General terms & conditions
TyreStock general terms and conditions of payment and delivery
Article 1 – Definitions/General
a) In the General Terms and Conditions of TyreStock, the terms below shall have the following meanings:
– TyreStock: any company recognised by TyreStock Pty Ltd that refers to the General Terms and Conditions of TyreStock Pty Ltd. in its offers and contracts and applies them to its transactions;
– Customer: the party (not being a consumer) to which TyreStock has sent an offer and/or that has engaged a TyreStock to provide services or deliver goods.
b) The terms and conditions shall apply to the formation, substance and performance of all contracts concluded between a TyreStock Supplier and the Customer for the delivery of goods and/or the provision of services by TyreStock.
c) Any purchase or other conditions of the Customer shall not apply, unless this has been expressly agreed in writing.
Article 2 – Offers/Prices
a) Unless explicity stated otherwise therein, all offers shall be free of obligation. Any offer provided by TyreStock Pty Ltd can only be accepted unaltered.
b) The prices quoted by TyreStock shall apply for delivery ex warehouse or place of business of TyreStock Pty Ltd., unless otherwise agreed upon in writing.
Article 3 – Delivery and Delivery Period
a) The delivery dates and other dates stated by TyreStock shall always be indicative and can under no circumstances be regarded as deadlines.
b) Goods and/or services shall be deemed to have been provided as soon as the goods are ready to be collected from or delivered by the TyreStock Supplier and/or the activities to be performed as part of the services have been completed.
c) The Customer shall be obligated to accept any deliveries made earlier than specified by the TyreStock. TyreStock may effect partial deliveries and invoice the Customer separately therefor. Partial deliveries cannot be undone if it appears afterwards that the order cannot be delivered in full.
Article 4 – Force Majeure
a) In addition to its definitions in law and case law, force majeure shall be understood to mean any external causes beyond the control of TyreStock that prevent the regular performance of an obligation, irrespective of whether such a cause could have been foreseen at the time the contract was concluded. Such causes shall include strikes, a general lack of raw materials, unforeseeable delays at suppliers or other third parties that TyreStock depends on, government measures, general power supply failures and general transport problems.
b) TyreStock may also invoke force majeure if the circumstance preventing (continued) performance commences after TyreStock should have fulfilled its obligation.
c) In the event of prolonged force majeure, TyreStock shall be entitled to declare the contract dissolved in writing without assuming liability for damages.
d) During the period of temporary force majeure, TyreStock delivery and other obligations shall be suspended without judicial intervention and the delivery period shall be extended by the same period. If the period of force majeure continues for more than three months, either party shall be entitled to dissolve the contract with due regard for the provisions set forth in Article 4e), without assuming liability to pay the other party damages.
e) If TyreStock has already fulfilled part of its obligations or is only able to perform its obligations partially at the time the force majeure commences, TyreStock may invoice separately for the portion already delivered or deliver the relevant portion and send an invoice for it. The preceding provision shall not apply if the portion already delivered or yet to be delivered has no independent value.
Article 5 – Risk, Retention of Title and Right of Retention
a) The Customer shall bear the risk of any and all damage sustained or caused by the goods and/or services provided as from the moment of delivery. The party responsible for organising transport shall bear said risk as from the moment at which the transport commences, and shall be obligated to take out adequate insurance for said risk.
b ) All goods delivered and yet to be delivered under a specific contract shall remain the exclusive property of TyreStock until the Customer has paid all sums it owes or will owe TyreStock . T his means that the paid goods shall not become the Customer’s property until the Customer has settled all sums due to TyreStock, including invoices other than those sent for the goods present.
d) If the Customer fails to pay on time, TyreStock shall be entitled, without notice of default or judicial intervention being required and without assuming liability for damages, to dissolve the purchase contract and repossess the goods delivered, to which the Customer shall grant TyreStock free access.
e) As long as the ownership of the goods delivered has not passed to the Customer, the latter may not pledge the goods or encumber them with any other security rights. The Customer shall be allowed to dispose of goods from TyreStock in the course of its normal business operations.
f) Goods that are present on the Customer’s premises and are listed in the TyreStock product range shall be deemed to have come from TyreStock, unless the Customer proves that the goods come from a different source (subject to proof to the contrary).
g) Until the Customer has paid TyreStock all sums due under a contract, TyreStock may keep the Customer’s goods in its possession and recover the sum due therefrom, unless the Customer has provided sufficient security for its debt.
Article 6 – Payment
a) All deliveries shall be made on prepayment.
b) All costs associated with payment shall be borne by the Customer.
c ) If the Customer defaults on fulfilling its payment obligations, delivery will be canceled.
Article 7 – Conformity
a) TyreStock shall perform the contract to the best of its ability and understanding, in accordance with the requirements of good workmanship. The Customer shall be obligated to examine as soon as possible after delivery whether TyreStock has duly complied with the contract and to notify TyreStock in writing within 24 hours if the latter’s performance should be found inadequate. If notification is not received within this period, delivery will be considered as correct. By signing for correct receipt on delivery, the Customer shall waive the right to lodge any complaints regarding quantity and visible damage to the goods received.
b) Complaints shall not entitle the Customer to postpone any other current payment s.
c) If a complaint is lodged on time the Customer shall allow TyreStock to verify the validity of the complaint. If the complaint is valid, the Customer shall give TyreStock a reasonable period of time to repair or replace the service or item provided.
d) The parties shall also deem the performance of the contract to be satisfactory if the Customer has failed to effect the verification or notification referred to in Article 7a on time.
e) TyreStock shall guarantee both the soundness of the goods delivered in relation to their price and the quality of the services provided, except if:
– The Customer does not follow the instructions or regulations given by the Supplier or its supplier;
– They are not used normally;
– Defects are the result of normal wear and tear or normal use;
– An item is installed, repaired or altered by a third party at the Customer’s behest;
– A government regulation dictates the nature or quality of the materials used;
– The Customer supplies materials or goods to TyreStock for processing;
– Materials, goods or working methods have been employed on the Customer’s express instructions.
f) If TyreStock replaces any goods these items shall become its property. If the Customer has already put the items into use, TyreStock shall be entitled to charge the Customer a fee relative to the period during which the items in question were used by the Customer or a third party and this fee shall be in the same proportion to the purchase price as the period of use to the normal life span of the items.
Article 8 – Liability
a) TyreStock’s total liability shall be limited to repair, replacement or revocation of the contract. TyreStock shall not be liable for any other compensation (no compensation for consequential loss). The Customer shall be responsible for claims to guarantees provided by third parties (manufacturer or importer).
b) TyreStock, its subordinates and third parties engaged by it shall not be liable for damage to people, items or the business of the Customer and/or third parties resulting from defects in the goods and/or services provided by TyreStock, except in the event of intent or wilful recklessness.
c) The Customer shall indemnify TyreStock against third-party claims resulting from a shortcoming in the goods or services provided.
d) In addition, TyreStock liability shall be limited to the amount paid out by the insurance company in so far as such liability is covered by the insurance taken out. If the insurance should not provide cover or if the insurance company refuses to pay, TyreStock liability shall be limited to the invoice value of the relevant item and/or service.
Article 9 – Applicable Law and Disputes
This Agreement is governed by and construed in accordance with the laws of the State of Queensland Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
10. TyreStock May Change These Terms and Conditions
(b) TyreStock may cease to provide you with access to the platform without prior notice.
(c) All rights not expressly granted are reserved.