This document serves as your agreement with Precision Vehicle and Asset Tracking for the services we offer.

  1. Definitions:

  1. “Agreement” - The agreement concluded between the Client and Precision in respect of the Product and/or Service contemplated in the Subscriber Application Form which agreement will be exclusively governed by these terms and conditions and the specific terms and features applicable to the relevant Product or Service (as contained in Precision’s Product brochures), read together with the Subscriber Application Form and any appendices attached;

  2. “Business Day” - Any day other than a Saturday, Sunday or official public holiday in Botswana;

 

  1. “Precision” Precision Vehicle and Asset Tracking (Pty) Ltd and any entities appointed by Precision to perform the Service and shall include references to the employees, agents, sub-contractors, service providers, suppliers and any independent contractors of Precision or such appointed entities;

 

  1. “Client” – The Party whose details appear on the Subscriber Application Form and who has signed after being requested to read these terms and conditions which will govern the relationship between the Parties;

  2. “Confidential Information”- Information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential;

  3. “Day; Week; Month” – Calendar day, week or month, respectively;

 

  1. “Fee” – The collective fees for providing the Service, and Rental (if applicable), specified on the Subscriber Application Form and payable monthly in advance by the Client to Precision, together with any other charges which Precision is allowed to levy under this Agreement and which are set out in the Price Table;

  2. “Installation Centre” – A centre approved by Precision for the installation of a fixed Unit;

 

  1. “Intermediary” – A third party nominated by the Client;

 

  1. “Loss” - The hi-jacking and/or theft of a Vehicle, in which event the Client is responsible to immediately notify Precision if the Client has a Tracking  Unit and SLR;

  1. “Product” – the Unit and/or the value-added services selected by the Client on the Subscriber Application Form;

 

  1. “The Parties/Party” – Precision and the Client; either Precision or the Client;

 

  1. “Price Table” – An indicative price list, available to the Client on request, setting out the ruling retail price for the Service, the Subscription, the Products and ancillary charges which may be updated from time to time;

  2. “Purchase Price” – The amount specified as the “Cash Purchase Price” on the Subscriber Application Form for the cash purchase of the Unit;

  3. “Subscription” – The amount specified as “Monthly Rental Subscription” on the Subscriber Application Form, for the rental of the Unit, payable monthly in advance to Precision for the duration of the Term;

  4. “Roaming Costs” – Any GSM costs incurred when the Unit transmits messages via a GSM network when located outside the Territory;

 

  1. “ Service” – means the provision by Precision to the Client of Fleet Management Services (“FMS”) and/or Stolen Vehicle Location Services (“SLR”), dependent on the Product selected by the Client on the Subscriber Application Form;

    1. “FMS” - means the provision by Precision to the Client of a real-time web based system whereby the Client is able to position, monitor and obtain reports covering various aspects of driver and Vehicle performance. This Service only applies where a GPS fleet management Unit is installed and is limited to the Territory, except if the Product specifically incorporates international data roaming, in which case the roaming data service will be provided in specified countries;

    2. “SLR” - means the provision of a Service by Precision to the Client whereby Precision conducts the tracking and Location operations in accordance with Precision’s standard procedures to secure the Vehicle after receiving notification of a Loss by the Client. This Service is only applicable in the Territory and in countries where Precision has an operational branch;

  2. “Subscriber Application Form” – The face of this Agreement and any appendices attached;

 

  1. “Term” – Where the Client has selected the cash purchase option, from and including the date of installation to 00:00 on the last day of the 12th month; where the Client has selected the Rental option, from and including the date of installation to 00:00 on the last day of the Subscription period stipulated in the Subscriber Application Form, which Subscription period shall be deemed to be 12 (Twelve) months from installation;

 

  1. “Territory” – The Republic of Botswana and The Republic of South Africa.

 

  1. “Unit” – The electronic device and ancillary equipment to be installed in a Vehicle by an Installation Centre in order for Precision to provide the Service;

  2. “Vehicle” – Any Vehicle or other asset of the Client which is the subject of this Agreement and in which a Unit is installed, the details of which appear either on the Subscriber Application Form or on any appendix attached.

