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Les Schwab Credit Terms and Conditions


Les Schwab Tire Centers E-Sign Consent and Disclosure Policy

This policy describes how Les Schwab Tire Centers and Affiliated Dealers (collectively “Les Schwab Tire Centers”) delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.


Electronic Delivery of Communications:

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Les Schwab Account and your use of the Services. Communications include:

We will provide these Communications to you by posting them on the Les Schwab website, by calling you the phone number listed in your Les Schwab Account or emailing you at the primary email address listed in your Les Schwab Account.


Hardware and Software Requirements:

In order to access and retain electronic Communications, you will need the following computer hardware and software:

How to Withdraw Your Consent:

You may withdraw your consent to receive Communications electronically by emailing us at emailsupport@lesschwab.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Les Schwab reserves the right to charge you additional fees for paper copies.


Updating Your Information:

It is your responsibility to provide us with a true, accurate and complete email address and other contact information, and to keep such information up to date. You understand and agree that if Les Schwab sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Les Schwab will be deemed to have provided the Communication to you.

You may update your information by contacting our credit department at:

Les Schwab Tire Center Credit Department
P.O. Box 5350
Bend, OR 97708
Phone: (541) 416-5140

Last Updated: February 7, 2020




Les Schwab Tire Centers/Affiliated Dealers Retail Credit Plan and Security Agreement

