Terms and conditions

1. Definitions and Scope

A. “GPS-Buddy” shall mean: GPS-Buddy Nederland BV, based in Almere, as well as its affiliated companies. “Affiliated companies” shall mean: the GPS-Buddy partners appointed by GPS-Buddy, hereinafter collectively referred to as GPS-Buddy, unless the context requires otherwise.
B. “Customer” shall mean: the party entering into an agreement with GPS-Buddy.
C. These terms and conditions apply to all offers of services/supplies/works carried out by GPS-Buddy and to all agreements concluded with GPS-Buddy. The applicability is accepted by the Customer by placing an order and/or by concluding an agreement, and furthermore by any other action from which it can be inferred that an agreement has been entered into. Any reference by the Customer to other general or specific terms and conditions is expressly rejected by GPS-Buddy. The Customer fully acknowledges the applicability of these terms to oral agreements between GPS-Buddy and the Customer. Once declared applicable to a first (written) agreement, they shall not need to be declared again for subsequent (extension) agreements.
D. “Services” shall mean: all subscriptions to be obtained and/or all related services and products.
E. “GPS-Buddy Partner” shall mean: the party appointed by GPS-Buddy to act as intermediary in the conclusion of subscriptions and/or the party appointed by GPS-Buddy to sell the services and products.
F. The applicability of purchase or other conditions of the Customer is expressly rejected.

A. The agreement concerning the services is an agreement between the Customer and GPS-Buddy.
B. The agreement concerning the delivery and installation of GPS-Buddy systems and accessories is an agreement between GPS-Buddy or a GPS-Buddy Partner and the Customer.
C. Documentation received by the Customer regarding the services and equipment, including manuals and instructions for use, forms an integral part of the agreements.
D. The Customer declares that, prior to concluding the agreement, they have received sufficient information on the (application) possibilities of GPS-Buddy, are aware of the modalities of operation and of the technical specifications of the equipment. Before purchasing the GPS-Buddy subscriptions, products, and services, the Customer has thoroughly reviewed the possibilities of the services and therefore reasonably knows how they operate.
E. All delivery times mentioned and/or agreed by GPS-Buddy are determined to the best of GPS-Buddy’s knowledge based on the information available at the time of conclusion of the agreement, but are never binding. Mere exceeding of a specified term/date does not put GPS-Buddy in default. In the event of delay or impediment in execution on the part of GPS-Buddy, GPS-Buddy’s rights remain unaffected. Termination of this agreement on the grounds of delay or impediment by GPS-Buddy is excluded. In case of delay or impediment in execution on the part of the Customer, GPS-Buddy’s rights likewise remain unaffected. GPS-Buddy shall be entitled to charge the Customer for any costs incurred due to such delay or impediment.
F. Retention of title: the GPS-Buddy system and related installed equipment shall remain the property of GPS-Buddy until full payment has been made by the Customer.
G. In case of a rental agreement, the Customer bears the full risk and responsibility for the goods during the rental period.
H. If the order is cancelled after signed acceptance, the Customer owes GPS-Buddy cancellation costs. These amount to 20% of the purchase price, plus any instalments already due.

A. Installation, removal, or transfer of the GPS-Buddy system and related equipment, whether or not to another vehicle, may only be carried out by GPS-Buddy or an authorized and certified GPS-Buddy partner or installation center.
B. Our technicians or certified (installation) partners must be able to carry out installations at a covered, heated, and well-lit location.
C. Immediately after installation, the Customer shall verify on site that the GPS-Buddy system transmits the signal correctly.
D. In the event of transfer to another vehicle, the Customer must timely provide the details of the new vehicle. GPS-Buddy cannot be held liable for late or defective operation caused by incorrect or untimely notification of such details by the Customer.
E. Maintenance of the equipment, as well as any repairs, may only be performed by GPS-Buddy or an authorized and certified GPS-Buddy partner. If work is performed on the GPS-Buddy system or related equipment by third parties, GPS-Buddy shall be entitled to immediately terminate the agreement relating to the Services, without prejudice to the Customer’s obligation to compensate GPS-Buddy for its damages. Such damages shall in any event consist of all amounts that the Customer would have owed had the full subscription been completed.

The GPS-Buddy partner shall forward the original contract and any accompanying documents to GPS-Buddy in Almere. The Services shall only be activated once GPS-Buddy has accepted the subscription, signed through the intervention of a GPS-Buddy partner who will carry out or has carried out the installation. By signing the contract, the Customer undertakes to make the required payments by direct debit and collection by GPS-Buddy, or to pay once annually in advance.

