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Terms and Conditions

Tyre Baron agrees to provide the Customer with the products ordered subject to the following Conditions of Sale. These Conditions of Sale ("Conditions") apply in respect of all offers to sell, quotations, and other commercial transactions for the supply of goods by Tyre Baron and its Agents.

  1. Interpretation

    1. "Agent" means company or person able to sell products on behalf of Tyre Baron;
    2. "Attachment" has the same meaning as it is given in section 19 of the Personal Property Securities Act 2009;
    3. "Contract" means the contract for the sale and purchase of the products comprising the Sales Contract/Invoice/Quotation and these Conditions;
    4. "Customer" means the person named in the Sales Contract/Invoice/Quotation;
    5. "GST" has the same meaning it does in Section 195-1 of the GST Act;
    6. "Products" means the Products described on the Sales Contract/Invoice/Quotation;
    7. "Sales Contract" means the Sales Contract/Invoice/Quotation for Products attached to these conditions;
    8. "Security Interest" has the same meaning as it is given in section 12 of the Personal Property Securities Act 2009;
    9. "Secured Party" has the same meaning as it is given in section 10 of the Personal Property Securities Act 2009; and
    10. "Verification statement" has the same meaning as it is given in section 155 of the Personal Property Securities Act 2009.
    11. Website refers to www.tyrebaron.com.au
    12. Business Day or Working Day refers to weekdays except Saturday or Sunday, not a public holiday or bank holiday anywhere in Australia.
    13. Order Confirmation refers to our order confirmation email or text sent to your inputted details.
    14. Customer information refers to the information we require from you the customer to place the order.
    15. Order number refers to the confirmation number received by you in the confirmation email or text relation to the specific order from Tyre Baron.
  2. Price of Products
    1. The price of the Products shall be the price appearing on the Sales Contract/Invoice/Quotation. All prices quoted are valid at the time of sale only or until earlier acceptance by the Customer, after which time they may be altered by Tyre Baron without notice to the Customer pending online pricing updates.
    2. Tyre Baron reserves the right, with notice to the Customer at any time before delivery, to increase the price of Products, to reflect any increase in costs to Tyre Baron due to any factor beyond the reasonable control of Tyre Baron or including, but not limited to;
      1. any change in delivery dates, quantities or specifications for the Products which is requested by the Customer, or any delay caused by instructions of the Customer or failure of the Customer to give Tyre Baron adequate information or instructions.
    3. any change in delivery dates, quantities or specifications for the Products which is requested by the Customer, or any delay caused by instructions of the Customer or failure of the Customer to give Tyre Baron adequate information or instructions.
    4. Any variation to the Contract must be in writing and signed by both parties. Tyre Baron reserves the right to revise and amend the price if there are any such variations that occur.
    5. Any variations made after the Contract or formation of the oral Contract may incur an administration fee to be charged by Tyre Baron in addition to the costs of the variation separately charged.
    6. Where any variation to the Contract is necessary:
      1. to comply with a written direction lawfully given by a person acting under a written law; or
      2. by virtue of circumstances that could not reasonably have been foreseen by Tyre Baron at the time the Agreement was entered into; then Tyre Baron shall be entitled to payment for such a variation provided that before carrying out the work relating to the variation, Tyre Baron gives to the Customer a statement setting out the reason for, and the cost to be incurred on account of the variation.
  3. Terms of Payment
    1. The Customer is subject to any special payment terms shown on the Sales Contract/Invoice/Quotation or as otherwise agreed between the Customer and Tyre Baron. The Customer must pay for all Products at the time of checkout from the Tyre Baron website.
    2. It is assumed all paled orders at Tyre Baron are processed immediately with understanding and consent of the terms & conditions.
    3. If the Customer fails to make any payment on the due date, then without prejudice to any other right or remedy available to Tyre Baron, Tyre Baron may:
      1. not process the order until payment has been made on the online platform;
      2. appropriate any payment made by the Customer to any of the Products as Tyre Baron may think; and
      3. Tyre Baron itself does not grant credit account facilities. Any 3rd party installment payment service offered by Tyre Baron is subject to that platforms Term’s & Conditions.
