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Your
Privacy
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Everyone has the right to privacy, don't they?
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- Your details are securely stored with us.
- We do not and will not pass on your details to any 3rd
parties.
- Our staff have no access to your details once they are
stored.
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Terms
Of Trade
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1.
Definitions:
1.1. In these
Terms of Trade
“Contract” means
the contract between the customer and PanTrack for the
provision and installation of the system.
“Control & Processing Unit'" means
the Control & Processing Unit Equipment and software
package installed by PanTrack and/or its agents in the
customer’s premises.
“Equipment” means the DRU Data Receiving
Unit, Control & Processing Unit and ancillary hardware.
“Finance Company”
means a recognised Bank or financial institution who,
as part of their normal business activities provide
finance under Lease and Rental agreements with whom
PanTrack has made arrangements to provide finance for
Customers who meet the Finance Company’s lending
criteria.
“Installer” means an installer of DRU
Data Receiving Units or Control & Processing Units
who has been authorised and approved by PanTrack.
“PanTrack” Means PanTrack International
Limited (Company number 4323546). 91 Roseville Road.
Leeds. LS8 5DT or its successor in business.
“DRU/ Data Recieving Unit" means a
vehicle satellite tracking device installed by an installer
in or on the customer’s vehicles.
“Order” means a request/application
from a customer to PantTack to have the system installed
on the terms and subject to the conditions of theses
terms of trade.
“Sales Order Form” means the document
which contains the order and which incorporates the
PanTrack Terms of Trade.
“Rental Period” means an initial rental
period for 3 or 5 years unless as stated on the order
form from the date the Control & Processing Unit
is installed.
“Software” means the PanTrack vehicle
management and tracking computer programme supplied
by PanTrack which is necessary for the system and which
is to be installed by an installer in the customer’s
designated computer system.
“System” means the PanTrack vehicle
satellite tracking system including without limitation
the DRU/Data Receiving Unit, Control & Processing
Unit and software supplied by PanTrack.
1.2. Reference in these
Terms of Trade to the singular shall be deemed to include
the plural and vice versa. Headings to clauses are included
for ease of reference and shall not affect the interpretation
of these Terms of Trade.
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2.
Contract:
2.1.
The Contract shall be made by acceptance by PanTrack of
the customer’s completed order form, which acceptance
shall be signified by PanTrack countersigning the Order
Form, and such Contract should be subject to these Terms
of Trade. The contract shall be conditional on either
(i) confirmation by PanTrack that a finance company has
agreed to provide finance facilities to a Customer for
the purposes of the Contract, or alternatively that PanTrack
is willing to provide such finance facilities itself (in
either case, “Finance Confirmation”) or (ii)
agreement for outright purchase of the system under clause
3.3.2. If Finance Confirmation shall not be given within
14 days from the date of an Order then clause 3.3 shall
apply.
2.2. Once an Order Form has been submitted by a
customer the Order contained therein is binding on the
Customer and cannot be withdrawn.
2.3. No variation of these Terms of Trade shall
be binding unless agreed in writing between an authorised
representative of the Customer and PanTrack. At the request
of either party will verify whether any named individual
has the requisite authority.
2.4. Except where clause 3.3.2 applies, the contract
shall be for rental only of the system and no title in
the System or in any part of it shall pass to the Customer
unless specified otherwise on the Order Form.
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3.
Finance / Payment:
3.1. A deposit equal to one month’s rental
for the equipment supplied together with the associated
installation fee specified on the Order Form (plus VAT
at the appropriate rate) are payable on the date of an
Order and must accompany the Order Form.
3.2. Upon receipt of Finance Confirmation PanTrack
will contact the Customer confirming the basis on which
finance facilities are to be made available to the customer
and the customer shall enter into a lease agreement in
a form presented by PanTrack.
3.3. If Finance Confirmation is not made to the
Customer within 14 days from the date on an Order.
3.3.1. PanTrack may extend such period for as long
as it considers necessary for Finance Confirmation to
be made:or
3.3.2. The Customer and PanTrack my agree to continue
with the Order in which case the contract will become
unconditional upon payment in full by the Customer of
the total value of goods and services provided, less any
deposit or installation fee paid and retained by PanTrack
(plus VAT at the appropriate rate) prior to installation
of either the DRU/ Data Receiving Units or Control &
processing Unit.: or
3.3.3. Failing such extension or agreement the
contract will automatically terminate after 90 days from
the order date and the deposit and installation fee (as
outlined in 3.1 above) will be refunded to the Customer
less an administration fee of £50.00 per DRU/Data
Receiving Unit (plus VAT at the appropriate rate).
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4.
Installation of the Equipment:
4.1. Upon receipt of all completed documentation
and delivery of the equipment to the customer, or full
payment under clause 3.3.2 PanTrack will contact the Customer
providing details of the installer who will in turn contact
the Customer regarding the installation arrangements for
the DRU Data Receiving Units to be fitted to the Customer’s
vehicles.
