WE TRACK 24/7 VEHICLE TRACKING & GSM SERVICES

WE TRACK 24/7
Reg. No. 2011/136793/07
PO Box 1333
Durbanville
Cape Town
7551
Tel: 086 111 7673
Fax: 021 975 2477
E-mail: info@wetrack247.co.za
VEHICLE TRACKING & GSM SERVICES CONTRACT
This form, duly completed, including Addendum A (Required Services) and the Terms and Conditions, forms part of the
contractual agreement entered into by and between the SUBSCRIBER named and identified in the following lines, and We
Track 24/7 (hereafter referred to as WT24/7). When completed, please fax your form to 021 975 2477.
1. Private individuals
Title
(Please include a copy of the relevant ID and bank statement)
First name
Surname
ID No.
Employer
Tel no.
Insurance
co./Broker
Marital status (tick)
Policy no.
Single
Married COP
Name of spouse
2. Businesses / Companies
ANC with Accrual
ANC no Accrual
Spouse’s ID
(Please include all relevant documentation)
Company name
Contact person duly
authorised by the company
Registration no.
VAT no.
Insurance co.
Policy no.
3. Invoicing information
Postal address
Code
Physical address
Code
Tel no.
Fax
Cell no.
E-mail
4. Vehicle and registration details
(Please include a copy of the vehicle’s registration papers or
licence disc)
Registration no.
Engine no.
VIN no.
Page 1 of 9
Vehicle make (eg VW)
Model (eg Polo)
Y
Year
Y
Y
Y
Colour
Preferred town/suburb for fitment
5. Authorised user details
Primary user
ID no.
Tel no.
Cell no.
Polling access required?
User name:
YES
NO
YES
NO
YES
NO
Password
Secondary
user
ID no.
Tel no.
Cell no.
Polling access required?
User name:
Password
Third user
ID no.
Tel no.
Cell no.
Polling access required?
User name:
Password
The subscriber requires WT24/7 to react to alarms from the vehicle and respond to telephonic requests for information/service
from the subscriber/authorised users named below, who are to have cellular phone access to the secure unit and information.
Subscriber signature
Date
6. Debit order authorisation
D
D
M
M
Y
Y
(Please attach a copy of a cancelled cheque or header of your bank
statement)
Account holder
Bank
Branch
Account
no.
Branch code
Account type
Payment date:
st
1 day of the month
I/We hereby acknowledge acceptance of the above services and costs, and authorise WT24/7 or its cessionary in terms of
the VEHICLE TRACKING & GSM SERVICES CONTRACT to draw against my/our banking account (details indicated above),
varying amount
Name
Date
Signature
D
D
M
M
Y
Y
Name
Date
Signature
D
D
M
M
Y
Y
7. Declaration
The subscriber warrants that the above information is true and correct and, by his/her/their signature acknowledges
entering into a VEHICLE TRACKING & GSM SERVICES AGREEMENT with WT24/7, on WT24/7’s standard Terms and
Conditions as provided in this contract and further acknowledges that he/she is authorised to undersign and enter into this
agreement.
Name
Signature
Page 2 of 9
Date
D
D
M
M
Y
Y
Name
Date
Signature
D
D
M
M
Y
Y
Page 3 of 9
ADDENDUM A:
Required services
The subscriber wishes to receive the following selected services:
Plan (36-m onth contract)
PAYMENT OPTIONS
Plan*
Option 1
Price (VAT
inclusive)
Initial
Option 2
Quantity
Price (VAT
inclusive)
We Smart
R1 999 + R149pm
R999 + R199pm
We Lite
R1 799 + R149pm
R799 + R199pm
We Lite Mini
R1 599 + R149pm
R599 + R199pm
We Bike
R1 899 + R149pm
R899 + R199pm
We Can
R1 999 + R169pm
Not available
Quantity
* All units stay the property of We Track 24/7 and must be returned.
