The
pawn ticket contains all of the terms and conditions
of our contract. No extension of time to redeem
or waiver or modification of any term of this
contract shall be valid unless in writing, signed
by us.
RATES OF INTEREST: three percent per month, or
any fraction of a month (36% per annum). A minimum
interest charge of twenty five cents per month
may be made on any loan.
This pledge may be sold by us after FOUR (4) MONTHS
from the date of pawn, provided at least thirty
(30) days before the sale we send you, by mail,
to the address given at the time of pledge, a
written notice that we intend to sell.
Should your ticket be lost or forgotten, you must
notify us at once, and give us an exact description
of the article pawned and positive identification
of yourself and apply for the issuance of a stop
ticket. Anyone presenting your ticket before may
redeem the pledge and we will not be responsible
to you.
You cannot redeem the pledge without your ticket
unless you also furnish to us, at or before the
time of redemption, a surety company bond in an
amount twice the value of the pledge as determined
by us, indemnifying us against loss, damage or
expense by reasons of any claims by the holder
of the ticket or by the alleged owner of the pledge,
the form of the bond and surety to be approved
by us.
If any third person makes a claim upon us for
the pledge, you cannot redeem it unless you furnish
a surety company bond, your ticket, amount and
surety to be as provided in "5" hereof.
For the purpose of determining any claims against
us, this pledge shall be deemed to have a value
of not exceeding twice the amount of our loan
stated on your ticket and in no event or suit
shall we be liable on any claim in excess of that
amount unless a higher value has been assigned
upon between us and has been stated in writing.
No civil action or special proceeding upon any
claim arising from or in any wise connected with
this pledge shall be brought after 2 years from
the date of your ticket.
We
are not responsible for loss or damage by fire,
water, riot, burglary, robbery, hold up or theft
of any kind nor any loss or damage caused by any
other casualty, Act of God, or public enemy in
excess of our insurance coverage which is set
at twice the amount of the loan stated in accordance
with the terms of paragraph "7" hereof.
No notice to us by you shall be binding upon us
unless in writing and sent to us at the address
on our contact page by registered or other mail
for which receipt is obtained from postal authorities.
No suit or any claim concerning any redeemed pledge
with respect to identity, condition or otherwise
may be brought against us unless such claim is
made before the goods delivered by us are taken
from our premises.
The pawnbroker in the event of retirement from
business or change of ownership is authorized
to transfer the pledge and his/her interest therein
to any licensed pawnbroker in the State of New
York.
NOTICE OF ELECTION:
(a) The holder of our pawn ticket may redeem the
article pledged at any time prior to sale at private
sale or public auction first following default.
The article pledged may not be sold at private
sale or public auction until it has remained four
months in the collateral loan broker's possession.
(b) If the article pledged is sold at private
sale or public auction, money, if any, in excess
of the amount of the loan, interest, lawful auctioneer's
commission, if applicable, lawful extra care charges,
lawful ticket charges and the expenses of the
advertisement of sale, if applicable, shall be
paid to the holder of the pawn ticket.
(c) If the collateral loan broker shall purchase
the article pledged at auction the holder shall
have an additional ten days to redeem the article
pledged by paying to the collateral loan broker
the amount of the loan, interest, lawful auctioneer's
commission, lawful extra care charges, lawful
ticket charges and the expense of the advertisement
of sale.
(d) A holder may sell his/her ticket to a third
party at any time prior to private sale or auction,
or he may sell his/her ticket to the collateral
loan broker any time ninety or more days after
the article was pledged.
(e) If his/her ticket is sold to a collateral
loan broker the holder may redeem the ticket within
ten days after the sale by paying the collateral
loan broker the amount paid for the ticket.
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