This document contains the following sections:

Section 1. CanTrack Global Limited Terms and Conditions

Section 2. Sample Hire Agreement Terms and Conditions

Section 1. CanTrack Global Ltd Terms and Conditions

By continuing with your purchase or website use, you are consenting to the Terms and Conditions below which will govern all future business between CanTrack Global Ltd and you, further referred to as the CUSTOMER.

CanTrack Global Ltd principle trading address is Shirwell Crescent, Furzton, MILTON KEYNES MK4 1GA.

WHEREAS, CanTrack Global Ltd is engaged in the business of being selling security and tracking services and products (collectively “Services”);

WHEREAS, CUSTOMER desires to purchase and use the CanTrack Global Ltd products and services subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows:

1.    Definitions 

    1. Agreements.  The term “AGREEMENT” when used herein means this document and any annex, exhibit, attachment, schedule, addendum, or modification hereto, unless the context otherwise indicates.
    2. CUSTOMER. The term “CUSTOMER(S)” when used herein means any existing or potential purchaser of PRODUCTS as notified to CanTrack Global Ltd.  Notification shall include the contact name, department and company.
    3. Products.  The term “PRODUCTS” when used herein means those products and/or services of CanTrack Global Ltd and or its licensors, its contractors and subcontractors that are offered for sale or sold by or through CanTrack Global Ltd.  CanTrack Global Ltd’s list of PRODUCTS is available from www.cantrack.com
    4. ” Affiliate” shall mean, with reference to either Partner, any person or entity that, directly or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with such Partner. For purposes of the definition of Affiliate and as such term is used in Section 9 hereof, the term “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, directly of indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.
    5. CanTrack GPS. Shall refer to the CanTrack GPS tracking system (formerly known as canDO GPS) and software/subscription and is also covered under the definition PRODUCTS.
    6. CanTrack Asset Shall refer to the CanTrack Asset tracking system (formerly known as Appello and AppelloGEO) and software/subscription and is also covered under the definition PRODUCTS.

2.    Terms and Conditions for Sale 

    1. The prices charged to the CUSTOMER for PRODUCTS purchased hereunder shall be the ‘Price to CUSTOMER’ shown on the invoice accompanying your order, the website charges applied in your Shopping Cart or the Deal Sheet provided by your sales representative.  All prices are expressed without VAT unless otherwise indicated and shall be payable in UK Sterling.
    2. Payment terms are due in full at time order is placed unless otherwise agreed in writing.
    3. Hire Customers will have their payments and terms of supply governed by the separate Hire Terms and Conditions provided with the finance quote. The Hire Terms and Conditions and supplementary to these Terms and Conditions and do not replace them.

