Terms and Conditions - Website and online orders

Terms and Conditions of Use

These terms and conditions (“Terms”) of use constitute a legal agreement between you and Transpoco ("Transpoco"). Use of this website (“Site”) constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site. This Site is intended for customers, potential clients and associates of Transpoco. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passcodes or other permissions that may have been granted by Transpoco for use of this Site.

Ownership

This Site is owned and operated by Transpoco. All content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, illustrations and software ("Content"), is owned by Transpoco, its licensors or its third-party image partners.All elements of the Site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. No portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Transpoco. You shall indemnify Transpoco, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorised use of the Content or Site.

Disclaimers

Transpoco will not be liable for any damages of any kind arising from the use of this site or the unavailability of this site, including, but not limited to, lost profits and direct, indirect, incidental, punitive and consequential damages. Transpoco uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from this Site; however, these other websites are not controlled by Transpoco and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against Transpoco regarding the inclusion of links to outside websites or your use of those websites.

Delivery and Installation

We normally dispatch the system to you within 7 working days of your order being accepted subject to stock availability and payment verification. If you have also requested for us to install your system we aim to have installation of the system within 7 working days of dispatch. If due to extraordinary circumstances delivery or installation should exceed the above estimated times you shall not be entitled to rescind our agreement nor entitled to seek damages provided dispatch or installation is completed within a reasonable timeframe.

Returns

Although we hope you will be very happy with your product, there may be occasions where you feel it necessary to return an item. We aim to keep this process as simple as possible. These terms do not affect your statutory rights.

We will try to attend to all returns as soon as practically possible.All returned goods must be sent back with a returns authorisation email quoting a returns number issued by support@transpoco.com, this returns number is valid for seven days from date of sent returns email.

Transpoco hope you will be satisfied every time you place an Order with us. If however you are unhappy with an item when you receive it, or if you simply change your mind, please contact us at support@transpoco.com or on +44 (0) 8454890144 within 7 days of receipt of goods,you will be sent a returns number via Email. Once this email is received, products must be returned with the dispatch note and copy of returns email, goods must be unused, without mark or blemish and in pristine condition, complete with all manufacturers packaging and all components.Under distance selling regulations, this 7 day "cooling off period" is set for you, the consumer to make final decisions as to wether you are happy with the product you have ordered.If the product contains sealed software however, breaking the seal on this software and/or registration is deemed to be acceptance of the product, as refunds cannot be issued on opened/used/registered software. After this 7 day period any issues will be handled under standard warranty terms and conditions.

We will make any refunds due, directly to the credit/charge card used to place the original order, once we have inspected the returned item and are satisfied that it has been returned to us in good condition.

The customer is responsible for the cost of return postage back to Transpoco. This will be deducted from the value refunded if products are found to be faulty.

Returned products may be subject to a re-stocking fee, for unwanted unopened items this will be 5% of the item value. For items which have been opened,damaged,used or are not re-saleable, the restocking fee will be determined by the condition of the product returned. Please keep all packaging, software and manuals etc. as failure to return these items may affect the re-stocking fee. N.B. Carriage costs incurred for unwanted items are not re-fundable in any case.

Faulty or Damaged Goods

Products will be packed well to ensure they arrive in good condition. Unfortunately, for reasons beyond our control a Product may occasionally arrive damaged or with defects. In this case we will replace it free of charge. You should contact us at support@transpoco.com or on +44 (0) 8454890144 to receive a returns number and email detailing the rest of the returns procedure.Any goods received faulty must be reported within 7 days of receipt of your order. Goods with physical damage must be reported within 72 hours of receipt of goods, this 72 hour period is what we consider a reasonable period for you the customer to examine the goods for physical damage (cracks/scratches etc.)and report it via email or telephone to us.

In these circumstances we will also pay you the cost of the return postage up to £12.00. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.

If after testing your returned product proves to function within the manufacturers prescribed parameters, we regret that we will not be able to provide you with a replacement/full refund. In this instance we will return the original product to the customer (in this case the customer is liable for all postage incurred during the returns process) or we may provide a refund minus a restocking fee of up to 25% at our discretion.

In all cases, the manufacturers original warranty will apply.

Products Shipped in Error

In the unlikely event of you being shipped an incorrect item, we will endeavour to rectify this as efficiently as possible. Please contact us at support@transpoco.com or on +44 (0) 8454890144 within 7 working days of receipt and you will be sent a returns number and an email detailing the rest of our returns procedure.

In these circumstances we will also pay you the cost of the return postage up to £12.00. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.

Terms and Conditions - Conditions of Provision of Services

Provision of Service

Upon the execution of an agreement and payment of the consideration herein reserved by the Customer, the Supplier shall sell/rent and the Customer shall purchase/rent the hardware, system and software licence, and the Supplier shall provide the services indicated in this document, subject to the terms and conditions herein provided.

Term of contract

The term of this contract is accordance with the software option selected. The term of the contract commences on the installation date which will be confirmed upon payment.

Hardware warranty

Black box tracking units installed by Transpoco are under a 3 year warranty. Any satellite navigation equipment installed will be under its standard 1 year manufacturer's warranty.

Payment

The customer shall pay the supplier in accordance with consideration laid out in this document. Fees will be paid in advance from the installation date. Invoices will be issued upon completion of a signed contract.

Delivery and Installation

The Supplier shall furnish deliver and install the system to the Customer on or before the installation date, provided however that should the Supplier through no fault of its own be unable to deliver or install the system by the installation date, the Customer, shall not be entitled to rescind this agreement nor shall it be entitled to seek damages provided the installation, may be effected within a reasonable time.