Accessories
Accessory
We
Smart
Unit tamper
❁
Tom Tom /
GARMIN
Integration
❁
We Lite
❁
We Lite
We Bike
Mini
❁
We Can
Price
POA
❁
CANBUS
❁
R5 980 + R60pm
Fuel Sensor
❁
R1 999 + R20pm
Temperature
Sensor
❁
❁
R1 499 + R30pm
Radio
Frequency
Identification
(RFID) Reader
/ ANTI HIJACK
❁
❁
R799 + R30pm
Radio
Frequency
Identification
(RFID) Tag
❁
❁
R69 each
Barcode
Reader
❁
❁
❁
❁
❁
R799 + R30pm
❁
R399
R899 + R20pm
R1 799 + R30pm
❁
❁
R499 + R35pm + R114
once-off
Radio
Frequency
(RF) Dialer &
Receiver
❁
R399 + R10pm
PUSH
BUTTON 24-hr
Assist
❁
❁
❁
❁
R199 + R10pm
Remote 24-hr
Assist Button
❁
❁
❁
❁
R499 + R10pm
Relay for
Immobilizer
❁
❁
❁
❁
R399 + R20pm
Online CCTV
3G
Park Alarm
Initial
R399 + R10pm
❁
OBD
OBD II
Extension
Cable
MDT M7 / M7+
Interactive
Hands-Free Voice
Kit (Speaker &
Microphone with
RF Receiver)
QTY
POA
❁
❁
❁
R342 + R25pm
* All per month pricing is subject to a 36-month contract (Ts & Cs apply). Prices include VAT
Page 4 of 9
Value-added services
Service
Real-time monitoring by 24-hour control
room
SMS alerts
Low battery power down / phone
notification
Unit insurance in case of theft
Price (VAT inclusive)
Initial
R39pm (included in monthly fee)
R1 per SMS
R10pm (included in monthly fee)
R35pm (Ts & Cs apply)
Stolen vehicle recovery
R25pm
Roadside assistance
R16pm
SIM data from outside South Africa
R25pm
Schedules
R25pm
SARS log book
Quantity
Free
Optional free rem inder service (Send copy of driver’s licence)
To be reminded of the following renewals, please specify the renewal date or other details:
Vehicle 1:
Vehicle registration
Vehicle licence
Driver’s licence
Professional Driving Permit (PDP)
Service intervals
Every
km
Every
km
Every
km
Every
km
Other (specify details)
Vehicle 2:
Vehicle registration
Vehicle licence
Driver’s licence
Professional Driving Permit (PDP)
Service intervals
Other (specify details)
Vehicle 3:
Vehicle registration
Vehicle licence
Driver’s licence
Professional Driving Permit (PDP)
Service intervals
Other (specify details)
Vehicle 4:
Vehicle registration
Vehicle licence
Driver’s licence
Professional Driving Permit (PDP)
Service intervals
Other (specify details)
Page 5 of 9
TERMS AND CONDITIONS
indefinitely unless and until it is terminated by either party on the
giving of 3 (THREE) months written notice to the other party.
1.
INTERPRETATION
In this Agreement:
1.1
Clause headings are for convenience and shall not be used in this
interpretation.
1.2
Unless the context clearly indicates a contrary intention, an expression
which denotes any gender includes the other genders, a natural person
includes an artificial person and vice versa, the singular includes the
plural and vice versa and the following expressions bear the meanings
assigned to them below and cognate expressions bear corresponding
meanings:
3.
SUBSCRIPTIONS
3.1
The Customer shall pay the monthly subscriptions in advance by way
of direct bank debit order to WT24/7 from time to time. WT24/7 shall be
entitled to increase the subscription by the giving of not less than
30 (THIRTY) days written notice to the Customer.
3.2
Any amounts not paid timeously shall become payable, together with
interest thereon and the penalties charged to WT24/7 by the bank, from
the date when the amount became due and payable until the date of
payment at 2% (TWO PER CENT) above the prime rate.
1.2.1
“Agreement” means this agreement, including the front page, as
well as any other annexure and schedules from time to time
incorporated by reference to this agreement.
3.3
1.2.2
“Authorised users” means those who may be authorised by the
Customer to request position updates in respect of the vehicle
from the WT24/7MC or to request immobilisation of the vehicle.
In the event that a third party is paying the Customer’s subscription,
this shall in no way limit the Customer’s obligation to pay such
subscription in the event of the third party failing to do so.
3.4
1.2.3
“Commencement date” means the date of the installation
certificate.
1.2.4
“WT24/7” means We Track 24/7 (Registration No. 2011/136793/07).
