1. Order Confirmation

Orders are binding upon written acceptance by Mobitron AB, including electronic confirmation. Once accepted, orders may not be cancelled by the Customer unless expressly agreed in writing by Mobitron. Any cancellation request must be submitted in writing and is only valid upon written confirmation from Mobitron.

Regardless of reason, the Customer is obligated to purchase any goods commissioned for the order that cannot be cancelled. Such goods will be invoiced no later than the originally scheduled delivery date, at Mobitron’s purchase price plus applicable delivery costs.

2. Delivery and Transfer of Risk

Unless otherwise agreed with the Customer, all deliveries are made EXW (Ex Works) Huskvarna, Sweden, in accordance with Incoterms 2020. If the Customer does not specify a transport method, Mobitron may select one at its discretion. All transport costs and risks—including loss or damage—are borne by the Customer from the point of dispatch.

3. Delivery Delays

Delivery dates are estimates and not binding. A delay of up to 14 days is considered on-time. If delivery is not made within a final reasonable deadline set by the Customer, the Customer may cancel the order. No further claims may be made due to delay.

4. Prices

Mobitron reserves the right to adjust prices for undelivered Products due to supplier cost changes, currency fluctuations, material costs, or government actions. Subscription fees may be adjusted in future periods based on data usage. All taxes, duties, and fees are payable by the Customer unless otherwise agreed.

5. Payment Terms

Payment is due by the date stated on the invoice. If no date is given, payment is due upon delivery. If delivery is delayed due to the Customer, payment remains due as if delivered on time. Late payment interest is 8%. Invoices are sent electronically.

Mobitron may obtain credit insurance on the Customer. If coverage is terminated, Mobitron may require prepayment and suspend services until payment is received. Unpaid invoices may result in account closure and system access termination.

The Customer may not offset or assign claims without Mobitron’s written consent. Collection costs, including legal fees, are reimbursable by the Customer.

6. Subscription and Termination

Licenses for Cargolog PC Software, Cargolog Connect, Cargolog Online, and the API are purchased individually. Each software application requires its own license and, where applicable, a separate subscription for updates, support, or continued access.

Subscriptions for Cargolog Connect, Cargolog Online, and the API are prepaid for fixed durations of 3, 6, 12, or 24 months, and renew automatically for the same period unless otherwise agreed. Termination must be submitted in writing at least one month before the start of the next subscription cycle. No refunds are issued for early termination.

Cargolog PC Software is sold as a one-time license. Updates and support services require a separate active subscription.

Data Logger Connectivity Subscription

Each Mobitron data logger intended to transmit data requires its own online functionality subscription, which includes SIM card connectivity. This subscription enables automatic data transfer from the logger to the appropriate platform and is essential for real-time monitoring.

• 2nd Generation data loggers are compatible with Cargolog Online.
• 3rd Generation data loggers are compatible with Cargolog Connect.

Subscriptions for data logger connectivity are available in 12- or 24-month prepaid periods and are tied to the individual logger. To avoid service interruption, renewal or termination of the data logger subscription must be submitted in writing at least one month before the start of the next subscription period. No refunds are issued for early termination.

Usage Restrictions

Mobitron systems are intended solely for equipment management and tracking. Any unlawful or unauthorized use is strictly prohibited.

7. Data Protection and Privacy

Mobitron AB acts as a data processor; the Customer is the data controller under GDPR. Personal data processed via Mobitron tracking systems is handled only on the Customer’s instructions. The Customer is responsible for complying with applicable data protection laws, including data subject rights.

Mobitron may aggregate or anonymize data for analytical purposes. Once anonymized, data is no longer identifiable. Appropriate technical and organizational measures are in place to protect data, and all subcontractors must meet the same standards. For details, see our Privacy Policy or contact info@mobitron.com.

8. Product Information

Product specifications, dimensions, and performance data are only binding if explicitly confirmed in the order or order confirmation. Mobitron reserves the right to revise or discontinue products without notice. Delivered products may differ slightly due to technical updates but will maintain equivalent functionality.

9. Confidential Information

All non-public materials, including drawings and technical documents shared by Mobitron, remain Mobitron’s property and must be treated as confidential. Such information may not be copied, shared, or used for other purposes without written consent and must be returned upon request.

10. Product Changes

Mobitron may modify products without prior notice, provided changes do not materially affect agreed specifications or functionality. Network availability may vary based on coverage, pricing, and stability.

11. Retention of Title

Ownership of delivered goods remains with Mobitron until full payment is received, including any additional costs. If goods are incorporated or processed, retention applies to the resulting product up to the original value.

12. Warranty and Inspection

The Customer must inspect products upon delivery and report any defects immediately in writing. Mobitron warrants its products against material and workmanship defects for two (2) years from delivery, excluding damage from misuse or external factors.

Defective items must be returned with a completed complaint form after prior agreement. If no fault is found, return shipping and inspection costs are charged to the Customer. Repaired or replaced parts carry the same warranty as the original. All other warranties are expressly disclaimed.

13. Indemnity

The Customer agrees to indemnify Mobitron against third-party claims arising from misuse, negligence, resale, or handling of products—except where claims result from Mobitron’s breach of express warranty. This includes liability for personal injury, property damage, and legal costs.

14. Limitation of Liability

Mobitron’s liability is limited to the purchase price of the product claimed to be defective. Mobitron is not liable for indirect, incidental, or consequential damages—including data loss, third-party claims, or loss of profit—except where required by law or in cases of proven negligence causing personal injury or property damage. Installation costs, network issues, and damage caused by misuse or external factors are not covered. Customers must ensure that similar limitations apply throughout their supply chain.

15. Intellectual Property

Software provided with Mobitron products is licensed for use during the active subscription period only. The license is non-exclusive and limited to the intended purpose. No rights to source code, patents, trademarks, or other intellectual property are transferred.

16. Force Majeure

Mobitron is not liable for delays or non-performance caused by events beyond its control, including but not limited to natural disasters, war, strikes, supplier delays, or regulatory actions. In such cases, Mobitron may cancel or postpone deliveries without compensation.

17. Assignment

Mobitron may assign its rights and obligations under these terms to a third party. The Customer may not assign its rights without Mobitron’s prior written consent.

18. Governing Law

These conditions and any related disputes shall be governed by Swedish law, with Jönköping District Court as the legal venue.

19. Survival

Sections on confidentiality, indemnity, limitation of liability, and survival remain valid even after termination of the agreement.

20. Entire Agreement

Unless otherwise agreed in writing, these terms—together with Mobitron’s order confirmation—constitute the full and exclusive agreement between Mobitron and the Customer. Additional terms may apply for specific services such as Mobitron-as-a-Service.