4.2. The installer will contact the Customer in
order to arrange mutually convenient dates and times for
the installation of the DRU Data Receiving Units to take
place. The immediacy of such date or dates shall depend
on amongst other factors on the level of demand for the
Equipment from time to time. Should installation not take
place on the dates and times arranged due to the unavailability
of the customer’s vehicles at the agreed location
PanTrack reserves the right to make an additional installation
charge.
4.3. Where the Customer has had a trial of the
System prior to the placing of an Order, clauses 4.1 and
4.2 shall not apply except to the extent that the Order
covers further DRU Data Receiving Units or upgrades, or
additional products not previously installed.
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5.
Equipment Warranty:
If the Equipment and/or
Software becomes inoperative or develops fault be reason
of defective components, workmanship or design within
12 months of installation PanTrack will (at its own
discretion) repair or replace the Equipment free of
charge. PanTrack will have no such obligation if the
Equipment (or its installation) has been tampered with,
modified, repaired or transferred to another vehicle
(except by persons expressly authorised by PanTrack)
or has otherwise been the subject of misuse or accident.
The aforementioned shall be the Customer’s sole
remedy in respect of the supply of defective Equipment
and/or Software. Pantrack reserves the right from time
to time to modify the design, operation or performance
of the system.
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6.
Control & Processing Unit:
6.1. The Customer, for the purpose of installing and operating
the System, shall provide a suitable computer specification
to form the Control & Processing Unit as defined in
the minimum requirements notified by PanTrack and/or it’s
agent. This computer specification will be maintained
in good working order and will be updated as necessary
to accommodate any System changes and updates which may
be issued by PanTrack from time to time. Upgrading of
the computer specification may include, but will not be
limited to, all or any of the Equipment’s and Software’s
including storage capacity, processing speed, internal
memory, communication and printing facilities.
6.2. The customer will make available a suitably qualified
member of staff to ensure efficient operation of the Control
& Processing Unit computer system and to act as a
point of contact for PanTrack and its agents.
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7.
Software Licence:
The Customer undertakes
to accept and sign the Software Licence which accompanies
the software and abide by it’s terms. This shall
include an obligation to pay annual fees demanded by
Pantrack during the rental period. Payments due to airtime
providers remain the sole responsibility of the customer.
Pantrack has no obligations in this regard, but reserves
the right to alter airtime supply arrangements from
time to time at its sole discretion.
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8.
Limitation of Liability:
8.1. Without prejudice to clauses 8.1 and 8.3 below,
the liability of PanTrack whether in contract, tort (including
negligence)or otherwise for any loss or damage suffered
by the Customer as a result of any delay, defect or other
failure in relation to the System, and/or the installation
of the Equipment and/or the operation of the Software
shall not be limited to the payment by PanTrack of damages
which shall not exceed such sum as is equal to the outstanding
payment on the System to the end of the Rental Period
provided that where such period is greater than 12 months,
the period to be taken into account in assessing such
limitation of damages shall be limited to a 12 month period.
8.2. PanTrack shall not be liable for any loss
or damage arising as a result of Equipment or Software
being tampered with, modified, repaired or transferred
to another vehicle by any other person than a person expressly
authorised by PanTrack.
8.3. PanTrack shall not be liable for any loss
of profits, business or revenue, or for any special, indirect
or consequential loss, in either case whether suffered
by the Customer or any other person providing that nothing
in these Terms shall limit PanTrack’s liability for
personal injury or death resulting from it’s negligence.
8.4. NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY
RIGHTS OF A CUSTOMER.
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9.
Assignment:
This agreement is personal to the Customer and may not
be assigned by the Customer to any third party. PanTrack
shall be entitled to assign this agreement to any third
party.
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10.
Force Majeure:
PanTrack shall not be liable for any delay in performing
any of its obligations or any failure of the System to
performing any of it’s obligations or any failure
of the System to perform any of its functions under these
Terms caused by force majeure including, but not limited
to, act of God, insurrection or civil disorder, civil
disobedience, war or military operations, national or
local emergency, acts of omissions of Government, highway,
regulatory or other competent authority, unofficial or
otherwise unlawful industrial action of any kind, environmental
conditions, severe inclement weather, or any other cause
beyond PanTrack’s reasonable control.
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11. Governing Law:
These terms shall be governed by the laws of England,
to the jurisdiction of whose courts PanTrack and its customers
submit.
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12.
Notices:
12.1. Any notices given or made pursuant to these
Terms of Trade shall be in writing.
12.2. Any such notice shall be addressed, in the
case of PanTrack to it’s registered office and, in
the case of the Customer to the address on the Order Form
and shall be deemed to have been duly given or made as
follows:-
(i) if sent by registered first class post two clear business
days after posting; and
(ii) if sent by facsimile, when dispatched.
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