Receiving Your Order
As soon as you receive your order, you should thoroughly inspect it for any damages or other problems. If you see that the packaging is compromised and the product inside may be damaged, we recommend that you refuse the delivery. The courier will then return the shipment to sender that will allow us to start the proceedings with the claim. Once you have accepted the shipment, any issues with the order discovered will have to be reported to us within 48 hours. Please, do not discard any shipping materials as it maybe necessary to file a claim for damages with the courier. DO NOT install the product before the issues have been resolved. If you install the product on your vehicle before reporting the problems, you are then assuming full responsibility for any damage to the product, and/or your vehicle.
Warranty for Online Purchases
For Tires
All tires sold by CTS are covered by a limited manufacturer's warranty. To initiate the warranty claim, contact the local authorized dealer of your tire’s brand in your area. Only authorized dealers are qualified to inspect a tire and determine it is under warranty. You will need to provide the authorized dealer with the original CTS receipt.
To find an authorized dealer in your area, visit the manufacturer’s website, or call them directly. It is the function of the authorized dealer to assist with tire evaluation and warranty of the product. If we find that the affected tire is covered under warranty, we will refund the purchase price of a new tire as per manufacturer’s pro-rated guidelines. The shipping charges both ways are the responsibility of the consumer. PLEASE NOTE: Tire warranties are pro-rated. You will be charged for the amount of tread that has been used based on the national adjustment price at the time of the warranty.
To find an authorized dealer in your area, visit the manufacturer’s website, or call them directly. It is the function of the authorized dealer to assist with tire evaluation and warranty of the product. If we find that the affected tire is covered under warranty, we will refund the purchase price of a new tire as per manufacturer’s pro-rated guidelines. The shipping charges both ways are the responsibility of the consumer. PLEASE NOTE: Tire warranties are pro-rated. You will be charged for the amount of tread that has been used based on the national adjustment price at the time of the warranty.
For Wheels
All wheels sold by CTS are covered by a one-year limited warranty on wheel finish and a lifetime structural warranty. Structural warranties are limited to defects such as cracks or leaks, not caused by road hazards or driver error (i.e. curbing is not covered under warranty). If you suspect that the wheels have a manufacturer’s defect, we will require photos of the wheel for the manufacturer’s inspection. If the wheel is approved for warranty, a replacement wheel will be shipped once the wheel in question is inspected.
TPMS (Tire pressure monitor system)
The TPMS sensors purchased from CTS are aftermarket sensors designed to function exactly as replacement OEM sensors. If you encounter problems with the TPMS sensors purchased from CTS, we will evaluate each situation on a case-by-case basis and provide alternate directives as how to fix the problem.
Please communicate with us immediately when noticing an issue with TPMS. We will first recommend TPMS inspection by a certified mechanic or car dealership. The mechanic should follow the prescribed “OE re-learn procedure” outlined in your vehicle’s owner’s manual or using a TPMS scan tool. The re-learn procedure is important to ensure that the vehicle’s computer system recognizes that new replacement TPMS sensors have been installed. The cost of any labor required for the TPMS re-learn process is the responsibility of the consumer.
If this initial step does not solve the problem, we will instruct you to send the TPMS sensors back to us for a full refund. Refund requests must include a copy of the receipt to verify mechanic inspection. Customers are responsible for any labor charges incurred to remove the sensors.
Please communicate with us immediately when noticing an issue with TPMS. We will first recommend TPMS inspection by a certified mechanic or car dealership. The mechanic should follow the prescribed “OE re-learn procedure” outlined in your vehicle’s owner’s manual or using a TPMS scan tool. The re-learn procedure is important to ensure that the vehicle’s computer system recognizes that new replacement TPMS sensors have been installed. The cost of any labor required for the TPMS re-learn process is the responsibility of the consumer.
If this initial step does not solve the problem, we will instruct you to send the TPMS sensors back to us for a full refund. Refund requests must include a copy of the receipt to verify mechanic inspection. Customers are responsible for any labor charges incurred to remove the sensors.
Shipping Options
We ship orders anywhere in Canada and the U.S. Please note, Alaska, Hawaii, Yukon, Nunavut, and Northwest Territories require expedited shipping. Please contact us for a quote on expedited shipping prior to placing an order. We do not ship to P.O. box or APO/FPO addresses.
