Tire Storage Terms and Conditions

2^nd TIME AROUND TIRES

2^nd TIME AROUND TIRES OSHAWA TIRE STORAGE TERMS AND CONDITIONS

Updated August 28, 2024

Customer.  For the purpose of this Agreement, the “Customer” is the person named on the 2^nd Time Around Tires Oshawa invoice for the seasonal tire storage. Customer may also include any person lawfully entitled to the Tires. 

Company.  For the purposes of this Agreement, the “Company” is 2^nd Time Around Tires Oshawa, having an office at 1280 Simcoe St. N Oshawa, ON L1G 4X4.

Tires.  “Tires” means the tires and attached wheels (if applicable), delivered to 2^nd Time Around Tires Oshawa by the Customer.  Accepted by the Company from the Customer for seasonal storage.

Changeover Season.    “Changeover Season” means either a Winter Changeover Season or a Summer Changeover Season.  “Winter Changeover Season” means the time period from September 1 to February 28.  “Summer Changeover Season” means the time period from March 1 to August 31.

Storage Location.  The Customer agrees that 2^nd Time Around Tires Oshawa at 1280 Simcoe St. N. Oshawa Ontario L1G 4X4 may change the storage location of the tires from time to time at its own discretion without notice to the Customer but will remain on the property.

Tire Retrieval.  The Customer acknowledges that 2^nd Time Around Tires Oshawa requires reasonable time to retrieve and have the Tires available to the Customer.  The Customer agrees to provide no less that 48 hours advance notice to request 2^nd Time Around Tires Oshawa.  Upon payment of all amounts owing to 2^nd Time Around Tires Oshawa pursuant to this Agreement, the Company will have the Tires ready for pick up by the Customer. 

Payment.  The Customer agrees to pay all charges set forth in the terms of this Agreement immediately when they become due, and for all other amounts payable hereunder and all applicable taxes.  The Customer will make payment for the storage of the Tires for the Initial Term at the time of delivery of the Tires to 2^nd Time Around Tires Oshawa and at the start of each Renewal Term in accordance with this Agreement until its termination.

No Refund.  No portion of the Customers payment for the Initial Term will be refunded once the Customer has delivered the Tires to 2^nd Time Around Tires Oshawa for storage, including if this Agreement is terminated prior to the end of the Initial Term.

Initial Term.  The Initial Term of this Agreement (the “Initial Term”) starts on the date that the Customer delivered the Tires to the Company and ends on the last date of the second Changeover Season or at the time the Tires are removed from storage, whichever occurs first.  The Customer will pay for the Initial Term at the time of delivery of the Tires to 2^nd Time Around Tires.

Renewal Terms.  This Agreement will automatically renew for an additional Changeover Season (“Renewal Term”) starting on the expiry of either the Initial Term or previous Renewal Term, unless:

• The Tires are determined by 2^nd Time Around Tires Oshawa to no longer be in 2^nd Time Around Tires Oshawa’s’ possession.
• This Agreement has otherwise been terminated. By leaving the tires in 2^nd Time Around Tires Oshawa’s possession the Customer has agreed to renew this Agreement for each Renewal Term.  The Customer will pay to 2^nd Time Around Tires Oshawa for each Renewal Term either: (i) the same amount as the previous Term; or (ii) an increased amount equal to but not more than 15% of the payment of the previous Term, as 2^nd Time Around Tires Oshawa may determine.  In addition to any payment for a Renewal Term the Customer will pay any applicable GST/HST or sales tax.

 Acts of Default.  Acts of Default by the Customer include:

• the Customer fails to pay any sum when due.
• the Customers fails to perform any condition or obligation under any agreement 2^nd Time Around Tires Oshawa and the Customer.
• the Customer suffering any distress, execution or other legal or statutory process resulting in a lien, claim, judgement or charge on the Tires or 2^nd Time Around Tires Oshawa.

