Terms and Conditions

1. Definitions

  • 1.1 In these Terms and Conditions:-
    • 1.1.1 'Agreement' means these Terms and Conditions (as amended from time to time) together with the Order Confirmation;
    • 1.1.2 'Authorised User' means any person lawfully authorised by the Subscriber to use the Vehicle;
    • 1.1.3 'Driver Validation Tags' means the identification tags supplied with the Neo-Trac Device to allow authentication of the Subscriber or other Authorised User to the Service when using the Vehicle;
    • 1.1.4 'Installation' means fitting the Neo-Trac Device into the Vehicle.
    • 1.1.5 'Installation Appointment' means the date and time for the Installation to be undertaken as notified to the Subscriber by the Installation Engineer
    • 1.1.6 'Installation Confirmation' means the confirmation sent by email or post to the Subscriber confirming the date, time and location at which the Installation is to take place;
    • 1.1.7 'Installation Date' means the date on which the Installation is completed and the Service is activated;
    • 1.1.8 'Installation Engineer' means the Unipart authorised Neo-Trac installation engineer who is an installer of vehicle systems accredited by the Vehicle Systems Installation Board (VSIB) to install Thatcham Category 5 vehicle security systems;
    • 1.1.9 'Late Change Fee' means the fee payable by the Subscriber for late changes to the Order;
    • 1.1.10 'Minimum Term' means the minimum duration of Service specified in the Order Confirmation;
    • 1.1.11 'Neo-Trac Customer Services' means the telephone helpline that provides administrative and sales support to the Subscriber;
    • 1.1.12 'Neo-Trac Device' means the Neo-Trac vehicle-tracking device to be supplied to the Subscriber and installed in the Vehicle, together with any Driver Validation Tags supplied to the Subscriber, pursuant to this Agreement;
    • 1.1.13 'Neo-Trac Monitoring Centre' means the secure operating centre that monitors signals from the Neo-Trac Device in order to provide the Service;
    • 1.1.14 'Order' means the order submitted either online by the Subscriber or on behalf of the Subscriber by Neo-Trac Customer Services;
    • 1.1.15 'Order Confirmation' means the confirmation sent by email or post to the Subscriber confirming acceptance of the Order by Unipart and the terms unique to the Subscriber;
    • 1.1.16 'Order Payment' is the payment made by the Subscriber before the Neo-Trac device is installed in the Vehicle;
    • 1.1.17 'Package Price' means the price of the Neo-Trac Device and Services as quoted on the Order Confirmation;
    • 1.1.18 'Service' means the stolen vehicle tracking and safety monitoring service, and any other Neo-Trac service as chosen and purchased by the Subscriber;
    • 1.1.19 'Subscriber' means the person, firm or company whose Order for the Neo-Trac Device and the Service has been accepted by Unipart by virtue of the Order Confirmation;
    • 1.1.20 'Subscription' means the payment due from the Subscriber for the Service as quoted on the Order Confirmation;
    • 1.1.21 'Term' means the period covered by the most recent Subscription payment;
    • 1.1.22 'Unipart' means Unipart Logistics Ltd, whose registered address is located at Unipart House, Cowley, Oxford, OX4 2PG.
    • 1.1.23 'User Guide' means the printed document explaining how to use the Neo-Trac Device and Services;
    • 1.1.24 'Vehicle' means the vehicle designated by the Subscriber into which the Neo-Trac Device is to be installed;
  • 1.2 In addition to the fees detailed in the Order Confirmation, the following fees shall apply from time to time in accordance with clause 6 of these Terms and Conditions:
    • 1.2.1 'Late Change Fee' means a fee of £35.00 including VAT that is payable by the Subscriber for late changes to the Order;
    • 1.2.2 'Cancellation Fee' means a fee of £65.00 including VAT that is payable by the Subscriber for late cancellation of the Order; and
    • 1.2.3 'De-Installation Fee' means a fee of £175.00 including VAT that is payable by the Subscriber for removing the Neo-Trac Device from the Vehicle.