  1. From time to time I/We, the undersigned (collectively “Applicant” or “Buyer”), intend to purchase goods and services from Les Schwab Tire Centers or its affiliated dealer (as applicable, “Seller”). Upon prior approval by Seller, all such purchases will be governed by this Retail Credit Plan and Security Agreement (“Agreement”). The words “I,” “me,” and “my,” mean each and all of those who sign and/or enter this Agreement or otherwise agree to be bound by the terms of this Agreement. If more than one person signs this Agreement, or otherwise agrees to be bound by the terms of this Agreement, all obligations will be joint and several.
  2. Buyer hereby grants Seller a purchase money security interest in all goods (including all accessions, parts and additions to such goods, and all proceeds, including insurance proceeds) purchased from Seller under this Agreement to secure Buyer’s performance of, and all payment obligations arising under, this Agreement. Buyer (a) agrees to execute any document(s) Seller requests to perfect its security interests, and (b) consents to and authorizes Seller to file any financing statements or other instruments that Seller deems appropriate to perfect such security interests.
  3. NOTICE TO BUYER:
    1. Do not sign this Agreement (i) before you read it in its entirety, including the Account Opening Disclosures, or (ii) if any spaces intended for the agreed terms, except as to unavailable information, are blank.
    2. Buyer is entitled to a copy of this Agreement at the time that it is signed.
    3. Buyer may at any time pay off the unpaid balance due and, in doing so, may be eligible to receive a partial rebate of the INTEREST CHARGE set forth herein.
    4. The INTEREST CHARGE is calculated at the Annual Percentage Rate of 18% per annum, computed at the daily periodic rate of 0.04931 percent.
    5. Buyer may cancel any purchases made under this Agreement if the Seller solicited in person such purchase, and Buyer signs an agreement for such purchase, at a place other than the Seller’s business address provided in this Agreement, by sending notice of such cancellation by certified mail return receipt requested to the Seller at the address provided in this Agreement, which notice shall be posted no later than midnight of the third day (excluding Sundays and holidays) following Buyer’s signing of the purchase agreement. If Buyer chooses to cancel the purchase, Buyer must return or make available to Seller any merchandise, in its original condition, received by Buyer under the purchase agreement.
  4. Buyer agrees to pay Seller for all purchases made by Buyer and by others that Buyer allows to make purchases under this Agreement. When there is a balance due Seller, Seller will issue a monthly statement after the 25th day of each month for the balance due. The monthly statement will include the total unpaid balance and the minimum monthly payment, if applicable. Before the 15th day (20th day in California) of each month following purchases, Buyer shall pay Seller either the total unpaid balance or the applicable specified minimum monthly payment as follows:
    (A)
    Ending
    Monthly Balance
    Minimum
    Payment Due
    $0.01 - $10.00 Balance
    $10.01 - $50.00 $10.00
    $50.01 - $100.00 $15.00
    $100.01 - $250.00 $25.00
    $250.01 - $500.00 $50.00
    $500.01 - $1,500.00 $75.00
    $1,500.01 - $2,500.00 $150.00
    Over $2,500.00 1/3 of Balance
    (B)
    Minimum Monthly
    Payment Is:
    5% of the original purchase price or 5% the highest monthly statement balance, whichever is greater (or as otherwise agreed); plus monthly FINANCE CHARGE
    (C)
    90 Days
    Same As Cash
    If I pay for purchases within 90 days of the purchase date, FINANCE CHARGES added to the unpaid balance will be reversed. If I do not pay for the purchases within 90 days of the date of purchase, Seller will add a FINANCE CHARGE to my account beginning as of the billing date shown on the monthly statement for the month in which Buyer made the oldest purchase and the account shall revert to Option V. (A) herein.
    (D)
    |
    |
    If no box is checked, I will pay under the provision of Section V. Option (A) herein.
  5. Seller is committed to protecting financial privacy. For information regarding Les Schwab’s Privacy Policy, please contact Les Schwab Tire Centers Credit Department at P.O. Box 5350, Bend, Oregon 97708, (541) 416-5140, or visit any Les Schwab Tire Center or Affiliated Dealer. (www.lesschwab.com)
  6. Payments will be applied as follows:
    1. First, to unpaid late or returned payment fees.
    2. Then, to any applicable INTEREST CHARGE.
    3. Then, to items first purchased.
    4. If Buyer purchases more than one item at the same time, the lowest priced item will be paid first.
    5. All down payments will be applied to services rendered and then to items purchased simultaneously with the down payment.
  7. Buyer represents and warrants that all items purchased under this Agreement are and shall be for personal, family, or household use.
  8. If either (i) Buyer fails to perform its obligations under this Agreement, or (ii) Seller reasonably deems itself insecure, then Seller may exercise any and all of its rights and remedies under applicable law and this Agreement, including without limitation:
    1. Declare all amounts that Buyer owes under this Agreement immediately due and payable, without notice.
    2. Require that Buyer (and Buyer hereby agrees to) immediately assemble and make available for Seller to take immediate possession of any goods purchased under this Agreement. Seller may enter Buyer’s driveway, garage or any other property without further permission from Buyer for the purpose of taking possession of such goods.
