General Terms for the Installation of GPS Navigation Equipment

Introduction

These General Terms and Conditions establish rules and provisions applicable to the installation of GPS navigation equipment, conducted by ALFA LOGISTIKA d.o.o., VAT ID: HR02706843298, Andrije Hebranga 16, 47000 Karlovac, Croatia (hereafter: “Contractor”), for end-users (hereafter: “Clients”) through authorized installers (hereafter: “Suppliers”).

Contractual Parties

Contractor: ALFA LOGISTIKA d.o.o., VAT ID: HR02706843298, Andrije Hebranga 16, 47000 Karlovac, Croatia, a company specialized in providing GPS tracking and fleet management services.

Supplier: An authorized individual or company responsible for the professional installation of GPS equipment in the Clients’ vehicles.

Client: A legal or natural person using GPS tracking and fleet management services, for whom the equipment installation is carried out.

Contract Subject

The subject of this contract is the delivery, installation, maintenance, return, and storage of GPS navigation equipment in clients’ vehicles, in accordance with the technical and operational standards of the contractor.

The contract is made directly between the contractor and the supplier for services to be performed for the client. It is important to note that this contract is not directly between the client and the supplier; instead, there exists a separate agreement between the client and the contractor defining their relationship and the scope of agreed services.

Contract Formation

The contract between the Contractor and the Supplier is made on a special form, detailing agreed service prices, scope of work, travel expenses, and other relevant details. In case of any discrepancy between these General Terms and the contract form, the conditions stated in the form prevail.

The contract is concluded for an indefinite period.

Supplier Obligations

The Supplier is responsible for the professional installation of GPS equipment, including vehicle inspection before installation, device installation according to professional standards, and returning faulty devices to the Contractor.

Execution Period

Installation begins within seven days of receiving notification from the Contractor, with the possibility of adjusting deadlines according to the Client’s needs and Supplier’s availability.

Price and Payment Terms

The service is charged according to the price list agreed upon in the contract. Invoices are issued monthly, with payment due within 15 days from the invoice date.

Warranty and Service Conditions

The Supplier is responsible for ensuring high technical quality of installation and commits to rectify any deficiencies within two business days of receiving a request from the Contractor or Client.

Contract Cancellation

The contract can be terminated in writing or via email. The cancellation must clearly state the reasons for termination and the date of termination.

Regular termination: The contract termination becomes effective 30 days after receipt of the cancellation notice.

Extraordinary termination: Either party, the Supplier or the Contractor, has the right to unilateral termination of the contract without a notice period in case of severe breaches of the contractual relationship. Examples of severe breaches include, but are not limited to:

  • Non-payment of agreed fees within the agreed timeframe.
  • Significant change in service or equipment conditions significantly affecting contract fulfilment.

In cases of extraordinary termination for these reasons, the parties are not required to pay any penalties or wait for a notice period. Termination becomes effective immediately upon written notification to the other party.

Confidentiality

All parties to the contract are committed to protecting confidential information and data acquired during the duration of the contractual relationship.

Liability for Damage

Liability for damage during installation: The Supplier assumes full responsibility for any damage that may occur during the installation process on the Client’s vehicle or property. This liability exclusively covers damage that may occur during the actual installation process, including the method of connecting the equipment to the vehicle or property in accordance with professional standards.

The Supplier also has the right to halt the installation process if it is deemed impossible, if the vehicle or property is not technically suitable for installation, or if the installation could cause malfunctions. In such cases, the Supplier will immediately notify the Contractor of the installation process halt.

Force Majeure

Force Majeure clause: Neither party will be responsible for failing to fulfill obligations under this contract if the failure is caused by force majeure events, including but not limited to natural disasters, wars, terrorist attacks, epidemics, or government acts. Parties are required to notify each other of such circumstances as soon as possible.

Personal Data Protection

Protection of Clients’ personal data: The Contractor and Supplier commit to protecting Clients’ personal data in accordance with the General Data Protection Regulation (GDPR) of the European Union and national laws of the Republic of Croatia regulating personal data protection. All collected data will be used exclusively for the purpose of executing GPS equipment installation services and will not be shared unauthorizedly with third parties. This ensures that all data is processed transparently, fairly, and in accordance with laws protecting individual privacy.

Contract Amendments and Supplements

Contract changes: Any amendment or supplement to the contract requires a written form and signatures of authorized representatives of all contractual parties. These changes become valid from the moment of signing by all parties, unless otherwise agreed. For the contract’s validity, a new contract must be concluded for each change of terms, ensuring transparency and legal clarity.

Dispute Resolution

Dispute resolution process: In case of a dispute arising from this contract, parties commit to first attempt to resolve the dispute amicably, through mediation or negotiations. If this fails, the dispute will be settled in the competent court in Zagreb.

Rules for Calculating Services Rendered between the Contractor and Supplier

For clear and transparent calculation of rendered services, between the parties of the contractual relationship, the Contractor and Supplier, the following rules are defined:

Billing After Completion: The service will be billed after it has been executed and completed. This means that the Supplier will be paid for their services after they have been provided and fulfilled in accordance with the agreement between the parties.

Basis for Billing: The basis for service billing is a properly filled out work order form. The work order must contain all relevant information about the provided services, including job description, execution time, amount of work or materials, and all other relevant data.

Compilation of Work Order Form: The work order form can be compiled by the Contractor and sent to the Supplier, or it can be compiled by the Supplier and sent to the Contractor. It is important that the work order form is filled out clearly and completely to enable proper billing of services.

Submission of Work Orders: The Supplier is obliged to submit work orders to the Contractor no later than 3 days from the moment of service execution at the Client’s location. This obligation ensures that billing forms are timely available to the Contractor for calculation and payment.

Field Work without Secured Facilities: If the Supplier performs a service in the field, which includes work outside their business address, the Contractor is responsible for providing the necessary vehicles or facilities for service execution, unless the Client has directly arranged with the Supplier outside the Contractor. If the Contractor does not provide such resources, the service will be billed as if performed, regardless of the absence of necessary means for execution.

These service billing rules aim to ensure fairness and clarity in the business relationship between the Contractor and Supplier. Each party commits to adhere to these rules to ensure transparency and proper execution of contracted services.

Education

The Contractor is responsible for providing education to Suppliers about GPS systems and installation techniques.

Work Order

For each installation, a work order is issued containing all details about the performed works, either in digital or physical form.

Final Provisions

These General Terms and Conditions apply to all contracts concluded after July 1, 2018.