Preview
FILED: SUFFOLK COUNTY CLERK 06/18/2024 03:40 PM INDEX NO. 614946/2024
NYSCEF DOC. NO. 2 Copy of ElectroniC Original RECEIVED NYSCEF: 06/18/2024
Not required to mail or fax thiS Copy to Credit ACCeptance
RETAIL INSTALMENTCONTRACT
ACCOUNT
# LOT# WM4
BuyerNameand Address Buyer Nameand Address Creditor-Seller Nameand Address
WILLIAM VOLLKOMMER N/A FRONTLINEAUTO SALES, INC
5 MACNIECEPL
869 ROUTE 109
DIX HILLS, NY 11746 WESTBABYLON, NY 11704
"You" "Your" "We"
and meaneach Buyer above,
jointly and severally. "Us", and mean Creditor-Seller and Creditor-Seller's assignee You may buy the Vehicle
described below for cash or credit. The cash price is shown on Page 2 as the "Cash Price". The credit price is shown belowas "Total Sale Price". You have agreed
to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge delive and ameptance of the Vehicle in good Sndition and repair. You promise
to pay Us all amounts due underthis Retail Instalment Contract ("Contract"), including e Total Sale Price, in accordance with the payment schedule shown in the
Truth in Lending Disclosures below. You also agree to the terms and conditions below (including the Truth in Lending Disclosures) and on the additional pages
of this Contract. You agree to pay Us a credit serviS charge at the Annual Percentage Rate shown below. The Annual Percentage Rate may be negotiable with Us.
Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading
Used 2012 Ford Fusion 4D Sedan BLUE 3FAHPOHG3CR213048 104,8 5 2
TRUTHIN LENDINGDISCLOSURES
Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The total cost of Your
purchase on credit,
RATE The dollar amount The amount of credit The amount You will
the credit will cost provided to You or on have paid after You including Your
The cost of Your down payment of
credit as a yearly You. Your behalf. have madeall payments
rate.
as scheduled· 2 , 8 0 O . 00 is
7,764.13 $
22 . 99% $
$21,
$ 11,235.47 $ 18,999.60 799 . 6O
Payment Schedule: Your payment schedule will be:
No of Payments Amount of Payments When Payments Are Due
$
$
60 $ 316 . 66 Monthly beginning November 22, 2019
OBEMEEEEGER&Bt0
ORI
Additional Information: Please read this this Contract for any additional
in full before the scheduled date, and prepayment refunds and penalties.
information about nonpayment, default,
a l NAL
any required repayment
LIABILITY FORBODILYINJURYANDPROPERTY
INSURANCECOVERAGE CAUSEDTOOTHERSIS
DAMAGES
NOTINCLUDED.
INSURANCE:You must insure the Vehicle securing this Contract. YOUMAYPURCHASE
PROPERTY ORPROVIDETHEINSURANCETHROUGH
ANYONEYOUCHOOSEWHOIS REASONABLY ACCEPTABLE TOUS, as more fully described on page 3.
ARBITRATION: This Contract contains an Arbitration Clause that states You and Wemay elect to resolve any dispute by arbitration
and not by court action. See the Arbitration Clause on Page 5 of this Contract for the tull terrns and conditions of the Arbitration
Clause. By initialing below, you confirm that you ave read, understand and agree to the terms and conditions in the Arbitration
Clause.
Buyer initials: Buyer Initials:
YOUSEEONTHEWINDOW
USEDCARBUYERSGUIDE THEINFORMATION FORMFORTHIS VEHICLE IS PARTOF THIS CONTRACT.
ONTHEWINDOW
INFORMATION FORMOVERRIDESANYCONTRARY IN THECONTRACT
PROVISIONS OF SALE.
Gufa para compraÂIores de vehiculo_ usados. La información que ve en el formulario de la ventanilla para este vehÃculo forma parte del presente
contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
ADDITIONALTERMSANDCONDITIONS: THEADDITIONAL TERMSANDCONDITIONS, INCLUDINGTHE ARBITRATION CLAUSE, SET
FORTHONTHE ADDITIONAL PAGESOF THIS CONTRACTAREA PARTOF THIS CONTRACTANDARE INCORPORATED HEREIN BY
REFERENCE
Buyer's Initials
NEWYORKCREDITACCEPTANCE CORPORATION (11-16)
©2012 - 2016 Credit Acceptance Corporation. PAGE1 of 5
Buyer's Initials
All Rights Reserved.
