General Terms and Conditions

These General Terms and Conditions (“General Terms”) apply to purchases of Services from NorthTracker AB (company reg. no. 556826-4674) (the “Supplier”). The contracting parties are the Supplier and the customer (the “Customer”) who has signed a customer agreement with the Supplier (the “Customer Agreement”). The contractual relationship between the Supplier and the Customer is governed by the Customer Agreement, where applicable the Data Processing Agreement, and these General Terms. In the event of any conflict between the documents, they shall take precedence in the order stated above, unless the circumstances clearly indicate otherwise.


Definitions

“Agreement” means the Customer Agreement, the Data Processing Agreement and these General Terms, including all appendices, amendments, supplements thereto, and any extensions or renewals thereof.

“Agreement Date” means the date on which the Customer Agreement has been signed by both the Supplier and the Customer.

“Agreement Period” means the Initial Agreement Period and each subsequent twelve (12) month extension as further specified in section 8 (Agreement Period and Termination).

“Data Processing Agreement” means the agreement entered into between the Supplier and the Customer in accordance with Regulation (EU) 2016/679 (GDPR, the General Data Protection Regulation).

“Device” means the Supplier’s hardware including, where applicable, GPS transmitter and/or hardware for alcohol interlock.

“Initial Agreement Period” means the initial binding term set out in the Customer Agreement as further specified in section 8 (Agreement Period and Termination).

“Service” means one or more of the Supplier’s services subscribed to via registration of a subscription, including but not limited to a mileage log approved by the Swedish Tax Agency, including map positioning and possible trip registration for the object in which the Device is installed, theft protection, tool tracking and alcohol interlock.


Product Description

2.1

The Service consists of the Service defined in the Customer Agreement. The Service is only compatible with the Device and may only be used together with the Device.

2.2

During the Agreement Period, the Customer has a non-exclusive right to use the Service and the data generated or created through the Service in accordance with the intended purpose of the Service. Any other use is prohibited.

2.3

The Supplier has the right, but not the obligation, to update the Service at any time with new and/or modified functionality, provided that this does not result in a materially negative change to the functionality of the Service.

2.4

The Supplier reserves the right to system downtime for service, maintenance and software updates. The Customer is not entitled to compensation for any time during which such measures are carried out.

2.5

The Customer undertakes to use the Device and the Service in accordance with manuals and/or other instructions provided by the Supplier or a partner designated by the Supplier.

2.6

The Customer may not use the Device or the Service in violation of this Agreement or applicable law, including applicable data protection regulations. A breach of this section constitutes a material breach under section 8.4.


Device (Delivery, Installation, etc.)

3.1

Unless otherwise stated in the Customer Agreement, the Device remains the property of the Supplier and is made available to the Customer during the Agreement Period.

3.2

The Supplier reserves the right, at its discretion, to replace the Device at any time. The Customer shall, at its own expense, receive and install the new Device and promptly return the replaced Device.

3.3

The Device is delivered DAP (Incoterms® 2020), where applicable pre-configured with a SIM card for data traffic.

3.4

The Customer is responsible for ensuring that the Device is installed correctly in accordance with the applicable manual and instructions. Incorrect installation may result in incomplete data registration and deficiencies in the functionality of the Service.

3.5

After installation, the Customer shall test the functionality of the Device and immediately notify the Supplier if it does not function properly.

3.6

The Customer may move the Device between different vehicles and objects. The Customer is responsible for ensuring that each new installation is carried out correctly in accordance with section 3.


Device (Maintenance and Warranty)

4.1

The Device may only be used with the Supplier’s Services. The Customer shall handle the Device with care and in accordance with manuals and instructions.

4.2

Maintenance and/or repairs may only be performed by the Supplier or a designated partner. The Customer shall immediately contact the Supplier by email if the Device requires maintenance or repair. The Device shall be sent to the Supplier or designated party upon request.

