Terms and Conditions
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICEOFFERED BY VULCAN TIRE AND WHEEL DBA JBM TIRE AND WHEEL WHOLESALE(THE “COMPANY”) ON THE WEBSITE: WWW.JBMTIRE.COM (THE “WEBSITE”). PLEASEREAD THESE TERMS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATIONABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS ANDEXCLUSIONS THAT MAY APPLY TO YOU.BY CLICKING ON THE “I AGREE” BUTTON OR BY PLACING AN ORDER THOUGH JBMTIRE AND WHEEL WHOLESALE, YOU (“YOU” AND/OR “CUSTOMER” HERIN)ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE SOUND BYTHESE TERMS OF SALE WITOUT LIMITATIONS OR QUALIFICATIONS. THESE TERMS OFSALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS OF SALEEACH TIME YOU MAKE A PURCHASE.
1. PRODUCTS. Company is authorized to sell the products and/or services offered for
sale on the Website. Company may discontinue any product and/or service at any
time without notice. The prices advertised on the website for the products and
services do not include shipping and handling or sales tax, if applicable, will be
added to your total invoice price.
2. ORDERS. Orders are not binding upon company until accepted. Acceptance of
customer’s orders shall be communicated to Customer on the Website or through
phone call. Company reserves the right, without prior notification, to 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 orders.
3. PAYMENT. Company accepts valid Visa, MasterCard, American Express and
Discover credit/debit cards. Customer credit/debit cards will be charged in full when a
customer order is processed. There will be a THREE PERCENT (3%) credit/debit
card charge on all orders paid with credit/debit cards.
4. CANCELLATIONS. Once an order is placed, we are unable to cancel it. When we
receive an order, we immediately pull the products from one of our warehouses to
start the delivery process.
5. TITLE TO PRODUCTS. Company retains all right, title, and interest in and to the
ordered products until the products have been delivered and the invoice has been
paid in full.
6. SHIPPING CHARGES. The prices advertised on the Website for the products and
services do not include shipping and handling charges. The applicable shipping and
handling charges may vary depending on the Customer’s location and shipping
address. The applicable shipping and handling charges will be provided at the point
of purchase on the Website and will be added to the total invoice price at the point of
purchase on the Website.
7. RETURN/REFUND POLICY. If you are dissatisfied with your purchase, you may be
entitled to return the products purchased or seek a refund of the purchase price in
accordance with the Company’s Return/Refund policy in effect at time of purchase.
8. WARRANTIES. ALL PRODUCTS ARE PROVIDED TO CUSTOMERS BY
COMPANY “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND
RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESSED, OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT, TITLE,
OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties given to
Customer relating to the products, if any, are those provided by the manufacturers of
such products, and Customer acknowledges that any warranty claims arising out of
the manufacturer must be pursued directly to the manufacturer. Customer is
responsible for all warranty paperwork as required by the manufacturer. Neither
VULCAN TIRE AND WHEEL DBA JBM TIRE AND WHEEL WHOLESALE nor the
manufacturer will reimburse installation fees or other costs related to warranty
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW,
COMPANY 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 THESE TERMS OF SALE, THE WARRANTY, CONTRACT,
TORT, (INCLUDING NEGLIGABLE OR STRICT LIABILITY), OR OTHERWISE. IN
NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY EXCEED THE
AMOUNT THE CUSTOMER HAS PAID TO THE COMPANY FOR THE
APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These
limitations shall apply notwithstanding any failure of essential purpose of any
10. SEVERITABILITY. If any provisions of these Terms of Sale are held illegal,
unenforceable, or in conflict with any law by any court of competent jurisdiction, such
provisions shall be deemed severed from these Terms of Sale and the validity of the
remainder Terms of Sale shall not be affected thereby.
11. GOVERNING LAW. These Terms of Sale shall be governed by and construed in
accordance with the laws of Arkansas applicable to contracts made and to be
enforced wholly within such state.
12. JURISDICTION AND VENUE. You and the Company (collectively the “Parties,”
individually a “Party”) irrevocably agree that any legal action, suit or proceeding
brought by it in any way arising out of these Terms of Sale may be brought in the
federal or state courts of the State of Arkansas and each party irrevocably accept
and submits to the jurisdiction of each of the aforementioned courts in person,
generally with respect to any action, suit or proceeding brought by it or against it by
the other Party.
13. 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 writing signed by both Parties.