Used Sales Agreement - Tumbleweed Houses

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ERROR: Type of sale is not specified. Please select "Off the lot" or "Special Order"
Sales Agreement
This Sales Agreement (“the Agreement”) is made and entered into on ___________________________ (the “Effective Date”) between Tumbleweed Tiny House Company, a Colorado Dealer, having its principal place of business at 1450 Valley Street Colorado Springs, CO 80915 (“Seller”) and ___________________________ (“Buyer”). Either party may be referred to individually as the “Party” or collectively as the “Parties.”
This Sales Agreement (“the Agreement”) is made and entered into on ___________________________ (the “Effective Date”) between Tumbleweed Tiny House Company, a Colorado Dealer, having its principal place of business at 1450 Valley Street Colorado Springs, CO 80915 (“Seller”) and ___________________________ and ___________________________ (“Buyer”). Either party may be referred to individually as the “Party” or collectively as the “Parties.”
This Sales Agreement (“the Agreement”) is made and entered into on ___________________________ (the “Effective Date”) between Tumbleweed Tiny House Company, a Colorado Dealer, having its principal place of business at 1450 Valley Street Colorado Springs, CO 80915 (“Seller”) and ___________________________ at ___________________________ (“Buyer”). Either party may be referred to individually as the “Party” or collectively as the “Parties.”
Buyer
Name: ___________________________
eMail: ___________________________
Phone: ___________________________
Address: ___________________________

Buyer
Name: ___________________________
eMail: ___________________________
Phone: ___________________________
Address: ___________________________

Buyer
Name: ___________________________
eMail: same
Phone: same
Address: same

The Parties Agree as Follows:
Seller is selling a 2019 Tumbleweed ___________________________ with VIN: ___________________________. Herein referred to as ''the Tumbleweed''.
Buyer agrees to pay therefore according to the terms of this SALES AGREEMENT.

NOTICE TO BUYER: If you sign this Agreement in person, by mail, or electronically, you are entering into a Binding Contract that is enforceable according to the terms of this Agreement. Buyer agrees to purchase the Tumbleweed in consideration of all of the mutual covenants and obligations contained herein.
1. PRICE AND PAYMENT
Buyer shall pay to seller the total of ___________________________ as follows:

Price of the Tumbleweed:
D&H Fees:
Delivery Fees:
Loan Fees*:
Registration**:
Taxes**:
Total:

$0.00
$0.00
$0.00
$0.00
1. PRICE AND PAYMENT
Buyer shall pay to seller the total of ___________________________ as follows:

Price of the Tumbleweed:
D&H Fees:
Delivery Fees:
Loan Fees*:
Taxes**:
Total:

$0.00
$0.00
$0.00
1. PRICE AND PAYMENT
Buyer shall pay to seller the total of ___________________________ as follows:

Retail Price:
Discount:
Discounted Price:

D&H Fees:
Delivery Fees:
Loan Fees*:
Taxes**:
Total:

$0.00
$0.00
$0.00
1. PRICE AND PAYMENT
Buyer shall pay to seller the total of ___________________________ as follows:

Retail Price:
Discount:
Discounted Price:

D&H Fees:
Delivery Fees:
Loan Fees*:
Registration**:
Taxes**:
Total:

$0.00
$0.00
$0.00
$0.00
1. PRICE AND PAYMENT
Buyer shall pay to seller the total of ___________________________ as follows:

Price of the Tumbleweed:
D&H Fees:
Delivery Fees:
Loan Fees*:
Taxes**:
Total:

$0.00
$0.00
$0.00
*Some lenders add loan fees to their loans. This is typically around $3,500 and is added to the loan balance due.
*Lenders loan fees are estimated. Actual fees will be calculated by lender when loan docs are written. Total costs will be adjusted based on actual loan fees.
**Seller is collecting taxes. Actual taxes may vary. If there are additional costs for taxes and registration fees, it is the buyer's responsibility to pay those.
**Price does not include sales tax and registration to be paid by buyer.
Payment Schedule Amount Due
Initial Deposit 3 days from the Effective Date
Increased Deposit before delivery
Increased Deposit before delivery
Increased Deposit before delivery
Final Payment Due from Lender
Final Payment 1 week after construction begins
Final Payment 1 week after construction begins
Final Payment 2 weeks before delivery
Ready to ship by date: error to error. Completion is dependent upon timely payment(s) and cooperation from buyer. Seller will refund the buyer a total of $75 per day if the Tumbleweed is not ready to ship on schedule through no fault of the buyer.
Ready to ship by date: Now
Ready to ship by date: Now
Payments may be made in the form of a check, cashier’s check, money order or wire transfer. Instructions for wire transfers are as follows. All payments are non-refundable upon receipt.

