Terms and Conditions of Trade

These Terms apply where Pedders Shock Absorber Service Pty Ltd ACN 004 848 435 ('Pedders', 'we', 'us', 'our') supplies Products to a customer ('you', 'your', 'Customer') or allows a Customer to request Services (Terms).

1.1 You accept these Terms, as amended from time to time in accordance with clause 3, by placing an Order for Products.

1.2 Once these Terms are accepted, a contract is formed between you and Pedders.

1.3 Pedders may update these Terms from time to time and the altered terms shall apply to Orders/Online Service Requests placed online by the Customer after such notification and will supersede all previous terms and conditions specified by Pedders.

1.4 It is your responsibility to check the applicable terms on the Website before placing an Order. The Terms that will apply to an Order are the Terms that apply as at the date the Order is placed.

1.5 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Products may vary slightly from those images. Accordingly, to the maximum extent permitted by law we will not be liable for any inaccuracy in the photographs of our Products displayed on the Website. If you have any questions about the Products, you may contact us by emailing us.

2.1 The Customer may place an order for Products via the Website.

2.2 Each Order placed by the Customer will constitute an offer by the Customer to acquire the Products from Pedders on and subject to these Terms.

2.3 Pedders reserves the right to accept or reject any Order.

2.4 Pedders will advise the Customer in writing if an Order is accepted by sending a confirmation email to the email address provided by the Customer at check out. A contract will only come into existence upon Pedders accepting an Order.

2.5 It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number, address for delivery and email address) is correct and to notify Pedders of any changes to such information.

3.1 The Customer may make an Online Service Request in respect of the provision of Services via the Website. You accept these Terms, as amended from time to time in accordance with clause 3, by placing an Online Service Request.

3.2 It is your responsibility to check the applicable terms on the Website before submitting an Online Service Request. The Terms that will apply to the Online Service Request are the Terms that apply as at the date the Online Service Request is placed.

3.3 The Customer, by populating and submitting the Online Service Request form, makes an offer to the selected Pedders store (Selected Store) to acquire the Service(s) nominated by the Customer in the Online Services Request form.

3.4 The Customer acknowledges that:

• 1. these Terms do not govern the supply of the Services themselves; and
  2. when it signs the service terms and conditions at the counter of the Selected Store it is entering into a contract with the Selected Store. Many Pedders stores are franchised - in that case, Pedders will not be a party to the terms between you and the Selected Store.

3.5 The Selected Store reserves the right to accept or reject any Online Service Request.

3.6 If a Selected Store accepts the Online Service Request, the Selected Store will contact the Customer via email or phone to confirm the booking.

3.7 The Customer will be contacted by the Selected Store one day prior to the date on which the Services are to be provided via SMS.

3.8 Payment for the Services will occur after the Services have been performed by the Selected Store and must be paid directly to the Selected Store.

3.9 If the Customer cancels a Service or doesn't show up, any cancellation/no-show fee and any refund will depend on the Selected Store's policies.

4.1 Pedders may run educational online training sessions in relation to its Products and their use (Online Training Session).

4.2 The Customer may register for an Online Training Session via the Website.

4.3 The Customer acknowledges that:

• 1. these Terms do not govern the supply of the Online Training Sessions themselves; and
  2. Online Training Sessions will have their own terms and conditions which the Customer must accept before a registration will be accepted by Pedders.

We reserve the right to change the assortment of items offered on the Website from time to time without prior notice to you. We will not be liable if any Product is out of stock or otherwise unavailable.  If you place an Order and make payment, but the Product is out of stock or otherwise unavailable, we will refund any monies paid by you in respect of that particular Product.

6.1 Delivery zone

Products purchased via the Website may be delivered in Australia or overseas (if permitted by us). The Products will be shipped to the delivery address specified during the ordering process.

6.2 Shipping

During the ordering process, we will inform you of the estimated standard time required for delivery and the various forms of delivery available for the Products purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs depend on the value of the Order (and in some circumstances, the size and weight of the Products) and the delivery service chosen. We reserve the right to divide the Order into partial shipments. In this case, your credit or debit card will only be charged for a single shipment. While we cannot guarantee a delivery time because we use third party delivery providers, we may from time to time provide general shipping guidelines on our Website.