 

2 The Service

  1. A Precision Installation Centre shall install the Unit into the Clients Vehicle/s.

 

  1. Where the Client has selected a Unit with the SLR, with or without FMS, the following shall apply:

 

  1. Precision will respond to each notification of a Loss and do all that it reasonably can to Locate and help in the Recovery of the Vehicle.

 

  1. Precision does not guarantee that the SLR will lead to a recovery. The Client acknowledges that the SLR is intended to reduce the risk of Loss, but will not eliminate such risk;

  2. The Client shall, immediately or as soon as is practically possible, notify Precision of any request unintentionally generated (”false alarm”). The Client will be responsible for any false alarm and understands that such false alarm may lead to the relevant authorities or Precision responding thereto and making wrongful arrests. Accordingly, the Client shall be responsible to repay all costs and any expense incurred by Precision, and hereby indemnifies Precision against all claims or damages arising out of a false alarm.

 

  1. Where the Client has selected a Unit with the FMS, with or without SLR, the following shall apply:

 

  1. the FMS features provided by Precision to the Client are dependent on and limited to the Product selected by the Client and as indicated on the Subscriber Application Form and in the Product brochures;

  2. secure 24 (twenty four) hour access to the web-based monitoring and reporting system shall be provided to the Client after the creation of a user name and password;

  3. user support shall be provided by user manuals and a telephonic/email support desk.

 

  1. Precision provides its Clients with a free, 24 (twenty four) hour Unit testing service.

 

  1. The Client accepts responsibility for making all reasonable enquiry as to the suitability for purpose of the Unit, the main features of which are disclosed in Product brochures which are available to the Client on request.

 

3 Terms and Cancellation

  1. This Agreement shall continue for the Term.

 

  1. The Client may cancel this Agreement in writing or other recorded manner:

 

  1. by giving Precision notice of 1 (one) month upon expiry of the Term, subject to the Client remaining liable to Precision for any amounts owed in terms of the Agreement up to the date of cancellation; or

  2. at any other time, by giving Precision notice of 1 (one) month, subject to the Client remaining liable to Precision for any amounts owed in terms of the Agreement up to the date of cancellation and subject to clause 3.3.

  1. Precision may impose a cancellation penalty, should the cancellation be before the end of the Term, in lieu of costs incurred with respect to the Service provided in contemplation of the Agreement enduring for its intended Term.

  2. Precision may cancel this Agreement 1 month after giving written notice to the Client of a material failure (i.e. non-payment or failure to comply with the obligations in terms of this Agreement) by the Client , unless the Client has rectified the failure within that time.

 

  1. In the event that the Client finds the Unit defective or not of the standard described, the Client shall return the Vehicle to Precision within 10 (ten) Business Days of fitment, at Precision’s risk and expense, for Precision to inspect the Unit installed in the Vehicle. Should the Unit be found to be defective, Precision shall, at its discretion, replace the Unit or cancel the Agreement.

 

4 Renewal

  1. Precision will, not less than 1 month before the expiry of the Term of the Subscription option, notify the Client in writing or any other recordable form of the impending expiry date, including the notice of:

    1. any material changes that will apply if the Agreement is to be renewed or which may apply beyond the expiry of the Term; and

 

  1. any options available to the Client in terms of clause 4.2.

 

  1. On the expiry of the Term, it will automatically be continued on a month-to-month basis, subject to the notice periods in clause 3 and any material changes of which Precision has given notice (in terms of clause 4.1.1) unless the Client:

    1. directs Precision to terminate the Agreement on the expiry date of the Term in terms of clause 3; or

 

  1. agrees to a renewal of the Agreement for a further period.

 

5 Fee

  1. The Price Table, as contained in the Product brochures and updated from time to time, will be made available to the Client upon the Client’s request.

  2. The Client shall pay Precision the Fee for the Service as set out in the Subscriber Application Form as revised from time to time as per clause 5.1, monthly in advance by debit order on the Client’s bank account.

