Our vision is to bring autosteering to every farmer in America because American farming needs the precision that only autosteering can provide to prosper.
We know 2018 was a tough year for farming with tariffs and weather impacting profits. With that in mind, we’re introducing the Autosteering for Everyone Program to make sure every farmer who needs to autosteer can afford a Wheelman this season.
AUTOSTEERING FOR EVERYONE PROGRAM CUSTOMER AGREEMENT
Your ability to participate in the Autosteering for Everyone Program (the “Program”) is conditioned on your meeting certain creditworthiness requirements that we have established for this offer. You authorize AgJunction LLC to obtain a consumer credit report on you. We may not approve your participation in the Program if you do not meet our creditworthiness requirements. Further, the Program may not be available to you if we cannot verify information about you or if you cannot enter into a binding contract.
1. PAYMENT: I shall repay AgJunction LLC the deferred 90% of the purchase price (“Deferred Payment”) for the Item by November 1, 2019 whether or not an invoice is rendered.
2. SECURITY INTEREST: I hereby grant AgJunction LLC a security interest under the Uniform Commercial Code in the Wheelman product purchased under the above titled program (collectively the “Collateral” and individually an “Item” or “Item of Collateral”). Such security interest is granted to secure performance by me of my obligations hereunder and under any other present or future agreement with AgJunction LLC. I shall insure that such security interest is and shall remain a sole first lien security interest.
3. NON-CANCELABLE AGREEMENT; REPAYMENT; NO OFFSET: THIS AGREEMENT IS NON-CANCELABLE BY ME FOR ANY REASON WHATSOEVER EXCEPT IF DONE SO UNDER THE TERMS OF THE 60 DAY GUARANTEE found at https://www.handsfreefarm.com/warranty-policy.
4. LOCATION; USE: I shall keep and not remove from the United States the Item of Collateral in my possession. The Item shall be used solely for commercial or business purposes and operated in a careful and proper manner in compliance with all applicable governmental requirements and all manufactures’ instructions and warranty requirements.
5. ALTERATIONS; SECURITY INTEREST COVERAGE: Without AgJunction LLC’s prior written consent, I shall not make any alterations, additions or improvements to an Item of Collateral that detract from its economic value or functional utility. All additions and improvements made to an Item shall be deemed accessions thereto, and shall not be removed if removal would impair the Item’s economic value or functional utility. AgJunction LLC’s security interest shall cover all modifications, accessions, additions to and replacements and substitutions for the Collateral. I will not make any replacements or substitutions without AgJunction LLC’s prior written consent.
6. MAINTENANCE: I shall maintain the Collateral in good repair, condition and working order. I shall cause all repairs required to maintain the Collateral in such condition to be made promptly by qualified parties.
7. LOSS AND DAMAGE; CASUALTY VALUE: I will bear all risk of loss, theft, destruction or requisition of or damage to the Item. I shall give AgJunction LLC prompt notice of a casualty occurrence and shall thereafter place the Item in good repair, condition and working order; provided however, that if such Item is determined by AgJunction LLC to be lost, stolen, destroyed or damaged beyond repair or is requisitioned or suffers a constructive total loss under an insurance policy carried, I shall pay AgJunction LLC the remaining Deferred Payment of such Item to satisfy the debt immediately upon request.
8. LIMITED POWER OF ATTORNEY: I hereby irrevocably appoint AgJunction LLC as my attorney-in-fact for the following limited purpose: to sign and to file or record on my behalf and in my name any document AgJunction LLC deems necessary to perfect or protect AgJunction LLC’s interest in the Collateral or pursuant to the UCC.
9. INDEMNITY: I shall indemnify, defend and hold harmless AgJunction LLC against any claim, action, liability or expense, including attorney’s fees and court costs, incurred by AgJunction LLC related to this Agreement.
10. DEFAULT: Any of the following constitutes an event of default hereunder: (a) my failure to pay any amount hereunder, within ten (10) business days of when due; (b) My default in performing any other obligation hereunder or under any other agreement between me and AgJunction LLC; (c) my death or judicial declaration on incompetency, (d) the filing by or against me of a petition under the Bankruptcy Code or under any insolvency law or law providing for the relief of debt, including without limitation, a petition for reorganization, agreement or extension; (e) any misrepresentation of a material fact in connection herewith by or on behalf of myself or (f) AgJunction LLC shall in good faith deem itself insecure as a result of a material adverse change in my financial condition or otherwise.
11. REMEDIES: Upon the occurrence of an event of default AgJunction LLC shall have the rights, options, duties and remedies of a secured party, and I shall have the rights and duties of a debtor, under the Uniform Commercial Code of Arizona (regardless of whether such Code or law similar thereto has been enacted in a jurisdiction wherein the rights or remedies are asserted). Without limiting the generality of the foregoing, AgJunction LLC shall have the right to (a) at AgJunction LLC’s option, declare immediately due and payable the entire amount of my obligations hereunder, without notice or demand to me and without setoff; (b) take possession of any, if deemed appropriate, render unusable the Item of Collateral, without demand or notice wherever located, without any process of law and without liability for any damages occasioned by such taking of possession including damages to contents; (c) upon notice to me required by law, sell or otherwise dispose of the Item of Collateral, whether or not in AgJunction LLC’s possession, in a commercially reasonable manner at public or private sale at any place designated in such notice and apply the net proceeds of such sale after deducting all costs of such sale, including, but not limited to, costs of transportation, repossession, storage, refurbishing, advertising and brokers fees, to the obligations of me hereunder and I will remain liable for any deficiency and with any excess being returned to me or (d) utilize any other remedy available under the Uniform Commercial Code or otherwise to AgJunction LLC. All remedies are cumulative. Any sale may be adjourned by announcement at the time and place appointed for such sale without further published notice, and AgJunction LLC may if permitted by law bid and become the purchaser at any such sale.