The Customer agrees that the amounts contained in a Tax Invoice
issued by WT24/7 shall be due and payable unconditionally in cash on
installation or, if the Customer is a Credit Approved Customer, within
30 (THIRTY) days from the end of the month in which the Tax Invoice
has been issued by WT24/7.
1.2.5
"Customer" means the subscriber who is the person and/or
company whose full details are set out on the face of the
document, paragraph 1 and/or 2 hereof.
3.5
1.2.6
"WT24/7MC" means We Track 24/7 Monitoring Centre.
The Customer may not withhold payment of any amount due in terms of
this contract for any reason whatsoever and no extension of time for
payment of any amount shall be binding unless agreed to in writing by
WT24/7.
1.2.7
“False alarm” means an alarm signal sent to a WT24/7MC in
respect of a panic alarm, area violation or battery tampering where
such a condition is not an actual emergency and the
Customer/authorised user has not notified the WT24/7MC in
respect thereof.
3.6
The Customer is not entitled to set off any amount due to the Customer
by WT24/7 against this debt in terms of the agreement.
3.7
The Customer agrees that a certificate issued and signed by any
director or manager of WT24/7 or its duly appointed auditors from time
to time, whose authority need not be proved, shall be prima facie
proof of the indebtedness of the Customer at the date of such
certificate.
3.8
Any printout of computer evidence tendered by any party shall be
admissible evidence and no party shall object to the admissibility of
such evidence purely on grounds that such evidence is computer
evidence or that the requirements of the Electronic Communications
and Transactions Act 25 of 2002 have not been met.
The Customer expressly agrees that no debt owed to WT24/7 by the
Customer shall become prescribed before the passing of a period of 6
(SIX) years from the date the debt falls due.
1.2.8
“GSM Service” is the service rendered by a cellular service
provider for transmitting location and speed data from the product
to an authorised user’s cell phone and the WT24/7MC.
1.2.9
“Installation certificate” means the certificate issued by a WT24/7
installer certifying that the product has been successfully installed
in the vehicle.
1.2.10
"Occurrence" means the happening of an event which initiates the
recovery process or some other action for which the product is
designed.
3.9
1.2.11
"Prime rate" means the prime rate charged by Standard Bank of
South Africa from time to time to its most favoured subscribers on
unsecured overdraft accounts in which regard a certificate signed
by an official of the said bank stating the interest rate applicable
from time to time shall be prima facie proof of such interest rate.
4.
LIMITATION OF LIABILITY
Whilst WT24/7 shall take every care to ensure that all reasonable efforts are
made regarding the product and the service, such product and service can
be affected by factors outside WT24/7’s control. WT24/7 does not,
accordingly, provide any warranty nor accept any liability arising in respect
of any failure in the provision of the service arising from any negligence or
gross negligence on the part of WT24/7 or its nominee or agents or
subcontractors or any damage, including any loss of profits, business or
revenue, or any consequential loss suffered by the Customer as a result of
any delay, defect or other failure of the product or services. The Customer
remains responsible for ensuring that the product is comprehensively
insured at all times, whether on a rental option or otherwise.
1.2.12
"Product" means the WT24/7 Secure range of products to be
installed in the Customer’s vehicle.
1.2.13
“Service” means the package of services detailed in the price list
and Stolen Vehicle Recovery and GSM Services contract, with
reference to each individual version of the product.
1.2.14
“Stolen Vehicle Recovery” means the recovery of the stolen
vehicle/s through other recovery companies contracted by WT24/7
and instructed by WT24/7.
5.
1.2.15
"SMS" means Short Message Service.
5.1
1.2.16
“Subscriber” means client/Customer being the party contracting
with WT24/7 and the person or entity liable for payment of all the
services received from WT24/7 and identified in the schedule.
The Customer should, on a weekly basis, upon prior notification to
WT24/7, test the panic and other alarm statuses where applicable with
the WT24/7MC to ensure that the product is always in good working
order.
1.2.17
“Subscription charge” means the monthly amount (exclusive of
VAT) payable by the Customer for the service as set out on the
face hereof.
5.2
1.2.18
“Territory” means the Republic of South Africa which is
permanently covered by the GSM Network.
1.2.19
"User manual" means the user manual in respect of the product to
be installed for the Customer on the installation of the product.
