Swiftrak

Terms & Conditions of Sale

Trak (Global Solutions) Limited

Our terms and conditions

1. Meanings used in these terms and conditions

1.1 When the following words with capital letters are used in these Conditions, this is what they will mean:

Business Day: means a working day other than a Saturday, Sunday or a public holiday.

Conditions: means these terms and conditions as amended from time to time in accordance with clause 1.9.

Contract: means the agreement between You and Us for the sale of the Product and Our supply of the Services to You in accordance with these Conditions.

Event Outside Our Control: is defined in clause 2.46.

Installation Fee: means the price for the installation of the Product as set out in the Order Confirmation.

Order: means the order You place with Us for the supply of the Product and Services on our website www.swiftrak.co.uk.

Order Confirmation: means the e-mail confirmation that We sent to You confirming the Order for the Product and Services that You made with Us and that the Purchase Price has been received in cleared funds.

a person means a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Privacy Policy: means the privacy policy accessible on the Swiftrak website (www.swiftrak.co.uk).

Product: means the Swiftrak unit we are selling to You as described in the Specification and as set out in the Order Confirmation.

Purchase Price: means the total price set out in the Order Confirmation agreed for the Product and Services for the Service Period, including the Installation Fee and the Subscription Fee.

Services: means the Swiftrak installation, data, security, monitoring, and location services provided by Us with the Product as set out in the Specification.

Service Period: means the term stated in the Order Confirmation for the delivery of the Services.

Specification:  means the description of the Product and Services, as set out in the Schedule and the User Guide.

Subscription Fee: means the fee for the data, security, monitoring, and location services provided by Us with the Product, as set out in the Order Confirmation. 

User Guide: means the guide provided with the Product [or via Our website www.swiftrak.co.uk] for Your use of the Product and Services. 

We / Us / Our: means TRAK (Global Solutions) Limited as registered in England and Wales with company number 06944694.

a reference to writing or written does not include faxes but will include e-mails if sent in accordance with Clause 2.50.

You / Your: means the person who purchases the Products and Services from Us.

Our Contract with You

1.2. These are the terms and conditions on which We will supply the Product and Services to You.

1.3. The Product and the Services are as described in the Specification. We reserve the right to amend the Specification if required by any applicable statutory or regulatory requirements.

1.4. When You place an Order You agree to purchase the Product and Services in accordance with these Conditions. You will have an opportunity to amend any errors before submitting your Order online. Please ensure that you take the time to read and check your Order before submitting it to Us as once the Order is submitted there will be no further opportunities for You to amend it. Please ensure that you read these Conditions carefully. You should print or save to your computer, a copy of these Conditions for future reference.

1.5. We will issue You with an Order Confirmation when Your Order has been accepted. An Order will only be accepted by us when we have received full payment of the Purchase Price, either by credit or debit card, at the time you place your Order. In the event that the Purchase Price is not received by us we will not issue an Order Confirmation and there will be no Contract. The Contract is formed when we send You Your Order Confirmation.

1.6. You may change Your Order at any time before delivery and installation of the Product by contacting Us in writing. Where this means a change in the total price of the Product and Services We will notify you of the amended price in writing and issue a new Order Confirmation.

1.7. If We are unable to supply you with the Product and Services we will inform You of this in writing and We will not process Your Order.

1.8. The Contract (and all documents referred to herein) constitutes the entire agreement between Us. If any of these Conditions are inconsistent with the terms of the Order Confirmation, then the Order Confirmation will prevail.

1.9. We have the right to revise and amend these Conditions from time to time and to modify the Product and Services to reflect matters such as changes in technology, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities. We will give You at least one month’s written notice of any changes to these Conditions before they take effect.

1.10. Any samples, drawings, descriptive matter or advertising issued by Us and any illustrations or descriptions of the Products and Services contained on our website are issued or published for the sole purpose of giving an approximate idea of the Product and Services described in them. They shall not form part of the Contract or have any contractual force.

1.11. Any quotation set out in the Offer Confirmation will only be valid for a period of 10 Business Days from the date of the Offer Confirmation.

1.12. Unfortunately, We do not accept orders from addresses outside the UK. We only accept orders from people based in the UK where the vehicle will primarily be kept within the UK.

1.13. These Conditions, and any Contract between us, are only in the English Language.
Your responsibilities

1.14. We will need certain information from You that is necessary for Us to provide the Services, for example, the primary and secondary contact details, secure password, Your vehicles ordinary location, and notification if Your vehicle has been stolen. Our Swiftrak Operating Centre will contact you about this within 48 hours of the Product being installed to collect this information from You. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked for it.