12. LITIGATION EXPENSES: I shall pay AgJunction LLC its costs and expenses, including repossession and attorney’s fees and court costs, incurred by AgJunction LLC in enforcing this Agreement. This obligation includes the payment of such amounts whether an action is filed and whether an action that is filed is dismissed.
13. ASSIGNMENT: Without the prior written consent of AgJunction LLC, I shall not sell, lease or create or allow any lien other than AgJunction LLC’s security interest against the Item of Collateral or assign any of my obligations hereunder. Consent to any of the foregoing applies only in the given instance. AgJunction LLC may assign, pledge or otherwise transfer any of its rights hereunder without notice to me. If I am given notice of any such assignment, I shall acknowledge receipt thereof in writing and shall thereafter pay any amounts due hereunder as directed in the notice. The rights of an assignee to amounts due hereunder shall be free of any claim or defense I may have against AgJunction LLC, and I agree not to assert against an assignee any claim or defense which I may have against AgJunction LLC. Subject to the foregoing, this Agreement insures to the benefit of, and is binding upon, the heirs, legalese, personal representatives, successors and assigns of the parties.
14. LATE PAYMENT AND NSF FEES : In the event a payment is not made within ten (10) days when due hereunder, I promise to (a) pay a late charge to AgJunction LLC or its assigns not later than one month thereafter, of up to 10% of the payment, or three hundred dollars ($300.00), whichever is greater and (b) pay AgJunction LLC amounts paid to others in connection with collection of the amount. The late charge set forth in this Agreement shall apply only when permitted by law, and if not permitted by law, the late charge shall be calculated at the maximum rate permissible by law. If the credit card tendered for payment is dishonored, I shall be liable for a hundred dollar ($100.00) fee.
15. ADDITIONAL DOCUMENTS: I shall provide to AgJunction LLC such financing statements and similar documents as AgJunction LLC shall request. I authorize AgJunction LLC where permitted by law to make filings of such documents without my signature. I shall reimburse AgJunction LLC for all search and filing fees incurred by AgJunction LLC related hereto.
16. NOTICES: Notices shall be in writing and sufficient if mailed to the party involved, United States mail first class postage prepaid, at its respective address set forth above or at such other address as such party may provide on notice in accordance herewith. Notice so given shall be effective when mailed. I shall promptly notify AgJunction LLC of any change in my address.
17. CHOICE OF LAW; WAIVER OF JURY TRIAL: THIS AGREEMENT SHALL BE DEEMED FULLY EXECUTED AND PERFORMED IN THE STATE OF ARIZONA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS THEREOF WITHOUT REGARD TO THE CONFLICTS OF LAWS RULES OF SUCH STATE. I AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE OF ARIZONA IN MARICOPA COUNTY. EACH AGJUNCTION LLC AND I HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY ACTION INVOLVING THIS AGREEMENT.
19. GENERAL: This agreement constitutes the entire agreement of the parties as to the subject matter and shall not be amended, altered or changed except by a written agreement signed by the parties. Any waiver by AgJunction LLC must be in writing, and forbearance shall not constitute a waiver. Whenever the context of this Agreement requires, the names include the masculine or feminine and the singular includes the plural. The titles to the paragraphs of this Agreement are solely for the convenience of the parties and are not in aid in the interpretation. Any provision declared invalid shall be deemed severable from the remaining provisions that shall remain in full force and effect. Time is of the essence of this Agreement. My obligations shall survive the release of security interest in the Collateral.
20. MY WARRANTIES: I CERTIFY AND WARRANT: (a) THE FINANCIAL AND OTHER INFORMATION WHICH I HAVE SUBMITTED, OR WILL SUBMIT, TO AGJUNCTION LLC IN CONNECTION WITH THIS AGREEMENT IS, OR SHALL BE AT TIME OF SUBMISSION, TRUE AND COMPLETE; (b) MY EXACT LEGAL NAME AND PLACE OF RESIDENCE HAVE BEEN CORRECTLY IDENTIFIED TO AGJUNCTION LLC; AND (c) THIS AGREEMENT HAS BEEN DULY AUTHORIZED BY ME AND UPON EXECUTION BY ME SHALL CONSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION, CONTRACT AND AGREEMENT OF ME ENFORCEABLE AGAINST ME IN ACCORDANCE WITH ITS TERMS. I FURTHER WARRANT THAT THE ITEM OF COLLATERAL SHALL AT THE TIME AGJUNCTION LLC FUNDS THE TOTAL ADVANCE BE OWNED BY ME FREE AND CLEAR OF LIENS AND ENCUMBRANCES AND BE IN GOOD CONDITION AND WORKING ORDER.
21. NO WARRANTIES BY AGJUNCTION LLC EXCEPT AS OTHERWISE DESCRIBED ON THE HANDSFREEFARM.COM WEBSITE, AGJUNCTION LLC MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER.
Version Date: 02/11/2019
Attn: Privacy Officer
9105 East del Camino - Suite 109
Scottsdale, AZ 85258