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Terms of Sale

These Terms of Sale (the “Terms of Sale”) govern your purchase of any tires or other products (together “Products”) offered by Tirescanner.com, Inc. (“Tirescanner”) or a third party registered user who offers products or services for sale (Tirescanner and each such third party a “Seller”) on the https://tirescanner.com website (the “Site”) to persons using the Site as purchasers (“you” or “Buyer”).  Please read these Terms of Sale carefully.  They contain very important information about the rights and obligations of a Buyer, as well as limitations and exclusions that may apply to a Buyer.

By clicking on the “Buy Now” button, and/or by otherwise placing an order on the Site, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Sale, without limitation or qualifications.  These Terms of Sale are subject to modification from time to time, so please read these Terms of Sale each time you make a purchase on the Site.

These Terms of Sale apply to all Products purchased and paid for through the Site. To the extent that any additional products and/or services are offered to the Buyer in connection with such Products, whether on the Site (such as installation of tires, which is offered (where Tirescanner is the Seller) by a third party installer or (where Tirescanner is not the Seller) by the Seller and which person is in all cases referred to as an “Installer”) or when the Buyer attends the tire shop for the installation of the Product, the Buyers’ rights and obligations with respect to such additional products and/or services will be determined by the terms and conditions offered by the offeror of those additional products or services and not by these Terms of Sale.
 
1.           Products.  Each Seller is authorized to sell the Products, and/or any additional products or services, offered for sale on the Site. Any Product and/or service offered on the Site may be discontinued at any time without notice.  

2.           Prices for Products.  Unless specifically stated otherwise, the prices advertised on the Site for the Products do not include shipping, handling, installation costs or sales taxes which, if applicable, will be added to your total purchase price when you get to the checkout on the Site. In the case of installation costs, they will be payable to the Installer at the time of installation.

3.           Installation Prices.  Installation prices as listed on the Site cover most vehicles with standard equipment having the type of tires ordered by the Buyer fitted to it.  The Site lists the cost that the Installer has agreed it will charge Buyers for installation of the particular Products. Buyer acknowledges that Tirescanner shall not be responsible to Buyer for the services provider by the Installer, and/or in the event that an Installer requires an additional fee, and the Buyer’s sole remedy shall be to cancel the order prior to installation. Additional installation fees (beyond those quoted at checkout) may be required at the point of installation of Products to accommodate customized vehicles or pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the Products as reasonably anticipated at the point of sale.  

4.           Orders.  Orders are not binding upon a Seller until accepted.  Acceptance of a Buyer’s order shall be communicated to the Buyer by email from the Site.  Such email confirmation will not occur immediately upon placing an order on the Site but will typically be received within 2 business hours. Each Seller reserves the right, without prior notification, to limit the quantity of any item ordered and/or refuse service to any Buyer and so an order is not binding on the Seller until confirmation of acceptance is issued.  Verification of information may be required prior to the acceptance of any order.

5.           Payment.  The Site accepts valid Visa, MasterCard, American Express and Discover credit cards and may add additional payment options from time to time.  Customer’s credit card will be charged in full for the amount payable for the Products on placing the order (which for the avoidance of doubt does not include the installation fees) when Customer’s order is processed.

6.           Cancellations and Refunds.  Once an order is placed, you may cancel it until the earlier of: (a) installation of the tires (where the Product is tires); and (b) such earlier time as is set out in the Cancellation/Refund Policy. Once tires are installed or any Product or service is otherwise provided, the order cannot be cancelled unless it is defective. Please see our Cancellation/Refund Policy for details on cancelling an order. Any cancellation and refund will be made in accordance with the policy in place at the date of the order being placed through the Site.

7.           Installation.  The Seller will ship or otherwise make available Buyer’s order either to a selected Installer’s location, or by a mobile installation van to the address provided by Buyer within the United States, in accordance with Buyer’s selection when the order is processed on the Site.  Buyer will be asked to indicate on the Site a preferred installation date and appointment time (the “Preferred Installation Time”). Until the Buyer receives an email or phone call from the Seller or other Installer confirming that a Preferred Installation Time is available, the installation time is provisional.  While Seller will make every reasonable effort to install Buyer’s orders within the Preferred Installation Time (or other installation time subsequently agreed with Buyer), the time of installation is never guaranteed. Seller is not responsible or liable for any delay in receiving or completing Buyer’s order that is caused by an event beyond the Seller’s or their appointed Installer’s reasonable control.  Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Site caused by an event outside the direct control of the Seller including, without limitation, power outages or attacks on the Site such as by persons known as “hackers” or, where Tirescanner  is the Seller, any failure by the Installer.

8.           Same-day or next-day Installation. Tirescanner seeks to provide same or next day installation where possible but Tirescanner does not guarantee same-day or next-day installation on Products.  After Buyer places a same-day or next-day order, Tirescanner will notify the Seller or their designated Installer who will contact you by email or telephone to arrange a delivery time. Sellers and Installers are selected based on their ability to offer same-day or next-day delivery and Tirescanner may  ask for your feedback on whether the service met this requirement.

