IntelliTrac Fleet Management System Order & Application Form
24 Month Agreement for the Provision of Internet Application Hosting and Terms and Conditions of Sale
For assistance in completing this form please call 1300 767 492
Company Details *Blue Indicates Mandatory Fields Registered Company Name (If Pty. Ltd or Ltd) Trading Name ABN Street Address Address (cont.) Suburb State ACT NSW NT QLD SA TAS VIC WA Post Code Work Phone FAX Company Website Address Purchase Order Details Name of Person Placing This Order Position Held Email Address Phone Fax Mobile Telephone Number Purchase Order Number Please fax purchase order to 03 9466 7188 Accounts Payable Details Accounts Payable Contact Name Email Address Phone Fax Billing Details Billing Street Address Suburb State ACT NSW NT QLD SA TAS VIC WA Post Code User Login Details Additional users may be allocated when this application is accepted Preferred Username Preferred Password Vehicle Make Vehicle Model Voltage Rego Allocated Driver Preferred name of this device Vehicle Type Type of GPS Required RF Driver ID Reader Refrigerated Temp Monitoring Message Data Terminal SOS Button Security Monitoring Service 1 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 2 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 3 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 4 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 5 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 6 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 7 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 8 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 9 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 10 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 11 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 12 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 13 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 14 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 15 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 16 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 17 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 18 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 19 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No 20 12V 24V Sedan Personal Tracking Device Wagon 4 WD Ute Truck Prime Mover Trailer Refrigerated Trailer Cement Mixer Coupe Convertible Mini Digger Bobcat Escavator Generator Garbage Truck Street Sweeper Water Flush Truck Boat Refrigerated Truck X1 Plus IT10 IT200 SPT100 Personal Tracker Yes No Yes No No MDTII Basic In Car PC No Dash Mount Neck Pendant Both Yes No Security Monitoring Service Details The fields below are mandatory only if you have selected security monitoring as part of your fleet management system Contact To Call In Case Of Alarm Condition Date Of Birth Phone Mobile Afterhours Alternate Contact DateOf Birth Relationship to Primary Contact Phone Mobile Afterhours CodeWord (This will be requested by security operations) MothersMaidenName (This will be requested if Codeword Forgotten) Pricing for Supply Of Devices Total Price Quoted AUD$ + GST Quotation Number Quoted By IntelliTrac Representative Mobile Data Preference IntelliTrac To Supply Sim Cards and include in Monthly Flat Fee I will supply my own sim cards Calculation of Monthly ASP Fees Number of Tracking Systems Required Monthly Fee to host each tracking system Total Monthly Fees + GST Calculation of Annual Security Monitoring Fees Number of Systems Requiring Monitoring Annual Monitoring Fee Per Device Total Annual Monitoring Fee Payable in Advance + GST Any special comments you wish to add Terms and Conditions of Sale:- Please read carefully and acknowledge Terms and Agreements of Sale and Provision of Application and Hosting Service BETWEEN IntelliTrac and the ‘Customer’ as identified in this electronic Agreement which will be forwarded to IntelliTrac in the form of an email and stored in the IntelliTrac Database. 1.Interpretation. In the interpretation of the terms:- “Agreement” means this agreement for the provision of GPS Tracking Devices including Personal Tracking Devices and In Vehicle Units for the purposes of GPS Tracking, Software Application Services and GPRS Bundled Communications. “Customer” means the Incorporated Company, Business Entity and/or Person/s defined in page 1 of this application under Applicant Details. “ASP ” means the Internet Software Application used for the purposes of GPS Tracking; “IntelliTrac Data Centre” means IntelliTrac’s Computer Infrastructure is used for hosting of its ASP service. “GPS” means Global Positioning System “Asset” means any vehicle, motorcycle, plant & equipment or other product in which IntelliTrac products are installed; “IntelliTrac” means, IntelliTrac Pty. Ltd. ABN 31-238-398-354 of 11 Scholar Drive Bundoora Victoria 3083 Australia. “IntelliTrac Product/s” means GPS AVL (Automatic Vehicle Location ) products. “IntelliTrac Coverage Area” means the coverage area as defined by the communications service provider being Telstra, Optus or Vodafone at the sole discretion of IntelliTrac; “GPRS Service Provider” means the communications service provider being Telstra, Optus or Vodafone and may vary from time to time. “GPRS Services” means communications services required for the IntelliTrac Products to Transmit information to the IntelliTrac Data Centre. “GPRS Bundled Communications” means where IntelliTrac sources and directly pays the GPRS Service Provider on your behalf for any GPRS Services incurred for the supply of SBT ASP Service, hence facilitating the provision of one monthly account to The Customer by IntelliTrac for both ASP Services and GPRS Services. “Third Party Equipment” means any equipment supplied by a third party to be installed in the Asset which may interfere with the correct operation of the IntellTrac Products “User Manual” means A guide or booklet being hardcopy or softcopy available from IntelliTrac and the IntelliTrac Web Site which may be amended from time to time, detailing the correct use of the IntelliTrac Products and ASP Services. 