ACCELL Tire Distributors, LLC

Terms of Service

These Terms of Service ("Terms") govern all quotations, sales, deliveries, and transactions between ACCELL Tire Distributors, LLC ("ACCELL," "Company," "we," "our," or "us") and the purchaser ("Customer"). By placing an order with ACCELL Tire Distributors, LLC, the Customer agrees to be bound by these Terms.

1. Acceptance of Terms

All sales are expressly conditioned upon the Customer's acceptance of these Terms. Any conflicting or additional terms submitted by the Customer are rejected unless expressly agreed to in writing by an authorized representative of ACCELL Tire Distributors, LLC.

2. Products and Availability

ACCELL Tire Distributors, LLC distributes new tires and related products from various manufacturers.

Product availability is subject to inventory levels and manufacturer supply. We reserve the right to discontinue products or substitute equivalent products when necessary after notifying the Customer.

3. Pricing

• All prices are quoted in U.S. Dollars.
• Prices are subject to change without prior notice until an order has been accepted.
• Quotes are valid only for the period stated on the quotation.
• Pricing does not include applicable taxes, freight, fuel surcharges, disposal fees, or other governmental charges unless specifically stated.

4. Orders

Orders become binding upon acceptance by ACCELL Tire Distributors, LLC.

We reserve the right to:

• Decline any order.
• Limit quantities.
• Require payment before shipment.
• Verify customer information before processing.

5. Payment Terms

Unless otherwise agreed in writing:

• Payment is due according to the approved credit terms or at the time of purchase.
• Past due balances may be subject to interest at the lesser of 1.5% per month (18% annually) or the maximum rate permitted by Florida law.
• Customer agrees to pay all reasonable collection costs, including attorney's fees and court costs, if collection efforts become necessary.

Returned checks or rejected electronic payments may be subject to additional processing fees.

6. Credit Accounts

Customers requesting credit terms may be required to complete a credit application.

ACCELL Tire Distributors, LLC reserves the right to:

• Adjust credit limits.
• Suspend shipments.
• Require deposits or prepayment.
• Revoke credit privileges at any time.

7. Shipping and Delivery

Delivery dates are estimates only.

ACCELL Tire Distributors, LLC is not responsible for delays caused by:

• Manufacturers
• Freight carriers
• Weather
• Labor disruptions
• Government actions
• Force majeure events
• Circumstances beyond our reasonable control

Risk of loss transfers to the Customer upon delivery to the carrier or upon delivery to the Customer, depending on the shipping terms agreed upon.

8. Inspection of Shipments

Customers are responsible for inspecting shipments immediately upon receipt.

Claims for:

• Shipping damage
• Shortages
• Incorrect merchandise

must be reported within 48 hours of delivery.

Failure to notify ACCELL within this period may result in denial of the claim.

9. Returns

Returns are governed by the current ACCELL Tire Distributors, LLC Return Policy, which is incorporated into these Terms by reference.

No merchandise may be returned without an approved Return Merchandise Authorization (RMA).

10. Manufacturer Warranty

Products are subject only to the warranties provided by their respective manufacturers.

ACCELL Tire Distributors, LLC does not manufacture the products it sells and will assist Customers in processing warranty claims but does not independently guarantee manufacturer warranty decisions.

11. Disclaimer of Warranties

Except as expressly stated herein or required by applicable law, ACCELL Tire Distributors, LLC disclaims all warranties, express or implied, including but not limited to:

• Implied warranty of merchantability
• Implied warranty of fitness for a particular purpose
• Non-infringement

No employee or representative is authorized to modify these disclaimers unless in writing and signed by an authorized officer of ACCELL Tire Distributors, LLC.

12. Limitation of Liability

To the fullest extent permitted by law, ACCELL Tire Distributors, LLC shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to:

• Lost profits
• Lost business opportunities
• Downtime
• Loss of goodwill
• Labor costs
• Vehicle damage
• Property damage resulting from improper installation or misuse

ACCELL's total liability for any claim shall not exceed the purchase price of the product giving rise to the claim.

13. Customer Responsibilities

The Customer agrees to:

• Use products only as intended.
• Ensure installation is performed by qualified personnel.
• Follow all manufacturer recommendations.
• Inspect products prior to installation.
• Maintain proper tire inflation, loading, rotation, and maintenance.

14. Taxes

Customer is responsible for all applicable federal, state, and local taxes unless a valid tax exemption certificate is provided prior to purchase.

15. Intellectual Property

All trademarks, trade names, logos, marketing materials, photographs, catalogs, and website content remain the exclusive property of ACCELL Tire Distributors, LLC or their respective owners and may not be reproduced without written permission.

16. Force Majeure

ACCELL Tire Distributors, LLC shall not be liable for delays or failure to perform resulting from events beyond its reasonable control, including natural disasters, pandemics, labor disputes, supply chain disruptions, governmental actions, cyber incidents, transportation interruptions, or shortages of materials.

17. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

18. Venue

Any dispute arising from these Terms or any transaction with ACCELL Tire Distributors, LLC shall be brought exclusively in the state or federal courts located in the State of Florida, and the parties consent to the jurisdiction of those courts.

19. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with any accepted quotation, invoice, purchase agreement, and the ACCELL Tire Distributors, LLC Return Policy, constitute the entire agreement between the parties regarding the sale of products and supersede all prior discussions or agreements relating to the transaction.

21. Amendments

ACCELL Tire Distributors, LLC reserves the right to modify these Terms at any time. Updated Terms will apply to future transactions and will be made available upon request or through the Company's website.

Contact Information

ACCELL Tire Distributors, LLC

Customer Service

Email: accelltire@gmail.com

Website: _______________________

Business Hours: 8 AM - 5 PM EST

By placing an order with ACCELL Tire Distributors, LLC, the Customer acknowledges that they have read, understood, and agreed to these Terms of Service.