Republic of South Africa

Terms and Conditions

Terms and conditions applicable for use of Telematics Device including embedded software (‘Telematics System’).

The Customer acknowledges that the services provided by Telematics System are for a limited purpose and on an “as is” and “where is” basis and that: The Telematics System is dependent on:- i. The telephone device, the mobile application services, and related services provided by the network service provider chosen by you (‘Customer’) at the risk and cost of the Customer. ii. The authorized use and purpose only and in compliance with the applicable law; and iii. Collection and use of Customer and machine data (‘data’) for authorized purpose. Operation of the Telematics System is subject to factors beyond the control of John Deere including but not limited to equipment failure, deficiency in the network coverage and topographical conditions, and the Customer acknowledges that the effectiveness of the Telematics System depends on a great extent upon how Customer uses it. It is Customer’s responsibility to ensure that it uses the Telematics System in accordance with the instructions manual supplied by John Deere. Service failures and interruptions may occur based on the location, reliability of the network service provider, features, and capability of the telephone device, network services availed and available or any other reasons owing to known or unknown factors. To the extent permitted under applicable law, no conditions, warranties, or representations (whether express or implied) are made by John Deere with respect to the Telematics System and related services in any manner whatsoever (including but not limited to warranties or representations made as to the state, condition, or fitness for purpose of the system and related services). The Purchaser agrees that he takes the Telematics system and related services on an “as is/where is” basis with all faults and defects (whether patent or latent) and accepts all risks of whatsoever nature in the system and related services. To the extent permitted under applicable law, John Deere, its employees, representatives, or agents shall not be liable in any manner for any direct, indirect, incidental, or consequential loss or damages of any kind or nature whether arising from negligence of John Deere, its employees, representatives or agents, suffered by the Customer or a third party as a result of use of the Telematics System. The Customer unconditionally consents for the processing, disclosure, and sharing of equipment and customer data information to John Deere, its dealers and any third party as required for the purpose of providing the services, account administration, performance review as it may be otherwise deemed necessary for providing the telematics services in terms of contractual and legal obligations. To the extent permitted under applicable law, the Customer agrees to defend, indemnify in full and hold harmless John Deere, its affiliates and third-party supplier, and their officers, directors, employees, agents, and representatives from and against all claims, demands proceedings, injuries, liabilities, losses, or costs and expenses (including reasonable legal fees) arising from or in connection with the use of the Telematics System. Applicable law and jurisdiction: These Terms and Conditions shall be subject to, construed and interpreted, by in accordance with the Laws of the Republic of South Africa. The Customer and Telematics irrevocably agree that, subject as provided below, the North Gauteng High of South Africa shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter, existence, negotiation, validity, termination, or enforceability (including non-contractual disputes or claims). Severability: In the event that a provision of this Terms and Conditions is or becomes invalid or unenforceable under the applicable law, such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions. The parties acting in good faith shall agree upon the amendment of such invalid or unenforceable provision in order to achieve a similar economic effect to that of such provision, acceptable to the parties. John Deere reserves the right, at its sole discretion, to amend, modify or replace these Terms and Conditions at any time. If a revision is material, we try to provide at least 30 days prior notice to any new terms and conditions taking effect. What constitutes a material change is determined at John Deere’s sole discretion.

Customer Name & Address: ..............	Dealer Name and Address: ..............
Model Number:
Tractor Serial Number:
Installation Date:
Tractor Engine Hours:
I certify that the machine was delivered to me in a satisfactory condition. I received instructions as to its proper operation and maintenance, & the warranty & conditions were drawn to my attention and understood by me.

Signature Customer: ..............

Date: ..............