A. Unless otherwise agreed with GPS-Buddy, each subscription is entered into for a period of 12 – 36 – 60 months, commencing on the date of activation of the GPS-Buddy system.
B. The subscription is tacitly renewed for successive periods of 12 – 36 – 60 months (equal to the initial agreement) unless terminated by the Customer at least 90 (ninety) days prior to the contractual expiry date by registered letter. Termination must be addressed to GPS-Buddy Nederland B.V., Transistorstraat 100, 1322 CH Almere. If not terminated in time, GPS-Buddy offers the Customer the option to buy out the agreement.
C. At least 90 (ninety) days before the expiry date of the agreement, GPS-Buddy shall notify the Customer in writing of any possible changes to the subscription terms and/or to the price lists, rates, or subscription fees (only if these are financially disadvantageous to the Customer compared to the existing arrangements). Such changes shall be deemed accepted by the Customer unless the Customer lodges a written objection to the proposed changes by GPS-Buddy within 30 days of notification. In the event the amended terms, rates, and subscription fees, other/higher than the normal indexation at that time, are not accepted, this may result in termination of the agreement.

A. All prices are exclusive of VAT and other levies imposed by governmental authorities.
B. The parties shall set out in the agreement the date(s) on which GPS-Buddy will invoice the Customer for the agreed performances. Invoices shall be paid by the Customer in accordance with the payment terms stated on the invoice. In the absence of a specific arrangement, the Customer shall pay within 30 days of the invoice date. The Customer shall not be entitled to set-off or suspend any payment.
C. The subscription fee must be paid in full by the Customer in one instalment for the agreed period within 15 days of actual commissioning. If payment per year of the agreed period has been chosen, the Customer grants GPS-Buddy a mandate for payment by direct debit and collection. If the Customer’s payment behaviour gives GPS-Buddy reason to do so, GPS-Buddy reserves the right to demand adequate security with respect to the subscription payments owed. Suspension and/or set-off is not permitted.
D. In the event of late payment, the invoice amount shall automatically be increased, without notice of default being required, with 1% interest per month and with the costs associated with collecting the invoice(s). Collection costs charged shall be at least 15% of the total outstanding amount.
E. GPS-Buddy reserves the right, in the event of late payment, to suspend or terminate the Services, without prejudice to the Customer’s obligation to pay GPS-Buddy the full subscription fee up to the end date of the agreement.

A. The Customer acknowledges that the price for the Services, insofar as monthly communication costs via GPRS and/or GSM are concerned, depends on the pricing policy applied by the relevant network providers of these communication networks, on the basis of statutory regulations and in line with general market price trends for equivalent services of the same quality level. Although GPS-Buddy has entered into supply agreements with the relevant providers regarding the term and cost basis consistent with the Customer’s (standard) subscription, each provider reserves the right to adjust prices and/or conditions in certain cases permitted by law. In accordance with such price control regulations, GPS-Buddy reserves the right to revise the prices, specifications, and characteristics of the communication, provided that a 30 (thirty) day written notice of the adjustment is given to the Customer. The Customer shall be deemed to have accepted the changes unless he terminates the agreement by registered letter no later than 14 (fourteen) days after receipt of the notification of the new rates. If direct debit has been agreed, this shall also cover the adjusted amount; GPS-Buddy is authorized to collect the adjusted amount by direct debit.
B. In the event of modification or expansion of the Services, whether orally agreed or not, GPS-Buddy is entitled to adjust the amount of the agreed direct debit accordingly.

