TERMS AND CONDITION

Please read these Terms & Conditions (“Terms”, “Terms and Conditions”) carefully before ordering from
the https://sorsoltd.com/ website (the “Service”, “Seller”) operated by SORSO AUTO TIRES LTD (“us”, “we”, or “our”).
You (“Buyer”), your access to and use of the Service is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
(collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors
and assigns.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any
part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may
be asked to supply certain information relevant to your Purchase including, without limitation, your Name,
Address, Company Name, Phone Number and E-mail.
Payment Terms. All payments are due net thirty (30) days from the invoice date unless otherwise specified
by Seller. Amounts unpaid after such date shall bear interest from the date of the invoice at a rate of 3%
percent per day. Seller shall be entitled to reimbursement from Buyer for all costs and fees, including
reasonable attorneys’ fees, incurred by Seller in the collection of any overdue amounts.
Seller may suspend its performance until any overdue payment is made or Seller receives assurances,
adequate in Seller’s opinion, that the payment will be promptly made. In the event of such suspension of
performance by Seller, there will be an equitable adjustment made to the remaining delivery schedule and
order pricing to reflect the duration and cost resulting from such suspension.
Buyer shall not withhold payment of any amounts due and payable because of any set-off of any claim or
dispute with Seller, whether relating to Seller’s breach, bankruptcy, or otherwise. Suppose Buyer disputes
any invoice or portion thereof. In that case, it shall notify Seller in writing within 3 days of receipt of said
invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges, not timely disputed
in writing shall be deemed to be undisputed and shall be due and payable as set forth above.
Buyer may only suspend the order upon Seller’s written consent. In the event of such Buyer suspension,
the delivery time will be changed, taking into account the suspension, and Buyer will promptly pay Seller
for all costs, including related overhead costs, resulting from such suspension.
Delivery and Shipping Terms. The delivery date(s) quoted are based on the Seller’s best estimate of a
realistic time when delivery will be made and are subject to confirmation at the time of acceptance of any
resulting order. They are also dependent upon prompt receipt by the Seller of all information necessary to
proceed with the work without interruption. Seller reserves the right to make either early shipment or partial
shipments and invoice Buyer accordingly.
Cancellation of Purchase Order. Buyer may cancel its order only with the prior written consent of Seller.
All cancelations will be subject to payment to Seller of reasonable and proper cancelation charges.
Rejection of Goods and Refund Policy. A rejection of the Goods for nonconformity shall not be effective
unless it is made, and written notice thereof is given to Seller within three days of receipt of the Goods
(hereinafter called “Notification of Inspection Result”.) Buyer shall deliver at their expense the rejected
Goods to Seller at the location specified by Seller. If any Goods are deemed defective, the Buyer may bill
Seller for the costs arising from such return shipment. If the Notification of Inspection Result is not sent to
Seller within three days of receipt of the Goods, it shall be deemed that the Goods had no defect. Seller
shall promptly ship non-defective replacement Goods at its sole expense in exchange for the returned
defective Goods if such returned Goods are reported as having a defect in the Notification of Inspection
Result. Seller reserves the right to inspect the rejected Goods and to determine lack of conformity in its sole
discretion.
No returns of special, custom, or made-to-order Goods will be permitted. Returns for credit are not allowed
without the Seller’s written consent. Credit will be based on the price at the time of the original invoice. All
returns will be assessed a 10% percent restocking fee. The Seller has a refund policy of up to fifty (50) tires
(at sales price).
Seller’s Lien. Until the unpaid contract price and any other amounts payable by Buyer to Seller under the
order acknowledgment are paid in full, Seller shall have a lien on the Goods for the unpaid amounts. Buyer
hereby grants to Seller a security interest in the Goods to secure payment of such amounts.
Taxes and Fees. Unless expressly stated and agreed to in writing by Seller, quoted prices do not include
shipping and handling charges, sales, use, excise, or similar taxes or duties. Buyer shall pay these taxes
directly if the law permits or reimburse Seller if Seller is required to collect and pay them.
Changes in Cost. Any change in insurance premiums, destination, or other shipping charges, including
fluctuations in freight, which may be established after the date of the Seller’s order acceptance, shall be at
the expense of the Buyer.
Limitation of Liability.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS
OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER
ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND
WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS
ESSENTIAL PURPOSE.
IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS
PAID TO SELLER FOR THE GOODS SOLD HEREUNDER OR, AS TO SERVICES, FOR THE
AMOUNTS PAID TO SELLER FOR SERVICES PERFORMED HEREUNDER.
Disclaimer of Warranty. All Goods not manufactured by Seller are sold only with the manufacturer’s
warranties if any. SELLER MAKES NO OTHER WARRANTY CONCERNING THE GOODS, AND
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller
personnel are not authorized to alter this disclaimer of warranty.
Indemnification. Each of Buyer and Seller (as an “Indemnifying Party”) shall indemnify the other Party
(as an “Indemnified Party”) from and against claims brought by a third party, on account of personal injury
or damage to the third Party’s tangible property, to the extent caused by the negligence of the Indemnifying
Party in connection with this Contract. In the event the injury or damage is caused by joint or concurrent
negligence of Buyer and Seller, each Party shall bear the loss or expense in proportion to its degree of
negligence. For purposes of Seller’s indemnity obligation, no part of the Goods is considered third-party
property.
