Pedder's Terms

Terms and Conditions of Sale

Contents

About this Website

This web site is operated by Pedders Shock Absorber Service Pty Ltd ACN 004 848 435 (Pedders) under the domain name “www.pedders.com.au” (Site). The Site is operated on behalf of Pedders, its related bodies corporate and its franchisees (collectively called the Pedders Group).

Your use of this Site and of any information, graphics and materials on this Site is governed by these Terms of Use, and the Pedders Website Privacy Policy which appears on the Site (collectively referred to as Terms).

Please Contact Us if you have any questions about these Terms.

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Applicability of these Terms

Your use of the Site constitutes your acceptance of these Terms.

Pedders may revise these Terms at any time without giving you notice, and it is your responsibility to monitor this page for revised Terms. All changes to these Terms are effective from the date the revised Terms are posted on the Site, and the revised version of these Terms will supersede any earlier version. You agree that by doing this, Pedders has given you sufficient notice of the variation to these Terms.

You can review the most current version of these Terms at any time by visiting this page.

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Site Contents

The Site contains general information about products and services offered by members of the Pedders Group. You should not act or refrain from acting solely on the basis of that information, but should obtain specific advice as to the suitability of any product or service.

Information available from this Site does not form a part of the terms and conditions under which any products or services are offered for sale or supply. Nor does that information amount to an offer to enter into a legally binding contract.

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Use of the Site

When you access the Site, you:

  • must not use the Site or any of the material contained in it for any purpose that is unlawful, prohibited under these Terms, or that violates any right (including copyright) of any member of the Pedders Group or of any third party;
  • must not access or attempt to access any part of the Site which is not designated for public access;
  • may only save a local copy of, or print any of the material contained in the Site for your own information, research or study, and to inform others about the Site. You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form or by any process, or otherwise exploit any part of the Site or any of the material contained in the Site for any commercial purpose;
  • must not transmit, or permit or encourage the transmission to or through the Site of any information or material that is:
    • illegal, threatening, abusive, defamatory, obscene, pornographic or indecent;
    • in contempt of any court or parliament or in breach of any law; or
    • incorrect or misleading.
  • must not knowingly post or transmit or permit the posting or transmission of any material to the Site which contains a virus;
  • must take your own precautions to ensure that whatever you select from the Site is free of viruses or anything else that may interfere with your or any third party’s computer system.

Pedders may refuse you access to the Site, or edit or delete material transmitted by you if you act in contravention of any of these terms.

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Copyright and other Intellectual Property Rights

All material on this Site is owned by or licensed to Pedders or the Pedders Group.

Your use of this Site will not confer on you any intellectual property rights in any of the material contained in this Site. Except as provided in these Terms or as permitted under the Copyright Act 1968 (Aust), you must not use, adapt, upload to a third party, link to, frame, distribute or transmit any of the material contained in this Site in any form without Pedders' prior specific written permission. All rights are reserved.

“Pedders” and all associated trade marks, are the property of Pedders.

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Links to other Websites

The Site may contain links to websites operated by third parties (Linked Websites). Those links are included solely for your convenience. By including links to Linked Websites, neither Pedders nor the Pedders Group endorses or approves the operators of the linked Websites, their products or services, the information, graphics and material contained on those Linked Websites, or the conduct, products, practices or views of any party.

Subject to any applicable law that cannot be excluded, the Pedders Group does not warrant or make any representations:

  • about the quality, timeliness, fitness for purpose, merchantability, legality or reliability of any Linked Website or any product or service available through or referred to in any Linked Website;
  • that any material contained in a Linked Website does not infringe the rights of any person.

The Pedders Group is not authorising the reproduction of any material contained on or available from a Linked Website by providing a link to a Linked Website. Your decision to access a Linked Website is entirely at your own risk.

Any offer to sell or supply goods or services on a Linked Website is the responsibility of the owner or operator of that Linked Website, and not of any member of the Pedders Group.

