THIS SALES AGREEMENT (the “Agreement”)
Delta Wholesale Tire INC (deltatirestore.com) of 1470 Thorndale Ave, Elk Grove Village, IL 60007
OF THE FIRST PART
– AND –
Name and address above
OF THE SECOND PART
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows:
Sale of Goods
- The Seller will sell, transfer and deliver to the Buyer after the purchase date, the following goods (the ‘Goods’):
shown on the invoice.
- The Buyer will accept the Goods and pay for the Goods by e-transfer, online credit card, eCheck or PayPal as required in clause 4 of this Agreement.
- The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the purchase price specified in this Agreement, the amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities.
- Payment for the Goods will be made to the Seller when the Buyer completes the checkout process on deltatirestore.com. Goods have been delivered by the Seller to a carrier for shipment to the Buyer or, in the alternative, when any document of title or registrable bill of sale, bearing any necessary endorsement, is tendered to the Buyer.
Delivery of Goods
- The Goods will be deemed received by the Buyer when delivered to the Buyer by the carrier. The method of shipment will be within the discretion of the Seller. However, the Seller will only be responsible for the lesser of truck freight or rail freight to the Buyer.
Risk of Loss
- Risk of loss will be on the Buyer from the time of delivery to the carrier. Until payment is made in full to the Seller, the Buyer will provide, at its expense, insurance on the Goods to ensure the Seller’s and the Buyer’s interest as they appear.
- The Seller warrants that (1) the Seller is the legal owner of the Goods; (2) the Goods are free from all liens and encumbrances; (3) the Seller has the right to sell the Goods; and (4) the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons.
- The Seller warrants that the Goods will be fit for the purpose for which such goods are ordinarily intended.
- The Seller warrants that the Goods are now free and at the time of delivery will be free from any security interest or other lien or encumbrance, except the security interest created in this Agreement until the Seller is paid in full.
- The Seller warrants that the Goods will be delivered free of the rightful claim of any person arising from patent or trademark infringement.
- EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE SELLER REGARDING THE GOODS.
- Title to the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable Bill of Sale of the Goods, bearing any necessary endorsement, to the Buyer.
- The Seller retains a security interest in the Goods until paid in full.
- An inspection will be made by the Buyer at the time and place of delivery.
- The Buyer’s failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
- If you change your mind about an order after you’ve placed it on our website, we recommend contacting Support at (630) 422-1014 immediately so that we can rectify the situation as soon as possible. Calling within an hour of placing an order will increase the likelihood that we will be able to cancel your order before it has been processed.
If your order has not yet shipped, we will cancel the order and you will receive a full refund credited back to the original method of payment. If an order has already been processed and shipped, you will have to return any unmounted tires back to us. The cost of shipping is covered by the buyer. After we receive the tires and inspect them we will issue a full refund.
Excuse for Delay or Failure to Perform
- The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by a full refund of all sums paid by the Buyer pursuant to this Agreement.
- The Buyer’s exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
- The Seller reserves the right to cancel this Agreement:
- if the Buyer fails to pay for any shipment when due;
- in the event of the Buyer’s insolvency or bankruptcy; or
- if the Seller deems that its prospect of payment is impaired.
- Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail:SELLER: Delta Wholesale Tire INC, 1470 Thorndale Ave, Elk Grove Village, IL 60007BUYER: Name and address above.
Mediation and Arbitration
- If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to both the Seller and the Buyer. The cost of any mediations or arbitrations will be paid by the Buyer.
- Headings are inserted for the convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
- The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
- This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
- This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, including the Illinois Uniform Commercial Code and the Seller and the Buyer hereby attorney to the jurisdiction of the Courts of the State of Illinois
- Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Illinois on the date of execution of this Agreement.
- If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or another official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
- This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
- This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
- Time is of the essence in this Agreement.
- This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to the prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
IN WITNESS WHEREOF the parties have executed this Sales Agreement on the date shown on the invoice.
Terms and conditions
Welcome to deltatirestore.com
These terms and conditions outline the rules and regulations for the use of deltatirestore.com’s Website.
deltatirestore.com is located at:
1470 E Thorndale Ave, Elk Groove VillageIllinois – 60007,
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use deltatirestore.com’s website
if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of . Any use of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Cookies
to enable the functionality of this area and ease of use for those people visiting. Some of our
Unless otherwise stated, deltatirestore.com and/or it’s licensors own the intellectual property rights for
all material on deltatirestore.com. All intellectual property rights are reserved. You may view and/or print
pages from https://www.deltatirestore.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://www.deltatirestore.com
Sell, rent or sub-license material from https://www.deltatirestore.com
Reproduce, duplicate or copy material from https://www.deltatirestore.com
Redistribute content from deltatirestore.com (unless the content is specifically made for redistribution).
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long
as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and (c) fits within the context of the linking
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of, and (d) where the
link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and its products or services; and (c) fits within the context of the linking party’s
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to firstname.lastname@example.org.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.
No use of deltatirestore.com’s logo or other artwork will be allowed for linking absent a trademark license
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph, and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
Delta Tires Store
Credit & Contact Information
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