3.    Warranty and Liability

    1. The warranty covers manufacturing defects only including the battery. The liability of CanTrack Global Ltd (or its appointed agent) is limited to the cost of repair and/or replacement of the product under warranty. The warranty is invalidated if the defect is caused (howsoever) by misuse, neglect, tampering or incorrect adjustment. It is invalidated if unauthorised persons carry out any alterations and/or repairs. Also, the warranty is invalidated in the following cases:
      1. For repair due to incorrect installation.
      2. For repair to any product where the serial number has been removed and the unit cannot be identified by other means.
    2. Where any ancillary equipment not furnished or recommended by CanTrack Global Ltd causes problems or damage that is attached to or used in connection with the product.
    3. Subject to the conditions set out below CanTrack Global Ltd warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship for a period of twelve (12) months from purchase by default, or the subscription term entered into at the time of sale by the customer through a contract or purchased subscription; whichever the greater. CanTrack Global Ltd reserves the right, without prior notice, to discontinue any product or to change the design of a product as part of its Product Improvement Programme.
    4. The above warranty is given by CanTrack Global Ltd subject to the following condition:
    5. CanTrack Global Ltd shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
    6. Where the Goods are sold under a consumer transaction (as defined by the Sales of Goods Act) the statutory rights of Buyer are not affected by these Conditions.
    7. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to CanTrack Global Ltd in accordance with Conditions, CanTrack Global Ltd shall be entitled to replace the Goods (or the part in question) free of charge or, at CanTrack Global Ltd’s sole discretion, refund to CUSTOMER the price of the Goods (or a proportionate part of the price), but CanTrack Global Ltd shall have no further liability to CUSTOMER.
    8. Except in respect of death or personal injury caused by CanTrack Global Ltd’s negligence, CanTrack Global Ltd shall not be liable to CUSTOMER by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of CanTrack Global Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by CUSTOMER, except as expressly provided in these Conditions.
    9. CanTrack Global Ltd’s obligations for any defect in the Goods shall not arise if Buyer shall have attempted to rectify, alter or dismantle the Goods in any way.
    10. CanTrack Global Ltd shall not be liable to CUSTOMER or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of CanTrack Global Ltd’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond CanTrack Global Ltd’s reasonable control.
    11. Neither party shall have the right to recover damages or to indemnification of any nature, whether by way of lost profits, expenditures for promotion, and payment for good will or otherwise made in connection with the business contemplated by this Agreement, due to the expiration or permitted or lawful termination of this Agreement. EACH PARTY WAIVES AND RELEASES THE OTHER FROM ANY CLAIM TO COMPENSATION OR INDEMNITY FOR TERMINATION OF THE BUSINESS RELATIONSHIP UNLESS TERMINATION IS IN MATERIAL BREACH OF THIS AGREEMENT.
    12. Each party agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability.
    13. CanTrack Global Ltd does not provide any guarantee of recovery of any item the CanTrack PRODUCTS are attached to, and accepts no liability for any loss(es) occurred arising from theft to either the CUSTOMER or their customer.
    14. CanTrack Global Ltd shall not be liable for any claim to the extent that the claim relates to loss of profits, goodwill, anticipated savings, business opportunity, data or use of data, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether CanTrack Global Ltd knew or had reason to know of the possibility of the loss, injury or damage in question.
    15. The software service can only report the location and status information provided into it. The CanTrack GPS system requires a GPS signal and mobile phone signal to work. Both GPS and mobile phone signals are outside of CanTrack Global Ltd direct control and CanTrack Global Ltd cannot be held responsible for the provision of those services.
      1. The CanTrack GPS and CanTrack Asset unit may require to be relocated in the vehicle/asset to obtain a GPS consistent signal and this does not constitute a reason for warranty return under  Clause 3. This relocation will be done at the customer or users expense.
      2. The mobile phone network is outside of CanTrack’s direct control and there will be occasional loss of signal in areas of poor signal quality or when there is network maintenance. When the signal is absent, the CanTrack GPS unit will store the locations it has visited up to 7 days until the signal is present again whereby it will upload data to the software service. The CanTrack Asset will record up to one day of information in the event of no mobile signal and therefore data beyond this can be lost.  CanTrack Global Ltd is not responsible for the loss of any real-time update from the vehicle/asset the PRODUCTS are fitted to, or any associated loss or liabilities.
    16. The strength and quality of the GSM and GPS signal can significantly affect the CanTrack Asset battery life and therefore may last longer or shorter than advertised or estimated. Steps are taken within the software service to automatically detect and manage units whose battery is likely to be detrimentally affected by external factors, but guarantees cannot be afforded due to these signal factors that are outside of our control. Installation instructions provided will provide guidance on optimising battery life and we provide a free service whereby a CanTrack engineer will visit your site and explore the hiding places you’ve chosen for your CanTrack Asset in regards to signal quality and sensor readings. For the avoidance of doubt, there will be no guarantee of the battery life for the CanTrack Asset under this agreement, beyond failures due to manufacturing defect.
    17. The utilisation sensor works on detecting motion, change of angle and g-force. Therefore care should be taken to install the unit where vibration and movement is sufficient to detect utilisation. It is the responsibility of the customer to test and verify that runtime hours are being picked up correctly in their choice of installation location, however CanTrack offer a free diagnostics check whereby by appointment a CanTrack technician will visit the customers site to assist the customer in determining good location for a signal, sensor and utilisation.
    18. The 14 day money back guarantee is applicable to PRODUCTS purchased through the website, and relates to the ability to return the product for a full refund within 14 days of the purchase date. The PRODUCTS unit must be returned to us in an un-used condition. It must be returned to us via a tracked delivery service such as Royal Mail Special Delivery or Royal Mail Signed for. Your refund will be processed within 2 business days of receipt of goods.