When you follow a link on this Site, material from a Linked Website may be displayed as being framed by material on this Site. Nevertheless, that framed material is still material contained on or available from a Linked Website.

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Links to this Site

Linking to this Site, or to any web page or material contained in this Site, is expressly prohibited without Pedders?prior written consent, and then on such terms as Pedders specifies.

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Warranties

While Pedders has attempted to ensure the accuracy and completeness of the contents of this Site, the Pedders Group does not give any warranty or assurance as to the adequacy, or the accuracy or completeness of any material on this Site (including all implied warranties as to merchantability or fitness for any purpose). All information contained in the Site is subject to change without notice and is provided "as is".

The Pedders Group does not warrant that access to the Site or any Linked Site will be uninterrupted or error-free, or that the Site or any Linked Website will be free from any virus.

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Limitation of Liability

Subject to any liability that is implied by law and cannot be excluded, no member of the Pedders Group is liable to you for any damages whatsoever, including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with the Site, any Linked Website, or any information contained in the Site or in any Linked Website.

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Outages

At any time, Pedders can terminate, interrupt or withdraw the Site or your access to the Site for any reason, including for upgrades to or maintenance of the Site.

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Termination

Pedders may terminate these Terms, the agreement constituted by your access to the Site or your use of any material contained in the Site, and your access to the Site, at any time without reason, and without notice.

All provisions of these Terms that are intended to continue operating after termination, including those provisions relating to intellectual property, disclaimers and limitations of liability, survive termination for any reason.

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Severability

If a court of law in a place finds a provision of these Terms to be invalid or unenforceable, that provision is severed in that place, and that severance will not affect the remainder of these Terms, or the enforceability of that provision in another place, which will continue in full force and effect.

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Governing Law

These Terms are governed by the laws of Victoria, Australia, and you submit to the jurisdiction of the courts of that place and of any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms or the Site.

Due to the nature of the Internet it is possible to access the Site throughout the world. The members of the Pedders Group do not make any representation that the contents of the Site comply with the laws of any country outside of Australia or New Zealand. If you access the Site from outside Australia or New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.

