Terms of Use at TyrePitstop

This website is owned and operated by Tyreplus Engadine and Tyreplus menai PitStops. By accessing or using this site, you agree to the terms set forth in the Terms of Use agreement. Tyrepitstop retains the right, at its discretion, to change any of these terms in the future. Your continued use of the http://www.tyrepitstop.com.au site constitutes your agreement to all of these Terms of Use as revised from time to time. Please review our Privacy Policy.

Trademarks and copyright
All brand names, service names, product names, titles and copyrights used in this site are trademarks or copyrights of their respective holders. No permission is given by Tyrepitstop or its subsidiaries for their use by any person other than such holders and such use may constitute an infringement of the holders’ rights. You may not copy, reproduce, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.

Data protection and privacy
We may need to know your personal details including your name, address and email address to provide you with information or reply to your queries. We will treat the information you give us with respect, as well as in accordance with the law.

Warranty and liability disclaimer
This website is provided by Tyrepitstop in good faith on an “as is” basis and Tyrepitstop makes no representations or warranties, express or implied, about its site or the material contained or referred to on it, and will not be held liable in any way for your use of it. Except to the extent as provided by the applicable law, Tyrepitstop disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Tyrepitstop or any affiliated company or individual shall not be held liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever arising out of or in any way connected with the use of the http://www.tyrepitstop.com.au site or for any information, software products or services obtained through the website.

Site security
Tyrepitstop makes reasonable attempts to exclude viruses, worms, Trojans and other malicious or destructive computer code from its website and the website’s contents. Tyrepitstop gives no assurance (whether express or implied), assumes no obligation and accepts no liability or responsibility in relation to such exclusion. You are strongly recommended to take all appropriate safeguards before using this web site or downloading any information or content from it.

Links to other websites
Neither we nor any of our subsidiaries are responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links.

Privacy Policy
Tyrepitstop approaches our communications on the Internet with respect for, and commitment to protecting, your privacy rights. This privacy policy describes how we collect, protect, use and share information gathered about you on the Tyrepitstop Website. We hope that this disclosure will help increase your confidence in our site and enhance your experience on the Internet. For full deatils of our Privacy Policy CLICK here.

Purchases
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. When you place an order you are offering to make payment in accordance with these terms and conditions. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.

Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

Purchases from Tyrepitstop website are via our banking partner (ANZ Bank) http://www.anz.com.au. Terms and conditions will apply based on our merchant supplier. We would advise you to read the terms and conditions applicable to these sites prior to purchase. Tyrepitstop has no control over the terms and conditions and or content of third party sites.

Indemnity
You agree to defend, indemnify and hold Tyrepitstop and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website.

Applicable law
This agreement is governed by the laws of Australia and New South Wales and venue shall be in the High Court of Justice. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain.

Delivery of goods to you
1. The Seller will arrange a courier on the Buyer’s behalf for the goods ordered by the Buyer to the person and address you give the Seller at the time the Buyer makes the order. Delivery will be made as soon as possible after the Buyer’s order is accepted and payment is cleared. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies. The Buyer will become the owner of the goods ordered when the goods are shipped to the Buyer from the Seller’s distribution centre.

1. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing.

1. The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract for the sale and purchase of the goods by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.

1. If the Seller is prevented by circumstances beyond its control from shipping or delivering within the time stipulated in the confirmation, such time will be extended for a reasonable period after such circumstances have ceased to operate and any delay so caused will not be grounds for cancellation by the Buyer or for any claim for damages or compensation by the Buyer.

1. The goods will be delivered to the Buyer’s premises. The Buyer must pay all delivery charges specified in the invoice for the goods.

1. Delivery will be deemed to have been effected on receipt by the Seller of a delivery note signed by a representative of the Buyer.

1. The Buyer is deemed to have inspected the goods immediately upon receiving delivery of the goods. If there is any damage to the goods or shortage in the quality delivered, then the Buyer will immediately notify the Seller by making a note and signing the consignment note retained by the carrier of the goods. The Buyer must also provide sufficient evidence to support the allegation of damaged goods and/or a shortage in delivery of the goods. Should the Buyer fail to notify the Seller of this, the Buyer shall not have any claim against the Seller for damage to the goods and/or shortage in the quality delivered or at all.

1. A clear signature of the recipient or the Buyer’s representative on the Seller’s consignment note shall be deemed to signify receipt of the quantity.

1. If the Buyer fails to advise of damage as set out above, the goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage and the Buyer shall be deemed to have accepted the goods.

1. If the goods are not in accordance with the Contract for any reason and the Buyer has duly given the Seller notice thereof as set out above, the Buyer’s sole remedy shall be limited to the Seller making good any alleged defect, shortage in quantity or failure to comply with description by replacing or effecting rectification of such goods at the Seller’s discretion or, if the Seller shall elect, by refunding a proportionate part of the price under the Contract.

1. Where the Buyer rejects any goods, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply goods which conform to the contract.

1. Where the Buyer accepts or has been deemed to have accepted any goods, then the Seller shall have no liability whatever to the Buyer in respect of those goods.

1. The Seller shall not be liable to the Buyer for late delivery or short delivery of the goods.

1. Unless agreed to the contrary in writing, the Seller reserves the right to make part deliveries of any order.

1. Failure to make a delivery of the total order will not invalidate the contract as regard other deliveries.

Price

1. The price shall be the Seller’s quoted price.

1. If GST is payable on a Taxably Supply made under, by reference to or in connection with this Agreement, the Buyer must also pay the GST amount as additional Consideration. This clause does not apply to the extent that the Consideration for the Taxable Supply is expressly stated to be GST inclusive. Any inference in the calculation of Consideration under this Agreement to a Cost, expense of other liability incurred by a party, must exclude the amount of any input Tax Credit entitlement of that party in relation to the relevant cost, expense of other liability.

Limitation of Liability

1. The Seller’s liability for a breach of condition or warranty that cannot be excluded is limited at the Seller’s option to:

1. the replacement or repair of the goods; or
2. the supply of equivalent goods; or
3. the cost of replacing or repairing the goods or of acquiring equivalent goods; and to the maximum extent permitted by law .

4.2 The Seller is not liable for:
1. any loss or damage to the goods resulting from any act or omission on the part of the Buyer, or the employees, contractors or agents of the Buyer; or
2. any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on the Seller’s part in relation to the obligations under a Contract of Sale, however caused.

4.3 The Seller expressly does not accept liability for any goods that are:

1. Damaged by accident;
2. Fitted to or used on rims or wheels that do not comply with Australian Designs or standards;
3. Used on wheels or rims that are out of alignment, damaged or rusty;
4. Used to carry loads or operate at speeds which are outside the recommended guidelines;
5. Altered, reprocessed or repaired in any way other than by or through the Seller, and
6. Fitted or used in breach of the Seller’s conditions or use or technical specifications as published from time to time.