Effective Date: January 1, 2025
1. ACCEPTANCE OF TERMS
These Standard Terms and Conditions of Sale (“Terms”) govern all sales of tires and related products by TIRECACHE (“TIRECACHE,” “Seller,” “we,” “us,” or “our”) to its customers (“Customer” or “you”), including wholesale distributors, tire dealers, automotive repair shops, retailers, and other business purchasers.
By placing an order, purchasing products, opening a wholesale account, or accepting delivery, the Customer agrees to these Terms. These Terms apply to all quotations, orders, invoices, shipments, and sales unless TIRECACHE expressly agrees otherwise in a written document signed by an authorized representative.
Any additional or conflicting terms submitted by the Customer, including terms appearing on purchase orders, vendor forms, or other documents, are rejected unless expressly accepted in writing by an authorized representative of TIRECACHE.
2. WHOLESALE SALES AND CUSTOMER RESPONSIBILITIES
TIRECACHE primarily sells tires and related products on a wholesale or business-to-business basis. The Customer represents that it is purchasing for legitimate business purposes and has the authority to enter into a binding agreement.
The Customer is responsible for providing accurate business, billing, shipping, resale, and tax-exemption information, as applicable. The Customer must maintain any licenses, registrations, and resale certificates required by law.
The Customer is responsible for ensuring that all products ordered are appropriate for their intended application, including vehicle compatibility, tire size, load rating, speed rating, and other applicable specifications.
3. PRICING, QUOTATIONS, AND ORDERS
All prices are stated in the applicable currency and are subject to confirmation at the time an order is accepted. Unless expressly stated otherwise, prices exclude applicable sales, use, excise, and other taxes, as well as shipping, freight, delivery, handling, and other additional charges.
Quotations are valid only for the period stated in the quotation. If no validity period is specified, TIRECACHE may revise a quotation before accepting the order.
An order is subject to product availability, credit approval where applicable, and acceptance by TIRECACHE. Order confirmations, invoices, and written agreements may specify additional transaction-specific terms.
TIRECACHE reserves the right to correct typographical, pricing, inventory, and product-description errors and to cancel an order affected by a material error, subject to applicable law. If payment has already been received for a canceled order, any refund due will be processed accordingly.
4. PAYMENT TERMS
All invoices issued by TIRECACHE are due and payable immediately upon receipt, unless otherwise expressly agreed in writing by TIRECACHE.
If payment is not received within ten (10) calendar days from the invoice date, the invoice will be considered overdue, and interest and applicable late payment charges may begin to accrue as provided in Section 5.
The Customer is responsible for ensuring that payments are made in full and on time. Any invoice dispute must be submitted in writing within ten (10) calendar days after the invoice date, specifying the amount disputed and the reason for the dispute. The Customer must pay all undisputed amounts when due.
Nothing in this section waives any rights or remedies that cannot legally be waived.
5. LATE PAYMENT, INTEREST, AND COLLECTION COSTS
Any invoice not paid within ten (10) calendar days from its invoice date will be considered overdue.
a. Interest on overdue invoices. Beginning on the eleventh (11th) calendar day after the invoice date, interest will accrue on all overdue, undisputed balances at the maximum rate permitted by applicable Delaware law, including 6 Del. C. § 2301 and any applicable statutory exceptions. Where a statutory rate limitation applies, the interest rate will not exceed that limitation. Where a statutory exception permits a higher rate, the maximum rate permitted under that exception may apply, provided all applicable legal requirements are satisfied.
Interest will be calculated on a simple-interest basis on the outstanding principal balance until payment is received in full, unless another calculation method is expressly permitted by applicable law and agreed to in writing.
b. Late payment fee. To the extent permitted by applicable law, TIRECACHE may charge a one-time late payment fee of the greater of $25 or 5% of the overdue balance. This fee will be subject to applicable legal limits and any required notice and will not be imposed where prohibited by law.
c. Collection costs. The Customer will be responsible for reasonable collection agency fees, court costs, and attorneys’ fees incurred by TIRECACHE in collecting overdue amounts, to the extent permitted by applicable law or awarded by a court.
d. Returned or rejected payments. TIRECACHE may charge reasonable fees for returned checks, reversed payments, chargebacks, or failed electronic payments, to the extent permitted by law.
e. Suspension and recovery. TIRECACHE reserves the right, to the extent permitted by law, to suspend credit privileges, place pending orders or shipments on hold, require advance payment for future orders, and pursue lawful collection remedies for overdue amounts.
