WHOLESALE PURCHASE TERMS


These terms govern your use of the wholesale ordering portal operated by Tyresales Pty Ltd and your purchase of tyres via the portal.  Your use of the Portal or placing of an Order constitutes acceptance of these terms.


1. DEFINITIONS 
In this document:
(a) "Delivery Address" means the address for delivery provided in the Order.
(b) "Delivery Date" means the date for delivery stated in the Order confirmation email.
(c) "Goods" means the tyre products specified in an Order which are to be supplied to Tyresales.
(d) “Order” means a Telephone Order or Website Order.
(e) “Purchaser” or “you” means a dealer who purchases Goods under these terms.
(f) “Portal” means the wholesale tyre ordering portal available via the Website.
(g) "Telephone Order" means an offer and acceptance made by telephone (via 1 300 897 372) for the purchase of Goods under these terms.
(h) “Website” means the website hosted at www.tyresales.com.au. 
(i) “Website Order” means an offer made through the Website for the purchase of Goods under these terms.

 

2. PORTAL ACCOUNT
2.1. In order to use the Portal, you must apply for a wholesale account.  Tyresales may accept or reject applications in its sole discretion. 
2.2. Upon creation of your account, you will required to set up a username and password to access the Portal.  Please protect your username and  password as you are responsible for all activity on the Portal conducted under your password.
2.3. Your use of the Website is governed by the terms available at www.tyresales.com.au/terms-conditions 

3. ORDERING
3.1. You may indicate an interest in purchasing Goods at the price indicated on the Website via a Telephone Order or Website Order.  By placing an Order, you warrant that you are 18 years of age or older.  Tyresales is under no obligation to supply the Goods requested .  Within two business days of receipt of your Order, Tyresales will endeavour to either accept or reject your Order by sending you a confirmation email to the address specified in your Order.  Tyresales may reject any Order without giving reasons.  
3.2. Without prejudice to any right which the Purchaser may have at law, once the Purchaser has submitted an Order, it cannot be cancelled.
3.3. Tyresales may cancel an Order after acceptance if you fail to promptly supply information reasonably required by Tyresales to fulfil your Order or if you breach any applicable laws in relation to these terms.
3.4. Despite Tyresales reasonable precautions, Goods and services may be listed from time to time on the Website at an incorrect price or with incorrect availability or other details due to a typographical or other error.  Tyresales reserves the right to cancel any Order subject to such error at any time prior to delivery notwithstanding confirmation of an Order. 

4. WHAT YOU MUST DO
You must; (a) comply with these terms; (b) provide all information required by Tyresales from time to time; and (c) comply with all applicable laws in relation to these terms.

5. DELIVERY OF GOODS
5.1. Tyresales shall deliver the Goods to the Purchaser using a third party freight service at the Delivery Address.
5.2. Tyresales will use best endeavours to deliver the Goods by the Delivery Date.  Delivery estimates are stated in the Portal.
5.3. Please provide a business Delivery Address.  You must be available at the time of delivery to accept the Goods and provide signature acceptance.  If no-one is at the Delivery Address to accept delivery, the Goods will be returned to the nearest freight depot where you must pick them up or organise redelivery at your own expense.
5.4. If you are located in a remote/regional location, delivery to your requested address may not be possible and you may be required to pick the Goods up from the nearest freight depot.
5.5. Delivery costs are included in the price of the Goods as confirmed in your confirmation email..
5.6. Delivery of the Goods will be deemed to have been effected upon delivery of those Goods to the Delivery Address.  
5.7. Each Order and delivery of Goods will be deemed to incorporate these terms, and no other terms or conditions, wherever found, will be deemed to have been accepted, or will in any way modify, these terms, subject to applicable laws.

6. REJECTION OF NON-DEFECTIVE GOODS
6.1. If you order the incorrect tyres and do not notify Tyresales prior to dispatch, you will be responsible for the freight costs to return the Goods to Tyresales. 
6.2. Return of products supplied by Tyresales for reason other than defect will be accepted within five (5) ordinary business days of delivery subject to the following conditions:
(a) Tyres must be in new condition (not fitted or driven);
(b) Freight charges for the return of tyres will be payable by the Purchaser with return freight organised by Tyresales; and
6.3. A credit will be applied to the purchasers account for returned tyres (less freight costs) once they are receipted by Tyresales.

