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STANDARD TERMS AND CONDITIONS OF SALE

Last Updated: January 25, 2026


1. Definitions and Applicability

1.1. “Company” refers to Elite Rubber, LLC, an Illinois limited liability company, with its principal place of business at 83 Paragon Dr, Romeoville, IL 60446. 

1.2. “Customer” refers to any individual, business, fleet, or entity purchasing Goods from the Company. 

1.3. “Goods” refers to new commercial tires (TBR, LT, ST), retreaded tires, casings, wheels, or related accessories. 

1.4. These Terms and Conditions (“Terms”) govern all sales. By placing an order via our Website, phone, or email, the Customer accepts these Terms in full.


2. Pricing and Taxes (FET)

2.1. Currency: All prices are quoted in U.S. Dollars (USD). 

2.2. Federal Excise Tax (FET): Unless explicitly marked as "FET Included," prices for commercial truck tires do not include Federal Excise Tax. Applicable FET will be added as a separate line item at checkout or on the final invoice. 

2.3. Sales Tax: The Customer is responsible for all applicable state and local sales taxes. Tax-exempt Customers (e.g., Resellers or Government entities) must provide a valid Sales Tax Exemption Certificate prior to ordering.


3. Orders, Shipping, and Delivery

3.1. Acceptance: All orders are subject to acceptance by Elite Rubber. We reserve the right to cancel orders due to pricing errors or stock shortages. 

3.2. Delivery & Risk of Loss:

  • FOB Origin: Title and risk of loss pass to the Customer once the Goods are transferred to the carrier.
  • Delivery Estimates: Delivery dates are estimates only. Elite Rubber is not liable for downtime, loss of revenue, or service delays caused by carrier disruptions or Force Majeure events. 

3.3. Inspection Required (Critical):

  • The Customer must inspect all shipments immediately upon arrival.
  • Any shortages or visible damage MUST be noted on the carrier’s Bill of Lading (BOL) or Delivery Receipt before the driver leaves.
  • Failure to note damage/shortage on the BOL constitutes acceptance of the shipment "AS IS" and may result in the denial of freight claims. 

3.4. Refused Shipments:

  • If a shipment is refused by the Customer for any reason other than a Company error (e.g., wrong product shipped), the Customer will be responsible for outbound freight, return freight, and a 20% restocking fee.


4. Returns and Exchanges

4.1. The "Mounted is Used" Rule:

  • STRICT POLICY: Once a tire has been mounted on a wheel, it is considered USED and cannot be returned for credit, exchange, or refund, regardless of mileage driven.
  • The Customer is responsible for verifying the tire size, load range, and tread pattern matches their vehicle requirements BEFORE mounting. 

4.2. Return Window: Unmounted, unused Goods may be returned within 14 days of delivery. 

4.3. Return Authorization (RMA): No returns will be accepted without a prior Return Merchandise Authorization (RMA) number issued by Elite Rubber. 

4.4. Restocking Fee: All approved returns of non-defective Goods are subject to a 20% restocking fee. 

4.5. Return Freight: The Customer is responsible for all return shipping costs unless the return is due to a Company shipping error.


5. Limited Warranty Policy (New Tires)

5.1. . Incorporation of Warranty Terms: All Goods sold are subject to the specific "Elite Rubber Limited Warranty" in effect at the time of purchase. The full text of this warranty, including coverage periods, specific mileage guarantees, and claim procedures, is available at www.eliterubber.net/warranty and is incorporated herein by reference.

5.2. Standard Manufacturer Warranty (Defects):

  • Elite Rubber tires are warranted against defects in materials and workmanship for 5 years from the date of manufacture.
  • Replacement: If a defect is confirmed within the first 10% of tread wear, the tire will be replaced at no cost (excluding mounting/balancing/taxes).
  • Proration: After the first 10% of wear, a pro-rated credit will be issued based on remaining usable tread depth.

5.3. Mileage Guarantees (TBR): Mileage coverage applies only when tires are used in their intended application (e.g., Line Haul vs. Mixed Service) and properly maintained.

  • Taikyu Eco Drive: 150,000 Miles.

  • Taikyu Eco All-Position: 100,000 Miles.

  • Taikyu Prime Drive: 250,000 Miles.

  • Comforser (Non-UHP, non-Commercial): 50,000 Miles.

  • Exclusions: Mileage warranties DO NOT apply to refuse, construction, mixed on/off-road, or severe stop-and-go applications.

5.4. Road Hazard Protection (Comforser ONLY):

  • Road Hazard protection is available exclusively for Comforser Passenger and Taikyu ST Trailer tires.

  • Commercial Exclusion: Road Hazard coverage DOES NOT APPLY to any Taikyu TBR, Commercial LT (17.5"/19.5"), or any tire used in commercial fleet service.

  • Limit: Road Hazard claims are limited to the first 2/32" of original tread wear.

5.5. Ride Disturbance Claims:

  • Claims regarding ride disturbance, vibration, or out-of-round conditions must be made within the first 1/32" of tread wear.

  • Tires worn beyond 1/32" are deemed accepted by the Customer and are not eligible for ride-related adjustments.


6. Warranty Exclusions & Owner Responsibilities

6.1. General Exclusions: The warranty does not cover damage or irregular wear caused by:

  • Underinflation/Overinflation: Operation outside manufacturer specifications.

  • Mechanical Irregularities: Misalignment, worn suspension, or bent wheels.

  • Improper Mounting: Damage to the bead or liner during installation.

  • Modifications: Altered branding, removed DOT numbers, or unauthorized repairs.

6.2. Maintenance Records: To validate a mileage or warranty claim, the Customer must retain and provide:

  • Original proof of purchase.

  • Verifiable records of installation and rotation (every 10k-15k miles for TBR).

  • Photos of the DOT number and remaining tread depth.

6.3. Claims Process:

  • Direct Purchases: Customers must file a claim via the "Warranty Claim Form" on the Elite Rubber website.

  • Dealer Purchases: Claims must be processed through the authorized dealer where the tire was originally purchased.

  • Shipping for Inspection: Elite Rubber reserves the right to request the physical return of a tire for inspection. The Customer is responsible for shipping costs unless the claim is approved.


7. Limitation of Liability

7.1. To the maximum extent permitted by law, Elite Rubber, LLC shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to:

  • Loss of profits or revenue.

  • Vehicle downtime or rental costs.

  • Loss of cargo or freight.

  • Towing or roadside assistance fees. 

7.2. The Company’s total liability for any claim shall not exceed the specific purchase price of the Goods giving rise to the claim.


8. Indemnification

The Customer agrees to indemnify and hold harmless Elite Rubber, LLC, its officers, and employees from any claims, liabilities, damages, or costs arising from the Customer's improper installation, misuse, overloading, or modification of the Goods.


9. Governing Law and Dispute Resolution

9.1. Jurisdiction: These Terms are governed by the laws of the State of Illinois. Any legal action or proceeding relating to these Terms shall be instituted exclusively in the state or federal courts located in Will County, Illinois. 

9.2. Attorney Fees: In the event of litigation or collection actions to recover unpaid debts, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs.


10. Contact Information

For warranty claims, returns, or questions regarding these Terms, please contact us:

Elite Rubber, LLC 

83 Paragon Dr Romeoville, IL 60446 

Phone: (833) 847-3110