RHINO TIRE
RHINOTIRE LLC TERMS AND CONDITIONS OF SALE and USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY RHINOTIRE LLC, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DISCONTINUE YOUR USE OF THIS SITE.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are
subject to change without prior notice at any time, and in
Rhinotire LLC.'s sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts
that change. Customers should check this User Agreement
frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Rhinotire LLC.
By visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User
Agreement, as it may be changed from time to time by
Rhinotire LLC, do not use this Site. The material provided
on this Site is protected by law, including but not limited
to United States copyright law as well as international
treaties. This Site is controlled and operated by Rhinotire
LLC. from its offices within the United States. Rhinotire
LLC. makes no representation that materials in the Site are
appropriate or available for use, and access to them from
territories where their contents are illegal is not
authorized. Those who choose to access this Site from other
locations do so on their own initiative and are responsible
for compliance with applicable local laws.
By visiting this Site, you agree that any claim relating to
the use of or visitation to this Site and the information
contained herein shall be governed by the laws of the
Commonwealth of New York (“NY”) without regard to conflict
of law rules, and you also consent to the jurisdiction of
the federal and state courts located in Queens County, NY to
hear any such claims.
INTERNET TERMS AND CONDITIONS OF SALE
(Version 2008-1; posted and effective as of March 19, 2008)
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH RHINOTIRE LLC. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Sales to End Users Only
The Rhinotire Store sells and ships products to end user,
retail customers only. All dealers, commercial fleets,
government agencies, OEM manufacturers and international
distributors should contact Rhinotire LLC at 212-202-1606 or
via e-mail @ sales@rhinotire.com.
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer
and Rhinotire LLC. The Customer accepts this Sale Agreement
by making a purchase, placing an order, or otherwise
shopping on the Site. The terms and conditions of this Sale
Agreement are subject to change without prior notice, except
that the terms and conditions posted on the Site at the time
the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Rhinotire relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Rhinotire. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Rhinotire at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Rhinotire reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. Rhinotire also may change or modify these Order Terms from time to time, with or without notice, with such revised terms applicable from the date posted. You should recheck the effective date of the Order Terms posted on this Site prior to each transaction you make on this Site to determine if you have reviewed the version applicable to your transaction, including without limitation, Items ordered that were previously saved in this Site's shopping cart mechanism. Rhinotire has posted above the effective date of this version of these Order Terms for your reference.
BY PLACING AN ORDER FOR ITEMS ON THIS SITE, OR BY ACCEPTING DELIVERY OF SUCH ITEMS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE ITEMS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE ORDER TERMS. IF YOU DO NOT AGREE TO THESE ORDER TERMS, DO NOT PLACE ANY ITEM ORDERS ON THIS SITE. THESE ORDERS TERMS INCORPORATE BY REFERENCE AND INCLUDE THIS SITE'S "Site Terms" AND "Privacy Policy". Please review this Site's Site Terms and Privacy Policy to confirm your agreement with such terms. IF YOU DO NOT AGREE TO THIS SITE'S SITE TERMS AND PRIVACY POLICY, DO NOT PLACE ANY ITEM ORDERS ON THIS SITE.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY
THE LAWS OF THE COMMONWEALTH OF New York (NY), WITHOUT
REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO
THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
QUEENS COUNTY, NY FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or damage that
occurs during shipping by a carrier selected by Rhinotire is
Rhinotire’s responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is
Customer's responsibility. All shipments shipped by using the United States Postal
Service (USPS) are done so without means of tracking. By
selecting shipping via USPS, you the purchaser assume all
risk for Loss or damage of your order.
Export Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer may be required to obtain
from the federal government certain export documentation
before shipping to a foreign country. The determination of
need and obtaining such documentation is the sole
responsibility of the Customer. In addition, Rhinotire’s
warranties for exported goods may vary or even be null and
void for goods exported outside the United States. The
Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
RHINOTIRE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY RHINOTIRE LLC. AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an
Internet access provider. Contact your local access provider
for rates, terms and conditions.
Disclaimer of Warranty
EXCEPT FOR THE FOREGOING, RHINOTIRE EXPRESSELY DISCLAIMS ALL
GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Limitation of Liability
RHINOTIRE's LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF
OR RESULTING FROM AND BREACH OR DEFAULT BY RHINOTIRE IN
CONNECTION WITH THE SALE OF GOODS HEREUNDER SHALL NOT EXCEED
THE PURCHASE PRICE THEREOF, REGARDLESS OF WHETHER SUCH
LIABILITY ARISES IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE,
AND IN NO EVENT SHALL RHINOTIRE BE LIABLE FOR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
RHINOTIRE WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE. FOR THE PURCHASE(S) UNDER THIS
AGREEMENT. NO REPRESENTATIVE OF RHINOTIREIS AUTHORIZED TO
MODIFY THIS SECTION OR TO ISSUE ANY WARRANTY REGARDING GOODS
DELIVERED HEREUNDER ON BEHALF OF RHINOTIRE. CUSTOMER AGREES
THAT ANY CIVIL ACTION AGAINST RHINOTIRE RELATING TO OR
ARISING OUT OF THE SALE OF GOODS HEREUNDER SHALL BE
COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF
ACTION OCCURED; OTHERWISE IT SHALL BE BARRED.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or
validity thereof, the relationships which result from this
Sale Agreement (including, to the full extent permitted by
applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Rhinotire's
advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED
BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at
the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration
agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of
Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought).
Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Queens,
NY. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party
shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Order Processing
Orders are not binding upon Rhinotire until accepted by
RhinotireTerms of payment are within Rhinotire's sole
discretion. The estimated shipment date on your order is
based on product availability, payment processing time, and
warehouse processing time and does not include transit time.
Payment processing will not begin until we receive all the
information we need and full payment or a full
authorization, in the case of credit card, money order,
cashiers check, and PayPal orders.
Orders placed on the weekend or on a holiday will begin
payment processing the next business day.
Orders for in-stock items that are eligible for same-day
shipping must be received before Rhinotire local time of
12:00 p.m., pending payment processing. Orders placed on the
weekend or on a holiday will begin payment processing the
next business day. Unanticipated changes in supply can
affect product availability. Please confirm the estimated
shipping lead time at the "Review Your Order" page for the
most current availability information.
Business days are Monday through Friday, excluding federal
holidays.
Please review the Product Availability section below for
more information regarding order processing and product
availability times.
The Customer is responsible for any applicable customs, duties, sales and all other taxes associated with the order.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and
offers, Rhinotire reserves the right to make adjustments due
to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and
other extenuating circumstances.
While Rhinotire uses reasonable efforts to include accurate and up-to-date information on the Site, Rhinotire makes no warranties or representations as to the Site's accuracy. Rhinotire assumes no liability or responsibility for any errors or omissions in the content on the Site.
Shipping Policy
Shipping and handling charges on all orders vary; contact
your Rhinotire account manager for our most current and
competitive rates, options and shipping specials. Quoted
shipping dates are based on estimates at the time of sale.
RHINOTIRE will use its best efforts to meet such shipping
dates, but shall not be liable for any direct or indirect
costs or damages, including without limitation incidental or
consequential damages resulting from late deliveries or
product availability. RHINOTIRE will make all reasonable
efforts to facilitate quick deliveries. RHINOTIRE does not
accept C.O.D. orders. The Customer must inspect all
shipments for damage and is responsible for making claims to
the shipper in accordance with shipper requirements, but in
no case later than 24 hours after receipt of product
shipment. In-stock merchandise will usually ship within 48
hours of order receipt. Some items may not be in stock at
time of order and stock is shipped on a first come, first
served basis. Back-ordered merchandise may take up to two to
four weeks for delivery. In some circumstances,
international shipping may be available. Call for details.
Product Availability
Order lead time is the length of time it will take us to
validate your credit card, assemble the right products and
package your order. Shipping time is the length of time it
will take for the package to travel from our warehouse to
your shipping address.
Rhinotire makes every effort to ship your product according
to the estimated lead times provided by the Rhinotire Store
at checkout. The estimated lead times are in business days
(Monday through Friday) excluding Federal Reserve holidays.
Lead times will begin the following business day for orders
placed and credit cleared after 12 p.m. EST.
Although every effort is made to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes, Rhinotire will contact you via email and provide a revised shipping estimate.
Payment Methods
Credit Card
You may pay by credit card no matter which ordering method
you use (Internet or phone). At the time your order is
placed, Rhinotire obtains a pre-approval from the credit
card company for the amount of the order. Credit card
billing occurs when your order is processed. The Rhinotire
Store accepts Visa, MasterCard, and American Express cards.
PLEASE NOTE:
- We are unable to accept credit cards issued by banks
outside of the United States.
- Debit cards and check cards have daily spending limits
that may substantially delay the processing of your order.
Credit Card Security Codes
The Rhinotire Store requires the credit card security code
for your card for any telephone or online purchase. The
credit card security code is an individual three- or
four-digit number specific to your credit card that may be
printed on the face of your card above the embossed account
number (if American Express), or on the back of your card,
on the signature panel (if Visa, or MasterCard). Asking for
and confirming your credit card's security code helps
validate that you - and only you - are in the possession of
your credit card and protects you from unauthorized use of
your account.
Cashier's Check or Money Order
The Rhinotire Store accepts cashier's checks and money
orders as valid forms of payment. Personal or business
checks are not accepted. The cashier's check or money order
must be payable to Rhinotire LLC. Please mail your payment
to:
Rhinotire LLC.
