1. Application

These Terms apply to all products and services supplied by Fleet IQ NZ Limited (“Fleet IQ”) to commercial customers.

All goods and services are supplied strictly for business purposes. The Consumer Guarantees Act 1993 and any other consumer protection legislation do not apply.

By placing an order, accepting a quote, or paying an invoice, the Customer agrees to these Terms.

2. Scope of Supply

Unless expressly stated in writing, Fleet IQ supplies hardware on a supply-only basis.

Installation, configuration, integration, commissioning, training, advisory or project management services are excluded unless specifically quoted and accepted in writing.

Where the Customer engages third-party installers, those installers are solely responsible for workmanship and compliance.

3. Pricing

All pricing is exclusive of GST unless stated otherwise.

Freight, insurance, duties, SIM cards, data plans, platform licences, installation, travel, accommodation and third-party charges are additional unless expressly included.

Quoted pricing is valid for 14 days unless otherwise stated.

4. Delivery, Risk and Title

Risk passes to the Customer upon delivery or collection.

Ownership of hardware remains with Fleet IQ until full payment has been received.

The Customer grants Fleet IQ a security interest under the Personal Property Securities Act 1999 (PPSA) and agrees Fleet IQ may register that interest. The Customer must provide all assistance reasonably required to perfect or enforce that security interest.

5. Payment Terms

Payment is due on the date specified on the invoice.

Fleet IQ may suspend supply, disable platform access, or withhold services where accounts are overdue.

Overdue amounts may attract interest at Fleet IQ’s prevailing commercial rate plus recovery costs (including legal and collection costs).

6. Platform, SIM and Subscription Services

Where Fleet IQ supplies telematics platform access, AI monitoring services, SIM cards or data services:

• Charges apply for the agreed billing period

• Fees are non-refundable

• Fleet IQ may suspend access for non-payment

• Network coverage depends on third-party carriers

• Fleet IQ does not guarantee uninterrupted connectivity

On termination, platform access may be disabled and data may be deleted after a reasonable retention period.

7. Warranty

Hardware supplied carries the applicable manufacturer’s warranty (including Jimi IoT where applicable).

Warranty covers manufacturing defects only and excludes:

• Incorrect installation or wiring

• Operation outside specification

• Water ingress

• Electrical faults

• Non-approved accessories

• Tampering or modification

• Accident damage

• Normal wear and tear

Labour, diagnostics, travel, removal and reinstallation costs are not included unless expressly agreed.

Warranty claims must include serial number, fault description and supporting evidence and remain subject to manufacturer approval.

8. Installation and Customer Responsibilities

Where Fleet IQ arranges installation, the Customer must ensure vehicle readiness, site access and electrical suitability.

Fleet IQ may charge delay costs where installation is obstructed by Customer issues.

The Customer is responsible for:

• Ensuring vehicles are roadworthy

• Driver training and supervision

• Internal safety policies

• Acting on alerts and system outputs

Fleet IQ provides monitoring tools only and does not assume operational control of vehicles or staff.

9. System Performance and Non-Reliance

Fleet IQ systems (including ADAS, DMS, telematics, temperature monitoring and AI alerts):

• Assist monitoring and risk management

• Do not guarantee detection, prevention or elimination of unsafe events

• May generate missed events or false alerts

• Depend on correct installation, calibration and network availability

The Customer acknowledges:

• The system does not replace driver judgement

• The system does not replace legal compliance obligations

• Duties under the Health and Safety at Work Act 2015 remain solely with the Customer

The Customer must not rely solely on system alerts to discharge legal or safety obligations.

10. Data, Privacy and Footage

All footage, telematics data and related information generated by devices is owned by the Customer.

Fleet IQ:

• Cannot access footage without authorisation

• Is not responsible for customer privacy compliance

• Is not responsible for internal driver notification obligations

The Customer is solely responsible for:

• Compliance with the Privacy Act 2020

• Informing drivers and staff of monitoring

• Establishing retention and access policies

Fleet IQ does not guarantee footage retention and is not liable for data loss, outages or third-party breaches.

Fleet IQ may use anonymised aggregated data for system improvement unless otherwise agreed.

11. Limitation of Liability

To the maximum extent permitted by law, Fleet IQ is not liable for:

• Indirect loss

• Consequential loss

• Economic loss

• Loss of profit

• Loss of revenue

• Business interruption

• Reputational damage

• Regulatory penalties

• Loss arising from missed alerts or footage unavailability

Fleet IQ’s total liability for any claim is limited to the amount paid for the specific product or service giving rise to the claim.

All claims must be notified within 12 months of supply.

12. Indemnity

The Customer indemnifies Fleet IQ against any claim, loss or liability arising from:

• Improper installation

• Failure to maintain vehicles

• Failure to act on system alerts

• Misuse of equipment

• Breach of privacy obligations

• Driver conduct

13. Returns

Returns require prior written approval.

Returned goods must be unused and in original packaging.

Restocking fees may apply.

Custom-ordered or configured items are non-returnable.

14. Force Majeure

Fleet IQ is not liable for delays or failure to perform caused by events beyond reasonable control, including supply chain disruption or network outages.

15. Confidentiality

All pricing, proposals and commercial information must remain confidential unless authorised in writing.

16. Governing Law

These Terms are governed by the laws of New Zealand.