HomeMy WebLinkAboutMINUTES - 01062009 - C.13 (12) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY 06, 2009
Claim Against the County, or District Governed by )
the Board of.Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to The copy of this document mailed to
California Government Codes. you is your notice of the action taken
on your claim by the Board of
�6 2II?a Supervisors. (Paragraph IV below),
DEC given Pursuant to Government Code
AMOUNT: $1 049.74 OAf
2008 Section 913 and 915.4. Please note all
COUNTY COUNSEL "Warnings",
CLAIMANT: RICHARD D. ELMARTINEZCALIF.
ATTORNEY: UNMOWN DATE RECEIVED:.
DECEMBER 04, 2008
ADDRESS: 2357 ACACIA DRIVE BY DELIVERY TO CLERK ON; DECEMBER 04, 2008
CONCORD, CA 94520
BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DAVID TWA, Cle
Dated: DECEMBER 04, 2008 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of S ervisors
O This claim complies substantially with Sections 910 and 910.2.
( his Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Boardcannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claim(Section 911.3).
O Other:
Dated: 21-' 7w By: Deputy County Counsel
I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
O Claim was returned as untimely with notice to claimant(Section 911.3).
IV. ARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for.
this date.
Datg4.rs!t ,P,_ ,ZiO, AVID TWA, CLERK, By�` eputy Clerk
WA ING(66v. code section 913)
Subject to certain exceptions,you have only six(6)months from the date this notice was personally served
or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may
seek the advice of an attorney of your choice in.connection with this matter. If you want to consult an
attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18; and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified copy of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Date . o*�JAVID TWA, CLERK, By _ eputy Clerk
This warning doA not apply to claims which
are not subject tothe Ciifornia Tort Claims
Act such as actions in inverse condemnation,
actions for specific us or
injunction, or FederaUCivil Rights claims. The
above list is not exhaustive and legal
consultation is essential.to-understand-all the
separate limitations periods-tha mi ay`apply.
The limitations period within which suit must
be filed may be shorter or longer depending on
the nature of the claim. Consult the specific
statutes and cases applicable to your particular
claim.
The County of Contra Costa does not waive any
of its rights under California Tort Claims Act
nor doffs it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act
w
OFFICE OF THE COUNTY COUNSEL g>✓ L SILVANO B. MARCHESI
COUNTY OF CONTRA COSTA tl '= O+s' COUNTY COUNSEL
Administration Building
651 Pine Street,91h Floor • `._ = SHARON L. ANDERSON
Martinez,California 94553-1229 1* CHIEF ASSISTANT
(925)335-1800 O; +11111 GREGORY C. HARVEY
(925)646-1078 (fax)
VALERIE J. RANCHE
ASSISTANTS
�OSrA COU1z'f�
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
December 23, 2008
}
TO: Richard D. Elmy
2357 Acacia Drive
Concord, CA 94520
RE: CLAIM OF RICHARD D. ELMY
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ ]
I. The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction
which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury, damage
or loss so far as known, or the basis of computation of the amount claimed.
[ ] 6. The claim is not signed by the claimant or by some person on his or her behalf.
Richard D. Elmy
Re: Claim of Richard D. Elmy
December 23, 2008
Page Two
[ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit
your claim on the enclosed form, including all the required information. Gov. Code, § 910.4.
Please be aware that you have only a limited period of time in which to file an amended claim.
See Gov. Code, § 910.6.
[ ] 8. Other:
SILVANO B. MARCHESI
COUNTY COUNSEL
By:
Monika L. Cooper
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664)
I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My
business address is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On
December 23 2008, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing
the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez,
California addressed to Richard D. Elmy, 2357 Acacia Drive, Concord, CA 94520, as set forth above. I am readily
familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing.
Under that practice, it would be deposited with the U.S.Postal Service on that same day with postage thereon fully
prepaid in the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California and the United States of America that
the above is true and correct. Executed on .lem 644, Z 2"Q , at Martinez, California.
