TERMS AND CONDITIONS
In these Terms and Conditions:
“The Company” means Tracking Products
Tracking Products is a marketing name used by Vehicle Tracking Systems Ltd to market a range of tracking products and is wholly owned by Vehicle Tracking Systems Ltd
Tracking Products own and operate the website www.trackingproducts.co.nz
Tracking Products supplies all Equipment and provides all Warranties.
“The Client” means the person, firm or company who has purchased Goods or Services from the website, www.trackingproducts.co.nz
“The Equipment” means the equipment purchased from the website www.trackingproducts.co.nz
“Services” means any Services purchased from the website, www.trackingproducts.co.nz
and may include services provided by Landing Platforms provided by third party providers
“Landing Platforms” are the recipient of the signals from the Tracking Device and provide the client with services and reports including the location of the vehicle. The Service level of each Platform varies
- TERMS OF SUPPLY
The Company or its agents agree to sell and The Client agrees to purchase the Equipment and or Services for the price stated on the website and on the terms and conditions hereinafter appearing.
All Prices on the Website include GST
Purchases over $100 are freight free within New Zealand; purchases under $100 have $10 of freight added to their Website Price
No contract for the supply and if applicable installation of Equipment or for Maintenance, Monitoring or Servicing shall be made except on these Conditions of Purchase and any terms proffered by the Client are hereby excluded.
If a Verbal or written Quotation has been provided the Quotation remains open for acceptance for three months from the date of the quotation, unless earlier withdrawn by the Company.
Products purchased through this website and financed through a Finance Company may be cancelled by The Company if the Client fails the Companies Credit Requirements. In this situation The Company will provide notification in writing to the client.
- STANDARDS / APPROVALS OF THE EQUIPMENT
All Products listed on this Website comply with New Zealand Standards and are approved for use in New Zealand by the appropriate authorities, and all have a Valid New Zealand based Warranty.
- PHONE SUPPORT & FAIR USAGE
All products sold on the Website include Free Phone support. Where tracking Product’s technical experts Provide Free Phone Support the following Fair usage conditions apply.
Free phone support is provided on the basis that the Purchaser or their Installers are competent to install and program the equipment and have a basic knowledge of how the equipment operates.
Free Support for each product is limited to a Maximum of 12 Minutes of Phone support. If The Client requires more support then all extra minutes will be charged, The Company also provides an on-site technical service at the client’s cost.
The risk of any loss, damage or destruction to the Equipment shall pass to the Client from the date on which the Equipment is dispatched to The Client. If the damage, destruction or loss occurs prior to the risk passing to the Client, the Company may promptly repair or replace the equipment or cancel this contract in respect of that equipment without penalty or compensation being payable to the Client.
- EQUIPMENT PRICE
The Equipment Price is based on the costs of labour, materials, freight, insurance, customs duties, exchange rates and other levies and charges.
If the Company is unable to supply any particular item of Equipment within 10 working days of purchase then The Client will be refunded in full.If the Company is unable to supply any particular Service purchased within 15 working days of purchase then The Client will be refunded in full.
- PAYMENT OF EQUIPMENT PRICE AND / OR ANY ONGOING SERVICES
The Client must pay by Credit Card, Direct Credit or Cheque.
Where Equipment or Services have been installed or provided by The Company payment (or where progress payments have been made, the final balance thereof) shall be made on the date on which the installation of the Equipment is completed, unless different payment terms have been arranged.
Ownership of the Equipment shall remain with the Company until such time as the Equipment is paid in full and if such payment is not made pursuant to the terms hereof the Company shall, without prejudice to its other rights and remedies be entitled to repossess the Equipment and hold it until payment in full has been received, or at the Company’s discretion re-sell the Equipment and recover any deficiency on resale plus the costs of repossession from the Client.
The Client irrevocably authorises The Company to enter its premises by any means to repossess the equipment.
The Client is bound to this Agreement and must pay all costs involved (including but not limited to the costs of repossessing the equipment and arranging and executing collection of the said equipment)
- PAYMENT OF THE PLATFORM ACCESS PRICE
Where a Landing Platform is provided for and charged by a third party provider then the Provider of the ongoing recurring Monitoring Costs contract takes precedence over these terms and any conditions and the terms and conditions herein that are contradictory are not applicable.
Where a Landing Platform is provided for and charged by The Company then these terms and conditions are applicable. The ongoing monitoring costs must be paid by either Automatic Payment or by Credit Card, unless the client pays 12 monthly in advance in which case Direct Credit or Cheque are acceptable.