1.2.20
“VAT” means Value Added Tax payable in terms of the Value
Added Tax Act No 39 of 1991 (as amended).
In the event of an occurrence and the Customer’s vehicle being
recovered, should the Customer elect not to collect the vehicle at the
scene, the Customer hereby duly authorises the recovery service
provider to tow the said vehicle away from the scene at the Customer’s
risk, that such vehicle will be stored at the Customer’s risk and that
he/she/it will be liable to the recovery service provider for any storage
costs which become payable in respect of the storage of the said
vehicle commencing from 24 (TWENTY FOUR) hours after the vehicle
has been delivered to the recovery service provider’s premises. All
costs incurred in this regard shall be for the account of the Customer.
5.3
1.2.21
“Vehicle” means the vehicle/s referred to in the schedules or
added to the schedules in which the product will be installed for
use under this agreement.
The Customer shall inform the vehicle manufacturer of the fitment of
the product where the vehicle manufacturer requires such notification.
5.4
The Customer shall not be entitled to cede, assign, sub-contract or
delegate any of its rights or obligations under this agreement without
WT24/7’s prior written consent.
5.5
The Customer shall provide WT24/7 with the data and personal
information required in the schedule and shall update that data and
information as and when change occurs.
2.
2.1
2.2
AGREEMENT AND DURATION
This agreement and the undersigning thereof constitutes an offer by
the Customer to appoint WT24/7 to provide the tracking services and
once this agreement is signed by the subscriber and accepted by
WT24/7 either in writing (via e-mail or fax) or by its commissioning of
the product, a binding agreement will come into existence between
WT24/7 and the subscriber on the terms herein. The Customer
endeavours to provide WT24/7 with the original signed agreement and
failure to do so does not constitute the agreement null and void.
This express agreement with the Customer shall commence on the
commencement date and shall endure for a fixed period of 36 (THIRTY
SIX) months from the commencement date where after it shall continue
6.
6.1
CUSTOMER'S RESPONSIBILITY
WT24/7'S RESPONSIBILITY
Whilst every care will be taken by WT24/7 in the installation of the
product, no liability shall be assumed of any nature whatsoever by
WT24/7 in respect of there being any damage to the vehicle as a result
of such installation of the product in the vehicle, prior to or after
installation, unless noted on the installation certificate.
Page 6 of 9
9.
THE WT24/7 SERVICE
9.1 WT24/7 shall use its best endeavours to maintain the availability of the
WT24/7 Tracking Service to the Customer in the territory subject to the
terms set out herein.
INITIAL: _____________________
6.2
WT24/7 shall be responsible for the repair and/or replacement, in its
sole discretion, of the product, or any parts thereof at no charge to the
Customer during the first 12 (TWELVE) months from the date of
installation where the product is found to be defective due to faulty
components, workmanship or design, but excluding any tampering,
modification, collision and/or other damage sustained by the product
outside the control of WT24/7. The replacement will not apply to
product which is not installed by WT24/7 or product which has been
modified, tampered with, misused or interfered with, and the Customer
agrees that for the duration of this agreement it will neither tamper or
interfere with the product, other than through WT24/7, or tamper with or
use the SIM Card other than for its intended purpose. The replacement
will not apply to water damage to the product.
7.
SUSPENSION AND TERMINATION OF SERVICE
7.1
WT24/7 may, at any time, without notice and without incurring any
liability whatsoever, suspend the service either in whole or in part in the
event of any one or more or all of the following occurring:
7.1.1
Technical failure of the GSM network and/or its reporting structures,
modifications/maintenance to the GSM network by the GSM service
provider.
7.1.2
Due to any Government and/or regulatory authority requirement.
7.1.3
The GSM provider ceasing to make the network available to WT24/7
or if it stops trading for any reason whatsoever.
7.1.4
The Customer defaults in terms of the operating instructions in the
user manual or fails to make any payment of any instalment on the
due date thereof.
7.1.5
WT24/7 is prevented from rendering the service due to force majeure.
7.1.6
Any cancellation by either party after the initial period of the contact.
7.1.7
Automatically and without prior notice and without liability on the part
of WT24/7, in the event of the Customer utilising the service in any
manner deemed by WT24/7 in its sole and absolute discretion to be
inappropriate (and the Customer hereby indemnifies and holds
WT24/7 harmless against any claim that may arise against WT24/7 as
a result of such improper use of the service). Automatically, further, if
the Customer or authorised user misuses the system.