Kath een O'Connell
Enclosure
cc: Clerk of the Board of Supervisors (original)
Risk Management
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be presented not later than six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building, 651 Pine Street,Martinez,CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the
name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each.
public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
0 Eso WERNME■SEEM KE■asas■aEaEaa MEaEEMEa■aeMaEu■■aE■■EEEa Eaa SMMM aMEeEEeEEMae■MI
RE: Claim By: Reserved for Clerk's filing stamp
)
Against the County of Contra Costa or )
District)
(Fill in the name) ) Utu 0 '4 2008
CLERK BOi,}1D OF SUPERVISORS
The undersigned claimant hereby makes claim against the County uf 1,n-uuCONTz*WACr0* ove-named
district in the sum of$-J0q J 14 and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
sit /0a @f '1:00 An,
2. Where did the damage or injury occur? (Include city and county)
ZJJr� htAr.-t`A SOK .
3. How did the damage or injury occur? (Give full details;use extra paper if required)
pk,1��x �i� -�ra.�( ems �a.►��ce -����.�- mak/firms. �.--_
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?
Jam" P 4o S-, o,o ,
5 What are the names of county or district officers, servants, or employees causing the
damage or injury?
7
6. 'WL-at damage or injuries do your claim resulted? (Give full extent of injuries or damages
Claimed. Attach two estimates-for auto damage.) Q
a-t Gwriw. of d✓tv-W, f
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) v{ co
8. Names and addresses of witnesses, doctors, and hospitals:
9. List the expenditures you made on account of this accident or injury: 6zM�VC5- INctum
DATE�o TII\IE Zo AMOUNT
a ■■ENMESH Imam EE E means Xmas m E■tEx EEEEmmxmExx Ex EEm Em a Ex■■mEEExE mina ExEx Exm am mm mm E_moxmmxt
) .Gov. Code Sec. 910.2 provides "The claim shall be
) signed by the claimant or by some person on his
behalf."
SEND NOTICES TO: (Attorney) )
Name and address of Attorney )
} ( 1 ' t' ignature)
2 3511 (09 D .
(Address)
Telephone No. ) Telephone No. �2-5'
PUBLIC RECORDS NOTICE:
Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to
public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any
attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to
public disclosure.
..........x.....NNE m Nunn a.......E■l m x■.....E..Susan E m......a x E E..■......a an x Xmas means
NOTICE:
Section 72 of the Penal Code provides:
Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or
to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or
fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
al
September 30,2008
Receipt Standard
B&D Trailer Sales, Inc. 27140
5041 BLUM ROAD III II(IIIIIIIIIIIIII II III
MARTINEZ, CA 94553
(925)370-3950
FAX(925)370-3956
Customer:
ELMY, RICHARD
925-286-3965
CA
Seller
admin
Item Unit Qty Extended
# Type Item / Descri tion Price Ordered Price
1 Misc. SaIE BIG TEX 10LP-- LIC#4JJ8974. $0.00 lea $0.00
2 Sale 7050036-FENDER,9"X72" 14GA TEAR DROP $86.95 Zea $ 173.90
3 Sale 7050064-FENDER BACK FOR 7050036 $46.99 2ea $93.98
4 Sale LAB1 -LABOR RATE $90.00 2.5hr $225.00
5 Sale 190704-8K TW 2.5 SQ TUBE DROP LEG JACK $ 109.99 lea $ 109.99
6 Sale 5350296-MOUNT, 7K JACK 16"SETBACK $29.99 lea $29.99
7 Sale 5350192-SQUARE PLATE JACK MOUNT $ 8.95 lea $8.95
8 Sale LAB1 -LABOR RATE $90.00 lhr $90.00
SubTotal $ 731.81
Sales Tax $ 34.39
TOTAL $ 766.20
Paid $ 0.00
Approval: Date: Balance Due $ 766.20
` Page 1 of 1
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.TOTAL X- IM HEb:EL1N W Pj' 5 fiJ PEFt',211
T?iE t& f t';Tf013 SZT Ft1TN "r_Tii
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All
TOP GCPY-tlr.(c'hAMT,6GTTOM, ;L'Y-CU-T(
I t D 'TRAILER SALES
PTINE r `f V455
tI
FWRK3
7504 ?:.
