Terms And Conditions
All contracts for the sale of products or services made by Fleetview Solutions Limited (registered in England no. 05725109) are deemed to include these Terms and Conditions of Sale (the Terms), which shall prevail over any other document or communication between the parties unless otherwise agreed in writing. For the purposes of this document the term Product shall include vehicle tracking system terminals, antennae, cables and any ancillary equipment and accessories. The term Services shall include delivery, installation, repair and replacement of products and the provision of data, reports and other information by any medium. The term SIM Card shall mean any subscriber identity module used in any of the Products. The term Customer shall mean any company, partnership, association or individual entering into a contract for the purchase or rent of Products or Services from Fleetview Solutions.
If any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, then the rest shall not be affected. Each of the parties agrees that these Terms represent the entire agreement between them.
Any notice to be given in respect of these Terms by either of the parties shall be in writing and delivered to the registered office.
Prices and Payment Terms
Prices are only valid if expressed in writing by Fleetview Solutions and only for the quantity of Products and time period stated in its quotation or order confirmation. If not stated, the validity period is 30 days.
Unless otherwise stated on Fleetview Solutions ’s order confirmation or invoice, payment of all invoiced amounts shall be made within 30 days of the date of invoice or before any due date for payment shown on the invoice. If any payment is not made by the Customer by the due date, Fleetview Solutions reserves the right to charge interest at the rate of 4% above the Royal Bank of Scotland plc base rate until payment is received in full.
If the Customer agrees to lease or hire the Products from a third party such as a finance company, it is the Customer’s responsibility to ensure that all lease or hire agreements, payment guarantees, acceptance notes and initial payments are completed satisfactorily within 7 days of delivery. If the Customer fails to comply with this requirement or the 3rd party fails to pay Fleetview Solutions within 30 days from delivery then Fleetview Solutions shall invoice the Customer directly for the Products at its published prices and such invoice shall be payable by the Customer within 7 days. At the end of any such lease or hire agreement, title shall pass to Fleetview Solutions unless otherwise agreed in writing.
Delivery and Installation
All delivery times and dates are approximate, but Fleetview Solutions shall use its reasonable endeavours to respect them. Time shall not be of the essence, and Fleetview Solutions shall not be liable for any loss or damage resulting from late delivery or from its failure to respect an appointment for installation. If the Customer delays the installation of any Products beyond 30 days from the date of the first Product installation for that order, Fleetview Solutions shall be entitled to deliver the remaining Products to the Customer’s delivery address and the order shall be deemed to be complete.
In the event that installation is carried out by the Customer or a person appointed by the Customer, Fleetview Solutions shall not be liable for any loss or damage whatsoever, arising directly or indirectly, as a result of any negligence or failure to follow Fleetview Solutions written instructions in installing the Products.
Title and Risk
Title in Products purchased by the Customer passes upon full payment and until then the Customer must insure and store the Products separately and maintain them in good order. Title in Products rented by the Customer shall remain vested in Fleetview Solutions and these Products must be returned to Fleetview Solutions at the expense of the Customer in good order at the end of such rental. Title in the SIM Card shall remain vested in Fleetview Solutions, or its provider of SIM Cards, in all circumstances. Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether installation has been completed or not.
Fleetview Solutions guarantees to the Customer that the Products purchased will be free from defects for a period of 12 months from delivery unless otherwise stated on the order confirmation. Should the Products be defective within this period, Fleetview Solutions will repair or replace them within a reasonable time using components or replacements that are new, or equivalent to new. In the case of Products rented from Fleetview Solutions this guarantee will continue for the duration of the Product rental.
Fleetview Solutions does not warrant that the Products are fit for any particular purpose, nor that that the Services will be without disruption, nor that any reports, data or information provided as part of the Services will be free from errors, omissions, inaccuracies or nonconformities, and Fleetview Solutions shall have no liability or obligation to the Customer in this respect except as provided hereunder.
Fleetview Solutions makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Fleetview Solutions shall not be liable for and provides no warranty for any damage caused by the Customer or his representative or any unauthorised 3rd party through incorrect installation, use, modification or repair of the Products, nor for any accidental or other damage to the Products caused by any party or external force.
Intellectual Property Rights
Fleetview Solutions retains all Fleetview Solutions owned Intellectual Property in the Products and Services. Copyright and all other intellectual property rights subsisting in the database and date accessible via the Services and each and every piece of information provided through the Services ‘the Information’ is owned by Fleetview Solutions or the providers of such information. The Customer may use Information retrieved from the Services only for his own purposes which means that the Customer may not sell, resell, retransmit or otherwise make the Information retrieved from the Services available in any manner or on any medium to any third party unless the Customer has obtained Fleetview Solutions prior written consent.
