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Terms & Conditions

 

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 Amigos Discount Tire  (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,  Discover and paypal 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 (7)  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 (972) 864-2073 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 10 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 15-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 25% 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 (972) 864-2073 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 (972) 864-2073 regarding warranty-related issues.

 

8.  Warning

 

            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 (972) 864-2073 by 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 Amigos Discount Tire located in  TEAXAS at the address designated on our Contact Page. 

 

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.

 

 





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