1?1052°2559
f . fAti
TR TWE: f87RCHA`Z
mm 'sEP.3t3. E'° rr,,:21,50
Tf3TA ?fo .
AP:' 511
h�it�t RICV E��
CA4�M V3ma t�ES PO'EIPf f 4�`S'
aw/6q"','xEkUICE It1;TIIE i#lUlt Ck T4'2
TOTAL X1.411"CRs"40:c MOS T'J E fW
Thi rll.fEf ums ET EftRTN
GARI� R'5 A6kEE?6rf WITH TtE Mol.
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NO REFUNDS ON DEPOSITS
INVOICE OR SPECIAL ORDERS
NATIQ A� IQVR SERVICE
BIG 0 TIRES 65027 5027 Date/Time 11/25/2008 09:00 AM p�{ $��jj��"'3RESE as
1440 A CONCORD AVE. Pd�1��DCNtUST PRESENT COPY
Invoice No. 5027-18858 OF INVOICE FOR ANY WARRANTY
CONCORD, CA 94520 Order No. 18488
(925) 676-1200 Cust No. .<
,027-21034.,
RICHARD ELMY
EPA No. CPLO00064415 BAR No. ARD211298 2357 ACACIA DR
Vehicle 19 LOOSE TRAILER CONCORD, CA 94520
VIN # Phone (925) 686-8402
Engine Unit #
License CA CARRYOUT Odometer 11 Color
Customer Instructions: Save Old Parts NO
None
Part Number Description Empl No. Qty FET Each Extended
---------- -------------------------------5---•-•--- -9'-I--T,If-- ------ --.......-_-.......--••---.-....----------------------------------------------•------------------•-•-
TRL LF1640 7.50-16 BIBS PLY LT TDW PACSTRR 2.00 99.99 199.98
Tire Serial #: 95WX 9SWX.
LAB BAL COMPUTER WHEEL BALANCE CARLO 2.00 15.00 30.00
* THIS IS NOT A BIG 0 BRAND TIRE CARLO 0.00 0.00
* THIS TIRE IS COVERED ONLY BY CARLO 0.00 0.00
* MANUFACTURER'S WARRANTY CARLO 0.00 0.00
* AGAINST MATERIALS DEFECTS CARLO 0.00 0.00
* BIG 0 ROAD HAZARD WARRANTY CARLO 0.00 0.00
* DOES NOT APPLY CARLO 0.00 0.00
LAB N2 NITROGEN CARLO 4.00 6.00 24.00
FEE TD TIRE DISPOSAL FEE CARLO 2.00 3.50 7.00
FEE EF ENVIRONMENTAL FEE CARLO 2.00 1.75 3.50
-------------------------•-------------•----------------------------•--------------------------------•-----•---•---------------------------...................---...---.....---•--------------
Thank you for being a valued customer Paid By: Invoice Totals
Mechanic Cert. No. Type Amount Parts 199.98
--------------------------------------------------------------------------------------------------------------------------------------
VS $283.54 FET 0.00
Core Chg 0.00
Labor 54.00
Sery Agreement 0.00
Waste Disposal 10.50
Shop Supplies 0.00
Sales Tax 19.06
----------------------------"---------•
Total: $ 283.54
Page: i
Invoiood by PIERRE POPCHE
I ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF ANY INCREASE IN THE ORIGINAL ESTIMATED PRICE: X /
TERMS: (NET 10th PROX. UNLESS OTHERWISE SPECIFIED) PAST DUE CHARGE IS COMPUTED BY A TERMS A¢Ic wLEocEo a RECEIVED ev
"PERIODIC RATE"OF 1.5%PER MONTH ON UNPAID BALANCE WHICH IS AN ANNUAL PERCENTAGE RATE
OF 18%.IF NECESSARY TO INSTITUTE LEGAL ACTION TO ENFORCE COLLECTION OF THE AMOUNT DUE
UNDER THIS INVOICE,BUYER AGREES TO PAY ALL NECESSARY COSTS AND ATTORNEY'S FEES. X
TIRES WHEELS BRAKES SHOCKS STRUTS ALIGNMENT
HBO a IF FAREX6
AND SERV/CE CENTERS
Big 0 Brand Tires Limited Warranties:Your new Big 0 brand tire,with the Some manufacturers of all wheel drive(AWD)or 4 wheel drive vehicles WHAT IS COVERED BY THE LIMITED WARRANTY:
Big 0 now and serial number on the side wall and not marked"blem'purchased recommend that all tires be replaced at the same time to ensure a matched set. This warranty covers the following types of repairs and services:
at a Big 0 Tires store,carries the following warranties: The warranties set forth above apply only to the affected tire and not to the A. Air conditioning,heating and climate control systems.
