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Tyrepac Terms & Conditions
These are the Terms and Conditions governing the placing of orders and the use of our website. These Terms and Conditions are a legally binding contract and you accept these Terms and Conditions when you use this website. We reserve the right to make changes to these Terms and Conditions from time to time which shall take effect immediately from the date of posting on this website. Your continued use of this website will amount to your acceptance of any changes to the Terms and Conditions. If you do not accept these Terms and Conditions or any part of them you should stop using this website immediately.
Ordering and Concluding a Contract
You may order the goods and services listed on our website by using the order form found on the website, or by downloading completing and faxing the order form to us or by placing orders with us directly over the telephone. When you provide the information and any other details requested in our order form and when you send us your order you will have submitted a binding offer. By submitting your order, you have expressed your intention to acquire the goods and services described in your order and have unequivocally agreed to be bound by these Terms and Conditions. For the avoidance of doubt, orders placed through this website, by fax or by telephone have the same legal effect. Whilst your order will be confirmed with an acknowledgement from us, such an acknowledgement does not amount to any form of acceptance on our part of that or any other order. This is because our contract with you will only take effect upon the delivery of the goods and services by us. You are solely responsible for ensuring the accuracy of all orders submitted by you, and for giving us any and all necessary and adequate information relating to the goods and services ordered to enable us to perform the contract. And you shall indemnify us from any and all liability as a result of any inaccurate information supplied by you when you submit your order.
Registration and Information
The price of our goods and services are subject to transport costs and VAT and shall be the price stated on our order form. Where no price is stated on our order form, the price shall be the price listed in our price list or website which shall be current at the date and time of your order. We reserve the right to change the price of the goods and services at any time before delivery of the goods and services to reflect any increase in the cost to us which may be due to factors beyond our control (for example, any foreign exchange fluctuation, currency regulation, alteration of import or other duties, increases in labour, materials or other manufacturing costs, changes in delivery dates, quantities or specifications for the goods or services requested by you or any delay caused by any information or instructions given by you or a failure by you to provide us with any adequate information or instructions).
You may choose any of the following delivery options when placing your order with us: delivery of the goods to the address specified in your order; delivery of the goods to one of our listed fitting stations; or delivery of the goods to another fitting station identified by you and agreed by us. The delivery time for an order is usually between 2 to 7 working days. Delivery will always be subject to availability of stock. We will send you an email to inform you of the estimated delivery date of your order. You will also receive an email once your order has been despatched. Time for delivery or fitting shall not be of the essence unless previously agreed by us in writing. Any dates quoted for delivery and/or fitting of the goods are approximate only and not guaranteed and we shall not be liable for any delay in delivery and/or fitting of the goods howsoever caused.
Evidence of Delivery
Your order will be deemed to be delivered once we receive our authorised couriers' or fitting stations' official packing/delivery note/invoice which, when and howsoever signed as acknowledgement of receipt of the goods and services, will be proof of delivery by us of the goods and services specified therein.
Failure to take Delivery
If you fail to take delivery of the goods and services or if you fail to give us adequate delivery information and instructions when placing your order with us, we have the right to: store the goods ordered until actual delivery and charge you for the costs of storage and insurance; or sell the goods at a readily obtainable price and charge you for any shortfall below the price under the contract; or return the goods to the supplier and charge you for any costs incurred as a result of the return.
You may choose to make payment for the goods and services by credit card, cheque or bank transfer. Where payments are made by credit card, we shall debit your account on the day the goods are despatched. For payments made by cheque or bank transfer, the goods shall only be despatched after our banks receives your payment. We shall issue receipts for all payments received by us. Time of payment of the price of the goods and services shall be of the essence. Where the goods and services have been delivered, but have yet to be paid, the price of the goods and services shall become immediately due and payable in full by you. If you fail to make any payment by the relevant due date or if payment is declined or not authorized by your bankers or the issuer of your credit card then, we shall be entitled to: cancel the contract or suspend any further deliveries to you; appropriate any payment made by you to such of the goods or services supplied under any other contract between you and us as we may think fit; and charge you interest on any amount unpaid, until we receive full payment from you.
Please take note that we shall be entitled to recover the price of the goods and services, even though delivery may not have taken place and the property in the goods and services have not yet passed to you.