Failure to Take Delivery. If any Goods to be delivered under this Contract cannot be delivered to Buyer
when ready due to any cause attributable to Buyer, the Goods shall be held at Buyer’s sole risk in all respects.
At Buyer’s expense, Seller may thereafter store, insure or otherwise protect such Goods or may resell same
for Buyer’s account. Any amounts otherwise payable to Seller upon delivery or shipment shall be due, and
a fee of 10% percent of the value of the Goods will be charged to Buyer.
Title and Risk of Loss or Damage. Title, risk of loss, or damage shall pass to Buyer when the Goods are
delivered to the destination port designated in the applicable accepted purchase order.
Compliance with Laws. Seller will take reasonable steps to ensure the Goods conform with applicable
laws and regulations; however, Buyer acknowledges that Goods may be used in various jurisdictions for
various applications subject to disparate regulations. Therefore, Seller cannot warrant compliance with all
applicable laws and regulations. Seller disclaims any representation or warranty that the Goods conform to
laws, regulations, ordinances, codes, or standards, except as expressly set forth by Seller in writing. Buyer
shall comply with all applicable laws, regulations, and ordinances related to their Country and shall hold
harmless and indemnify the Seller for any damages caused as a result of breach or non-compliance of the
said laws, regulations, and ordinances.
Non-assignment: The Buyer shall not transfer or assign this agreement without the Seller’s consent. The
Seller may transfer or assign this agreement or subcontract its obligations without the Buyer’s consent.
Confidential Information. All non-public, confidential or proprietary information of Seller, including but
not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business
operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed
orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked,
designated or otherwise identified as “confidential” in connection with this Contract is confidential, solely
for the use of performing this Contract and may not be disclosed or copied unless authorized in advance by
Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials
received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This
Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of
disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
Force Majeure
For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably
avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war,
riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other
industrial action, terrorist acts, confiscation or any other action by government agencies, failure of
manufacturers or suppliers to deliver, bankruptcy or insolvency of manufacturers or suppliers, suspension
of shipping facilities or act or default of carrier.
A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered a breach of this
agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative
measures, and minimal delay all to carry out the terms of this agreement.
Default. If Buyer breaches or is otherwise in default under the order acknowledgment or under any other
contract between the parties hereto, Seller at its sole option may defer delivery of the
Goods until the default is cured, or may treat the default as a repudiation by Buyer of the Order in its
entirety, resell the Goods and hold Buyer liable for such damages as Seller may incur, including
consequential and incidental damages.
Termination:
• Either Party may terminate this agreement upon giving the other Party no less than 7 days’ notice
in writing. If a Party wishes to terminate the Contract with less than these stated days, the other
Party reserves the right to charge costs they have already paid in advance or incurred.
• The termination of this agreement shall not discharge the liabilities accumulated by either Party.
• Any Clauses intended by the Parties or this agreement to survive the termination of this agreement
shall survive the termination of this agreement by whatever cause.
Dispute resolution: Parties agree to settle disputes under this agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation
Court Costs and Attorneys’ Fees. In any action under this agreement, the prevailing Party shall be entitled
to recover costs of court and reasonable attorneys’ fees from the other Party, which fees shall be in addition
to any other relief that may be awarded.
Parties acknowledgments: The Parties acknowledge that they have been provided with the opportunity to
negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they
acknowledge that they have the capacity to contract and enter into this agreement and that further, they
have entered into this agreement freely and voluntarily.
General provisions
• This agreement may be amended only by the written consent of the Parties hereto.
• If any provision is held to be invalid or unenforceable, it shall not affect the validity or
enforceability of any other provision.
• This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or
written agreements or understandings between the Parties concerning the subject matter of this
agreement. The Parties will exercise utmost good faith in this agreement.
• Unless otherwise provided, failure by either Party to enforce any of the terms or conditions of this
agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
• This agreement may be executed in any number of counterparts, each of which shall be an original
and all of which shall together constitute the same instrument.
• The Article and Section headings in this agreement are for convenience, and they form in no part
of this agreement and shall not affect its interpretation.
• Whenever used herein, the singular number shall include the plural, and the plural number shall
include the singular.
• Any references herein to the masculine gender or to the masculine form of any noun, adjective, or
possessive shall be construed to include the feminine or neuter gender and form, and vice versa.
• This agreement shall be governed in all respects by the Laws of Belgium without regard to its
conflict of law provisions. If the Contract includes the sale of Goods and Buyer is outside of Seller’s
Country, the United Nations Convention on Contracts for the International Sale of Goods shall
apply.
• The Parties shall be served through the above-named addresses in writing and delivered in person
or sent by registered or certified mail (return receipt requested) or nationally recognized overnight
delivery service, postage prepaid, or delivered via telecopier or facsimile transmission, and either
Party may change the below addressees by reasonable notice in writing given to the other Party.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is
material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us