Okanagan Tire Storage Inc. Terms & Conditions
Before placing an order or renewal with Okanagan Tire Storage, Inc. (Okanagan Tire Storage), please make sure you (Customer) understand your rights and obligations under these terms and conditions, which apply to original and renewal periods. Okanagan Tire Storage is engaged in the storage and delivery of seasonal tires for customers (Services). All customer orders for Services must be accepted by Okanagan Tire Storage and are not valid until accepted by Okanagan Tire Storage and Customer has made all required payments. Okanagan Tire Storage reserves the right to reject any Customer order. For purposes of Okanagan Tire Storage Services: “tires” means tires as well as rims and any attached tires, and associated lug nuts, supplied to Okanagan Tire Storage; “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 Okanagan Tire Storage from time to time, will apply to future transactions for the Services without any further detailed agreement being necessary. Okanagan Tire Storage 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:
Okanagan Tire Storage Obligations
Upon commencement of the Services, Okanagan Tire Storage 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 80 kilometers of customer’s home address. Okanagan Tire Storage will store Customer’s seasonal tires until Customer informs Okanagan Tire Storage to have seasonal tires delivered to Customer’s dealer or home. Okanagan Tire Storage will take the seasonal tires that have been removed from Customer’s vehicle to an Okanagan Tire Storage facility. Customer’s dealer must be within 20 kilometers of Customer’s home address on Okanagan Tire Storage’s records. If Customer’s dealer is not within 80 kilometers of Customer’s home address on Okanagan Tire Storage’s records, Customer agrees that Customer may be charged a fee determined by Okanagan Tire Storage for any location beyond the first 80 kilometers from Customer’s home. In no event will Okanagan Tire Storage be obligated to deliver any tires beyond 80 kilometers from Customer’s home address of record. For the seasonal fee, Customer is entitled to have their 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, Okanagan Tire Storage will deliver Customer’s winter tires to the dealer in November and pick up and store Customer’s summer tires at that time, and deliver Customer’s summer tires to the dealer in April and pick up and store Customer’s winter tires at that time. Okanagan Tire Storage’s obligations are conditioned on Customer’s dealer agreeing to accept from Okanagan Tire Storage and hold Customer’s tires for a period of at least two full business days prior to the time for tire changing and at least two full business days prior to the time for pick up by Okanagan Tire Storage. 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 and buys new seasonal tires from the dealer, at no additional cost Okanagan Tire Storage will pick up the new tires for the old tires when Okanagan Tire Storage 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 their seasonal tires or from the business that they use to change their seasonal tires but not at the same time they are changing their tires, Customer shall call Okanagan Tire Storage to make arrangements to replace the tires. For an additional fee determined by Okanagan Tire Storage, Okanagan Tire Storage will pick up their new tires from Customer or at the place of purchase (as long as it is within 80 kilometers of customer’s home address of record) and return the old tires to Customer. Customer and their dealer will be responsible for disposal of any old tires and any tires after non-renewal of Okanagan Tire Storage services.
DURING THE PERIOD BETWEEN OCTOBER 1 AND DECEMBER 15 OF EACH YEAR AND BETWEEN MARCH 1 AND MAY 15 OF EACH YEAR (“CHANGING SEASON”) CUSTOMER MUST NOTIFY Okanagan Tire Storage 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 Okanagan Tire Storage WITH SUFFICIENT TIME TO DELIVER THE TIRES TO CUSTOMER’S DEALER. 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 AN EXTRA FEE OF NOT LESS THAN $75 PLUS APPLICABLE TAX FOR EACH DELVERY AND EACH PICKUP AS DETERMINED BY Okanagan Tire Storage FOR THE NEXT PICK UP OR DELIIVERY. CUSTOMER AGREES Okanagan Tire Storage IS PERMITTED TO MARK OR OTHERWISE IDENTIFY CUSTOMER’S TIRES FOR TRACKING PURPOSES.
Okanagan Tire Storage 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 no longer requested by Customer, Okanagan Tire Storage disposes of any of Customer’s tires or needs to charge customer for any other additional fees, Customer hereby authorizes Okanagan Tire Storage to charge Customer’s credit and/or debit card, and otherwise hold Customer responsible, for the cost of such disposal, plus $100.00.
Customer shall not deliver any tires directly to Okanagan Tire Storage. Customer agrees that Customer shall have no access to Okanagan Tire Storage’s storage facilities and that Okanagan Tire Storage has the right to reject any tires of Customer that Okanagan Tire Storage 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 Okanagan Tire Storage Services. Customer authorizes Okanagan Tire Storage to charge all amounts due under any applicable credit or debit card presented to and acceptable to Okanagan Tire Storage. Customer agrees that there are additional fees for truck tires. If Customer terminates the need for Okanagan Tire Storage Services prior to expiration of the service year, Okanagan Tire Storage will not provide any refund or credit to Customer.
This Agreement shall become effective upon acceptance by Okanagan Tire Storage 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. Upon the expiration or termination of this Agreement, Okanagan Tire Storage shall deliver Customer’s tires to Customer’s home address of record. If Okanagan Tire Storage terminates this Agreement before the end of the then current service year, and only if Customer does not owe any amounts to Okanagan Tire Storage, as Customer’s sole remedy, 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 Okanagan Tire Storage and Okanagan Tire Storage is not responsible for such damage. Okanagan Tire Storage 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 Okanagan Tire Storage 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 Okanagan Tire Storage without any compensation payable to customer.
No Warranties; Limitation of Liability
Okanagan Tire Storage 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 Okanagan Tire Storage, 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 Okanagan Tire Storage OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, AND/OR EXPENSES. TO THE EXTENT Okanagan Tire Storage BECOMES LIABLE NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, Okanagan Tire Storage’s MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE UNUSED PRO RATA PORTION OF PAYMENTS RECEIVED BY Okanagan Tire Storage FOR THE SERVICES FOR THE THEN CURRENT SERVICE YEAR.
Customer’s Representation and Indemnification
Customer represents and warrants to Okanagan Tire Storage that Customer is the owner of, and/or has the right to be in possession of, all tires furnished to Okanagan Tire Storage; and Customer will defend, at its expense, indemnify, and hold harmless Okanagan Tire Storage against any damages and expenses that may occur (including reasonable attorneys’ fees), and pay any costs, damages, expenses, or attorneys’ fees awarded against Okanagan Tire Storage, 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 Okanagan Tire Storage are and will continue to be free and clear of any liens, encumbrances, and other parties’ rights.
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 Okanagan Tire Storage 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 Okanagan Tire Storage. 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.