The original retail installment contract is assigned to Credit Acceptance Corporation
This copy was created on 10/22/2019
FILED: SUFFOLK COUNTY CLERK 06/18/2024 03:40 PM INDEX NO. 614946/2024
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 06/18/2024
Not required to mail or fax this copy to Credit Acceptance
ITEMIZATION OF AMOUNT
FINANCED
1Cash Price (including accessories and improvements to the Vehicle) ..... ....... .... .... . .... ...... . . . . ... ... . . $ 10 , 6 99 . 00 (1)
2 Sales Tax .. ............................................................................................................ .. .... . . ....... .. .. ...... .. .. ... .. . ........... .. $ 977. 47 (2)
3 Down-Payment Calculation: Cash DownPayment ......................... . ......... .. . . .. . ....S 2 , B 00. 00 (A)
Deferred DownPayment ............................. .......... ... .... ... S N/A (g)
Trade-in Description: Gross Trade-In..............$__ N/A (C)
Make: N/A
Model: N/A Payoff Madeby Seller. .$ N/A (D)
Net Trade-In (If negative number, Insert
"0"
in line 3(E) and itemize difference in 5(E) below) (C-D) ... $ N/A (E)
Trade-In Description: Gross Trade-In..............$ N/A (F)
Make: N/A
Model: N/A Payoff Madeby Seller...$
N/A (G)
Net Trade-In (If negative
"O"
in line 3(H) and itemize difference in 5(J) below) (F-G) . $
N/A
number, Insert (H)
Other: Manufacturers Rebate ........................................................................................................ $
N/A
Total Down Payment ................................ .........(A + B + E + H+ I) $ 2 , 800 . 00 (3)
4. Unpaid Balance of Cash Price (1+ 2 less 3) ..................................................................................................... ...... ................... $ 8 , 876 . 4 7 (4)
5. Other Charges Including Amounts Paid to Others on Your Behalf:
*(NOTICE: A portion of these charges may be paid to or retained by Us )
A. *Cost of Required Physical DamageInsurance Paid to Insurance Company......... .............. . .......... $
N/A
B. *Cost of Optional Extended Warranty or Service Contract Paid to the Companynamed below......... $ 2 , 097 . 00 (s)
C. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest ...... ..5 N/A (C)
D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration .. ................. $ 140 . 00 (0)
Other Charges (Seller must identify who will receive payment and describe purpose)
E. to N/A for lien or lease payoff ............................ . .... .. . $ N/A (E)
F. *to Admin Fee for DEALERPROCESSING FEE 75 . 00 (p)
G. *to State Safety for STATE SAFETY INSPECTION FEE $ 10 . 00 (G)
H *to NYS Inspection for EMISSION TEST FEE $ 37. 00 (H)
I. *to N/A for N/A N/A (|)
J. to N/A for lien or lease payoff ....... . .. .... ...... ......... ... .... .. S. N/A
Total Charges and Amounts Paid to Others on Your Behalf................................
of Other .... ... . .... . ........... .... .... . ........ $ 2 , 359 . 00 (5)
6. Less Prepaid Finance Charge ............................................................................................... ....................................................... $ N/A (s)
7. Amount Financed - Unpaid Balance (4 + 5 less 6)........................................... ....... ........ .......... . .... . . ............... S 11, 235 . 47 (7)
sac d a i c ig Y e ng h u c tob
extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer
to the optional extended warranty or service contract for details about coverage and duration.
Price $ 2 , 097. 00 Term:30 Mos . \ 30000 Miles Company:Wynn's Extended Care, Inc.
o***G..,,, ,,,d 10/22/2019
Buyer's Signature Date Buyer's Signature Date
NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled
to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount
due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled
in and that You have read it and understand it.