At the end of the contract term the contract will automatically roll over as per this agreement.
The Company or its agents may:
Obtain personal credit information from a credit reporting agency for the purpose of assessing any Tracking Product purchases or for service and installation work.
Disclose any information provided by the client to a credit agency, and, make any other enquiries necessary to establish the client’s credit worthiness, including obtaining information regarding the Client’s financial position.
The Client agrees that all information they give the Company is correct and the client has the right to ask the Company what information the Company holds and can correct that information if any of it is incorrect.
The Client agrees that information the Company holds can be used by the Company for any purpose in connection with the Company providing the services to the Client.
The Client agrees that information the Company holds can be used for marketing purposes by the Company.
- INSTALLATION AND FACILITIES
If the Client has purchased Installation or Monitoring services from The Company as soon as the Client has obtained any necessary consents and permits The Company will proceed to install the Equipment.
The Client will provide the Company with unrestricted access during normal business hours or hours as agreed for the purpose of installing the Equipment. The Client shall provide at its own cost the uninterrupted use by the Company such, light, electricity, power, and other facilities as may be reasonably required by The Company, including the use of telephone and goods and passenger lifts, Scissor Lifts, hoists and builders scaffold, if such facilities exist.
Ownership of the Product Purchased passes to the client once The Company has received payment in full for the Product and it has been dispatched on the Courier or delivery Vehicle
When The Client Finances a Product or Service through a Rent to Own agreement The Finance Provider retains ownership of the equipment as provided within The Finance Provider’s Conditions of contract or until the final payment has been made.
When The Client Finances a Product or Service through a lease agreement The Finance Provider retains ownership of the equipment as provided within The Finance Provider’s Conditions of contract. Upon completion of the then current term the contract automatically rolls over as provided in The Finance Provider’s Conditions of contract or can be terminated as provided within the provisions of their contract.
For the Warranty period specified for each individual product on this website The Company’s liability of any defects or faults in the Equipment shall in all cases be limited to replacing, repairing or correcting such defects or faults provided that The Client notifies The Company of such defect of fault within five (5) working days of the fault becoming apparent and provided that such defect or fault does not arise from negligence, misuse or vandalism in relation to the Equipment.
DIY products damaged by poor or incorrect installation techniques are excluded from all warranties as are malfunctions attributable to the incompatibility of the Equipment purchased when connected to any existing Equipment.
Damage caused by Lightning Strikes, Power Surges, Accidents, Water Damage and “Acts of God” are excluded from all Warranties
The Company may, at its option, repair or replace any defective parts of the Equipment.
The Warranty does not include labour costs for removing and reinstalling equipment, nor does it include inwards freight costs, however The Company will freight the product back to the Purchaser free of charge.
If you have a Labour Warranty where The Company has installed the products then this Warranty period is for 12 Months.
If you are a ‘Consumer’ as defined in any Consumer Guarantees Act, then you may have rights under that Act. Those rights will be in addition to anything set out in these terms. Any of these terms which have the effect of contracting out of that Act shall be of no effect.
- EXTENDED WARRANTY
Where the client finances a product or service through a Finance Agreement then The Company recommends that The Client signs an Extended Warranty with the Finance Provider to cover any warranty issues during the Finance Term.
The Company shall not be liable for any delay in performing its obligations hereunder or losses or damages in respect of the Equipment caused directly or indirectly by weather conditions, labour, robbery, dispute, strike, lockout, accident, fire, Act of God, shortage of fuel, power, raw materials or labour, civil commotion, riots or any other event (whether of a similar nature to the foregoing or not) beyond The Company’s control, or due to any act to omission of The Client, or its servants or agents.
- SERVICING AND MAINTENANCE
Where The Company carries out servicing and maintenance of the Equipment, following each such inspection will notify The Client of any extra recommended maintenance work required to the Equipment. The Company shall be entitled to charge The Client the current service charge out rates for all servicing and maintenance of the Equipment, and for extensions to the system which The Client requests The Company to carry out.
Where the Equipment is sending No Signals OR corrupted signals to a Landing Platform it is the responsibility of The Client to organise and pay for the Equipment to be serviced and to pay for any fines or penalties assessed by any Emergency Service or Government Authority.
- LANDING PLATFORMS
In consideration of any Landing Platform Services provided for by The Company, The Company or its agents shall provide to The Client a continuous service. The Client acknowledges that while the Landing Platform has full redundancy and operates to an industry standard of 95% availability very occasionally Acts of God occur to prevent a continuous service being provided.