Wire Instructions:

Bank:
For Credit to:

Routing Number:
Account Number:
Account Type:
JP Morgan Chase
Tumbleweed Tiny House Company
1450 Valley Street, Colorado Springs, CO 80915
102001017
506185704
Checking

a. FINANCING: If buyer is obtaining Buyer’s own financing, buyer shall provide to seller an unconditional, binding Commitment Letter, and an Insurance Certificate with proof of coverage, subject to acceptance and verification by Seller, as a guaranty of payment in the sole discretion of Seller.

If Buyer is using one of Seller's approved lenders:

Seller is not responsible for any changes to the buyer’s credit or ability to obtain financing. SELLER IS ALSO NOT RESPONSIBLE FOR ANY CHANGES LENDER MAY MAKE TO THE TERMS OF BUYER’S LOAN, INCLUDING BUT NOT LIMITED TO, ANY CHANGE IN INTEREST RATE. SELLER WILL CALL AND VERIFY THE LENDER COMMITMENT – IF YOUR CREDIT OR CIRCUMSTANCES CHANGE YOU MAY NOT ACTUALLY HAVE YOUR LOAN FUNDED.

b. BUYER HEREBY GIVES PERMISSION FOR SELLER TO INVESTIGATE ANY LENDER:

AUTHORIZATION TO OBTAIN CREDIT VERIFICATION AND REPORTS

I, the Buyer hereunder, hereby authorize Seller to obtain any Credit investigation reports on me in connection with my purchase and financing of the Tumbleweed mentioned herein, for purposes, including, verification of credit, loan process, loan approval and loan commitment.

I understand and agree that such investigation reports may include information concerning my creditworthiness, credit standing, credit capacity, and that such investigation may be recorded by credit reporting agencies such as Equifax, and others.

I release Seller and its agents from all liability, claims, and lawsuits with respect to the information obtained from any or all of the sources used by Seller.

I also understand that this authorization is a continuing authorization and will remain valid until such time as I inform Seller in writing, that I wish to revoke this authorization, or this agreement is terminated.

c. Late Fees: $100 per day for each day the RV is in their possession and the loan has not funded due to delays created by Buyer. For lenders that require a phone call after delivery, buyer agrees to complete the lender phone call within 24 hours of delivery. Delays include buyer requesting to delay shipment once the Tumbleweed is ready to ship.
A late fee of $75 per day will be due for each day payment is delayed due to buyer requesting a later delivery date. Note that pre-built units are ready to ship now and will come with a 7 day grace period from the execution date.
d. Renderings and Change Orders: Buyer will receive detailed renderings of the Tumbleweed. Upon receiving those renderings, buyer will have 5 days to make any changes without incurring a "Change Order Fee". Change Fees are separate from additional charges incurred by changing the final product. Any changes made after that period will come with an additional fee of $500 within 30 days of the execution of this agreement. After 30 days, change orders may not be possible or incur substantially higher fees.

e. Custom Work: In the event the buyer is ordering custom work, there will be design and oversight fees ranging from $1,000 to $10,000 depending on the work, and agreed upon in writing.
2. PICKUP; RISK OF LOSS
Buyer will pick up the Tumbleweed from 1450 Valley St., Colorado Springs, CO 80915. Seller shall assume all risk of loss or damage on the Tumbleweed until Buyer attaches the Tumbleweed to Buyer's vehicle or 60 days after completion, whichever is sooner.
2. PICKUP; RISK OF LOSS
Buyer will pick up the Tumbleweed from 1450 Valley St., Colorado Springs, CO 80915. Seller shall assume all risk of loss or damage on the Tumbleweed until Buyer takes possession, or 60 days after the effective date, whichever is sooner.
2. PICKUP; RISK OF LOSS
Seller will deliver the Tumbleweed to Buyer at an address to be provided by buyer at a later time and in the state specified in the Dealer Invoice. Seller shall assume all risk of loss or damage on the Tumbleweed until Buyer takes possession.
2. DELIVERY; RISK OF LOSS
Seller will deliver the Tumbleweed to Buyer at an address to be provided by buyer at a later time and in the state specified in the Dealer Invoice. Seller shall assume all risk of loss or damage on the Tumbleweed until Buyer takes possession.
b, Upon delivery, buyer must call lender at 855-731-2450 to confirm receipt of the Tumbleweed before receiving the keys.
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3. INSURANCE
a. Seller is not responsible for supplying Buyer with insurance. Buyer acknowledges and accepts their responsibility to obtain insurance for their Tumbleweed while under the care, custody or control of the Seller, before pickup or delivery.
b. A Certificate of Insurance that shows proof that the Tumbleweed is and will be insured MUST be provided to Seller before we will allow Buyer to pick up the Tumbleweed and take it away.
c. Proof of Insurance is required before any Temporary Plates, License Tags or any other State issued vehicle license can be obtained under Colo.Rev.Stat. 24-32-902 or others in any state or country.

