Client Self-Installation Agreement
PLEASE READ THE FOLLOWING CLIENT SELF-INSTALLATION AGREEMENT BEFORE PROCEEDING WITH ANY INSTALLATION OF HARDWARE OR ANY OTHER EQUIPMENT ASSOCIATED WITH THIS AGREEMENT.
BY ACCEPTING THE TERMS OF THE FLEET COMPLETE ORDER FORM AND THE MASTER SUBSCRIPTION SERVICE TERMS (TOGETHER WITH ALL ADDITIONAL TERMS DEFINED THEREUNDER), OR BY CHOOSING TO SELF-INSTALL THE HARDWARE OR EQUIPMENT, OR HAVE IT INSTALLED BY A CLIENT INSTALLER (ALL AS HEREINAFTER DEFINED), THAN: (A) YOU ARE ACCEPTING AND AGREEING TO, AND LEGALLY BINDING YOU, AS A LEGAL ENTITY OR A LEGAL ENTITY WHICH YOU REPRESENT AS AN EMPLOYEE OR AGENT (COLLECTIVELY THE “YOU” OR “CLIENT”) TO, THE TERMS AND CONDITIONS OF THIS SELF-INSTALLATION AGREEMENT (THE “AGREEMENT”); (B) THIS AGREEMENT SHALL BE A LEGALLY BINDING AGREEMENT BY AND BETWEEN THE CLIENT AND THE FLEET COMPLETE ENTITY DEFINED WITHIN THE ORDER FORM EXECUTED BY THE CLIENT (“FLEET COMPLETE”); AND (C) BY CHOOSING TO SELF-INSTALL THE EQUIPMENT, OR HAVE IT INSTALLED BY A CLIENT INSTALLER (AS HEREINAFTER DEFINED), CLIENT ASSUMES SOLE RESPONSIBILITY FOR DOING SO CORRECTLY. IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN YOU ARE NOT AUTHORIZED TO INSTALL THE HARDWARE OR EQUIPMENT OR HAVE THE HARDWARE OR EQUIPMENT INSTALLED BY A CLIENT INSTALLER (AS HEREINAFTER DEFINED).
THE RIGHT TO INSTALL THE HARDWARE AND EQUIPMENT IS CONDITIONAL UPON ACCEPTANCE OF THIS AGREEMENT.
If Client retains or engages the services of a third-party installer that is not a Fleet Complete Certified Installer (a “Client Installer“) to install the Fleet Complete® hardware, GPS modem, subscriber devices or accessories (collectively “Hardware“), Client is responsible for the acts and omissions of the Client Installer.
For any questions or for assistance with the installation of any Hardware, contact your Fleet Complete Sales representative. For in-depth Technical Support, please contact Technical Support | Fleet Complete.
INSTALLATION OF EQUIPMENT
The Fleet Complete Solution (the “System”) requires the installation of Hardware, provided by Fleet Complete, in Client vehicles and/or other mobile equipment. Client has advised Fleet Complete that it wishes to have its own Client Installer install the System and the Hardware in Client’s vehicles and/or other mobile equipment, as well as to service the System and the Hardware when necessary.
To assist in the initial installation please refer to the installation information and documentation for the System (the “Documentation”) and the Hardware provided by Fleet Complete, which can be found at www.welcometofleetcomplete.com. In order to ensure the proper functioning of the System and the Hardware, the initial installation must be completed by Client or Client Installers strictly in accordance with the steps, procedures and requirements of the Installation Manual and any further instructions, procedures and directions in the Documentation or as otherwise directed in writing by Fleet Complete.
FAILURE TO INSTALL THE HARDWARE AND SYSTEM IN ACCORDANCE WITH THE FLEET COMPLETE® INSTALLATION MANUAL AND DOCUMENTATION MAY RESULT IN THE VOIDING OF THE HARDWARE WARRANTY.
ONSITE INSTALLATION AND OTHER SERVICES
In order to ensure the proper initial installation of the System and the Hardware and the on-going performance of the System and the Hardware in accordance with the Documentation, Fleet Complete will provide Client or its Client Installer(s) with reasonable telephone or online support during the initial installation process and/or provide telephone or online support to assist client to rectify any problems with the initial installation completed by the Client Installer. If Client is unable to install the equipment, Fleet Complete will dispatch Fleet Complete Certified Installers to install the System and the Hardware subject to Fleet Complete’s then-current installation services fees.
Fleet Complete will also provide Client Installers with reasonable telephone or online support for the System and the Hardware, which will include making Fleet Complete’s Installer Portal available to Client Installers.
If Client reports problems with the initial installation, Fleet Complete may, with Client’s prior approval, dispatch Fleet Complete’s own Certified Installers to install, inspect and/or diagnose the problems with the initial installation. Fleet Complete’s standard installations fees and charges will apply to any onsite services provided by Fleet Complete as a result of a faulty defective initial installation. If there is found to be an equipment or infrastructure fault caused by Fleet Complete (faulty equipment), the service charges and replacement equipment are covered under the applicable Fleet Complete Hardware warranty.
Client hereby authorizes Fleet Complete to invoice the Client for any installation services provided by Fleet Complete. Client shall make appropriate Client personnel available to Fleet Complete to assist Fleet Complete with troubleshooting and support of the Hardware and System.
WAIVER AND RELEASE
- Client hereby releases Fleet Complete and its directors, officers, shareholders, partners, employees, related parties, representatives and successors (the “Fleet Complete Group”) from and hereby waive as against the Fleet Complete Group any and all recourses, claims, causes of actions, losses and damages of any kind whatsoever, whether at law or in equity, whether direct, indirect or consequential, and howsoever caused, including negligence, gross negligence, willful act or omission, breach of contract or breach of any statutory, regulatory or other duty of care (collectively, “Claims”), in respect of any losses or damages suffered including death, injury, loss, damage, expense, property damage, loss of employment, economic or consequential loss or future loss of income howsoever caused (collectively, “Losses”), arising from or relating in any way to the installation of the equipment by Client or its installer.
- Client hereby covenants not to make any Claims or pursue any proceedings against the Fleet Complete Group, or any individual, corporation or other legal entity that might claim contribution or indemnity against the Fleet Complete Group, whether under the provisions of any statute or otherwise, with respect to any issue arising from or relating in any way to Client’s (or its installer’s) installation of the equipment.
Client hereby agrees to fully indemnify, hold and save harmless the Fleet Complete Group, and each of them, from and against any and all liabilities, losses, damages, fines, costs, penalties or expenses (including legal fees and disbursements on a solicitor and own-client basis) that any of the Fleet Complete Group may incur due to any claim made against any of them arising from or relating in any way to Client’s (or its installer’s) installation of the equipment.
This Agreement was originally composed in English and was subsequently translated into other languages. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with any and all translated versions.
Last Modified June 29, 2021