ARBITRATION PROVISION
PLEASE REVIEW . IMPORTANT . AFFECTS YOUR LEGAL RIGHTS
1. EITHERYOU ORWE MAY CHOOSETO HAVE ANY DISPUTE BETWEEN YOU AND US OECIDED BY ARBITRATION AND NOT IN COUHT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED,YOU WILL GIVE UPYOUR HIGHTTO PARTICIPATE AS A CLASS BEPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUOING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIOUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTSTO APPEAL IN AFBITBATION ARE GENERALLY MORE LIMITEDTHAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU ANDWEWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or othen rise (including the interpretation and scope of this Arbitration Provision, any allegation ol waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispule), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contracl) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. lf federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plainlifl in a collective or representative action, or a class representative or member of a class on any class claim. The arbifator may not preside over a consolidated, representative, class, collective, injunctive, or prlvate attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, injunctive, or private attorney general action.You or we may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr,com) as the arbitration organization to conduct the arbitration. ll you and we agree, you or we may choose a diflerent arbitration organization.
You may get a copy of the rules ol an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the app[cable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the lederal district in which you reside unless the Sellercreditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this transaction was originated. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. You and we will pay the filing, administration, service, or case management fee and the arbitrator or hearing lee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law lf the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. 55 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate any related or unrelated claims by liling any action in small clalms court, or by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual or statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitratofs award. This Arbitration Provision shall survive any termination, payotf or transler of this contract, ll any part of this Arbitration Provision, other than waiverc of class rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. You agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. lf a court or arbitrator linds that this class arbitration waiver is unenforceable lor any reason with respect to a claim or dispute in which class allegations have been made, the rest ol this Arbitration Provision shall also be unenforceable.
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Notice to buyer Do th s agree ment belore y0u read it 0l it it c0ntains any bl nk spaces to be fi led n. l2l You are entifled to a th ag reemen can prepay the fu m0unt due under this agreement at m I y0u delaull n the performa n ce s reemgnl, the veh cl e be and be to SU it nd ty lotth unpaid ndebledness evrdenced this fusdrhidltu hr.l dnd..
CTY OF FEI'O'IDO BEACH 6Y: .
Buver Sl_onalurc X
-
ll you hsve, complainl conce{ning his sale, you sho{ld lry lo resolre il wilh lhe seller.
Co-Buyer Signature X N/A
Dale N/A
Address N/A Address
Guarantor X N/A pqlq N/A cuarantor x NiA
The Annual Percentage Rate may be negotiable with the Seller.The Seller may assign this contract and retain its right to receive a part of the Finance Charge, THERE IS NO COOLING.OFF PERIOD UNLESS YOU OBTAIN A COI{IRACT CANCELLATION OPTION glilomia law does nol provrde lor a 'cooling{tl- or ohs cancallelion pe od lor venrcle sles. Ileclore, yoJ cannol hter cancfl his mnlncl simply becaus€ yo{ change your mind, deide lhevehiclecsh too mud, orlYi$ you had acquired a dillermlvehhle, Aller you sign hloy, you may only cancelthis conlracllvit lhe agrement ol the seller or lor legalmus., s{ch as lraud, thIjever, Calilornia law does requiie a seller lo oller a Mo{ay conlracl cancellalion oplion on usd veiiclss flih a porchase price 0l less than lorly thousend dolhB (S40,000), $ibject h cerlein slalulory condilions This conlEclcar@lhtion oplion equiremenldoes nolapply to lhe sale ola recltslional veiicle, a molorcycle, or en olltighl{ay molor vehicle subiecllo idenlifimtbn under hlilomia hIJ, Se lie v$icie conbacl cancelhtion optjon agrcemenl lor dehils.
Co-Buyerc and Other Owners - A co-buyer is a person who is responsible lor paying the enlre dsbt. An other owner is a percon whose name is on the tite to the vehic.le hJt does not have to pay the debl. The other oLner a$ees to Ihe secudty inlercst in the vehicle given to us in this contrac.l.
CITY OF REDONOO AE.ACH AY
Dale 03/29/2023 By X Ti e
Date o!29no23
Seller Signs rNc
Date N/A
Buyer Printed Name
N/A
Trtle
N/A
CITY OF REDONDO B
COLLEY AUTO CAR
Co-Buyer Printed Name
Buyer Signature X Co-Buyer Signature X
NiA
lf the 'business' use box is checied in 'Prlmary Use ior Which Purchased": Print Name Address
YOU AGBEE TO THE TERMS OT IHIS COI{IRACT, YOU
COIIABi| IHAT BETOflE YOU SIGI'IEO TllIS COI{IHACT. \,lIE GAVE II TO YOU, AI{D YOU WERE FHEE TO TAKE TT AilD
REVIElII [, YOU ACKI{OI{IEOGE TllAT YOU llA\/E ffEAD
ALL PAGES OF THIS COi'/THACI II{CLUDING THE
ARBITRATIOTI PROI/I$OI{ ABO\/E. BEFORE SIGNIT{G
BEI.OYI, YOU COI{FI8II THAT YOU RECEII/ED A
COI'PI.EIELY FILI.E}IN COPY IIIHEN YOU $GI{ED [,
Seller assigns its interest in this contract to CASH DEAL (Assignee) under lhe terms of Sele/s agreemenl(s) with Assignee E Assigned with rscourse
Seller
B Assigned rcla ! igned wilh limited recourse
\
urse
X COLLEY AUTO CARS,INC Tille
,IJAlrll/' EoRlrl No. ss34A-ARB.eps-14 ,qsv a,r
IX€NE AFE I{O WABRAflNES, EIPAESS Oi U'PUED, AS It' COIITEJ{I OF fmrEss toR puRposE o€ rlrE Foal. colsuLTyDUR o*l r€cAL cour{sEl 9811o'1'CFN-F| 04y'05/2023 O9:,t0 am
LAW 553-CA-ARB-eps-14 22 vt page 5 ot 5
Other Owner Signalure X