2.Installation and Use of IntelliTrac Products 2.1 The Customer must use the IntelliTrac Products and ASP services strictly in accordance any applicable laws relating to The Privacy Act and in accordance with The User Manual and will ensure that all other persons operating the products are familiar with the applicable laws relating to The Privacy Act and The User Manual and the operation of the products in particular the requirements in the case of an inadvertent or mistaken action creating excessive tracking requests. 2.2 IntelliTrac approved installers will install the IntelliTrac Products. The customer must not attempt or allow any third party to remove, modify or tamper with the IntelliTrac Products or ASP Software Platforms without IntelliTrac’s prior written consent. IntelliTrac will in no way be liable for any damage caused to the Customer’s Asset or surrounds in the course of installing the IntelliTrac Products. The Customer’s rights for such damage lie against the installer and the customer indemnifies IntelliTrac in relation thereto. 2.3 The Customer must quote their ASP User Logons and Passwords or Identification details to the relevant IntelliTrac agent or representative when requested. The Customer must not disclose their ASP User Logons and Passwords or Identification details to any other person or record or leave the ASP User Logons and Passwords or Identification details in such a place as to make the ASP User Logons and Passwords or Identification details easily accessible to unauthorised persons. ASP User Logons and Passwords or Identification details are to be completed on the IntelliTrac Fleet Management ASP Agreement Form. 3. ASP Services 3.1 In return for a Monthly Fee, IntelliTrac will provide the ASP services as requested by The Customer, commencing on the date notified to the Customer by IntelliTrac. 3.2 Without limiting clause 6.1 where the ASP Fee is not paid within (14) fourteen days of the due date outlined on the IntelliTrac tax invoice, IntelliTrac will have no further obligation or responsibility to provide the ASP Services, and the Customer is obliged to pay the remaining portion of the 24 Month Agreement within 14 days. 3.3 All payments relating to this agreement by The Customer to IntelliTrac are to be via Direct Debit of the Customer’s Nominated Bank Account or Credit Card. If the direct debit via one means fails, IntelliTrac has the right to debit the second means listed in this agreement. At its discretion, IntelliTrac may direct debit the full remaining portion of the contract at any time. 3.4 The Customer acknowledges that all Software and Mapping Data remains the property of IntelliTrac and the Customer has rights to the use of the ASP Software when ASP fees are paid in full and up to date. 4. Risk 4.1 The Customer expressly acknowledges that due to circumstances often beyond the control of IntelliTrac, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, Police or Emergency Services or security patrol services, the IntelliTrac Products and ASP Services may not operate as designed. The Customer also acknowledges that IntelliTrac is not responsible for damages to the IntelliTrac Products and ASP Services or their failure to perform, as a result of any defect in the asset, accident ,vandalism or other consequence. 4.2 The Customer therefore understands and agrees that IntelliTrac will not be responsible for any performance, or failure, of the ASP Services and/or IntelliTrac Products, and any resulting loss of business or profits or other loss or damage whether due to the circumstances envisaged in clause 4.1 or otherwise. 4.3 The Customer acknowledges that IntelliTrac is not responsible for malfunction of or failure to function by any Third Party Equipment or any damages caused as a result of such failure or malfunction. 4.4 The Customer Acknowledges that regardless of the quality of data obtained by The IntelliTrac Products, ASP Services or GPRS Service provider, the customer is liable to pay any agreed charges regardless of operation or use, until a written notice of Termination or Suspension of Services is received from The Customer. (Subject to Clause 6.1) 4.5 The Customer Acknowledges that where the GPRS Bundled Communications exceed the agreed monthly allocation of 5MB, IntelliTrac may charge The Customer any excess usage fees. 5. Change of Ownership 5.1 The Customer must notify IntelliTrac where the Customer’s Asset is assigned, sold or leased to a third party. Failure to do so will make the customer liable for any remaining term in this 24 month agreement plus any deemed administration costs. 