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TERMS AND CONDITIONS
Before
placing an order with TireLocker, Inc. (TireLocker), please make sure you
(Customer) understand your rights and obligations under these terms and
conditions. TireLocker is engaged in the storage and delivery
of seasonal tires for customers (Services). All customer orders for Services
must be accepted by TireLocker and are not valid until accepted by TireLocker
and Customer has made all required payments. TireLocker reserves the right to
reject any Customer order. For purposes of TireLocker Services: “tires”
means rims and any attached tires, and associated lug nuts, supplied to
TireLocker; “service year” means the 365-day period commencing when
Customer signs up for the Services and Customer has made all required
payments to commence the Services; and “dealer” means the car
dealership or other place of business where Customer has Customer’s seasonal
tires changed. These terms and conditions, as amended by TireLocker from time
to time, will apply to future transactions for the Services without any
further detailed agreement being necessary. TireLocker reserves the right to
change its pricing and the terms and conditions at any time for future
business transactions. For good and valuable consideration, and intending to
be legally bound, Customer agrees to the following:
TireLocker Obligations
Upon commencement of the Services, TireLocker shall
pick up Customer’s seasonal tires not currently in use from Customer’s home
or the dealer or other business where the tires are located.
The location of the initial pickup must be within 20 miles of customer's home address. TireLocker will store Customer’s seasonal tires until Customer informs
TireLocker that Customer desires to have Customer’s seasonal tires delivered
to Customer’s dealer. TireLocker will take the seasonal tires that have been
removed from Customer’s vehicle to a TireLocker storage facility. Customer’s dealer must be within 20 miles
of Customer’s home address on TireLocker's records. If Customer’s dealer is not within 20 miles of Customer’s
home address on TireLocker’s records, Customer agrees that Customer will be
charged $50 for any location beyond the first 20 miles from Customer’s home.
In no event will TireLocker be obligated to deliver any tires beyond 30 miles
from Customer’s home address of record.
For the yearly fee, Customer is entitled to have Customer’s seasonal
tires picked up and delivered to a dealer two times during a 365-day period.
For example, if Customer changes seasonal tires in November and April of each
year, TireLocker will deliver Customer’s winter tires to Customer’s dealer in
November and pick up and store Customer’s summer tires at that time, and
deliver Customer’s summer tires to Customer’s dealer in April and pick up and
store Customer’s winter tires at that time. TireLocker’s obligations are
conditioned on Customer’s dealer agreeing to accept from TireLocker and hold
Customer’s tires for a period of at least one full business day prior to the
time for tire changing and at least one full business day prior to the time
for pick up by TireLocker. Once the tires are delivered to Customer’s
dealer, Customer and the dealer are responsible for installation of the tires
and/or any other related tire services. If at
the same time Customer is changing tires Customer buys new seasonal tires
from the Customer’s dealer, at no additional cost TireLocker will replace the
new tires for the old tires when TireLocker is scheduled to deliver and pick
up Customer’s seasonal tires. If Customer buys new seasonal tires from a
business other than the business that Customer uses to change Customer’s
seasonal tires or from the business that Customer uses to change Customer’s
seasonal tires but not at the same time Customer is changing Customer’s
tires, Customer shall call TireLocker to make arrangements to replace the
tires. For a fee of $50.00 TireLocker will pick up Customer’s new tires from
Customer or at the place of purchase (as long as it is within 20 miles of customer's home address of record) and return the old tires to Customer.
Customer and Customer’s dealer will be responsible for disposal of any old
tires and any tires after non-renewal of TireLocker services.
Customer Obligations
CUSTOMER MUST NOTIFY TIRELOCKER BY PHONE AT LEAST 48
HOURS PRIOR TO THE TIME FOR TIRE CHANGING (THE 48 HOURS TO EXCLUDE WEEKENDS
AND HOLIDAYS) IN ORDER TO PROVIDE TIRELOCKER WITH SUFFICIENT TIME TO DELIVER
THE TIRES TO CUSTOMER’S DEALER. CUSTOMER MUST USE A DEALER TO CHANGE
CUSTOMER’S TIRES THAT AGREES TO ACCEPT FROM TIRELOCKER AND HOLD CUSTOMER’S
TIRES FOR A PERIOD OF AT LEAST ONE FULL BUSINESS DAY PRIOR TO THE TIME FOR
CHANGING AND AT LEAST ONE FULL BUSINESS DAY PRIOR TO THE TIME FOR PICK UP BY
TIRELOCKER. CUSTOMER MUST ENSURE CUSTOMER’S TIRES ARE READY FOR PICK UP WHEN
THE INITIAL PICK UP IS SCHEDULED; FAILURE BY CUSTOMER TO COMPLY WITH SUCH
OBLIGATION SHALL RESULT IN A $50 CHARGE FOR THE NEXT SCHEDULED PICK UP. CUSTOMER AGREES TIRELOCKER IS PERMITTED TO MARK OR OTHERWISE IDENTIFY CUSTOMER'S TIRES FOR TRACKING PURPOSES.
