Annex B — Hardware Supply & Warranty

The conditions for the sale or rental of ViTrack tracking devices: delivery, title and risk, warranty, RMA, and the technical limitations of IoT hardware.

Effective: November 2026

This Annex forms part of the ViTrack Master Services Agreement and applies only when an Order incorporates it. Defined terms have the meaning given in the Agreement; in the event of conflict, the Agreement’s order of precedence governs. It sets out how ViTrack supplies its tracking Devices and the limited warranty and technical limitations that apply to them.

1. Object and Modality

ViTrack supplies Devices for sale or for rental, as stated in the Order or proforma. Unless otherwise indicated, supply is by sale. Devices are IoT sensors that measure and transmit data such as location, temperature, humidity, shock and light while within range of a supported network — they are monitoring tools, they do not protect, secure or control the goods they travel with.

2. Orders, Prices and Delivery

Prices are in EUR plus VAT and do not include duties or transport unless agreed. Delivery is made under the Incoterm stated in the Order; absent any indication, FCA ViTrack’s warehouse (Incoterms 2020). Delivery dates are estimates and not of the essence; ViTrack will use reasonable means to meet them, and a delay not attributable to ViTrack does not give rise to a penalty or automatic termination.

3. Transfer of Title and Risk

In a sale, risk passes on delivery under the applicable Incoterm, and title passes on full payment (retention of title). In a rental, title remains with ViTrack at all times.

4. Inspection and Acceptance

The Customer will inspect the Devices and report any apparent defects or shortages within 10 days of receipt; failing that, they are deemed accepted.

5. Commercial Warranty (12 months)

ViTrack warrants that, under normal use, the Devices will be free from defects in materials and workmanship for 12 months from delivery (or the manufacturer’s period, if shorter). If a Device proves defective within this period, ViTrack’s sole obligation — and the Customer’s exclusive remedy — is, at ViTrack’s choice, to repair it, replace it, or refund the price paid for that Device.

6. Warranty Exclusions

The warranty does not cover damage arising from the operating environment or misuse, in particular:

  • Impacts, crushing and handling with forklifts or other means.
  • Pressure washing and exposure to aggressive chemicals, heat or water ingress beyond the stated rating.
  • Normal battery depletion, consumables and wear over time.
  • Unauthorised installation, opening, modification or repair, or use outside the documented specifications or network coverage.
  • Loss, theft or failure to return the Device.
  • Damage caused by the carrier, handling or the transport environment.

In sales to businesses (B2B), the legal guarantee is limited to the extent permitted by law. In any sale to consumers, the 3-year legal guarantee of conformity under the Spanish consumer law (TRLGDCU) applies and cannot be excluded.

8. Returns Process (RMA)

Incidents are handled through an RMA request to support@vitrack.me. ViTrack will indicate the shipping procedure. Devices that are dead on arrival (DOA) are replaced at no cost within the warranty.

9. Third-Party Hardware

For Devices manufactured by third parties or partners, ViTrack will pass through the manufacturer’s warranty so far as possible and is not responsible for faults or malfunctions attributable to that hardware.

10. Device Rental

Under a rental, the Customer keeps the Devices with due care, does not modify them and returns them at the end in good working order (fair wear and tear excepted). Loss or damage not covered by the warranty is invoiced at the applicable replacement value.

11. Non-Payment: Suspension, Connectivity and Return

In the event of non-payment, ViTrack may suspend the associated services and deactivate the Devices’ connectivity (e.g. SIM cards), with any reactivation costs borne by the Customer. If the non-payment affects Devices not yet paid for (retention of title) or on rental, the Customer will return them undamaged and at its own cost on ViTrack’s request.

12. Technical Protection Measures

ViTrack may incorporate technical measures to protect its intellectual property, including the remote deactivation or wiping of the Device software on termination of the contract. The Customer will not circumvent such measures.

13. Technical Limitations You Accept

IoT tracking hardware has inherent limitations. By using the Devices the Customer acknowledges that:

Connectivity and coverage

  • Devices depend on third-party cellular, GPS/GNSS and, where applicable, satellite networks that ViTrack does not operate or control.
  • Data is not transmitted in real time where there is no coverage — for example inside containers, metal structures, remote areas, at sea or underground. Readings are buffered and sent when connectivity returns, which may be hours or days later.
  • Location is approximate and its accuracy varies with signal conditions and positioning method.

Battery and lifespan

  • Battery life depends on reporting frequency, temperature and signal strength, and is an estimate rather than a guarantee.
  • Devices stop reporting when the battery is depleted; most units are designed for single-journey or limited-duration use unless specified otherwise.

Sensor accuracy

  • Sensor readings are subject to manufacturing tolerances and are not of certified metrological or laboratory grade.
  • They are indicative and must not be used as the sole evidence for legal, insurance, customs or food-safety determinations unless a certified device and process have been separately agreed.

14. No Responsibility for the Goods

A tracking Device records information about a shipment; it does not safeguard it. ViTrack is not responsible for the loss, theft, damage, delay or spoilage of goods, nor for any decision taken on the basis of device data. Custody, insurance and the condition of the cargo remain with the carrier, insurer and the parties to the transport contract.

15. Exclusion of the Vienna Convention (CISG)

The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded from sales of Devices.

16. End of Life, WEEE and CE Marking

The Devices bear CE marking where applicable. Disposal as waste is carried out in accordance with the applicable WEEE (RAEE) regulations. This limited warranty is in addition to, and does not affect, any mandatory legal guarantees available under applicable law.

17. Warranty Claims

Gaman Endeavours SL
Warranty & support: support@vitrack.me