remaining tires In any matched set. 8. Engine cooling systems.
3-Year Full Free Battalion Replacement Warranty:Any such Big O brand lire noted C. Engine performance,drivaboitg services and repair,
on the front of the documentation attached hereto that becomes unserviceable Proper Tire Maintenance: D.Emission control system.
within three(3)years or the purchase date due to defects in workmanship or As a condition of the Limited Mileage Warranties set forth above,the purchaser E. Fuel systems.
materials or a mad hazard will be repaired or replaced free of charge(subject to is required to have consecutive service checks performed at a participating F. Electronic engine management system and other on-board computer systems.
the General Conditions and Limitations)at any Big 0 Tires.Tire Kingdom. Big 0lires,Tire Kingdom,Merchant's Tire or NTB store not less than every (engine,body,brake arid suspension computers),Cruise control systems.
Merchant's Tim or NTB stare. - 5,000 miles.and it deemed necessary by the participating Big 0 Tires,Tie G. Brake system.
Kingdom,Merchant's Tire or NTB dealer.the tires rotated and any other crandi- H. Starting and Charging systems.
Limited Lifetime Prorated Repair or Replacement;Atter the(3)three year free tion revealed by the service check remedied.Record of the requisite service I. Electrical systems.
repair or replacement period has expired,any such tire that falls due to defects in checks,in addition to evidence that necessary rotations and remedial services or J. Exhaust system.
workmanship or materials are road hazard will be replaced who an equivalent new repairs were made must be provided at the time of your claim.Failure to have K. Ignition system.
tyre of the same or comparable brand at the then current retail price.including the required service checks performed or to demonstrate that the rotation L. Steering/suspension systems,wheel bearings.CV-joints/U-joints,half-shafts
applicable taxes.less an allowance based on the remaining useful life of the ore at schedule has been maintained will void the limited mileage warranty. and drive-shafts.
the lime of is damage or faiure(subect to the Gmeral Conditions and Limitations). M,Other minor repairs,
Proper Tire Repair and Repairable Tire-All tires will be repaired or replaced
Service Package-In addition to the warranty coverage above,your new in accordance with guidelines established by the RMA'a(Rubber Manufacturers' The Independent Repair Facility warrants that the above repairs and services
Big 0 brand tire comes with the following: Association)Puncture Repair Procedures for Passenger and Light Truck Tires. performed at this location will be fine tram defects in materials and workmanship
•Free rotation and rebalance every 5000 miles Whether a tire is repaired or replaced under this warranty depends on the nature for 12 months or 12,000 miles of use,whichever comes first,measured tram
•Free flit repair for the useful life of the tire at the damage or failure.Under the RMA's guidelines,which provide that if a fire the date of the first repair and the odometer reading shown on the original
•Free Roadside Assistance Service for 3-years(866-592-5068) suffers a puncture or penetration in the tread area not to exceed 1/4 of an inch repair invoice.Services performed not listed above carry a 3-month or 3000
at Hs widest paint,It will be repaired and a replacement tire will not be provided. mile warranty,at the Independent Repair Facility providing said services.