7.1.8
7.1.9
8.
The Customer, failing to inform WT24/7 in writing within 7 (SEVEN)
days after the change of any Director, Member, Shareholder, Owner
or Partner or address or the alienation by the Customer of its
business, and failure to give such notice shall constitute a
material breach of this Agreement by the Customer to which WT24/7
shall have the right at its sole discretion to cancel the Agreement,
alternatively, to withdraw any credit facility advanced to the Customer
and demand payment of any amount then outstanding by the
Customer in full.
9.2 Where the vehicle/s are stolen in the territory during the period of this
agreement, WT24/7 shall use its best endeavours to utilise the product and
its resources and/or those of its nominee for the purpose of locating the
stolen vehicle.
9.3 In giving effect to its obligations above, WT24/7 will utilise the product to
monitor the alarm system of the vehicle and where a Customer does not
itself report the theft of a vehicle, WT24/7 will contact one or more of the
contact should an alarm signal be received from the product and will
thereafter use its best endeavours to locate the vehicle.
9.4 WT24/7 will in its sole discretion have the right to sub-contract, cede or
assign some or all of its obligations under this agreement to a third party
without the necessity of first receiving the Customers consent.
9.5 Where the vehicle has been stolen, it shall be the responsibility of the
Customer to inform WT24/7 immediately. In the event that the vehicle is
located other than by WT24/7 or its agents, or if the Customer fails to act
under this obligation timeously, WT24/7 shall be entitled to recover from the
Customer that portion of amounts as were incurred as a result of the
Customer’s failure to execute the obligations timeously.
9.6. Whilst WT24/7 will use its best endeavours to locate the vehicle, once
stolen, due to circumstances outside the control of WT24/7, or its nominee,
WT24/7 does not warrant that its endeavours will lead to the location and
recovery of the vehicle.
9.7 The Customer shall ensure it is familiar with the correct operating
procedure for the product and the use of WT24/7 tracking services.
9.8 WT24/7 obligations under this agreement are limited to the monitoring of
the product and use of the best endeavours to locate the vehicle. Where the
Customer has chosen for the recovery of the vehicle, the Customer
acknowledges that WT24/7 is contracted to a third party, nominee or person
to recover the vehicle and or provide services in terms of this agreement. In
the event that such third party, nominee or person ceases to make such
services available for any reason whatsoever, whether temporarily or not,
WT24/7 in its sole discretion and without incurring any liability at any time
and from time to time, suspend the WT24/7 service in whole or in part.
10. OPERATION IN TERRITORY
The Customer acknowledges that the product will only operate in the
territory in the event that a GSM network of the GSM service provider is
available and obtaining a signal in the area where the vehicle is being
operated.
11. OWNERSHIP
11.1
11.2
8.1
The Customer shall be liable for all additional charges in respect of the
de/re-installation of the product, any false alarms after the third one for
any specific month, incident reports, testing the secure units, etc.
8.2
Additional ground recovery after the 1 recovery per vehicle per month
will be charged at R500 + VAT per hour. This will be for the account of
the Customer.
8.3
In the event that the Customer utilises the international roaming facility,
he will be liable for the additional costs incurred by SMS/GPRS
transmissions made while outside of the territory.
8.4
The Customer shall be entitled to request the number of reports,
transmit the number SMS's and have a maximum data transfer per
month as set out in the contract or user manual as the case may be.
Any usage in excess to the allowable amount per month will be charged
as per Standard Rates of WT24/7 for such excess.
8.5
Installations are to be performed at WT24/7 branches or approved
fitment centres. Where on site installations are agreed upon, travelling
in excess of a 100km round trip will be charged at R2.75/km.
8.6
All additional charges shall be payable by the Customer in terms of the
Standard Rates of WT24/7 for any goods and services rendered then
charged by it to its usual Customers, which rates may be obtained on
request.
8.7
The Customer shall be entitled to an agreed number of SMS's in order
to obtain information per month. In respect of a Secure test and
emergency poles shall be charged at the usual rate charged by WT24/7.
In the event that a Customer exceeds the allowable monthly usage, then
such Customer shall be charged for such extra usage as provided for in
Clause 8.6.