The Customer shall not remove, or permit or allow others to remove, any SIM Card from any of the Products. The Customer is responsible for the loss or theft and any consequent (including fraudulent or improper) usage of the SIM Cards. In the event that Fleetview Solutions has reasonable grounds to believe that the Customer may be in breach of the provisions of this clause, Fleetview Solutions may, at its sole discretion, discontinue the provision of Services to the Customer on any one or all of the Products supplied to the Customer.
Both Fleetview Solutions and the Customer must treat all information received from the other marked ‘Confidential’, or which is reasonably obvious to be confidential, as it would treat its own confidential information. Information that is to be considered confidential may include, but not be limited to: business plans, lists of customers, operational and technical data and product plans. The provisions of this clause shall survive the termination of any contract between The Customer and Fleetview Solutions by three years.
Nothing in these Terms shall exclude or limit Fleetview Solutions liability for death or personal injury caused by Fleetview Solutions negligence nor its liability for fraudulent misrepresentation. Without prejudice to any other provision of these Terms, in any event Fleetview Solutions total liability for any one claim or for the total of all claims arising from one act of default on Fleetview Solutions part (whether in tort, contract, negligence or otherwise) shall not exceed the total amount paid by the customer for the Products or Services in respect of which a claim is made. In the case of any claim made against Fleetview Solutions for disruption to the Services or any errors in the Information provided, Fleetview Solutions liability shall not exceed the total price paid by the Customer for the Services for the duration of any such disruption or errors and only in respect of those Products for which the Services were affected.
Fleetview Solutions shall not be liable to the Customer for any economic (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), special, indirect or consequential losses.
Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Fleetview Solutions shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under these Terms or loss or damage of any Products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of sub-contractors or sub-suppliers, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified) outside the reasonable control of Fleetview Solutions.
Fleetview Solutions may terminate any contract with the Customer if the Customer commits a material or persistent breach of these Terms and fails to remedy this within 30 days of written notice, or with immediate effect if the Customer does any act that might jeopardise the continuance of the Services.
The Customer may not assign his rights or obligations, in whole or in part, to any third party without Fleetview Solutions written approval.
Governing Law and Jurisdiction
This Agreement and these Terms shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use the website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
When you use Fleetview Solutions services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
Information that you provide on this website must be accurate and complete. In the event that you have any concerns or become aware of any misuse then you must inform us immediately (see Contact Us for full details).
Fleetview Solutions take great care when a service request is placed to ensure the best response. It is essential that the customer provide us with correct and accurate information regarding the vehicle(s) make, model, year of registration and any modifications to the vehicle(s) that may have an effect on service and a suitable confirmed address with authorised access. We must have this information not less than 2 working days before the agreed date and time of the service visit to avoid risk of cancellation.
Our service visit booking time is largely dependent on traffic and travel times. If you are not the first visit of the day, please understand that any delay in arrival time will have been out of our control and we will not under any circumstances be liable for any vehicle down time or any other claimed losses of any description. Any equipment facilitating the service visit that has been shipped direct to the customer or customers’ agents must be immediately available at the location and at the agreed time.
Our engineer will check the vehicle(s) before and after the service visit and may ask you to sign a completed job sheet. We advise the customer checks the vehicle(s) with the engineer before and after the service visit, any faults or problems with the vehicle(s) must be raised and discussed with the engineer before they leave the site.
We will not accept or be liable for any issues raised once the engineer has left the site. The customer or an authorised nominee must attend the vehicle(s) with the engineer before the job, and again once the service visit is complete.
The customer must be contactable by the engineer or our office at the time of the service visit.
Please allow time of 1 to 2 hours per vehicle for a service visit. In the case that a special antenna, or any extras such as cabling or Camera’s need to be fitted or that vehicle modifications hinder, then the visit time may be extended and this time will be chargeable at £45.00 + VAT per hour.
We request that any radio codes for vehicle stereos be available on the day for our installer.
Cover needs to be available for a service visit in poor weather conditions. If the engineer feels there is a high risk of water damage to the vehicle(s) and decides to cancel due to there being no cover then it will be deemed and processed as a cancellation.
Our service visits are generally booked Monday – Friday. If your service visit is taking place on a Saturday or Sunday, please be aware that our main office is not open on Saturday or Sunday.
In extremely rare circumstances that may be out of our control we reserve the right to cancel a service visit, or delivery. When circumstances out of our control dictate, we will not under any circumstances be liable for any vehicle down time or any other claimed losses of any description.
In the event of any of the above reasonable requests being breached ultimately causing a prolonged or cancelled service visit, or in the event of an engineer not being able to commence a service on time a charge of £65.00 + VAT will be levied against the service purchaser.
Service requests are chargeable with payment terms as per our invoice.
Any congestion zone, toll or parking charges will be added to the cost of re-installation.
By purchasing a service from Fleetview Solutions Ltd you automatically agree to our terms and conditions.