4.    Intellectual Property; Sales and Marketing Materials

    1. CanTrack Global Ltd and CanTrack Global Ltd’s licensors retain ownership rights in and to certain intellectual property of CanTrack Global Ltd and CanTrack Global Ltd’s licensors, including without limitation any CanTrack Global Ltd or CanTrack Global Ltd licensor’s trademark, service mark, trade dress or other designation, advertising, material and any associated goodwill, whether presently existing or later developed by either CanTrack Global Ltd or CanTrack Global Ltd’s licensors (collectively “Intellectual Property”).  Unless expressly stated otherwise in this Agreement or authorised from time to time by CanTrack Global Ltd, nothing contained herein shall give CUSTOMER any rights to use any Intellectual Property in advertising, publicity or marketing materials.
    2. Unless expressly authorised in this Agreement, nothing contained in this Agreement shall be construed as conferring on CUSTOMER any right to use any name, trademark or other designation of CanTrack Global Ltd or CanTrack Global Ltd licensor’s in advertising, publicity or marketing materials.  In the event that CUSTOMER desires to produce its own printed sales and marketing materials referring to CanTrack Global Ltd Services and rates, using CanTrack Global Ltd or CanTrack Global Ltd licensor’s trademark and/or trade name, CUSTOMER shall submit the CUSTOMER Produced Materials to and obtain advance written approval from an authorised representative of CanTrack Global Ltd prior to printing and the dissemination of any such CUSTOMER Produced Materials to any third party.  CanTrack Global Ltd shall have sole discretion to approve or disapprove of all CUSTOMER Produced Materials. The CUSTOMER must adhere to the CanTrack Global Ltd standards for the use of such trademarks or trade names and use such trademarks and trade names solely for the purpose of advertising and marketing CanTrack Global Ltd Services.

5.    Competitive product development 

    1. CUSTOMER agrees never to deformulate or reverse engineer, nor commission or collaborate with any individual or agency to deformulate or reverse engineer any product that could directly compete with proprietary CanTrack Global Ltd or CanTrack Global Ltd’s licensors products.

6.    Term and Termination   

    1. Unless terminated as provided in Section 9.1 below or by mutual written consent of the parties, this AGREEMENT shall continue in full force and effect for an initial term expiring ONE (1) year after the date hereof from the date of first purchase.  Thereafter, this AGREEMENT shall be automatically renewed upon the expiration of each period for another period of ONE (1) year, unless the CUSTOMER cancels all subscriptions of active CanTrack GPS or CanTrack Asset units at which point all clauses will remain in full force for a period of TWO (2) years.

7.    Conflict / Dispute Resolution

    1. Where possible, all conflict should be dealt with through direct dialogue.
    2. Agreement to Submit to Binding Arbitration. Except as otherwise provided below, the parties agree to submit disputes between them relating to this Agreement and its formation, breach, performance, interpretation and application to binding arbitration as follows.
    3. Notice. Each party will provide written notice to the other party of any dispute within six (6) months of the date when the dispute first arises or occurs. If a party fails to provide such notice, recovery on the dispute will be barred.
    4. Arbitration Rules. Arbitration will be conducted in the UK, pursuant to the Arbitration legislation then in effect in the UK. Except as otherwise agreed, the arbitration shall be conducted by a single arbitrator. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.
    5. Costs and Attorneys’ Fees. Unless the arbitrator finds that exceptional circumstances require otherwise, the arbitrator will grant the prevailing party in arbitration its costs of arbitration and reasonable attorneys’ fees as part of the arbitration award.
    6. Exceptions. Neither party will be required to arbitrate any dispute relating to actual or threatened: (a) unauthorised disclosure of Confidential Information; or (b) violation of CanTrack Global Ltd proprietary rights. Either party will be entitled to receive in any court of competent jurisdiction injunctive or other equitable relief, in addition to damages, including court costs and fees of attorneys and other professionals, to remedy any actual or threatened violation of its rights with respect to which arbitration is not required hereunder.