Version Number: 1.0

Date of Publication: 03/04/2003


Terms and Conditions of Sale

1. The following are the terms and conditions of sale for any goods supplied by Pedders Suspension
2. Prices shown in Pedders Price List are subject to change without notice.
3. The prices referred to in the Pedders Price List are recommended prices only and there is no obligation to comply with the recommended prices
   (a) All prices are net ex warehouse
   (b) Freight or delivery charges are payable by the Purchaser
4. The prices are inclusive of G.S.T. unless otherwise noted.
5. The risk in the goods shall unless otherwise agreed in writing pass to the Purchaser upon despatch from Pedders Warehouse save and except where the goods are carried in Pedders own vehicle when the risk in the goods shall pass upon delivery to the Purchase or his agent.
6. Pedders will not be liable to the Purchaser in the event that delivery of the goods is delayed irrespective of the cause of the delay.
7.
   (a) Where credit terms have been approved in writing by Pedders in respect of the Purchaser payment is required prior to the end of the calendar month following that in which the invoice for the goods is raised.
   (c) If payment is not made in accordance with paragraph (a) of this condition 7 Pedders reserve the right to charge a service fee of 1.5% per month until payment
   (d) Pedders reserves the right to withhold delivery of any further order until any amount which is not paid within the approved period is paid.
   (e) A Purchaser who has not completed the application for credit required by Pedders in full and has not been approved by Pedders in writing will not be recognised by Pedders as being entitled to credit terms.
   (f) Any legal expenses and fees incurred by Pedders in the recovery of any moneys owing in respect of the supply of goods shall be paid by the Purchaser.
   (g) The Purchaser acknowledges that failure to comply with Pedders trading terms as set out herein may result in termination of credit facilities
8.
   (a) Property in the goods shall not pass to the Purchaser until Pedders has received payment in full for the goods.
   (b) Until Pedders has received payment in full for the goods the Purchaser shall store the goods in such place and in such manner so as to ensure that they are capable of being clearly identified as the property of Pedders.
   (c) Notwithstanding the foregoing provision of this condition 8 where Pedders has not received payment in full for the goods the Purchaser shall be at liberty to sell and deliver the goods or any part thereof to a third party in the ordinary course of business provided that should Pedders so require the Purchaser will assign to Pedders all and several his rights in respect of the monies owing by the third party to the Purchaser therefore.
   (d) It shall be lawful for Pedders without previous notice to repossess the goods supplied pursuant to the Contract which these terms and conditions will form part and to enter any premises for the purposes of such repossession where the Purchaser fails to make any payment when due or commences to be wound up or is placed under official management or suffers a receiver or manager to be appointed or becomes insolvent or bankrupt or commits an act of bankruptcy.
9.
   (a) Any goods returned for credit must be received within fourteen days of the date of the relative invoice together with the advice of the relative number, the date of the invoice and a written statement of the reasons for the return of the goods.
   (b) All goods so returned must be in their original condition.
   (c) No credit will be issued for goods returned in excess of the said period of fourteen days.
   (d) No credit will be given in respect of goods specifically ordered or modified to the requirements of the Purchaser.
   (e) No freight charges for goods returned at the volition of the Purchase shall be acceptable unless authorised by Pedders in writing prior to the return of the goods.
   (f) In the event that goods are not suitable for credit the goods will be returned to the Purchaser and the Purchaser shall be responsible to reimburse the return freight charges and the handling charges advised by Pedders.
   (g) Acceptance of delivery of goods returned for credit does not signify agreement to issue a credit note. A credit note will not be issued until the goods have been inspected and found to be satisfactory in the opinion of Pedders. In the event that a credit note is not issued the Purchaser will be advised and the goods made available to the Purchaser.
   (h) No responsibility will be accepted by Pedders for any delays in raising credit where this is a consequence of goods being returned incorrectly branded or returned to any other destination that the Pedders warehouse or depot from which they were purchased.
   (i) Pedders reserves the right to impose a handling charge in respect of goods returned to Pedders.
10.
   (a) Each sale of goods shall be subject to the standard warranty of Pedders in force from time to time.
   (b) Pedders warrant the quality and condition of all products distributed by Pedders bearing the brand name of Pedders for a period of twenty four (24) months from the date of the invoice or until such time as the subject vehicle has traveled 40,000 kilometers from the date of installation of the subject goods, whichever occurs first.
   (c) If any goods supplied by Pedders are found upon examination by a Pedders representative to be defective in material or workmanship and if the goods have not been damaged by misuse, improper installation or operation, lack of maintenance or other cause beyond the control of Pedders the goods will be replaced or repaired by Pedders or Pedders will credit the Purchaser upon delivery prepaid of the goods to the warehouse or depot from which they were purchased. The cost of removal and/or installation of goods pursuant to the paragraph (c) is not covered by the standard warranty.
   (e) Pedders will not be liable for any damage caused by any goods to any vehicle or other component if in Pedders opinion the goods were incorrectly fitted by the Purchaser or the goods have been applied for a purpose for which the goods were not manufactured.
11. Save the foregoing warranty and to the fullest extent permitted by law including without limiting the generality of the foregoing the
   (a) All conditions, warranties, representations, liabilities and obligations whether implied or imposed by statute or otherwise in respect of the supply of goods including any conditions or warranties as to merchantability fitness for purpose or correspondence with description are hereby excluded:
   (b) All liability for loss or damage whether consequential or otherwise and whether arising from negligence or from any other cause whatsoever is hereby excluded
12. If any of these conditions (or any parts thereof) shall to any extent be held by any Court of competent jurisdiction to be ineffectual, invalid or unenforceable the remaining conditions (or parts thereof) shall not be affected thereby and shall remain in full force and effect.
13.
   (a) Any description of goods contained herein is given by way of identification only and use of such description shall not constitute this sale by description.
   (b) The Purchaser shall be deemed to have accepted that the goods correspond with sample (if any).