Goodyear Smart Fleet Application

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GOODYEAR NORTH AMERICA
CONDITIONS OF SALE FOR PURCHASES THROUGH THE SMART FLEET PROGRAM


1. SMART FLEET PROGRAM SCOPE

The Goodyear Tire & Rubber Company (“Goodyear”) establishes the Smart Fleet Program (“Program”) to allow individual fleets and their divisions and/or subsidiaries (“Customer”) another avenue to purchase Goodyear branded products (“Products”) and services (“Service”). Products purchased through the Program shall be installed on equipment that is directly owned or controlled by Customer and its divisions and/or subsidiaries. Products purchased by the Customer shall not be resold. A Customer shall not be composed of independent entities or individuals (i.e., buying groups) whose purpose for association is to make purchases. Customer understands that any deviation from the above could be grounds for immediate termination of the Program.

2. DELIVERY TERMS AND CONDITIONS

Since delivery of Products is made directly by the Authorized Goodyear Dealer (“Dealer”) who accepts the order of the Customer, Goodyear shall not be liable for any loss suffered or costs incurred by the Customer resulting, directly or indirectly, from failure or delay in shipment. Goodyear shall use commercially reasonable efforts to provide inventory to the Dealer in adequate amount to fill the order of Customer. Goodyear shall not be liable for any losses or costs incurred by Customer resulting, directly or indirectly, from failure or delay in shipment of Goodyear products.

3. PURCHASE TERMS AND CONDITIONS

Purchases under the Program must be made via a valid credit card. No separate credit limits will be extended by Goodyear to the Customer for purchases under the Program. Customer has the obligation to ensure sufficient funds are available in the credit card account used for purchases. Prices for Products and Services under the Program shall be those Goodyear has put in effect at time of purchase. If Customer claims an exemption from any federal, state or local tax or environmental fee imposed on the sale or use of products sold under this agreement, an exemption certificate for the tax or fee must be on file with Goodyear prior to any purchases. Failure to have the exemption certificate on file at the time of sale releases Goodyear from any obligation to refund the tax or to support Customer in seeking a refund. Should Goodyear agree to refund the tax or support Customer in seeking a refund on sales prior to Goodyear having the exemption certificate on file, Goodyear may impose a 25% service charge to cover its administrative costs. Customer’s failure to make payment in accordance with the terms of any invoice will constitute a material breach of the Program. In the event Customer is delinquent in payment, Goodyear shall have the right, without limitation on any other remedy otherwise available to it, to refuse shipment of any further Goodyear products to Customer and/or to declare the entire sum of Customer’s indebtedness immediately due and payable. In addition to any right of setoff or recoupment provided by law, Goodyear shall have the right to apply any amounts owed by Goodyear (or any person or entity affiliated with Goodyear) to Customer (or any person or entity affiliated with Customer) in reduction of any amounts due Goodyear.

4. AFTER-HOURS

Tires purchases under the Goodyear Smart Fleet Program after-hours (other than 8:00AM - 5:00PM in your local time zone) are limited to two tires or retreads. Goodyear Smart Fleet pricing for tires, retreads and services apply for after-hour transactions. Additional charges (time and gas) associated with the completion of the after hours service call will be added, according to each Goodyear authorized dealer’s discretion. Any transaction of more than two tires is not governed by the Goodyear Smart Fleet program and constitutes an independent transaction between the fleet and the dealer.

5. WARRANTY

Products sold to Smart Fleet Customer are subject to Goodyear’s applicable standard Limited Warranty. All Product returns will be governed by this Warranty.

6.FINANCIAL AND OPERATING INFORMATION

If Customer wishes to avail itself of the Program for its divisions and/or subsidiaries, Customer agrees to accept billing directly and provide a list of such divisions and/or subsidiaries to Goodyear at the time of its application to the Program and thereafter in the event of any additions or deletions. Customer will be invoiced and shall be responsible for all such purchases on behalf of its subsidiaries and divisions, unless Goodyear determines in its absolute discretion to extend credit to such entities.

As a condition of the Program, Customer agrees to:

  • Provide prompt notice in writing to Goodyear of any substantial change in the ownership or management of Customer and its subsidiaries and/or divisions.
  • Provide at the time of application a list of locations that may order products and thereafter send to Goodyear Customer Service Department annually or as significant changes occur.
  • Provide Goodyear with any additions or deletions of billing and/or shipping locations within 60 days of change.

7. CONSTRUCTION, MODIFICATION, AND TERMINATION OF PROGRAM

Program shall be governed and construed in accordance with the law of the State of Ohio without regard to any conflict of laws provision. Either Party may terminate the Program at any time for any reason by notifying the other Party in writing. However, Customer shall accept and pay for all Goodyear products delivered or invoiced to Customer before Goodyear receives or issues a written notice of termination. The Program, as it may be revised by Goodyear from time to time at its sole discretion, shall apply to any purchases made by the Customer pursuant to the Program or any published revision in effect at the time of the purchase, all of which cumulatively constitute the complete agreement of Goodyear Customer. Any attempt by Customer to vary in any way from the Program is expressly rejected by Goodyear. The terms and conditions contained in the Program only shall control. The specifications for tires and/or the prices of tires and services charged therefore, as offered under the Program are subject to change at any time at Goodyear’s sole discretion.

8. REQUIREMENTS

To be eligible to make any purchases under the Program, Customer must present a valid credit card and a Program membership card at the time of the Purchase.

9. AUTHORIZED SIGNATURE REQUIRED

Authorized signature of the Customer constitutes a representation by the Customer of the truth and accuracy of all statements on this Application and its express agreement to abide by the Program.

By completing this Application for the Program, and signing or electronically signing below, you agree to abide by the Program and certify that all information in the application is true and accurate. By signing or electronically below, you also agree to create a binding agreement entered into between you, the Customer, or its duly authorized representative, and GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, having a place of business at 200 Innovation Way, Akron, OH. When you indicate your acceptance of this Program - by selecting "YES" at the bottom of this document or by submitting a signed hard copy - You are agreeing that you have read and consent to be bound by the Program. You acknowledge that immediately upon selecting "YES" below or affixing your signature below, you will create a valid and enforceable written agreement that shall become effective once accepted and signed or electronically signed by Goodyear.

IN WITNESS WHEREOF, the Customer hereto have duly executed this Goodyear Smart Fleet Application, this day of ________

EQUAL CREDIT OPPORTUNITY ACT (ECOA)

The Equal Credit Opportunity Act prohibits credit grantors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, martial status or age provided the applicant has the capacity to contract. The Federal Trade Commission administers compliance with ECOA.