Cancellation, Returns & Refund
You may cancel your order immediately after it has been submitted up to one (1) day before the scheduled delivery date. All cancellations must be made by telephone, fax or email and must be supported by valid reasons. For the avoidance of doubt, the ability to source or obtain the same goods and/or services specified in your order for a lower price shall not amount to a valid reason entitling you to cancel your order. We also do not accept the return of any goods and services once they have been delivered. Refunds of any monies for goods and services ordered and/or cancelled are entirely within our discretion. In the event that we agree to refund any monies to you, the refund shall be made by us within 7 to 10 working days via the bank account information you have provided to us when registering. Notwithstanding this, we reserve the right to charge you a flat fee of S$50 for the administrative, packing and delivery costs incurred by us in processing, preparing and delivering your order and subsequent refund. We shall also be entitled to cancel the contract or suspend any further deliveries to you without any liability whatsoever, if you make any voluntary arrangement with your creditors or become bankrupt or become subject to an administration order or go into liquidation, have a receiver, liquidator or administrator appointed over any of your property or assets, cease, or threaten to cease, to carry on business, or if we reasonably believe that any of the abovementioned events is about to occur to you.
Passing of Risk and Property
The risk of damage to or loss of the goods shall pass you: when the goods are delivered to the delivery address specified in your order or such other address which has been approved by us; or when you are notified that the goods have been fitted and are ready for collection at our listed fitting station which will then also be subject to the terms and conditions of the relevant tyre fitting agreement between us and the relevant fitting station. Notwithstanding the above, the title to and the property in the goods shall not pass to you until all sums due by you have been paid in full. Until property in the goods passes to you, you shall keep the goods properly stored and separate from goods of other third parties, protected and insured and identified as property belonging to us. Additionally, until property in the goods passes to you, we shall be entitled at any time to demand that you deliver up the goods to us and, if you fail to do so, to enter any premises occupied by you or any third party where the goods are stored to repossess the goods. And, you are obliged to allow us to repossess the goods and assist us to do so.
Liability and Waivers
We will not liable for any defect in the goods or services: caused as a result of any inaccuracy in the order or information you have placed with us and shall not be liable for any loss arising from any errors made in the order that you have placed with us; or caused by fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions or misuse or alteration or repair of the goods without our express written approval. Any claim by you based on any defect in the quality or condition of the goods or services or their failure to correspond with specification shall be notified to us writing within 48 hours from the date of delivery or fitting or where the defect or failure was not apparent by reasonable inspection then, within 24 hours after the date of first discovering the defect or failure. Where delivery has been made, and you do not notify us in writing as specified above, you shall not be entitled to reject the goods and we shall not be liable for the defect or failure. Where a claim is made for any defect in the quality or condition of the goods or services or their failure to meet specification is notified to us in accordance with these Terms and Conditions, we shall be entitled at our sole discretion to either replace the goods (or that part in question) or refund to you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you or any other person. We will not be liable for any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these Terms and Conditions. We shall not be liable to you or be in breach of the contract for any delay in performing, or any failure to perform, any of our obligations in relation to the goods or services, if the delay or failure was due to any force majeure or other cause beyond our reasonable control. Whilst we have made every effort to ensure that no error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part. We reserve the right to change the goods or any relative specifications and designs at any time, without notice, as a result of any changes in the law or at our sole discretion. Save as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
Accuracy of Information
The images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website is provided on an “as is” basis. We make no representations, endorsements or warranties as to their accuracy. We will not be liable for any action taken (or not taken) in reliance upon the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website which action shall be taken entirely at your own risk. We reserve the right to make any changes to the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website without notice and without liability to you. External websites to which we provide links are not under our control and we take no responsibility for them and shall not be liable in any way for their content. This website, like any other, is susceptible to cyber-squatting and vandalism. We do not accept any responsibility for, nor liability in respect of, any information which appears on this website as a result of such actions. The operation of this website depends on the input of information by you. The service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.
Other Internet Portals
We do not guarantee that the other internet portals that offer our service meet your requirements or that they will available at any time without interruption, are timely, or secure and without defects. Your use of the other internet portals offering our service is at your own risk and we do not accept any liability for the same or for the correctness of the information provided by those other internet portals.
We do not have control over the Internet or over the means through which you have gained access to this website. We accept no responsibility and shall not be liable for any service interruption or the transmission of viruses or other harmful computer code through this website.
The laws of the Thailand shall govern these terms and conditions and the courts of the Thailand shall have jurisdiction over any disputes between us and you in respect of these terms and conditions and the use of this website.
Terms and Conditions
Address : 1/1 Soi Nakkharach, Khlong Maha Nak, Pom Prap Sattru Pai, Bangkok 10100
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