The Client acknowledges that the signals are transmitted over Cellular links and if the service is out of order, disconnected, suspended, call blocked, cut or otherwise interrupted the Landing Platform will not receive the signals during any such interruption and the interruption will not immediately be known to the Landing Platform.
“Landing Platforms” includes the Service that provides the Platform which all Tracking Devices connect to with the purpose of providing the User with Location reports and may raise an alarm including but not limited to Security, Medical, Safety, Personal and Fire.
The Client acknowledges that Equipment, including equipment with a backup Battery relies on a direct supply of electricity and if such becomes unavailable the equipment will cease to operate at some time, and further acknowledges that the power supply is wholly beyond the control of The Company.
Purchase Agreements come into force on the date they are signed by both the parties. The Agreement shall continue for the term specified and thereafter for successive periods of two years unless not less than one month prior to expiration of the minimum term specified or any subsequent term either party has given notice to The Company to terminate the agreement upon expiry of the then current term.
Where a Tracking Product is Monitored by the landing Platform or a Monitoring Company the Response Provider shall respond to calls received from the Equipment by making such telephone calls as may be required in accordance with The Client’s advance written instructions and carrying out such other services as shall have been arranged between The Company and The Client including dispatching the appropriate response service.
The Client acknowledges that The Company does not employ or directly provide Response Services (except if notified to The Client in writing) and The Company makes no warranties or representations with respect to response times or performance and The Client agrees to indemnify The Company against any claims arising out of any Response Service.
The Client acknowledges that they are responsible for all charges for Response including but not limited to Security Patrols, Fire, Ambulance, Emergency Rescue Services and any other emergency or rescue services, these charges are in addition to the monitoring cost or Platform Access costs.
Where the Company is providing Emergency Response services to The Client, The Client agrees that these charges will vary from time to time depending on the charge out rates of the service provider.
The Client directs the Response Company to detain and cause the arrest of any person found on or around The Clients premises and equipment without authorisation and deliver them into Police Custody. In all such cases The Client agrees to the maximum extent permitted by law, to indemnify The Company and their agents and respective employees from liability and from all costs, damage or expense including legal fees as a consequence of such arrest or detention.
The Client acknowledges that they are responsible for any damage caused by a response service in providing their service.
Where the Company or their agents are providing Response services to The Client, The Client agrees that they will pay the charges for all Responses within 7 days of invoice.
Response charges charged for all Police, Fire, Search and Rescue, Security, Emergency and Ambulance Responses will be charged to The Client and will be based on the current charge out rates of the service provider plus a booking fee.
- LANDING PLATFORM CHARGES
The Charges shall commence from the Supply Date, and be paid in advance by The Client in accordance with this Agreement.
No instalments paid during the term of this Agreement shall be refundable to The Client.
Any of the charges referred to in this agreement may be varied from time to time by The Company giving notice in writing to The Client at any time stating the amount of such new charge or charges and the date (being a date not earlier than three months from the date of the notice) from which the new Charge or Charges take effect. If required to by The Company, The Client agrees they will sign a replacement authority required by virtue of variation of those Charges.
- EXCLUSION OF LIABILITY
Notwithstanding anything otherwise contained in these conditions, The Company shall not be liable (whether in contract, tort, (including negligence) or in any other manner whatsoever) for any loss or damage (whether direct, indirect or consequential) suffered by The Client or any third party in relation to the Equipment or Services or The Client’s use thereof, whether due to the negligence of The Company or its servants or agent, or any breach by The Company of any term of provision expressed or implied herein or arising otherwise howsoever, and where The Company undertakes maintenance, servicing or monitoring, The Company shall not be liable for any failure of The Company or its agents for the carrying out of any instructions of The Client.
It shall be The Client’s responsibility to arrange insurance cover in respect of the Equipment, and to arrange insurance cover in respect of any loss or damage The Client may suffer as the result of any failure of the Equipment to operate correctly, or any negligence or breach of any term expressed or implied herein by The Company or its servants or agents.
The Company shall not be liable in respect of any professional advice which may be given in relation to the Equipment which is given in a negligent manner or is incorrect in any respect, and The Client acknowledges that it has relied solely on its own judgement in relation to its requirements in respect of Equipment and the adequacy of the Equipment to carry out the purpose for which it was intended.
The Client agrees that no claim or allegation shall be made against any servant or agent of The Company which attempts to impose upon any of them any liability whatsoever in connection with the Equipment, its operation or function, the carrying out of any service inspections, the monitoring of calls, the performance or non-performance of The Client’s instructions or any advice or information given by them, and if any such claim or allegation should be nevertheless made, to indemnify The Company and any such servant or agent against all consequences thereof. It is hereby expressly agreed and declared that all provisions limiting or excluding the liability of The Company herein contained shall be for the benefit of all servants, agents, contractors and subcontractors of The Company.
