Whereas the parties herein, namely, New Auto Negotiators LLC, as a customer you hereby enter this Agreement, Release and Waiver of Warranty, after exchanging good and valuable consideration as set forth herein and as otherwise agreed between them, and agree to the following:
1. Each party acknowledges and agrees that no employer-employee relationship exist between the parties, no principal-agent relationship exist between the parties which would bind either party to any obligation unless ratified in writing by the other party and no warranty, expressed or implied, has been exchanged from either party to the other.
2. Each party herein understands and agrees that Company has been engaged by Customer solely for the purpose of obtaining, if available, the automobile requested by Customer and the desired price, or better price, as requested and desired by Customer. No guarantee, expressed or implied, is made by Company to Customer that the described automobile requested by Customer can be obtained for Customer at the desired price. In consideration of such, the Customer agrees to pay Company the sum of three hundred Ninety-Nine ($399) Dollars for its services. A Fifty ($50) Dollar non-refundable deposit due on the day of agreement and the remaining Three Hundred Forty-Nine ($349) Dollars will be due on the day of closing.
3. Customer understands and agrees that Company has not made and will not make, nor shall Customer require Company to make, any promises as the fitness for use of the automobile, if any, purchased by Customer by and through and/or facilitated by Company.
4. Any claim made related to the automobile, for breach of contract, warranty, damages, fitness, injury and/or other claim, known or unknown, shall be solely between the Customer and the Seller of the automobile found for Customer for subsequent purchase by Company.
5. Customer expressly claims and asserts that no relationship of any kind exists between the parties which would give rise to any legal claim, in law or equity, by Customer against Company.
6. In the event Customer fails to pay Company as set forth in paragraph 2 above, Customer agrees that he/she/it shall be liable for all compensatory damages and other damages suffered by The Company and may include but not be limited to obtaining an injunction from a court of competent jurisdiction restraining such breach or further damages and/or to specific performance of any such provision of this agreement. Further, Customer agrees that he/she/it will be liable for all attorney's fees, litigation expenses or other costs incurred by The Company in relation to enforcing this agreement and/or successfully defending this agreement.
7. This Agreement shall be construed under the laws of the state of Mississippi and any litigation related to the same shall be in the court of competent and proper jurisdiction in the Second Judicial District of Harrison County, Mississippi.
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