4. TERMINATION
The term of this Agreement shall commence on the Effective Date and expire upon the satisfaction of all of the following:
a. Seller receives payment in full of the purchase price
b. The Tumbleweed has been delivered to the Designated Location
c. Buyer has accepted delivery / picked up the Tumbleweed
d. In the event of an act or omission by either Party constituting a material breach or default of this Agreement, the non-defaulting Party may terminate this Agreement for breach. The following terms and conditions shall survive any expiration or termination of this Agreement: Sections 7 through 11.

5. FORCE MAJORE
The failure of Seller to perform any obligation pursuant to this Agreement by reason of “acts of God,” including, but not limited to, acts of governments, terrorism, strikes, political upheaval, riots, wars, accidents, or delays, availability, or deficiencies in materials or transportation, or other causes of any nature beyond its control shall not be deemed to be a breach of this Agreement.

6. “AS-IS”. NO WARRANTY; DISCLAIMER
Seller can make no guarantee that Buyer will be able to use the Tumbleweed for its intended purposes, PLEASE CHECK YOUR LOCAL CODES AND STATUTES. THIS RECREATIONAL VEHICLE IS DESIGNED TO PROVIDE TEMPORARY ACCOMMODATION FOR RECREATION, CAMPING, TRAVEL OR SEASONAL USE. IT IS NOT DESIGNED FOR PRIMARY RESIDENCY, AND IN SOME LOCATIONS, CANNOT BE LEGALLY USED AS A PRIMARY RESIDENCE FOR PERSONAL USE.
SELLER MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND THAT BUYER WILL BE ABLE TO USE THE TUMBLEWEED FOR ANY PARTICULAR PURPOSES. THERE ARE NO WARRANTIES. BUYER TAKES THE TUMBLEWEED “AS IS” AND “WITH ALL FAULTS.” SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY ARISING BY OPERATION OF LAW OR STATUTE, COURSE OF DEALING, USAGE, TRADE PRACTICE OR PERFORMANCE. THERE IS NO IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF NON-INFRINGEMENT. PLEASE CHECK YOUR LOCAL CODES AND STATUTES IF ANY LIMITATIONS MAY APPLY.

NO WARRANTIES AFTER AGREEMENT SIGNED. AFTER THIS AGREEMENT IS SIGNED, ANY AFFIRMATION OF FACT OR PROMISE, ANY DESCRIPTION OF THE TUMBLEWEED OR ANY PART OF IT, OR ANY SAMPLE OR MODEL PROVIDED FOR INSPECTION MADE BY ANY EMPLOYEE OR AGENT OF SELLER TO THE BUYER WHICH RELATES TO THE TUMBLEWEED, IS AGREED DO NOT FORM ANY PART OF THE BASIS OF THE BARGAIN FOR THE RV AND DO NOT CREATE ANY EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO SUCH AFTER-SIGNED (POST EXECUTION) PROMISES, DESCRIPTIONS OR SAMPLES OR MODELS. THERE IS NO IMPLIED WARRANTY WITH REGARD TO DEFECTS WHICH AN EXAMINATION BY THE BUYER OUGHT, IN THE CIRCUMSTANCES, AND AFTER INSPECTION, TO HAVE BEEN REVEALED TO BUYER [C.R.S. 4-2-316 (2016) AND OTHER APPLICABLE LAWS].

7. GOVERNING LAW – VENUE FOR DISPUTES
The parties hereto agree that this agreement shall be subject to the jurisdiction and venue in the appropriate state and U.S. courts in El Paso County, Colorado, and it is agreed to be governed, construed, interpreted and enforced under the internal laws of the State of Colorado, irrespective of its choice of law principals.

8. MEDIATION
Buyer and Seller agree to initially mediate any dispute or claim arising from this Agreement, or any resulting transaction in El Paso County, Colorado. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if the attorney’s fees would have been otherwise available to that party in any such action.

9. ENTIRE CONTRACT; CHANGES
All understandings between the parties are incorporated in this Agreement. The terms of this Agreement are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or prior or contemporaneous oral agreement or representation. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing signed by Buyer and Seller.

10. SURVIVAL OF TERMS
Notwithstanding the foregoing, all provisions hereof relating to the Party’s Proprietary Rights, Confidentiality, Non-Disclosure, Governing Law, No Reproduction Rights, and Mediation, shall survive any termination or expiration of this Agreement.

11. NO REPRODUCTION RIGHTS
This sale does not give the buyer any rights to reproduce, distribute, or make any other use of the TUMBLEWEED® Trademark and logo, any plans, specifications, instructions, manuals, photographs or other such materials supplied with your Tumbleweed without our express written permission. Buyer may not build any similar product, which is a proprietary design of Tumbleweed Tiny House Co. Buyer agrees that he/she/ it will not reverse-engineer any Tumbleweed for any reason.

BUYER

Signature: ______________________________

Date: ________________

SELLER
Tumbleweed Tiny House Company

Signature: ______________________________
by: , Manager

Date: ________________

Payment Schedule	Amount	Due
Initial Deposit		3 days from the Effective Date