Terms and Conditions

These terms apply in any contract of supply of goods or services made between Tyres Today (US) as supplier and you (YOU) as buyer. Placing an order with us will constitute deemed acceptance by you of these terms. These terms prevail over any terms put out by You, unless we agree in writing.

Application of these Terms and Conditions

Your request for Goods or Services constitutes an offer by You for Us to supply You with Goods and Services on these terms and conditions which may be accepted by Us providing You with those Goods or Services. These terms and conditions govern the supply by Us of Goods and Services to You and will apply to the exclusion of any other terms and conditions notified to or agreed with You, or any terms and conditions proposed or notified by You to Us. Unless We agree in writing, these terms and conditions comprise the entire agreement between You and Us in respect of the supply of any Goods and Services by Us to You. We may vary these terms and conditions from time to time in which case an updated document will be made available by notice on Our Website. The request for Goods or Services by You following such a notice will constitute Your acceptance of that variation.

Pricing and Payment

Prices quoted for the supply of goods and services include GST. Payment is required in full on delivery of the goods or completion of the services. Payment by cheque is not deemed made until the proceeds of the cheque have cleared.

Passing of Property

Until you make full payment for all goods and services and for all other amounts owing to us: (a) Title in all goods remains vested in Us; (b) We retain a lien over any Vehicle which entitles us to sell any Vehicle in Our possession, subject to providing 14 days written Notice to you, by treaty or public auction as we deem suitable, and allocate the proceeds to satisfy any amounts owing. You acknowledge that: We have a statutory right to sell or dispose of uncollected goods pursuant to and within the meaning of the Australian Consumer Law and Fair Trading Act 2012 (Vic) or disposal of Uncollected Goods Act 1968 (Tas) (as applicable).

Personal Property Securities Act

The PPSA applies to these Terms. These Terms are a security agreement and We have a Purchase Money Security Interest in all present and future goods supplied by Us to You and the proceeds of the goods. Where the goods are installed in or affixed to other goods, the security interest extends to both the accession and the other goods or mass.Where permitted by the PPSA, You waive any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA. The Supplier and You agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA will apply to these Terms. To the extent permitted by the PPSA, You agree that: (a) the provisions of Chapter 4 of the PPSA which are for Your benefit or which place obligations on Us will apply only to the extent that they are mandatory or We agree to their application in writing; and (b) where We have rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.

Risk

Risk in the goods will pass to You on the goods being delivered to You or taken from Our premises. You are responsible for all loss, damage or injury to persons or to property arising out of the use, installation or possession of the goods, unless recoverable from Us under the ACL.

Delivery

Any date for delivery of goods or provision of services stated by Us is an estimate only. We will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date. If we cannot complete the services by any estimated date, we will complete the services within a reasonable time. Unless otherwise agreed, You must collect the goods or any Vehicle within 2 days of being advised that they are ready. If you do not You will be liable for storage charges payable on demand.

Liability and Disclaimers

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. During repairs, some or all of your stored data, if any, may be lost. You must ensure that any data is saved elsewhere prior to repairs. Except as the Terms state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure. Except to the extent of any liability under the ACL, We are not liable: (a) To You or any third party for any failure of a statutory guarantee Under the ACL; (b) For any indirect or consequential losses or expenses suffered by you or any third party howsoever caused. Nothing in the Terms excludes, restricts or modifies the application of any State or Federal legislation which cannot be excluded, restricted or modified.

Variation and Cancellation

We reserve the right to change the specifications of the goods provided that the end performance is not materially prejudiced. If we are unable to provide the goods or services, then we may cancel your order. No purported cancellation by You is binding on Us.

Warranty

Tyres Today warrants that if any defect in any workmanship of Tyres Today becomes apparent and is reported to Tyres Today within the earlier of twelve (12) months of the date of delivery or 20,000 kilometres (time being of the essence) then Tyres Today will either (at our sole discretion) replace or remedy the workmanship. For Parts not manufactured by Tyres Today, the warranty shall be the current warranty provided by the manufacturer or supplier of the Parts. Tyres Today shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the parts. If failure occurs within this warranty period, Tyres Today is to be notified immediately, so that necessary repairs may be arranged. Warranty repairs must only be executed by, or at a venue nominated by Tyres Today. Removal or repair without our consent will render the warranty void. This warranty does not cover consequential damage, injury to person or persons, towage, accommodation or loss of income nor does it cover defects arising from accidents, misuse, overloading, negligence or participation in competitive motor sports, nor does it cover parts fitted to vehicles modified from manufacturer’s specifications. Warranty is not transferable upon the sale of the vehicle. If a part is replaced during its warranty period, there are no extensions of the original warranty. The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through continued use of the vehicle after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.