BY SUBMITTING A PREORDER AND PAYING A DEPOSIT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
These Preorder Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Buyer”) and VAU0 LLC, a New Mexico limited liability company (“VAU0”), governing your participation in the VAU0 Tire Direct container preorder program.
1.1 VAU0 LLC is a New Mexico limited liability company operating a commercial truck tire distribution business with fulfillment operations in Tampa, Florida.
1.2 The Preorder Program allows Buyers to reserve an allocation of commercial truck tires from an incoming ocean freight container shipment by paying a per-unit deposit prior to the container's departure from the country of origin.
1.3 All tires offered through this program are new commercial radial truck tires, size 295/75R22.5, manufactured in Thailand, and are DOT compliant at the time of sale.
2.1 Pricing Phases. The price per tire is determined by the pricing phase active at the time your deposit payment is confirmed by our payment processor:
2.2 Price Lock. Your price is locked at the phase price in effect when your deposit payment is successfully processed. Subsequent phase changes do not affect your locked price.
2.3 Phase Transitions. Transitions may occur automatically based on container status or unit thresholds. VAU0 reserves the right to manually adjust phase pricing upon notice.
3.1 Reservation Deposit. A non-refundable reservation deposit of $25.00 per tire is required at the time of preorder, constituting partial payment toward your total order amount.
3.2 Federal Excise Tax (FET). All tire sales are subject to Federal Excise Tax under Internal Revenue Code Section 4071. The applicable FET rate is 9.45% of the tire sale price. FET is collected by VAU0 LLC and remitted to the IRS. FET applies regardless of Buyer's resale certificate status. FET is not a state tax and is not waived by exemption certificates issued under state law.
3.3 Sales Tax. VAU0 LLC does not collect Florida state sales tax at checkout. Buyers who are end consumers may be responsible for self-reporting and remitting applicable state use tax. Buyers holding a valid Florida Resale Certificate (Form DR-13) are exempt from FL sales tax and must retain their certificate. VAU0 LLC assumes no liability for Buyer's sales tax obligations.
3.4 Remaining Balance. After VAU0 places the supplier order, the remaining balance (total price including FET, minus deposit) is due within seven (7) calendar days of VAU0's notification that the supplier order has been placed (“Balance Due Date”).
3.5 Payment Methods. VAU0 accepts credit card, debit card, Apple Pay, and Google Pay. All payments are processed by Stripe, Inc. VAU0 does not store payment card information. Stripe's terms govern the processing of your payment data.
3.6 Grace Period. VAU0 may, in its sole discretion, grant a written extension of the Balance Due Date upon request to office@vau0.com prior to the Balance Due Date.
4.1 Cancellation Prior to Supplier Order. Buyer may cancel and receive a full refund of the deposit at any time before VAU0 places the supplier order. To cancel, submit a request through vau0.com/tires/account or email office@vau0.com with your order number.
4.2 Non-Refundable After Supplier Order. Once VAU0 places the supplier order, the deposit becomes non-refundable under any circumstances, including:
4.3 Forfeiture Upon Non-Payment. Failure to pay the remaining balance by the Balance Due Date results in order cancellation and permanent forfeiture of the deposit. VAU0 will send written notice of forfeiture to Buyer's registered email.
4.4 Refund Processing. Approved refunds are processed to the original payment method via Stripe within five (5) to ten (10) business days.
5.1 Estimates Only. All container departure dates, estimated times of arrival, and delivery timelines are estimates only and are not contractual guarantees.
5.2 Force Majeure. VAU0 shall not be liable for delays caused by events beyond its reasonable control, including acts of God, pandemics, labor disputes, port congestion, customs delays, regulatory changes, carrier failures, or government actions.
5.3 Communication of Delays. VAU0 will communicate material changes to container status via email. It is Buyer's responsibility to maintain a current email address.
5.4 No Consequential Damages for Delay. VAU0 shall not be liable for indirect, incidental, or consequential damages arising from delays, including lost profits or costs associated with alternative procurement.
6.1 Tampa, Florida Pickup Only. This program is limited to in-person pickup at VAU0's Tampa, Florida location. VAU0 does not offer shipping or delivery services.
6.2 Appointment Required. Buyer must schedule a pickup appointment through the account portal after VAU0 notifies that tires are available. Walk-in pickups are not accepted.
6.3 Required Documentation at Pickup:
6.4 Storage and Abandonment. Tires not picked up within thirty (30) days of the availability notice may incur storage fees of $5.00 per tire per day. Tires not retrieved within sixty (60) days may be deemed abandoned and resold without liability.
7.1 Manufacturer Warranty. The tires are subject to the manufacturer's standard limited warranty. VAU0 LLC is the distributor, not the manufacturer. Warranty claims must be submitted directly to the manufacturer. VAU0 will reasonably assist in facilitating warranty communications.
7.2 DOT Compliance. Tires are DOT compliant at the time of sale. Buyer is responsible for verifying suitability for intended use and compliance with applicable regulations.
7.3 Disclaimer. EXCEPT AS SET FORTH IN SECTION 7.1, VAU0 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.1 To the maximum extent permitted by law, VAU0's total aggregate liability for any claim shall not exceed the total amount paid by Buyer in connection with the specific order giving rise to the claim.
8.2 IN NO EVENT SHALL VAU0 BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA.
9.1 These Terms are governed by the laws of the State of New Mexico, without regard to conflict of law provisions.
9.2 Disputes shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be resolved by binding arbitration under AAA Commercial Arbitration Rules, with proceedings in Bernalillo County, New Mexico.
9.3 Either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.
9.4 TO THE EXTENT PERMITTED BY LAW, BUYER WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
10.1 Entire Agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between the parties and supersede all prior agreements.
10.2 Amendments. VAU0 reserves the right to amend these Terms at any time. Amended Terms will be posted at vau0.com/tires/legal/preorder-terms. Continued use constitutes acceptance.
10.3 Severability. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
10.4 Waiver. Failure to enforce any provision shall not constitute a waiver of VAU0's rights to enforce such provision in the future.