PRIDE TIRES INC.
Terms of Sale Agreement
Last updated: 24th March, 2026
1. Definitions
“Seller” means Pride Tires Inc., an Ontario-based tire wholesaler.
“Buyer” means the business entity purchasing tires or related products from the Seller.
“Goods” means tires, tubes, wheels, accessories, and any related products supplied by the Seller.
2. Application of Terms
These Terms of Sale apply to all quotations, Sales Orders, invoices, and deliveries made by the Seller.
Any terms proposed by the Buyer that conflict with these Terms are rejected unless expressly accepted in writing by the Seller.
3. Orders and Acceptance
- All orders submitted by the Buyer constitute an offer to purchase Goods.
- The Seller may accept or reject any order at its discretion.
- Acceptance occurs only when the Seller issues a written confirmation or ships the Goods.
- The Seller is not responsible for typographical errors, pricing errors, or discontinued products.
4. Pricing
- Prices are as stated in the applicable Sales Order or invoice.
- Prices exclude HST, freight, environmental fees, and other charges unless otherwise stated.
- Prices may change without notice prior to order acceptance.
5. Payment Terms
- Payment terms are as specified in the Sales Order.
- All invoices must be paid in full by the due date.
- Late payments may incur interest at 1.5% per month or the maximum permitted under Ontario law.
- The Seller may suspend or cancel pending orders if the Buyer has overdue balances.
6. Retention of Title (Ownership)
- Title to all Goods shall remain with the Seller until full payment, including all applicable taxes, legal fees, any other associated costs and interest, has been received by the Seller for all Goods supplied to the Buyer.
7. Delivery, Shipping & Risk of Loss
- Delivery dates are estimates only and not guaranteed.
- Risk of loss transfers to the Buyer upon delivery to the shipping location.
- The Buyer must inspect Goods upon receipt and report any shortages, defects, or shipping damage within 1 business day.
8. Limited Warranty (Tires & Related Products)
The Seller warrants that the Goods supplied are free from material defects in workmanship and materials at the time of delivery.
This limited warranty does not cover:
- Road hazards
- Improper installation, mounting, or balancing
- Misuse, racing, overloading, or under-inflation
- Normal tread wear
- Damage caused by alignment issues or mechanical defects
- Tires used outside manufacturer specifications
The Seller’s sole obligation is, at its option, to:
- Replace the defective Goods,
- Provide a credit toward future purchases, or
- Refund the purchase price of the defective Goods.
No other warranties apply, including implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by Ontario law.
9. Returns & Claims
- Returns require prior written authorization (RMA).
- Returned Goods must be unused, unmounted, and in resalable condition.
- A restocking fee of 20% may apply.
- Claims for warranty or defects must include photos, serial numbers, and proof of purchase.
10. Limitation of Liability
To the maximum extent permitted by law:
- The Seller is not liable for indirect, incidental, or consequential damages, including lost profits or downtime.
- The Seller’s total liability is limited to the purchase price of the Goods giving rise to the claim.
11. Indemnification
The Buyer agrees to indemnify and hold the Seller harmless from any claims, damages, or losses arising from:
- Improper installation or use of the Goods
- Resale of the Goods
- The Buyer’s breach of these Terms
- Any third-party claims related to the Buyer’s operations
12. Default
If the Buyer fails to pay any amount when due or breaches these Terms, the Seller may:
- Suspend or cancel pending orders
- Repossess Goods under the retention-of-title clause
- Demand immediate payment of all outstanding amounts
- Recover all collection costs, including legal fees
13. Governing Law
- This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
14. Amendments
- The Seller may update these Terms at any time. Continued purchases constitute acceptance of the revised Terms.
15. Entire Agreement
- These Terms, together with any Sales Orders or invoices, form the entire agreement between the parties and supersede all prior communications.