Shipping Throughout North America
We ship orders anywhere in Canada and the U.S. Please note, Alaska, Hawaii, Yukon, Nunavut, and Northwest Territories require expedited shipping. Please contact us for a quote on expedited shipping prior to placing an order. We do not ship to P.O. box or APO/FPO addresses.
International Orders
We do ship internationally. Please refer to the section on Ordering.
Our Shipping Partners
CTS is partnered with the FedEx or (UPS) Standard Ground service for orders in Canada to deliver the most economical service to our customers. Orders in the U.S. are shipped using UPS Ground services. International orders outside of the U.S. are shipped by Air Cargo to the nearest airport.
Shipping the Order
• If a product ordered is not in stock and needs to be sourced out, please add 7-10 business days.
• During our busiest seasons (fall and spring), order processing time may take up to an additional 5-7 business days.
• During our busiest seasons (fall and spring), order processing time may take up to an additional 5-7 business days.
If we determine that the order will be delayed by more than 10 business days, we will notify you via email.
Packaging
• Wheels: When you are buying wheels only, we use the original boxes, when possible. We then add an additional box on the outside for maximum impact protection. The wheel itself is also wrapped in protective plastic, cloth cover, or foam sheet over the face to protect it from cardboard chafing. Depending on the size, wheel boxes are sometimes strapped together in pairs to provide additional protection during shipping
• Tires: Tires will be shipped as-is. Tires may be strapped together in pairs, depending on the size of the tire.
• Tire and Wheel Packages: For Canadian orders, if you are buying wheels and tires, the tires are mounted on to the wheels. All nuts and bolts, hub centric rings (if applicable) and valve stems are included in the package. Hardware is sealed in its own small box and securely attached inside one of the wheel / tire assemblies. A label indicating “Hardware Enclosed” will be affixed to the package that contains the hardware.
• Tires: Tires will be shipped as-is. Tires may be strapped together in pairs, depending on the size of the tire.
• Tire and Wheel Packages: For Canadian orders, if you are buying wheels and tires, the tires are mounted on to the wheels. All nuts and bolts, hub centric rings (if applicable) and valve stems are included in the package. Hardware is sealed in its own small box and securely attached inside one of the wheel / tire assemblies. A label indicating “Hardware Enclosed” will be affixed to the package that contains the hardware.
Payment Options
We accept all major credit cards and Alipay as payment.
Credit Card (Visa, MasterCard, American Express)
• Wheels: When you are buying wheels only, we use the original boxes, when possible. We then add an additional box on the outside for maximum impact protection. The wheel itself is also wrapped in protective plastic, cloth cover, or foam sheet over the face to protect it from cardboard chafing. Depending on the size, wheel boxes are sometimes strapped together in pairs to provide additional protection during shipping
• Tires: Tires will be shipped as-is. Tires may be strapped together in pairs, depending on the size of the tire.
• Tire and Wheel Packages: For Canadian orders, if you are buying wheels and tires, the tires are mounted on to the wheels. All nuts and bolts, hub centric rings (if applicable) and valve stems are included in the package. Hardware is sealed in its own small box and securely attached inside one of the wheel / tire assemblies. A label indicating “Hardware Enclosed” will be affixed to the package that contains the hardware.
• Tires: Tires will be shipped as-is. Tires may be strapped together in pairs, depending on the size of the tire.
• Tire and Wheel Packages: For Canadian orders, if you are buying wheels and tires, the tires are mounted on to the wheels. All nuts and bolts, hub centric rings (if applicable) and valve stems are included in the package. Hardware is sealed in its own small box and securely attached inside one of the wheel / tire assemblies. A label indicating “Hardware Enclosed” will be affixed to the package that contains the hardware.
Paybright
CTS and Paybright have partnered to offer you tire and wheel financing in Canada. Pay over time with 6 easy payments.
•Instant Fresh Credit: Get a real-time credit decision. Pay over 6 months with 0% interest and a small monthly processing fee.
•Easy Monthly Payments: Your monthly payments are conveniently billed on your credit card.
•Choose ‘PayBright’ at checkout*
* Subject to credit check and approval. Not available for purchases under $500. Please see paybright.com/faq for further information. Currently unavailable for households in Quebec, Canada.
To learn more visit PayBright
•Instant Fresh Credit: Get a real-time credit decision. Pay over 6 months with 0% interest and a small monthly processing fee.
•Easy Monthly Payments: Your monthly payments are conveniently billed on your credit card.
•Choose ‘PayBright’ at checkout*
* Subject to credit check and approval. Not available for purchases under $500. Please see paybright.com/faq for further information. Currently unavailable for households in Quebec, Canada.
