Introduction

Our terms and conditions apply to your use of our website and any products therein. By accessing the website, purchasing our products or fitting our products, you agree to be bound by these terms and conditions, the Privacy Policy and any other relevant terms and conditions, policies or notices which may be applicable to a specific section of this website.

Modification of the terms

Except that you must be informed in a reasonable manner regarding any pricing increase, AlloyGator North America may at its sole discretion change these terms and conditions at any time. Other terms and conditions are only valid when signed by an authorized AlloyGator North America officer.

Limitation of liability

While we use our reasonable endeavours to verify the accuracy of any information we place on our website, we make no warranties, whether expressed or implied in relation to its accuracy. The website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty or representation of any kind, whether expressed or implied, in relation to the website, or products or services offered on the website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the website or products or services offered on the website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available or products or services offered on the website whether by us or on our behalf are accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our website.

Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under the laws of Canada. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the website through a third party’s hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website or products or services offered on the website whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied.

Product Disclaimer

The AlloyGator alloy wheel rim protector, when properly fitted in accordance with the “AlloyGator Fitting Instructions” and used in normal driving conditions, is designed to help prevent and reduce damage to your car’s alloy wheels caused by curbing. Due to the variable nature of alloy wheels and the road environment, AlloyGator Limited gives no guarantee that the AlloyGator alloy wheel rim protector will prevent damage caused to an alloy wheel by collision with a curb or any other object.

AlloyGator Limited accepts no responsibility for any damage to your property caused by any AlloyGator alloy rim wheel protector that fails to prevent or reduce the impact made by a collision with a curb or other object or for other damage caused to your vehicle due to an AlloyGator alloy wheel rim protector that is not properly fitted and/or cared for. Nothing in this disclaimer excludes liability for death or personal injury caused by the negligence of AlloyGator Limited or its employees.

The AlloyGator alloy wheel rim protectors should be used and cared for in accordance with your alloy wheel manufacturer’s guidelines. Cleaning agents containing acid may discolour the AlloyGator and should be avoided.

The AlloyGator alloy wheel rim protectors are not recommended for machine polished or diamond cut alloy wheels. Although fitting the product will provide superior protection against curb damage, due to existing imperfections in the lacquered wheel surface our product may increase the risk of moisture retention and accelerate wheel degradation. AlloyGator Limited accepts no liability if the product when fitted causes such damage.

The AlloyGator alloy wheel rim protectors are not recommended for alloy wheels fitted to motor bikes, scooters or similar vehicles under any circumstances.

The AlloyGator alloy wheel rim protectors are not recommended for vehicles over 2500kg or 5500lbs as GVW (Gross Vehicle Weight).

Severances

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

Applicable laws

The Conditions will be exclusively governed by and construed in accordance with the laws of Canada and/or USA whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions in accordance with the laws of the relevant jurisdiction.

A contract of sale shall be deemed to exist between AlloyGator North America and you when you receive a confirmation of order from us or an invoice. You must check that the order details, invoice and delivery address are correct and notify us immediately of any discrepancies and failure to do so will be treated as silent acquiescence. We advise that you print a copy of this confirmation for your own records.

Order cancellation, returning goods and refunds

You can abandon or remove items from your shopping cart at any stage of your visit to the website up until the point of placing the order. You have the right under relevant consumer regulations to cancel your order with us anytime up to 30 days from the date you take physical possession of the goods and any payment made will be refunded. All refunds will be processed within fourteen days of our warehouse receiving your Goods and will include a refund of our standard outgoing delivery charge, if applicable to your original order. If you wish, you may cancel your order by sending us an email at info@alloygator.ca with your order number, name and address to cancel and you may return goods at your own cost within 7 working days of your cancellation notification. Where Goods are to be returned, you must return the Goods in good condition, unused and with their original packaging. We reserve the right to reduce a refund on any Goods that are incomplete, damaged or soiled up to a value of 100% of the price. Please include with any return of Goods the original order form or a copy of your original invoice so that AlloyGator can identify your Order. Should you fail to return the Goods to the return address provided, AlloyGator will not be held responsible for any delays to refunds. The cost of returning goods will be your responsibility unless (i) the product received is incorrect, or (ii) deemed damaged or faulty – photographic evidence will be required. We can also arrange collection on your behalf should you wish, but the costs involved with doing so will be deducted from your refund. For security purposes all refunds are made using the same payment method that accepted your original payment.

