Tire Storage Agreement

For the purpose of this Agreement, the “Customer” is the person named on the Tyre-D Company invoice for seasonal tire storage and may also include any person lawfully entitled to the Tires.

For the purpose of this Agreement, the “Company” is Tyre-D Company.

“Tires” means the set of tires the Customer delivers to Tyre-D Company, or has collected by Tyre-D Company, for storage under this Agreement — whether or not they are mounted on rims or wheels — together with any rims, wheels, valve stems, pressure sensors, valve caps, balance weights or other hardware delivered with them.

Where the Customer replaces that set under the Replacement Tires clause of this Agreement, the replacement set becomes the “Tires” for all purposes of this Agreement.

Anything else left with, inside or attached to the Tires is not part of the Tires. Tyre-D Company does not inventory, store or insure it, and is not responsible for it.

“Winter Changeover Season” is from September 1 to February 28.

“Summer Changeover Season” represents the period from March 1 to August 31. “Changeover Season” means either a Winter Changeover Season or a Summer Changeover Season.

The Customer agrees that Tyre-D Tire Company may change the storage location of the Tires from time to time at its discretion with notice to the Customer.

The customer understands that there are a few hours of preparation to make tires available for appointment. The customer agrees to use the “appointments” option on the web page.

The Customer agrees to pay all charges outlined in this Agreement immediately when they become due, as well as all other amounts payable hereunder and all applicable taxes. The Customer will make payment for storage of the Tires for the Initial Term at the time of booking the tires to Tyre-D Company and at the start of each Renewal Term in accordance with this Agreement until its termination.

No portion of the Customer’s payment for the Initial Term will be refunded once two days have passed after the Customer has had their tires picked up by Tyre-D Company for storage, including if this Agreement is terminated before the end of the Initial Term.

The Term of this Agreement (the “Initial Term”) starts when the Customer books the Tires to Tyre-D Company and ends on the last date of the second Changeover Season or when the Tires are removed from storage, whichever occurs first. The Customer will pay for the Initial Term at the time of pickup of the Tires to Tyre-D Company.

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: (i) the Tires are or are determined by Tyre-D Tire Company to no longer be in Tyre-D Tire Company’s possession, or (ii) this Agreement has otherwise been terminated.

By leaving the Tires in Tyre-D Tire Company’s possession, the Customer has agreed to renew this Agreement for each Renewal Term.

The Customer agrees that if the Customer replaces the Tires with a different set of tires for storage by Tyre-D Tire Company (e.g. replace winter tires with summer tires), then the replacement tires will be the Tires, that the terms and conditions of this Agreement will apply to the replacement tires as though they were the Tires and this Agreement will continue in full force and effect and unamended except in respect of the Tires.

Tyre-D Tire Company has an internal and external insurance policy that will replace damaged tires with like and kind quality in the event of an insurable loss. The Customer acknowledges and understands that there may be situations in which Tyre-D Tire Company does not insure and will not insure or guarantee against the damage or loss of Tires stored by Tyre-D Tire Company, and Tyre-D Tire Company’s liability for loss or damage to the Tires is limited as described in this Agreement. Except as otherwise set out in this Agreement, the Customer hereby waives, releases and indemnifies Tyre-D Tire Company from and against any claims against Tyre-D Tire Company.

Acts of default by the Customer include:

(i) The Customer’s failure to pay any sum when due.

(ii) The Customer’s failure to perform any covenant, condition or obligation under any agreement between Tyre-D Tire Company and the Customer.

(iii) The Customer suffers any distress, execution, or other legal or statutory process resulting in a lien, claim, judgment, or charge on the Tires or Tyre-D Tire Company.

(iv) The Customer becomes insolvent, commits an act of bankruptcy or is the subject of any proceedings under any provincial or federal legislation to protect debtors.

Upon an act of default by the Customer, Tyre-D Tire Company will provide the Customer with notice of the default using the last contact information the Customer provided and, in the event the Customer fails to respond to Tyre-D Tire Company within twenty-one (21) days of such notice, the Customer shall be deemed to have abandoned the Tires. In the event of abandonment, without terminating this Agreement (unless so elected by Tyre-D Tire Company), Tyre-D Tire Company shall be entitled to take possession of such abandoned property and dispose of it in any manner Tyre-D Tire Company deems fit, including by public auction.