2. Scope of Agreement

  • 2.1 Unipart hereby agrees to:-
    • 2.1.1 Provide the Service as purchased by the Subscriber; and
    • 2.1.2 Support the installation of the Neo-Trac Device by an Installation Engineer.
  • 2.2 By accepting this Agreement the Subscriber hereby agrees: -
    • 2.2.1 To take reasonable precautions to prevent damage to or unauthorised use or theft of the Neo-Trac Device.
    • 2.2.2 To inform Neo-Trac Customer Services immediately if the Vehicle, the Neo-Trac Device or any associated equipment is lost, stolen, damaged or destroyed or likely to be used by anyone other than the Subscriber or an Authorised User.
    • 2.2.3 To inform Neo-Trac Customer Services in advance if the Neo-Trac Service needs to be suspended while the Vehicle is serviced or repaired.
    • 2.2.4 To use only equipment and/or Driver Validation Tags provided by Unipart to connect to or use the Neo-Trac Device or Services.
    • 2.2.5 Not to transfer the Agreement without the prior written approval of Unipart.
    • 2.2.6 To use the Neo-Trac Device in accordance with the terms of this Agreement and the User Guide.
    • 2.2.7 To provide accurate and correct information regarding the Subscriber and the Vehicle that will, in all cases be taken in good faith and regarded to be correct by Unipart and which therefore will not incur any liability whatsoever on the part of Unipart in the event of its use should the information subsequently be determined to have been falsified.
  • 2.3 No variations to the Agreement shall be binding unless agreed in writing by Unipart.

3. Installation of the Neo-Trac Device

  • 3.1 Unipart will accept the Order by issuing an Order Confirmation to the Subscriber. Unipart will then arrange for an Installation Engineer to contact the Subscriber to arrange Installation. The Installation Engineer will send an Installation Confirmation to the Subscriber, confirming the date, time and place at which the Installation is to take place.
  • 3.2 Installation can only be carried out by an Installation Engineer.
  • 3.3 Unipart shall use reasonable endeavours to ensure that Installation Engineer is properly trained to carry out Installation. Unipart will not be held liable for any direct or indirect loss caused by the installation process apart from any damage to the Vehicle directly caused by the negligence of the Installation Engineer during the course of the Installation.
  • 3.4 Unipart shall provide the Subscriber with a User Guide on or immediately after the Installation Date.

4. Title and Risk

  • 4.1 The legal and beneficial ownership of the Neo-Trac Device shall pass to the Subscriber upon payment of the Order Payment.
  • 4.2 Risk in the Neo-Trac Device shall pass to the Subscriber upon Installation and the Subscriber shall be solely responsible for insuring the Neo-Trac Device from such time.

5. Provision of Service

  • 5.1 In the event that the Subscriber or any Authorised User reasonably believes that the Vehicle has been stolen or moved without the Subscriber's authority, the Subscriber or the Authorised User (as applicable) shall notify the Neo-Trac Monitoring Centre without delay. Upon receiving said notification, the Neo-Trac Monitoring Centre shall take the steps set out in Clause 5.3 below.
  • 5.2 Unipart reserves the right to charge the Subscriber (in addition to the Subscription described in Clause 6) for any costs reasonably incurred by Unipart in attempting to locate the Vehicle following a false alarm raised by the Subscriber or any Authorised User.
  • 5.3 Upon the theft, unauthorised movement of the Vehicle, or the Vehicle being involved in an accident, the Neo-Trac Monitoring Centre shall as quickly as reasonably possible use all reasonable endeavours to locate the Vehicle using the global positioning system. If the Neo-Trac Monitoring Centre is able to locate the Vehicle, the Neo-Trac Monitoring Centre will inform the Police of the Vehicle's location, and assist the Police in their response, subject to following the pertaining law enforcement procedure and by limitation as described clause 5.4 and clause 5.5.
  • 5.4 The Subscriber acknowledges that the terms of this Agreement relate to the regulations within the United Kingdom and that the Service is not available whilst the Vehicle is outside the UK.
  • 5.5 The Subscriber acknowledges that nothing in this Agreement shall oblige the Police to take action upon being notified that the Vehicle has been stolen and that Unipart cannot be held responsible for the acts or omissions of the Police.
  • 5.6 The Subscriber acknowledges that, depending on the specific Services subscribed to, the provision of recovery and return of the Vehicle once located by the Neo-Trac Monitoring Centre will be at the Subscriber's expense.
  • 5.7 The Subscriber acknowledges that if the Service (i.e. either the Service as a whole or the individual Subscriber's subscription to the Service) is terminated for any reason this may invalidate the Vehicle insurance for which Unipart will bear no responsibility or liability.
  • 5.8 The Subscriber acknowledges that removal of the Neo-Trac Device must be conducted by an Installation Engineer and the Subscriber will be charged a De-Installation Fee payable to Unipart in advance of the de-installation.
  • 5.9 The Subscriber acknowledges that occasionally, for operational reasons, Unipart may need to interrupt the Service. Unipart will endeavour to notify the Subscriber before such interruption and will use all reasonable endeavours to restore the Service as quickly as possible.
  • 5.10 The Subscriber agrees that Unipart may use information about how the Subscriber uses the Services for marketing purposes, but will not use the Subscriber's name or personal details without the Subscriber's prior written consent.
  • 5.11 The Subscriber acknowledges that authorised Unipart personnel can track the Vehicle for test purposes.
  • 5.12 The Neo-Trac Device and Service are intended for personal or individual use and is not intended as a telematics fleet management service.

