1. The acceptance of this credit proposal by the Seller shall be subject to the following terms and conditions which the Purchaser agrees will form an integral part of all transactions and/or this transaction and/or all further transactions between the Seller and the Purchaser and should be read in conjunction with all relevant orders, invoices, and delivery notes.
2. Sales of Goods:
2.1. Notwithstanding anything elsewhere provided, ownership in and to the Goods sold by the Seller to the Purchaser shall remain vested in the Seller until such time as all amounts due in respect of a transaction, including purchase price, interest and other costs and expenses, has been paid in full.
2.2. In the event of non-payment as described hereunder, the Seller shall be entitled at its discretion to claim repossession of any goods sold by the Seller to the Purchaser and to institute action for damages suffered by the Seller forthwith prejudice to the rights of the Seller to claim payment of any amount outstanding, forthwith without giving notice to the Purchaser. In the event of the Seller electing to recover possession of the goods, this shall be subject to the Purchaser being responsible for payment of all transport costs, Provincial or Local taxes or imports and storage costs.
2.3. Claims for short deliveries or deliveries not in accordance with order must be made in writing immediately upon receipt of the goods by the Purchaser. The Seller will not accept returns of goods unless the unit return has been approved by the Seller within 7 days of date of delivery, and in the event of the Seller accepting return of goods it shall be subject to a 10 % handling charge on the purchase price at the discretion of the Seller.
2.4. The purchaser is liable for all payments until such time that the contract period is completed and finalized or paid for in full.
2.5. The client shall pay Cape Town Tracking the fee for the services as set out in the subscriber agreement, monthly in advance either by debit order or direct transfer upon invoice, from the clients banking account.
2.6. In the event that a payment date selected by the client does not fall on a business day, the client agrees that Cape Town Tracking may debit the clients bank account on the preceding business day.
2.7. Should any debit order be returned for any reason whatsoever; Cape Town Tracking reserves the right to change the date on which the debit orders are processed.
2.8. Whilst recovery services are free to clients who have opted for the service, any additional ad-hoc fees ie. Towing, roadside security, additional fuel, locksmiths, safe storage etc. will be for the clients account and will be settled within 30 days of invoice.
2.8.1 Recovery services is free from time of activation and until 1 hour after the vehicle or asset has been recovered. Any additional time spent on the scene will first be cleared with the client and will be for the clients’ account.
2.8.2 Should the client nor any of his listed contacts be available to advise on non-SAPS related activations and recoveries, and should we deem it unsafe to leave the vehicle in an area we deem unsecure, then the client agrees that Cape Town Tracking may, at its discretion, remove the vehicle from such location and place it in safe storage until such time as the owner or his registered proxy can be located. All costs in such instance will be for the clients account and will be paid within 30 days from date of invoice.
2.9. Where the client has opted for the Self Track option, it is understood that the client is responsible for the monitoring of all alarms generated from the unit and takes it upon himself and/or his appointed intermediaries, to monitor and recover any such asset or vehicle he has fitted with the Self Track Tracking device. It is further agreed and understood that Cape Town Tracking can in no way be held responsible or liable for any such loss.
2.9.1. As all recoveries are carried out by our PSIRA approved sub-contracted recovery company, any ad-hoc recovery fees will first need to be approved by at least two parties concerned at the time of request. Whilst we do reserve the right to request written authorisation and approval for any ad-hoc recoveries, all calls to our control centre are recorded and verbal confirmation will be binding.
2.9.2. In the event of an ad-hoc recovery request, Cape Town Tracking reserves the right to request payment for 2 hours recovery fees upfront. Fee to be determined at time of request.
2.10. Cape Town Tracking shall upon the creation of a username and password, provide the client with secure 24/7 access to our web-based monitoring and reporting software.
