CARBON OFFROAD AUSTRALIA – TERMS OF SERVICE

Applies to: carbonoffroad.com.au

Effective Date: June 2026

1. General Terms & Jurisdiction

This website, carbonoffroad.com.au, and the Carbon Offroad brand in Australia are owned and operated by KPD Industries Pty Ltd (ABN: 80 142 983 382), trading as Carbon Offroad Australia. By accessing this website, creating an account, or purchasing goods, you agree to be bound by these Terms of Service. All site transactions and any disputes arising from your use of this site are governed exclusively by the laws of Queensland, Australia.

2. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, right, remedy, or protection implied or imposed by the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. For major failures, minor failures, faulty goods, or items significantly not as described, your statutory consumer rights remain fully protected.

3. Product Use, Compliance & Installation

• Off-Road Use Only: Many of our products (including winches, recovery gear, and suspension modifications) are designed specifically for off-road, recreational, or competition use. It is the customer’s sole responsibility to ensure that any vehicle modification or use complies with Australian Design Rules (ADR), state/territory road transport laws, and insurance requirements.

• Ratings and Limits: Products must only be used for their intended purpose and strictly within their stated ratings, limits, and safety instructions.

4. Installation & Safety

Winches, electrical components, and heavy recovery gear must be installed correctly. Unless otherwise stated, installation should be completed by a competent and suitably qualified person. To the maximum extent permitted by law, Carbon Offroad Australia is not liable for injury, death, property damage, vehicle damage, or product failure caused by:

• Incorrect installation or wiring.

• Incorrect product selection or overloading.

• Failure to follow supplied instructions, warnings, or isolator switch configurations.

5. Recovery Gear Safety

Recovery gear can be dangerous if used incorrectly. Customers must read and follow all product instructions, minimum breaking strain ratings, and safety guidance before use. Gear must be inspected before each use and must not be utilized if damaged, frayed, cut, or contaminated. Motor vehicle recovery straps are subject to mandatory Australian product safety and labelling standards, and must be used accordingly.

6. Product Information, Images & Stock Availability

We aim to ensure all product descriptions, pricing, images, and stock levels are accurate. However, website content may occasionally contain typographical errors or omissions. Product images are for illustration purposes only. If a product is materially different from its description, your remedy is governed by the Australian Consumer Law and our Return & Refund Policy.

7. Pricing Errors

In the event of a genuine pricing error, such as a high-value item mistakenly listed at $0.00 or an obviously incorrect price, we reserve the right to cancel the affected order before dispatch and issue a full refund of any amount paid.

8. GST & Currency

All prices listed on carbonoffroad.com.au are denominated in Australian Dollars (AUD) and include the Australian Goods and Services Tax (GST) unless expressly stated otherwise.

9. Orders, Acceptance & Availability

Placing an order does not automatically constitute acceptance. We reserve the right to refuse, cancel, or review an order if there is a genuine pricing/stock error, payment is flagged as fraudulent, delivery details are invalid, or we are unable to supply the product within a reasonable timeframe. If payment has been taken, a full refund will be provided.

10. Title & Ownership

Ownership and legal title in goods remains entirely with KPD Industries Pty Ltd trading as Carbon Offroad Australia until the invoice or order balance is paid in full.

11. Delivery, Freight & Risk

Delivery and freight matters are handled in accordance with our Shipping Policy and Shipping Protection Policy. Risk in the goods passes to the purchaser upon dispatch from our warehouse facility. For trade, wholesale, or business-to-business (B2B) orders, risk passes immediately on dispatch to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, and strictly subject to your non-excludable rights under the ACL, Carbon Offroad Australia excludes liability for indirect, special, incidental, or consequential loss or damage arising from the use of our website, products, or services. Where liability can lawfully be limited, our total liability for a proven claim is strictly limited to the purchase price paid for the specific product giving rise to the claim.

13. Intellectual Property

All website content, including text, layouts, graphics, logos, images, and product names, is owned by or licensed to KPD Industries Pty Ltd and is protected by Australian and international copyright and trademark laws. Content must not be copied, reproduced, or exploited without our prior written consent.

14. Website Use

You agree not to misuse this website. You must not interfere with the website’s operation or security, attempt to gain unauthorized access to our systems, upload malicious code, or scrape data without explicit permission.

15. Other Applicable Policies

Your use of our website and purchase of products are also governed by our Return & Refund Policy, Shipping Policy, Shipping Protection Policy, Warranty Policy, and Privacy Policy, accessible via our website footer.

16. Contact

For questions about these Terms, contact:

Carbon Offroad Australia

Email: sales@carbonoffroad.com.au