8.    Miscellaneous

    1. In the event that any provision of this Agreement shall be invalid, illegal or unenforceable in any respect, such a provision shall be considered separate and severable from the remaining provisions of this Agreement, and the validity, legality or enforceability of any of the remaining provisions of this Agreement shall not be affected or impaired by such provision in any way.
    2. This Agreement shall not be assigned by CUSTOMER, in whole or in part, without the express written consent of CanTrack Global Ltd.
    3. This Agreement shall be construed in accordance with the laws of England & Wales regardless of choice of laws provisions.
    4. Any products not listed in PRODUCTS or on cantrack.com, but which are bought by the CUSTOMER from CanTrack Global Ltd will also be bound by this agreement.
    5. Notices required to be given by one party to another shall be deemed properly given only when reduced to writing and sent to the addresses stated above by certified mail, return receipt requested, postage prepaid, by courier, e-mail, or by facsimile and shall be effective upon delivery.  Either party may change the addresses for giving notice from time to time by written instructions to the other party of such change of address. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date stated above.
    6. This Agreement and the provisions hereof shall be binding upon and inure to the benefit of the subsidiaries, affiliates, officers, directors, employees, agents, families, heirs, beneficiaries, executors, administrators, personal representatives, successors-in-interest and assigns of the respective parties hereto, and any entity which acquires either of the respective parties hereto.

 

9.    PROVISION OF THEFT FINDER SERVICE (CanTrack Asset)

    1. In the event of theft, CanTrack Global Ltd will provide a Theft Finder Service within to locate a stolen asset protected by an CanTrack Asset, and in consideration of Customer’s payment of the Charges (where applicable), CanTrack Global Ltd will provide the Service with reasonable care and skill but does not warrant and excludes all liability arising from:
      1. The Positional Accuracy of the Service; Positional Accuracy is a function of the available Networks GSM signal in any particular area and therefore Positional Accuracy is better in certain areas due to coverage and visibility. CanTrack Global Ltd makes no warranties against equipment that does not have a GSM signal and therefore the Theft Finder Service which is dependent on this signal also carries the same requirement. Positional Accuracy can be affected by a number of other factors such as cell availability on the relevant Network, Network up-time, Network maintenance, GSM signal strength (Transmitter and CanTrack Asset) and atmospheric conditions.
      2. Any failure, inaccessibility or downtime (whether planned or otherwise) in any Network which results in a Location Request not revealing the Location of any End-User, either accurately or at all;
      3. The withdrawal of any Network from the Service; and
      4. Any failure of or, its inability to provide, Tracking due to the End User’s CanTrack Asset being switched off, having insufficient charge, in an area with no coverage for an extended period of time (duration up to 1 year dependent on the Customer maintaining the battery level of the CanTrack Asset) or being temporarily or permanently disconnected from a Network.
      5. The discovery of the CanTrack Asset by the thief or any recommendations for the installation location whether directly given or inferred by CanTrack Global Ltd or any literature or communication.
    2. For the avoidance of any doubt, CanTrack Global Ltd provide no guarantee of a successful recovery or method of recovery and will not be liable for any loss of the CUSTOMER or Third Party, whether direct or in-direct and in accordance with Clause 3.
    3. By subscribing to the Service, Customer agrees that in respect of any CanTrack Asset unit that it requires to be Tracked the Networks may provide the Location of the CanTrack Asset to CanTrack Global Ltd whenever CanTrack Global Ltd seeks to locate the End Asset.
    4. When using SIM cards not provided by CanTrack Global Ltd, it is the CUSTOMER and their customers responsibility to ensure the SIM card is compatible and working with the CanTrack Asset including insuring payments are up to date.
    5. The Health Check Service and www.findmygeo.com provides Appello and AppelloGEO customers with monthly / weekly information about the status of their units depending on type of subscription taken. Information provided will be related to whether the unit can successfully be communicated with, and the approximate location of that unit at the time of its last connection to the network.
    6. The customer takes responsibility for their CanTrack Asset throughout in accordance with the instructions in the User Guide provided.
    7. In England, Wales and Scotland, the Theft Finder Service will be provided by CanTrack Global Ltd.
    8. The Theft Finder service is provided free of charge within Mainland UK to Platinum Subscriptions  and CanTrack Asset subscriptions from 1st April 2015 that are live and not due any monies, up to a maximum of 1 per calendar year after which a discretionary charge of £350 + VAT may be applied per additional theft.  Travel and necessary associated charges (including but not limited to accommodation & basic food / drink requirements) to territories outside Mainland UK is charged at cost with customers written consent in advance of travel.
    9. Whereby the Theft Finder Service is provided free of charge in accordance with Clause 9.8, the CUSTOMER must provide a Police Incident number as a minimum to start the service and a full Police Crime Reference number within 24hrs.
    10. The Theft Finder Service will not commence until the CanTrack Asset unit has activated and is in communication with CanTrack which will be based on it’s preset wake intervals or as configured by the CUSTOMER or CanTrack.

