These are the contractual terms on which Trackuz Telematics Limited ‘Trackuz’ (company number 09875585) offer to contract with its customers. No other terms of contract will apply to any contract entered into by Trackuz with its Customer unless previously accepted in writing by its director David McIntyre.
The following words and phrases will have the meanings ascribed to them:
Commencement Date: The date on which Trackuz confirms to the Customer by email or in writing receipt of the Customer’s acceptance of the Purchase Offer.
CRA: The Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 and any subsequent legislation intended to legislate as to the terms to be implied into consumer contracts.
Customer: Any individual, partnership, company, LLP or other trading organisation whose order has been accepted by Trackuz.
DSR: The Consumer Protection (Distance Selling) Regulations 2000.
Equipment: Telematics, recording and monitoring equipment supplied by Trackuz.
Equipment Costs: The contract price for the supply of Equipment.
GDPR: The General Data Protection Regulations EU regulation 2016/679.
Independent Installer: Any person or company engaged by the Customer to install, modify or repair the Equipment.
Initial Term: Means 12 calendar months from the Commencement Date expiring at midnight on the eve of the first anniversary of the Commencement Date.
Purchase Offer: The order for Equipment and Services in the terms offered in writing by Trackuz to the Customer and subsequently accepted by the Customer.
Services: Telematic, cellular, telecommunications, monitoring, gateway, hosted server, installation, licensing and support services to be provided by Trackuz to the Customer as described in the Purchase Offer.
Service Charges: The charges payable by the Customer to Trackuz for the supply of the Services to the Customer.
The Terms and Conditions of Contract: These terms and conditions of contract.
Trackuz Warranties: The warranties given by Trackuz to the Customer in clause 3.1 of the Terms and Conditions.
Vehicles: The particular motor vehicles identified in the Purchase Offer.
2.1 The terms of contract between Trackuz and the Customer shall comprise of:
a) The Purchase Offer
b) The Terms and Conditions of Contract.
2.2 Purchase Offers are only valid for acceptance for a period of 28 days from the date endorsed on the order by Trackuz.
2.3 Purchase Offers can be withdrawn by Trackuz at any time prior to acceptance by the Customer.
2.4 Any purported acceptance of terms by a Customer which contains terms different to those contained in the Purchase Offer or which seek to incorporate terms which differ from the Terms and Conditions of Contract shall have no effect unless previously agreed in writing by Trackuz director David McIntyre.
2.5 Save and except for any terms which might seek to exclude or restrict Trackuz’s liability for fraudulent acts, death or personal injury, Trackuz and the Customer agree that no additional contractual terms, guarantees are warranties are to be implied into the contract between them.
2.4 The Customer acknowledges and warrants that this is a business to business transaction and that:
- they have had the opportunity of taking advice on and giving consideration to the terms of contract proposed by Trackuz and the opportunity of proposing alternative terms of contract for Trackuz’s consideration.
- the CRA do not apply.
2.5 The Equipment Costs and Service Charges shall be those specified in the Purchase Offer and no variation in either shall apply unless previously agreed in writing by Trackuz director David McIntyre.
2.6 The Customer acknowledges that when accepting the Purchase Offer it has
a) not relied on and shall have no remedy in respect of any statement or representation made by or on behalf of Trackuz as to the quality, performance or suitability of the Equipment or the Services.
b) satisfied itself as to the suitability of the Equipment and Services to their needs.
3. Quality and Performance
3.1 Trackuz warrant that subject to matters set out in the Terms and Conditions that in all material respects;
a) The Equipment shall be of satisfactory condition and shall materially correspond with the description set out in the Purchase Offer.
b) the Services shall be provided with reasonable care and skill.
3.2 The Trackuz Warranties will be invalidated and shall not apply if:
a) the Customer engages an Independent Installer to install, modify or repair the Equipment.
b) the Customer interferes with the Equipment.
c) the Customer fails to maintain the Vehicles in a condition which enables the Equipment to work within its design parameters
d) the Customer fails to protect the Equipment from excessive heat, cold, liquids, corrosive materials, dust or other physical contaminates.
e) the Equipment is subjected to outside interference particularly but not exclusively software viruses or hacking.
4. Limitations on Liability
4.1 Trackuz’s liability to the Customer shall not in any circumstances exceed the aggregate of the Equipment Costs and Services Charges paid the Trackuz by the Customer at the date of any claim.
