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.

1. Definitions

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. Contract

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:

  1. 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.
  2. 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.  Term

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.
c) Accounting.
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. General

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.