Term and Conditions of Sale
THESE TERMS AND CONDITION OF SALE (THESE”TERMS AND CONDITION OF SALE) GOVERN YOUR PURCHASE OF ANY GOODS OR SERVICE BY TIRES & WHEELS DIRECT, INC (“COMPANY”) ON THE WWW.TIRESWHEELSDIRECT.COM SITE ( THE”WEBSITE”). PLEASE READ THESE TERM AND CONDITION OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATION AS WELL AS LIMITATION AND EXCLUSION THAT MAY APPLY TO YOU.
BY USING THIS SITE OR BY PLACING AN ORDER, YOU (“YOU”AND/OR”USER”HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITION OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERM AND CONDITION OF SALE ARE SUBJECT TO MODIFICATION IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERM AND CONDITION OF SALE EACH TIME YOU VISIT THE SITE OR PLACE AN ORDER.
1. Sale and Purchase of Goods
Tires & Wheels Direct (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto. The prices posted on the website do not include shipping and handling, sale taxes, custom fee or broker fee, if applicable, which will be added to your total invoice price.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Company accepts valid MasterCard, Visa, American Express, Discovery, Money Order, and PayPal transactions.
Company will ship customer orders to only physical address that match the credit card billing address or secondary address on record in the continental United States. Regular ground shipping usually takes from four (4) to ten (10) business days from the day customers order. Shipping is usually provided free of charge on Wheel and Tire bundle for the continental United States. Customer located in the state of (Hawaii, Alaska and Puerto Rico) will be charged for shipping and handling due to geographic location. Special orders, custom made wheels or back order may take longer than regular shipping time. Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
5. Limited Warranty
ALL PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS,” AND COMPANY DISCLAIMS ALL WARANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEROF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.
The only warranties given to customers related to the product, if any, are those provided by the manufactured of such products, and customer acknowledges that any warranty claims arising out of the manufacturer warranties must be purchase directly against the manufacture. Merchandise covered by manufacturer’s warranty is sold with the warranty by the manufacturer extended to the purchaser. You may return the defective product to the seller in proper packaging, only if is defective to initiate a warranty claim. The warranties provided for herein shall be governed by Manufacturer warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. TPMS (Tire Presure Monitor Sensor)
Some states and certain automobiles and/or automobile manufacturers may require TPMS systems.
Note: You are advised to make this determination before making your purchase. Tires & Wheels Direct Inc is not responsible for wheels and tires sold without TPMS systems. TPMS systems do not come with wheel and tire packages unless ordered specifically. TPMS systems are provided as a recommended option on the check out page.
8. The “I Know my Fitments” Responsibility Requirements:
Tires & Wheels Direct allows customers to purchase their desired performance product without selecting a specific vehicle through the “I Know my Fitments” option. This featured is designed for customers that want to do more aggressive fitments or for those in which their vehicles are not listed under our vehicle database. Tires & Wheels Direct Inc does not take any responsibility if the item purchased through this feature does not meet the customers expectation or if the item does not fit properly for the vehicle for which the item has been purchased. Wheel and Tire packages purchased through this feature are not subject to return and will not be refunded. Wheels or Tires purchased that are not combo’s are subject to a 25% restocking fee plus freight fee both ways. Custom Made Wheels or Special Order Wheels are not returnable, refundable or exchangeable.
Note: Tires & Wheels Direct Inc is not responsible for any order error or mistake summitted from a customer ordering online through the “I Know my Fitments” option.
9. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Florida and hereby waives any objection to such jurisdiction and venue.