Other New Tires-Non-Big 0 Brand-Limited Warranties
Your new lire(without the Big 0 name on the sidevah)purchased tram a Damage resulting from repairs performed by a non-Big 0 Tires,Tire Kingdom, This warranty is conditioned on the vehicle being subjected only to normal,
Big 0 Tires store carries the following warranties: Merchant's Tire or NTB store will not constitute an adjustable condition.Time nbn-commercial use.and receiving reasonable and necessary maintenance
that fail due to men improper repair are excluded tram the warranties set forth during the warranty period.Warranty repair casts shall in no case exceed the
Manufacturer Limited Warranty-Every new fire purchased at a Big 0 Time above. costs of the original repair or service.Ii there is a defect in either materials or
store is warranted by the manufacturer against failure due to defects In workmanship within the warranty period,the Independent Repair Facility has
workmanship or materials down to 2/32nds of an inch remaining tread groove Warranty Adjustment Charges-For any tire replaced under warranty,you may the option to,perform remedial service work at no charge to you,replace the
depth,Additional warranties may apply to some tires.Big 0 Tires,Tire Kingdom, be responsible for applicable taxes and/or governmental fees,installation defective warranty parts)without charge to you or refund the entire charge for
Merchant's Tire and NTB will honor the manufacturer's warranty on any such charges(mounting,balancing,and valve stems).antllor an additional extended the warranted repairs,minus any previous mfunds.
tires,and any such tire which fails under the terms of the manufacturers road hazard warranty,if applicable.Phase contact your local Big 0 Tres,Tire
warranty will be repaired or replaced in accordance with the manufacturer's Kingdom,Merchant's Tire or NTB store for details.At Big 0 Tire's discretion,a STATE OF CALIFORNIA ONLY:A buyer of covered pmducts or services has the
warranty program.You must comply with the conditions of the manufacturers prorated cash refund off of the original purchase pace can be substituted. right to have warranty service ped o mad during the warranty period.The warranty
warranty program to receive this warranty coverage. period will he extended for the number of whole days that the vehicle has been
Limitations and Exclusions-The above warremies appy only to tires purchased out of the buyers hands forwarranty repairs.if a defect exists withinthewana in ty
Service Package-In addition to the warranty coverage above,your new tire tram Big 0 Tires.They do not apply to any replacement tires installed under this period,the warranty will not expire until the defect has been fixed.The wananty
(without the Big 0 name on the sidewal0 comes with the following: warranty.The above warranties do not cover incidental or consequential damage period will also be extended if the warranty repairs have not been performed
•Free rotation every 5000 miles of any kind,includog damages for loss of time,InWowniniM,IOss Of use of vapor, due to delays caused by circumstances beyond the control of the buyer,or it the
•Free flat repair for the useful life of the lire towing charges and replacement transportation costs.If the same tire is not warranty repairs did not remedy the detect,and the buyer notifies the warranty
available or has been discontinued,a suitable replacement tine will be substituted. administ2tprof the failure of the repairs within 60 day afterthey were completed.
Optional Tire Protection Package(TPP) It,after a reasonable number at attempts,the detect has not been fixed,the
Optional 3-Year Full Free Repair or Replacement Warranty:If purchased Any liability is limited to repairing or replacing the tire at a Big 0 Tires,Tire buyer may return his vehicle for a replacement of parts,if applicable,or a
separately along with your new non-Big 0 brand tire,or to provide warranty Kingdom,Merchant's Tire or NTB store In accordance with the terms set forth refund,in either case.subject to deduction of a reasonable charge for usage.
coverage on any new replacement tire,and noted on the front of the above.Tires that became unserviceable due m accident,abuse,neglect,fire, This time extension does not affect the protections or remedies the buyer has
documentation attached hereto,any such tire that becomes unserviceable theft,chain damage,vandalism,racing,aftermarket siping,improper balance or under any law,Parts listed are new unless noted otherwise.