To learn more visit PayBright
Pricing & Currency
The price displayed is based on your IP address. If you have a Canadian internet provider, the prices will be displayed in Canadian currency. Conversely, if you have a U.S. internet provider, prices will be displayed in U.S. currency. If the currency displayed does not match your home country, please contact us and we will assist you.
Taxes & Duties
Most tires and some wheels are sourced primarily from our Canadian distributors. There are absolutely no duties or brokerage fees charged on Canadian orders delivered in Canada or charged to you upon delivery.
If you live in Canada, you will be charged GST, HST or PST. All U.S. orders are subject to its state taxes.
Shipping Options
If the order you have received is not to your satisfaction or you have changed your mind, you may return it. CTS will accept returns only within 7 days of delivery.
You must confirm that the order is correct. Any inaccuracies must be reported to us within 48 hours of delivery. If your order has been shipped, and it is in transit to you, please contact us immediately.
You must confirm that the order is correct. Any inaccuracies must be reported to us within 48 hours of delivery. If your order has been shipped, and it is in transit to you, please contact us immediately.
Return Conditions and Procedures
All merchandise must be in new condition, unused and undamaged. Tires must not be driven on. Wheels must not have been mounted on a vehicle or had tires mounted on them (excluding wheel and tire packages).
Tires
• Tires are shipped as-is (not boxed).
• Tires, size permitting, can be strapped together in pairs.
• Tires, size permitting, can be strapped together in pairs.
Wheels
• Please package rims as close as possible to how you received them in the original box if possible.
• There should be a thin layer of foam or plastic completely covering the face of the rim to protect against cardboard chafing. On top of that there should be a layer of cardboard completely covering the face of the rim to protect against impacts during shipping.
• Secure the box closed with a strong tape (packing tape or duct tape) and insert it inside a second box for maximum impact protection (i.e. double-box it).
• Please do not enclose the hardware sent with the wheels in the same box with the rims. There is too great of a chance that the package will come open and damage the rims. If you need to return hardware it should be packaged in a separate box and the box securely attached to the back of the rims.
• Please do not enclose the hardware sent with the wheels and tires. There is too great of a chance that the package will come open and damage the rims. If you need to return hardware it should be packaged in a separate box and the box securely attached to the back of the rims.
• Once everything is packaged securely and is safe for shipping, remove or cover any existing shipping labels. Under no circumstances will CTS accept a return of product that is damaged due to negligence. The products remain your property until they are received and inspected for damage.
• There should be a thin layer of foam or plastic completely covering the face of the rim to protect against cardboard chafing. On top of that there should be a layer of cardboard completely covering the face of the rim to protect against impacts during shipping.
• Secure the box closed with a strong tape (packing tape or duct tape) and insert it inside a second box for maximum impact protection (i.e. double-box it).
• Please do not enclose the hardware sent with the wheels in the same box with the rims. There is too great of a chance that the package will come open and damage the rims. If you need to return hardware it should be packaged in a separate box and the box securely attached to the back of the rims.
• Please do not enclose the hardware sent with the wheels and tires. There is too great of a chance that the package will come open and damage the rims. If you need to return hardware it should be packaged in a separate box and the box securely attached to the back of the rims.
• Once everything is packaged securely and is safe for shipping, remove or cover any existing shipping labels. Under no circumstances will CTS accept a return of product that is damaged due to negligence. The products remain your property until they are received and inspected for damage.
Refund Guidelines
When you have returned the order, the refund issued will be credited to your original payment method (when permitted).
Tires, Wheels and Accessories
The refund will be calculated based on the price of the product only, less freight charges both ways. U.S. and International orders may have additional charges applied (ie: duties/brokerage, if the order is shipped from and returned to Canada).
In some situations, we will e-mail you courier shipping labels. The shipping charges incurred will be deducted from the refund. If we are not able to provide you with shipping labels, you are responsible for shipping the order back at your expense. In this case you can use a courier of your choice, but we strongly recommend choosing a company that provides online tracking of the packages. DO NOT ship the order back with Canada Post or USPS. Any returns arriving at CTS as "Freight Collect" without documented authorization will be refused delivery. Please note that the product(s) are the customer's responsibility until we inspect for damages and take possession.
Please note it can take up to 2-4 weeks to process your refund.