Acceptance of partial payment does not waive TIRECACHE’s right to collect the remaining balance and any applicable lawful charges.
No interest, fee, or other charge will exceed the amount legally recoverable under the law applicable to the transaction. If a provision of this section is unenforceable, it will be applied only to the maximum extent permitted by law.
6. CREDIT HOLDS AND SUSPENSION OF SALES
If the Customer fails to pay an invoice when due, exceeds an approved credit limit, becomes insolvent, or otherwise presents a reasonable credit risk, TIRECACHE may, to the extent permitted by law:
- Suspend or revoke credit privileges.
- Place pending orders or shipments on hold.
- Require payment in advance for future orders.
- Decline new orders or cancel unfulfilled orders.
- Pursue lawful collection remedies for outstanding amounts.
Where required by law or an applicable agreement, TIRECACHE will provide notice or an opportunity to cure before taking such action.
A credit hold or suspension does not release the Customer from its obligation to pay amounts already due.
7. SHIPPING, DELIVERY, AND RISK OF LOSS
Estimated shipping and delivery dates are provided in good faith but are not guaranteed unless expressly agreed in writing.
Delivery may be made through third-party carriers, freight providers, or other transportation services. Shipping charges, freight surcharges, liftgate service, residential delivery, re-delivery, storage, and other special handling charges may be charged to the Customer when applicable and disclosed or otherwise authorized.
Risk of loss and responsibility for the products will transfer in accordance with the agreed shipping terms and applicable law. If no shipping term is expressly agreed, risk of loss will transfer as provided by applicable law.
The Customer must provide accurate delivery information and ensure that the delivery location can safely receive the shipment. Additional costs resulting from inaccurate addresses, refused deliveries, missed deliveries, or special delivery requirements may be charged to the Customer where permitted by law.
TIRECACHE is not responsible for delays caused by carriers, suppliers, weather, natural disasters, labor disputes, government action, or other circumstances beyond its reasonable control.
8. INSPECTION AND CLAIMS FOR SHORTAGES OR DAMAGE
The Customer must inspect all shipments promptly upon receipt.
Visible damage, incorrect products, shortages, or discrepancies should be documented on the carrier’s delivery receipt, where possible, and reported to TIRECACHE in writing within five (5) business days after delivery.
Claims should include the invoice or order number, product identification, quantity affected, photographs where applicable, and a description of the issue.
The Customer must retain affected products and packaging and cooperate with any reasonable inspection or carrier-claim process.
Nothing in this section limits any mandatory rights or remedies available under applicable law. Failure to meet the reporting period will not automatically extinguish a claim where such a result is prohibited by law.
9. RETURNS, EXCHANGES, AND CANCELLATIONS
Because TIRECACHE sells wholesale tires, returns are subject to prior written authorization.
Unless otherwise required by law or agreed in writing, products may not be returned without a return merchandise authorization (“RMA”) issued by TIRECACHE.
Products approved for return must be unused, unmounted, undamaged, unaltered, and in resalable condition, with the original identification and packaging where applicable.
Unless otherwise agreed, the Customer is responsible for return shipping costs. Approved returns may be subject to a reasonable restocking fee disclosed at the time return authorization is granted.
Special-order products, discontinued items, closeout products, and products expressly identified as non-returnable may be excluded from returns, subject to applicable law and any express written warranty or agreement.
Order cancellations require TIRECACHE’s written approval. The Customer may be responsible for reasonable, documented costs incurred before cancellation, including committed supplier costs, freight, and special-order expenses, to the extent permitted by law.
Defective products and products shipped in error will be handled under the applicable warranty, return authorization, and claims procedures.
10. PRODUCT WARRANTIES AND DISCLAIMERS
Products sold by TIRECACHE may be covered by warranties provided by the original tire manufacturer or other product supplier. Manufacturer warranties, where applicable, are subject to their own terms, limitations, exclusions, and claim procedures.
TIRECACHE does not independently extend a manufacturer’s warranty unless expressly stated in a written agreement.
To the maximum extent permitted by applicable law, TIRECACHE disclaims implied warranties, including implied warranties of merchantability and fitness for a particular purpose, where such disclaimers are legally enforceable.
Nothing in these Terms excludes or limits any warranty, guarantee, or remedy that cannot lawfully be excluded or limited.
The Customer is responsible for communicating applicable manufacturer warranty information to its own customers where required by law.
11. TIRE SAFETY, INSTALLATION, AND USE
Tires must be stored, handled, mounted, balanced, inflated, maintained, and used in accordance with manufacturer instructions and applicable safety requirements.