Immediately upon any act of default by the Customer, Tyre-D Tire Company may, without terminating this Agreement (unless so elected by Tyre-D Tire Company), and in addition to any other remedy contained herein, 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, whether individually or together, and apply the proceeds of such disposition to any outstanding balance payable under this Agreement, as well as to the reasonable expenses incurred by Tyre-D Tire Company for seizing, repossessing, holding, repairing or preparing the Tires for sale and any other reasonable expenses incurred by Tyre-D Tire Company in enforcing its rights herein; Avail itself of any other remedies available to it under this Agreement, at law or in equity, including under the applicable personal property security act of the province in which the Tires are stored;

Terminate this Agreement.

Except as explicitly provided in this Agreement, the Customer hereby agrees to waive, release and further discharge all claims against Tyre-D Tire Company, its affiliates, employees, contractors, agents or others for whom it is responsible at law (the “Company”), 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 or the Company may suffer as a result of the services provided by the Company or the use, storage of the Tires, wheresoever the storage occurs, or the transport of the Tires or damage to the Tires or anything related thereto 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 violation of any statutory or other duty of care on the part of the Company or the Customer and specifically.

THE LIABILITY OF THE COMPANY FOR ANY ACTUAL AND DIRECT DAMAGES INCURRED BY THE CUSTOMER (OR ANY OTHER PERSON OR COMPANY) AS A RESULT OF Tyre-D TIRE COMPANY’S ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO NEGLIGENCE CAUSING DAMAGE, FAILURE TO DELIVER, LOSS OR THEFT OR DAMAGE, OR LATE OR DELAYED DELIVERY OF THE TIRES, SHALL BE LIMITED AS PROVIDED IN THIS AGREEMENT AND SHALL IN NO EVENT EXCEED A MAXIMUM OF $500 CAD. UNDER NO CIRCUMSTANCES SHALL Tyre-D TIRE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING FROM ANY OF Tyre-D TIRE COMPANY’S ACTS AND OMISSIONS, SUCH AS THOSE DESCRIBED IN THE PRECEDING SENTENCE.

The failure by the Customer to accept delivery of the Tires within the time confirmed shall render the Customer liable for reasonable costs of storing, handling and redelivery charges incurred by Tyre-D Tire Company. The Customer shall pay Tyre-D Tire Company at Tyre-D Tire Company’s regular rate for each service caused by any act or default of the Customer or the Customer’s agent. RE-DELIVERY COST WILL BE $150 PER DIRECTION.

The Customer will pay all costs (including legal fees and disbursements) incurred by Tyre-D Tire Company in enforcing any of the terms, provisions, covenants and indemnities in this Agreement.

If the Customer defaults under this Agreement, Tyre-D Tire Company may enforce its rights as a secured creditor, including any rights to seize and sell the Tires at the time of default.

Any notice required under this Agreement may be given verbally, hand-delivered, or sent by mail, electronic text, email or other instantaneous method, except where applicable legislation requires notice to be given in a prescribed form. Any notices sent by mail will be deemed to be received on the third day after mailing. Any other form of notice given by Tyre-D Tire Company to the Customer, whether verbally, by hand delivery, electronic text, email or other instantaneous method, will be deemed to be given immediately.

This Agreement is binding upon the parties, their heirs, executors, legal representatives, successors and permitted assigns and will be construed and interpreted in accordance with the laws of the province in which the Tires are stored.

Tyre-D Tire Company may assign this Agreement to a third party, at its discretion, without notice to the Customer.

The Customer cannot set off for any amounts owing hereunder against any amounts due or alleged to be owing to the Customer by Tyre-D Tire Company

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

Any forbearance by Tyre-D Tire Company in enforcing any of its rights under this Agreement in the event of a default by the Customer will not constitute a waiver of Tyre-D Tire Company’s rights, including its right to require the Customer to comply strictly with the terms of this Agreement.