9.           Proof of Purchase.  ID and/or proof of purchase may be required at time of installation and Buyers should present a copy of the email from Tirescanner confirming the order to the Installer.  Buyers may not pick up orders and remove any Products in order to undertake installation themselves (or otherwise deal with the Products); items must be mounted on the vehicle by the Installer, or they will be returned to the Seller.

10.        Title to Products.  Seller retains all right, title, and interest in and to the ordered Products until the Products have been installed and you have paid in full for the Products and the installation costs quoted when ordering on the Site. Transfer of title will be deemed to occur:

10.1      where the Buyer is attending the Installer’s tire shop for installation services, at the location of that tire shop;

10.2      where the Buyer has requested mobile installation at an address of the Buyer, the transfer will occur at the location of installation; or

10.3      where the Buyer has requested that the Products be delivered to an address of the Buyer, at the place of despatch from the Seller to the Buyer.

11.        Tire Choice. You shall select Products by either:

11.1      indicating your vehicle make, model, and trim; or

11.2      by indicating no make and model but providing details of the tire size and rating; or

11.3      by providing your vehicles’ licence plate number.

TIRESCANNER AND/OR THE SELLER CANNOT BE HELD RESPONSIBLE FOR TIRES THAT ARE IMPROPERLY SIZED OR RATED FOR YOUR INDIVIDUAL VEHICLE. IN THE CASE OF INCORRECT PRODUCT SELECTION, YOUR SELECTED INSTALLER MAY REFUSE TO INSTALL PRODUCTS FOR YOUR SAFETY.
12.        TPMS.  In accordance with applicable law, all vehicles manufactured after September 2007 have TPMS.  Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires.  There may be an additional charge at the dealer to service TPMS sensors in accordance with applicable law (unless at checkout on the Site it indicated that TPMS service was included for no additional fee).

13.        Tire Disposal Fees.  Certain states have graduated tire disposal fees.  It may be necessary for the installer to charge additional state mandated disposal fees at time of installation and while the Site has endeavored to indicate what those fees will be, the Installer will charge the amount actually due as required by the applicable state.

14.        Customised Vehicles.  Wheel sizing for Products is based on information provided by the Buyer and assumes the vehicle has original equipment manufacturer factory specifications.  If your vehicle is customized and/or has raised or lowered suspension, Tirescanner cannot guarantee fitment and additional fees may be due at the point of installation for safe and proper fit and alignment.  

15.        Warranties.  EXCEPT AS SPECIFIED HEREIN, ALL PRODUCTS ARE PROVIDED TO BUYER BY THE SELLER “AS IS,” AND THE SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties given to Buyer relating to the Products, if any, are those provided by the manufacturers of such Products, and Customer acknowledges that any warranty claims arising out of the manufacturer warranties must be pursued directly against the manufacturer.  Tirescanner and/or the Seller (if different) will facilitate the initial warranty claim notification process with the manufacturer if you requests this.  Tires must be returned to the designated facility for inspection.  Buyer is responsible for all warranty paperwork as required by the manufacturer and all legal or other costs associated with any warranty claim.  Failure to submit paperwork can result in warranty claim denial.  Neither Tirescanner, the Seller (if different) nor the manufacturer will reimburse installation fees or other costs related to warranty claims. Tirescanner attempts to be as accurate as possible. However, Tirescanner does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.

16.        Limitation of Liability.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER TIRESCANNER NOR THE SELLER (IF DIFFERENT) SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THE CATALOG, PRODUCT(S), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIRESCANNER AND THE SELLER (IF DIFFERENT) EXCEED THE AMOUNT BUYER HAS PAID THROUGH THE SITE FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE.  These limitations shall apply notwithstanding any failure of essential purpose of any remedy.

17.        Tirescanner’s Authority to Conclude Contract. Where the Seller is not Tirescanner, Tirescanner has been granted authority as an appointed representative and/or agent of the Seller for the purpose of concluding a contract between the Buyer and the Seller through the Site, and for ancillary matters associated therewith. These Terms of Sale are that contract.

18.        Severability.  If any provision of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.

19.        Governing Law.  These Terms of Sale shall be governed by and construed in accordance with the laws of Florida, excluding its choice-of-law principles, applicable to contracts made and to be enforced wholly within such state.

20.        Jurisdiction and Venue.  You, Tirescanner and the Seller (if different) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale may be brought in the federal or state courts of the State of Florida, and each party irrevocably accept and submits to the jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party.

21.        Waivers and Amendments.  The waiver by either party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances.  These Terms of Sale may be waived or amended only in writing signed the parties.

22.        Intellectual Property Rights.  Subject to any contrary provision of the Terms of Use, all content included in or made available through the Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is the property of Tirescanner or the Sellers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of Tirescanner and protected by U.S. and international copyright law.

23.        Force Majeure. Except for the obligation to make payments, non-performance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party. 

24.        Other Terms.  The Site Terms of Use, Privacy Policy, Cancellation/Refund Policy and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference. These Terms of Sale, including such Terms of Use, Privacy Policy and Cancellation/Refund Policy, contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Any conflict between the terms and conditions set forth in these Terms of Sale and any document shall be resolved in favor of these Terms of Sale.

Version:                           1
Date Applicable:            28 August 2019 until new version adopted by publication on Site.