TireLocker is not responsible for any services or
products provided by Customer’s dealer. Such services and products are the
sole responsibility of Customer. Customer shall be solely responsible for
disposal at any time of all tires and Customer agrees to make such disposal
in accordance with all applicable laws. If after the Services are on longer
requested by Customer, TireLocker disposes of any of Customer’s tires,
Customer hereby authorizes TireLocker to charge Customer’s credit and/or
debit card, and otherwise hold Customer responsible, for the cost of such
disposal.
Customer shall not deliver any tires directly to
TireLocker. Customer agrees that Customer shall have no access to
TireLocker’s storage facilities and that TireLocker has the right to reject
any tires of Customer that TireLocker believes are not suitable for storage
or delivery.
Payments by Customer
Customer agrees to pay the fees in effect, plus all
applicable taxes, for tire storage and delivery at the time Customer signs up
for the TireLocker Services and at the current rates at the time of all
renewals. Any payments not paid when due shall bear daily interest at a per
annum rate of eighteen percent. Customer authorizes TireLocker to charge all amounts due under any applicable
credit or debit card presented to and acceptable to TireLocker. Customer agrees that there are
additional fees for tires larger than 30 inches high and 10 inches wide. If
Customer has agreed to automatic renewal, TireLocker will charge Customer’s
credit or debit card, used at the time of the initial ordering of services, ten (10) days before each anniversary date of Customer
starting TireLocker Services. If
Customer has not elected the automatic renewal, TireLocker will contact
Customer at least 5 days prior to the anniversary date. If Customer does not
renew, TireLocker will deliver Customer’s tires to the home address on
TireLocker’s records. If Customer terminates the need for TireLocker Services
prior to expiration of the service year, TireLocker will not provide any
refund or credit to Customer. The current yearly fees for the Services for
one service year are $199 for 2 tires and $299 for 4 tires, plus applicable
sales tax.
Termination
This Agreement shall become effective upon acceptance
by TireLocker of Customer’s request for the Services and payment by Customer.
Either party shall have the right to terminate this Agreement upon notice at
any time. Upon termination by Customer prior to the end of the then current
service year, Customer shall not be entitled to any refund or credit of any payments
made by Customer, and Customer shall be responsible for a $50 delivery charge
which is hereby authorized by Customer if TireLocker has already delivered
Customer’s tires to a dealer or other location twice within the current
service year. Upon the expiration or termination of this Agreement,
TireLocker shall deliver Customer’s tires to Customer’s home address of
record. If TireLocker terminates this Agreement before the end of the then
current service year, and only if Customer does not owe any amounts to
TireLocker, Customer shall be entitled to only a pro rata unused portion of
the yearly fee then paid by Customer for the then current service year based
on the number of elapsed days in the then current service year.
Acknowledgment of Existing Conditions
Customer acknowledges that Customer’s tires might be
damaged prior to receipt by TireLocker and TireLocker is not responsible for
such damage. TireLocker will not be responsible for any normal wear and tear
or aging of tires that may occur to Customer’s tires during performance of
the Services.
Unpaid Charges; Security Interest
In the event there are any unpaid charges, Customer
grants TireLocker a security interest in Customer’s tires to secure the
payment of the charges incurred by Customer. Any items which have not been
claimed and paid for within ten (10) days after the date of completion of the
service year will be considered abandoned by the Customer and may be disposed
of at the sole discretion of TireLocker.
No Warranties; Limitation of Liability
TIRELOCKER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. IN NO EVENT WILL TIRELOCKER, ITS CONTRACTORS, EMPLOYEES, OFFICERS,
DIRECTORS, AFFILIATES, OR SUPPLIERS, BE LAIBLE FOR ANY DAMAGES, COSTS, AND/OR
EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES, COSTS, AND/OR
EXPENSES FOR ANY PERSONAL INJURY, DEATH, INCONVENIENCE, LOSS OF REVENUE OR
PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, OR INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES, COSTS, AND/OR EXPENSES ARISING FROM THE
SERVICES OR LACK OF SERVICES, EVEN IF TIRELOCKER OR ANY AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS,
AND/OR EXPENSES. TO THE EXTENT TIRELOCKER BECOMES LIABLE NOTWITHSTANDING THE
OTHER PROVISIONS OF THIS AGREEMENT, TIRELOCKER’S MAXIMUM LIABILITY FOR
DAMAGES SHALL BE LIMITED TO THE PAYMENTS RECEIVED BY TIRELOCKER FOR THE
SERVICES FOR THE THEN CURRENT SERVICE YEAR.