  3. In the event that the payment date as selected by the Client on the Subscriber Application Form does not fall on a Business Day, the Client hereby agrees that Precision may debit the Client’s bank account on the preceding Business Day.

  4. The Client shall pay Precision for additional ad-hoc Services such as Roaming Costs within 30 (thirty) days of receipt of an invoice from Precision. The Client agrees such costs reflected on an invoice received from Precision shall be considered a true reflection of the costs incurred by the Client and the Client shall not withhold payment for any reason whatsoever.

  5. The first Fee and the Purchase Price, if applicable, shall be paid upon installation of the Unit.

 

  1. Precision shall provide the Client with written notice of 1 month before each annual Fee increase stating the increased amount and the effective date.

  2. The Client agrees that the proportion of the Fee which relates to foreign currency input costs may be subject to change, at Precision’s discretion, based on the foreign exchange rate at any given time and/or any price changes effected by third party service providers. Accordingly, Precision shall provide the Client with 30 (thirty) days written notice of any such changes in the Fee.

  3. All amounts outstanding in terms of this Agreement shall bear interest from the due date until payment at the maximum rate permitted by law.

  4. Where the Fee, by direct or indirect agreement between the Client and the Intermediary, is to be paid to Precision by the Intermediary and the Intermediary fails to pay any Fee, the Client will be responsible to pay such Fee and, for the remainder of the Term, to pay by debit order in terms of clause 5.2 any outstanding Fee due and any future Fee due in terms of this Agreement.

  5. Fees for other services shall be charged for at prices (VAT inclusive) as stipulated on the Subscriber Application Form.

 

6 Hardware and Warranty

  1. The Client will be responsible to use the Unit and the Service in the manner advised by Precision and as reflected in Precision’s Product brochures. The Client shall not, in any way remove, alter or tamper with the Unit.

  2. Subject to the Client complying with clause 6.1, the Unit and the installation thereof carries a 12 (twelve) month warranty. Any maintenance and/or repairs must be carried out at an Installation Centre.

  3. All risk of loss and damage in and to the Unit shall, from the date of installation, pass to the Client, but ownership of the Unit shall remain with Precision until payment has been made in full. If the Unit has not been paid for in full and this Agreement is terminated in accordance with clause 3 or clause 9, Precision may at the client’s expense remove the Unit and the Client shall, within 5 (five) days of receipt of any written or verbal request, deliver the Vehicle to an Installation Centre for such removal.

 

7 Furnishing of Information

  1. The Client confirms the completeness and accuracy of all the information on the Subscriber Application Form or otherwise furnished by or on behalf of the Client to Precision.

  2. The Client shall immediately, or as soon as is practically possible notify Precision in writing of any changes to the information on the Subscriber Application Form, or furnished to Precision from time to time, by written notice to marketing@precisionvat.com which information will be updated within 7 (seven) days of receipt by Precision.

  3. The Client has selected the address referred to on the Subscriber Application Form as its selected legal address where all communications from Precision and any legally required notices will be delivered for all purposes arising out of this Agreement, provided that the Client shall be entitled to change such legal service address, on written notice to Precision or through the Client Services Portal. Precision will effect such change within 7 (seven) days of receipt by Precision of such notice.

 

8 Client’s General Obligations

  1. It is the responsibility of the Client to contact the Precision control centre for a Unit test to be carried out.

 

  1. The Client must take all reasonable steps to ensure that the Unit is in proper working order and must immediately or as soon as is practically possible report any Unit faults and/or failures to Precision in order for Precision to provide the Service.

  2. The Client must ensure that the Precision emergency numbers (+ 267 71893901 or +267 2408318) are kept handy and contact Precision as soon as possible after a Loss.

  3. The Client holds exclusive responsibility, and Precision shall have no liability, for ensuring that the Service complies with all laws regarding the intended use by the Client of the Service herein.