1.15. You warrant to Us that:
(a) you are based in the UK and your vehicle will primarily be kept in the UK;
(b) the terms of the Order Confirmation are complete and accurate;
(c) you will co-operate with Us in all matters relating to the installation of the Product and the supply of Services;
(d) you are purchasing the Product and Services for domestic use, and not in the course of any business that you carry on;
(e) you are the legal owner of the vehicle in which the Product is to be installed, or that You have the consent of its legal owner to have the Product installed;
(f) you will notify Us immediately if You sell the vehicle that the Product is installed in;
(g) you will notify Us in advance if you are taking the vehicle abroad or if the vehicle is being transported on a ferry, train, or other such vehicle;
(h) you will provide Us with such information and materials as We may reasonably require to supply the Services including the information that We have asked from You in clause 3.1 above, and as requested in the User Guide, and You will ensure that such information is accurate in all material respect and is kept up to date at all times; and
(i) you will use the Product only in accordance with the User Guide.

1.16. You must keep Us informed of any changes to Your contact details and the contact details of Your second contact, and ensure that all such information is accurate and up-to-date at all times. 

1.17. If Our performance of any of Our obligations in respect of the Services is prevented or delayed by any act or omission by You, or failure by You to perform any of Your responsibilities detailed in clause 1.14, clause 1.15, or clause 1.16, We, without limiting any of Our other rights or remedies, have the right to suspend the Services until You remedy the position without any liability to You. If we have to suspend the Services:
(a) we shall not be liable for any costs or losses sustained by You; and

(b) You shall reimburse Us for any direct or indirect costs or losses sustained or incurred by Us.

2. Your cancellation rights

2.1. If You are unhappy with the Product and Services for any reason or You change your mind or You are unhappy with these Conditions, You have a cooling-off period of seven Business Days to cancel the Contract. This cooling-off period begins:
(a) for the Product, on the day after You receive the item; and
(b) for the Services, on the day after You receive the Order Confirmation. Please note that when You have agreed for Us to start to perform the Services (including installing the Product) before the end of this cooling-off period You agree that Your cancellation rights will end as soon as We start to perform the Services (including installation) and You cannot then cancel the Services after this point.

2.2. If You wish to cancel Your Contract You must notify Us in accordance with clause 2.5. If we receive such notification We will:
(a) if You wish to cancel the Contract during the cooling-off period but before installation of the Product, refund the price of Your Order in full; or
(b) if You wish to cancel the Contract before the end of the cooling off period set out in clause 4.1 but after the Product has been installed, refund the price of the Product and the Subscription Fee in full to You but You will not be able to claim a reimbursement of the Installation Fee You have incurred. TRAK will bear the costs of removing the Product, however, you will only receive this refund if, at your own cost, you return the vehicle to the installer (as instructed by TRAK) so that the Product can be removed. We will process the refund within 30 days of the day You gave Us notice of Your cancellation, or where applicable, from the date the [Product was removed] [vehicle booked for Product removal].

2.3. Once We have begun to provide the Services to You, You may cancel the Contract for Services with immediate effect by notifying us in accordance with clause 2.5 if:
(a) We break the Contract in any material way and We do not correct or fix the situation within 21 Business Days of you asking Us to do so in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Conditions under clause 1.9 to Your material disadvantage; or
(d) We are affected by an Event Outside Our Control for a period longer than 4 weeks.
We will arrange for the Product to be removed from Your vehicle, and We will refund You a pro-rata proportion of the Purchase Price for any full calendar month of the Service Period remaining.

2.4. Once We have begun to provide the Services to You, You may cancel the Contract for the Services at any time by providing Us with at least thirty Business Days' notice in writing. No refund will be due to You unless you have cancelled the Services because of reasons contained in clause 2.3.

2.5. To cancel the Contract You must notify Us in writing at the address detailed at clause 2.50.

2.6. If this Contract is cancelled in accordance with this clause 2 We will confirm any cancellation in writing to You and We will process any refund due to You as soon as possible and, in any case, within thirty Business Days of the day You have given notice of Your cancellation.
Installation and delivery

2.7. As soon as possible following your Order Confirmation, we will organise delivery and installation of the Product at a pre-arranged location.

2.8. We will instruct a specialist third party installer approved by Us, to install the Product in Your vehicle at the agreed location. The Product will be fully tested by the installer.

2.9. Please note that timescales for delivery will vary depending on the availability of the Product and delivery of vehicle by dealership. We shall not be liable for any delay in delivery of the Product that is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions or any other instruction that is relevant to the supply of the Product.

2.10. The Product will be at Your risk from collection of your vehicle from the garage following installation.

2.11. You own the Product once We have received the Purchase Price in full.
Providing the Services

2.12. We will supply the Services to You in accordance with the Specification for the Service Period which will commence on the date of collection.