39-39 47th Avenue
Sunnyside, NY 11104 USA
Rhinotire must receive your payment within 10 calendar days
or your order will be canceled. Please allow 2 business days
for order processing after Rhinotire receives your payment.
Wire Transfer
The Rhinotire Store accepts bank wire transfers as a valid
form of payment. If you would like to use a wire transfer to
pay for your order, please follow these steps:
1. Contact Rhinotire LLC at 212-202-1606, and place an order
by phone.
2. Obtain the final dollar total of your order including tax
and any applicable shipping charges from the Rhinotire Store
representative.
3. Have your bank electronically transfer the total dollar
amount of your order.
4. Reference your order number with your payment and send to
Rhinotire’s bank according to the instructions provided by
the Rhinotire representative.
Processing time varies among banking institutions and can be delayed.
Sales Tax
Rhinotire Store purchases will include sales tax, if
applicable, based on your shipping address and the sales tax
rate in effect at the time your order is placed. If you
phone in your order, the Rhinotire Store sales
representative will provide an estimated dollar total of
your order, including any applicable sales tax and any
shipping charges at the time you place your order. If the
sales tax rate for the state to which your order is being
shipped changes before the product is shipped, the rate in
effect at the time your order was received in our system
will apply. The proof of purchase that Rhinotire mails to
you will include any applicable sales tax.
Tax Exempt Orders
If your order is being placed on behalf of a tax-exempt
organization or individual, please call Rhinotire LLC at
212-202-1606. Be prepared to provide proof of state
tax-exempt status for the state where the product is being
shipped. The organization or individual name on the order
must exactly match the state tax-exempt certificate. Federal
tax exemption certificates are not accepted.
Return Policy
If you are not satisfied with your Rhinotire purchase of a
product, please call Rhinotire at 212-202-1606 for a Return
Merchandise Authorization (RMA) request within 30 calendar
days of the receipt of the product. If the item is returned
unused, we will exchange it or offer you a refund based on
your original method of payment. The product must be
returned to the Rhinotire warehouse within 14 calendar days
of the issuance of the RMA. All products must be packed in
the original, unmarked packaging including any accessories,
manuals, and documentation that shipped with the product.
There will be a 15% restocking fee for all returned
merchandise.
· NOTE: Rhinotire recommends that you (1) use a carrier that
offers shipment tracking for all returns and (2) either
insure your package for safe return to Rhinotire or declare
the full value of the shipment so that you are completely
protected if the shipment is lost or damaged in transit. If
you choose not to (1) use a carrier that offers tracking and
(2) insure or declare the full value of the product, you
will be responsible for any loss or damage to the product
during shipping. Please note that the United States Postal
Service (USPS) offers limited tracking capabilities and that
there is a 30-calendar-day waiting period before the USPS
will initiate a trace.
Rhinotire is not responsible for typographical errors.
Rhinotire reserves the right to change the terms and
conditions of sale at the Rhinotire Store at any time.
All sales at the Rhinotire Store are governed by the
Commonwealth of NY law, without giving effect to its
conflict of law provisions.
No Rhinotire employee or agent has the authority to vary any
of the Rhinotire Store's policies or the terms and
conditions governing any sale.
INTERNET TERMS AND CONDITIONS OF USE
(Version 2008-1; posted and effective as of March 19, 2008)
Access, Interference and Linking
Rhinotire grants you a limited license to access and make
personal use of the Site and not to download (other than
page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express
written consent of Rhinotire.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Rhinotire; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning. Any unauthorized use terminates the license granted by Rhinotire.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Rhinotire, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may use the Rhinotire logo or other proprietary graphic or trademark as part of the link without express written permission.
Rhinotire does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held
by Rhinotire or by the original creator of the material.
Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior
written permission of Rhinotire or the copyright owner.
Permission is granted to display, copy, distribute and
download the materials on this Site for personal,
non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other
proprietary notices contained in the materials. This
permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must
immediately destroy any downloaded or printed materials. You
also may not, without Rhinotire’s prior written permission,
"mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications
regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Copyright © 2007 Rhinotire LLC.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL RHINOTIRE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF RHINOTIRE OR A RHINOTIRE
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made
available through this Site, you agree with Rhinotire, its
service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider
or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER
THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY
HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER
RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM
(the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Hearings shall be
held as provided by the Code and if any In-person Hearing is
required, it shall be held in Queens, NY. Each party shall
bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Privacy
You are responsible for maintaining the
confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your
account or password. If you are under 18, you may use the
Site only with a parent or guardian. Rhinotire reserves the
right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this
User Agreement, please do not visit, browse, shop, access or
otherwise use this Site.
© 2008 Rhinotire LLC. All Rights Reserved