 

9 Default

9.1 If the Client (or the Intermediary on the Client’s behalf), after 7 (seven) days written notice of default, fails to pay any amount due in terms of this Agreement or the Client abuses or misuses the Service, then, for the duration of such default, Precision may suspend all of its obligations in terms of this Agreement. Precision shall be entitled to recover arrear Fees by debiting the Client’s account with the outstanding amount or by any other legal action, and cancel the Agreement, charging a reasonable penalty fee for early cancellation.

 

 

11 Disclaimers

11.1 Precision makes no warranty that the Service will capture all events, that remote access and the GSM network will be continuous or uninterrupted, that the fleet management web based system will be error-free, or that any specific result or outcome will be achieved by utilizing the Service, or that the use of the Service by the Client will comply with all applicable laws.

 

12 Warranties and Representations

  1. The Client represents and warrants that:

 

  1. it has the necessary right and authority to enter into this Agreement, is the lawful owner and/or possessor of the Vehicle, and is therefore permitted to allow Precision to provide the Service herein;

  2. in making such disclosure, the Client hereby indemnifies Precision from any claim whatsoever which may arise from any third party/ies against Precision in the event that the Client has misrepresented its right and authority.

 

13 Exclusion of Liability

13.1 In addition to any other indemnities contained in this Agreement, Precision will not be liable for any loss or damage of whatsoever nature caused to the Client in consequence of any act or omission by Precision, notwithstanding any negligence on the part of Precision, provided only that Precision is entitled in law to contract out of such liability. In the event that Precision is, despite the provisions of this clause 13, found by a court of law with competent jurisdiction to be liable for any loss or damage to the Client, Precision’s liability will be limited to the maximum amount of P30 000 (thirty thousand pula).

14 General

  1. Precision will make every reasonable effort to carry out its obligations under this Agreement, using commercially reasonable efforts conforming to generally accepted industry standards. Where Precision is directly or indirectly prevented or restricted from carrying out all or any of its obligations under this Agreement by a cause beyond its control, then Precision cannot be held responsible for delay or failure in performance in meeting its obligations.

  2. For the duration of this Agreement and at all times after its termination, each Party and its employees and agents agree not to disclose any Confidential Information obtained from the other Party to any other person or entity.

  3. The Client may not alter the terms of this Agreement without the written consent of Precision. Precision reserves the right to amend these Terms and Conditions from time to time. Any new version of the Terms and Conditions will be displayed on the Precision Website (http://www.precisionvat.com) together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the Client’s obligation to visit the Precision Website on a regular basis in order to determine whether any amendments have been made and the effective date thereof.

 

  1. Where any number of days or other period is given in this Agreement for the carrying out of the Service or obligations, the days will be calculated excluding the first day and including the last day.

  2. In the event of Precision taking legal action against the Client or the Intermediary for breach of this Agreement, the Client shall be responsible for all costs (on a client and own attorney scale) allowable by the courts if an award is made in Precision’s favour.

  3. The nature and amount of any indebtedness of the Client to Precision at any time shall be determined and proved by a document signed by a manager of Precision, whose capacity or authority it shall not be necessary to prove. Such certificate shall, upon the mere production thereof, be binding on the Client as prima facie proof that the amount stated therein is due and payable, and will prima facie be valid as a liquid document against the Client in any competent court. If the Client wishes to dispute such certificate or the effects thereof, the burden of proof rests on the Client.

 

  1. Neither Party may cede or delegate the rights or obligations in terms of this Agreement without the prior written consent of the other Party, which consent shall not unreasonably be withheld.

  1. Precision will attempt to resolve any dispute quickly and efficiently. The Client may direct any complaint to the Department of Consumer Affairs. Should the Client not be satisfied with the complaint resolution, the Client may take action in a competent court.

  1. The laws of the Republic of Botswana will apply to this Agreement and the relevant courts of the Republic of Botswana will have exclusive jurisdiction in relation to the Agreement.

  2. The Client undertakes to provide Precision with a 30 (thirty) day written notice in the event that the Client no longer wishes to receive correspondence regarding new Products and value-added services.

 

Revision date: 18 April 2017

 

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