2.13. In the event that you notify Us that Your vehicle has been stolen, the tracking system will be activated in accordance with the Specification. We will use Our reasonable endeavours to work with the police in order to facilitate locating and recovering Your vehicle.

2.14. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, but we will notify You in any such event.

2.15. We warrant that the Services will be provided using reasonable care and skill and as set out in the Specification and the User Guide.

2.16. If You sell Your vehicle during the Service Period, the supply of Services will automatically cease.

2.17. We will notify You before the end of Your subscription advising You that the Service Period is about to end. There is no automatic renewal. If You wish the Services to continue You must notify Us before the end of Your subscription and We will send a further Contract for Services to You. The Services will only continue once We are in receipt of cleared funds for the renewal subscription and a newly signed Contract.

2.18. We may have to suspend the Services if We have to deal with technical problems that may arise. We will contact You to let you know in advance where this occurs, unless the problem is urgent or an emergency. 

Our guarantee

2.19. Subject to You complying with Your responsibilities under clause 1.13, We guarantee that for the Service Period, the Product and Services shall be free from material defects and will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be reasonably fit for purpose. However, this guarantee does not apply in the circumstances described in clause 2.22.

2.20. If You do not think that the Product and Services comply with this guarantee You must give Us written notice within a reasonable time of discovery so that We are given opportunity to examine the Product and given the option to repair, replace, or refund the Purchase Price in full. Upon such notification, We will:
(a) for the Product, agree a date to attend the vehicle and if necessary arrange for the Product to be removed. Once We have confirmed that it is faulty, We will either provide You with a full or partial refund, or replace it with equipment that will meet or exceed the Specification, or repair it;
(b) for the Services, re-perform the Services where We are able, and if We are unable to resolve the issue, provide You with a full or partial refund of the Purchase Price, depending upon what is reasonable; and
(c) where a fault with the Product has affected Your use of the Services, and depending upon what is reasonable, provide a refund for those Services for the period that they were affected by the faulty Product.

2.21. Where You have notified Us in accordance with clause 2.20, and in Our reasonable opinion the Product and / or the Services do conform to these Conditions we shall make the following charges to You:
(a) any fees; and
(b) any equipment delivery costs;
in accordance with our standard price list in force from time to time and available on request.

2.22. This guarantee does not apply to any defect in the Product and Services arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if You fail to operate or use the Product in accordance with the User Guide; or
(d) any alteration or repair by You or by a third party who is not one of Our authorised repairers;

2.23. This guarantee is in addition to Your legal rights in relation to the Products and Services that are faulty or not as described. Advice about Your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

2.24. This guarantee applies to any repaired or replacement equipment or any replacement Services We supply to You in the unlikely event that the original equipment or services do not conform with these Conditions.

If there is a problem with the Product or Services

2.25. In the unlikely event that We become aware of any defect with the Services or Product, We will, contact You as soon as reasonably possible and will use every effort to repair and fix the defect as soon as reasonably practicable as follows:

2.26. We will:
(a) for the Product, agree a date to attend the vehicle and if necessary arrange for the Product to be removed. Once We have confirmed that it is faulty, We will either provide You with a full or partial refund of the Purchase Price, or replace it with equipment that will meet or exceed the Specification, or repair it;
(b) for the Services, re-perform the Services where We are able, and if We are unable to resolve the issue, provide You with a full or partial refund of the Purchase Price, depending upon what is reasonable; and
(c) where a fault with the Product has affected Your use of the Services, and depending upon what is reasonable, provide a refund for those Services for the period that they were affected by the faulty Product.

2.27. If, following our contact with You in accordance with Clause 2.25, you do not arrange a time for us to attend the vehicle within a period of 2 weeks, TRAK will have no liability or obligation to perform the Services under this contract. If, after this 2 week period, You then contact Us and arrange a time for Us to inspect the vehicle TRAK’s liability and obligations to perform the Services will only resume once the defect has been rectified.

2.28. You will not have to pay Us to repair or fix a defect with the Services or Product under this clause 2.24.

Price and payment

2.29. The Purchase Price will be the price set out in the Order Confirmation and is inclusive of VAT.

2.30. Payment of the Purchase Price must be made by either credit or debit card at the time of Your Order.

2.31. The Purchase Price will be set out in the Offer Confirmation. Our prices may change at any time, but price changes will not affect Orders that We have already confirmed to You.

2.32. If You wish to renew Your subscription for Services in accordance with clause 2.17 please contact Us for confirmation of the price for the provision of continued Services.

Our liability to you

2.33. Neither of us shall be responsible for any losses that the other suffers as a result of either of us failing to comply with these Conditions, except for those losses which We or You could reasonably foresee would result from the failure to comply with these Conditions.