System Performance

The Supplier undertakes that provided that the system is operated in accordance with the Supplier's instructions, the said system shall perform in accordance with the Supplier's specification existing at the installation date. The Supplier does not guarantee that the system is free from minor errors not materially effecting such performance; nor does the Supplier guarantee that the system as delivered and installed suits the Customers methods of business and/or organisation in so far as such methods and/or organisation have not been divulged specifically and/or enumerated extensively to the Supplier at the date of execution hereof. This clause is in lieu of any condition or warranty expressed or implied by law as to the Quality or fitness for any particular purpose or the system.

Trade Marks and Copy Rights

The Customer acknowledges than any and all of the trade marks trade names copy rights patents and any other intellectual property rights whatsoever used or embodied in or in connection with the system are and shall remain the sole property of the Supplier. The Customer shall not at any time or in any way question or dispute the ownership by the Supplier or any such rights. Ownership therefore is not transferred to the Customer. The Supplier hereby grants to the Customer a non exclusive licence to use the system.

Instructions from the supplier

The Customer shall follow all reasonable instructions given by the Supplier from time to time with regard to the use of the trademarks and copy right and other intellectual property rights owned by the Supplier in connection with the system.

Assignment of systems

The Customer shall not attempt to assign or transfer the system to any other party without the prior written consent of the Supplier. In addition to the Supplier's consent any such assignment must require the transferee or assignee of the system to execute an agreement with the Supplier containing terms and conditions similar to this agreement and any other agreements which may exist between the Supplier and the Customer.

Operation of the systems

The Supplier does not warrant that the operation of the system will be uninterrupted or error free or that the system will meet the Customer's requirements or will operate in the combinations chosen by the Customer. The Supplier shall however use its best endeavours to ensure that the operation of the system shall be uninterrupted and error free and in the event that the operation of the system is interrupted or errors appear as a result of any act or omission by the Supplier, its servants or agents, then the Supplier shall with all reasonable promptness correct any such errors and restore operation of the system.

Liabilities

The Supplier makes no other representations or warranties whatsoever. The Supplier shall not be liable for special consequential indirect or similar damages or loss occurring to the Customer even if the Supplier has been advised of the possibility of such damages. The Supplier shall in no way be responsible or liable for damages or costs incurred during installation or as a result of installation. The Supplier shall in no way be responsible or liable for damages or costs incurred as a result of loss of time, loss of data, loss of profits or revenue or loss of use of the system. Furthermore the Supplier shall not be responsible or liable for costs incurred by the Customer in connection with obtaining a substitute system or claims for inconvenience or any other costs or loss. If maintenance to the system is required due to some act or default by or of the Customer (or for some reason other than a defect in the system, or general maintenance) then a further sum shall be payable by the Customer to the Supplier, which said sum shall be calculable in accordance with the currently hourly/daily rate then chargeable by the Supplier. The Customer shall indemnify and keep indemnified the Supplier against injury (including death) to any person or loss of or damage to any property which may rise out of the act default or negligence of the Customer its employees or agents in consequence of the Customers obligations under this agreement and against all claims demands proceedings damages costs charges and expenses whatsoever in respect thereof or in relation thereto except that the Customer shall not be liable for nor be required to indemnify the Supplier against any compensation or damages for or with respect to injuries or damage to persons or property to the extent that such injuries or damage result from any act default or negligence on the part of the Supplier its employees contractors or agents.

Failute to neglect enforcement of provisions of contracts

Failure or neglect by the Supplier to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be waiver of the Supplier's rights hereunder nor in any way affect the validity of the whole or any part of an agreement nor prejudice the Supplier's rights to take subsequent action.

Invalidity of terms or conditions

In the event that any of the terms and conditions or provisions contained in an agreement shall be determined to be invalid unlawful or unenforceable to any extent such term condition or provision shall be severed from the remaining terms conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

Communication

Any notice, request or other communication required or permitted to be given or made hereunder shall be addressed or sent to the parties by prepaid post at the addresses mentioned at the start of an agreement. Any notice, request or other communication required or permitted to be given hereunder shall be given in writing and shall be deemed to have been duly given if delivered by hand against receipt of the addressee or if transmitted by fax or by email or sent by prepaid registered post addressed to the party to whom such notice is to be given at the address set out for such party herein (or such other address as such party may from time to time designate in writing to the other party hereto). Any such notice shall be deemed to have been duly given if delivered at the time of delivery, if transmitted by fax at the time of termination of the transmission and if by email at the time of transmission and if sent by prepaid registered post as aforesaid forty eight hours after the same shall have been posted.

Renewal

Following the initial term of an agreement, as defined by the services options selected by the Customer, the agreement will automatically renew (subject to the Supplier's then current prices for the services provided) for a successive term renewal term(s) of the same duration as the initial term of the agreement, unless at least 30 days prior to the of the end of the initial term (or renewal term) one party provides written notice to the other party of its intent not to renew.

Disputes

Any dispute or difference which may arise between the Customer and the Supplier in connection with or arising out of this agreement may by agreement of both parties be resolved by arbitration in which event such dispute of difference shall be referred to a single arbitrator to be agreed between the parties hereto or in the absence of such agreement by on Arbitrator to be appointed by the Law Society of England and Wales. In the event of a dispute or difference being referred to arbitration pursuant to this clause the Supplier and Customer agree that this decision of the Arbitrator shall be binding on both parties.