Magnum Venus Plastech PRO AND SUPER PRO CHOPPER VRC-1000_2000_3000 User Manual
Page 6
Pro & Super Pro Chopper Manual
Rev. 02/2013
Page | 6
22.
JURISDICTION AND VENUE: The parties hereby irrevocably submit to the jurisdiction of the state courts of the State of Florida
and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purpose of any suit, action, or other
proceeding related to, arising out of or based upon these Terms & Conditions or in any way related to, arising out of or involving sale
of Goods hereunder; waive and agree not to assert by way of motion, as a defense, or otherwise, in any such suit, action, or
proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or
immune from attachment or execution, that the suit, action, or proceeding is brought in any inconvenient forum, that the venue of the
suit, action, or proceeding is improper, or that these Terms & Conditions or the subject matter hereof may not be enforced in or by
such court; and waive and agree not to seek any review by any court of any other jurisdiction which may be called upon to grant an
enforcement of the judgment of any such Florida state or federal court. The parties hereby consent to service of process by
registered mail at the address to which notice is to be given. The exclusive venue for any proceeding under these Terms &
Conditions shall be solely in any state court in Pinellas County, Florida, or the Federal District Court for the Middle District of Florida,
Tampa Division, sitting in Tampa, Florida. Buyer acknowledges that the prices for Goods offered hereunder are in part dependent
on Buyer’s consent to jurisdiction in Florida and exclusive venue in Pinellas County, Florida or the Federal District Court for the
Middle District of Florida, Tampa Division, sitting in Tampa, Florida, and without Buyer’s consent to this jurisdiction and venue
provision the prices for the Goods may be higher.
23.
GENERAL: Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage
of trade not contained herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for
any reason, such provision shall be automatically voided and shall not be part of these Terms & Conditions and the enforceability or
validity of the remaining provisions of these Terms & Conditions shall not be affected thereby.
TO THE EXTENT NOT CONTRARY TO APPLICABLE LAW, THE FOLLOWING SHALL APPLY:
24.
Buyer waives any available homestead exemption as well as any and all requirements or rights with regard to notice, demand,
presentment, or protest and appoint any employee or attorney of Seller to appear in any court of competent jurisdiction for the
purpose of confessing judgment for all amounts due Seller pursuant to these terms and conditions.
25.
Buyer hereby waives all rights to notice, judicial hearing or prior court order in connection with Seller’s obtaining any prejudgment
remedy in connection with said transactions or extensions of same. Buyer also waives any and all objection which Buyer might
otherwise be able to assert now or in the future to the exercise or use by Seller of any right of setoff, repossession or self-help as
may presently exist under statute, including the Uniform Commercial Code and common law.
IMPORTANT NOTICE: THIS INSTRUMENT PERMITS SELLER TO OBTAIN AND USE YOUR INDIVIDUAL CREDIT HISTORY FOR
CREDIT EVALUATION PURPOSES. THIS INSTRUMENT FURTHER CONTAINS A CONFESSION OF JUDGMENT PROVISION AND
OTHER WAIVERS, WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE, AND IF YOU DO NOT PAY ON TIME,
ALLOWS SELLER TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE OR YOUR PRIOR KNOWLEDGE. BY
ACCEPTING THESE TERMS YOU GIVE UP YOUR RIGHT TO NOTICE AND TRIAL. THE POWERS OF THE COURT CAN BE USED TO
COLLECT THE AMOUNT DUE REGARDLESS OF ANY CLAIMS YOU MAY HAVE WHETHER FOR RETURNED OR FAULTY GOODS,
FAILURE BY SELLER TO COMPLY WITH THESE TERMS & CONDITIONS, OR ANY OTHER CAUSE.