Dispute of Warranty Denial – Quarterly Testing Obligation, App Functionality, & Lack of Recovery Assistance

I am writing in response to your email dated 17 January 2025 (10:18 am), in which it is stated that my claim for the Limited Recovery Warranty has been rejected due to my failure to conduct quarterly testing of the Unit as required by clause 10.1.3.4 of the Service Agreement.

I respectfully dispute this decision for the following reasons:

Unclear Testing Requirement: The Service Agreement does not adequately clarify whether I, as the client, am solely responsible for initiating contact with Cartrack every calendar quarter for the purpose of testing the Unit. The agreement states that Cartrack may perform “system-generated or courtesy testing,” and I re**** on these periodic tests to ensure the proper functioning of the Unit. It is unclear from the agreement whether these tests should be sufficient to meet the quarterly obligation, or if I am required to contact Cartrack explicitly every quarter.

Failure to Notify of Faults: I was not notified by Cartrack of any faults with the Unit, nor was I provided with a clear indication that the system was malfunctioning. I took all reasonable steps to ensure that the Unit was functioning as expected. The app, which I regularly monitored, was working perfectly fine and showed no indication of any issues. Based on this, I had no reason to believe the Unit was faulty or needed any further testing. If there was a fault, I would have expected Cartrack to notify me as per the terms of the agreement, but no such communication was made.

Failure to Provide Assistance with Vehicle Recovery: In addition to the above, I must highlight that to date, my vehicle has not been recovered. Despite my reliance on Cartrack’s services and the functioning of the app, the recovery process has not been initiated. This failure to fulfill your obligations under the Service Agreement has caused me significant distress and inconvenience. I am now left in a situation where my vehicle has not been recovered, and I have not received the service I was promised when I signed the agreement.

Reasonable Expectations and Burden: It seems unreasonable and unfair to place the burden of contacting Cartrack every quarter solely on my shoulders, especially if system-generated tests were being conducted and I was not notified of any failure. As a customer, I re**** on Cartrack’s monitoring and proactive service to ensure the unit was functioning properly. Given that the app showed no signs of malfunction, I did not feel the need to take any additional action.

Lack of Communication: Had I been informed by Cartrack of any fault or failure with the system, I would have made the necessary arrangements for inspection within the required time frame. However, without proper notification, I was unaware that there was any issue with the Unit.

Given the above points, I believe that Cartrack has failed to meet its obligations both in terms of the quarterly testing requirement and, more critically, in assisting me with the recovery of my vehicle. I have acted in good faith, but I am left without a functioning recovery system and no clarity on the next steps.

In light of these issues, I respectfully request that you reconsider the rejection of my Limited Recovery Warranty claim and provide a clear, actionable plan for the recovery of my vehicle. I expect a prompt response and resolution of both my warranty claim and the recovery process.

Yours sincerely, Sibonelo Mkhize