 

10.      END USERS (CanTrack Asset)

    1. Whereby the CanTrack Asset will be used on an asset utilised by a third party who has not purchased this CanTrack Asset subject to this agreement (END USER), Customer acknowledges and accepts that CanTrack Global Ltd ability to provide the Service is dependent upon:
    2. The End User consenting to be Tracked by CanTrack Global Ltd or the www.findmygeo.com & http://login.cantrack.com software portals;
    3. The End User not withdrawing its consent to being Tracked;
    4. The End User’s CanTrack Asset being connected to a Network and being switched on and sufficiently charged to enable it to be Tracked;
    5. The End User being in the Area of Coverage when a Location Request is made.
    6. Customer shall be responsible for procuring each End User’s initial consent to be Tracked in accordance with their own company policy and any necessary interpretation of the Data Protection Act or Human Rights Act, and withdrawing or refusing its consent to be Tracked.

 

11.      END USERS (CanTrack GPS)

    1. Whereby the CanTrack GPS will be used on an asset utilised by a third party who has not purchased this CanTrack GPS subject to this agreement (END USER), Customer acknowledges and accepts that CanTrack Global Ltd ability to provide the Service is dependent upon:
      1. The End User consenting to be Tracked by CanTrack Global Ltd or the http://login.cantrack.com software portal;
      2. The End User not withdrawing its consent to being Tracked;
      3. The End User’s CanTrack GPS being connected to a Network and being switched on and sufficiently charged to enable it to be Tracked;
      4. The End User being in the Area of Coverage when a Location Request is made.
    2. Customer shall be responsible for procuring each End User’s initial consent to be Tracked in accordance with their own company policy and any necessary interpretation of the Data Protection Act or Human Rights Act, and withdrawing or refusing its consent to be Tracked.

 

12.      Software Service (http://login.cantrack.com) (http://findmygeo.com)

    1. The service is offered as an online management portal for the management of the CanTrack GPS and CanTrack Asset and it’s current status and location. CanTrack Global Ltd does not provide any guarantee of uptime for this service which may be taken down from time to time for administrative work or site updates.
    2. The positional accuracy of the locations provided in http://login.cantrack.com are subject to the restrictions in Clause 12.3.
    3. The software service can only report the location and status information provided into it. The CanTrack GPS system requires a GPS signal and mobile phone signal to work.
      1. The CanTrack GPS and CanTrack Asset unit may require to be relocated in the vehicle/asset to obtain a GPS consistent signal and this does not constitute a reason for warranty return under  Clause 3. This relocation will be done at the customer or users expense.
      2. The mobile phone network is outside of CanTrack’s direct control and there will be occasional loss of signal in areas of poor signal quality or when there is network maintenance. When the signal is absent, the CanTrack GPS unit will store the locations it has visited up to 7 days until the signal is present again whereby it will upload data to the software service. The CanTrack Asset will record up to one day of information in the event of no mobile signal and therefore data beyond this can be lost.  CanTrack Global Ltd is not responsible for the loss of any real-time update from the vehicle/asset the PRODUCTS are fitted to, or any associated loss or liabilities.

 

Section 2. Hire Agreement Terms and Conditions

DEFINITIONS

“Owner” CanTrack Global Ltd t/a CanTrack

“Equipment”         The equipment described overleaf and any additions, replacements, renewals or accessions made to it by the Owner.

“Customer”           The person, partnership or company listed overleaf.

“Normal Working Hours”

8.30am to 5.30pm Monday to Friday excluding Bank Holidays.