Delivery

We aim to dispatch goods within 3 working days of completion of payment processes for orders paid by credit/debit card. We will dispatch fully paid orders via the delivery method selected however we accept no responsibility for loss, damage or late delivery through no fault of our own.

In certain cases it may be possible to claim compensation for lost items, however we need to be notified within 14 days that the product has not arrived else we will not be able to claim and you may lose the money spent on that lost item. In exceptional circumstances where we find we are at fault i.e. lost order (not product) we will send the item and refund all postage costs. The following applies to goods ordered over the value of $200 or of a large nature; items below this value will generally be dispatched via the carrier.

All goods are delivered via carrier service, between 8:30am and 5:30pm Monday – Friday, and require a signature upon receipt and the following applies:

Canada / USA Mainland – Delivery is made by carrier and will arrive within 5 – 7 business days. if you cannot arrange for someone to be available to sign for the goods, please contact the carrier as notified on the tracking email supplied to you to let them know of alternative arrangements.

Canada / USA off shore – As above except delivery may take longer due to overall distance. Please refer to your tracking number provided for ETA.

Delivery charges: These items are priced on a flat rate based on 1 set of AlloyGators, however AlloyGator North America reserves the right to make changes to shipping costs to the end user if distance and / or bulk orders make it so. You will be notified of such conditions, should they arise, within 5 days of ordering.

Faulty/Damaged Goods

You must take responsibility for checking over the goods and unpacking whilst the delivery driver waits if necessary. In the unlikely event that the goods received are faulty or damaged, you must sign for the goods as damaged. If you sign to say that they are received in good condition we must assume that they were in good condition when delivered or you have confirmed acceptance of the goods in this damaged condition and we will not be able to rectify any fault howsoever caused or make any payments of compensation. You must notify us within 24 working hours of delivery by email or telephone or else a damage claim may not be possible. Depending upon the extent of the fault / damage, you may be sent a replacement you will be asked to return the goods in their original packaging (where possible) to our address (see our contact page). In the event that you are asked to return the goods, you will be offered a refund or replacement, providing there is no evidence of misuse.

Warranty

We offer a 24-month warranty (from time of delivery) on all our accessory products, this warranty provides new or replacement parts free if the product breaks down due to faulty manufacture or in normal use.

The warranty does not cover:

Inappropriate use, incorrect operation or a fault created through incorrect fitting- (e.g. The warranty does not cover impact damage, hazardous liquid damage, exposure to extreme heat/cold or other damage caused by acts of God or incorrect fitment) or Vandalism – Damage caused by others.

Retention of title

The legal and equitable title to the goods supplied under the contract (in this condition referred to as “the contract goods” which expression includes any of them) will not pass to the Buyer until the price for the contract goods has been paid in full and, until such payment, the Buyer will hold them in a fiduciary capacity as bailee for the Company.

The Buyer shall be entitled to dispose of the goods for the account of the Company (but so that any warranties, conditions or representations given or made by the Buyer to his customer shall not bind the Company which shall be indemnified by the Buyer in respect thereof) and to pass good title to the goods to any customer which is a bona fide purchaser for value without notice of the Company’s rights.

Where the contract goods are resold by the Buyer and at the time of such resale the property in such goods has not passed to the Buyer then the proceeds of such resale will be held by the Buyer in a fiduciary capacity on trust for the Company and the Buyer will account to the Company for the same to the extent necessary to pay the price for the contract goods and the Company shall have the additional right to recover in the name of the Buyer (for which purpose the Company is hereby appointed the Buyer’s attorney) any price payable to the Buyer by his customer but if it shall exercise such right the Company shall account to the Buyer for the balance of the amounts recovered after recouping all debts due to the Company from the Buyer and the costs of such recovery.

The Buyer shall so long as the Company is entitled to the property in the contract, store the contract goods so that they are identifiable as the property of the Company.

