In consideration of the Subscription Charges, Alkashef agrees to sell the Equipment (where applicable) and provide the Services to Subscriber on the terms set out herein. the hardware and other equipment supplied by Alkashef Tracking and installed in a Vehicle by an Approved Technician, including without limitation back-up batteries as applicable and together in each case with any tags or other ancillaries provided by TRACKER which may be used together or in conjunction with any such Equipment. Equipment shall be deemed to include SIM cards.
The instructions and procedures required to be followed by Subscriber in order to ensure proper operation of the Subscription Services from time to time, and which are provided or issued to Subscriber (including without limitation by way of providing same on the Website) from time to time “Warranty Period”: 12 (twelve) months from the date of installation in each case of Equipment (provided that such warranty period as Subscriber is entitled to in respect of a Subscription Period which commenced prior to the date on which these Terms take effect shall continue to apply for the duration of such Subscription Period).
Alkashef warrants that, if the Equipment becomes inoperative or develops faults by reason of defective components, workmanship or design within the Warranty Period, Alkashef or Alkashef’s agent will, on return of the Equipment to the original installer or to an approved Alkashef installation centre as applicable, (at its option) repair or replace the Equipment free of charge (the “Warranty”). The Warranty shall be Subscriber’s sole and exclusive remedy for any fault or failure of Equipment during the Warranty Period. Alkashef shall have no obligation under this Clause 8.1 if the Equipment (or its installation) has been tampered with, modified or repaired (except by an Approved Technician) or has otherwise been subject to misuse or accident. As a consumer, Subscriber has certain rights under law regarding the return of defective goods, and these Terms shall not affect the Subscriber’s statutory rights or rights otherwise under law. If no defect or failure is apparent on or in any Equipment on or following its collection by Alkashef, Alkashef may charge Subscriber a reasonable fee to cover its costs (and any such fee shall be deemed to be a Charge) and in its discretion take such action as Alkashef reasonably considers appropriate, including without limitation taking back the relevant Equipment and issuing Subscriber with replacement Equipment, or disposing of same without issuing a replacement.
Where Subscriber has purchased and paid fully for Equipment, on completion of both payment and installation that Equipment shall become the property of Subscriber. Equipment shall not for this purpose in any case include software in Equipment or SIM Cards, which shall as between the parties remain at all times vested in Alkashef.
Subscriber agrees that, in order to protect Alkashef’s property rights, certain Equipment has been or may be fitted with a security device which will corrupt software information contained in that equipment if same is tampered with. Subscriber accepts that it is under an obligation to ensure that Equipment is not tampered with, and that it will have no claim against Alkashef on any basis if any tampering occurs. Subscriber agrees to indemnify Alkashef against any indirect or consequential loss which Alkashef may suffer as a result of such tampering, including without limitation any loss of business, revenue, anticipated savings, profit, goodwill or economic loss.
Alkashef will arrange for the installation of Equipment in a Vehicle in accordance with these Terms, provided that Subscriber has paid for installation at such rates as may apply in accordance with advice from Alkashef to Subscriber (installation charges may or may not be wrapped in together with Equipment purchase price). Subscriber consents to any reasonable Vehicle changes which may be necessary to certain vehicle types in order to effect such installation, including without limitation by way of drilling a hole and/or changing a vehicle in another way. Subscriber’s signature of or express agreement to a Form, or as Subscriber agrees with Alkashef by phone or as otherwise recorded during Registration shall be deemed as acceptance by Subscriber of the installation arrangements (including date) for Equipment. If Subscriber cancels any agreed appointment to install Equipment less than 2 (two) working days before the said appointment date, Alkashef reserves the right to charge Subscriber a cancellation fee in accordance withAlkashef’s then-applicable price list.
All Subscription Charges and other payments due under these Terms are payable in accordance with the Form and/or such other document or record (material or otherwise) as may be agreed between Alkashef and Subscriber or otherwise issued or provided from time to time by Alkashef to Subscriber for this purpose. If no such written document or record is apparent, payments shall be deemed to be due in advance on such periodic basis as would be consistent with Alkashef’s then generally applicable invoicing arrangements or system, and all periodic payments (monthly or otherwise) shall be construed to relate to initial minimum Subscription Periods of one year or multiple whole years (as the case may be, and as frequency and quantum of invoicing/payment arrangements may best suggest). Subscriber’s initial Subscription Period commences on the later of (i) the date of installation of the Equipment and (ii) the date and time of completion of internal setting up by Alkashef of Subscriber’s account; or, where a Vehicle already containing the Equipment is transferred to a new owner, on payment of the initially required Subscription Charges by that new owner (in each case the “Installation Date”). Any then-active Subscription, for any term, shall immediately cease if Subscriber ceases to be the owner or registered keeper of the relevant Vehicle.