GENERAL CONDITIONS OF SALE

Mister Track is a registered  firm of  FJN GLOBAL SERVICES ( company registered in the Commercial Registry of Santo Domingo under the RNC 131400078). All sales contracts or rental of Mister Track goods or services are distributed by FJN GLOBAL SERVICES under the present ” Terms and Conditions ” ,  which take precedence over any other document or correspondence  between the parties, unless otherwise stated in writing.  For the purposes of the present document, the term “Product” refers to the vehicular tracking systems and terminals of said systems, antennas, cables and all equipment and related accessories,  the term “services” refers to the delivery, installation, repair and replacement of said Products and  the provision of data, reports and other information by any means necessary , the term ‘’SIM card’’ refers to any and all subscriber identification mode employed by any of the aforementioned “Products”, and the term “Client” refers to any company, partnership or individual concluding a contract for the purpose of buying or renting any such Mister Track Products and Services belonging to FJN GLOBAL SERVICES .

If any provision is held invalid or unenforceable by a court or any competent authority, the remaining provisions will continue to have full effect. Both parties accept the entirety of the agreement represented by these Terms and Conditions linking one party to the other party.

All notifications related to the General Terms and Conditions expressed by one of the parties must be remitted in writing and sent to the headquarters or main office of the other party.

Prices and Payment Terms

Rental prices are listed on the Mister Track website.  Sales prices are only valid when the same have been communicated by FJN GLOBAL SERVICES , either in writing or through the Mister Track website  and only in accordance with the quantities of Products and for the time periods specified in the quotation. By default, the period of validity of a quotation is thirty (30) days.

Prices are quoted in US Dollars and do not include the ITBIS, which remains applicable.
The Client agrees to the rental of said Products for the duration of the commitment. Said period is specified in the lease signed by the Client.

Unless otherwise specified on the order confirmation, contract, or FJN GLOBAL SERVICES invoice, the set price of the security deposit is one hundred fifteen US dollars (US$150) per rented Product. No rental agreement will be realized in the absence of said security deposit unless authorized in writing by FJN GLOBAL SERVICES.

One hundred fifty US dollars (US$150) will be billed for any Product lost, damaged or not returned. FJN GLOBAL SERVICES can debit the amount of the security deposit without notice or consent of the Client. The debit of security deposit and the reasons for the charge will be justified to the Client by email. The recovery of sums owed by the Client shall be subject to a collection order. FJN GLOBAL SERVICES will commence legal proceedings against the Client who does not pay the debts heshe has incurred.

Contract Duration and Termination

The Client  is committed for the contractual period specified in the contract. The contract is finalized once said contractual period is complete and the Product has been returned by the Client. Longer term rentals can be terminated through written notification addressed to FJN GLOBAL SERVICES  one month in advance. Upon termination, Client shall pay the rental costs due upon the return of the FJN GLOBAL SERVICES  Products.

In case of return of a lost or damaged Product before the conclusion of the contractual period, the Client shall pay the expenses corresponding to the full duration of the rental contract signed. Any Product rented under this agreement remains property of FJN GLOBAL SERVICES  and must be returned in good working order upon termination of this Contract.

Delivery and use

All delivery dates and times are approximate, however FJN GLOBAL SERVICES will make every effort to meet delivery deadlines. The exact hour is not critical and FJN GLOBAL SERVICES will not be held responsible for any loss or damage resulting from late delivery.

Rental charges are applicable and the duration of the contract enters into validity upon the date of delivery. If the Client delays the delivery date of one or more products or services for more than 10 days from the date specified in the purchase order, FJN GLOBAL SERVICES can deliver the Products and Services at the address indicated by the Client and the order will be charged.

The Client and / or the person authorized by the Client must use the Products in accordance with the guidelines established by FJN GLOBAL SERVICES.  FJN GLOBAL SERVICES will not be held liable for any loss or damage resulting directly or indirectly from the negligence or breach of written instructions by FJN GLOBAL SERVICES for using FJN GLOBAL SERVICES Products.

Property title and Risks

Upon completion of all payments due the Property titles of the purchased FJN GLOBAL SERVICES Products are due to the Client.

Previous to said acquisition the Client is responsible for the securing and storing of products and maintaining them in perfect working order.  The titles of FJN GLOBAL SERVICES Products rented by the Client remain in the name of FJN GLOBAL SERVICES and said products must be returned by the Client, in perfect working order upon completion of the rental period. The title of the SIM card under any circumstances remains that of FJN GLOBAL SERVICES or the SIM card provider. The risks inherent in the FJN GLOBAL SERVICES products are allocated to the Client upon the delivery to the address indicated by the Client.

Guarantee

FJN GLOBAL SERVICES Products purchased by Client are guaranteed free from defects for a period of 12 months from the date of delivery, unless otherwise specified in the purchase order. In case the products are found defective during said period, FJN GLOBAL SERVICES ensures  the replacement of the products in the shortest possible time, using new or equivalent parts or components. In the case of rental of the products, these are under guarantee for the duration of the rental period.

FJN GLOBAL SERVICES does not guarantee continuity of services without interruption, or that the Products are adapted for a specific use, or that reports, data or information given in the field of services provided are free of errors, omissions, inaccuracies, or nonconforming items, and FJN GLOBAL SERVICES does not accept responsibility or obligations to the Client in this regard, unless special mention has been made in these General Conditions.

