1.01 “Cash Price” shall mean the publicly displayed and advertised retail price of a vehicle available to all customers, excluding any discounted prices, credited rebates, or reduced prices available in connection with any available promotional offers.
1.02 “Customer” is the purchaser of the Vehicle, except the term does not include a partnership or corporation or any individual intending to use the Vehicle for commercial use.
1.03 “Company” means any dealership now operating or operating in the future under the Company umbrella. This presently includes, but is not limited to, Weslaco Motors LP, Ed Payne Motors LLP, Weslaco Ford LP, Payne Imports LLP, Payne Brownsville Inc, Payne Rio Ford LLC, or any such entity operating under an assumed name.
1.04 “Day” or “Days” means any calendar day including a Saturday or Sunday or any U.S. Federal Holiday. For the purpose of this 3-Day Exchange Policy, the first Day of the 3-Day period shall be inclusive of the Day Customer purchases the Vehicle from Company.
1.05 “Replacement Vehicle” means a vehicle with the same or higher Cash Price as that of the Return Vehicle.
1.06 “Return Vehicle” means a Vehicle presented for exchange under this 3-day Exchange Policy with additional mileage of three hundred (300) miles or less from the Day Customer purchased the Vehicle and in substantially the same condition as the Day Customer purchased the Vehicle.
1.07 “Vehicle” is a new or used passenger car, truck or van purchased from the Company.
2.01 Company will exchange a Customer’s Return Vehicle for a Replacement Vehicle within three (3) Days from the date of Customer’s purchase of the Return Vehicle.
2.02 Any exchange under this 3-day Exchange Policy shall be subject to approval from third-party lenders financing any part of the Cash Price of the Return Vehicle or the Replacement Vehicle.
2.03 If the Return Vehicle is a new vehicle, the Replacement Vehicle is required to be a vehicle produced by the same manufacturer as the Return Vehicle and must be sold from the inventory of the same dealership of Company as the Return Vehicle.
2.04 Company reserves the right to modify the terms and conditions of this 3-day Exchange Policy from time to time. In the event of any dispute as to the interpretation of these terms and conditions, the application of the same or otherwise, the decision of Company shall be final.
2.05 Company shall not be liable for any claims, demands, damages, expenses or costs (including, without limitation, legal costs) incurred or made against it howsoever arising, whether directly or indirectly from the 3-day Exchange Policy.
2.06 A person who is not a party to the 3-Day Exchange Policy shall not have any rights under or in connection with it.
2.07 This 3-day Exchange Policy is governed by the laws of the State of Texas, and all obligations of the parties created hereunder are deemed performable in Hidalgo County, Texas.