within three(3)years of the purchase or replacement date due to defects in alignment(uneven or irregular wear),lack of or Improper rotation,Improper
workmanship or materials or a mad hazard will be repaired or replaced free of repair,improper Inflation pressure,repairable punctures,overloading,flat spots WHERE YOU MUST GO TO OBTAIN LIMITED WARRANTY SERVICE:
charge(subject to the General Conditions and Limitations)at any Big 0 Tires, as a result of panic stops,vehicle obstruction and sirvidar types of damage are If you are less than 25 miles away from the original repair Facility,you must
Tire Kingdom,Merchant's Tire or NTB stare. excluded from warranties set forth above.Ozone or weather crecking(s4et i c is l return your vehicle to the Facility location where the warranted service was
cracking)will not be covered by warranty after sixymm Imm the date of purchase performad and present your copy of the repair order to the Dealer.It you am
Limited Lifetime Prorated Repair or Replacement:After the(3)three year free or for the mileage or time period specified on the front of the invoice or on the more than 25 miles from the original Facility,then you must call the Warranty
repair or replacement period has expired.any such tire that fails due to defects documentation attached hereto,whichever comes first.No adjustments or Administrator,at 1-866-592.5068,from 8:00 am,to 8:00 p.m.Monday through
In workmanship or materials or a road hazard will be replaced with an equivalent replacements for problems of appearance shall appy after 90 days from date of Friday,8:00 a.m.to 5:30 p.m.Saturday(Eastern Time),excluding holidays.
new tire of the same or comparable brand at the then curenl trial price,including purchase.No adjustments or replacements for ride disturbance shall apply after The Administrator will direct you to the nearest participating Facility location.
applicable taxes,less an allowance based on the remaining useful life of the tire at the the first 2/32nds of an inch of tread wear.ALL IMPLIED WARRANTIES OF ANY
time of its damage or failure(subject to the General Conditions and Limitations). KIND,INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR WHAT YOU MUST DO TO OBTAIN LIMITED WARRANTY SERVICE:
PURPOSE,ARE HEREBY DISCLAIMED.Soma states do not allow the exclusion You must keep a copy of the anginal repair invoice and present it when seeking
Service Package-In addition to Inc warranty coverage above,this Optional or limitation of Incidental or consequential damages or disclaimer of Implied s e rrceunder thaw,ara nty.If warranty work is ped o hard,you must temporarily
Tire Protection Plan pmwdes you with the following: - —r- - warranties,so mine exclusions or disclaimers may not apply to you.All '--- surrender possesslibi of the repair invoice.It there are no participating locations
•Free rotation and rebalance every 5000 miles Big 0 Tires warranties provide specific legal rights,and them may be other In your oma,you must obtain authorization from the We panty Administrator poor
•Free flat repair for the useful life of the tire rights,which vary tram state to state. to any warranty repair work by calling:1-866-592-5068.It the non-participating
•Free Roadside Assistance Service for 3-years Repair Facility location will not accept payment from the Warranty Administrator,
Nitrogen Filled Tires-It is your responsibility to inform the Big 0 Tires,Tire you must pay for the warranty service and submit your original repair order and
Limited Mileage Warranty: Kingdom,Memham's Tire or NTB store if your lire is inflated with nitrogen prior warranty service repair order to the Administrator for review,in all cases,the
(for Big 0 Brand and Non-Big 0 Brand Tires): to any services being performed on the tire.Not all Big 0 Tires,Tire Kingdom, - Warranty Administrator unit return these original document(s)to you as soon as
If a mileage warranty is noted on the front of the documentation attached hereto, Merchant's Tires and NTB stores have the equipment to inflate a tire with practicable.
such lire whose remaining tread groove depth is reduced to 2/32nds or an inch nitrogen.The above warranties do not cover any damage of any kind resulting
or less prior to the tire receiving the specified mileage will be replaced with an (mm a lire being Inflated by nitrogen,or by a mixture of nitrogen and air. WHAT IS NOT COVERED BY THIS LIMITED WARRANTY:
equivalent new the of the same or comparable brand at the then current retail _ You must pay for any non-waranly service you order to be performed at the
price,including applicable taxes,less an allowance based on the actual mileage Wheels: same time as the warranty service.This limited warranty will not apply to your
received at the time presented to a Big 0 Tires,Tim Kingdom,Merchant's Tire or No Wazrantyes.The manufacturers of wheels provide all warranties for wheels. repaired vehicle if it has been damaged by abnumial use,misuse,neglect,
NT8 store compared to the specified mileage.Mileage warranty claims will only BIG 0 TIRES MAKES NO WARRANTIES OF ANY KIND OR DESCRIPTION FOR accident,and alteration or'tampering with'(by other than the Facility or Facility
be honored within 6 years of the date of original lire purchase and before the WHEELS.Big 0 Tires will assist you in making a warranty claim on any defective employees).The Facility's employees and/or agents do not have authority to
lire delivers the warranted mileage.The following tires are excluded from the wheel,but assumes no liability or responsibility for replacing or repairing such modify the terms of this limited warranty not to make any promises in addition
limited mileage warranty:flotation sizes,commercial use tires,performance wheel. to those contained in this limited warranty.
tires 17"and larger,50 series and lower tires,unless provided by manufacturer.
