Policies & Agreements

1. Orders and Acceptance

To place an order for Hardware directly from Motive, you must enter into an Order Form. Motive may also require additional qualifying information prior to accepting or processing any order. 

Your delivery and Motive’s receipt of your Order Form does not constitute acceptance by Motive, and an order is not considered accepted until Motive accepts the Order Form. Motive reserves the right at any time after receiving your order, but before shipping the requested Hardware, to accept or decline your order for any reason. If Motive cancels an order after you have already been billed, Motive will refund the billed amount.

2. Delivery, Title and Risk of Loss

Title and risk of loss to Hardware will transfer from Motive or its Affiliate to Customer pursuant to the Shipping Table below. Any delivery dates or times provided by Motive (or a delivery agent) are estimates and not guaranteed, unless otherwise agreed to when Motive accepts your Order Form. Motive shall not be liable for any late or delayed delivery of your Hardware.

Shipping table:

Ship-To	Order Placed On	Transfer of Title	Transfer of Risk of Loss
United States and Canada	Motive Technologies, Inc.	First Carrier	First Carrier
Mexico	Motive Technologies MX, S. de R.L. de C.V.	Post Arrival and Import Into Mexico	Post Arrival and Import Into Mexico
UK/EU	Motive Technology UK Limited	First Carrier	First Carrier

3. Refund and Return Policy for Hardware Sales

On a case-by-case basis, Motive reserves the right to authorize, but Customer does not have a right to, a full refund of any Hardware purchase made where a refund is requested within seven (7) days of the date on which the Customer receives the Hardware. In such cases where a refund is approved, Customer will return the Hardware to Motive. Customer is responsible for shipping and insurance charges and any damage to the Hardware which takes place en route to Motive. Motive reserves the right to charge a restocking fee for any such returns.

In order to return your Hardware for a refund, you must, at your own expense, package and return the Hardware in its original box and packaging, and the Hardware must be returned in its original condition.

4. Hardware Not for Resale

The Hardware may not be purchased for resale purposes by Customer unless Customer is a legal and authorized reseller of Motive products or otherwise with Motive written approval.

5. Limited Hardware Warranty

5.1 Limited Warranty

Motive warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of the applicable Warranty Period (as defined in Section 9.4). Motive expressly disclaims any warranty of merchantability, quality, fitness of a particular purpose, or correspondence with any description or sample.  The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Hardware Terms. 

If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, Motive will, at its discretion, (i) repair or replace any defective Hardware or component or (ii) if the Hardware is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.

Repair or replacement may be made with a new or refurbished product or component at Motive’s discretion. Any Hardware that has been repaired or replaced under the terms of this Limited Hardware Warranty will be covered by the terms of this Limited Hardware Warranty for the remainder of the Warranty Period, if any.

This Limited Hardware Warranty will only apply to the actual purchaser and end user of the Hardware, and this Limited Hardware Warranty is not available for products that were purchased used or from any source other than Motive or an authorized reseller or retailer.

5.2 Hardware Upgrades

In the event that Customer is entitled to a replacement under the terms of this Limited Hardware Warranty and either (i) Motive replaces the Hardware with upgraded Hardware or (ii) Customer requests that Motive replace the Hardware with upgraded Hardware, and Motive fulfills such request, Motive may charge an additional fee for the upgraded Hardware based on the upgraded Hardware’s purchase price and, upon Customer’s return of the old units, provide Customer with a rebate equal to the purchase price of the old units, less reasonable depreciation based on actual use, in the form of a credit on its account or otherwise.

6. Warranty Claim Procedure

6.1  How to Make a Claim

In order to make a claim under this Limited Hardware Warranty, Customer must report any defect to Motive by email at support@gomotive.com or by phone at +44 8000 556684. Upon receipt of such report, Motive shall run a remote diagnostic test of the Hardware, if applicable, to determine if there is a defect. Upon determining that there is a defect, Motive shall, within fifteen (15) days, send a replacement unit of Hardware to Customer, at Motive’s expense. Upon the determination that there is a defect, Motive will give the Customer a Return Merchant Authorization (“RMA”) number and a return packing label.

Customer shall be required to package and return the defective Hardware to Motive. Customer must contact Motive and receive an RMA number to be eligible for any replacement or repair under this Limited Hardware Warranty. Title to defective Hardware shall pass to Motive upon receipt by Customer of the replacement Hardware. Risk of loss for the replacement Hardware shall pass to Customer upon shipment of such replacement Hardware to Customer.

6.2 Unreturned, Voided Warranty, or Defaced Devices

If Customer has (a) not returned Hardware for which a warranty claim has been made in accordance with the requirements of the Limited Hardware Warranty within thirty (30) days of receipt of replacement Hardware, or (b) has returned such Hardware in a condition that voids the Limited Hardware Warranty, Motive shall have the right to charge Customer the Replacement Fee for the Hardware that was repaired or replaced. If Customer returns any Hardware in a defaced manner, for example, with writing on the Hardware or with the serial number removed or scratched off, unless otherwise approved by Motive, Motive may charge Customer the Restoration Fee.

