Cirrus Aircraft Change Request between Cirrus Aircraft and Flewber, Inc. dated September 26, 2023
Exhibit 10.32
Cirrus Aircraft Change Request
| Purchaser: | Flewber, Inc | Serial Number: | 0209 |
| Main Address: | 1411 Broadway | Registration: | N619GK |
| 38th Floor | Order Date: | 04/03/2023 | |
| New York, NY 10018 | Mobile Phone: | (917) 337-7774 | |
| United States | Email: | ***@*** | |
This Change Request to the Aircraft Order is herewith submitted for Cirrus Aircraft review and approval. If approved, it will be made a supplement of and is made a part of the above-referenced Order and shall in no way void or nullify any provision thereof except to the extent specified below and attested to by the signatures of both parties to the original Order.
| 1. | Current Initial Deposit Held |
Purchaser agrees to a transfer of the escrow-held deposit of $50,000.00 from AIC Title Company to Cirrus Aircraft. The deposit will be retained by Cirrus Aircraft as a credit toward the Financial Closing of N619GK ASN0209.
| 2. | Initial Deposit - Paragraph 3 of the Cirrus Vision Jet SF50 Cirrus Certified Aircraft Purchase Agreement (the “Agreement”) shall be amended as follows: |
By September 28th, 2023, Purchaser shall make an additional non-refundable deposit payment to in the amount of USD $50,000.00, to bring total non-refundable deposit prior to closing and delivery to $300,000.00. Payment shall be made in United States Dollars and shall be made by wire transfer, certified check or bank cashier’s check and held in escrow by AIC Title Company.
| 3. | Revised Closing Date - Paragraph 5 of the Cirrus Vision Jet SF50 Cirrus Certified Aircraft Purchase Agreement (the “Agreement”) shall be amended as follows: Purchaser agrees to financially close on N619GK ASN0209 in Knoxville, TN on or before October 13th, 2023. At Closing Seller shall provide all document(s) necessary or required to convey a clear, free and marketable title, clear of any and all liens and encumbrances, to the Aircraft and with Purchaser making a payment in full to the Seller for the Aircraft and executing the Delivery Receipt for the Aircraft. If the Purchaser fails to close for any reason not the fault of Seller, Seller may retain its remedy therefore, the remitted or escrowed deposits as liquidated damages and not as penalty. If Seller fails to close for any reason not the fault of Purchaser, on or prior to October 13th, 2023 then Purchaser’s sole remedy shall be to terminate this Agreement upon written notice to Seller and receive a refund of all payments previously made by Purchaser to Seller under this Agreement. Within ten (10) business days after receipt of such termination notice from Purchaser, Seller shall remit to Purchaser a refund of all such payments. |
PURCHASER AGREES THAT ITS SOLE REMEDY FOR ANY FAILURE OF SELLER TO PERFORM ANY PART OF THIS AGREEMENT OR ANY OTHER SELLER DEFAULT IS LIMITED TO THE RETURN OF SUCH PAYMENTS, AND IN NO EVENT SHALL PURCHASER BE ENTITLED TO ANY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMED LOST ITS, LOST REVENUES, OR LOSS OF USE OF THE AIRCRAFT.
Agreed to and effective this day: 9/26/23
| Seller: | Cirrus Aircraft | Purchaser: | Flewber, Inc | |
| Name: | Boni Caldeira | Date Signed: | 9/26/2023 | |
| Date Signed: | 9/26/2023 | Name: | Marc Sellouk | |
| Title: | Vice President, Aircraft Sales | Title: | President | |
| By: | /s/ Boni Caldeira | By: | /s/ Marc Sellouk |