6. Payment

  • 6.1 Unipart reserves the right to review Package Prices and other fees/charges/prices associated with the provision of the Service and Neo-Trac Device periodically and the Subscriber agrees to pay revised Subscription prices if they choose to renew their Subscription to the Service in subsequent years.
  • 6.2 The Subscriber must pay in advance for the Service.
  • 6.3 Unipart will have no obligation to authorise Installation or commence the provision of the Service until the Neo-Trac Device and/or Subscription have been paid for.
  • 6.4 The Subscriber agrees to pay the Package Price in full by credit or debit card no less than 24 hours before the agreed date of Installation.
  • 6.5 The Subscriber acknowledges that if installation of the Neo-Trac Device is cancelled by the Subscriber less than 24 hours before the Installation Date, Unipart will deduct a Cancellation Fee directly from the Subscriber's debit/credit card.
  • 6.6 The Subscriber acknowledges that if Installation is rescheduled by the Subscriber less than 24 hours before the date agreed for Installation to take place, Unipart reserves the right to deduct a Late Change Fee directly from the Subscribers credit or debit card.
  • 6.7 The Subscriber agrees to provide valid debit or credit card details from which sums may be reimbursed to Unipart in the event of a Cancellation Fee or Late Change Fee becoming payable.
  • 6.8 Where the Agreement includes periodic Subscription payments, the Subscriber agrees to provide an up to date direct debit bank mandate to allow payment to be drawn by Unipart.
  • 6.9 If any sums due from the Subscriber to Unipart remain unpaid for more than twenty (28) days from the due date for payment then, without prejudice to any other rights or remedies of Unipart, Unipart will be entitled to:-
    • 6.9.1 Suspend the provision of the Service until full payment has been received in cleared funds; and/or
    • 6.9.2 Immediately terminate the Agreement.
  • 6.10 The Subscriber shall reimburse Unipart on demand in respect of all costs and expenses incurred by Unipart in tracing the Subscriber and in taking steps to enforce payment of any such sums due.
  • 6.11 If the Subscriber's bank fails to honour any method of payment, the Subscriber shall reimburse Unipart in respect of any costs incurred in re-presenting the same.

7. Unit Warranty

  • 7.1 Unipart warrants that the Neo-Trac Device will be free from defects in materials and workmanship for thirty six (36) months from the Installation Date. If Unipart receives written notice of any breach of this warranty then Unipart shall at its own expense and within a reasonable time of receiving such notice repair or, at its option, replace the Neo-Trac Device.
  • 7.2 Unipart shall have no liability under this warranty:-
    • 7.2.1 Unless it has received written notice of the defect in question no later than the expiry of the 36 month warranty period; or
    • 7.2.2 If the defect is caused as a result of the Neo-Trac Device having been tampered with, modified or repaired (other than by an Installation Engineer), or otherwise misused or damaged and/or used contrary to the instructions in the User Guide.
  • 7.3 Unipart shall have no obligation under this warranty other than to remedy breaches of the warranty by provision of materials and services within a reasonable time and free of charge to the Subscriber. If Unipart shall fail to comply with such obligation its liability for such failure shall be limited to a sum equal to the Package Price.
  • 7.4 The express terms of this Agreement are in lieu of all warranties, conditions, terms undertakings and obligations implied by statute, common law, custom, trade usage or otherwise provided that where the Subscriber deals as a consumer, nothing in this Agreement shall affect his or her statutory rights.

8. Liability

  • 8.1 Notwithstanding any other provision of this Agreement, Unipart does not seek to exclude or restrict its liability for fraud, or for death or personal injury caused by its negligence.
  • 8.2 In respect of all other liability hereunder, Unipart's liability in respect of each event or series of connected events shall not exceed an amount equal to the sum of the Subscriptions paid by the Subscriber during the Term.
  • 8.3 Unipart shall not be liable to the Subscriber for the loss of profits or contracts or any other indirect or consequential loss whether arising from tort (including negligence) or breach of contract otherwise. In particular but without limitation, Unipart shall not be liable for any loss or damage caused to the Subscriber as a direct or indirect result of the Vehicle being stolen and it is agreed and declared that if any limitation in this clause should prove to be unenforceable such finding shall not affect the enforceability of the other exclusions.
  • 8.4 The Neo-Trac Device (together with any optional extras supplied as part of the Service) must not be used in any way, which would or may affect the ability of the driver of the Vehicle to drive safely.
  • 8.5 Unipart shall not be liable for any loss or damage caused by the acts or omissions of the driver of the Vehicle to drive safely. Unipart shall not be liable for any loss or damage caused by the acts or omissions of the driver of the Vehicle.
  • 8.6 The Subscriber acknowledges that, owing to the nature of the technology comprised in the Neo-Trac Device the operation of the Service may from time to time be adversely affected by physical features such as underpasses, atmospheric conditions and other causes interference beyond Unipart control (e.g. failure of GPS or GSM networks). As such Unipart can give no guarantee that the Vehicle will be successfully located. In particular, the operation of the Neo-Trac Device and, therefore, the provision of the Service in accordance with this Agreement depends to some extent upon the operation of the digital cellular telecommunications technology with which the Neo-Trac Device operates, and this technology is not operative in all parts of the UK and Europe.
  • 8.7 The Subscriber acknowledges that there is no guarantee that the Neo-Trac Device and/or Service will never be faulty. Unless Unipart has been negligent it will have no obligation to compensate the Subscriber for financial loss, for the Vehicle being lost, stolen or damaged, or for any loss that could not have been reasonably foreseen and is within the capabilities of the Neo-Trac Service as provided to the Subscriber.
  • 8.8 Unipart is not liable for any losses suffered by the Subscriber, Authorised Users due to alerts not being received or being delayed caused by service response times of the public switched telephone network or the mobile communications network. The Subscriber therefore accepts that the purchase of the Service in no way mitigates his or her duty to take reasonable steps to keep the Vehicle secure and to obtain adequate insurance for the Vehicle.