6. Termination 6.1 IntelliTrac may at any time by written notice terminate this Agreement. The Customer may terminate this agreement after the initial contract term by giving at least 90 days written notice to terminate this Agreement. Where the customer is in default or The Customer terminates this Agreement, no entitlement to a refund of ASP fees will be payable. The customer must pay any outstanding fees and charges as detailed or assumed in the agreement for the remaining portion of the Contract Term immediately. Where IntelliTrac terminates this agreement the customer must pay any outstanding fees and/or access charges as detailed in the agreement for the remaining portion of the Contract Term immediately 7. Basis of Order 7.1 An Order by the Customer will be binding if it is issued on this IntelliTrac Fleet Management 24 Month Agreement internet application form. IntelliTrac retains the right at all times to accept or refuse an Order. 7.2 IntelliTrac will arrange delivery and installation of the IntelliTrac Products as soon as is practically possible following acceptance of the order. 8. Prices and Payments 8.1 The prices payable for the IntelliTrac Products and ASP Services are quoted in this Agreement. 8.2 Where the Customer pays for IntelliTrac Products ASP Services and or installation thereof by continuing credit card instalment payments or a Direct Debit Authority, the Customer acknowledges that IntelliTrac is authorised to deduct all due payments on the dates on which they are required to be made. 8.3 Where the Customer makes payments to IntelliTrac by way of credit card instalments or Direct Debit Instalments, the Customer must immediately notify IntelliTrac of the loss or theft or expiry of the particular credit card or Nominated Bank Account. The Customer must notify in writing of replacement credit card or Nominated Bank Account details as soon as practically possible so that continuing credit card payments are not terminated. 8.4 Where a Customer wishes to stop any credit card instalment payments or Direct Debit Payments to IntelliTrac (after the initial contract period), the Customer must notify IntelliTrac in writing of such decision. Subject to clause 6.1 8.5 Payment of all IntelliTrac Products and ASP Services is due according to the terms and conditions as specified in this Agreement. 8.6 Should the Customer default in any scheduled payment of this Agreement, all monies due under the terms of this agreement will be due and payable immediately. 9. Warranty 9.1 IntelliTrac warrants that the products supplied in this agreement are free from defects and defaults and fit for the purpose for which they are intended as of the date of installation. 9.2 This warranty continues in force for a period of (12)Twelve months from the date of installation of the products in the Asset. If an authorised installer removes and refits the products during the warranty period in a new Asset then the warranty period will continue to run and the date of installation will be the date of installation in the first Asset nominated by the customer. 9.3 Subject to clause 9.4 IntelliTrac will repair or replace, at its absolute discretion, any defective IntelliTrac products or component parts during the warranty period at its own expense less removal, reinstallation and shipping costs back to the IntelliTrac Service Centre in Melbourne Australia. 9.4 The IntelliTrac Warranty immediately becomes void if the Customer fails to comply with the User Manual operating instructions and information or the customer or any person not authorised by IntelliTrac attempts to service, repair, assemble, disassemble, tamper with or remove the IntelliTrac products (or components thereof) or ; the Customers Asset has been involved in an accident or materially damaged and/or the IntelliTrac products have not subsequently been tested or approved by a IntelliTrac authorised person. 9.6 The warranty offered by IntelliTrac is a back to base warranty and the Customer is liable to pay any device removal, shipping and re-installation costs By acknowledging this agreement with the response YES the Customer acknowledges that he or she has read, understood and agrees to be bound by these terms and conditions. If you agree with the terms and conditions of sale please answer YES (type in capital letters)
Company Details
Purchase Order Details
Accounts Payable Details
Billing Details
User Login Details
Pricing for Supply Of Devices
Mobile Data Preference
Calculation of Monthly ASP Fees
Calculation of Annual Security Monitoring Fees
Any special comments you wish to add
Terms and Conditions of Sale:- Please read carefully and acknowledge
