TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (the "Agreement") are the entire agreement between you and Michelin North America, Inc., a New York corporation with offices at 1 Parkway S. Greenville, SC 29615 USA ("Michelin"), and Group O, Inc. ("Group O"), for your purchase of Michelin products ("Products") and services ("Services") from www.michelinman.com or www.bfgoodrichtires.com (our "Websites") [which are on the reverse side of this Agreement and incorporated by reference ("Acknowledgement")].
This Agreement governs all documents issued by Customer or an Authorized Installer (defined below) with respect to the Products and Services and any additional or conflicting terms and conditions contained in any such documents are of no force and effect and rejected unless separately accepted in writing by an authorized representative of Michelin.
“Authorized Installer” means the individual or business authorized by Michelin and selected by Customer to install the Products.
“Documentation” means the Michelin documentation for the Products made available by Michelin to Customer in hard copy or in electronic form.
“Products” means the products you have purchased from our website.
“Services” means those services performed in the installation and maintenance of the Products.
This offer is only open to United States residents. Michelin only authorizes shipment to Authorized Installers located within the United States. If you are not a US resident, do not click ACCEPT & ORDER below.
Prices and Payment
Prices on our website are in effect as of the date you order the Products and do not include charges for disposal, installation and other fees and applicable taxes. Such amounts will be added to your Order Acknowledgement as separate line items and are your sole responsibility. Any price changes that become effective after you submit your order will not change the prices on your order; there will be no price adjustments made to your order. All payments shall be made in U.S. dollars in the manner permitted at www.michelinman.com. You must make payment in full for the Products you purchase as well as all disposal, installation and other fees and applicable taxes, to Group O, an entity Michelin has authorized to sell and process orders of the Products from Michelin’s website, before Michelin will ship the Products to the Authorized Installer. Rebates and promotions are subject to separate terms and conditions that will be available on our websites.
Order Procedure, Reschedule, Cancellation and Delivery
You must click ACCEPT & ORDER below to purchase Products. Any delay in delivery of any Products will not relieve you of your obligation to accept the Products. Michelin will not be liable for any failure to ship complete orders or for any shipment delay. If you fail to arrive at the selected Authorized Installer at the Installation Date & Time (as indicated above), the Products will be returned to Michelin unless you contact the Authorized Installer within 10 days of the Installation Date & Time to arrange for a new Installation Date & Time. If the Products are returned to Michelin pursuant to the preceding sentence, you will receive a credit in the amount of Total Price. Michelin will pay for return freight and mailing charges. All Products will be delivered DDP (Delivered Duty Paid per Incoterms 2015), to the Authorized Installer you have specified. Michelin will select the mode of delivery and the carrier. Title and all risk of loss of, or damage to Products, will pass to you upon installation by the Authorized Installer. All Products will be deemed accepted upon delivery. You may not pick up orders delivered to the Authorized Installer â€“ items must be mounted on the vehicle by the Authorized Installer, or the tires must be returned.
In some instances, tires available on this website may not meet your vehicle manufacturer’s recommendations for size, speed rating, load carrying capacity, intended service conditions, etc. You must confirm your vehicle’s required tire specifications, or contact Michelin Customer Support, available by either calling (855) 308-0011 or emailing email@example.com. The final decision to install a tire on a vehicle will be made by the Authorized Installer. Michelin cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, Customer’s selected installer may refuse to install products for your safety. Re-stocking fees may be applied for product returns in accordance with the Website.
Installation prices as listed on the Websites cover most vehicles with standard equipment. Customized vehicles may result in additional installation fees at the point of installation. Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of sale.