CAUTION REGARDING LUG NUTSH Lug nuts put on new custom or mag THIS LIMITED WARRANTY DOES NOT IN ANY WAY INCLUDE INCIDENTAL OR
Used Tires: wheels could become loose during the first 200 miles of driving.All lug nuts CONSEQUENTIAL DAMAGES(ADDITIONAL EXPENSES THAT YOU MAY INCUR
BIG 0 TIRES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND should be checked for tightness after the first 25 miles of driving and again at AS THE RESULT OF FAULTY REPAIR OR SERVICE).SOME STATES DO NOT
REGARDING USED TIRES PURCHASED AT A BIG O TIRES STORE.ALL USED 200 miles.Big 0 Tires will check the lug nuts On new custom or mag wheels ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
TIRES ARE SOLD"AS-IS"WITH ALL FAULTS. free of charge.Big 0 This assumes no responsibility for damage or injury that DAMAGES,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
could occur 11 customer falls to have the lug nuts checked as recommended. YOU.THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS,AND YOU MAY
General Conditions and Limitations-Tires: ALSO HAVE OTHER RIGHTS,WHICH VARY FROM STATE TO STATE,
Deflnftions:'Useful life of the tire"means more than 2132nds of an inch remaining
trmd groove depth or six(6)years tram the date of original lire purchase.At 2/32mb Big 0 Tires Nationwide Limited Repair AUTOMOTIVE REPAIRS EXCLUDED FROM LIMITED WARRANTY:
of an inch of impairing tread groove depth or sac(6)Years tram the date of original Warranty-12 Months/12,000 Miles This warranty does not cover repairs)or replacements)except as listed in Uie
tire purchase.whichever occurs first,the lire Is considered wom out and no WHO MAKES THIS LIMITED WARRANTY: section."What is covered by this Warranty,'even though the Facility may after
longer warranted. - This limited warranty is extended only to you,the ooginal purchaser,and not to other services.
anyone who may purchase your vehicle from you during the ten of the warranty.
General Conditions-The limited warranties set forth herein will be honored at This Limited Warranty Is made by the Independent Repair Facility("Facility')who WARNINGH NEW BRAKESII
any Big 0T res,Ti to Kingdom,Merchants Ti re or NTB store.In some locations, is so named on the original repair order and performed the serviewhepairs an You are cautioned against making rapid or severe brake applications immediately
Big 0 Tires franchisees may offer other,warrandes to addition to those set forth your vehicle.This limited warranty may be honored by any Facility participating after installing new brake shoes or pads.New bmke shoes or pads will require a
herein.These additional warranties may not be accepted at all Big 0 Tires,Tire in this program,or other authorized facility anywhere in the United Stales. break-in period to property seat before attempting severe stops.Appy your
Kingdom,Merchant's Tire or NTB stores.In all cases,the failed tire must be brakes moderately for the first 500 miles.It Is recommended that you have
returned to a store honoring the warranty with the original sales invoice.All Big This limited warranty is not a warranty of Sonsio.Inc.,Its affiliates,subsidiaries your braking system checked every 5,000 miles at your nearest Big 0 Tires,
0 warranties are nontransferable and appy to the odgirul purchaser only and or any of their employees,or member companies.In addition,Sonsio,Inc. Tire Kingdom,Merchant's Tire or NTB tire store that provides brake service.
only if the lire is on the vehicle on which it was originally installed. serves as the administrator only, In addition to the above recommendation,some vehicle manufacturers specify
additional inspection intervals.Be sum to consult your vehicle owners manual
for specific details.
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