FJN GLOBAL SERVICES makes no guarantee as to the safety or that of any connection or transmission used in connection with the services provided. By using the Products, the Client assumes full liability for any damage caused by it, his representative or by an unauthorized third party. The Client assumes full responsibility for any modification, repair or improper handling of the products. The Client assumes full responsibility for any damage or misuse albeit accidental of the products. FJN GLOBAL SERVICES is not responsible for any damage found in the products.

Rights and Intellectual Property

FJN GLOBAL SERVICES maintains all intellectual property rights on the Products and Services. The copyright and all authors’ rights and intellectual property subsisting on the basis of data accessible through the Services and all information delivered through the Services, are owned by FJN GLOBAL SERVICES or the providers of said information.  The Client is authorized to use the information obtained from the Services only for their own private use, the Client is not authorized to sell, re-sell, re-transmit or communicate information obtained through the Services, in any way, or form to third parties without prior written consent from FJN GLOBAL SERVICES.

SIM cards

The Client may not remove or permit or authorize others to remove any SIM card from any of the Products. The Client will be held responsible for the loss or theft or careless (including fraudulent or improper)  of SIM cards.

In the event that FJN GLOBAL SERVICES has justifiable grounds to believe that the Client could commit offenses expressed in the provisions of this clause, FJN GLOBAL SERVICES may, at its discretion, suspend the delivery of Client Service for one or all FJN GLOBAL SERVICES Products delivered to the Client.

Confidentiality

FJN GLOBAL SERVICES and the Client must process all information received by both parties marked “Confidential”, or whose confidential nature is evident, with same discretion it processes any of its own confidential information. Confidential information may include, but is not limited to: business plans, Client lists, operating and technical data, Product plans. Upon termination of the Contract, these provisions between the Client and FJN GLOBAL SERVICES remain in effect  for a period of three (3) years.

Responsibility

Nothing in the General Conditions shall exclude or limit the responsibility of FJN GLOBAL SERVICES in case of death or personal injury caused by negligence, misconduct or fraudulent statements by FJN GLOBAL SERVICES.

Without prejudice to the provisions of these General Conditions, under all circumstances, the full responsibility of FJN GLOBAL SERVICES in considering a claim or a total of claims resulting from a breach by FJN GLOBAL SERVICES (act or omission by contract by negligence or otherwise) may not exceed the total amount paid by the Client for the products or services concerned by such claims.
In case of a claim against FJN GLOBAL SERVICES for a breakdown of the Services or any errors in the submitted information, the responsibility of FJN GLOBAL SERVICES may not exceed the total amount paid by Client for the Services, for the duration of the failure or such errors and must be confined exclusively to the affected Services. FJN GLOBAL SERVICES will not be liable to the Client regarding any special or indirect economic loss (including, but not limited to: loss of revenues, profits, contracts, business or anticipated savings).

Data Protection

Personal data is stored and processed in accordance with the applicable laws regarding the protection of personal data and the privacy policy of FJN GLOBAL SERVICES.

Force majeure

FJN GLOBAL SERVICES not be liable to the Client for lack of performance, delay or failure of performance of any obligation under these Terms and Conditions, or the damage or loss of any Product on the grounds of force majeure, war, riot, civil unrest, embargo, strike, fire, theft, delayed delivery or delay in the services of subcontractors / suppliers, lack of manpower or lack of materials, confiscation or other unforeseen event (identical or not to the nature of the events specified) against the reasonable will of FJN GLOBAL SERVICES. If this situation persists for more than sixty (60) days, the contract may be terminated in writing by both parties without any compensation.

Rescission

FJN GLOBAL SERVICES reserves the right to terminate any contract with the Client who occasionally or continuously  breaches the terms of the present agreement and does not proceed make reparations within thirty (30) days of written notice or with immediate effect if the Client  acts in a way to compromise the continuation of Services.

Cession of rights

The Client is not authorized to assign its rights or obligations under the present agreement either wholly or in part, to any third party without prior written authorization FJN GLOBAL SERVICES.

Ley sobre el uso de Equipos G.P.S.

The laws on the protection of privacy and the CNIL set and frame the use of  G.P.S. equipment
Reference texts:

  • Civil Code: Article 9 (protection of privacy )
  • Labour Code: Article L.1121-1 (rights and freedom in the company), Article L.1222-3 y L.1222-4 (Employee information) Article L.2323-32 (Information / consultation of the business labor council)
  • Criminal Code: Article 226-1 et seq (protection of privacy), Article 226-16 et seq (violation of human rights resulting from computer processing)
    Deliberations of the CNIL: Simplified Rule No 51

The G.P.S. Equipment must be used in strict compliance with the laws set forth above.  The Client or any third party shall not under any circumstances commit a crime, offense or infraction through the use of any Mister Track G.P.S. equipment. The Client or any third party must respect the laws of the country regarding the use of  Mister Track G.P.S. equipment.  FJN GLOBAL SERVICES will not be liable for any illegal or unauthorized use of a Mister Track G.P.S. equipment .

Applicable law and jurisdiction

These conditions are subject to French law and are under the exclusive jurisdiction of the competent courts.

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