A. In the event the Customer, for reasons beyond the control of GPS-Buddy (Article 8C), cannot enjoy one or more performances, GPS-Buddy shall not be required to provide compensation or alternative services of any kind.
B. GPS-Buddy undertakes to optimally maintain its website. Upgrades and/or maintenance of the website, which may temporarily interrupt its operation, shall be clearly announced in advance on the website.
C. The Customer is aware that the operation and effectiveness of the Services depend on circumstances over which GPS-Buddy has no direct or indirect control, including but not limited to:
a) the constellation and operation of GPS satellites: for a correct location determination of the vehicle in which a GPS-Buddy system is installed, at least three satellites must be “visible” simultaneously. In certain circumstances (e.g. shielding by buildings or natural barriers) this “visibility” may be interrupted.
b) the operation of the GPRS network, whereby the general terms and conditions of the relevant provider apply.
c) the periodic updating and any detailing of the maps of the agreed territory.
d) the inaccessibility of the GPS-Buddy system because no GPS signal (from satellites) and no GSM signal can reach the GPS-Buddy system, for example because the vehicle is located in a covered garage, a tunnel, etc., thereby being completely isolated.
e) the operation of the GPS-Buddy website; this must be normally accessible via the internet.
For malfunctions and/or non-functioning of GPS-Buddy due to any of the above reasons, GPS-Buddy cannot bear any responsibility.
D. GPS-Buddy is therefore not liable for interruptions, suspensions, or restrictions of the Services caused by malfunctioning of the GPS satellites or GSM/GPRS network, incorrect installation of the GPS-Buddy system by the GPS-Buddy partner, defects in related equipment, accidental causes, legal or administrative provisions, or measures taken by competent authorities.
E. Any disruption in the business of GPS-Buddy due to force majeure, as a result of which the Customer cannot use the Services for a period of five consecutive days, shall lead to suspension of the obligations between GPS-Buddy and the Customer for as long as the force majeure situation lasts. In the event of force majeure, GPS-Buddy shall notify the Customer as soon as possible.
F. GPS-Buddy’s liability shall at all times be limited to crediting the Customer for the amount charged to the Customer for the relevant period. GPS-Buddy shall never accept liability for damages due to lost profit or revenue, business interruption, intangible damages, or consequential damages of any kind.
G. In the event of innovation/migration to another provider and/or conversion to another technical system, the Services may be temporarily unavailable. This temporary unavailability shall not be considered a breach of contract by GPS-Buddy.
H. GPS-Buddy has the right to deliver another GPS-Buddy system, provided it has the same functionality as the system specified in the original agreement.
I. The warranty for GPS-Buddy systems is 36 months, unless otherwise stated in the agreement, and constitutes a “bring-in” warranty from the 7th month after purchase or, reasonably, from the 7th month after activation and installation. If repairs under warranty must be carried out at a location other than GPS-Buddy within the Netherlands, travel costs will be charged. If an “on-site service pack” has been agreed at the time of order for new systems, including warranty settlement, these costs will not be charged, subject to the exceptions specified in the service terms. Delivered systems other than GPS-Buddy, as well as GPS-Buddy accessories, have a warranty period of 12 months, unless otherwise agreed.
J. If it is demonstrably the case that damage or incorrect installation has been caused by a non-certified (or certified) party, all warranty shall lapse. In the event of damage caused by incorrect installation, this will be recovered from the (third) party.

A. GPS-Buddy may suspend the services, without prior notice of default, or terminate the agreement without the customer having any claim for damages in cases where:
a) the customer fails to pay invoices on the due date and/or revokes an agreed direct debit;
b) the customer breaches one or more provisions of the agreement;
c) the functioning and/or quality of the services is disrupted by the customer’s intent or negligence;
d) the customer engages in unlawful use pursuant to these terms and/or the agreement;
e) fraudulent use of the GPS-Buddy system occurs;
f) the customer uses the GPS-Buddy system and/or SIM card in a manner inconsistent with its intended purpose under the terms of delivery and other agreed provisions, or where maintenance or repair work is carried out by unauthorized parties.

B. In the event of termination of the agreement for one of the above reasons, the customer shall be obliged to compensate GPS-Buddy for its damages. Such damages shall in any case consist of all amounts that the customer would have owed had the full subscription term been completed.

C. GPS-Buddy reserves the right to terminate agreements relating to the services without incurring any liability for damages in the event that, due to technological developments and/or circumstances, continuation of the services in the agreed form can no longer reasonably be maintained.

All agreements concluded with GPS-Buddy are governed exclusively by Dutch law. The Dutch courts shall have exclusive jurisdiction over disputes arising from or related to any agreement concluded with GPS-Buddy. This provision shall apply without limitation where the counterparty is a foreign entity.

I. Obligations of GPS-Buddy

1. GPS-Buddy undertakes to provide service for the equipment specified in the agreement. The service includes resolving hardware malfunctions and repairing damages attributable to GPS-Buddy, as well as carrying out technical modifications necessary to ensure proper functioning of the equipment on-site. The service also includes repairing or replacing defective parts but excludes the supply of consumables and data storage media and accessories. Such consumables must meet GPS-Buddy’s specifications to ensure proper functioning of the equipment. Response to a malfunction shall take place during the agreed service hours, calculated from the time the malfunction is reported by the customer to GPS-Buddy.

