Terms & Conditions
Terms and Conditions
1. General Terms
1.1. The acceptance of this credit proposal by Cape Town Tracking (“Seller”) is subject to these terms and conditions, which will form an integral part of all transactions between the Seller and the Purchaser. They should be read alongside relevant orders, invoices, and delivery notes.
2. Sales of Goods
2.1. Ownership of goods remains with the Seller until full payment, including the purchase price, interest, costs, and expenses, is received.
2.2. In the event of non-payment, the Seller may repossess goods and claim damages. The Purchaser will bear associated transport, tax, import, and storage costs.
2.3. Short delivery claims or incorrect orders must be reported immediately upon receipt. Returns require Seller approval within seven days of delivery and may incur a 10% handling fee.
2.4. The Purchaser remains liable for payments until the contract is fully executed or paid in full.
2.5. Monthly payments must be made in advance as per the subscriber agreement.
2.6. Payments due on non-business days may be processed on the preceding business day.
2.7. Failed debit orders may result in changes to the debit order date.
2.8. Additional fees for ad-hoc services, such as towing, locksmiths, safe storage, etc., are for the Purchaser’s account and must be settled within 30 days of invoice.
2.9. Self-Track users are responsible for monitoring alarms and recovering assets. Cape Town Tracking is not liable for any losses under Self Track services.
2.10. Access to the web-based platform is provided upon creation of a secure username and password.
3. Cancellation
3.1. Clients may cancel the agreement in writing at the end of the contract period without penalty, provided all outstanding amounts are settled.
3.2. Cancellation during the contract term requires one month’s written notice and may incur cancellation fees as outlined in 3.3
3.3. Cancellation fees are determined by acquisition costs or the contract’s remaining value, depending on whether the client qualifies under the Consumer Protection Act (CPA).
4. Payment
4.1. Payments for the unit, installation costs, and the first monitoring fee are due before or on installation.
4.2. Overdue accounts incur monthly interest of 7% from the due date to the date of payment.
4.3. Clients remain responsible for payment if intermediaries fail to pay. Clause 2.2 applies.
4.4. Prices are subject to adjustments at the time of delivery. Corrections for errors in quotations or price lists may apply.
5. Warranty
5.1. A 36-month warranty covers manufacturing faults, excluding water, impact, or tampering damage.
5.2. Devices must be installed exclusively by authorized Cape Town Tracking representatives. Unauthorized interference voids warranties and constitutes a contract breach.
5.3. Risk transfers to the client upon installation. Ownership remains with the Seller until all contract conditions are fulfilled.
6. Return of Goods
6.1. Returned goods will undergo testing before credit is issued. Non- manufacturing faults are chargeable to the Purchaser.
6.2. Testing, repairs, and courier costs for non-manufacturing faults will be billed.
6.3. Manufacturer findings are final.
7. Jurisdiction
7.1. The Cape Town Magistrate’s Court has jurisdiction for disputes, without prejudice to the Seller’s rights to escalate to other competent jurisdictions.
8. Liability
8.1. Replacements or repairs may be considered for manufacturing defects. The Seller is not liable for consequential damages.
8.2. Cape Town Tracking cannot guarantee recovery of assets but will take all reasonable measures to ensure safety and recovery.
9. Stolen Vehicle Recovery
9.1. Clients must report theft or hijacking immediately to Cape Town Tracking and provide proof of reporting to SAPS with a valid CAS/MAS number. Refusal to open a case may result in additional costs.
10. Final Agreement
10.1. Relaxations or indulgences granted do not waive the Seller’s rights. Variations of the agreement must be in writing and signed by both parties.
11. Account Management
11.1. If the Purchaser’s account is mismanaged in any way, the Seller reserves the right to close the account with immediate effect.
12. Client Responsibility and Compliance
12.1. The client assumes full responsibility for ensuring that the service provided complies with all relevant laws regarding its intended use.
12.2. The primary purpose of the service is to provide telematics data regarding asset usage and recovery in the event of theft or hijacking.
12.3. If the client intends to use the service for purposes beyond the stated use, a full description of the intended purpose must be submitted. Cape Town Tracking reserves the right to decline services if the proposed use conflicts with relevant privacy laws.
12.4. If a vehicle or asset is suspected of, or involved in, a crime or unlawful activity, Cape Town Tracking reserves the right to share its location with the South African Police Service (SAPS) upon request, without the owner’s prior consent.
12.5. The client must notify Cape Town Tracking in writing at least 7 (seven) days before selling a vehicle or asset within the agreement period. Transfer of ownership is not guaranteed, and the client remains responsible for the contract unless otherwise agreed upon.
12.6. The client is responsible for ensuring the tracking system remains operational following any electrical repairs or aftermarket system installations. If required, the client must arrange a service repair.
13. Confidentiality
13.1. Throughout the agreement and thereafter, both parties, including their employees, agents, and intermediaries, must not disclose any confidential information obtained
from the other party to any third party.
14. Binding Nature
14.1. This agreement is binding upon the Purchaser, their assigns, and successors- in-title.
15. Termination
15.1. A de-installation fee may apply if the unit is removed at the client’s request.
16. Force Majeure
16.1. Neither party shall be liable for failure or delay in fulfilling obligations due to causes beyond their reasonable control. These include, but are not limited to, natural disasters, governmental actions, acts of terrorism, fires, storms, floods, accidents, or energy shortages.
16.2. In such cases of delay, any stated deadlines will be extended as necessary by Cape Town Tracking.