Standard Terms & Conditions of Contract

1. Parties

The parties to this agreement are:

• Inno Fleet (Pty) Ltd (“Inno Fleet”)
• The Subscriber whose details appear on the Application Form and who is bound by the terms of this agreement by their signature on the Application Form.

2. Definitions

• Application Form: The flip side of this document, containing the subscriber’s details and the transaction schedule detailing all the vehicles covered by this agreement.
• Inno Fleet Unit: The electronic device and related equipment designed to communicate messages from the subscriber’s vehicle to the Inno Fleet control room.
• Subscription: The fee payable bi-annually or annually in advance to Inno Fleet for the rendering of the Inno Fleet service.
• Positioning Messages: Each message generated by the subscriber either by an observation request or by a subscriber requesting positions via the internet.

3. The Inno Fleet Service

3.1. As consideration for the subscriber paying the Subscription fee in advance, Inno Fleet undertakes to respond to each stolen or hijacked vehicle of the subscriber that has an operational Inno Fleet unit installed, and to attempt the recovery and repatriation of said vehicle.

3.2. This service shall be rendered free of additional charges in any country where Inno Fleet has an operational control room.

3.3. In the event that messages are received from stolen vehicles in any other country, Inno Fleet will submit a written quotation to the subscriber for the recovery of such vehicles. These vehicles will be recovered upon receipt of a written order from the client.

3.4. Due to the number of variables involved, Inno Fleet cannot guarantee that the service will lead to the recovery of stolen vehicles. Inno Fleet, however, undertakes to refund all subscription fees of the unrecovered vehicle paid to Inno Fleet and to replace the lost Inno Fleet unit.

3.5. Additionally, Inno Fleet offers a “Fleet Management” service to subscribers whereby vehicles are monitored on behalf of the subscriber or by the subscriber using an Internet connection to the Inno Fleet control room.

3.6. The Inno Fleet unit is tested twice a month by the Inno Fleet control room, free of charge to the customer.

4. Term

This agreement continues for a period of 12 months after signing and thereafter indefinitely until either party terminates by giving the other party three months’ written notice.

5. Hardware Warranty

The Inno Fleet unit and the installation thereof shall carry a 12-month warranty, fair wear and tear excepted. Any maintenance and/or repairs shall be carried out at one of Cartrack’s approved installation centres. The hardware remains the property of Inno Fleet.

6. Fees and Charges

6.1. As consideration for Inno Fleet undertaking to provide the Cartrack service, the subscriber shall pay Inno Fleet the Subscription fee upon conclusion of this agreement.

6.2. Inno Fleet may, from time to time, increase the monthly Subscription fee upon at least 1 (one) month’s prior written notice to the subscriber.

6.3. Positioning Messages generated pursuant to the Fleet Management services will be paid for by the subscriber monthly in arrears or as specified by the debit order authorization contained in the Application Form.

7. Subscriber’s General Obligations

7.1. The subscriber must ensure that their contact details as per the Application Form remain up-to-date by notifying Inno Fleet in writing of any change.

7.2. They keep the Inno Fleet emergency number handy and contact the Inno Fleet control room as soon as possible after a theft or hijack event.

7.3. Their vehicle is taken to an approved installation centre should they become aware, or are made aware by Inno Fleet, that the unit in their vehicle is suspect. Failure to do so will lead to the suspension of the Inno Fleet service.

7.4. They keep false alarms to a minimum. Inno Fleet reserves the right to only respond once positive confirmation of an event can be obtained in a scenario where an unreasonable amount of false alarms have been received. Inno Fleet’s judgments as to what constitutes an unreasonable amount would be binding.

7.5. They remain contactable in the event that they test the system to avoid the unnecessary dispatching of response teams.

8. Exclusion of Liability

8.1. Inno Fleet and its agents, employees, and independent subcontractors will not be liable for any loss or damage of whatsoever nature caused to the subscriber in consequence of any act or omission, or any failure to perform the Inno Fleet service pursuant to this agreement notwithstanding negligence on their part.

9. Breach

9.1. If the subscriber fails to pay any amount under this Agreement on the due date, Inno Fleet may suspend its obligation to render the Inno Fleet service without notice to the subscriber. All amounts payable for the remaining term of the agreement will become payable immediately.

10. General

10.1. If Inno Fleet is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement by reason of force majeure, (being a cause beyond the control of Inno Fleet) Inno Fleet shall be relieved of its obligations hereunder during the period that such an event continues but only to the extent so prevented. This does not preclude the subscriber from terminating this agreement in accordance with the provisions hereof.

10.2. This agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, written or oral, in connection with the subject matter hereof.

10.3. No addition to, variation, or consensual cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of all the parties.

10.4. No indulgence which any of the parties (“the grantor”) may grant to any other or others of them (“the grantee(s)”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee(s) which might have arisen in the past or which might arise in the future.

10.5. Words referring to the singular shall include the plural and vice versa, and words referring to one gender shall include the other gender; any reference to an actual person shall include a body corporate, firm, or association and vice versa.