2. Service on the equipment will be provided during GPS-Buddy’s regular business hours, Monday to Friday, 08:00–17:00 CET, excluding public holidays. If additionally agreed, GPS-Buddy may provide supplementary services, such as preventive maintenance and repairs outside regular business hours, subject to its usual terms and rates. Replaced components and equipment become the property of GPS-Buddy.

3. If non-original GPS-Buddy equipment is added to the equipment covered by the agreement without GPS-Buddy’s consent, GPS-Buddy reserves the right to unilaterally terminate the service agreement without refund.

4. GPS-Buddy only provides service insofar as the equipment is located within the Netherlands, excluding overseas territories and the Wadden Islands.

II. Description of Additional Service Level Agreements

• On-site Service: If the GPS-Buddy product is covered by On-site Service, the service team or a certified partner/installer will visit the end user’s location to repair the product. All travel expenses, parts, and labor are covered under this service.

• 24/7 Support: If the GPS-Buddy product is covered by 24/7 Support, the GPS-Buddy service team or its certified partner/installer will visit the end user on-site within the average response time specified in the agreement to repair the product. All travel expenses, parts, and labor are covered under this service.

III. Obligations of the Customer

1. During the period GPS-Buddy is responsible for servicing the equipment, the customer shall ensure that service and other work on the equipment (e.g., expansions) are performed only by GPS-Buddy or with its approval, using original GPS-Buddy products or products from its supply range, in order to guarantee proper functioning of the equipment and service.

2. The customer shall make the equipment and software available during the necessary service time.

3. If the equipment is not available to the engineer (e.g., due to absence), a call-out fee plus a minimum of one labor hour and any additional waiting time will be charged at the applicable rates.

4. A GPS-Buddy service agreement is non-transferable, unless the relevant GPS-Buddy equipment is transferred. The customer must notify GPS-Buddy of such transfer in writing within a reasonable period before the transfer. In the case of relocation, the customer must also provide written notice to GPS-Buddy.

IV. Fees

1. The service fee for a Service Level Agreement must be paid in advance for the entire period. Equipment malfunctions do not entitle the customer to postpone or withhold payments.

2. In addition to the service fee, GPS-Buddy may charge the customer for requested additional work at the applicable rates and under further agreed conditions, including but not limited to:

• Consultancy and support;

• Additional travel time and expenses due to geographically separated installation of the central processing unit;

• Service work performed outside the service hours specified in the GPS-Buddy service agreement (supplementary service);

• Resolving malfunctions and repairing damage caused by external influences for which GPS-Buddy is not responsible;

• Relocations and other changes, except those GPS-Buddy must perform to remedy deficiencies;

• Costs arising from improper use, misuse, addition of non-GPS-Buddy equipment or products not within the GPS-Buddy supply range, waiting times, or other circumstances not attributable to GPS-Buddy.

All other fees must be paid upon receipt of the corresponding invoice.

• Limited Warranty Garmin Navigation Systems: Garmin hardware will be free from defects in materials and workmanship under normal use for two years from the date of purchase. During the warranty period, the hardware will be replaced or repaired at GPS-Buddy’s premises (“limited warranty”).

V. Duration and Term of the Agreement
The service agreement is valid for the period stated in the agreement. Early termination is not possible. The warranty period or service agreement term begins on the date of first delivery of the hardware to the end user (purchase date on the original invoice including serial number of the relevant system). In the event of an extension of the standard warranty period or existing service agreement, the extension term begins on the day after the expiration of the original warranty period or service agreement.

VI. Miscellaneous

1. GPS-Buddy may transfer one or more of its obligations or its entire legal relationship with the client to a third party. GPS-Buddy will notify the client in writing of such transfer.

2. Any advice provided by GPS-Buddy without an explicit consultancy agreement is non-binding, and GPS-Buddy accepts no liability for it.

3. Changes or additions to the service agreement are only valid if expressly agreed in writing with reference to this agreement.

4. For the remainder, the General Terms and Conditions of Sale and Delivery of GPS-Buddy apply to this agreement.

VII. Entitlement to Hardware Service
The customer may claim service within the valid warranty or service agreement term, as described in Article IV, by notifying GPS-Buddy as soon as possible after a malfunction occurs. The following information must be provided:

• Company name

• Serial number of the system, or the license plate/name of the system user

• A full description of the problem