CONTRACT
RETAIL INSTALMENT
Buyer's Signature: x Buyers Signature: x
Seller: FRONTLINEAUTO SALES, INc By: a- Title: AGENT
This Contract is signed and Buyer(s) hereto 22nd day of October 2019
by the Seller this
NEWYORKCREDITACCEPTANCE CORPORATION (11-16)
©2012 - 2016 Credit Acceptance Corporation.
PAGE2 of 5
AII Rights Reserved.
The original retail instaffment contract is assigned to Credit Acceptance Corporation
This copy was created on 10/22/2019
FILED: SUFFOLK COUNTY CLERK 06/18/2024 03:40 INDEX NO. 614946/2024
of Electronic Original PM Copy
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/18/2024
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMSANDCONDITIONS
Security Interest. You give Us a security interest in: 1) The Vehicle and all parts or goods installed in it; 2). All money or goods received
(proceeds) for the Vehicle; 3), AII insurance, maintenance, service or other contracts Wefinance for You; and 4). All
proceeds from insurance.
of all You owe on this
maintenance, service or other contracts Wefinance for You (this includes any refunds of premiums). This secures payment
renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree
to
Contract and in any transfer,
have the certificate of title show our security interest (lien) in the Vehicle.
Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as
stated on Page 1 of this Contract. You agree that Wedo not waive any of our rights by accepting one or more late payments from You.
Bad Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like
instrument given by You to Us that is returned by Your bank because of insufficient funds or because Your bank account was closed.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You will not remove the Vehicle from the United States or Canada without our written permission.
- You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
- You will not expose the Vehicle to misuse or confiscation.
- You will not permit any other lien or security interest to be placed on the Vehicle.
- You will preserve and protect the Vehicle and keep it in good condition and repair
- You will not use the Vehicle in a trade or business without our wntten consent.
- You will not use the Vehicle unlawfully or abandon it If a governmental agency impounds the Vehicle, You will notify Us immediately
and regain possession of the Vehicle Wemay regain possession of the Vehicle and treat it as a default.
- You wiTI pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If Wepay any repair
bills. storage bills. taxes, fines, fees, or other charges on the Vehicle. You agree to repay the amount to Us.
- You will permit Us to inspect the Vehicle at any reasonable time.
- You will promptly sign, or cause others to sign, and give Us any documents Wereasonably request to perfect our security interest.
- You have not madeand will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any
information provided connection with this Contract.
in
- You will promptly Us with any additional personal or financial
provide information concerning You or any information about the Vehicle
that Wemay reasonably request from time to time.
- You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty If You prepay in full, You may be entitled to a refund
credit of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method. Wewill apply the credit
to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, Wewill refund it to You. Wewill retain a
$15.00 acquisition fee before calculating any refund credit as permitted by law. Wewill not credit or refund amounts less than $1.00, If permitted
by applicable law.
If You prepay only a portion of the balance remaining under this Contract. Wewill apply the prepayment to Your account balance, however a
prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this
Contract is paid in full, If You make a partial prepayment Your last payment or payments may be less than the scheduled amount
due.
age1 rance ust rs tg issCootra f , the
ith our me tw; ac a to - e mus ty of in
dlint ra this
do not _ave p ama rs dQs)' th
do not buy p ysical damage insurance whi covers ntere s in t ehi , may, i decide, buy insurance w covers on y our i rest.
Any moneyWeadvance will be secured by the Vehicle.
Weare under no obligation to buy any insurance, but maydo so if Wedesire. If Webuy either of these coverage, Wewill let You know what type it
isand the charge You must pay. The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage
Rate shown on this Contract. You agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment
shown on the Payment Schedule.
If the Vehicle is lost or damaged, You agree that can use We any insurance settlement either to repair the Vehicle or apply to Your account balance.
If applied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as
a partial payment
Optional Insurance Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service
or warranty contracts. if the Vehicle is repossessed, You agree that Wemay claim benefits under these contracts and terminate them to obtain
refunds of unearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge forsimilar required insurance is retumed to Us,
or used to buy insurance which covers only our
itmaybe credited to Your account in accordance with the Prepayment section of this Contract
interestin the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your
account in accordance with the Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if:
- You fail to pay any amount due under this Contract when it is due.
- You break any of Your other promises You made in this Contract
- A proceeding in bankruptcy. receivership or insolvency is started by You or against You or Your property.
