Welcome to Mr. Tire King, LLC’s (“Mr. Tire King”) Buy Used Tires Website (“Website”). Mr. Tire King provides relevant Website information and facilitates the sale of a variety of used tires (“Used Tires”) through Mr. Tire King's Website subject to the following conditions.
By using Mr. Tire King's Website and/or purchasing Used Tires from Mr. Tire King, you (“Buyer”) agree to these conditions. Please read them carefully.
If these conditions are inconsistent with the terms of any written agreement to buy Used Tires from Mr. Tire King, then those written terms and conditions will control.
Mr. Tire King and Buyer agree that any Used Tires sold to Buyer are sold on an “AS IS, WHERE IS” basis. Mr. Tire King MAKES NO REPRESENTATION OR WARRANTY, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE USED TIRES INCLUDING MAKING NO WARRANTY THAT THE USED TIRES WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. Buyer assumes all risks and liability whatsoever resulting from the possession, use or disposition of the Used Tires. Mr. Tire King will have no liability with respect to the Used Tires sold to Buyer, including having no liability for indirect, incidental or consequential damages.
Buyer acknowledges that any sale hereunder reflects the purchase of used tires and that Mr. Tire King is not aware of the disposition or intended use of the Used Tires. Buyer is invited, urged and cautioned to inspect the Used Tires prior to purchase or use. Buyer agrees not to sell the Used Tires for use on any vehicle unless Buyer satisfies itself that the Used Tires are marketable, useful and safe.
Buyer hereby agrees to indemnify, defend and hold harmless Mr. Tire King from and against any and all claims, suits, actions, liability or loss (including reasonable legal fees and expenses of attorneys chosen by Mr. Tire King) relating to or arising out of the sale or use of the Used Tires.
Buyer agrees to comply with all Federal, State and local laws and regulations. Buyer represents that it is authorized or permitted to accept used tires or scrap tires for storage, processing or disposal by any and all applicable Federal, State and local laws and regulations.
The risk of loss and title for any Used Tires sold to Buyer shall pass to Buyer upon delivery to Buyer or the applicable arranged shipping carrier.
Buyer may not use this Website or purchase Used Tires from Mr. Tire King if Buyer is the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where Buyer is using the Website. Buyer must comply with all U.S. or other export and re-export restrictions that may apply to goods, Used Tires, or other products services.
All sales of Used Tires are final. Mr. Tire King will not take back or accept a return of any Used Tires it has sold, unless otherwise agreed to in writing by Mr. Tire King and Buyer.
Mr. Tire King tries to be as accurate as possible in its product descriptions and pricing, however, Mr. Tire King does not warrant that product descriptions, pricing or any other content of the Website is accurate, complete, reliable, current, or error-free.
Any dispute or claim relating in any way to Buyer’s use of the Website, or to any products or services, and Used Tires sold or distributed by Mr. Tire King to Buyer will be resolved by binding arbitration, except that Buyer may assert claims in small claims court if Buyer’s claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitrator must follow the terms of these Conditions of Use and Purchase.
Mr. Tire King and Buyer each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Buyer and Mr. Tire King waive any right to a jury trial.
By using the Website or purchasing Used Tires from Mr. Tire King, Buyer agrees that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and Purchase and any dispute of any sort that might arise between Buyer and Mr. Tire King.
Mr. Tire King reserves the right to make changes to the Website, policies, service terms, and these Conditions of Use of Purchase at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.