2.34. Nothing in this clause limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(e) defective products under the Consumer Protection Act 1987;
or any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability.

2.35. TRAK shall not be responsible for any losses that arise out of your failure to contact us to arrange a date to inspect your vehicle following notification from US in accordance with Clause 2.25.

2.36. We only supply the Product and Services to You for domestic and private use. You agree not to use the Product or Services for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Data protection

2.37. In order to provide You with the Services, and for the other purposes set out in Our Privacy Policy, We will collect and process Your personal data, including data regarding the use and location of Your vehicle. In order to provide the Services We may share this data with various third parties, including the police, installers, repairers and the Swiftrack Operating Centre. By placing your Order and agreeing to these Conditions You consent to such collection and processing. We will only use this information to provide Services and inform You about similar services which We provide, unless You tell us that you do not wish to receive this information.

2.38. We may analyse data that We capture through our monitoring service in an anonymised form in order to develop enhancements to the Product and Services and new services, and You consent to such use of data captured by Us in the course of the provision of the Services to You.

2.39. Any personal information that You provide to Us in the course of Our provision of the Product and Services will be held confidentially by Us as the data controller, in accordance with the Data Protection Act 1998.

2.40. Full details of the way in which We will use Your data is contained in our Privacy Policy, which can be viewed at www.swiftrak.co.uk. We may update the Privacy Policy from time to time, and You may wish to check the current version of the policy when logging into our website.

Our cancellation rights

2.41. We may have to cancel an Order before the start date for the Services or before the Product is delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact You if this happens. If We have to cancel an Order under this clause 2.41 We will refund the Purchase Price to you.

2.42. Once We have begun to provide the Services to you, We may cancel the Contract for the Services at any time by providing You with at least thirty 90 calendar days' notice in writing. We will arrange for the Product to be removed from your vehicle. We will give a pro-rata refund for any unused Service Period.

2.43. We may cancel the contract for Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when You are supposed to as set out in clause 2.30; or
(b) You break the Contract in any other material way, or You repeatedly breach Your duties under the Contract, and You do not correct or fix the situation within fourteen days of Us asking You to in writing.

2.44. If either of us ends the Contract, We each retain any rights against the other that have arisen before the end of the Contract. Nothing in these clauses affects Your statutory rights. Advice about Your legal rights is available from Your local Citizen’s Advice Bureau or Trading Standards office.

Events Outside Our Control

2.45. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Conditions that is caused by an Event Outside Our Control.

2.46. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial disputes (whether involving Our workforce or a third party) delay of delivery of Your vehicle by Your car dealership, failure of a utility service or transport network, act of God, war, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, fire, storm, flood, earthquake, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery or default of suppliers or subcontractors.

2.47. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Conditions:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Conditions will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of the Product to You, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

2.48. You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Product and Services. Please see Your cancellation rights under clause 2. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 2.40.

Information about Us and how to contact Us

2.49. We are a company registered in England and Wales. Our company registration number is 06944694 and Our registered office is at The East Wing, The Quadrangle, Crewe Hall, Weston Road, Crewe, Cheshire, CW1 6UY.

2.50. If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01270 506 761 or by e-mailing Us at info@swiftrak.co.uk

2.51. If You wish to contact Us in writing, or if any clause in these Conditions requires You to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to TRAK (Global Solutions) Limited at The East Wing, The Quadrangle, Crewe Hall, Weston Road, Crewe, Cheshire, CW1 6UY. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Order.

Other important terms

2.52. We may transfer Our rights and obligations under these Conditions to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Conditions.

2.53. You may not transfer any of Your rights or obligations under the Contract to any other person, including any person who becomes the legal owner of Your vehicle.

2.54. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

2.55. Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

2.56. If We fail to insist that You perform any of Your obligations under these Conditions, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

2.57. These Conditions are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

Schedule1 Product and Services Specification

Please refer to the User Guide for detailed description of the Product and Services.

Installation: We, or an approved third party sub-contractor, will arrange a date to install the Product and activate the Services. The installations will be carried out by an appropriately qualified installer and will be completed with reasonable skill and care.

Monitoring: the system will recognise unauthorised or illegal movement of Your vehicle and will automatically transmit a silent theft alert to the Swiftrak Operating Centre if the vehicle is tampered with or moved.

Tracking: if You have notified Us of a vehicle theft the Swiftrak Operating Centre will activate the live tracking. We will work with the police to locate and recover Your vehicle.
Software updates: We may, from time to time, release software updates to refine technical performance or to provide for new features. These updates will be provided to customers as part of the service subscription.

Support: the Swiftrak Operating Centre provides you with a 24 hour hotline to report a theft.