Index

Terms & Conditions

By this Purchase Order, Purchaser is reserving a Shelby CSX-6K Series starter kit consisting of the components and parts listed on order form which is part of this agreement. The Shelby CSX-6K Series Starter kit being purchased will bear a Shelby assigned chassis number. Purchaser acknowledges and agrees that the sale does not include an engine, drive-train, suspension, steering, brake system, fuel system or main wiring harness. The Purchase Price is exclusive of Nevada sales tax or use tax imposed by any other jurisdiction.

Shelby is manufacturing The Shelby CSX-6K Series starter kit at the specific request of Purchaser, who agrees to pay to Nevada Classics, LLC, hereinafter referred to as “Nevada Classics”, upon execution of this Purchase Order, a non-refundable Initial Cash Deposit, in an amount to be determined at the time of sale, the purpose of which is to reserve a starter kit for delivery to Purchaser. Within fifteen (15) days of Nevada Classics giving written notification that Hi-Tech has completed production of the Shelby CSX-6K Series starter kit sold under this Purchase Order, Purchaser shall pay to Nevada Classics the balance due (a.k.a.: “Final Payment”) under this agreement.

The final payment due on the Purchase Price shall be the unpaid balance of the Purchaser Order. Purchaser agrees to pay the “Final Payment” to Nevada Classics in US funds within fifteen (15) days of Nevada Classics giving written notice that The Shelby CSX-6K Series starter kit had been completed and is ready for shipment from the Hi-Tech factory. If Purchaser fails to make this Final Payment within the fifteen (15) days of the notice, Purchaser shall be in material breach of this Purchase Order, and if Purchaser fails to cure said breach within thirty (30) days Purchaser agrees that (I) Nevada Classics shall be forever relieved of and discharged from any obligation to Purchaser under this Purchase Order, including, but not limited to, any obligation to produce or deliver The Shelby CSX-6K Series Starter kit to Purchaser, and (II) Purchaser specifically waives any claim(s) or right(s) of action whatsoever against Nevada Classics, Inc. and Shelby, or any of their employees, agents or representatives, for the refund or return of any amounts paid to Nevada Classics under this Purchase Order, and Nevada Classics shall be entitled to keep and retain the Total Cash Deposit as liquidated damages, it being understood and agreed in this regard that the Total Cash Deposit shall be presumed to be the amount of damage sustained by said breach because the fixing of actual damage would be impracticable or extremely difficult.

Hi-Tech’s obligation to commence production of the Shelby CSX-6K Series Starter kit for Purchaser is conditioned upon Purchaser paying to Nevada Classics the Initial Cash Deposit. Further, Nevada Classics’s obligation to deliver The Shelby CSX-6K Series Starter kit to Purchaser is conditioned upon Purchaser making timely payment of all payments required under this Purchase Order.

Purchaser’s obligation to pay to Nevada Classics the Initial Cash Deposit shall be contingent upon Nevada Classics accepting this Purchase Order. Purchaser’s obligation to pay the Initial Cash Deposit and the Final Payment to Nevada Classics shall be contingent upon Nevada Classics giving Buyer the written or email notices called for above.

The Shelby CSX-6K Series starter kit shall be delivered to Purchaser within ten (10) days of receipt of import approval from Transport Canada after making Final Payment of the Purchase Price to Nevada Classics. The Shelby CSX-6K Series starter kit is being sold F.O.B. Las Vegas, Nevada, at Nevada Classics’ facility at Las Vegas Motor Speedway. Nevada Classics shall arrange for delivery to Purchaser at this point. If Purchaser instructs Nevada Classics to ship The Shelby CSX-6K Series Starter kit, then shipping will be coordinated by Nevada Classics for delivery to a location in Canada at the specific request of Purchaser. Risks of loss will pass to Purchaser upon Nevada Classics’ delivery to Purchaser F.O.B. any Canadian province.

Shelby warrants that the parts and components comprising the Shelby CSX-6K Series Starter kit sold under this Purchase Order will be free from defects in material and workmanship for a period of six (6) months from the date of delivery from Nevada Classics to Purchaser, and this warranty will be limited to the repair and replacement of parts and components which Purchaser can show were defective upon delivery to Purchaser.

Modification of, or damage to, any of the parts or components delivered to Purchaser during final assembly by or under the direction of Purchaser or any third party performing such final assembly on behalf of Purchaser, voids any warranty by Shelby and Nevada Classics, whether expressed or implied. IT IS EXPRESSLY AGREED THAT THIS WARRANTY WILL BE IN LIEU OF ALL WARRANTIES OF FITNESS AND IN LIEU OF THE WARRANTY OF MERCHANTABILITY.

It is expressly understood and agreed that it shall be Purchaser’s responsibility to assemble the parts and components of the Shelby CSX-6K Series Starter kit, and that parts and components necessary to complete the construction are not sold by Nevada Classics. Assembly and installation of these components are installed therein at the at Purchaser’s option, it is not at the request or under the direction of Nevada Classics. It is also understood and agreed that it shall be Purchaser’s sole responsibility to direct Nevada Classics, or any independent assembler engaged by Purchaser, to complete the assembly of the Shelby CSX-6K Series starter kit. It is understood and agreed that Nevada Classics is not responsible for any errors, omissions or construction defects of or by the Purchaser or independent assembler.

Purchaser indemnifies and agrees to defend and hold Nevada Classics harmless from and against any and all claims, demands, and causes of action and actions, and from all resulting judgments, liabilities, losses, costs and expenses arising from any use by Purchaser of the Shelby CSX-6K Series starter kit, or any of it parts or components, occurring after the date Nevada Classics makes delivery of the Shelby CSX-6K Series Starter kit to Purchaser under this Agreement. If either Nevada Classics or Shelby becomes aware of a claim or demand which is within the scope of the forgoing indemnity obligation, Nevada Classics or Shelby shall give the Purchaser written notice of such claim or demand with reasonable promptness after learning thereof.

The interpretation, enforceability and validity of this Purchase Order, and provisions, as well as the rights and duties under this Purchase Order, shall be constructed pursuant to and in accordance with the laws of the State of Nevada, and the venue for any dispute arising out of or under this Agreement shall be the state or federal courts located in the County of Clark, State of Nevada, at Nevada Classics’ sole option. If any legal action is brought to enforce or interpret the provisions of the Purchase Order, the prevailing party shall be entitled to recover its reasonable attorney’s fees from the other party.

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