Without prejudice and generality to the foregoing and to any of the Company’s other rights (whether to damages or under contract or otherwise howsoever) the Company may at any time after the price for the contract goods has become due and remains unpaid rescind the contract and/or recover any contract goods which are still the property of the Company. By entering into this contract the Buyer hereby authorizes the Company’s servants and agents to enter into any premises of the Buyer for that purpose.

Charges and payment terms

You will pay us the charges as specified in the order or as subsequently notified to you.
You will pay our invoices immediately on receipt, unless otherwise agreed in writing.
All charges are stated exclusive of tax and other potential fees (IE. Shipping). You will be responsible for paying the applicable taxes which will be included in our invoices at the applicable rate(s).

Where credit terms are provided and payment is not received within agreed terms, AlloyGator North America reserves the right to go to collections for payment and other fees as incurred due to late or incomplete payments, at the rate of 8% over base plus compensation at the appropriate level.

Pictures and images

Pictures and images throughout this site are used for illustration purposes only, from time to time product packaging may vary slightly, however the item you receive will have the same monetary value as the item you ordered. Every effort is made to keep our website constantly updated.

Comments or questions

If you have any questions, comments or concerns arising from the website, our products or any relevant terms and conditions or the way we are handling your personal information please contact us at info@alloygator.ca

Errors and Omissions Excluded. This DOES NOT affect your statutory rights in any way.

Aftercare and Maintenance

Failure to properly maintain your AlloyGators particularly after any impact could in some circumstances result in the product coming loose. Should you fail to maintain the product or address any damage caused by impact of any kind, any resulting damage will expressly be the responsibility of the customer. Use of any acid-based products, particularly cleaning agents, can cause damage to the profile. Warnings against the use of these products are located in our Terms and Conditions, the product fitting instructions and also the packaging. Any damage resulting from the use of inappropriate cleaning agents will be the express responsibility of the customer. The AlloyGator product is designed for use in normal driving conditions and up to the legal speed limit. It is not recommended for use on vehicles intended to be driven off-road or under abnormal driving conditions.

Machine Polished Wheels – Our product is not recommended for machine polished or diamond cut alloy wheels. Although fitting the product will provide superior protection against curb damage, if there are existing imperfections in the lacquered wheel surface, it may increase the risk of moisture retention and accelerate wheel lacquer degradation. Providing there is no minute damage to the wheel surface, fitting the AlloyGator wheel rim protectors will not cause damage on its own, however AlloyGator North America accepts no liability if the product when fitted causes such damage. Despite this, we have many customers with machine polished wheels, who choose to use AlloyGators. Many customers prefer to re-lacquer the wheels should the need arise, rather than go to the far more costly and inconvenient trouble of removing the wheels and having them recut and repaired due to the damage caused by curb / pot hole impact with AlloyGator protection.

Cleaning your AlloyGators – when cleaning your vehicle it is very important that you do not use acid based cleaning solutions. This type of product will damage the profile in the same way, that over time, it will damage the surface of your wheels. Many car washes use this chemical for speed and most wheel manufacturers / refurbishers will also recommend that it is avoided.

Upon heavy impacts with potholes and certain angles of curbing it is possible for the profile to be pulled away from the wheel and tire. Although this can look quite dramatic in some cases, the product should have done its job in preventing/lessening any damage sustained to the alloy wheel/tire. It is very important that you do not leave the profile in this condition. Even if several inches of the profile is pulled away from the wheel/tire, it will still be secure, does not require removal and can normally be refitted successfully. If you have fitted the product yourself then follow the instructions below however if you have had the product fitted by one of our trade fitting partners then we would always recommend contacting them to arrange maintenance:

  • If the full profile has been pulled from between the wheel/tire, and the metal clips can be seen on the back then the tire will need to be fully deflated, or;
  • If the metal clips cannot be seen on the back of the profile then generally the profile can be knocked back in without deflating the tire although letting some air out will help.
  • Hit the profile ideally using a 2lb “dead blow” hammer on the outer edge of the affected area Water or a water & car wash liquid solution will aid fitting.

All sets of AlloyGator come with Care and Advice guides.
AlloyGatorusa.com and Alloygator.ca also have sections of After Care and Maintenance with a downloadable PDF to be printed if you wish.