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Warranties. Seller makes no warranties, expressed or implied, including implied warranties of rnerchantability and fitness for a particular purpose, with regard to the merchandise sold hereunder. The manufactures of certain merchandise may provide warranties and Seller may inform Purchaser of the existence of such warranties.
Payment of Account. Purchaser(s) understand(s) that payment for all good and services are due and payable upon execution of this agreement under the terms stated on the front of this agreement. Should any sum remain unpaid thirty (30) days after the due date of the invoice, interests shall be payable of the rate of 1.5% per month (18% per annum) on unpaid balance.
Arbitration. All disputes arising out of or relating to this contract shall be resolved by submission to a single arbitrator for binding arbitration in Seattle, Washington, administrated by, and under the then current Commercial Arbitration Rules of the American Arbitration Association or its successor; provided, however, that such rules shall be modified to incorporate the Washington Rules of Evidence to the extent that they relate to the admissibility, of evidence. The arbitration shall be conducted without prior discovery, including depositions, document requests, interrogatories or requests for admissions. The arbitrator shall have discretion to award reasonable costs, but no attorney's fees, to the prevailing party. A party who fails to commence arbitration without one year from the date on which the facts giving rise to the dispute arose agrees that it shall have waived all of its rights and shall thereafter be barred from any remedy in connection therewith.
By signing this contract you are agreeing to have any disputed issue decided by neutral arbitration and you are giving up your right to a jury or court trial.
Claim against the Estate. The Seller's election to file a claim against the estate of the deceased or apply for any assigned benefits in partial or complete satisfaction of the amounts due hereunder shall in no way preclude Seller from its rights to demand payment from Purchaser(s), or such amounts when they become due as provided in this contract or at any time thereafter.
Entire Agreement. This contract contains the entire agreement of the Purchaser(s) and Seller and no agent or representative of either Purchaser(s) or Seller has the authority to modify the terms of this contract or the terms of any receipt issued for payment hereof.
Waiver. Waiver by Seller of a breach of any term of this contract by Purchaser(s) shall not be construed as a waiver of any subsequent breach by Purchaser(s).
Binding Effect. This contract shall be binding upon the Purchaser(s), executor(s) administrator(s), personal representative(s), heir(s), or devisee(s).
Severability. Invalidity or unenforceability of any particular provision of this contract shall not effect the other provisions and the contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
Joint and Several Obligations. If there is more than one Purchaser, then each shall be jointly and severally liable hereunder.
Construction. In construing this contract, as the contract so requires, the singular pronoun or noun shall be taken to mean and include the masculine, the feminine, the neuter, and the plural. Generally, all grammatical changes shall be implied to make the provisions apply equally to corporations, individuals, and other legal entities.
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