IT IS AGREED BETWEEN THE PARTIES
1. The title in the said articles shall remain in Seller, and the Purchaser's risk until full payment of the purchase price and interest, as herein provided, and all monies due hereunder or any renewals or extensions thereof, or of said note or under any Judgment recovered in respect of said note or contract shall have been paid. The said articles shall be kept at the Purchaser's above address and shall not be removed without the consent of the Seller and the Purchaser shall not sell or transfer any interest in the property or contract until the full payment if the purchase price is made.
2. Delivery and installation is to be made as soon as possible and the Seller shall not be liable for failure to perform this agreement in whole or in part, if prevented by acts of God, public enemies, storms, fires, strikes, boycotts, unavoidable accidents, embargoes, shortage of labour, emergency regulations or other causes beyond its control.
3. No work or alterations are to be done on the property unless specified and listed on this contract.
4. The said goods shall remain personal or movable property and shall not be deemed part of the realty, even though affixed thereto, and whether or not placed upon a permanent foundation.
5. Acceptance by the Seller of any renewal or collateral notes or the recovery of any Judgment against the purchaser shall in no way affect the rights of the Seller to repossession and sale of the articles and loss or destruction of the articles shall not release the Purchaser from payment in full.
6. Time is of the essence of this agreement, and should the Purchaser make default in payment hereunder, or violate any of its terms, or become bankrupt or insolvent, or sell or dispose of the said articles contrary to the provisions of this agreement, all installments shall immediately become due and payable, and the Seller may forthwith take possession of the articles, and any accessories added thereto, without legal proceedings, and for such purpose may enter any premises without notice and shall not be responsible for any damage caused thereby.
7. The Seller may keep the said articles and retain all monies paid on account thereof as liquidated damages and not as penalty, or may sell same at public or private sale, the surplus, if any, to be paid to the Purchaser, and in case of deficiency, the Purchaser shall be liable to pay such deficiency.
8. The Purchaser shall be liable for all costs of collection and other charges incurred as a result of default in payment.
9. All warranties, conditions and guarantees express or implied far the products herein sold are set out in the within the contract and the aprties by their signatures hereto specifically exclude the provisions of the Sales of Goods Act, R.S.O. 1980 and amendments and any other Provincial or Dominion Statutes which can be excluded from the within contract and this clause may be pleaded as an estoppel by the vendor.
The contract after its acceptance by the Vendor may not be cancelled by the Purchaser after the period provided in the Consumer Protection Act and the Purchaser shall be liable for the full contract price whether or not the Purchaser accepts delivery of the within goods. The Purchaser acknowledges receipt of a true copy hereof.