In some situations, we will e-mail you courier shipping labels. The shipping charges incurred will be deducted from the refund. If we are not able to provide you with shipping labels, you are responsible for shipping the order back at your expense. In this case you can use a courier of your choice, but we strongly recommend choosing a company that provides online tracking of the packages. DO NOT ship the order back with Canada Post or USPS. Any returns arriving at CTS as "Freight Collect" without documented authorization will be refused delivery. Please note that the product(s) are the customer's responsibility until we inspect for damages and take possession.
Please note it can take up to 2-4 weeks to process your refund.
Lost Shipments
If your order has not been fully delivered and it is past the guaranteed delivery date, please contact us as soon as possible so we can trace with the courier. This is the procedure used to try and locate parcels that have not been delivered. If the package is located, it will be delivered as soon as possible. If the courier is not able to locate the package, we will initiate an insurance claim. In this case, the courier covers the costs to send you exact replacements of what was lost. We will have these replacements shipped to you as soon as possible. In the event of lost shipments, we only replace the order with the exact same product. We cannot provide a refund, and we cannot change the order to a different product.
Damaged Products
If your order is damaged in some way, you must Email us immediately. We will request you send us photos of the potential damage so we can assess the problem.
• If the order was damaged in shipping, then we will initiate a claim with the courier. It is important that you keep ALL the packaging material as the courier may want to inspect it. If the courier agrees to take responsibility, we will arrange to ship an exact replacement for that damaged part. We cannot provide a refund nor change to a different product. Claims with the courier must be completed prior to us shipping you a replacement product.
• In the unlikely event that the product was damaged prior to shipping, we will review the photos to determine the cause of the damage. If we determine that the damage occurred before we shipped the order, then we will replace the product or damaged part. We cannot provide a refund nor change to a different product.
• If we determine that damage occurred after you received the order, we will not issue a full refund. We reserve the right to assess the damaged product on a case by case basis and determine the amount of partial refund.
• If the order was damaged in shipping, then we will initiate a claim with the courier. It is important that you keep ALL the packaging material as the courier may want to inspect it. If the courier agrees to take responsibility, we will arrange to ship an exact replacement for that damaged part. We cannot provide a refund nor change to a different product. Claims with the courier must be completed prior to us shipping you a replacement product.
• In the unlikely event that the product was damaged prior to shipping, we will review the photos to determine the cause of the damage. If we determine that the damage occurred before we shipped the order, then we will replace the product or damaged part. We cannot provide a refund nor change to a different product.
• If we determine that damage occurred after you received the order, we will not issue a full refund. We reserve the right to assess the damaged product on a case by case basis and determine the amount of partial refund.
Fitment Guarantee
We guarantee that the products you have purchased will fit your vehicle, meaning the following:
Wheels: Wheels will bolt on and will not interfere on OEM brakes, suspension, or body components. Wheels that require hub centric rings or different wheel nuts/bolts are still considered a correct fitment.
Tires: Will fit within the approved overall tire diameter, load rating, and speed rating (winter tires are approved to have a lower speed rating). When you place an order, you must select your vehicle information from the drop-down menus presented to you in the search bar. Please note, the description of the vehicle may differ from your markings on the car. Always refer to your user manual for a full description of your vehicle. The failure to choose the correct vehicle may affect the selection of the product that fits your vehicle. If you feel that your exact vehicle is not listed please CTS, our experts will help with verification.
Tires: Will fit within the approved overall tire diameter, load rating, and speed rating (winter tires are approved to have a lower speed rating). When you place an order, you must select your vehicle information from the drop-down menus presented to you in the search bar. Please note, the description of the vehicle may differ from your markings on the car. Always refer to your user manual for a full description of your vehicle. The failure to choose the correct vehicle may affect the selection of the product that fits your vehicle. If you feel that your exact vehicle is not listed please CTS, our experts will help with verification.
Driver's Side Door Sticker Example
When upsizing or downsizing tires/wheels always refer to your original equipment tire size. Correct tire and wheel information can usually be found on the inside of the driver’s side door on a sticker. It is the responsibility of the customer to verify that this information is correct prior to placing the order in order to qualify for Fitment Guarantee.
If you choose not to provide your vehicle information, or chose to skip Search bar Check, when placing an order our Fitment Guarantee is not applicable.
Once we receive your order our first priority is to check fitment. This is done by our fitment team that employs various methods and manufactures databases to check fitment. We may come to the conclusion that the products you have ordered will not fit your described vehicle. In this case, you will be notified and will be provided with alternative options.