Except as set out in Clause 10 no other warranty, condition or representation is made or given by The Company in respect of the Equipment or in respect of any services which may be undertaken by The Company hereunder, and all other conditions, representations, warranties and undertakings implied by law are hereby excluded.
Notwithstanding the foregoing, if The Company shall be found to have any liability to the client it is agreed and acknowledged that any liability shall not exceed the price of the relevant equipment and/or services purchased from The Company.
If The Company has undertaken maintenance, provided goods or services or monitoring services hereunder:
If The Client shall commit a breach of any provision of this agreement (whether consisting of failure to pay any moneys due to The Company or otherwise) then without prejudice to The Company’s other rights and remedies, The Company may elect to give notice to The Client declaring that all unpaid instalments for the balance of the Term or any renewals thereof as the case may be are forthwith due and payable, and The Client hereby agrees to pay immediately to The Company all such unpaid instalments.
If after receiving notice from The Company requiring payment of the balance of any Service Charges The Client shall pay the full amount of the sum or sums specified in the notice, they shall then be entitled to ongoing services for the respective balances of the Agreement Term.
In addition to or in lieu of taking one or more of the actions aforesaid The Company may terminate any services without notice and recover from The Client any damages which The Company may have suffered by reason of The Client’s breach or default or by reason of the termination of this agreement.
If at any time The Client is in breach of any obligation on his part hereunder, The Company’s obligations hereunder shall be suspended from the date of such breach occurring.
If at any time the client is in default under this agreement then The Company shall be empowered as follows:
The Company may recover All the Equipment initially supplied to the client, and claim all amounts for any missing and damaged equipment, a depreciation expense of 20% per year, the debt owed by The Client as well as the Companies costs or expenses (including actual legal costs and expenses) arising from the default or non-performance by The Client.
The Client agrees that they are responsible for all debt collection costs incurred by The Company in remedying the default
The Client shall pay penalty interest at the rate of 2.0% per month (calculated on a daily basis until the account is paid in full)
- PERSONAL PROPERTIES SECURITIES ACT 1999 (PPSA):
Full legal ownership of the equipment does not pass to the client until full payment has been made to and received by The Company. Until that time The Client acknowledges and agrees that a security interest is taken in all the equipment supplied by The Company to The Client.
The Client undertakes to sign any further documents and provide any further information The Company may reasonably require to register a financing or financing charge statement on the PPSR and waive their right to receive a verification statement in accordance with section 148 of the PPSA
This agreement and any of The Company’s rights and obligations under this agreement may be assigned or sub contracted by The Company without the prior consent of the client.
The interest of The Client under the Agreement shall be transferable only with the written consent of The Company first hand and obtained which consent may be withheld by The Company for any reason.
- MEETING OUR DUTIES THROUGH AGENTS
We may have an agent perform any of our obligations and duties to you. Each agent and their officers and employees shall have the benefit of any terms that confer benefits to us and they shall provide to you the service as outlined in these terms and conditions
- ENTIRE AGREEMENT
The Agreement contains the whole of the terms of the agreement between the parties hereto and all other terms, conditions and warranties which might otherwise have been implied or have had any application are hereby to the extent permitted by law expressly excluded.
- INTELLECTUAL PROPERTY
The sale of any equipment or services shall not, unless expressly agreed in writing, give The Client the right to use, sell, disseminate or duplicate The Company’s trademarks, copyright designs or any other intellectual property rights.
All notices to be given under the Agreement shall be signed by or on behalf of the party giving such notice and shall be served by email, and any such notice shall be deemed to have been duly given on the date of the email.
No variation of the terms of this Agreement shall be binding on The Company or The Client unless in writing signed by or on behalf of both parties.
- CLIENT INDEMNITY/WARRANTY
The Client will indemnify The Company for any physical, direct and indirect damage, economic loss or other loss or costs or expenses (including actual legal and lawyer/client costs and expenses) to The Company or any other person, and will fully indemnify the Company against any claim or proceedings against The Company (or any of its agents or employees) or arising from an Event of Default in respect of any equipment and / or services acquired by The Client from The Company.
No delay or failure to act is a waiver. No waiver is effective unless it is in writing. Any waiver of a breach so given is not a waiver of any other breach.
- PRODUCT INFORMATION
All images are representative only. The Company reserves the right to make changes to Products to reflect current models and designs.