6.3 Data on Returned Devices

Upon return of any Hardware, Motive may delete all data stored on the Hardware, and Motive is not responsible for any loss of data on returned Hardware.

7. Limitations

7.1 Limitations on Warranty

This Limited Hardware Warranty is null and void in the event that Hardware has been (a) altered or modified, (b) used in a way that does not substantially conform with instruction manuals, user guides, and other information provided by Motive, posted to its website, or set forth in the Terms of Service (“TOS”), (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of Motive’s control, (d) installed or de-installed without following Motive’s written instructions, (e) used with the Services not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, (g) used with accessories and/or devices which are not expressly approved by Motive, or (h) used with incorrect or unauthorized Cables. 

The Parties acknowledge that the AI Omnicam is positioned outside of the vehicle and may become damaged in collisions with other vehicles, by items while the vehicle is in motion or items while the vehicle is not in motion.  Motive does not warrant and is not responsible for damaged AI Omnicams arising from improper installation which is not completed by a Motive Installer or collision damage described above. Notwithstanding the foregoing, Replacement Hardware may be provided to Customer in the above mentioned situations with the Replacement Fee assessed.

7.2 Exclusions

The Limited Hardware Warranty does not cover (i) cosmetic damage, including, but not limited to scratches, dents and broken plastic on ports, (ii) damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (iii) Internet connectivity with the Hardware, (iv) interruptions in electric power, (v) consumable parts, including batteries, (iv) sim cards, or (vii) SD cards or memory cards, or (viii) damage caused during shipment (due to Customer’s improper packaging) from Customer to Motive in the case of Hardware returns for repair.

8. Cable Sets

a. Motive Replacement

If Motive provides Customer with the wrong set of Cables due to no fault of Customer, Customer may, within thirty (30) days of receipt of the Cables, request a replacement set of Cables. Motive will, within fifteen (15) days of Customer’s request, send a replacement set of Cables. Customer must package and return the original Cables within thirty (30) days of Customer’s request. If the original Cables are (a) not returned within thirty (30) days or (b) show evidence of use, Motive will have the right to charge Customer a Replacement Fee.

b. Customer Replacement

If Customer orders replacement Cables for any other reason, Customer may return original Cables that are in new or like-new condition for a credit equal to the current retail price for the original Cables.

9. Definitions

9.1

“Hardware” means the Motive devices listed below (to the extent such Hardware is made available in your territory):

1. Motive’s electronic asset tracking device (“Asset Gateway”);
2. Motive’s vehicle gateway hardware (which, when coupled with the Software, may functions as an electronic logging device (ELD)) (“Vehicle Gateway”);
3. Motive’s smart road-facing dashboard camera (“Road-Facing Smart Dashcam);
4. Motive’s smart dual-facing dashboard camera (“Dual-Facing Smart Dashcam”); 
5. Motive’s AI road-facing dashboard camera (AI Road-Facing Dashcam”);.
6. Motive’s AI dual-facing dashboard camera (AI Dual-Facing Dashcam”);
7. Motive’s 360 degrees outside camera (“AI Omnicam”);
8. Motive’s temperature and humidity sensors (“Environmental Sensor”);
9. Motive mini asset tracking device (“Asset Gateway Mini” or “AG Mini”);
10. Motive’s engine immobilizer device (“Engine Immobilizer”);
11. Motive’s RFID reader device (“RFID Reader”); and
12. The cable sets delivered with all above listed hardware units and Thermo King cable (“Cables”).

9.2

“Restoration Fee” means USD $25 with respect to any unit of Hardware, as Motive may update the amount from time to time.

9.3

“Replacement Fee” means (all amounts are in US Dollars):

• $450 with respect to an AI Dual-facing Dashcam,
• $150 with respect to a Vehicle Gateway, 
• $300 with respect to an Asset Gateway, 
• $250 with respect to an Road-facing Smart Dashcam, 
• $350 with respect to a Dual-facing Smart Dashcam, 
• $350 with respect to an AI Road-facing Dashcam, 
• $450 with respect to an AI Dual-facing Dashcam, 
• $99 with respect to an Environmental Sensor, 
• $499 with respect to an AI Omnicam, 
• $150 with respect to an AG Mini,
• $99 with respect to Engine Immobilizer,
• $199 with respect to RFID Reader, 
• $50 with respect to Cables, (except for the Thermo King cable, which is $99) and
• $100 AI Omnicam Mirror Mounts.

9.4

“Warranty Period” means, unless otherwise specifically provided herein or an applicable Order Form, five (5)  years following the Warranty Period Start Date. All Cables and Mounts have a Warranty Period of One (1) Year.

9.5

“Warranty Period Start Date” means either the date of dispatch from Motive or authorized reseller to Customer. In the event that Customer receives the Hardware as part of a free trial, the Warranty Period Start Date will be the date of dispatch of the Hardware from Motive.