2.11. Cape Town Tracking will carry out free maintenance (unit health) checks on a 24/7 basis.
2.11.1 Should Cape Town tracking detect a fault on your unit, they will endeavour to contact you telephonically to arrange a maintenance inspection. They will also send notification of the fault to the listed email address on the subscriber agreement form. We urge our clients to arrange inspections as soon as possible after receiving such notifications.
3. Cancellation
3.1. The client may cancel this agreement in writing or other recorded manner, upon the expiry of the contract period without penalty or charge, subject to the client remaining liable to Cape Town Tracking for any amounts outstanding in terms of the agreement up to date of cancellation.
3.2. The client may cancel at other time by giving Cape Town Tracking 1 (one) calendar months written notice subject to the client remaining liable for all outstanding monies owed in terms of the agreement up to date of cancellation and subject to clause 3.3 below.
3.3. Cape Town Tracking will impose a reasonable cancellation fee, should the cancellation be before the end of the contract period. In this regard, if the client is a consumer as defined in section 1 of the Consumer Protection Act No.68 of 2008, then the cancellation fee shall be determined by considering the costs incurred by Cape Town Tracking in the acquisition of the client, which cost could vary from time to time. Should the client however not fall within the definition of a consumer, then the cancellation fee will be equal to the value of the remainder of the contract.
3.4. Cape Town Tracking may cancel this agreement 15 (fifteen) business days after giving written notice to the client of a material breech i.e.. Non-payment or failure, by the client or his intermediary, to comply with the obligations in terms of the agreement. This cancellation could be withdrawn if the client rectifies such breech withing the 15(fifteen) days
3.5. Cape Town Tracking will notify the client in writing, or any other recordable means, 2(two) calendar months prior to the impending expiry date of the contract. The expiry term will thereafter continue on a month-to-month basis unless the client instructs Cape Town Tracking, in writing or any other recordable means, to terminate the agreement on the expiry date. Annual increases and any reconnection fees will remain in place.
3.6. The client may also opt to renew the contract in which case a reconnection fee may be levied, and the monthly fee will continue to be levied as per the new agreement rate.
4. Payment
4.1. Payment of the unit, installation cost and first month’s monitoring fee, are to be paid prior to, or on installation. Thereafter all monthly subscription payments will be paid monthly in advance to Cape Town Tracking for the full duration of the Contract period.
4.2. The Seller reserves the right to charge interest @ 7% on overdue accounts monthly, from due date to date of payment.
4.3. In the event of the client assigning an intermediary to pay the account and the intermediary fails to make any payment due to Cape Town Tracking, then client will be responsible to pay for such and all further payments, by debit order or direct transfer, to Cape Town Tracking. Clause 2.2 shall also apply.
4.4 Prices (provided by way of a Quotation or a Price List) are subject to change to the prices in effect at the time of delivery. Seller reserves the right to make any corrections to prices quoted due to clerical errors or errors of omission.
5. Warranty
5.1. the seller offers a warranty on all its tracking devices for a full 36-months in the event of any manufacturing fault. This warranty excludes water damage, impact damage or damage resulting from tampering or fire.
5.2. All devices and any ancillary equipment supplied by Cape Town Tracking may only be fitted by an authorised Cape Town Tracking representative. Any unauthorised fitment/de-installation/re-installation/tampering or repairs on the equipment, shall void any warrantees and will be a breach of contract. Cape Town Tracking will have the right to recover all outstanding monies for the full contract period as well as any other expenses incurred in recovering such equipment and or monies outstanding.
5.3. The client accepts that all risk of loss of, and damage to the unit shall pass to the client from date of installation. However the ownership of the unit will remain with Cape Town Tracking until completion of the contract conditions and period. If the contract is terminated in accordance with clause 3 and 5 above, Cape Town Tracking reserves the right, at their expense, to remove the equipment. The client agrees to, within 5(five) working days of any written request, deliver the vehicle or asset to an approved fitment centre or to make the vehicle or asset available at a suitable location agreed to by Cape Town Tracking, for such removal
6. Return of Goods
6.1. Any goods returned will be fully tested before credit for same will be passed. Any repairs or refurbishment required which are not the result of manufacture fault, will be for the Purchaser’s account.