    3. Charge Buyer all fees, costs, and expenses of restocking, special order, repossessing the goods, selling them, and all fees, costs and expenses of any other efforts to collect what Buyer owes to the fullest extent allowed under applicable law.
  9. Buyer agrees that Buyer’s bank account(s) may be debited electronically for the face amount of a returned check and for the returned check fee if any payment tendered by Buyer is returned to Seller unpaid. The return check fee will appear as a charge on the monthly statement in the month the check is returned to Seller
  10. If Seller retains an attorney to collect payments due form Buyer, or to otherwise enforce or declare the terms of this Agreement, Buyer agrees to pay, in addition to all other amounts due to Seller, Seller’s reasonable attorneys’ fees, costs, and expenses, including but not limited to such fees and costs as may be incurred at trial, arbitration, and on appeal, to the fullest extent allowed under applicable law.
  11. If incurred, Buyer agrees to pay Seller’s administrative costs (postage and handling fees, telephone expense, correspondence fees, photocopy expense or other costs) associated with Buyer’s account.
  12. Seller may change the terms of this Agreement including, but not limited to, the INTEREST CHARGE, and the applicable ANNUAL PERCENTAGE RATE or RATES, LATE PAYMENT, the method of figuring the balance on which the INTEREST CHARGE is applied, the minimum monthly payment required, and/or the closing date and length of the monthly billing cycle, by mailing or emailing a notice of the change(s) to me as required by applicable law.
  13. Buyer consents to receive future calls or text messages sent through an automatic telephone dialing system to the number provided in the Retail Credit Application (“Application”). Your consent to receive such future calls or text messages is not a condition of sale or preapproval, and Buyer may opt-out of receiving such calls or messages at any time, by providing written notice to Seller.
  14. If Buyer is a Les Schwab employee purchasing under the Les Schwab Retail Credit Plan, the following applies: All Unpaid Balances Are Due And Payable Upon Termination Of Employment. I understand and agree that if my employment with Les Schwab terminates, for any reason, any unpaid balance on this Retail Credit Plan will become immediately due and payable, even if such a balance would not otherwise be due. I also agree that Les Schwab, as my employer, may deduct from my final paycheck or other compensation that is already due and owing at the time of the termination of my employment, the entire unpaid balance of my account.
  15. LIMITED WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN WRITING AND SIGNED BY SELLER, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE), FOR ANY GOODS OR SERVICES AND THE EXPRESS WARRANTIES PROVIDED SHALL BE IN LIEU OF ANY OTHER SUCH WARRANTIES. To the maximum extent permitted by law, all such warranties are hereby disclaimed by Seller and waived by Buyer.
  16. LIMITATION ON BUYER’S REMEDIES. BUYER’S SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY PURCHASE OR SELLER’SPERFORMANCE IN CONNECTION THEREWITH INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING OUT OF ANY DEFECT OR ALLEGED DEFECT IN ANY GOODS OR SERVICES FURNISHED BY SELLER, SHALL BE EXCLUSIVELY (AT SELLER’S SOLE OPTION) THE RIGHT OF REPAIR OR REPLACEMENT OF SUCH GOODS OR SERVICES, OR REPAYMENT OF THE PURCHASE PRICE THEREFOR. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SELLER BE LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY, FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT OF BUYER’S DEFAULT, ALL PROVISIONS OF SELLER’S WARRANTIES BECOME NULL AND VOID.
  17. General. (a) If any provision of this Agreement is found unenforceable, invalid or unlawful, the remaining provisions of this Agreement shall remain in full force and effect; (b) This Agreement may not be amended, modified, or changed other than by an instrument in writing, signed by the party against whom enforcement of any such amendment, modification, or change is sought; (c) Buyer may not assign Buyer’s rights or obligations under this Agreement without Seller’s prior written consent, which consent will not be unreasonably withheld (any such attempted assignment will be void); (d) Waiver by Seller of any breach of this Agreement shall not be construed as a waiver of any other breach, and the failure of Seller to exercise any right or remedy arising from any breach by Buyer shall not be deemed to be a waiver of such right or remedy; and (e) This Application and Agreement, along with any invoice from Seller constitutes the sole and entire agreement between Seller and Buyer with respect to any order or sale of goods or services to Buyer, superseding completely any prior or contemporaneous oral or written communications. In the event of any conflict between the terms of this Agreement, the Application, or an invoice, the terms of this Agreement shall control.
  18. Incorporation of Account Opening Disclosures. The Account Opening Disclosures are incorporated in this Agreement as if fully set forth herein.
  19. ALL REPRESENTATIONS BY BUYER IN THE APPLICATION AND THIS AGREEMENT ARE TRUE, CORRECT, AND COMPLETE. BUYER HEREBY AUTHORIZES SELLER TO OBTAIN INFORMATION ABOUT BUYER FROM SELLER’S AFFILIATES, MEMBER DEALERS, CREDIT REPORTING COMPANIES AND ANY AND ALL OTHERS WHO HAVE PRIOR CREDIT EXPERIENCE OR INFORMATION ABOUT BUYER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT VERIFICATION, PUBLIC RECORDS, AND MOTOR VEHICLE RECORDS. BUYER ACKNOWLEDGES THAT BUYER HAS READ, UNDERSTANDS, AND RECEIVED A TRUE COPY OF THIS AGREEMENT BEFORE SIGNING. BUYER AGREES TO ALL TERMS AND CONDITIONS CONTAINED IN THE APPLICATION AND AGREEMENT.