If You are in default of this Contract, We
may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice
to You, unless We
are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what
You owe, will give You a refund of part of the Finance Charge figured the same as if You
We had prepaid Your obligation under this Contract in full.
a
Buyer's Initials
NEW YORKCREDITACCEPTANCE CORPORATION (11-16)
© 2012 - 2016 Credit Acceptance Corporation. PAGE3 of 5
Buyer's Initials
AII Rights Reserved.
The original retail installment contract is assigned to Credit Acceptance Corporation
This copy was created on 10/22/2019
FILED: SUFFOLK COUNTY CLERK 06/18/2024 03:40 PM INDEX NO. 614946/2024
of Electronic Original Copy
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/18/2024
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMSANDCONDITIONS (cont.)
Starter Interruption Device and GPS. You understand and agreethat if You are in default. Wemay use any starter interruption device and/
or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when
permissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure
Your default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no
more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours.
Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device.
Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, Wecan enter
Your property, or the property where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any accessories, equipment or
replacements will remain with the Vehicle. You hereby acknowledge and agree that any personal pro erty contained within the Vehicle may be
removed and held without liability to Us or our agent. It is Your responsibility to promptly and immediate contact Us to make arrangements for the
return of Your personal property. You are responsible for paying all reasonable charges associated wit the repossession
Getting the Vehicle Back After Repossession. If Werepossess the Vehicle. You have the right to get it back (redeem). If Werepossess
the Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by only paying all amounts
past due including late charges and any expenses Weincurred in retaking. holding, storing and preparing the Vehicle for sale. Your right to redeem
the Vehicle ends when Wesell, lease, heense or otherwise dispose of any or all of the Vehicle in its present condition or following any commercially
reasonable preparation or processing.
Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed
toYour last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period
of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt.
The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, processing and selling the Vehicle, and
any attomey fees and court costs, if permitted by law, will be subtracted from the selling price.
If You owe Us less than the net proceeds of sale, Wewill pay You the difference, unless Weare required to pay it to someone else. For example,
Wemay be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle.
If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when Weask
for it. If You do not pay this amount when asked, You mayalso be charged interest at the highest lawful rate until You do pay all You owe to Us.
WARRANTIESSELLERDISCLAIMS. YOUUNDERSTAND THATTHESELLERIS NOTOFFERING ANYWARRANTIES
ANDTHATTHERE
ARENOIMPLIED WARRANTIES OF MERCHANTABILITY,OF FITNESS FORA PARTICULAR ORANYOTHERWARRANTIES,
PURPOSE,
EXPRESSORIMPLIED BYTHE SELLER, COVERINGTHE VEHICLE UNLESSTHE SELLEREXTENDSA WRITTENWARRANTY OR
SERVICECONTRACTWITHIN 90 DAYSFROM THEDATEOFTHIS CONTRACT.
THIS PROVISION DOESNOTAFFECTANYWARRANTIESCOVERINGTHEVEHICLETHAT MAYBE PROVIDEDBYTHE VEHICLE
MANUFACTURER ORANYWARRANTIES
REQUIREDBY LAW, E.G. LEMONLAWS.
Collection Costs. If Wehire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney's fees
not exceeding 15%of the amount due and payable under the Contract, and any court costs as permitted by law.
lay an n f his t c W a rr forci ny i out
I exam , end tÃŽ (ggp pa m t I
be in wn ing an signe by Us. o oral changes are bin ng. any part o this ct is not , II other pa s wi remain en rcea .
Interest After You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or
Maturity.
at the highest permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision,
rate
maturity means the earlier of the date Your final payment is due or the date Weaccelerate the Contract.
Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law.
Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except
to the extent preempted by applicable federal law.
NOTICE: ANYHOLDEROF THIS CONSUMERCREDIT CONTRACTIS SUBJECTTOALL CLAIMS ANDDEFENSES
WHICHTHEDEBTORCOULDASSERTAGAINSTTHESELLEROF GOODS ORSERVICESOBTAINEDPURSUANT
HERETOORWITH THEPROCEEDS HEREOF. RECOVERYHEREUNDER BY THEDEBTORSHALLNOTEXCEED
AMOUNTS PAID BYTHEDEBTORHEREUNDER.
