TERMS OF SALE
These Terms of Sale represent a legal “Agreement” regarding use of this branded website and/or mobile application (“Site”), which is owned and operated by Dealer Tire, LLC (hereinafter referred to as “Dealer Tire”, the "Company", "We", "Us" or "Our”) for the benefit of the Site’s Branded Sponsor(s), for the ordering, purchase, and/or sale of goods and services (“Order”) from the Branded Sponsor(s) or its installing dealership (“Dealership”), by “You”, as the user of the Site. The “Branded Sponsor” of this Site is the business entity identified on this Site’s homepage, which may also be the installing Dealership. The sale of goods and services with respect to Orders placed through this Site are conducted solely between You and the Dealership. Unless specifically stated otherwise in these Terms of Sale, neither the automotive OEM represented by the Branded Sponsor or a Dealership, nor Dealer Tire, is selling goods or services to You through use of this Site.
2. GOODS AND SERVICES.
Goods and services contemplated by this Agreement include automotive tires and their installation at a Branded Sponsor/Dealership location identified through the Site, as well as any other offerings on this Site made available to you for ordering, sale or purchase by the Branded Sponsor/Dealership. Goods and services may be discontinued, modified or altered at any time without notice and are subject to availability. No international sales of goods or services are processed through this Site. This Site offers a wide variety of tires to choose from, with various sizes and treads, making it difficult for Us to capture images of all the various sizes and treads. Accordingly, You acknowledge and agree that the images used on the Site during Your shopping experience (including the tire tread) may vary and that such image is merely a representative sample of the particular tire You may Order. Commercially reasonable efforts will be used to match the tire You are Order with the vast image catalog that We maintain but We may not find the correct match.
3. PRICE AND SALES TAX.
Prices listed on the Site are estimates only and are set solely by the Branded Sponsor/Dealership(s). Prices for the sale of tires Ordered through the Site generally include the price of the tires, standard shipping and handling charges, the cost of basic installation at the Dealership, applicable sales, use and similar taxes, as well as applicable tire disposal fees. Prices do not generally include any additional fees required at the point of installation to accommodate customized vehicles, pre-existing vehicle conditions, or other circumstances beyond Our, the Dealership, or Branded Sponsor’s control. You are ultimately responsible for the payment of all applicable taxes and disposal fees. Taxes and fees will be calculated based on the location of the Dealership where the goods and services are installed and performed.
This Site may require Your use of a credit card to confirm, process, and hold Your Order. Your credit card will not be charged until your Order is completed at the Dealership. All credit card processing through the Site is completed by a third party credit card processing agent. Dealer Tire only serves as an administrative agent and tire distributer with respect to Orders placed through this Site on behalf of the Branded Sponsor and its Dealership(s). Payment for the goods and services ordered through this Site may be processed by the Branded Sponsor or its Dealership upon completion of the sale and/or installation either directly through the Site (using the credit card information provided), or by the installing Dealership directly, independent of the Site’s payment processing option.
5. WARRANTY; LIMITS ON LIABILITY.
UNLESS SPECIFICALLY STATED OTHERWISE ON THIS SITE, THE GOODS (INCLUDING TIRES) SOLD THROUGH THE SITE CARRY THE STANDARD MANUFACTURER WARRANTY PROVIDED BY THE MANUFACTURER OF SUCH GOODS ("PRODUCT WARRANTY"). BRANDED SPONSOR(S) OR DEALERSHIP MAY OFFER YOU AN EXPRESS WRITTEN WARRANTY WITH RESPECT TO THEIR SERVICES (WHICH MAY INCLUDE INSTALLATION OF GOODS SOLD THROUGH THIS SITE). SEE THE BRANDED SPONSOR OR ITS APPLICABLE DEALERSHIP DIRECTLY FOR FURTHER DETAILS. NEITHER DEALER TIRE NOR THE APPLICABLE AUTOMOTIVE OEM EXPRESSLY OR IMPLIEDLY WARRANTS THE GOODS SOLD THROUGH THIS SITE, THEIR INSTALLATION, OR THE SERVICES OF BRANDED SPONSOR OR ITS DEALERSHIP(S) HEREUNDER.
DEALER TIRE, ITS AFFILATED BUSINESSES, THE APPLICABLE AUTOMOTIVE OEM’S, BRANDED SPONSORS, AND DEALERSHIPS, ALONG WITH THEIR RESPECTIVE OWNERS, OFFICERS, AGENTS AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO USE OF THIS SITE, AND THE GOODS AND/OR SERVICES SOLD BY OR PURCHASED THROUGH USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SUCH IMPLIED WARRANTIES ARE EXPRESSLY DENIED.
