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1. SCOPE. The following terms and conditions govern your rights as a registered purchaser of one of Tredit Tire and Wheel Company’s (“Tredit”) (“Tires”). By registering on www.tredittire.com, you agree to these terms and conditions as well as all other terms set forth on www.tredittire.com (collectively, “Terms”). Failure to comply with any of the Terms will result in the immediate termination of your participation in the Program.
2. LIMITED WARRANTY. Tredit provides a Limited Warranty to the original retail purchaser of Tires, the text of which is located at www.tredittire.com. Tredit makes no other warranty, whether express or implied, besides the Limited Warranty. To the fullest extent provided by law, TREDIT EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the extent that any state or federal law forbids the foregoing disclaimer of implied warranties, then Tredit expressly limits such implied warranties to the duration of, and remedies set forth in, the Limited Warranty. No representative of Tredit or any other retailer or dealer has the authority to make any other warranty in addition to the Limited Warranty.
3. GUARANTEES. SIMPLIFIED REPLACEMENT OR REIMBURSEMENT PROGRAM. For Tires not covered by the Limited Warranty, Tredit offers a replacement or reimbursement program (the “Program”). To be eligible to participate in the Program, you must meet all of the following requirements:
All claims under the Program are subject to verification and shall be submitted via the process outlined in the email registration confirmation. Any false, incomplete, illegible, or unverifiable claims will be rejected. Tredit, in its sole discretion, will determine the validity of any claim made under the Program and the appropriate remedy for the claim. All determinations of claims made by Tredit under the Program are final and not subject to challenge or dispute by you.
4. LIMITATION OF REMEDY, RELEASE OF CLAIMS, AND WAIVER OF DAMAGES. The maximum benefit you are eligible to receive under the Program is $150.00 (“Maximum Benefit”). The sole remedy under the Program is the repair or replacement of Tires with Tires of equal or lesser value not to exceed in the aggregate the Maximum Benefit. You agree that Tredit will have no obligation you under the Program beyond that repair or replacement remedy. In exchange for your participation in the Program, you agree to release, discharge, and covenant not to sue Tredit and each of Tredit’s respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, and loss of consortium claims), expenses, and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives, or next of kin) have or might have for any death, injury, damage, or claimed injury or damage arising out of, involving, or relating to the Tires, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. You further agree that, in exchange for your participation in the Program, TREDIT WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES related to the Tires, including (but not limited to) any damages, losses, costs, or expenses resulting from loss of use of the Tires, loss of time, inconvenience, loss or damage to real or personal property, loss of income, loss of profits, trip interruption, or personal injuries. Additionally, as consideration for participating in the Program, you agree to indemnify, hold harmless, and defend the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, and loss of consortium claims), expenses, and attorney fees that you or anyone on your behalf (including but not limited to your heirs, representatives, or next of kin) have or might have for any death, injury, damage, or claimed injury or damage arising out of, involving, or relating to the Program or for your failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless, and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
5. PROGRAM CHANGES. Tredit reserves the right to make changes to the Program at any time and without notice. All registrations on www.tredittire.com are subject to final approval by Tredit. Tredit, in its sole discretion, may at any time and without notice cancel or suspend the Program or remove any registered user from www.tredittire.com or participation in the Program.
6. WARRANTIES, REPRESENTATIONS, AND COVENANTS. By registering and participating in the Program, you warrant and represent to Tredit that the information you provide to Tredit at registration, and any proof of purchase or other supporting documentation you provide to Tredit during the duration of the Program, are true, accurate, and correct. In addition, you covenant and agree that you: (i) will be bound by these Terms and by all applicable laws and regulations, and will abide by the decisions of Tredit with respect to the Program; (ii) waive any rights to claim ambiguity with respect to these Terms; and (iii) will promptly provide Tredit with updated information if any of the information you provided to Tredit at registration changes. By entering the Program, you agree to execute any documents requested by Tredit. Except where prohibited by law, the failure to execute any documents that Tredit reasonably requests you execute or comply with any of these Terms will result in you forfeiting all rights to any benefits under the Program.
7. FORCE MAJEURE. Neither party will be liable to the other party for any delay or failure to perform where such delay or failure is caused by an Act of God, fire, or other event beyond the reasonable control of the affected party.