THESE TERMS AND CONDITIONS ARE SUPPLEMENTARY TO THOSE FOUND AT HTTPS://CANTRACK.COM/LEGAL AND DO NOT REPLACE THOSE TERMS AND CONDITIONS.

A         MINIMUM HIRE PERIOD

A1           The Minimum Hire Period will commence on the day shown. The Minimum Hire Period will remain in operation until this agreement is terminated by either party in the manner prescribed in section G.

B         OBLIGATIONS OF THE CUSTOMER

B1           Selecting the Equipment and ensuring it is suitable for the intended use.

B2           Power necessary for the operation of the equipment is of the correct voltage and capacity as specified by the provider and are placed as recommended by a representative of the owner.

B3           Installation of the equipment to the provided specifications

B4           To take general care of the equipment and use only according to the manufacturer’s instructions

B5           To use the equipment only for the purpose indicated by the manufacturer.

B6           To pay all hire rentals to the owner on the date they fall due by Direct Debit.

B7           Not to alter of modify the equipment or remover any identification sign on the equipment

B8           Not to attempt to charge, sell, use the equipment as security or attempt any other action which may prejudice the Owners title to the equipment

B9           On termination of this agreement by either party, the customer will return the equipment to the owner and a returns pack will be provided by the owner.

B10         To keep the owner updated with current contact details.

C         OBLIGATIONS OF THE OWNER

C1           To supply the equipment detailed in this agreement to the premises indicated by the customer

C2           If in the Owner’s discretion it is thought appropriate to replace the equipment should it become faulty. Replacement equipment will be of at least similar age and capability.

D         Additional Charges

D1           The owner may at his discretion make additional charges to the customer in the following circumstances;

  1. Failure to return the equipment to the owner within 14 days of termination. An administration charge of £50.00 will be levied in this instance.
  2. Administration and legal costs incurred in recovering a loss resulting from the customers default.
  3. Interest on hire charges received after the due date at 4% above the base lending rate of HSBC bank plc
  4. Interest on administration charges payable under D1(i) at 4% above the base lending rate of HSBC bank plc
  5. Losses incurred through damage to the equipment caused by;
  1. Misuse
  2. Vandalism or wilful neglect
  3. Failure to operate the Equipment in accordance with the manufacturer’s instructions
  4. Use of the equipment for a purpose other than for which it was designed
  5. Accidental damage to the equipment by the customer.
  6. Installation not in accordance with the manufacturers specification

D2           Charges made under D1 are payable on demand but without prejudice to any other right or remedy which the Owner may have under this agreement.

E         FORCE MAJEURE

E1           The Owner will not be liable for any losses incurred by the Customer from  breach of this Agreement or a delay in performing this Agreement where the breach or delay is the direct or indirect result of circumstances detailed in sections F1(i) to F1(v).

  1. Any act of God
  2. Any consequences of war, invasion, hostilities (whether declared or not), civil war, rebellion, insurrection or military operation whether directly affecting the United Kingdom or not
  3. Confiscation or requisition of property by the Government of the United Kingdom or other Foreign power whether direct or indirect.
  4. Act of Terrorism, Riots, civil commotion, strikes, work to rule, general or partial stoppage or restraint of labour, whatever the cause, or any other factor which constitutes in essence Force Majeure
  5. Any Government order or decree or any repeal modification enactment or the re-enactment to any legislation regulation or order relating to or affecting the equipment or its use under this agreement.

E2           The Owner or the Customer shall have the option to terminate this agreement without notice or penalty in the event of one of the circumstances described in sections F(i) to F(v) occurring and continuing to occur for a continuous period of at least 6 months.

F          AGREEMENT ROLLOVER/TERMINATION

F1           At the end of the Minimum Hire Period this agreement will automatically rollover. The agreement may be terminated by either party after the completion of the Minimum Hire Period. The customer must give at least 30 Days’ notice in writing to the owner to expire no earlier than the end of the Minimum Hire Period. The Owner must give at least 2 days’ notice to the customer to expire no earlier than the end of the Minimum Hire Period. Termination may also be affected either as set out in E2 or immediately by the owner in the event of a default (as defined in section G) by the Customer.

F2           In the event of expiry of the equipment battery supply this agreement will automatically terminate without notice. The customer will be offered a new agreement with new equipment.

