Advanced Vehicle Tracking Limited, Terms and Conditions
Definitions
In these terms and conditions, “AVT” means Advanced Vehicle Tracking Limited, the “Buyer” refers to you (the purchaser of goods and/or services from AVT), and the “Agreement” means these terms and conditions of sale.
This Agreement applies to and governs all sales, supplies and deliveries of the Sentinel™ vehicle tracking product and/or services (collectively, the “Product” or the “Products” ) by AVT or its representatives and shall prevail over any terms or conditions
contained or referred to in any correspondence or elsewhere, and/or
implied by any course of dealing, unless such other terms and conditions are consented to in writing by AVT.
No variation of this Agreement shall be effective without AVT's prior written consent.
A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
No assignment of this Agreement shall be valid without AVT's prior written consent.
The headings appearing in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement.
Privacy Statement
Information provided to AVT, including name, address, phone numbers, vehicle position and email addresses will be considered confidential and not passed to any third party, except as required by law.
AVT does not keep details of Buyers' credit cards, except for the last 4 digits which will be used to ensure that any refund is made to the same card as payment.
AVT will not use contact details to contact the Buyer, other than;
the phone number and email address may be used to confirm delivery instructions
the email and phone number is used by an automated system to contact the Buyer in order to inform them of low mobile phone credit on their Sentinel™ unit or to inform them if the Sentinel™ unit has not communicated with the AVT servers for three consecutive days.
General
All orders for the Product are accepted by AVT subject to these terms and conditions of sale. These constitute the entire understanding between AVT and the Buyer for the sale of the Product.
The Product may be used to help in the recovery of your vehicle in the event of it being stolen. It may not be used for fleet management or tracking, vehicle dispatch, any form of navigation or route guidance, surveillance or similar applications.
Subject to compliance with the above and relevant legal restrictions (such as those pertaining to privacy), the Product may be used to locate your vehicle when not stolen, and in these cases AVT reserves the right to limit access to the tracking servers in the event that AVT considers usage levels to be unreasonable or excessive.
AVT provides vehicle position in the form of a textual longitude and latitude in decimal format, either via text message or via the AVT website.
Online mapping is provided by third parties via publicly accessible websites, links to some of which are provided on the AVT website for convenience. AVT does not warrant that these mapping sites will continue to be available, nor that they will continue to be available without charge or in the same format.
Prices
All prices for the Product are displayed inclusive of UK Value Added Tax (VAT) at the current rate, and also include the cost of packaging and carriage
For EU Buyers, the price is displayed in Pounds Sterling, inclusive of VAT and also includes the cost of packaging and carriage. All foreign exchange conversion is carried out by the credit card company and AVT has no control over the rate used.
Whilst every endeavour will be made to maintain the advertised prices, AVT reserves the right to alter prices at any time.
Any change in price will be communicated to the Buyer at the time of ordering.
You will receive confirmation of your purchase once complete, and your Product will be flagged as ready for dispatch.
AVT implement 'Verified By Visa' and 'Mastercard SecureCode' for your protection. If your credit card is enrolled in, or eligible for these schemes, you will be see a confirmation form provided by your card issuer asking you to confirm of your password. This information is not shared with AVT. You can click on the Verified By Visa and Mastercard SecureCode logos on the payment page to find out more about these schemes.
Delivery
Within the UK , AVT uses the Royal Mail First Class Recorded Signed For service. This is usually a next day service.
Unless otherwise stated at the point of purchase, UK orders placed before 12:00 UK local time will be dispatched same day and delivered the next working day (in accordance with the Royal Mail First Class Recorded Signed For service).
Within the EU, AVT uses the Royal Mail Airmail International Signed For service.
Unless otherwise stated at the point of purchase, EU orders placed before 12:00 UK local time will be dispatched same day and delivered in accordance with the Royal Mail Airmail International Signed For service).
Where same day dispatch is not possible, a dispatch date will be given at the time of ordering. When your purchase is complete, you will be given an order reference which can be used to track the progress of your order.
Return of Products
Products are supplied with a 30 day money back guarantee, during which time you may return the Product to AVT and receive a full refund provided that;
the Product is returned in its original packaging; and
the Product is its original condition
the Product is returned using the 'Royal Mail Recorded SIgned For' service, or a similar service that provides proof of posting and delivery
Refunds for returned Product will be made within 30 days of receipt of the returned Product to the credit or debit card originally used for the purchase.