Terms and Agreements of Sale and Provision of Application and Hosting Service BETWEEN IntelliTrac and the ‘Customer’ as identified in this electronic Agreement which will be forwarded to IntelliTrac in the form of an email and stored in the IntelliTrac Database. 1.Interpretation. In the interpretation of the terms:- “Agreement” means this agreement for the provision of GPS Tracking Devices including Personal Tracking Devices and In Vehicle Units for the purposes of GPS Tracking, Software Application Services and GPRS Bundled Communications. “Customer” means the Incorporated Company, Business Entity and/or Person/s defined in page 1 of this application under Applicant Details. “ASP ” means the Internet Software Application used for the purposes of GPS Tracking; “IntelliTrac Data Centre” means IntelliTrac’s Computer Infrastructure is used for hosting of its ASP service. “GPS” means Global Positioning System “Asset” means any vehicle, motorcycle, plant & equipment or other product in which IntelliTrac products are installed; “IntelliTrac” means, IntelliTrac Pty. Ltd. ABN 31-238-398-354 of 11 Scholar Drive Bundoora Victoria 3083 Australia. “IntelliTrac Product/s” means GPS AVL (Automatic Vehicle Location ) products. “IntelliTrac Coverage Area” means the coverage area as defined by the communications service provider being Telstra, Optus or Vodafone at the sole discretion of IntelliTrac; “GPRS Service Provider” means the communications service provider being Telstra, Optus or Vodafone and may vary from time to time. “GPRS Services” means communications services required for the IntelliTrac Products to Transmit information to the IntelliTrac Data Centre. “GPRS Bundled Communications” means where IntelliTrac sources and directly pays the GPRS Service Provider on your behalf for any GPRS Services incurred for the supply of SBT ASP Service, hence facilitating the provision of one monthly account to The Customer by IntelliTrac for both ASP Services and GPRS Services. “Third Party Equipment” means any equipment supplied by a third party to be installed in the Asset which may interfere with the correct operation of the IntellTrac Products “User Manual” means A guide or booklet being hardcopy or softcopy available from IntelliTrac and the IntelliTrac Web Site which may be amended from time to time, detailing the correct use of the IntelliTrac Products and ASP Services. 2.Installation and Use of IntelliTrac Products 2.1 The Customer must use the IntelliTrac Products and ASP services strictly in accordance any applicable laws relating to The Privacy Act and in accordance with The User Manual and will ensure that all other persons operating the products are familiar with the applicable laws relating to The Privacy Act and The User Manual and the operation of the products in particular the requirements in the case of an inadvertent or mistaken action creating excessive tracking requests. 2.2 IntelliTrac approved installers will install the IntelliTrac Products. The customer must not attempt or allow any third party to remove, modify or tamper with the IntelliTrac Products or ASP Software Platforms without IntelliTrac’s prior written consent. IntelliTrac will in no way be liable for any damage caused to the Customer’s Asset or surrounds in the course of installing the IntelliTrac Products. The Customer’s rights for such damage lie against the installer and the customer indemnifies IntelliTrac in relation thereto. 2.3 The Customer must quote their ASP User Logons and Passwords or Identification details to the relevant IntelliTrac agent or representative when requested. The Customer must not disclose their ASP User Logons and Passwords or Identification details to any other person or record or leave the ASP User Logons and Passwords or Identification details in such a place as to make the ASP User Logons and Passwords or Identification details easily accessible to unauthorised persons. ASP User Logons and Passwords or Identification details are to be completed on the IntelliTrac Fleet Management ASP Agreement Form. 3. ASP Services 3.1 In return for a Monthly Fee, IntelliTrac will provide the ASP services as requested by The Customer, commencing on the date notified to the Customer by IntelliTrac. 3.2 Without limiting clause 6.1 where the ASP Fee is not paid within (14) fourteen days of the due date outlined on the IntelliTrac tax invoice, IntelliTrac will have no further obligation or responsibility to provide the ASP Services, and the Customer is obliged to pay the remaining portion of the 24 Month Agreement within 14 days. 3.3 All payments relating to this agreement by The Customer to IntelliTrac are to be via Direct Debit of the Customer’s Nominated Bank Account or Credit Card. If the direct debit via one means fails, IntelliTrac has the right to debit the second means listed in this agreement. At its discretion, IntelliTrac may direct debit the full remaining portion of the contract at any time. 3.4 The Customer acknowledges that all Software and Mapping Data remains the property of IntelliTrac and the Customer has rights to the use of the ASP Software when ASP fees are paid in full and up to date. 4. Risk 4.1 The Customer expressly acknowledges that due to circumstances often beyond the control of IntelliTrac, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, Police or Emergency Services or security patrol services, the IntelliTrac Products and ASP Services may not operate as designed. The Customer also acknowledges that IntelliTrac is not responsible for damages to the IntelliTrac Products and ASP Services or their failure to perform, as a result of any defect in the asset, accident ,vandalism or other consequence. 4.2 The Customer therefore understands and agrees that IntelliTrac will not be responsible for any performance, or failure, of the ASP Services and/or IntelliTrac Products, and any resulting loss of business or profits or other loss or damage whether due to the circumstances envisaged in clause 4.1 or otherwise. 