G         DEFAULT

G1           In the following circumstances the Customer will be considered by the Owner to be in default.

  1. The customer commits a breach of this agreement
  2. The Customer is adjudged bankrupt (or in Scotland is sequestrated) or has a receiving order made against him or makes a formal composition with or a call a meeting of his creditors or enters into a voluntary arrangement or an administrator is appointed over all or part of his estate.
  3. Execution (in Scotland arrestment) is levied or attempted against any of the Customers assets or income.
  4. The Customer being a partnership is dissolved or being a limited company has a petition to initiate formal winding up proceedings presented, or passes a resolution to wind up voluntarily, or a receiver, administrative receiver or manager or administrator is appointed.
  5. The Customer suffers any event in foreign law similar in effect to the above events

G2           In the event of one of G(i) to G(v) occurring, the owner will be entitled by giving notice in writing to terminate the agreement with immediate effect.

G3           The Customer acknowledges that failure to pay or delay in paying hire charges will be a fundamental breach of the agreement. A direct debit that is not collected at its second collection attempt will be deemed a failure to pay.

H         WARRANTIES, INDEMNITIES AND CONSEQUENTIAL LOSS

H1           Subject to clause I6, the Owner will not be liable for indirect or consequential losses incurred by the Customer, irrespective of how the losses arose.

H2           The Customer will indemnify the Owner against all claims for damages, losses, costs and expenses (including legal costs on a full indemnity basis), which arose from his possession or use of the equipment.

H3           All warranties, conditions or other such terms implied by statute or common law are excluded to the fullest extent permitted by law.

H4           If not withstanding the terms of this agreement the Owner is liable to the Customer then (save for matters under I6) the Owners liability for any breach committed by it shall be limited to 50% of the total hire rentals for the Minimum Hire Period

H5           No warranty, condition, description or representation on the part of the Owner is given or implied by these terms and conditions.

H6           Nothing in these conditions shall exclude the Owner’s liability for loss, injury or death caused by the Owner’s negligence or affect the statutory rights of the Customer where the Customer is a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977.

I           TITLE TO THE EQUIPMENT

I1         The Equipment will at all times remain the property of the Owner

J          GENERAL

J1            Where 2 or more persons are named as the Customer their liability shall be joint and several.

J2            This agreement shall be construed in all respects in accordance with English Law. The parties agree to submit to the non-exclusive jurisdiction of the English courts.

J3            The hire rentals shown in Key Financials Information overleaf and schedule of equipment are inclusive of VAT at the date that this Agreement was prepared. If after this date the rate of VAT which applies to the hire rentals changes, the hire rentals will be adjusted accordingly. Payment of VAT must accompany all payments of hire rentals due under this Agreement at the rate prevailing for the Tax Point of each payment.

J4            The Customer’s rights under this Agreement may not be transferred without the prior written agreement of the Owner.

J5            The Owner reserves the right to subcontract his performance of this agreement in whole or in part without the agreement of the Customer.

J6            The Owner reserves the right to assign or novate his rights under this agreement in whole or in part without the agreement of the Customer.

J7            The Customer accepts that these terms and conditions are fair and reasonable in protecting the legitimate commercial interests of the Owner.

J8            No delay or failure by the owner to enforce any one or more of the terms and conditions will be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.

J9            Additional copies of this Agreement can be requested by the Customer from the Owner free of charge.  A CanTrack GDPR Data Subject Access Request form needs to be filled out to process this request.

K         AGREEMENT ACCEPTANCE

K1           This agreement may be terminated by the Owner without penalty to either party if in the judgement of the Owner the Customer’s credit rating is insufficient to allow this agreement to continue.

K2           By signing this agreement you are also accepting the owners General Terms & Conditions which can be found at https://cantrack.com/legal

 

DATA PROTECTION

(Sections 1 and 2)

The Client agrees to indemnify CanTrack in full from any claims arising from data processing where CanTrack has followed the Client’s instructions. This includes but is not limited to meeting in full all legal costs, ICO fines, criminal, class actions and civil damages in so far as legally possible, that may arise from a legal challenge caused by data breaches, unauthorised use and/or other legal related issues, where CanTrack has followed the Client’s instructions.

 

Issued May 29 2018 V2