The above information will be collectively referred to as the "Vehicle." 

1. Binding Agreement to Purchase. As of the date you accept this Agreement ("Effective Date"), you agree that you will purchase the Vehicle from the named Harper Auto Square Dealership above or its affiliates, subsidiaries or parents ("we," "us" or "our"), pursuant to the terms and conditions of this Agreement, and any subsequent Buyer's Order once the Vehicle is available for Delivery. You hereby create a binding contract with the Dealership obligating you to purchase the Vehicle. Immediately prior to taking delivery of the Vehicle you will be required to sign Buyer's Order or Purchase Agreement, and any related financing documentation, detailing the specific pricing, terms, and conditions of the vehicle purchase. As part of the consideration you provided to the Dealership under this Agreement, you are paying a fifty dollar ($50.00) deposit, which is non-refundable once you have accepted the terms of this Agreement and made the deposit. 

 

2. Vehicle Pricing and Delivery. Contingent on Vehicle availability, the Vehicle pricing is as provided by the manufacturer of your Vehicle or provided to you by the Dealership. Vehicle prices available at the time of the Effective Date are only an estimate based on available features and options at the time of order. Prices disclosed do not include taxes, title, license or other fees paid to third parties, which could be material costs. Because taxes and fees vary over time and jurisdiction, they are a best estimate and will be calculated prior to delivery based on all available information and indicated on your final Buyer's Order. You are responsible for these taxes and fees. Any delivery dates provided are estimates only and your delivery is dependent on the manufacturer, availability of the Vehicle, and are subject to change. Singing this Agreement does not guarantee a delivery date for your Vehicle. 

 

3. Disclaimer of Tax Eligibility. The Dealership cannot guarantee that you will be eligible for any tax credits because you signed this Agreement. You are responsible for your own personal tax situation and determination of eligibility for credits and incentives for Federal, State, and Local taxes. The Dealership does not guarantee the actions or determinations of the Internal Revenue Service or any other tax authority, and the Dealership is under no obligation to defend you in disputes with any tax authority. The Dealership makes no representations under this Agreement as to pending or future legislation, Vehicle eligibility for tax incentives, availability of tax incentives to you, and the Dealership makes no representation, warranty or guaranty that this Agreement will provide tax incentive eligibility to you. 

 

4. Privacy Policy. The data the Dealership, its parents, subsidiaries or affiliates collects from you about your Vehicle are subject to our Privacy Policy, which can be found at https://www.harperautosquare.com/privacy.htm   Please read our Privacy Policy carefully to understand the data that we collect and our practices regarding your information and how it will be treated.

 

5. No Waivers or Assignments. The failure by the Dealership to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Dealership. You may not assign your rights or delegate your obligations under this Agreement without our express prior consent. 

 

6. Termination by the Dealership. While this Agreement creates a binding order and Agreement for you to purchase the Vehicle when delivered by the Dealership, this Agreement does not create an obligation by the Dealership to deliver the Vehicle to you. The Dealership may terminate this Agreement if the Vehicle or aspect of the Vehicle or delivery is unavailable or modified by the manufacturer following the Effective Date of this Agreement.  

 

7. LIMITATION OF LIABILITY. 

7.1 No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ANY PARTY TO THIS AGREEMENT OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE FOR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

7.2 Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEALERSHIP'S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO THE DEALERSHIP PURSUANT TO THIS AGREEMENT. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental, punitive or consequential damages, portions of the above limitations or exclusions may not apply. 

 

8. Choice of Law. This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Tennessee, without regard to choice or conflict of law principles. 

 

The Dealership does not guarantee signing this Agreement will result in tax savings and cannot provide tax advice. Please consult your tax advisor with any tax questions.