OTICE OFASSIGNMENT: has assigned this Contract to Credit Acceptance Corporation in accordance with the terms
The Seller
nd conditions Contract. This assignment is without recourse. You must make all future payments to:
set forth on Page 4 of this
REDIT ACCEPTANCE 25505 WESTTWELVEMILE ROAD,SOUTHFIELD, MICHIGAN48034-8339, 1-(800)-634-1506.
CORPORATION,
eller: FRONTLINEAUTO SALES, INC gy. d# ,-- Title: AGENT
ASSIGNMENT
FORVALUERECElVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to and in and to the Vehicle this Contract,
described herein, to CREDIT ACCEPTANCE
CORPORATION ("Assignee"), its successors and assigns, and in accordance with the pursuant to
terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee
full power, either in Assignee's name or in Seller s name, to take all actions which Seller could have taken under this Contract. In order to induce
Assignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth in the existing dealer agreement.
NEW YORKCRED““ACCEPTANCE CORPORATION (11-16) Buyer's Initials //f/
© 2012 - 2016 Credit Acceptance Corporation. PAGE 4 of 5
AII Rights Reserved. Buyer's Initials
The original retail installment contract is assigned to Credit Acceptance Corporation
This copy was created on 10/22/2019
FILED: SUFFOLK COUNTY CLERK 06/18/2024 03:40 PM INDEX NO. 614946/2024
of Electronic Original Copy
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/18/2024
Not required to mail or fax this copy to Credit Acceptance
ARBITRATION CLAUSE
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated Arbitration is a method of resolving disputes in front of
"We" "Us"
one or more neutral persons instead of having a trial in court in front of a judge and/or jury. In this Arbitration Clause, and mean Seller
and/or Seller's assignee (including, without limitation, Credit Acceptance Corporation) or their employees, assignees, or any third party providing
any goods or services in connection with the "Your"
origination, servicing and collection of amounts due under the Contract if such third party is named
"You"
as a party between You and Us and means each Buyer named above.
Your Right to Reject: if You don't want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield,
Michigan 48086-5070 a written rejection notice that describes the Contract and tells Us that You are r ecting this Arbitration Clause.
A rejection notice is only effective if it is signed by all buyers, co-buyers and cosigners and the enve e that the rejection notice is
sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration lause, that will not affect any
other provision of this Contract or the status of Your Contract. If You don't reject this Arbitration Clause, it will be effective as of the
date of this Contract.
A "Dispute" is any controversy or claim between You and Us arising out of or in any way related to this Contract, including. but not limited to,
of amounts due under this Contract, the purchase. set-up. quality of the Vehicle,
any default under this Contract, the collection "Dispute"sale, delivery,
for the Vehicle or its financing, or any product or service included in this Contract. shall have the broadest meaning possible,
advertising
and includes contract claims, and claims "Dispute" based on tort. violations of laws, statutes, ordinances or regulations or any other legal or equitable
theories. Notwithstanding the foregoing, does not include any individual action brought by You in small claims court or Your state's
"Dispute"
equivalent court, unless such action is transferred, removed or appeale to a different court. does not include any repossession of the
Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us
"dispute"
from using any such remedy, so long as such individual action does not involve a request for monetary relief of any kind. In addition,
does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Clause or any part thereof (including, without
limitation, the Class Action Waiver described in the sixth paragraph of this Arbitration Clause, the last sentence of the seventh paragraph of this
Arbitration Clause and/or this sentence), all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that
concems the validity or enforceability of the Contract as a whole is for the arbitrator, not a court, to decide
If a Dispute arises, the complaining party shall give the other pany a written Dispute Notice and a reasonable opportunity. not less than 30 days, to
resolve the Dispute. Any Dispute Notice to You will be sent in writing to the address on this Contract (or any updated address You subsequently
provide to Us). Any Dispute Notice to Us must be sent by mail to: Credit Acceptance, Attn: Corporate Legal, 25505 West Twelve Mile Road, Suite
3000, Southfield, Michigan 48034-8339 (or any updated address Wesubsequently provide to You) Any Dispute Notice You send must give Your
Accou