See the Account Opening Disclosures for important information regarding your right to dispute billing errors.




Account Opening Disclosures


Interest Rate and Interest Charges
Annual Percentage Rate (APR) for Purchases 18% per annum
How to Avoid Paying Interest We will not charge you any interest if you pay the total new balance on your monthly statement by the next statement closing date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50

Fees
Annual Fees None
Penalty Fees  
  • Late Payment
Up to $15 (The amount of the fee varies by state. For more information on state-specific late payment fees, see section I.B. below.)
  • Over-the-Credit Limit
None
  • Returned Payment
Up to $20.00

How We Will Calculate Your Balance: Seller will compute the MONTHLY FINANCE CHARGE as follows: Each day in the billing cycle Seller will take the beginning balance of my account including any remaining balance from unpaid invoices, add any new purchases or charges, and subtract any payment(s) or credit(s). This gives the “Daily Balance.” To compute the periodic FINANCE CHARGE Seller will multiply the Daily Balance by a daily periodic rate of 0.04931 percent (the “DAILY FINANCE CHARGE”). Seller will each day add the DAILY FINANCE CHARGE to my balance. This will be the beginning balance for the next day. My monthly FINANCE CHARGE will be the sum of the DAILY FINANCE CHARGES that accrue during the billing cycle.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.

  1. Charges That May Be Imposed As Part of This Agreement
    1. An INTEREST CHARGE may be added to any account balance not paid on or before the due date. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.
    2. A late payment fee may be charged if any payment is not made within 10 days of the due date. The amount of the late fee varies by state as follows:
      STATE LATE PAYMENT FEE STATE LATE PAYMENT FEE
      Alaska Up to $15 Nevada Up to $15
      California Up to $10 Oregon Up to $15
      Colorado Up to $15 Utah Up to $15
      Idaho Up to $15 Washington Up to $15
      Montana Up to $10 Wyoming Up to $10
      STATE LATE PAYMENT FEE
      Alaska Up to $15
      California Up to $10
      Colorado Up to $15
      Idaho Up to $15
      Montana Up to $10
      Nevada Up to $15
      Oregon Up to $15
      Utah Up to $15
      Washington Up to $15
      Wyoming Up to $10
    3. A return check fee of up to $20.00 may be charged if any payment tendered by Buyer is returned to Seller as unpaid.
    4. The INTEREST CHARGE is calculated at the Annual Percentage Rate of 18% per annum, computed at the daily periodic rate of 0.04931 percent.
    5. We figure the INTEREST CHARGE on your account by computing the MONTHLY FINANCE CHARGE as follows: Each day in the billing cycle Seller will take the beginning balance of my account including any remaining balance from unpaid invoices, add any new purchases or charges, and subtract any payment(s) or credit(s). This gives the “Daily Balance.” To compute the periodic FINANCE CHARGE Seller will multiply the Daily Balance by a daily periodic rate of 0.04931 percent (the “DAILY FINANCE CHARGE”). Seller will each day add the DAILY FINANCE CHARGE to my balance. This will be the beginning balance for the next day. My monthly FINANCE CHARGE will be the sum of the DAILY FINANCE CHARGES that accrue during the billing cycle.
  2. Additional Disclosures
    1. Under the terms of the Agreement, Seller has or will acquire a security interest in the property purchased under the Agreement.
    2. A statement outlining your consumer rights and Seller’s responsibilities appears below.



In Case of Errors or Inquiries About Your Les Schwab Tire Centers/Affiliated Member Dealers Bill


Your Billing Rights: Keep This Document for Future Use

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.


What to Do If You Find a Mistake on Your Statement

If you think there is an error on your statement, write to us at:

Les Schwab Tire Center Credit Department
P.O. Box 5350
Bend, OR 97708
You may also contact us by email at creditservices@lesschwab.com

In your letter, give us the following information:

You must contact us:

You must notify us of any potential errors in writing or by email. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.


What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

  1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
  2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

After we finish our investigation, one of two things will happen:

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.


Your Rights If You Are Dissatisfied with Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
  3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or by email at:

Les Schwab Tire Center Credit Department
P.O. Box 5350
Bend, OR 97708
creditservices@lesschwab.com

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.

Les Schwab Tire Centers/Affiliated Dealers Retail Credit Plan And Security Agreement Last Updated: February 14, 2020