  4. Privacy Act
    1. I/We further authorize and consent to Tyre Baron obtaining and disclosing our personal information to it’s internal system and fitment partners to execute this sales agreement. For more information please read our full Privacy Policy Statement.
  5. Delivery
    1. Delivery of the Products shall be made by Tyre Baron or it’s Associated Partners.
      1. Tyres are available delivered to customers address, fitment partners or mobile fitment partners.
      2. Tyre Baron courier collecting the Products from the Tyre Baron premises after Tyre Baron has notified the Customer that the Products are ready for collection.
    2. Any dates quoted for delivery of the Products are approximate only and Tyre Baron shall not be liable for any delay in delivery of the Products for whatever reason that is no fault of ours.
  6. Title & Risk
    1. All products remain property of Tyre Baron until full payment has been received.
    2. Risk of damage to or loss of the Products shall pass to the Customer:
    3. in the case of Products collected by the Customer from Tyre Baron’ Premises or Fitment Partner, at the time when the Products have been fitted on to the Customer’s vehicle or when the tyres have been delivered to the customers specified address.
  7. No Warranty
    1. Tyre Baron makes and express no warranties to the Customer, except those expressly set out in these Conditions.
    2. Tyre Baron warranties excludes:
      1. all conditions, warranties, and terms implied by the statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void ("Non-Excludable Condition");
      2. all liability to the Customer in contract for consequential or indirect damages arising out of or in connection with these Conditions even if Tyre Baron knew they were possible or they were otherwise unforeseeable, including, without limitation, lost profits and damages suffered as a result of claims by a third party;
      3. all liability to the Customer in negligence for acts or omissions of Tyre Baron or its employees, agents, or contractors arising out of or in connection with these conditions.
    3. Tyre Baron’ liability for breach of any expressed provision of these Conditions or any Non Excludable Condition (except a Non-Excludable Condition referred to above or one implied by section 69 of the Trade Practices Act 1974) is limited at Tyre Baron’ option to one of supplying, replacing or repairing the Products in respect of which the breach occurred.
  8. General
    1. The Contract is the entire agreement between the parties about its subject matter and supersedes all other contracts, arrangements and understanding relating to the supply delivery of the Products.
    2. Governing Law
      1. The parties agree that the above-mentioned terms and conditions shall be governed and construed in accordance with the laws of Australia and the Customer and Tyre Baron submit to the non-exclusive jurisdiction of the courts of the chosen State by Tyre Baron.
      2. The Customer and signatories appearing below hereby acknowledge receipt of the copy of the application/conditions of sale and upon acceptance by Tyre Baron by way of written notice or the supply of goods and services and having read and agree to be bound by the terms of trading above. We further acknowledge that we have had the opportunity of obtaining independent legal advice and that we understand the terms and conditions outlined above.
  9. Return Of Goods
    1. Should the customer wish to return any tyres supplied by Tyre Baron the customer may do so within 7 days of the date of purchase of the tyres. Upon returning the tyres the customer will be charged a fee of 10% of the total cost of the tyres being returned together with a $15 restocking fee. These charges will be payable upon return of the tyres to Tyre Baron. Tyres or Wheels that have been mounted or fitted will not be accepted for return.
  10. Further Assurances
    1. The parties shall execute such further documents and do any and all such further things, including the grant of any Security Interests, as may be necessary to implement and carry out the intent of this Contract.
    2. It is understood that Images are for illustration purposes only. Wheel rims are not included with the tyre, unless purchased separately or in a combination package.
    3. If Tyres are left at a fitting station for over a month without any written or oral conversation noted then the tyres will be forfeited and may not be subjected to a refund. Tyre Baron & Fitment Partners in it’s best integrity will make attempts to contact the client.
    4. It is understood that www.tyrebaron.com.au only fits and delivers in Australia.
  11. Liability for goods manufactured by third parties
    1. The Customer acknowledges that the goods supplied by Tyre Baron are manufactured by third parties, and as such, Tyre Baron is not liable for any defects attributable to their manufacture.