8. GOVERNING LAW. The Program is subject to and governed by the laws of Indiana, without regard to principles of conflicts of law. Any disputes related to the Tires, the Program, or your registration on www.tredittire.com must be brought in a federal or state court located in St. Joseph County, Indiana. By registering on www.tredittire.com, you submit to the jurisdiction of the federal and state courts located in St. Joseph County, Indiana, and waive the right to have disputes arising out of the Tires, the Program, or your registration on www.tredittire.com adjudicated in any other forum. Under no circumstances will you be entitled to injunctive relief or equitable relief of any kind, or to restrain the continuation of the Program in any manner. Participation in the Program is void where prohibited or otherwise restricted by law. You agree to waive your right to a jury trial for all disputes relating to the Tires, the Program, or your use of www.tredittire.com.
9. NO WAIVER. Any failure by Tredit at any time to enforce any of the provisions of the Terms will not be construed as a waiver of such provisions or any other provisions of the Terms.
10. SEVERABILITY. If any portion of the Terms is held to be unenforceable, all other portions of the Terms will nevertheless continue in full force and effect.
11. NOTICES. By registering at www.tredittire.com, you agree to accept notification from Tredit by email to the email address you provide in your registration on www.tredittire.com. Tredit will send all notices to you related to the Tires, the Limited Warranty, the Program, and your registration with www.tredittire.com to the email address you have provided on registration. You agree to update your email address at www.tredittire.com should it change at any point after your registration.
12. PRIOR AGREEMENTS. The Terms constitute the entire agreement between you and Tredit with respect to the subject matter covered by the Terms and supersedes all prior agreements, whether oral or written, express or implied, between the parties.
13. AMENDMENTS. The Terms may not be modified or amended except by a written instrument executed by each of the parties.
This Limited Warranty applies only to the original retail purchaser of Tredit brand bias tires. The type of tire you purchased can be determined by reference to the name and serial number located on the sidewall of your tire
What this Warranty Covers
Subject to the terms and conditions stated in this Limited Warranty, Tredit will replace or provide an appropriate allowance for, any Tredit brand bias tire sold and used in the United States and/or Canada, that fails due to a defect in material and/or workmanship including weather cracking for a period of two (2) years from the date of purchase. The date of purchase shall be determined by referencing your trailer or tire invoice. If you cannot provide your trailer or tire invoice, your coverage will be determined with reference to the date of tire manufacture, determined by the Department of Transportation (DOT) prescribed tire identification numbers, located on the sidewall of the tire.
What Tredit Will Do
Determination of whether a defect in material and/or workmanship exists will be made by Tredit, in its sole discretion, after examination of the tire. If Tredit determines that a defect in material and/or workmanship exists in your tire, the following shall apply:
What You Must Do
In order to make a claim under this Limited Warranty, you must present the failed tire to a Tredit Tire distributor or participating dealer in the USA or Canada, along with proof of your purchase date, such as an original trailer dealer or tire retailer invoice or contact Tredit at (866) 443-9907. Tires accepted for claim under this Limited Warranty become the property of Tredit. You must make your claim within 30 days of your discovery of the alleged defect. You must pay the adjusted price of the new tire (current retail price less applicable allowance).
This Limited Warranty does not apply to:
Limitations and Exclusions This Limited Warranty is the only applicable warranty, and ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. To the extent permitted by law, TREDIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF TIME, INCONVENIENCE, LOSS OF USE OF TRAILER, COSTS OF TOWING OR TRANSPORTATION, AND VEHICLE/TRAILER DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Tredit makes no express claims of expected tire wear. Tire wear can be affected by many variables including, without limitation driving conditions, load, and tire inflation. Nothing in this warranty is intended to be a representation that tire failures cannot occur. No one, including Tredit employees, representatives, or dealers has the authority to make or imply any warranties, promises or agreements which in any way vary from the terms of this Limited Warranty.
Dispute Resolution Any controversy or claim arising out of or relating to this Limited Warranty, or the sale or use of any tire, or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Elkhart, Indiana. This agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §2 et seq., also known as the United States Arbitration Act, shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.
This Limited Warranty applies only to the original retail purchaser of Tredit brand radial tires. The type of tire you purchased can be determined by reference to the name and serial number located on the sidewall of your tire
Subject to the terms and conditions stated in this Limited Warranty, Tredit will replace or provide an appropriate allowance for, any Tredit brand radial tire sold and used in the United States and/or Canada, that fails due to a defect in material and/or workmanship for a period of six (6) years from date of retail purchase (weather checking, 2 years). The date of purchase shall be determined by referencing your trailer or tire invoice. If you cannot provide your trailer or tire invoice, your coverage will be determined with reference to the date of tire manufacture, determined by the Department of Transportation (DOT) prescribed tire identification numbers, located on the sidewall of the tire.