4.3

The Supplier guarantees that the Device will function throughout the Agreement Period (Lifetime Warranty). The warranty applies provided that the Device is used in accordance with this Agreement. The Supplier is not responsible for defects caused by circumstances beyond its control, including improper installation, unauthorized modifications, normal wear and tear, or misuse. In such cases, the Customer bears the costs.

4.4

In case of replacement, the Customer shall at its own expense receive and install the new Device and promptly return the replaced Device.

4.5

The Supplier’s responsibility for third-party hardware or software is limited to the warranty period provided by such third party, and never more than twelve (12) months after delivery.

4.6

New batteries must be ordered directly from the Supplier. The cost of batteries and shipping is not included in the agreed price.


Support

The Supplier provides support regarding the mileage log system website and application, as well as technical issues such as software errors, Device issues and telematics. Support is available via email info@northtracker.com or phone +46 8 25 96 00 on weekdays (excluding public holidays) between 09:00–16:00.


Price and Payment Terms

(Sections 6.1–6.8 translated faithfully:)

  • Prices are stated in the Customer Agreement.

  • The Supplier may adjust prices upon renewal according to its price list with one (1) month’s notice.

  • The Supplier may adjust prices annually in accordance with CPI (or comparable index).

  • The Supplier may also adjust prices due to cost increases not reflected in the index (e.g. mobile data or map services).

  • Invoicing is annual in advance unless otherwise agreed. Payment term: 30 days.

  • Late payment interest applies under the Swedish Interest Act.

  • No right of set-off unless acknowledged in writing or established by court judgment.

  • If financed, the finance company’s price regulations apply.


Limitation of Liability

(Condensed but accurate legal translation:)

The Supplier is not liable for deficiencies caused by lack of GSM/GPS coverage, improper installation, or similar external conditions. Local conditions may limit coverage.

The Supplier is not liable for indirect damages or financial losses related to defects, missing data, viruses or similar circumstances unless caused by gross negligence.

Total liability is limited to the amount paid by the Customer for the Service during the previous 36 months, and never more than SEK 50,000 per incident.


Agreement Period and Termination

  • The Agreement runs during the Initial Agreement Period and is automatically renewed for twelve (12) months unless terminated.

  • Termination must be made in writing at least two (2) months before expiry.

  • The Supplier may terminate with 30 days’ notice if a Service is discontinued.

  • Either party may terminate immediately in case of material breach (including payment overdue 14 days after reminder).

  • If terminated early, the Supplier may invoice the remaining Agreement Period.

  • Devices must be returned within one month after termination or a fee will be charged.


Intellectual Property Rights

All intellectual property rights and know-how related to the Service or Device belong to the Supplier, including but not limited to trademarks, domain names, technology, algorithms, source code and documentation. The Customer receives no rights except as expressly stated in section 2.2.


Force Majeure

The Supplier is relieved from liability if performance is prevented by circumstances beyond its control (war, natural disasters, strikes, network failures, etc.). If force majeure lasts more than three (3) months, the Customer may terminate immediately.


Data Processing

The Customer is the data controller for personal data processed via the Service.
The Supplier stores and deletes data in accordance with law.
Upon termination, the Customer is responsible for exporting its data.
Anonymised data generated through the Service belongs to the Supplier and may be transferred to third parties.
Cookies are used only with consent (except strictly necessary cookies).
Information may be shared with third-party service providers for customer care, marketing and alarm measures.
Customer satisfaction surveys may be conducted.


Consumer

If the Customer is a consumer, mandatory consumer protection legislation applies and may override these General Terms. Consumers may have a right of withdrawal under the Distance Contracts Act (2005:59).


Confidentiality

Each party undertakes not to disclose confidential information without prior written consent, except where required by law or court decision.


Miscellaneous

Amendments must be in writing.
Notices shall be sent by registered mail or email.
The Customer may not assign the Agreement without written consent.
Swedish law applies. Disputes shall be settled by Stockholm District Court as first instance.

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