All unit/s stay the property of WT24/7 and must be returned.
12. GENERAL
12.1
This document contains the entire agreement between the parties and
neither of them shall be bound by any undertakings, representations,
warranties, promises and the like not provided herein and no alteration
or addition to this agreement shall be valid unless agreed to by both
parties, reduced to writing and signed by the Customer and a duly
authorised representative of WT24/7.
12.2
In the event that WT24/7 institutes any legal proceedings of any nature
whatsoever against the Customer arising out of this agreement, the
Customer shall be liable to pay all the legal expenses of WT24/7 on the
attorney and own client scale, including but not limited to any tracing
fees, collection charges, valuation fees or any other costs WT24/7 may
incur in respect of such an action.
12.3
The Customer agrees that WT24/7 will not be required to furnish
security in terms of Rule 62 of the Rules of Court of the Magistrate's
Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of
1959.
12.4
Any document shall be deemed duly presented/delivered to and
accepted by the Customer (i) within 5 days of prepaid registered mail to
any of the Customer's business or postal addresses or to the personal
address of any director, member or owner of the Customer; or (ii) within
24 hours of being faxed to any of the Customer's fax numbers or any
director, member's or owner's fax numbers; or (iii) on being delivered
by hand to the Customer or any director, member or owner of the
Customer; or (iv) within 48 hours if sent by overnight courier or (v)
within 7 days of being sent by surface mail; or (vi) within 24 hours of
being e-mailed to any e-mail address provided by the Customer.
12.5
The Customer chooses its address for any notification or service of
legal documents or processes as the business address or the physical
addresses (domicilium citandi et executandi) of any Director (in the
case of a company), Member (in the case of a close corporation) or of
the Owner(s) or Partner(s).
12.6
The Customer undertakes to inform WT24/7 in writing within 7 days of
any change of Director, Member, Shareholder, Owner or Partner or
address or 14 days prior to selling or alienating the Customer’s
business and failure to do so will constitute a material breach of this
Agreement. Upon receipt of such written notification, WT24/7 reserves
The Customer shall be entitled to claim a pro-rat reduction of the
services fee for the period during which the tracking services are
suspended provided that the suspension endures for an
uninterrupted period of no more than 48 hours.
ADDITIONAL CHARGES
Ownership in the Sim card and connected GSM subscription shall
always vest in WT24/7.
st
Page 7 of 9
the right, at its sole discretion, to withdraw any credit facility advanced
to the Customer.
12.7
The Customer hereby consents to the storage and use by WT24/7 of the
personal information that it has provided to WT24/7 for establishing its
credit rating and to WT24/7 disclosing such information to credit
control companies, banks and other institutions involved in rating
credit. The Customer agrees that WT24/7 will not be held liable for the
good faith disclosure of any of this information to such third parties
and that no further specific consent needs to be obtained for the
transfer of such information to a specific third party
12.8
Each provision of this Agreement
provisions. Should any provision
unenforceable for any reason, the
Agreement shall nevertheless remain
force and effect.
14.2
to cancel the Agreement and take possession of any goods delivered to
the Customer and claim any damages suffered. These remedies are
without prejudice to any other right WT24/7 may be entitled to in terms
of this Agreement, or in Law.
14.3
In the event of cancellation by WT24/7, the Customer shall be liable to
pay (a) the difference between the selling price and the value of the
goods at the time of repossession and (b) all other costs incurred in the
repossession of the goods. The value of repossessed or retained
pledged goods shall be deemed to be the value placed on them by any
sworn valuator after such repossession, and such valuation shall be
conclusive proof of the value. If the goods are not recovered for any
reason whatsoever, the value shall be deemed to be nil. All legal fees
incurred by WT24/7 against the Customer is payable on a scale between
attorney and own client.
14.4
The Parties consent to the jurisdiction of the Magistrate’s Court.
is severable from the other
be found to be invalid or
remaining provisions of this
binding and continue with full
15. EXTENDED WARRANTY/MAINTENANCE
INITIAL: _____________________
12.9
Any order is subject to cancellation by WT24/7 due to acts of God or
any circumstance beyond the control of WT24/7, including (without
restricting this clause to these instances): inability to secure labour,
power, materials or supplies, war, civil disturbance, riot, state of
emergency, strike, lockout, or other labour disputes, fire, flood, drought
or legislation.
