Terms & Conditions
GENERAL TERMS AND CONDITIONS
Except as otherwise provided in a written agreement signed by Giti Tire Australia, these Terms of Use represent the entire understanding between you and Giti Tire Australia and your use of www.giti.com.au (the “Site”) and your submission of any materials to us.
Giti Tire Australia reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Policies, your sole and exclusive remedy is to discontinue your use of the Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
GENERAL DISCLAIMER
Without limiting the foregoing, Giti Tire Australia does not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Giti Tire Australia does not warrant or make any representations regarding the use of the materials on the Site or the service described therein.
LIMITATION OF LIABILITY
The use of the information on this Site is at your own risk. In no event shall Giti Tire Australia, its directors, employees, shareholders, distributors and other representatives be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, loss of data, arising out of or relating to the Site, the operation of the Site, any application or information submitted to us through the site, and/or the services described therein, even if Giti Tire Australia is expressly advised of the possibility of such damages.
LINKS
The Site may contain links to other websites on the internet that are owned and operated by someone other than Giti Tire Australia. Giti Tire Australia provides these links solely as a convenience. The appearance of a link does not imply Giti Tire Australia endorsement, nor is Giti Tire Australia responsible for the content of any linked site. You access linked sites at your own risk.
GENERAL PROPRIETARY RIGHTS
The Site is owned by Giti Tire Australia and contains material that is derived in whole or in part from Giti Tire Australia and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in anyway any material from the Site, including without limitation code or software, without Giti Tire Australia express written permission.
COPYRIGHT
All copyright in this website design, text, code, graphics, interfaces, and arrangements thereof, and all software relating to this website belongs to or is licensed by Giti Tire Australia and is protected by Australian and international copyright laws.
Prior permission to use, reproduce or reprint any photograph, illustration, artwork, text copy or other material on the site must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the site is a violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
TRADE MARK STATEMENT
All trademarks, service marks, trade names and branding on this website belongs to their respective owners including without limitation Giti Tire Australia. Giti Tire Australia does not give you any licence or right to use them.
APPLICABLE LAW
Giti Tire Australia operates the Site from Brisbane, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.
DISPUTES
You agree that any action at law or equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these terms of use may be brought by either party more than one year after the cause of action has accrued.
TERMINATION
These Terms of Use shall remain in force until terminated by Giti Tire Australia. Giti Tire Australia may terminate these Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct Giti Tire Australia, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
LIMITATION ON USE OF AUTOMATED TOOLS
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using this Site and/or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us and/or our dealers electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
INTERNATIONAL USE
The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only.
MISCELLANEOUS
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
NOTICE OF POTENTIAL INFRINGEMENT
To notify Giti Tire Australia of any suspected infringement, please contact us via our contact form.
Triple Guarantee Terms & Conditions
*Giti Tire Australia / National Tyre & Wheel Pty Ltd (NTAW) herby guarantees that every Giti radial truck tyre is free from manufacturing defects until the original useable tread has 2mm remaining.
1. Free Replacement Guarantee
If a manufacturing defect is found in any new Giti radial truck tyre within the first 50% of tread wear, (calculated by subtracting one half the difference between the original new tyre tread depth and 2mm from the original new tyre tread depth), NTAW will replace the Giti radial truck tyre or refund the original purchase price in accordance with the following conditions:
(a) Any Giti radial truck tyre subject to a warranty claim under this Guarantee together with proof of original purchase must be presented to an authorised Giti dealer or NTAW for inspection.
(b) Upon acknowledgment by the dealer or NTAW of a manufacturing fault, the tyre will be replaced free of charge with a comparable new Giti radial truck tyre.
(c) There may be instances when the subject tyre has already been replaced because of operational requirements in which case a refund of the purchase price of the subject tyre can be requested.
(d) This Guarantee is limited to the original purchaser and the original vehicle on which the subject tyre is mounted and is not transferable.
In the event the dealer determines the tyre is not subject to this guarantee, the tyre can be sent to NTAW for inspection, in which case the owner of the tyre must pay all freight charges. If NTAW accepts the tyre as a legitimate claim, the freight charges will be refunded.
2. General Guarantee
If a manufacturing defect is found in any new Giti radial truck tyre, after the first 50% of tread wear of the original useable tread has worn out and above 2mm, a credit will be given toward the purchase of a comparable new Giti tyre on a pro-rata basis once the subject tyre has been inspected and approved by NTAW.
3. Casing Guarantee
(a) If an examination by NTAW shows that a casing of a Giti radial truck tyre failed due to a manufacturing defect, Tyres4U will give a credit toward the purchase price of a comparable new Giti tyre in a like-for-like size to that which was damaged. The value or the credit will be determined by NTAW based on reasonable market price.
(b) NTAW reserves the right to reject any Giti casing claim when, in their opinion, the casing has been retreaded more than twice, whether or not it has been recorded.
Exclusions
A) These Limited Guarantees are applicable only in Australia.
B) The following is not covered by the Limited Guarantees:
1) Tyre branded or marked “NonAdjustable (N/A) or “Blemished” (Blem)”, or previously adjusted.
2) Failure, damage or irregular wear due to:
a) Road hazards (i.e. puncture, cut, snag, impact breaks, etc.), accident, collision, incorrect air pressure, fire, accident or vandalism, improper misalignment, wheel imbalance, faulty shocks or brakes or poor mechanical condition of vehicle.
b) Misapplication of tyre, use of improper inner tube, alteration of the tyre or addition of foreign material.
c) Giti radial truck tyre failed due to faulty retreading or material.
3) Cost of mounting and balancing service.
4) Loss of time or use, inconvenience, or any incidental or consequential damages (in each case as determined by NTAW).
C) Adjustment on out-of-balance or out-of-round tyres is allowed only during the first 2mm of the original tread.
D) Only tyres manufactured after 1 October, 1999, are covered by these Guarantees.
E) Above Guarantees are valid only for five (5) years after date of manufacture.
Owner Obligations
In order to be eligible for Giti Limited Guarantee service the owner must:
A) on original purchase, complete and post a Giti Guarantee Form, which is available at any authorised dealer;
and
B) present the subject tyre to an authorised Giti dealer for inspection with satisfactory proof of original purchase.
