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9U� �O�OS� ADDITIONAL TERMS
<br /> IIMITED WARRANTY: My sole and ezclusive remedy against you ar your assignee sheil be limited to my rights and remedies under the express LIMITED WARRANTY you extend ta
<br /> me at the time I sign this Contract. My exclusire rights and remedies under the warranty shall be in lieu ot all other rights or remedies, at law or in equity, where permitted
<br /> b�l applicable state law. ---.
<br /> ALL MANUFACTURED WINDOW PRODUCTS ARE NOT GUARANTEED A6AINST CONDENSATION, MOISTURE FORMATION OR FROST. PRODUCTS ARE NOT GUARANTEED AGAINST CORROSION DUE
<br /> TO ADYERSE CLIMATIC CONDITIONS.
<br /> BUIIER,READ THE SEPARATE"LIMITED WARRANTY"WHICH IS A SEPARATE WRITfEN INSTRUMENT PERTAINING SOLELY TO MANUFACTUREU PRODUCTS OF THE PACESEiTER CORPORATION
<br /> AND WHICH "LIMITED WARRANn" HAS BEEN DELIYERED TO EACH RESPECTIYE BUYER IN CONNECTION WITH THIS SALE.TNE FOREGOING PROYISIONS REGARDING CONDENSATION DO NOT
<br /> APPI� TO SIDING.
<br /> Further, The Pacesetter Corporation makes NO REPRESENTATION OR WARRANTY Of AN� KIND OR NATURE WHATSOEYER, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENERGII
<br /> SAYINGS I COULD OR MA� ACHIEYE BV USE OF THE PRODUCT(SI. I understand that any energy sarings I may achiere is dependent upon a number of factors, including, 6ut not
<br /> limited to, the type, quantity and quality of insulation in my home, the particular siie and style of my home, the type of quality of construction of my home, mp particular life
<br /> styte, the number of openings in my home, proper monitoring of thermostat settingt, climatic conditions and location of my home, and eren the type of energy consumed for
<br /> heating and air conditioning purposes.
<br /> PREPAYMENT AND ACCRUAL OF THE FINANCE CHARGE:Even though I do not have to pay more than the regulaz scheduled monthly payment,I have the right
<br /> to prepay the whole amount owing to you in full at any time or in part from time to time. I understand that the finance chazge(interest)is computed daily. 1 know my
<br /> finance charge will be less if I make an early payment,and it will be higher if I pay late;I also recognize that any necessary ad�ustment to my total tinance charge will
<br /> be reflected in my final bill;I also know that the amounts shown on page 2 for the Finance Charge,Total of Payments,and the Totai Sale Price are estimates based on
<br /> the assumption that you will receive each of the�ayments exactly on its due date;and I know that there will be no refund if I prepay because there is nothing to refund
<br /> when I am charged on a daily basis.I know that�f all rebates,refunds and credits to which I might be entitled are less than one dollar($1.00),no refund will be made. I
<br /> may voluntarily prepa the amount I owe you, in full or in part,at any time. If I make a partial prepayment, I must continue to make my regulaz payments until I have
<br /> paid all amounts owe I know�that i prepay the whole amount,you may collect or retain from me a minimum charge not greater than$10.00.
<br /> SPECIAL-ORDER OODS.°17cno�that you have measured my house and its openings so that you can make the Products to fit my particular house and that the goods
<br /> probably will not fit any other houses,so I know that I cannot cancel this contract at any time after the period of time given to me by law in which to cancel.After that
<br /> legal period of time, I know that I have the obligation to pay you in full the amount owed.
<br /> COMMENCEMENT OF THE FINANCE CHARGE:The finance charge(interest)is estimated to start within 30 days of the date of this contract,except in the event
<br /> that you complete the installation of the goods and services on another date, then the finance char�e(interest)will begin to run on the date that I sign the Completion
<br /> CeRificate.The amount of finance charge(interest)may be more or less than the amount disclosed dependmg on the amounts 1 pay you and my timeliness in making payments.
<br /> DEFAULT:I will be in default under this contract if: 1. I don't make a payment when due;or 2. I break any promise I made to you in this contract or 3.Something else
<br /> happens which causes you to believe in good faith that I do not intend to pa�you as promised;or 4.t default on any obligations for which I am using my home as collateral;
<br /> or 5.Something happens to my house which threatens your rights,if any,m it.
<br /> COLLECTION COSTS:If I am in default of this contract and you demand full payment,for reasonable attorneys'fees and for other related expenses such as court costs,
<br /> tide searches and money you expended to collect the amount due or to protect my house,if you are allowed to collect such amounts by 1aw.
<br /> OTHER RIGHTS:You can choose not to enforce any of the rights under this contract as often as you want without losing them.Or,you can delay enforcing any of the
<br /> rights without losing them.You can also use any rights now or in the future given to you by law.
<br /> DELAYS:I know that you will use your best efforts to install the Products I am purchasing on my house,but I also understand that in some situations you may encounter
<br /> delays that ace caused by strikes,weather conditions,delays you have in obtaining materials,or for other reasons that are beyond your control. I will not hold you liable
<br /> for such delays.
