6.1 AXODEL undertakes to dedicate a reasonable amount of care to the performance of its services. AXODEL is subject to a best-efforts obligation for its services.
6.2 AXODEL is not liable for any indirect damage such as lost profits or losses emanating from or resulting from this contract, or damage to persons or property separate from the purpose of the contract.
Should a verdict be reached against the Provider in a legal dispute, for any reason whatsoever, the actual sentence imposed may not exceed the amount paid by the insurance for third-party liability.
6.3 Waiver of AXODEL’s contractual liability
The Customer cannot come to AXODEL seeking responsibility should the procedure and/or the immobilisation procedure for the vehicle fail, if the location failure is not due to a malfunction of the platform that receives and processes the data transmitted, and in particular in the following cases:
- When the Customer’s vehicle is in a geographical area that is not covered by f AXODEL’s telecommunications partners’ GSM networks;
- When the vehicle is in a location that does not allow satellite signal reception or the reception of GSM and/or GPS waves, in particular, underground car parks, closed metal environments or material impervious to radio waves, etc.;
- Interruption or suspension of a GSM and/or GPS network, or difficulty connecting to a satellite;
- Presence of a strong electric field or a wave jamming system near the vehicle;
- Destruction of equipment following an accident involving the vehicle;
- Abnormal material degradation due to abnormal use by the Customer’s staff or partners;
- Neutralisation of the system due to vandalism.
AXODEL will in no way be held liable for any interruption of service resulting from decisions made by public authorities or directly or indirectly resulting from malfunctions related to communication networks that are independent of AXODEL but on which the performance of services depends or resulting from unpredictable events or force majeure.
In all cases, AXODEL’s liability will not be incurred for any customers whose regular payment of royalties or monthly instalments is not up to date on the date of the event constituting the basis of its claim or its action.
AXODEL agrees to take all measures necessary to ensure the provision of the software platform in the best possible conditions. However, the Provider cannot vouch for the reliability and/or operation of the telecommunications systems used. The Customer therefore relieves the Provider of any liability related to any consequences that may result from the use of such telecommunications methods.
The Provider’s liability cannot be incurred in the case of a technical failure rendering the service unavailable.
Moreover, AXODEL’s liability will be mitigated, excluded, or limited in the following cases:
Given the nature of the best-efforts obligation, AXODEL’s liability cannot be incurred by the Customer for direct damages not caused by AXODEL’s failure to provide its own services.
For the same reason, AXODEL shall in no circumstances be held liable for any consequential damage suffered by the Customer in the event of the theft of their vehicle, particularly with regard to losses or damages of a commercial nature, whatever they may be.
In addition, AXODEL’s liability cannot be incurred in the case of force majeure, in particular in the following situations, although this list is not exhaustive:
- Any damage resulting from malfunctions caused by the manner in which the Client used the product,
- Interruption of EDF’s services, the lack of coverage by operators’ GSM networks or delivery times of messages to equipped vehicle(s),
6.4 Il est convenu entre les parties, should AXODEL’s liability be incurred, the potential compensation that the Customer could receive shall not exceed, for all the damage suffered, an amount equal to the amounts the Customer actually paid AXODEL during the three months preceding the injurious event.