Customer’s Representation and Indemnification
Customer represents and warrants to TireLocker that
Customer is the owner of, and/or has the right to be in possession of, all
tires furnished to TireLocker; and Customer will defend, at its expense,
indemnify, and hold harmless TireLocker against any damages and expenses that
may occur (including reasonable attorneys’ fees), and pay any costs, damages,
expenses, or attorneys’ fees awarded against TireLocker, resulting from
Customer’s breach of this section or delivery of tires to Customer or any
other party as requested by Customer. Customer represents and warrants the
tires delivered to TireLocker are and will continue to be free and clear of
any liens, encumbrances, and other parties’ rights.
Uncontrollable Circumstances
Either party’s performance of any part of this
Agreement shall be excused to the extent that such performance is hindered,
delayed, or make impractical by: (a) the acts or omissions of the other party
or any third party; (b) weather, flood, fire, strike, war, riot, traffic
congestion or road construction, mechanical
breakdown, electrical shortage or blackout; (c) unavailability
of the internet or phone or fax resulting in an inability to communicate with
TireLocker or Customer; (d) any other cause (whether or not similar to those
listed) beyond the reasonable control of that party. Upon the occurrence of
any such event(s), the party whose performance is so affected shall notify
the other party of the nature and extent of the event(s) so that decisions to
mitigate the negative effect(s) of such event(s) can be made.
Internet services and Customer data
We offer an Internet platform
to our Customers that can be used to purchase the Services and communicate
with TireLocker. It is common knowledge that it is not possible to develop or
operate error-free software and hardware or exclude errors, which may occur
while using the Internet. We will not be liable for any damages or delays to
Customer or third parties incurred as a result of using the Internet or our
platform.
We reserve the right to collect, process and store
Customer’s data, as well as use it for our own purposes, all as stated in any
Policy on our website. We have the right to forward user data to official
authorities where required by law and to third parties agreed to in writing
by Customer. We will not process or forward user data other than to the
extent described in this paragraph and any Policy on our website.
Miscellaneous
The parties agree that this Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania
without reference to conflict of laws principles; provided, however, that if
any provision of this Agreement is in violation of any applicable law, such
provision shall to such extent be deemed null and void, and the remainder of
the Agreement shall remain in full force and effect. Any failure of either
party to enforce, at any time or for any period of time, any of the
provisions under this Agreement shall not be construed as a waiver of the right
of such party to enforce such provisions unless such waiver is in writing.
The parties agree that their obligations under this Agreement shall survive
the termination of the Agreement. Any notice in connection with this
Agreement shall be in writing and shall be deemed to have been given when
personally delivered or on the fifth (5th) day following the date it is sent
and received by email or the fifth (5th) day following the date it is sent by
United States registered or certified mail, postage prepaid, return receipt
requested, to the Customer’s applicable address of record or to TireLocker’s
applicable address on its website. Either party may change its address for
notices hereunder by giving notice of such change in writing to the other
party. Neither TireLocker nor Customer are the legal representative or agent
of the other party for any purpose, and shall not promote themselves as such,
and shall have no power to create, in writing or otherwise, any obligation or
responsibility of any kind, expressed or implied, in the name of or on behalf
of the other party. All amounts payable shall be in U.S. Dollars. The
headings contained in this Agreement are for convenience of reference only
and are not intended to have any substantive effect in interpreting this
Agreement. Any revision or modification of this Agreement shall be effective
only if it refers to this Agreement, is in writing, and is signed by an
authorized representative of each party to this Agreement. This Agreement and
any Policies on Tirelocker’s website constitute the entire Agreement between
the parties in relation to this subject matter. Any dispute arising out of
this Agreement if initiated by Customer shall be referred to arbitration with
a single arbitrator in Philadelphia, Pennsylvania in accordance with the
rules of the American Arbitration Association for commercial disputes. Customer
shall pay TireLocker’s collection costs, and attorneys’ fees and costs, if
TireLocker obtains the services of a collection company and/or an attorney
for purposes of collection or for the successful defense of any claim by
Customer.
All rights are reserved by TireLocker. Text, images,
sound, graphics, animations and videos, as well as layout of TireLocker’s
website are covered by copyright and other trademarks. It is prohibited to
copy, distribute, change, or offer access to a third party, the content of
TireLocker’s website for commercial purposes. Some of our website pages
include images, which are copyrighted by a third party. As indicated
some of our trademarks and service marks on our websites are property of TireLocker or other parties and might be registered trademarks and service marks. The
use of our website does not grant any license to intellectual property by
TireLocker or any third party.
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