by Dealer. Dealer may further utilize any such deposit to compensate Dealer for any damages suffered or expenses, including but not limited to storage fees and attorney fees incurred by Dealer as a result of Buyer’s non-performance of the Agreement. Nothing in this provision shall apply to a valid cancelation of this Agreement pursuant to Clauses 4 and 5 above.
- The Manufacturer may, in its sole discretion, without prior notice and without any other obligation, modify parts, components, accessories, the chassis, or a vehicle design. Such modifications may include parts, components, accessories, the chassis, or vehicles already purchased by Dealer, or under shipment to Dealer, or undergoing special manufacturing or shipment in accordance with an order of the Dealer. In the event Manufacturer makes such modification, Dealer shall not be required to make the same or a similar modification to the Vehicle or its parts, at any time prior to or subsequent to delivery of the Vehicle to Buyer.
- In the event of any event or occurrence outside the control of the Dealer, regardless of any contributing fault or negligence of the Dealer, contributing to or resulting in a failure or delay in delivery of the Vehicle, Dealer shall bear no liability.
- Buyer shall pay to the maximum extent permitted by law, any and all taxes applicable to or resulting from Buyer’s purchase of the Vehicle regardless of what party may have primary liability for payment of that tax. Federal, state, and local sales taxes, use taxes, and occupational taxes calculated by sales volume are not included within the Vehicle purchase price, unless expressly stated. Reimbursement for Federal excise tax is included in the purchase price of the Vehicle.
- This paragraph shall apply only where the Agreement includes a surcharge for Credit Insurance. Relevant terms for Credit Insurance included within a retail installment insurance contract executed by Buyer in connection with the purchase of the Vehicle shall apply. Where such Credit Insurance is not available or only partially available pursuant to the insurance policy, Dealer will deduct the Credit Insurance surcharge and related finance charges accordingly. In the event such insurance does not become effective for any reason, Dealer shall notify Buyer. Notwithstanding the above, this Agreement, and such retail installment insurance contract shall remain effective to the fullest extent under law.
- Buyer shall duly execute documentation or agreements as may be required by Dealer to perform and fulfill the terms and conditions of payment in accordance with this Agreement.
- Any “Payoff” price indicated as part of this Agreement has been provided by Buyer and/or Buyer’s lienholder. In the Event the final payoff price is higher than the number stated, Buyer shall remit payment of the difference to Dealer within three business days of receiving notice. In the event actual payoff price is less than the number stated, Dealer shall provide a refund of the difference to Buyer.
- Buyer has two business days from the date of execution of this Agreement to secure any required financing. In case of any Unpaid Balance existing at the time of execution of this Agreement, Dealer’s obligation to sell the Vehicle are expressly conditioned on Buyer’s obtaining any required financing to cover the Unpaid Balance.
- Should Buyer present Dealer with a check that is unpaid, rejected, denied or dishonored or any reason, Dealer shall charge Buyer additional returned check fee of $25 or as permitted by law; Dealer may at its sole option pursue claims against Buyer for the value of the check.
- In the event Vehicle sale transaction is not completed for any reason, Buyer is not able to obtain necessary financing, or the Agreement is declared void or invalid, Buyer shall immediately return the Vehicle to Dealer, and pay to Dealer reasonable costs and expenses for any damage or necessary maintenance to the Vehicle. Additionally, as compensation for Buyer’s use of the Vehicle, Buyer shall pay to Dealer a sum equal to the larger of $20 per day, or $.30 per mile driven while the vehicle was in Buyer’s possession. Dealer has no obligation to return Buyer’s Trade-in unless and until Buyer has paid all sums to Dealer in accordance with this paragraph. Where Buyer fails to return the Vehicle to Dealer in accordance with this paragraph within 24 hours of Notice, Dealer may at its sole discretion and without further notice to Buyer, immediately repossess the Vehicle as permitted by law, and Buyer shall additionally compensate Dealer for all reasonable costs in connection with repossession of the Vehicle, including but not limited to legal fees.
- Where, pursuant to this Agreement, the Vehicle purchase or any portion thereof is to be financed, Dealer may, at its option, assist Buyer in submitting credit applications to designated third parties. Dealer shall not lend Buyer any money and will not finance the purchase transaction, unless Dealer has expressly agreed to same in writing. No representative, agent, employee or manager of Dealer may modify this policy.