Your statutory rights are not affected.
Warranty
AVT warrants that the Product shall operate in accordance with the published specification that is current at the time of delivery, and for a period of one year from that date.
AVT warrants that the Product shall at the time of delivery correspond to the published specifications when used for the purpose for which the Products are designed to be used.
If the Product is shown to be defective, AVT shall at its option:
replace the defective Product; or
bring the defective Product into conformity with the published specification.
As a consequence of external influences including, but not limited to, poor GSM, GPRS or GPS coverage and non-availability of Internet services, AVT does not warrant that the Product will be able to obtain or communicate a position.
In addition to the mapping embedded within the AVT website, online mapping is provided by third parties via publicly accessible websites, links to some of which are provided on the AVT website for convenience. AVT does not warrant that these mapping sites will continue to be available, or that they will continue to be available without charge or in the same format.
Trade Sales
In order to qualify as a Trade Buyer, the Buyer must offer a fitting service for the Products. In return for this, AVT will supply the Products at the Trade Price.
In addition to the fitting service, the Trade Buyer may also buy the Products for supply & fit or for supply only. If offered on a supply only basis, the Products should not be retailed for any price other than that currently quoted on the AVT Sentinel™ website. The Trade Buyer may not offer the Products on a supply only basis via a website.
The Trade Buyer assumes responsibility for the first-line support of any AVT Products that they supply to end users. Any support requests that the Trade Buyer cannot resolve with the end user should be forwarded by the Trade Buyer to AVT. AVT may then communicate directly with the end-user if AVT considers this appropriate, or advise the Trade Buyer of the resolution to the question.
To be listed as an installer on the AVT website, the Trade Buyer must supply prices for the fitting or supply & fitting services offered. The prices can vary across vehicle types, but where a range of pricing is supplied in the form of “from £xx to £yy”, the second figure may be no more than 50% higher than the first figure.
The Warranty as described in these Terms and Conditions is valid for Trade Buyers in the same way as for other Buyers, although the Trade Buyer assumes responsibility for all communication with AVT in regard to the Warranty.
Payment for Products purchased by Trade Buyers will be on a pro forma basis for the first 5 units shipped. After that, AVT may, at its discretion, offer a monthly credit account to the Trade Buyer. The monthly credit account terms will be payment due 30 days from end of calendar month. This means that the Products ordered in any one month will become due for payment by the last day of the following calendar month, by which time monies must have been received by AVT. AVT reserves the right to withdraw credit terms at any time, at which point any monies owed will become immediately due.
AVT reserves the right to supply the Products at its absolute discretion, and is under no obligation to provide a reason for not supplying the Product.
Limitation of Liability
AVT shall not be liable for damage, loss or other expenses resulting from the failure to give advice or information or for the giving of incorrect advice or information (including, without limitation, advice or information given or not given by or through any AVT technical support facility) whether or not due to AVT's act or omission or that of any of its employees, agents, representatives or sub-contractors.
Except as provided under this Agreement, AVT shall not be liable in any manner in respect of defects in the Products, failure to correspond to specification or sample; or any injury, damage or loss resulting from such defects or failure.
Except as otherwise provided in this Agreement, all warranties, representations, terms, conditions and duties implied by law and relating to the fitness, quality and/or adequacy of the Products are excluded to the fullest extent permitted by law.
AVT shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Buyer's continued use of a defective Product after a defect has become apparent or suspected or should reasonably have become apparent to the Buyer.
The Buyer shall give AVT a reasonable opportunity to remedy any matter for which AVT is liable before the Buyer incurs any costs and/or expenses in remedying the matter itself. If the Buyer does not do so, AVT shall have no liability to the Buyer.
AVT shall have no liability to the Buyer for any:
consequential losses (including loss of profits and/or damage to goodwill);
economic and/or other similar losses;
special damages and indirect losses; and/or
business interruption, loss of business, contracts and/or opportunity.
AVT will not be responsible for:
any cellular (mobile phone) call or network charges in connection with the Product
any loss or damage caused by the use of the Product or by the incorrect or inappropriate installation of the Product.
any legal action brought against the purchaser or subsequent user of the Product by a third party.
• As a consequence of external influences including, but not limited to, poor GSM, GPRS or GPS coverage and non-availability of Internet services, AVT will not be liable if the Product is unable to obtain or communicate a position.
Governing Law
• This Agreement is governed by English laws and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England .