Terms & Conditions
TERMS AND CONDITIONS OF SALE ON WWW.ECONRADS.COM
THESE TERMS OF SALE (THE "TERMS AND CONDITIONS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY CONRAD’S TIRE SERVICE, INC. ("Conrad’s") ON THE WWW.ECONRADS.COM WEBSITE (THE "Website"). PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THEY ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ("YOU" AND/OR "CUSTOMER" HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS AND CONDITIONS OF SALE EACH TIME YOU MAKE A PURCHASE.
1. Products. Conrad’s is authorized to sell the products and/or services offered for sale on the Website. Conrad’s may discontinue any product and/or service at any time without notice.
2. Orders. Orders are not binding upon Conrad’s until the installation of products and/or services is complete. Acceptance of Customer's orders shall be communicated to Customer on the Website, and via electronic mail at the address provided by the Customer. Conrad’s reserves the right, without prior notification, to cancel the Order, limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
3. Payment. Conrad’s accepts valid Goodyear, Visa, MasterCard, American Express and Discover credit cards. Customer's credit card will be charged in full when Customer's order is processed.
4. Cancellations. Once an order is placed, orders may only be cancelled pursuant to the cancellation process as described on the Website and/or via electronic mail to Customer.
5. Delivery. Conrad’s will ship Customer's orders to the selected location in accordance with Customer's selection when Customer's order is processed on the Website. While Conrad’s will make every reasonable effort to ship Customer's orders within the selected timeframe, Conrad’s is not responsible or liable for any delay in receiving or completing Customer's order that is caused by an event beyond Conrad's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Website caused by an event outside the direct control of Conrad’s, including without limitation, power outages or attacks on the Website such as by persons known as "hackers." Customers may not pick up and/or carry out orders -- items must be mounted on the vehicle by Conrad’s, or they will be returned.
6. Title to Products. Conrad’s retains all right, title, and interest in and to the ordered products until the products and/or services have been installed.
7. Shipping Charges. Conrad’s does not charge for shipping. Conrad’s reserves the right to change this policy at any time without prior written notice.
8. Installation. Installation prices as listed on the Website cover most vehicles with standard equipment. 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. You have selected products by either indicating your vehicle make, model, and trim or by indicating no make and model at all. Conrad’s cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, Conrad’s may refuse to install products for your safety. 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. Conrad’s has attempted to include this cost into Customer’s Order, however where for any reason this cost has not been included there may be an additional charge by Conrad’s to service TPMS sensors in accordance with applicable law. Certain states have graduated tire disposal fees. Conrad’s has attempted to include these fees into Customer’s Order, however where for any reason those fees have not been included, it may be necessary for Conrad’s to charge additional state mandated disposal 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, Conrad’s cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment. Despite Conrad’s thorough and conscientious control of all data utilized and gathered to perform the services and provide the products through this Website, Conrad’s cannot guarantee the completeness and accuracy of the provided information.
9. Warranties. Conrad’s standard limited warranties govern all purchases of products and/or services. Those warranties can be found on the final invoice.
10. Return/Refund Policy. Conrad’s cannot accept any returns or refunds for any purchase of products and/or services. Customer may cancel an Order at any time prior to installation, pursuant to the procedure outlined on the Website and/or in electronic mail to the Customer. Conrad’s does not accept returns for products that have been installed, used, mounted, or driven on.
11. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, CONRAD’S SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THE WEBSITE, THESE TERMS OF SALE, THE CATALOG, PRODUCT(S), SERVICES (INCLUDING INSTALLATION), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CONRAD’S EXCEED THE AMOUNT CUSTOMER HAS PAID TO CONRAD’S FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THE PRICES OF PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE SUBJECT TO CHANGE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
12. Severability. If any provision of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
13. Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of Ohio, without regard to Ohio’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.
14. BINDING ARBITRATION ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY CONRAD’S PRODUCT OR SERVICE OR THESE TERMS OF SALE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF SALE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Sale, these Terms of Sale shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Cuyahoga County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CONRAD’S IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
15. Waivers and Amendments. The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed the Parties.
16. Other Terms. The Website Terms of Use, Privacy Policy and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference.
Goodyear Credit Card Goodyear Credit Card transactions: the terms of the offer and applicable law governs this transaction including increasing APRs and fees.