Under ordinary contract law, the promises of the parties to a sale
s transaction are mutually dependent. A seller is entitled to payment provided
he delivers what he promised to deliver. If the seller fails to deliver what
was promised, the consumer’s obligation to pay may be reduced or even
eliminated. However, it is possible for a seller to arrange credit terms for
buyers which separate the consumer’s legal duty to pay from the seller’s
legal duty to keep his promises. For this reason, where
use of the Notice is required the Notice must appear without qualification.
The requirement that a contract “contain” the Notice is not satisfied if the
text of the Notice is printed in the contract in conjunction with additional
recitals which limit or restrict its application. Where the text of the Notice
is qualified by additional language, the contract fails to “contain” the
required Notice.
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