In accordance with applicable law, all vehicles manufactured after September 2007 have Tire Pressure Monitoring Systems (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. Michelin has attempted to include this cost into your order, however there may be an additional charge at the installer to service TPMS sensors in accordance with applicable law. Certain states have graduated tire disposal fees. Michelin has attempted to include these fees into your order, however where for any reason those fees have not been included, it may be necessary for the installer to charge additional state mandated disposal fees at time of installation. In the event that the Products and Services purchased through this Website include vehicle suspension lowering products, additional suspension items may be necessary to properly align the vehicle after it has been lowered and may result in additional fees at time of installation. Wheel sizing for products purchased on this Website is based on information provided by the Customer and is based on original equipment manufacturer factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, Michelin cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment. CUSTOMER EXPRESSLY AGREES THAT THE INSTALLER IS RESPONSIBLE FOR ALL ACTS AND/OR OMISSIONS RELATED TO THE INSTALLATION OF THE PRODUCTS AND/OR SERVICES. CUSTOMER AGREES THAT MICHELIN HAS NO RESPONSIBILITY AT LAW OR EQUITY FOR ACTS AND/OR OMISSIONS RELATED TO THE INSTALLATION OF THE PRODUCTS AND/OR SERVICES.
Michelin does not accept returns of tires that have been installed, used, or mounted. You can cancel an order at any time prior to installation by contacting Michelin Customer Support by ei within 30 days of delivery.ther calling (85 of delivery5) 308-0011 or emailing firstname.lastname@example.org withing 30 days of delivery.
Limited Warranty, Disclaimer of Warranties
MICHELIN’S WARRANTIES ARE FOUND ON OUR WEBSITES (“MICHELIN’S STANDARD WARRANTY”). EXCEPT AS EXPRESSLY STATED IN MICHELIN’S STANDARD WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICHELIN AND GROUP O DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) IN NO EVENT SHALL LIABILITY OF MICHELIN OR GROUP O TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE AGREEMENT and (b) NEITHER MICHELIN, GROUP O, NOR THEIR SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT MICHELIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY. SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution:
If you have any concerns regarding this Agreement, including the Products or the Services purchased, please contact Michelin Customer Support by either calling (855) 308-0011 or emailing email@example.com. The Customer Support team is able to resolve most concerns quickly to our consumers’ satisfaction. The parties shall use their best efforts through this Customer Support process to settle any concern, dispute, claim, question, or disagreement arising under or related to the Agreement by good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision is initiated through the Customer Support Team, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. All claims arising out of or relating to this Agreement (including but not limited to the formation of this Agreement, performance and breach, the parties’ relationship with each other and/or your use of the Products and/or Service) shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The parties understand that, absent this mandatory provision, they would have the right to sue in court and to have a jury trial. They further understand that, in some instances, the cost of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the Agreement, including but not limited to interpretation, applicability, enforceability or formation of this Agreement and your use of the Products and Services or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Michelin will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Michelin will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver:
The parties further agree that any arbitration shall be conducted on an individual basis only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU, MICHELIN, and GROUP O AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Contact & Customer Support Information
Michelin North America, Inc.
1 Parkway S.
Greenville, SC 29615
If you have any questions, feedback, or issues regarding your Products, the Services, the Authorized Installer, or the Documentation, please contact Michelin Customer Support by either calling (855) 308-0011 or emailing firstname.lastname@example.org. Please provide your Order Number if emailing or have your Order Number ready if calling to expedite your customer support.
A copy of these terms and conditions will be sent to the email address that you have provided.
California Consumer Notice
Under California Civil Code Section 1789.3, California customers are entitled to the following consumer rights notice: This Services are provided by Michelin and/or its Authorized Installer. If you have a question or complaint regarding the Services, please contact Customer Service at (855) 308-0011 or email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Group O Disclosure
MICHELIN USES GROUP O TO SELL AND PROCESS ORDERS OF THE PRODUCTS AND PAYMENTS. GROUP O WILL TAKE TITLE TO THE PRODUCTS PRIOR TO SHIPMENT TO YOU.
You may not assign this Agreement or any of its rights or duties hereunder except with the prior written consent of Michelin, and any attempt to assign the Agreement without such consent will be void. This Agreement will be governed and construed under the laws of the State of South Carolina excluding its conflicts of law principals. In the event that Section 9 of this Agreement is found inapplicable or unenforceable, any action filed by either party arising or relating to this Agreement shall be brought in Greenville, South Carolina, and you irrevocably consent to and waives any objection to jurisdiction and venue in the state and federal courts located in Greenville South Carolina. The United Nations Convention on the International Sale of Goods shall not govern this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. Neither Michelin nor Group O shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, war, riots, orders of government, strikes, failure of the Internet or shortages of materials. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by duly authorized representatives of the parties. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.