9. Term and Termination

  • 9.1 Subject to clause 9.2 the services provided by the Neo-Trac Device shall become available to the Subscriber from the Installation Date and shall continue for the period covered by Subscriptions paid and thereafter shall automatically be renewed upon payment of the relevant additional Subscription.
  • 9.2 In the event that Vehicle ownership passes from the Subscriber, the provision of Services is deemed by Unipart to have been terminated by the Subscriber.
  • 9.3 The Subscriber is responsible for informing Neo-Trac Customer Services that Vehicle ownership has changed, or that the Vehicle has been disposed of. In the event that the Subscriber fails in this responsibility, Unipart or any party working on behalf of Unipart will not be held liable for any inconvenience or concern caused when delivering Neo-Trac services to the original Subscriber despite their no longer being a user of the Vehicle.
  • 9.4 Either party may, by written notice to the other party, terminate this Agreement in the event that:-
    • 9.4.1 The other party is in material or persistent breach of this Agreement and such breach is not remedied within fourteen (14) days after written notice has been served by the non-defaulting party; or
    • 9.4.2 The other party becomes insolvent or bankrupt, enters into liquidation, whether voluntary or compulsory, passes a resolution for its winding up, has a receiver or administrator appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffering any similar action in consequence of its debt.
  • 9.5 Unipart may terminate this Agreement with immediate effect upon written notice to the Subscriber in the event that:-
    • 9.5.1 Any government or other regulatory approvals for the use of the Neo-Trac Device and/or Service are withdrawn, suspended or amended at any time;
    • 9.5.2 The Subscriber or any Authorised User persistently raises false alarms in circumstances where he or she had no reasonable grounds on which to believe that the Vehicle had been stolen or that genuine emergency or breakdown conditions exist.
  • 9.6 Upon termination of this Agreement the accrued rights and liabilities of the parties shall not be affected.
  • 9.7 Upon termination of this Agreement by the Subscriber no refund of any Subscription paid for the Service will made.

10. General

  • 10.1 The Subscriber acknowledges that for security reasons telephone calls may be recorded between Neo-Trac Customer Services personnel and the Subscriber and between the Neo-Trac Monitoring Centre personnel and the Subscriber. The Subscriber consents to the recording of such calls and agrees that such recording may be used and supplied to the Police for the sole purpose of the prevention and detection of crime.
  • 10.2 Unipart shall not be liable for any delay in performing or for failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (here in after 'event of force majeure'). Unipart shall notify the Subscriber upon becoming aware of the event of force majeure and shall indicate the manner and extent to which its obligations are likely to be prevented or delayed. If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of the force majeure continues for a long period of exceeding three (3) months, either party shall have the right to terminate this Agreement forthwith on written notice to the other party. Each party shall use its reasonable endeavours to minimise the effects of any events of force majeure.
  • 10.3 All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered or transmitted to the intended recipient's address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, four (4) working days after posting if sent by prepaid registered mail, two (2) working days after dispatch if sent by courier and on confirmation of transmission if sent by facsimile.
  • 10.4 The failure of either party to enforce or to exercise any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such terms or right and shall in no way affect that party's right later to enforce or to exercise it.
  • 10.5 If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such terms shall, insofar as it is severable from the remaining terms be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
  • 10.6 This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to this agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in this Agreement.
  • 10.7 The construction, validity and performance of this Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts to resolve any disputes between them.
  • 10.8 These Terms and Conditions were last updated 27th June 2008 and supersede all previous editions.