The Motor Bookstore Mail-in / Fax Order Form

Sales Agreement

Seller means "you" and Buyer means "The Motor Bookstore." In consideration of the promises and of the mutual benefits to each party, it is further agreed as follows:

REPAIR AND SERVICE MANUAL(S) MEANS: Both factory or aftermarket manual(s) limited to cars, trucks, vans, motorcycles, ATVs, scooters, bicycles, personal watercraft, snowmobiles, marine engines, generators, power equipment, utility engines, and farm tractors.

NOTE: Repair and Service manual(s) for other types of products must be pre-approved by Buyer to determine their acceptability. Please contact us via email or toll-free at 1-800-982-4599 for pre-approval. Buyer does not purchase photocopied material, regardless of quality.

1. DESCRIPTION. The goods subject to this sale and which the Seller shall deliver to the Buyer and for which the Buyer shall pay (with the exception of manuals that are in POOR condition), shall conform to the following specifications:

NEW: A manual that has never been read. Must be the latest edition. Still in original plastic wrapper without scuffing and/or tearing.
MINT: A manual that is in near new condition, regardless of date of publication.
GOOD: A manual that has been read and shows signs of use.
ACCEPTABLE: A manual that has been read and shows signs of use; may show light fingerprints, yellowing due to age, or writing/notes inside.
POOR: A manual that may be missing the cover(s) and/or some pages. Also may show additional damage and stains throughout.

2. CONTINGENCY. This agreement is contingent upon Buyer's approval of the manual(s). Buyer shall have full discretion to determine the condition of the manual(s). Buyer shall not provide a professional appraisal, thus any value determined by Buyer shall be for the sole purpose of Buyer's purchase based on the terms stated herein. This contract shall be void and of no effect in the event the manual(s) is not complete with all pages and include any supplements that were originally included, and/or the manual(s) is in Poor condition.

3. PRICE. Upon approval, Buyer shall pay Seller based on the Manufacturer Suggested Retail Price (MSRP); in lieu of MSRP, price shall be based on Fair Market Value (FMV), which will be determined by Buyer.

NEW: up to 35% MSRP or FMV (e.g. MSRP/FMV $29.95, get up to $10.48)
MINT: up to 25% MSRP or FMV (e.g. MSRP/FMV $29.95, get up to $7.48)
GOOD: up to 20% MSRP or FMV (e.g. MSRP/FMV $29.95, get up to $5.99)
ACCEPTABLE: up to 15% MSRP or FMV (e.g. MSRP/FMV $29.95, get up to $4.49)

4. PAYMENT: Upon Buyer's receipt of the manual(s) and acceptance by same, Buyer shall send you a check for the manual(s). If Seller chooses, Seller may accept store credit for The Motor Bookstore in an amount due to Seller instead of a check. If Seller chooses the option of store credit, Seller shall specify such below, whereby proof of the store credit shall be delivered via electronic mail issued in the name of the Seller.

Store Credit Option [to be completed only if Seller prefers payment by a Store Credit instead of a check].

___________________________ ___________________________

Seller's Signature Seller's Email Address

5. PACKAGING. Seller is responsible for assuring the manual(s) is properly packed to insure it arrives in the same condition as sent. Seller should use plenty of packing to insure the manual(s) does not move around the box while in transit, as this can cause damage such as dents, scratches, scuffing, damaged corners, etc. This will affect the overall condition of the manual(s).

6. PRIVACY. Seller's personal information is protected by Buyer's Privacy Policy.

7. RISK OF LOSS. Risk of loss shall be on the Seller. Buyer shall not be responsible for manual(s) lost in the mail, damaged, deteriorated or destroyed by shipping, or not received by Buyer. Buyer shall not be responsible for any manual(s) that is in Poor condition or photocopies, even if received by Buyer.

8. NO PARTNERSHIP CREATED. In no way does this agreement create a partnership between Seller and Buyer.

9. ENTIRE AGREEMENT. Each party agrees that this Agreement constitues the entire agreement of the parties.

10. CAPTIONS. The captions contained herein are for the convenience and reference only and shall not be deemed a part of this agreement or construed as in any manner limited or ampifying the terms of this and provided of this agreement to which they relate.

11. ATTORNEY'S FEES. If a dispute arises from this agreement, the prevailing party shall be entitled to attorney's fees and costs associated with any action, including costs and attorneys' fees on any appeal.

12. CHOICE OF LAW AND VENUE. This agreement shall be construed according to the laws of the State of Florida. Venue for any action on this agreement shall be in Volusia County, Florida.

NOTICE: The Motor Bookstore reserves the right to revise this agreement at any time, without previous notice.

BY SIGNING BELOW, SELLER ACKNOWLEDGES THAT SELLER HAS READ,
UNDERSTOOD, AND ACCEPTED THE TERMS STATED IN THIS AGREEMENT.

___________________________ ___________________________

Seller's Signature Date

Print Name: ______________________________________________________________________________________

Address: ______________________________________________________________________________________

City/State/Zip: ______________________________________________________________________________________

Daytime Telephone: ( ) ______________________________________________________________________________________

EMAIL: ______________________________________________________________________________________

PLEASE LIST THE MANUALS YOU ARE ENCLOSING.
Use an additional sheet if necessary.

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