This section of the Terms and Conditions relates specifically to any equipment and/or services purchased through a Hire Agreement funded by a Finance Company introduced by Unitracker or appointed directly by the Customer. These terms form part of the contract with the customer and should be read in conjunction with the general Terms and Conditions which govern this contract.
1. Hire of the Equipment:
1.1 In relation to Hire Contracts Only:
1.1.1 upon Unitracker’s receipt of confirmation from a Finance Company that they will enter into a Hire Agreement with the Customer for the hire of Equipment (on a fixed term service subscription basis), Unitracker will contact the Customer stating the terms upon which the hiring of the Equipment is to be made available by the Finance Company and the period of service subscription included in the Hire Agreement. If the Customer agrees to such terms, the Customer will enter into the Hire Agreement for the Equipment.
1.1.2 if, within 90 days from the date on which Unitracker receives the Order Form, a Finance Company do not agree to enter into a Hire Agreement with a Customer, Unitracker reserve the right to undertake the following:
1.1.2.1 extend the period of time to whatever it deems necessary for confirmation to be sought from a Finance Company that they will enter into a Hire Agreement with the Customer; or
1.1.2.2 seek agreement with the Customer to continue with the Order Form via the Customer purchasing the Equipment outright from Unitracker, in which case the Contract will become a Purchase Contract and conditional upon Unitracker’s receipt of the purchase price of the Equipment less any monies already received from the Customer; or
1.1.2.3 in the event that Unitracker do not receive confirmation from a Finance Company under clause 1.1.2.1 or an outright purchase of the Equipment is not made by the Customer then any such Order Form will terminate after 120 days from the date on which Unitracker receives the Order Form and any deposit paid to Unitracker will be forfeited by the customer.
1.2 The agreement of a Finance Company to enter into a Hire Contract is subject to credit and the acceptance criteria of the Finance Company or being met and also conditional upon the Installer being able to install all Equipment within 30 days of delivery.
1.3 Unitracker will not supply any equipment or confirm any provisional installation dates until it has received signed documentary proof that the customer has entered into a binding hire contract with a Finance Company and all of the funds due under the contract have been received by Unitracker.
1.4 In relation to Hire Contracts, the Term will commence from the commencement of the Hire Agreement and conclude upon either the expiration or termination of the Hire Agreement.
1.5 In relation to Hire agreements which have been converted to Purchase Contracts, the initial Term of the subscription will be that indicated in the Order Form.
2. Delivery and Installation of the Equipment and System:
2.1 Upon Unitracker’s receipt of all completed documentation (and, in relation to Purchase Contracts, Unitracker’s receipt of all sums owing by the Customer to Unitracker) Unitracker will deliver the Equipment to the Customer.
2.2 The Customer acknowledges that:
2.2.1 any delivery dates provided by Unitracker to the Customer are best estimates only and Unitracker reserves the right to make deliveries of the Equipment in instalments and shall not be liable for any loss, expense and damage incurred by the Customer that may arise as a result of the early or late delivery and/or installation of the Equipment;
2.2.2 it is aware that, in order to install the Equipment, it may be necessary for the Installer to drill holes and connect to a vehicle’s electrical system and agrees that Unitracker will not be liable for any costs, expenses or damages arising from the performance of such necessary installation requirements;
2.2.3 in the event that the Installer is an employee or sub-contractor of Unitracker, the Installer shall not be liable for any costs, expenses or damages incurred by the Customer resulting from the Installer’s failure to adhere to any pre-arranged installation dates or the installation, de-installation or re-installation of the Equipment. Unitracker will endeavour to undertake all installations on the date agreed with the customer, however, reserves the right to re-schedule any installation appointment which it is unable to attend due to circumstances beyond its control. In any event, the customer accepts that any claim made against Unitracker will be limited to the value of the installation only; and
2.2.4 in the event that the Installer is an independent contractor, who has been directly engaged by the customer, the Customer shall pursue the Installer, and not Unitracker, for any costs, expenses or damages resulting from the Installer’s failure to adhere to any pre-arranged installation dates or the installation, de-installation or re-installation of the Equipment.
2.3 If any or all of the Customer’s vehicles, that are subject to the installation of the Equipment, are not available for the installation to be carried out by the Installer on a pre-arranged installation date then Unitracker reserve the right to charge the Customer additional payments (on a vehicle by vehicle basis) to cover Unitracker’s additional costs for the installation to be carried out on a rearranged date. The additional payment (per vehicle) will be equal to the original price of the aborted installation and payment will be required from the customer before an alternative installation date can be scheduled.
2.4 In relation to a Hire Contract or a Purchase Contract Monthly/Quarterly Option, if a Customer’s vehicle is repossessed, stolen or damaged, whilst the Equipment is installed in that vehicle, the Customer’s obligations under the Contract will continue.
2.5 In relation to a Hire Contract funded by a Finance Company;
2.5.1 save for any delay caused by Unitracker and/or the Installer in installing the Equipment, all Equipment must be installed within 30 days of Unitracker’s delivery of the Equipment to the Customer. In the event that the Customer does not make available all vehicles, within which the Equipment is to be installed, to the Installer within 30 days of the Customer receiving the Equipment or does not, for any other reason, allow the installation of any Equipment within 30 days of the Customer receiving that Equipment, Unitracker shall continue to supply the service element of the agreement in accordance with the terms agreed with the Finance Company, regardless of the delay caused by the customer.
2.5.2 the Equipment may only be removed from a vehicle with the Finance Company’s written permission and by an Installer approved by Unitracker. The cost of the removal will be confirmed by Unitracker, in writing, prior to removal and all charges quoted will need to be paid in advance of a removal date being agreed and confirmed;
2.5.3 the Customer must not sell, hire, abandon, sublicense, assign, transfer and/or create any encumbrance over the Equipment during the period of the hire agreement; and
2.5.4 upon the expiration or termination of the Hire Agreement, Unitracker will contact the Customer to confirm that the customer has exercised their right to purchase the equipment from the Finance Company. Unitracker will then offer terms for a new subscription service directly to the customer using the equipment already installed in the vehicle(s). Any such agreement will be subject to a new service contract.
2.6 The Customer warrants and represents that it has:
2.6.1 all requisite authorisations of any leasing or finance company of the Vehicles in relation to the installation and use of the Equipment on its Vehicles; and
2.6.2 that the installation of the Equipment shall not breach any term of a leasing, finance or other contract.
