Tire Storage Policy

2711143 Ontario Inc / Bruiser Automotive and Tire

Bruiser Automotive and Tire - TIRE STORAGE TERMS AND CONDITIONS

Updated  September 2024

Customer.  For the purpose of this Agreement, the “Customer” is the person named on the Bruiser Automotive and Tire 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 Bruiser Automotive and Tire, having an office at 16 Lansdowne St West, Peterborough Ontario, K9J 1Y1

Tires.  “Tires” means the tires and attached wheels (if applicable), delivered to Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire to request tires.  Upon payment of all amounts owing to Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire.

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 Bruiser Automotive and Tire to no longer be in Bruiser      Automotive and Tire possession.
• This      Agreement has otherwise been terminated. By leaving the tires in Bruiser      Automotive and Tire’s possession the Customer has agreed to renew this      Agreement for each Renewal Term.  The Customer will pay to Bruiser      Automotive and Tire 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 Bruiser Automotive and Tire      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      Bruiser Automotive and Tire 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 Bruiser      Automotive and Tire.

Notice of Default.  Upon an act of default by the Customer, Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire), 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, Bruiser Automotive and Tire may, without terminating this Agreement (unless so elected by Bruiser Automotive and Tire), 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 Bruiser Automotive and Tire for holding, repairing or      preparing the Tires for sale and any other reasonable expenses incurred by      Bruiser Automotive and Tire 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 Bruiser Automotive and Tire takes possession of the Tires then the Customer authorizes Bruiser Automotive and Tire to do any of the following until Bruiser Automotive and Tire 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 Bruiser Automotive and Tire. If this situation occurs, Bruiser      Automotive and Tire 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 Bruiser Automotive and Tire 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 Bruiser Automotive and Tire 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.