Terms and Conditions of Sale
PLEASE READ THIS CAREFULLY AS IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products through Tirecrawler.com (referred to as the “site”). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any products that are available through this site.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, you may not cancel your order unless the shipment is unavoidably delayed. In such case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site. All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the order page for specific delivery options. Title and risk of loss to products pass to you when the designated shipper delivers products to the address you specify. You must notify us of non-conforming, damaged or missing items from your order within ten (10) days after you receive your product. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Product will be shipped on the next business day following the order. Shipping is contingent upon availability of the product and credit card approval, and may be delayed or cancelled. Arrival of the shipped product may vary from state to state. There may be occasional delays beyond the posted order processing time. These shipping terms are accepted by you by placing an order with us.
5. Advertising Disclaimer and Trademarks
The descriptions of products that are posted on our site are the representations of the manufacturers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers.
6. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.
7. Warranty and Return Policy
To return products, you must call 1 (888) 396-5261(i) to obtain a Return Goods Authorization (RGA) number before shipping your product (ii) for instructions on how to prepare items for shipping and (iii) for other information regarding shipping arrangements. No returns of any type will be accepted without an RGA number. For faster service, please have the following information on hand when calling for an RGA number: customer name, invoice or order number, SKU number, and nature of the problem. Products must be returned within 30 days of purchase. All returned products must be unused and be 100% complete, contain all original packaging materials, have original UPC codes on the manufacturer labels and/or boxes, and contain all blank warranty and registration cards and other accessories and documentation provided by the manufacturer. Under no circumstances will Tirecrawler.com accept a return of product that is damaged due to the negligence of the customer. You are responsible for shipping charges on returned items with the exception of returns on account of incorrect goods shipped or defective product. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage.
Non-defective Goods. We offer a 30-day return policy on all products on our site for, at our discretion, credit, replacement, exchange or repair, subject to the provisions herein and on the Returns page. Non-defective returns may be subject to a 15% restocking fee.
Damaged Goods. If your order arrives in a damaged condition, save the merchandise and any original packaging which it arrived in, and notify us immediately at 1 (888) 396-5261 to arrange for a carrier inspection and a pick up of the damaged merchandise.
Defective Goods. Many of the products available through our site are covered under the manufacturer's warranty, which is detailed at the various manufacturers' web sites. If applicable, manufacturer's warranties apply from the date of shipment. You understand that we do not operate or control the products offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products that you may purchase through our site. However, Tirecrawler will address issues to the extent it can do so under applicable warranties. Contact our customer service department at 1 (888) 396-5261 regarding warranty-related issues.
We make no representation as to the suitability as to the use of this product for your purposes. We advise you to verify the correct tire size for your vehicle and to obtain information regarding the proper installation and use of these products as property damage or serious bodily injury, including death, could otherwise result. You are responsible for the right fitment and application of the purchased product. You are also responsible for installation.
9. Dealers, Wholesalers, Resellers
We are primarily a reseller to end user customers. If you are a customer who resells the products you purchase on this site, you assume all responsibility for the resold goods and for training the persons who will use, sell, install or recommend the goods. You also agree to indemnify, defend and hold Tirecrawler and our affiliates harmless from any claim, demand, loss, liability, damage or expense, including reasonable attorneys fees, arising in any way from the resold the goods and/or from any act or omission of yours in any transaction between you and your customers.
10. Service and Support
All requests for technical service and support with respect to the products available through our site should be made directly to the manufacturer. Should you have any other questions or concerns, you should contact us at 1 (888) 396-5261or by fax, e-mail or regular mail as designated on our Contact page. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
The products available through this site are offered by Tirecrawler.com located in California at the address designated on our Contact Page. If you are a California resident, you may have this same information e-mailed to you by sending a request to us with your e-mail address. To register a consumer complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing or by telephone.
11. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
12. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. If any provision herein is held invalid, the invalidity shall not effect other provisions and to this end the provisions of this Agreement are declared to be severable.
13. Governing Law and Statute of Limitations
This site (excluding linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Orange County and the United States District Court for the Central District of California with respect to such matters. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.