Terms of service

Effective Date: May 2026

These Terms of Service apply to your use of carbonoffroadusa.com (the “Site”) and to purchases made from Carbon Offroad USA.

1. GENERAL TERMS & LEGAL ENTITY

Legal Entity
This website, carbonoffroadusa.com, and the Carbon Offroad brand are owned and operated by KPD Industries Pty Ltd, a company incorporated in Queensland, Australia (ABN: 80 142 983 382).

Agreement
By accessing this Site or purchasing goods from us, you agree to be bound by these Terms of Service.

Currency
All transactions are conducted in United States Dollars (USD $).

Jurisdiction
These terms and any disputes arising from your use of this Site or the purchase of goods dispatched from our Utah 3PL warehouse facility are governed by the laws of the State of Utah, USA, without regard to its conflict of law principles.

2. EQUIPMENT USE, COMPLIANCE & INSTALLATION

Off-Road Use Only
Many of our products, including competition winches and suspension modifications, are designed specifically for off-road use.

It is the customer's sole responsibility to ensure vehicle modifications comply with all applicable local, state, and federal regulations, including DOT compliance where applicable.

Installation Liability
KPD Industries Pty Ltd is not liable for injury, death, or vehicle damage caused by incorrect or improper installation.

All winches, suspension components, and recovery gear must be installed and used by a competent, qualified person in accordance with provided safety guidelines.

3. PRODUCT INFORMATION, PRICING & TAXES

Product and Pricing Accuracy
While we strive for 100% accuracy, we do not warrant that product descriptions, images, or pricing are entirely error-free.

We reserve the right to cancel and refund orders in the event of a genuine pricing error, for example where a product is incorrectly listed at $0.00.

Sole & Exclusive Remedy
If a product offered by us is significantly not as described, your sole and exclusive remedy is to return it in unused, original condition in accordance with our Return & Refund Policy.

Sales Tax
We collect sales tax in jurisdictions where we have a legal obligation to do so, such as Utah.

For all other states, the purchaser is responsible for any applicable use tax or other local taxes. All prices are exclusive of sales tax unless otherwise stated at checkout.

4. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

Our Guarantee
We proudly stand behind the quality of our gear. Please refer to our Warranty Policy for the specific express warranties we provide for our winches and recovery equipment.

Warranty Disclaimer
Except for the express warranties stated in our Warranty Policy, KPD Industries Pty Ltd disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability
To the maximum extent permitted by applicable law, KPD Industries Pty Ltd excludes all liability for any indirect, special, incidental, punitive, or consequential loss or damage arising from the use of our products or website.

Our total liability for any claim shall not exceed the purchase price paid for the product.

5. COMMERCIAL TERMS — TITLE & RISK

Title
Ownership of goods remains with KPD Industries Pty Ltd until the invoice is paid in full.

Risk of Loss
Risk in the goods passes to the purchaser upon delivery of the goods to the carrier at our Utah 3PL warehouse facility.

Carbon Offroad is strictly not responsible for loss, theft, or damage during transit unless Carbon Offroad Shipping Protection was explicitly purchased at checkout.

If a customer declines this protection, they assume all risk once the carrier takes possession of the goods.

Intellectual Property
All website content, including text, graphics, and logos, is the property of KPD Industries Pty Ltd and is protected by United States, Australian, and international copyright laws.

6. DISPUTE RESOLUTION & CLASS ACTION WAIVER

Arbitration
Any dispute or claim relating in any way to your use of our website or products will be resolved by binding arbitration, rather than in court, conducted in the State of Utah, USA.

Class Action Waiver
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

You waive your right to participate in a class-action lawsuit against KPD Industries Pty Ltd or Carbon Offroad.

7. OTHER APPLICABLE POLICIES

Your use of our website and purchase of products are also governed by our other store policies, which are incorporated into these Terms of Service.

These documents can be found at any time through the links in the footer of our website, including our:

  • Privacy Policy
  • Return & Refund Policy
  • Shipping Policy
  • Warranty Policy