This certificate should be furnished to the supplier.
WAIVER AND CONSENT
This Waiver and Consent is made and entered into between (WHOM Tires LLC DBA JBee's Tires") and [Tire Manufacturer) ("Customer") (cach a "Party" and collectively, the "Parties“).
WHEREAS, HOM Tires LLC DBA JBee's Tires is in the business of providing tire recycling services to customers located throughout the United States;
WHEREAS, Customer wishes to engage HOM Tires LLC DBA JBee's Tires to provide tire recycling services through the collection of certain new tires ("Tires") that Customer wants to remove from its inventory in accordance with HOM Tires LLC DBA JBee's Tires normal business practices;
WHEREAS, HOM Tires LLC DBA JBee's Tires normal business practices include, among other options, selling the Tires to third party wholesalers as used tires.
NOW, THEREFORE, in light of the foregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and fully intending to be legally bound hereby, HOM Tires LLC DBA JBee's Tires and Customer hereby agree as follows:
1. Acknowledgement Customer recognizes and acknowledges that HOM Tires LLC DBA JBee's Tires, as part of its normal business practices, may elect to sell some of the Tires to third party wholesalers as used tires, and that such third party wholesalers may (directly or indirectly) sell such tires to retail customers. Customer further recognizes and acknowledges that HOM Tires LLC DBA TBee's Tires has the right to sell some or all such Tires without objection or opposition from Customer,
Waiver, Customer hereby waives any present or future rights to object to the sale of such Tires by HOM Tires LLC DBA JBee's Tires. Customer further waives any rights to object to the rc-sale of such Tires by the wholesalers that purchased such Tires from HOM Tires LLC DBA JBce's Tires or by any subsequent purchaser of the Tires.
3. Consent. Customer expressly consents to the sale of the Tires by HOM Tires LLC DBA JBee's Tires to third party wholesalers and any subsequent sale of the Tires to other wholesalers, retailers or retail consumer's.
4. Governing Law. This Waiver and Consent shall be construed and governed by the laws of the Commonwealth of Texas, excluding its conflicts of law rules or any other laws that would require the laws of another state or jurisdiction to apply. Any and all disputes concerning this Waiver and Consent shall be resolved by the state and/or federal courts in Waco, Texas and to the exclusion of any and all other forums or venues.
Authorization. Each of the undersigned persons represents and warrants that he or she is duly authorized to enter into this Waiver and Consent on behalf of the party for which he or she has signed and thereby bind that party to the terms of this Waiver and Consent.
6. Successors and Assigns. This Waiver and Consent shall be binding upon and inure to the benefit of HOM Tires LLC DBA JBee's Tires and Customer and their respective past, present and future officers, directors, shareholders, employees, affiliates, successors and assigns and the terms "HOM Tires LLC DBA JBea's Tires" and "Customer shall include these respective and related parties.
IN WITNESS WHEREOF, the undersigned, fully intending to be legally bound, have read this Waiver and Consent and have executed it with full understanding of its meaning as of this __ day of __ 22 ,
HOM Tires LLC DBA JBee's Tires