OTHER THAN THE PRODUCT WARRANTY AND ANY EXPRESS WRITTEN WARRANTY APPLICABLE TO INSTALLATION OF GOODS SOLD HEREUNDER, THE GOODS AND SERVICES ARE SOLD TO YOU "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, DEALER TIRE, ON BEHALF OF ITSELF, ITS AFFILIATES, AND LICENSORS, AND FOR ITS BRANDED SPONSORS, THEIR DEALERSHIPS, AND THE APPLICABLE AUTOMOTIVE OEMS, EXPRESSLY DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WITH RESPECT TO USE OF THIS SITE, ANY ORDERS PLACED OR PURCHASES MADE BY OR THROUGH THIS SITE, SERVICES OR INSTALLATIONS HEREUNDER, OR WHICH MAY DIRECTLY OR INDIRECTLY ARISE AS A RESULT OF THE ACTS, ERRORS OR OMMISIONS OF BRANDED SPONSOR(S) AND/OR THEIR DEALERSHIPS, AS WELL AS THEIR RESPECTIVE AGENTS, EMPLOYEES AND CONTRACTORS. UNLESS OTHERWISE EXPRESSLY PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU IN ALL CIRCUMSTANCES HEREUNDER IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE GOODS AND SERVICES THAT GIVES RISE TO ANY LIABILITY.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. SHOULD YOU WISH TO REVIEW THE MANUFACTURERS PRODUCT WARRANTY FOR ANY GOODS SOLD THROUGH THIS SITE, CONTACT THE BRANDED SPONSOR OR ITS DEALERSHIP DIRECTLY, OR YOU MAY REQUEST A COPY OF SUCH WARRANTY BY CONTACTING US AT: ___________________________________________.
Dealer Tire does not accept returns nor does it directly process Product Warranty claims for goods or services purchased on or through the Site. All returns and Product Warranty claims must be processed through the Branded Sponsor or installing Dealership as applicable, and/or the Product Manufacturer, in accordance with their respective return policies.
This Site does not process Orders for pickup or installation by a third party in lieu of installation by Branded Sponsor or its Dealership. Further, Dealer Tire does not install Your tires or provide any installation services. You understand that Orders processed through this Site are based on general information related to the make/model and other specifications provided to us on the Site by You and does not necessarily account for all variables with respect to Your specific vehicle. If Branded Sponsor or its installing Dealership determines the make/model or other specifications of Your vehicle do not match the information provided on the Site, or the condition of your vehicle prohibits safe and proper fit and installation, you may have to reschedule your installation and/or modify your Order. Order cancellations are governed by Branded Sponsor’s and/or installing Dealership’s posted policies.
In accordance with applicable law, all vehicles manufactured after September, 2007 are required to have a Tire Pressure Monitoring System (TPMS). In some cases, TPMS sensors may require rebuilding, replacement and/or recalibration when installing new tires. Orders for tires do not include the cost for rebuilding or replacement of TPMS sensors.
10. FORCE MAJEURE.
In no event shall We be liable to You for any delays or other damages caused by, or impairment of, performance with respect to an Order or use of this Site resulting in whole or in part from any act outside of our control, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, severe weather conditions, catastrophic events, or any other circumstance or cause beyond our reasonable control.
11. WAIVER, CHOICE OF LAW AND VENUE.
The failure of a party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by any party. These Terms of Sale as pertain to and enforced by or against Dealer Tire, LLC and its affiliated business entities shall be governed by the laws of the State of Ohio, excluding its conflict of law rules, and exclusive venue for any such claim shall be in a court of proper jurisdiction in Cleveland, Ohio, Cuyahoga County. Any claims arising hereunder between You and Branded Sponsor, a Dealership, or any third party shall be governed by the law of the State in which Branded Sponsor is principally located. Excusive venue for such claims shall be in the state, county and city in which Branded Sponsor or its applicable Dealership is principally located.
If any portion of these Terms of Sale are found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these Terms of Sale, and the remaining terms and conditions shall be valid and fully enforceable as written.
13. MODIFICATION OF TERMS.
Your acceptance of a placed Order and Your assent to these Terms of Sale shall be presumed when you place an Order for the goods and/or services through this Site. No additions or modifications of these Terms of Sale by You shall be binding upon the Company, Branded Sponsor, or its Dealership unless agreed to in writing and signed by an officer of each of such entities. Any conflicting or supplementary terms in any purchase order or other documentation submitted by You with respect to an Order are hereby disclaimed.
14. COMPLETE AGREEMENT.