The Customer is responsible for ensuring that tires are installed by appropriately qualified personnel and used only for suitable applications.
TIRECACHE is not responsible for damage, injury, or loss resulting from improper installation, incorrect inflation, overloading, unsuitable vehicle application, improper storage, unauthorized modification, misuse, failure to follow manufacturer instructions, or failure to perform appropriate maintenance, except to the extent caused by TIRECACHE’s own acts or omissions or otherwise required by law.
The Customer must comply with all applicable product safety, labeling, transportation, environmental, and tire disposal requirements.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, TIRECACHE will not be liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, lost revenue, business interruption, loss of business opportunities, or loss of goodwill, arising from or relating to a sale, product, delivery delay, or these Terms.
To the maximum extent permitted by law, TIRECACHE’s aggregate liability arising from a particular order will not exceed the amount paid or payable to TIRECACHE for the specific products giving rise to the claim.
These limitations do not apply to liability that cannot legally be excluded or limited, including liability for fraud or other liability where exclusion is prohibited by applicable law.
The Customer must take reasonable steps to mitigate any loss and must provide TIRECACHE with prompt written notice of any claim.
13. INDEMNIFICATION
To the extent permitted by applicable law, the Customer will indemnify and hold harmless TIRECACHE and its officers, employees, and agents from third-party claims, damages, liabilities, and reasonable expenses arising from the Customer’s improper storage, installation, modification, resale, distribution, or use of products, or from the Customer’s violation of applicable law or these Terms.
This obligation does not apply to the extent a claim results from TIRECACHE’s negligence, willful misconduct, breach of its obligations, or other conduct for which indemnification is prohibited by law.
14. TAXES AND WITHHOLDING
The Customer is responsible for applicable sales, use, excise, value-added, and other transaction taxes, except for taxes imposed on TIRECACHE’s net income.
If the Customer claims an exemption from sales or similar taxes, the Customer must provide valid exemption or resale documentation before the transaction is processed, where required.
If applicable law requires the Customer to withhold tax from a payment to TIRECACHE, the Customer must notify TIRECACHE promptly and provide official documentation of the withholding and remittance. The parties will cooperate in good faith to determine the legally required treatment. Any gross-up obligation will apply only where expressly agreed in writing and permitted by applicable law.
15. FORCE MAJEURE
TIRECACHE will not be liable for delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fires, epidemics, labor disputes, transportation interruptions, supplier shortages, governmental restrictions, war, or interruptions to utilities or communications systems.
TIRECACHE will make reasonable efforts to notify the Customer of material delays and resume performance when reasonably practicable.
If a force majeure event materially affects an order, the parties may agree to revised delivery arrangements or cancellation of the affected portion of the order, subject to applicable law.
16. INTELLECTUAL PROPERTY AND WEBSITE USE
All trademarks, logos, product images, text, designs, and other content appearing on tirecache.com are owned by or licensed to their respective rights holders.
The Customer may use manufacturer trademarks and product materials only as permitted by the relevant rights holder and applicable law.
Use of the TIRECACHE website must comply with applicable law. Unauthorized interference with the website, fraudulent account activity, or misuse of website content is prohibited.
17. GOVERNING LAW AND DISPUTES
These Terms and any sale governed by them will be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
Any dispute arising out of or relating to these Terms or a sale by TIRECACHE will be brought in a court of competent jurisdiction as determined under applicable law. Nothing in this section limits any right or remedy that cannot lawfully be waived or restricted.
18. ENTIRE AGREEMENT AND CHANGES
These Terms, together with the accepted order, applicable invoice, and any written agreement signed by TIRECACHE, constitute the agreement governing the relevant sale.
If a provision of these Terms conflicts with a transaction-specific written agreement signed by an authorized representative of TIRECACHE, the signed agreement will control to the extent of the conflict.
TIRECACHE may update these Terms prospectively by posting a revised version on tirecache.com. Updated Terms will apply to future orders after their effective date, subject to applicable notice and acceptance requirements. Changes will not retroactively modify an existing order unless agreed in writing or otherwise permitted by law.
19. SEVERABILITY AND WAIVER
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.
A failure or delay by TIRECACHE to exercise a right under these Terms does not constitute a waiver of that right. Any waiver must be express and will apply only to the specific matter for which it is given.
20. NOTICES AND CONTACT
Notices concerning orders, invoices, payment disputes, warranty claims, and other matters under these Terms should be sent to the contact information provided on the applicable invoice, order confirmation, or tirecache.com.
The Customer is responsible for keeping its contact and billing information accurate and current.