Notice of Default.  Upon an act of default by the Customer, 2^nd Time Around Tires Oshawa will provide the Customer with notice of the default using the last contact information the Customer provided.  In the event the Customer fails to respond to 2^nd Time Around Tires Oshawa within thirty (30) days of this notice, the Tires shall be considered to have been abandoned.  In the event of the abandonment, without terminating this Agreement (unless so elected by 2^nd Time Around Tires Oshawa), the Company shall be entitled to take possession of the abandoned Tires and dispose of it at its sole discretion. 

Remedies.  Immediately upon any act of default by the Customer, 2^nd Time Around    Tires Oshawa may, without terminating this Agreement (unless so elected by 2^nd Time Around Tires Oshawa), and in addition to any other remedy contained in this Agreement, do any or all of the following at its option:

• seize and take possession of the Tires and dispose of them by private or public sale and apply the proceeds of the Tires to any outstanding balance payable under the Agreement, as well as to the reasonable expenses incurred by 2^nd Time Around Tires Oshawa for holding, repairing or preparing the Tires for sale and any other reasonable expenses incurred by 2^nd Time Around Tires Oshawa in enforcing its rights.
• avail itself of any other remedies available to it under this Agreement, at law or in equity including pursuant to the applicable Personal Property Security Act of the province in which the Tires are stored.

Authorization.  If 2^nd Time Around Tires Oshawa takes possession of the Tires then the Customer authorizes 2^nd Time Around Tires Oshawa to do any of the following until 2^nd Time Around Tires Oshawa determines how it wishes to dispose of the Tires:

• dispose of the Tires or place the Tires unattended on the ground in a location determined by 2^nd Time Around Tires Oshawa. If this situation occurs, 2^nd Time Around Tires Oshawa is not liable for the care or safe keeping of the Tires, except as otherwise set out in this Agreement, and the Customer will pay 2^nd Time Around Tires Oshawa for any storage cost, disposal cost and the cost of moving the tires.

Release.  Except as specifically provided in this Agreement, the Customer hereby agrees to waive, release and further discharge all claims against the Company, its employees, contractors, agents, successors or others for whom it is responsible at law, that the Customer has or may in the future have against the Company for any loss, damage, expense or injury, including death, that the Customer and/or the Company may suffer as a result of the services provided by the Company and/or the use, storage of the Tires, or damage to the Tires or anything related there to by the Customer or the Company including, without limitation, negligence, gross negligence, willful misconduct, breach of this Agreement or any other contract non compliance with licencing, or breach of any statutory or other duty on the part of the Company and/or the Customer.

Limited Liability.  The liability of the Company for any damages, whether special, indirect, incidental, consequential or punitive (collectively, the “Consequential Damages”) including, but not limited to, loss of profit or revenue incurred by the Customer or any other person or company as a result of the Company’s acts or omissions, including but not limited to negligence causing damage, failure to deliver, loss or theft or damage of the Tires shall be limited as provided in this Agreement.

Security Interest.  The Customer grants to the Company a security interest in the Tires to secure the payment of all indebtedness and liabilities, present or future, absolute or contingent, joint or several, including all current or running accounts and all future advances and readvances, and whether the same is reduced from time to time and thereafter increased or entirely extinguished and thereafter incurred again.

Stolen, Misplaced or Damaged Tires.  Should the Customers Tires be stolen, misplaced, damaged as a result of fire, water or any other means during the term of this Agreement, they will be replaced by the Company with products of like kind and quality (LKQ).  This will be based on the age and condition of the Tires when they were received by the Customer.  Details of Customers Tires are documented on Customers copy of the Company invoice.  The Company will also have a duplicate copy of the invoice.

Severability. If any part or provision of this Agreement is found to be invalid or unenforceable, the validity or enforceability in such or part or provision may not affect the remaining parts or provisions of this Agreement which will continue in full force.

No Waiver of Right.  Any refrainment by 2^nd Time Around Tires Oshawa in enforcing any of its rights under this Agreement in the event of a default by the Customer will not constitute a waiver of the Company’s rights, including its right to require the Customer to comply strictly with the terms of this Agreement.