6.2. The seller reserves the right to bill for all testing, repairs and courier or transport costs, in the event of non-manufacture fault.
6.3. The manufacturer or their appointed technicians’ findings will be deemed as final.
7. Jurisdiction
The Purchaser hereby consents to the jurisdiction of the Cape Town Magistrate’s Court for any action instituted by the Seller in respect of any matter arising from these terms and conditions or any action pursuant to this agreement. This clause shall be entirely without prejudice to the rights of the Seller to institute action in any form of competent jurisdiction.
8. Liability
8.1. Apart from the terms of any written guarantee in respect of specific goods sold by the Seller, the Seller will at its discretion consider replacement or refurbishment in respect of any goods supplied which are proved to be defective either in manufacture or during normal use. The Seller shall not be liable for any injury, damage or loss being consequential or otherwise resulting from such defects.
8.2. The purchaser also acknowledges that whilst the seller will do everything reasonably within their power to ensure the safe and speedy recovery of all assets and vehicles fitted with their tracking equipment, the seller can in no way guarantee the recovery and /or be held responsible for loss in any way suffered by the client.
9. If the client has opted for Stolen Vehicle Recovery, it is the responsibility of the client to immediately notify Cape Town Tracking of any theft or hijacking of his vehicle or asset. The theft or hijacking also needs to be reported to the South African Police as soon as possible after the incident and a valid CAS/MAS number needs to be obtained. Cape Town Tracking reserves the right to request proof of reporting the incident to the South African Police. Should the client refuse to open a case with the South African Police and obtain a valid CAS/MAS number and still initiate Stolen Vehicle Recovery, further costs may be brought against the client
10. The Purchaser acknowledges that no relaxation or indulgence granted by the Seller to the Purchaser shall in any way prejudice the Seller’s rights hereunder nor shall they be a waiver or novation of such rights; and except for the additional conditions contained in the application form this is the whole agreement between the parties hereto, and no variation of this agreement, including this clause shall be of any force or effect unless recorded in writing and signed by both parties.
11. If the account of the Purchaser is mismanaged in any way, the Seller has the right to close the account with immediate effect.
12. The client holds exclusive responsibility, and Cape Town Tracking shall in no way be held liable for ensuring that that service provided complies with all laws regarding the intended use of the service by the client.
12.1 It is understood that the purpose of the service is to provide telematics data on the usage of the asset being tracked and recovery in the event of theft or hijacking.
12.2. should the client wish to make use of this service for any other reason, we will require a full description of the intended use and may decline services should we feel the intended use does not comply with the relevant laws pertaining to protection of any individuals’ rights to privacy
12.3 Should the vehicle or asset be suspected of, or be used in the commission of a crime, or any other unlawful activity, Cape Town Tracking upon request from the South African Police Service reserves the right to share the location of the vehicle or asset with the South African Police Service without prior permission from the owner.
12.4. Should the client sell the vehicle/asset within the agreement period, it is up to the client to notify our offices in writing within 7 DAYS of new ownership.
13. For the duration of this agreement and at all times thereafter, each party and its employees, agents and intermediaries, agree not to disclose any Confidential information gathered from the other party to any other person or entity.
14. This agreement is binding upon the Purchaser, his assigns, or successors- in-title.
15. Cash back.
15.1. At the end of the agreement period, the seller agrees to refund the purchaser an agreed amount which is stated in the purchase agreement. This refund will be determined on the following:
15.1.1. the unit is returned to the seller undamaged and in working condition.
15.1.2. the unit is returned within 7 working days of termination of agreement.
15.1.3. the unit is tested by our approved technicians to determine condition.
15.1.4. should we be requested to remove the unit a de-installation fee may be applicable.