4.3 The Customer acknowledges that IntelliTrac is not responsible for malfunction of or failure to function by any Third Party Equipment or any damages caused as a result of such failure or malfunction. 4.4 The Customer Acknowledges that regardless of the quality of data obtained by The IntelliTrac Products, ASP Services or GPRS Service provider, the customer is liable to pay any agreed charges regardless of operation or use, until a written notice of Termination or Suspension of Services is received from The Customer. (Subject to Clause 6.1) 4.5 The Customer Acknowledges that where the GPRS Bundled Communications exceed the agreed monthly allocation of 5MB, IntelliTrac may charge The Customer any excess usage fees. 5. Change of Ownership 5.1 The Customer must notify IntelliTrac where the Customer’s Asset is assigned, sold or leased to a third party. Failure to do so will make the customer liable for any remaining term in this 24 month agreement plus any deemed administration costs. 6. Termination 6.1 IntelliTrac may at any time by written notice terminate this Agreement. The Customer may terminate this agreement after the initial contract term by giving at least 90 days written notice to terminate this Agreement. Where the customer is in default or The Customer terminates this Agreement, no entitlement to a refund of ASP fees will be payable. The customer must pay any outstanding fees and charges as detailed or assumed in the agreement for the remaining portion of the Contract Term immediately. Where IntelliTrac terminates this agreement the customer must pay any outstanding fees and/or access charges as detailed in the agreement for the remaining portion of the Contract Term immediately 7. Basis of Order 7.1 An Order by the Customer will be binding if it is issued on this IntelliTrac Fleet Management 24 Month Agreement internet application form. IntelliTrac retains the right at all times to accept or refuse an Order. 7.2 IntelliTrac will arrange delivery and installation of the IntelliTrac Products as soon as is practically possible following acceptance of the order. 8. Prices and Payments 8.1 The prices payable for the IntelliTrac Products and ASP Services are quoted in this Agreement. 8.2 Where the Customer pays for IntelliTrac Products ASP Services and or installation thereof by continuing credit card instalment payments or a Direct Debit Authority, the Customer acknowledges that IntelliTrac is authorised to deduct all due payments on the dates on which they are required to be made. 8.3 Where the Customer makes payments to IntelliTrac by way of credit card instalments or Direct Debit Instalments, the Customer must immediately notify IntelliTrac of the loss or theft or expiry of the particular credit card or Nominated Bank Account. The Customer must notify in writing of replacement credit card or Nominated Bank Account details as soon as practically possible so that continuing credit card payments are not terminated. 8.4 Where a Customer wishes to stop any credit card instalment payments or Direct Debit Payments to IntelliTrac (after the initial contract period), the Customer must notify IntelliTrac in writing of such decision. Subject to clause 6.1 8.5 Payment of all IntelliTrac Products and ASP Services is due according to the terms and conditions as specified in this Agreement. 8.6 Should the Customer default in any scheduled payment of this Agreement, all monies due under the terms of this agreement will be due and payable immediately. 9. Warranty 9.1 IntelliTrac warrants that the products supplied in this agreement are free from defects and defaults and fit for the purpose for which they are intended as of the date of installation. 9.2 This warranty continues in force for a period of (12)Twelve months from the date of installation of the products in the Asset. If an authorised installer removes and refits the products during the warranty period in a new Asset then the warranty period will continue to run and the date of installation will be the date of installation in the first Asset nominated by the customer. 9.3 Subject to clause 9.4 IntelliTrac will repair or replace, at its absolute discretion, any defective IntelliTrac products or component parts during the warranty period at its own expense less removal, reinstallation and shipping costs back to the IntelliTrac Service Centre in Melbourne Australia. 9.4 The IntelliTrac Warranty immediately becomes void if the Customer fails to comply with the User Manual operating instructions and information or the customer or any person not authorised by IntelliTrac attempts to service, repair, assemble, disassemble, tamper with or remove the IntelliTrac products (or components thereof) or ; the Customers Asset has been involved in an accident or materially damaged and/or the IntelliTrac products have not subsequently been tested or approved by a IntelliTrac authorised person. 9.6 The warranty offered by IntelliTrac is a back to base warranty and the Customer is liable to pay any device removal, shipping and re-installation costs By acknowledging this agreement with the response YES the Customer acknowledges that he or she has read, understood and agrees to be bound by these terms and conditions.
If you agree with the terms and conditions of sale please answer YES (type in capital letters)
