THESE TERMS OF SALE (THE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY AMERICAN TIRE DISTRIBUTORS, INC. (THE "COMPANY") ON THE WWW.TIREBUYER.COM WEBSITE (THE "WEBSITE"). PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ("YOU" AND/OR "CUSTOMER" HEREIN) 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, SO PLEASE READ THESE TERMS OF SALE EACH TIME YOU MAKE A PURCHASE.
- Products. Company is authorized to sell the products and/or services offered for sale on the Website. Company may discontinue any product and/or service at any time without notice. The prices advertised on the Website for the products and services do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
- Orders. Orders are not binding upon Company until accepted. Acceptance of Customer\'s orders shall be communicated to Customer on the Website. Company reserves the right, without prior notification, to limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
- Payment. Company accepts valid Visa, MasterCard, American Express and Discover credit cards. Customer's credit card will be charged in full when Customer's order is processed.
- Cancellations. Once an order is placed, we are unable to cancel it. When we receive an order, we immediately pull the products from one of our warehouses to start the delivery process. Please see our Return/Refund Policy for details on returning unused products.
- Delivery. Company will ship Customer's orders either to a selected installer location or to the address provided by Customer within the continental United States in accordance with Customer's selection of available shipping options when Customer's order is processed on the Website. If the Customer's order indicates that free shipping is available, then Company will use commercially reasonable efforts to ship Customer's products with free shipping and delivery within two (2) business days from the date of Customer's order. If the Customer's order indicates that delivery rates apply, then Company will use commercially reasonable efforts to ship Customer's products in accordance with the delivery rates listed on the Website to be shipped and delivered within ten (10) business days from the date of Customer's order. While Company will make every reasonable effort to ship Customer's orders within these time frames, Company is not responsible or liable for any delay in receiving or completing Customer's order that is caused by an event beyond the Company'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 Website caused by an event outside the direct control of the Company, including without limitation, power outages or attacks on the Website such as by persons known as "hackers." ID and/or proof of purchase may be required at time of installation. Customers may not pick up orders delivered to an installer -- items must be mounted on the vehicle by the installer, or they will be returned to TireBuyer. Same-day delivery: Order select tires marked with the "Same-day delivery" flag before the noted time, and we will deliver them to a select TireBuyer installer on the same day. Eligible tires and installers are marked with a Same-day delivery flag. If you want same-day delivery, you must select both a product and an installer with Same-day delivery flags. If we are unable to deliver your tires on the same day you ordered them, we will refund $10 for each tire ordered.
- Title to Products. Company retains all right, title, and interest in and to the ordered products until the products have been delivered and You have paid for the products in full.
- Shipping Charges. The prices advertised on the Website for the products and services do not include shipping and handling charges. The applicable shipping and handling charges may vary depending on the Customer's location and shipping address. The applicable shipping and handling charges will be provided at the point of purchase on the Website and will be added to Your total invoice price at the point of purchase on the Website.
- Installation. Installation prices as listed on the Website cover most vehicles with standard equipment. Customized vehicles may result in additional installation fees at the point of installation. Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for 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. You have selected products by either indicating your vehicle make, model, and trim or by indicating no make and model at all. TireBuyer.com 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. Re-stocking fees may be applied for product returns in accordance with the Return/Refund Policy referenced above and on the Website at the point of purchase. 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. When purchasing new wheels through this Website, it may not be possible to re-use existing TPMS sensors, and additional fees may be required to purchase and install replacement TPMS sensors for accurate fitment for the new wheels at the point of installation. Certain states have graduated tire disposal fees. It may be necessary for the dealer to charge additional state mandated disposal fees at time of installation. In the event that the products purchased through this Website include vehicle suspension lowering products, additional suspension items may be necessary to properly align the vehicle after it has been lowered and may result in additional fees at time of installation. Wheel sizing for products purchased on this Website is based on information provided by the Customer and is based on original equipment manufacturer factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, we cannot guarantee fitment as recommended by the TireBuyer Website online ordering tool, and additional fees may be required at the point of installation for safe and proper fit and alignment. Despite our thorough and conscientious control of all data utilized and gathered to perform the services and provide the products through this Website, we cannot guarantee the completeness and accuracy of the provided information. Same-day delivery: We do not promise same-day installation on same-day delivery tires. Call the installer to make an appointment after placing a same-day delivery order.
- Warranties. ALL PRODUCTS ARE PROVIDED TO CUSTOMER BY COMPANY "AS IS," AND COMPANY 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 Customer 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. TireBuyer.com will facilitate the warranty process if the customer chooses. Tires must be returned to the designated facility for inspection. Customer is responsible for all warranty paperwork as required by the manufacturer. Failure to submit paperwork can result in warranty claim denial. Neither TireBuyer nor the manufacturer will reimburse installation fees or other costs related to warranty claims.
- Return/Refund Policy. If You are dissatisfied with your purchase, you may be entitled to return the products purchased or seek a refund of the purchase price in accordance with the Company's Return/Refund Policy in effect at the time of purchase.
- Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT 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 COMPANY EXCEED THE AMOUNT CUSTOMER HAS PAID TO COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
- 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.
- Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of North Carolina applicable to contracts made and to be enforced wholly within such state.
- Jurisdiction and Venue. You and the Company (collectively the "Parties;" individually a "Party,") 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 North Carolina, 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.
- 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 a writing signed the Parties.