6.3 Click and Collect

• 1. Click and Collect is a complementary delivery option available at participating Pedders stores. By choosing "Click and Collect," you can choose which Pedders store you would like to collect your Order from. Please check the opening hours for your selected store on the Website.
  2. We will confirm by email:
     1. when your Order has been dispatched; and
     2. when the Order is ready for collection at the store you select.

7.1 Reservation of title

Products ordered by you will remain our property until we have received full payment for the Products.

7.2 Retention of Title for Trade Credit Account Customers

Pedders retains legal title in any Products supplied to customers that are trade customers until Pedders has received full payment for the Products. Trade customers are those customers that are acquiring goods for on-sale. Until payment in full has been received, the following terms apply.

1. As between a trade customer and the purchaser of any item of the Products the trade customer sells as principal and not as agent of Pedders. The proceeds of the sale of each Product must be held by the trade customer in a separate fund on trust for Pedders and the trade customer is under a duty to account to Pedders for such proceeds. The creation of, or any failure of, any such trust shall not in any way limit the obligation of the trade customer to pay an amount to Pedders for the Products.
2. The trade customer must keep the Products safe and free from deterioration, destruction, loss or harm, clearly designate the Products as the property of Pedders, store them in such a way that they are clearly identified as the property of Pedders and keep full and complete records, firstly, of the physical location of the Products and, secondly, the ownership of the Products by Pedders.
3. Pedders or its agents are irrevocably entitled at any time and from time to time before sale of any Product by the trade customer to inspect or to recover and retake possession of such Products and otherwise exercise, in relation to the Products, any of its rights whether those rights are as owner and/ or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other way. In order to exercise such entitlement, Pedders and its agents are irrevocably authorised by the trade customer to enter the trade customer's premises or vehicles. Pedders and its agents agree to take all reasonable care in removing the Product from such premises or vehicles but, to the extent this liability may be disclaimed by law, are not liable for any damage or injury to such premises caused by the removal of the Products.
4. This reservation of title and ownership is effective whether or not the Product has been altered from their supplied form or commingled with other goods.

7.3 Risk

We retain all risk and responsibility for Products ordered by you until the Products are delivered to you.  You accept and bear all risk for the Products (including loss, theft, or damage of any Products) after the Products have been delivered to you. For the purposes of this clause "delivered" means when the Products are physically delivered to your address (even if they are subsequently stored at Australia Post or other collection location for you to collect if you are not available to physically receive the Products) or, in-store under a Click and Collect order arrangement.

7.4 Pricing and payment

• 1. The prices of our Products are indicated in Australian Dollars (AUD) and inclusive of applicable taxes. All Orders are payable in Australian Dollars (AUD) (Price).
  2. The prices of our Products are exclusive of all other charges including but not limited to installation costs, freight and shipping costs and engineering fees (which will be charged in addition to the Price, as applicable) (Additional Costs). Any Additional Costs, to the extent known at the time of ordering, will be advised to you during the order process.
  3. We reserve the right to modify the price of Products offered on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time your Order is submitted by you. Unless the Customer has a Credit Account, the Customer must pay the Price in full at the time of purchase.
  4. We only accept payment through the following credit and debit cards: Visa, Mastercard and Amex. A merchant fee may be charged at the time of payment. If such a fee is to be charged, we will advise you of the fee at the time of payment.

Subject to any Non-Excludable Rights:

1. Pedders may cancel an Order after it has been accepted where it is reasonably required to do so.
2. The Customer may not cancel an Order after it has been accepted (Accepted Order) without Pedders' consent (which will not be unreasonably withheld).
3. Subject to any Non-Excludable Rights:
   1. Pedders will not consent to an Order cancellation or provide any refund or exchange in respect of Products that are customised to the Customer's preference or are otherwise non-stock or bespoke products; and
   2. if Pedders consents to an Order cancellation, the Customer acknowledges and agrees that if the Order contains Products which are stocked (non-customised) items, the Customer will receive a refund less a reasonable restocking fee for the costs Pedders will incur for inspecting, repacking and restocking returned Products.