7. DEFECTIVE GOODS
7.1. The Purchaser or its representative must perform any acceptance tests on the Goods to ensure that the Goods within two business days of delivery do not contain any defects.
7.2. If the Purchaser considers, in its reasonable opinion, that certain Goods contain defects, then the Purchaser may give Tyresales written notice specifying those Goods that do not meet that criteria (provided that this notice must be given within 2 business days of delivery), and if no notice is provided within that time, the Goods will be deemed to have been accepted by the Purchaser or by a Purchaser business.
7.3. Tyresales will at its own cost and expense, as soon as reasonably practicable upon receipt of a notice given under clause 7.2, either:
(a) replace the Goods found to be defective; or
(b) collect the Goods that are found to be defective and refund to the Purchaser such amount of the purchase price that has been paid by the Purchaser to Tyresales for the particular defective Goods.
7.4. For the avoidance of doubt, the Purchaser’s rights under this clause shall be in addition to and not in lieu of any other remedies it may have under applicable laws.

8. TITLE AND RISK  
8.1. Tyresales warrants that it has good title to the Goods and that the Goods are free from any encumbrances, liens or any third party claims.
8.2. Title to the Goods passes to the Purchaser upon payment in full for the price of the Goods.
8.3. Risk in the Goods will be with Tyresales until the delivery of the Goods in accordance with these terms and acceptance by the Purchaser of the Goods at the Delivery Address.
8.4. The Purchaser shall insure the Goods for their replacement value from delivery of the Goods to the Delivery Address.

9. PAYMENT  
9.1. Tyresales shall submit to the Purchaser after acceptance of the Telephone Order by Tyresales an invoice describing the Goods supplied and setting out the amount owing by the Purchaser.
9.2. The Purchaser shall pay to Tyresales the amount of the invoice within fourteen (14) days of the date of the invoice, by electronic funds transfer into Tyresales’ nominated bank account, unless otherwise agreed by the parties.
9.3. Fees are inclusive of GST unless otherwise indicated.  
9.4. The fees are payable despite any inability on the part of Tyresales to deliver the Goods which is caused by the Purchaser.
9.5. The Purchaser has 14 days from the date of the invoice to submit any dispute in relation to the invoice, and is still liable to pay for any portion of any invoice to Tyresales which is not subject to a dispute.   

10. TYRESALES’ REPRESENTATIONS AND WARRANTIES  
To the maximum extent permitted by law, Tyresales disclaims all warranties (whether express or implied) in relation to the Goods; and will not be liable for any loss or damage (including costs, loss of time, inconvenience and commercial losses) however caused, whether direct, indirect or consequential, incurred or suffered by you or any third party in respect of the Goods.

11. LIABILITY
11.1. Tyresales will not be liable to the Purchaser or any third party for any loss arising due to a delay in delivery of the Goods or you ordering Goods that are not the correct specification.
11.2. To the extent permitted under applicable law, Tyresales disclaims liability for any loss or damage however caused, whether direct or indirect, by you or any third party in respect of the Goods.
11.3. You indemnify Tyresales, its related bodies corporate and each of their directors, officers, employees against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and / or demands) which may be instituted against Tyresales arising out of:
(a) a breach of these terms by you (including a breach of any representation or warranty contained in these terms); and
(b) any wilful, unlawful or negligent act or omission by you.
The indemnities contained in this clause survive termination of these terms. 

12. PRIVACY
12.1. To read how Tyresales collects, uses and discloses your personal information, click here.
12.2. You consent to the provision of the details of your Order to any third party delivery agent engaged by Tyresales to deliver the Goods.

13. GOVERNING LAW
These terms are governed by and construed in accordance with the laws in the State of Western Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts in that State.

14. ENTIRE AGREEMENT
These terms and conditions, the Order, Tyresales' general website terms and conditions, and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. 

15. GENERAL
15.1. Tyresales may, in its absolute discretion, modify or amend these terms and such modifications or amendments will be binding upon you once displayed on this website. You should regularly check these terms and conditions displayed on this website.
15.2. All rights not expressly granted are reserved.
15.3. If any provision of these terms is invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision is to be severed from these terms and the remaining terms will continue to apply.
15.4. Any delay or failure by Tyresales to enforce any provision of these terms will not be deemed a waiver or create a precedent or prejudice Tyresales' rights in any way. No waiver by Tyresales will be effective unless it is in writing and signed by or on behalf of Tyresales.
15.5. The supply of any Goods is strictly on the condition that the Goods are not used, resupplied, on-sold or transferred, directly or indirectly, in breach of any sanctions or law anywhere in the world. This condition does not apply to any Goods that are export sanctioned goods which are supplied, sold or transferred with appropriate sanctions permit.