    2. The Customer shall be entitled to any benefit of any manufacturer’s warranty in respect of such goods. Warranty of all goods sold is strictly limited by the discretion of the manufacturer.
    3. Tyre Baron accepts no responsibility for any manufacturer’s warranty or claim arising from the use of the goods, whether singularly or in combination with other products.
    4. This clause 12 survives the termination or natural expiration of the Agreement.
  12. Liability for advice
    1. Tyre Baron is only liable for expert advice which is:
      1. (a) within the scope of the Agreement;
        (b) inwriting; and
        (c) accompanied by a written confirmation stating that Tyre Baron is qualified to give the advice.
    2. The Customer acknowledges that Tyre Baron is not able to provide expert advice outside the scope of the Agreement.
    3. Tyre Baron is not liable for any technical advice or assistance given in good faith, but which it is not contractually bound to provide, and which does not fit the criteria set out in clause 7.1.
  13. Disputes
    1. The parties agree not to commence proceedings in relation to any dispute arising in regard to the Agreement without first having regard to the procedure set out in this clause 14.
    2. Should any dispute or difference arise between the Customer and Tyre Baron in connection with the Agreement, then:
      1. The party that alleges they have suffered some loss or damage, or is otherwise aggrieved, shall serve the other party, by hand or by mail, with a Notice of Dispute in writing adequately identifying and providing details of the dispute.
      2. Within 7 days of receipt of the Notice of Dispute, the parties must meet and take reasonable steps to resolve the dispute.
      3. If the dispute cannot be resolved within 7 days of the meeting between the parties, then the parties agree to submit the dispute to arbitration.
        If the dispute remains unresolved 14 days after service of the Notice of Dispute, the dispute must be arbitrated in accordance with this clause 14.
    3. Arbitration shall be effected by a single arbitrator who shall be mutually agreed upon by the parties or, in the event that they fail to agree within 7 days, then the arbitrator shall be the President for the time being of the WA Chapter of the Institute of Arbitrators and Mediators Australia (“IAMA”)or his appointee.
      1. The parties agree to submit to the arbitration procedures and guidelines adopted by the IAMA.
      2. The rules of evidence will not apply strictly to the arbitration but may be considered by the arbitrator in determining the weight to be attached to each item of evidence.
    4. If the dispute is not resolved within 90 days of service of the Notice of Dispute (or any longer periods agreed to by the parties), either party who has complied with this clause may end this dispute resolution process by written notice to the other party and immediately thereafter commence court proceedings in relation to this dispute.
  14. Tyre Baron Fitment Guarantee
    1. Trye Baron ensures that everything is done to make a customer satisfied during the order process, inclusive of tyre fitment. We have professional fitters that offer quality service, however, we are not to be held accountable for any shortcomings by them.
    2. The Fitment guarantee is an assurance that the ordered tyres will fit your vehicle in accordance with the appropriate vehicle safety and regulation. Tyre Baron is not at fault for any misinformation provided.
    3. The fitment guarantee starts from the original purchase and after payment(s) is/are made. Its validation starts immediately after the stated criteria are met, and it lasts until the period given by Tyre Baron come to pass
    4. This fitment guarantee is exclusive of:
      1. Damaged tyres due to ill-use, misuse, or accidents that render it a liability for further use.
      2. Tyre Baron cannot be held responsible for the former use of the tyres prior to the Customer receiving them. The customer is to settle this with the manufacturer.
      3. There are no guarantees for canceled orders.
      4. Tyres with the specified way(s) of use that a Customer does not follow will have no guarantee.
      5. Utilizing mobile fitters service may include a call-out fee to be paid by the Customer. This fee is non-refundable if the Customer request cancellation of booking after schedule has been made.
      6. Damage caused during fitment is no responsibility of Tyre Baron. All responsibilities rest on person(s) or entities that carried out the fitment.
  15. Force Majeure
    1. Tyre Baron is not liable for delays caused by Force Majeure events and will be released from its contractual obligations should this occur. Force Majeure events includes natural disasters, strikes, protests, war, decisions from authorities, non-deliveries from suppliers, and unforeseen circumstances.

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