Due to mechanical wear and tear of a vehicle, tires and/or wheels may not fit as intended. It is impossible to take these factors into account when verifying fitment. Therefore, on rare occasions when a customer claims the product does not fit we reserve the right to refuse such a claim based on our previous experience with the same vehicle and/ or manufacturers fitment data available to the public. In such cases we will request pictures showing the issues with fitment and will assess the claim on a case by case basis.
If you choose not to provide your vehicle information, or chose to skip Search bar Check, when placing an order our Fitment Guarantee is not applicable.
Once we receive your order our first priority is to check fitment. This is done by our fitment team that employs various methods and manufactures databases to check fitment. We may come to the conclusion that the products you have ordered will not fit your described vehicle. In this case, you will be notified and will be provided with alternative options.
Due to mechanical wear and tear of a vehicle, tires and/or wheels may not fit as intended. It is impossible to take these factors into account when verifying fitment. Therefore, on rare occasions when a customer claims the product does not fit we reserve the right to refuse such a claim based on our previous experience with the same vehicle and/ or manufacturers fitment data available to the public. In such cases we will request pictures showing the issues with fitment and will assess the claim on a case by case basis.
The Fitment Guarantee claim will be denied in these circumstances:
• The vehicle description chosen or described by the customer is not complete, inaccurate or wrong.
• The vehicle is not listed when order is placed.
• The vehicle is listed on the manufacturers website as an approved fitment but the customer or the installer claims the product does not fit.
• The manufacturer representative has qualified the product as an approved fit for your described vehicle but the customer or the installer claims that the product doesn’t fit. • The order was not approved for 100% Fitment Guarantee and the order was shipped with the disclaimer to that effect
• The order was approved as a fitment based on the previously filled orders for exact same vehicle and product shipped (we keep such data) but the product didn’t fit due to the mechanical wear and tear.
• The vehicle is not listed when order is placed.
• The vehicle is listed on the manufacturers website as an approved fitment but the customer or the installer claims the product does not fit.
• The manufacturer representative has qualified the product as an approved fit for your described vehicle but the customer or the installer claims that the product doesn’t fit. • The order was not approved for 100% Fitment Guarantee and the order was shipped with the disclaimer to that effect
• The order was approved as a fitment based on the previously filled orders for exact same vehicle and product shipped (we keep such data) but the product didn’t fit due to the mechanical wear and tear.
Tire Storage Terms & Conditions
Before placing an order or renewal with Cariboo Tire Solution. Please make sure you (Customer) understand your rights and obligations under these terms and conditions, which apply to original and renewal periods. CTS is engaged in the storage and delivery of seasonal tires for customers (Services). All customer orders for Services must be accepted by CTS and are not valid until accepted by CTS and Customer has made all required payments. CTS reserves the right to reject any Customer order. For purposes of Services: “tires” means tires as well as rims and any attached tires, and associated lug nuts, supplied to CTS; “service year” means the 365-day period commencing when Customer signs up for the Services and Customer has made all required payments to commence the Services. These terms and conditions, as amended by CTS from time to time, will apply to future transactions for the Services without any further detailed agreement being necessary. CTS reserves the right to change its pricing and the terms and conditions at any time for future business transactions. For good and valuable consideration, and intending to be legally bound, Customer agrees to the following:
Tire Storage Obligations
Upon commencement of the Services, CTS shall pick up Customer’s seasonal tires not currently in use from Customer. CTS will store Customer’s seasonal tires until Customer informs CTS to have seasonal tires delivered to Customer’s home or office. CTS will take the seasonal tires that have been removed from Customer’s vehicle to storage facility. For the seasonal fee, Customer is entitled to have their seasonal tires picked up and delivered to a dealer two times during a 365-day period. For example, if Customer changes seasonal tires in November and April of each year, CTS will deliver Customer’s winter tires in November and pick up and store Customer’s summer tires at that time, and deliver Customer’s summer tires to the dealer in April and pick up and store Customer’s winter tires at that time.
Customer Obligations
During the period between October 1 and December 15 of each year and between March 1 and May 15 of each year (“Changing Season”) CTS will notify customer by phone or email. CTS will setup an appointment of customer’s choice with sufficient time to deliver the tires to customer’s home or office.
If after the Services are no longer requested by Customer, CTS disposes of any of Customer’s tires or needs to charge customer for any other additional fees, Customer hereby authorizes CTS to charge Customer’s credit and/or debit card, and otherwise hold Customer responsible, for the cost of such disposal, plus $100.00.