- Dealer and Buyer may also execute between them a separate Retail Installment Sales Agreement. In the event of any discrepancy between the terms of such Retail Installment Sales Agreement and this Agreement, the Retail Installment Sales Agreement shall prevail.
- ARBITRATION CLAUSE - THE FOLLOWING ARBITRATION PROVISION WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS IN CASE OF A DISPUTE UNDER THIS AGREEMENT.
- In the event of any dispute arising between the parties regarding interpretation, or performance of this Agreement, either party to this Agreement has the right to require such dispute be resolved and decided by arbitration.
- Where such dispute is submitted to arbitration, Buyer forfeits any and all rights Buyer may have to participate in any Class Action against the Dealer as a Class Representative or Class Member, including any right to Class Arbitration or any consolidation of individual arbitrations.
- Buyer understands that rights available to a party in a court proceeding may not be granted in an arbitration proceeding, and that options for evidence discovery and rights to file an appeal are limited in arbitration.
- Any and all claims, disputes, or legal actions (“Claim”), whether based in contract law, tort law, statute, or any other legal theory or mechanism, including but not limited to in connection with the arbitrability of the claim or dispute, and the scope, validity, or interpretation of this arbitration provision, as between the parties to this Agreement or the employees, representatives, agents, successors, or assigns of the parties, and which arise from or in connection with this Agreement, the underlying Vehicle purchase transaction, the condition of the Vehicle, Buyer’s credit application, or any resulting transaction or relationship, including but not limited to any third party non-signatory to this Agreement, shall upon decision of either party, at such party’s sole discretion, be finally heard, decided and resolved by neutral, binding arbitration.
- The Claim shall be submitted for arbitration by a single arbitrator, whom shall be an attorney or a retired judge, selected in accordance with the applicable rules for appointment of arbitrators. The arbitration proceeding shall apply the substantive law of Pennsylvania. The seat of the arbitration shall be the federal district which the Dealer is located; or if Dealer is not a party to the arbitration, any other location as agreed between the parties to the arbitration.
- Dealer shall cover costs of arbitration for the Buyer up to a maximum of $1,500, which may be reimbursed upon decision of the arbitrator. Unless determined otherwise by the arbitrator in accordance with law, each party to the arbitration shall be solely responsible for that party’s own arbitration fees and costs, including attorney fees, expert fees or other costs and expenses. In event the arbitration rules of the chosen arbitration organization differ from provisions of this paragraph, this paragraph shall prevail.
- The award issued by the arbitrator shall be final and binding on all parties, except that in the event the award for a victorious party is $0, or where the ruling against a losing party is greater than $100,000, or the award includes an order of injunctive relief against any party, that party may request a new arbitration under the rules of the same arbitration organization to be heard and decided by a panel of three arbitrators. When this provision is invoked, the appealing party shall be solely responsible for the full filing fee and other arbitration costs, subject to final decision by the arbitration panel on an appropriate apportionment of arbitration costs. Any arbitration proceeding shall be governed solely by the Federal Arbitration Act (9 U.S.C § et. seq.)
- The arbitration shall be conducted in all cases with only one Claimant per proceeding. No class action or multiple Claimant arbitration will be permitted. Buyer hereby waives any right Buyer may have to arbitration of a class action claim.
- Buyer shall have the right to select the arbitration organization to administer the arbitration from one of the following organizations. The rules of the arbitration shall be the rules currently in effect of the chosen arbitration organization:
- National Arbitration Forum, BOX 50191 Minneapolis, MN 55405-0191 (www.arb-forum.com);
- American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org).
- Initiation of an arbitration proceeding pursuant to this provision does not change any right of the Buyer or of the Dealer to pursue self-help remedies, such as repossession, as permitted under law. Both parties maintain all rights to pursue remedy at small claims court for any claims within the jurisdiction of that court. These rights are maintained unless such action is transferred, removed or appealed for any reason to a different court. The parties do not waive any right to demand arbitration as provided within this Agreement by pursuing such self-help remedies or filing such legal action.
- Any court of appropriate jurisdiction may enter judgment on the arbitrator’s award. This arbitration provision shall survive any, transfer of this Agreement, payoff, or termination of this Agreement.
- In the event any part of this arbitration provision is invalid or unenforceable for any reason the remainder shall remain enforceable to the greatest extent under law.
Pennsylvania Buyers Order Forms - Stock (Package of 100)
Item #: M1854PA