Subject to any Non-Excludable Rights you may return a Product for a refund or exchange within 30 days with proof of purchase, except where the Product:

1. is discontinued;
2. is not in resalable condition;
3. is a tyre or other product that has been fitted to your vehicle; or
4. is not in its original packaging. 

10.1 Australian Consumer Law

Nothing in these Terms is intended to have the effect of excluding:

1. any Consumer Guarantees; or
2. any other applicable law that cannot be excluded, restricted or modified by agreement of the parties,

(collectively Non-Excludable Rights).

10.2 Defective Products

• 1. The Customer must, as soon as possible after delivery of the Products (and no later than 7 days) check whether the Products are Defective Products.
  2. Subject to clause 1, Pedders will not be liable for any Defective Products unless the Customer notifies Pedders with full details and a description within the period from the time of delivery within which it would be reasonable to expect the relevant defect to be identified or become apparent otherwise the Customer is deemed to have accepted the Products.

10.3 Remedies

Subject to clause 10.1 and to the maximum extent permitted by law, our liability in respect of any defective Products, breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) or for any other Loss or Claim however arising, is limited to the following:

1. the replacement of the Products or the supply of equivalent products;
2. the repair of the Products;
3. the payment of the cost of replacing the Products or of acquiring equivalent products;
4. the payment of the cost of having the Products repaired; or
5. where the Purchaser is not a Consumer, provision of a credit note.

11.1 Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in that Act.

11.2 Unless otherwise stated, any amount specified as the consideration payable for any taxable supply includes any GST payable in respect of that supply.

11.3 Each party agrees upon request to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these Terms.

11.4 If an adjustment event arises in relation to a taxable supply made by a party under these Terms (supplier), the amount paid or payable by the party to whom the taxable supply is made (recipient) will be amended to reflect this and a payment will be made by the recipient to the supplier or by the supplier to the recipient, as the case may be.

12.1 These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Pedders and the Customer submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.

12.2 If the whole or any part of a provision of these Terms is void, unenforceable or illegal it is severed. The remainder of the Terms continue to have full force and effect. 

12.3 We are not responsible for any delay in, or failure of, performance of our obligations under any these Terms arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, epidemic, pandemic, failure in information technology or telecommunications services, failure of a third party and industrial action. Please note that nothing contained in these Terms in any way affects your statutory rights under the Australian Consumer Law.

12.4 A waiver of a right, remedy or power must be in writing and signed by the party giving the waiver. A party does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.

In these Terms:

1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts.
2. Claim includes any claim, notice, demand, suit, action, proceeding, litigation, investigation, judgement, damage, loss, cost, expense or liability, however arising.
3. Consumer has the meaning given to it in section 3 of the Australian Consumer Law.
4. Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law.
5. Credit Account means a credit account with Pedders (or a Related Body Corporate of Pedders) approved by Pedders.
6. Defective Products means Products that are defective in design, performance or workmanship.
7. GST has the meaning given to that term pursuant to the GST Act.
8. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (as amended, updated and replaced from time to time).
9. Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees and expenses on a full indemnity basis).
10. Non-Excludable Rights has the meaning given in clause 1.
11. Online Service Request means a request for Services placed by a Customer with a Selected Store in accordance with clause 1.
12. Order means an order placed by a Customer in accordance with clause 2.
13. Price has the meaning given in clause 4(a).
14. Products means products offered for sale by Pedders on the Website.
15. Related Body Corporate has the meaning under the Corporations Act 2001 (Cth).
16. Selected Store has the meaning given in clause 3.
17. Services means brake, steering and suspension check, wheel alignment service, battery testing and replacement, towbar installation, power steering maintenance & repair and such other services that may be offered via the Website.
18. Website means pedders.com.au and any other websites owned and operated by Pedders.  

These Terms and Conditions were last updated in October 2024.