12.10
Any order is subject to cancellation by WT24/7 if the Customer
breaches any term of this Agreement or makes any attempt of
compromise, liquidation, sequestration, termination or judgement is
recorded against the Customer or any of its principals.
12.11
Ownership in all goods/product remains the property of WT24/7.
12.12
In the event that the subscriber is a legal entity, the signatory
acknowledges that the legal entity has given the necessary resolutions
and permission to enter into the agreement with WT24/7.
13. INDEMNITY
13.1
The Customer hereby indemnifies WT24/7 against any claims for
damage to the vehicle resulting from a refusal on the part of the vehicle
manufacturer to honour the vehicle warranty or maintenance plan,
which refusal is based on the product having been fitted to the vehicle.
13.2
The Customer indemnifies WT24/7 against any claims for damage to the
vehicle which are not covered by the vehicle manufacturer's warranty,
and which can be linked to the Product installation and/or functioning.
13.3
Where the Customer has selected the immobilisation option, he
acknowledges that neither WT24/7, its subsidiaries or affiliates accepts
or shall have liability of whatever nature and howsoever arising in
respect of any claim, damages, loss, expense, injury or loss of life
which may occur directly or indirectly as a result of the immobilisation
function functioning, not functioning or malfunctioning.
14. BREACH
In the event that the Customer fails to pay any amount due in terms of this
Agreement, or is in breach of any other term of this Agreement and after
having received due notice thereof from WT24/7 and failing to remedy such
breach within 7 (SEVEN) days thereof, then and in that event WT24/7 shall
be entitled:
14.1
to immediately institute action against the Customer claiming from the
Customer the full balance outstanding in respect of any uncompleted
portion of the initial period of 36 (THIRTY SIX) months, or
If the Subscriber accepts this option, WT24/7 shall maintain and repair the
unit, should it break, for the entire period of the agreement at no extra cost,
unless circumstances as set out in Clause 6.2 above occur.
16. INSURANCE
If the Subscriber accepts this option, WT24/7 will keep the unit insured
against all risks of theft or damage from collision and/ or any other damage
sustained by the product for the duration of the contract.
17. TERMINATION
If the Subscriber wishes to terminate this Agreement for any reason
whatsoever within the first 30 days, the Subscriber may apply to WT24/7 for
such with a cancellation penalty of 50% of the remaining Agreement term
plus de-installation costs and return of the tracking unit to WT24/7.
18 SURETY
The signatory hereby binds himself/herself in his/her personal capacity as
surety and co-principal debtor in solidum for the due performance of all the
subscribers obligations under this Agreement.
19. WT24/7 FLEET MANAGEMENT OR ADDITIONAL SERVICES
WT24/7 may offer to the Customer the services necessary for the facilitation
of vehicle fleet management. In the event that the Customer wishes to
subscribe for those additional services, then it shall execute WT24/7’s fleet
management service agreement which agreement will, save for the
amendments which are necessary to give meaning to that agreement, be
subject to the terms and conditions set out in this agreement.
Signed at: _______________________________________________________
On (date): _________________________________________________________
__________________________
Client
_____________________________
Witness
Name and surname of signatory: _______________________________________
ID no.:
__________________________________________________________
Address: __________________________________________________________
FOR OFFICE USE ONLY
Fitment centre
name
Subscriber account no.
Invoice no.
Installation certificate no.
Sales representative
Private individual
Business
Both
Checked & captured by
Copy of ID
Order no.
Cancelled cheque / bank statement /
payslip
Cancelled
cheque
Debit order details verified
Signature & initials
Signatory ID
Signature & initials
Subscriber name on all forms
Date
VEHICLES: ADDENDUM TO THE STOLEN VEHICLE RECOVERY & GSM SERVICES CONTRACT
Page 8 of 9
This document serves as an annexure to the "Agreement" as envisaged in item 1.2.1 of the Terms and Conditions of
Agreement attached to the VEHICLE TRACKING & GSM SERVICES CONTRACT entered into between the Subscriber
described above and WT24/7.
Please fax your completed agreement to 021 975 2477.
The agreem ent will be deem ed to be accepted on written notice from W T24/7
or by com m issioning of the product.
Page 9 of 9
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