Can I sue a tire shop for breach of contract?

I purchased a road hazard package from Discount Tire for three vehicles. On one vehichle I had screws in the tires. When I took the vehicle in to have all four tires replaced, the sales rep. said, the tires were vandalized but the road hazard package stipulates the tires would be replaced with no questions asked. I confirmed this with the manager at the time of purchase. Can I sue this company for breach of contract?

Jonesboro, GA -

Attorney Answers (3)

Kevin M. Veler

Kevin M. Veler

Contracts / Agreements Lawyer - Alpharetta, GA
Answered

It would depend upon the precise wording of their hazard package and the exclusions as well as the accuracy of their "determinaton" of an excluded event such as vandalism.

Disclosure: This answer and any information contained in this answer is not intended to be treated as legal... more
Raphael Samuel Moore

Raphael Samuel Moore

Business Attorney - Davis, CA
Answered

Depends on the exact words of the contract. If intentional wrongdoings, like vandalism isn't covered, then it's not covered. My question is how can they tell it was vandalism ?

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James A. Braschler

James A. Braschler

Contracts / Agreements Lawyer - Redmond, WA
Answered

It is possible that the agreement states that the warranty covers "everything," only to to have another provision that carves out intentional acts, off road use, vandalism, and commercial use. I am reminded of a phrase that states, "the big print givith, and the fine print taketh away." In any case, I imagine it would be difficult to determine the screws were the result of vandalism, I would ask the tire shop how they know it was vandalism.

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