<br /> REQUEST FOR FULL PAYMENT:If I am in default under this contract,you can declare all that I owe under this contract payable at once. I agree to pay you interest
<br /> on that amount at the maximum contractual rate allowed by law until the amount I owe you is paid. I also know that you can foreclose the mortgage I have grven to you.
<br /> ARBITRATION:If I have a dispute or claim with you conceming the quantity,quality or performance of the Products,I understand that my dispute may be submitted
<br /> to and setded according to the mediation-arbitration program that may have developed in my community.I also know that any decision made by an arbitrator(s)would be
<br /> entered in the court having jurisdiction over me and you.
<br /> SAL�'AGE VALUE: I know that the windows,woodwork, siding,brick and other materials that have to be removed by you for this installation have NO salvage value.
<br /> When you remove them,you can have them for whatever purpose you want.
<br /> SPECIAL SITUATIONS:Due ro the uniqueness of some of the Products that you sell, I understand that in special situations your Regional Of6ce may have to review
<br /> and approve this contract. [also understand that this sale occurred in my home and[hat you and I may not have had all the correct mformation important to[his[ransaction
<br /> at our fingertips;I give you my consent to correct any obvious errors that may have occmred when the blanks in this contract were completed.
<br /> INVALID PROVISIONS:If any provision of this contract viotates the law and is unenforceable,the rest of the contract will be valid. If any part of this contract requires
<br /> payment of more interes[[han the law permits,then you will only have the right to co(lec[from me[he amount of interest which the law allows you to collect.
<br /> COMPLETENESS OF THIS CONTRACT:This contract can only be changed if both you and I agree in writing.
<br /> NOTICE
<br /> ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
<br /> DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH
<br /> THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
<br /> DEBTOR HEREUNDER.
<br /> INSURANCE CANCELLATION: If I have requested insurance in this purchase,I may cancel such request for insurance for any reason within�fteen(15) days from
<br /> the date of this contract by notifying you or the holder of this contract in wr�hng.I know that the cancella[ion of my coverage will be arranged with the insurance carrier(s)
<br /> and a fufl refund of my premium(s)together with applicable finance charge will be credited[o this contract.
<br /> PLEASE NOTE:If 1 have requested insurance in this purchase,I will receive within thirty(30)days a certificate of insurance more fully describing the insurance coverage.
<br /> I know that if there is any conflict in the coverage or the language of the certificate of insurance and the following Notice of Proposed Insuraoce that I am covered only to
<br /> the extent stated in the following Notice of Proposed Insurance. I also know that I have insurance coverage only if I have been charged for it.
<br /> NOTICE OF PROPOSED INSURANCE
<br /> I tuke notice that either Credit Life or Credit Accident and Health Ins�rance,or both,will be applicable to this lns[allment Sales Contract only if I have chosen it by
<br /> signing the request for such insurance.This insurance will only cover the person signing the request at the cost for each type of insurance shown. Subject to accePtance
<br /> by the insurance company, the insurance will be effective as of today and will continue only for the number of months after the effective date equal to the number of
<br /> monthly payments.I understand that this particular insurance may not provide coverage for my last few paXments,and that during that period of time 1 will not have any
<br /> insurance coverage.All benefits and proceeds of the insurance will be paid to you or to a financial instituhon if it purchases the Installment Sales Contract to the extent
<br /> of its interests and any balance will be payable to me.The initial amount of Credit Life Insurance is the amount required to repay the Total of Payments;thereafter,the
<br /> insurance decreases by the amount of each monthly payment on a scheduled 30 day basis. If I am'ointly obligated on the Installment Sales Contract with a Co-Bu�er,and
<br /> we have both signed the request for Credit Life Insurance,death benefits will be payable only wit�respect to the first one of us to die.Subject to exclusions,eliminations
<br /> or waiting period stated in the insurance policy or certificate,Credit Accident and Health Insurance is for the benefit amount of I/30th of each month's payment for each
<br /> day that I am totally disabled due ro an injury or sickness while 1 owe any payment to you;however, I understand that 1 have to be Prevented from workmg due ro such
<br /> total disability for more than four[een (14)consecutive days before the insurance benefit is paid back to the first day of my total disability. I also know that I cannot
<br /> obtain any insurance from you if I am over 65 years of age today,and I also know that the insurance coverage provided to me may contain a maximum amount
<br /> of coverage which will not pay in some cases,the entire amount that I owe�ou.Due tb the maximum amount of covera�e stated in the insurance policy, I know that
<br /> any unpaid amount in excess of the insurance coverage will still have to be Paid. If the Installment Sales Coutract is prePaid in full prior to the last payment date, any
<br /> unearned insurance premiums will be refunded to me in the manner prescribed by law Within thirty(30)days,I will receive the certificate of insurance more fully describing
<br /> my insurance coverage. If the insurance is no[accepted by the insutance company, I will receive a refund of the insurance premiums I have paid.
<br /> 7039 SM-101-NE-B/IF PAGE4
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