4.2 Trackuz shall not be liable for any loss of profits or indirect consequential losses suffered by the Customer as a result of any failure on the part of Trackuz.
4.3 Trackuz shall not be liable for any loss suffered by the Customer as a result of the taking, or theft of or willful damage caused to Vehicles or resulting from the theft or attempted theft of goods from Vehicles.
4.4 The Customer acknowledges that the Equipment uses GSM/GPS tracking technology and that the operation of the Equipment and Trackuz’s ability to provide Services may be adversely affected by:
a) atmospheric and geographical conditions
b) satellite failure
c) failures on the part of cellular network providers
d) strike, civil disobedience
e) acts of terrorism
In the event of such events Trackuz will not be liable to the Customer under the Warranties.
4.5 The Customer acknowledges that software used in the delivery of the Services is technical and may be prone to minor or inherent programming defects. Trackuz will use all reasonable endeavors to remedy such defects when they are reported to them but the expectation of Trackuz using those endeavors shall be the Customers sole remedy.
4.6 In the event of failure of the Equipment the Customer will allow Trackuz every reasonable opportunity to repair or replace the Equipment and Trackuz shall not be subject to any claim action or demand from the Customer unless and until the Customer has first discharged its obligations under this clause.
4.7 Time shall not be of the essence in the provision of Services by Trackuz.
5. Payment, Risk and Title
5.1 Payment by the Customer of Equipment Costs will be made immediately upon Trackuz completing the installation or in the event that the Customer has elected to use an Independent Installer immediately on delivery to the Customer.
5.2 Trackuz will be under no obligation to commission the Equipment until payment in full of the Equipment Costs.
5.3 Risk in the Equipment passes to the Customer upon delivery by Trackuz of the Equipment to the Customer.
5.4 Title in the Equipment will only pass to the Customer upon payment of the Equipment Costs.
5.5 Payment by the Customer of the Service Charges shall be made promptly to Trackuz by bank direct transfer on the same banking day of each calendar month stated in the Purchase Offer or in default of such a day being specified the last banking day in each calendar month during the term of the contract.
5.6 In the event that any one payment of Equipment Costs or Service Charges being more than 7 days in arrear Trackuz shall be at liberty:
a) To suspend the provision of Services to the Customer.
b) To terminate the contract between the Customer and itself by the service of notice by email or post.
c) To charge the Customer interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998
6.1 This agreement shall start on the Commencement Date and continue for the Initial Term and thereafter until the expiry of not less than one calendar month’s notice given by either Trackuz or the Customer.
6.2 Trackuz and the Customer acknowledge that the contract between them is not a Consumer Contract for the purposes of the DSR and that the Customer does not have a statutory or contractual right of cancellation after acceptance of the Purchase Offer.
6.3 Upon termination the Customer shall remain liable for any outstanding Equipment Costs and Services Charges due to Trackuz up to the date of termination.
In accordance with GDPR Trackuz processes customer data for contractual purposes. Trackuz will not share information about you with third parties without your consent or unless the law requires Trackuz to do so. Trackuz are required by law to pass on some information to government authorities.
All information is confidential & stored securely in accordance with GDPR regulations & the Data Protection Act 1998.
If the Customer wishes to opt out, the Customer should contact by email.
7.1 The Customer expressly authorises Trackuz to retain and to disclose to relevant third parties data relating to the Customer, its business, its servants and agents for the purposes of:
a) Providing the Services.
b) Repairing and maintaining the Equipment.
d) Marketing addressed to the Customer.
7.2 Trackuz agrees to take reasonable steps to safeguard data supplied by the Customer in accordance with its obligations under GDPR.
7.3 The Customer agrees to take reasonable steps to safeguard data supplied by Trackuz in accordance with its obligations under GDPR.
7.4 The Customer authorises Trackuz to monitor the movement of Vehicles for test and demonstration purposes.
8.1 Notices sent by either party under this agreement must be served either in writing sent by signed-for post addressed to the addresses set out on the Purchase Offer (or such other address as may have been notified in writing or by email with read receipt) by signed-for post or by email to the email addresses provided by Trackuz or the Customer to the other to which a read receipt has been given by the recipient.
8.2. The contract between Trackuz and the Customer shall be governed by the laws of England and Wales and the parties agree that the Courts of England and Wales shall have exclusive jurisdiction to determine any disputes that might arise between them as to matters arising in respect of the performance of the contract.