Customer shall not deliver any tires directly to CTS. Customer agrees that Customer shall have no access to CTS storage facilities and that CTS has the right to reject any tires of Customer that CTS believes are not suitable for storage or delivery.
If after the Services are no longer requested by Customer, CTS disposes of any of Customer’s tires or needs to charge customer for any other additional fees, Customer hereby authorizes CTS to charge Customer’s credit and/or debit card, and otherwise hold Customer responsible, for the cost of such disposal, plus $100.00.
Customer shall not deliver any tires directly to CTS. Customer agrees that Customer shall have no access to CTS storage facilities and that CTS has the right to reject any tires of Customer that CTS believes are not suitable for storage or delivery.
Payments by Customer
Customer agrees to pay the fees in effect, plus all applicable taxes, for tire storage and delivery at the time Customer signs up for the Cariboo Tire Storage Services. Customer authorizes Cariboo Tire Solution to charge all amounts due under any applicable credit or debit card presented to and acceptable to Cariboo Tire Soluion. Customer agrees that there are additional fees for truck tires. If Customer terminates the need for Cariboo Tire Solution Services prior to expiration of the service year, Cariboo Tire Solution will not provide any refund or credit to Customer.
Termination
This Agreement shall become effective upon acceptance by Cariboo Tire Solution of Customer’s request for the Services and payment by Customer. Either party shall have the right to terminate this Agreement upon notice at any time. Upon termination by Customer prior to the end of the then current service year, Customer shall not be entitled to any refund or credit of any payments made by Customer. Upon the expiration or termination of this Agreement, Cariboo Tire Solution shall deliver Customer’s tires to Customer’s home address of record. If Cariboo Tire Solution terminates this Agreement before the end of the then current service year, and only if Customer does not owe any amounts to Cariboo Tire Solution, as Customer’s sole remedy, Customer shall be entitled to only a pro rata unused portion of the yearly fee then paid by Customer for the then current service year based on the number of elapsed days in the then current service year.
Acknowledgment of Existing Conditions
* Customer acknowledges that Customer’s tires might be damaged prior to receipt and CTS is not responsible for such damage. CTS will not be responsible for any normal wear and tear or aging of tires that may occur to Customer’s tires during performance of the Services.
Unpaid Charges; Security Interest
In the event there are any unpaid charges, Customer grants CTS a security interest in Customer’s tires to secure the payment of the charges incurred by Customer. Any items which have not been claimed and paid for within ten (10) days after the date of completion of the service year will be considered abandoned by the Customer and may be disposed of at the sole discretion of CTS without any compensation payable to customer.
No Warranties; Limitation of Liability
Cariboo Tire Solution does not make any express or implied warranties including, but not limited to, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. In no event will CTS, its contractors, employees, officers, directors, affiliates, or suppliers be liable for any damages, costs, and/or expenses whatsoever, including without limitation, damages, costs, and/or expenses for any personal injury, death, inconvenience, loss of revenue or profits, business interruption, or other pecuniary loss, or incidental, consequential, or indirect damages, costs, and/or expenses arising from the services or lack of services, even if CTS or any authorized representative has been advised of the possibility of such damages, costs, and/or expenses. To the extent CTS becomes liable notwithstanding the other provisions of this agreement, CTS’s maximum liability for damages shall be limited to the unused pro rata portion of payments received by CTS for the services for the then service year.
Customer’s Representation and Indemnification
Customer represents and warrants to CTS that Customer is the owner of, and/or has the right to be in possession of, all tires furnished to CTS; and Customer will defend, at its expense, indemnify, and hold harmless CTS against any damages and expenses that may occur (including reasonable attorneys’ fees), and pay any costs, damages, expenses, or attorneys’ fees awarded against CTS, resulting from Customer’s breach of this section or delivery of tires to Customer or any other party as requested by Customer. Customer represents and warrants the tires delivered to CTS are and will continue to be free and clear of any liens, encumbrances, and other parties’ rights.
Uncontrollable Circumstances
Either party’s performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or make impractical by: (a) the acts or omissions of the other party or any third party; (b) weather, flood, fire, strike, war, riot, traffic congestion or road construction, mechanical breakdown, electrical shortage or blackout; (c) unavailability of the internet or phone or fax resulting in an inability to communicate with CTS or Customer; (d) any other cause (whether or not similar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such event(s) can be made.
