The voluntary warranty in clause 1.41 does not apply if

We do not provide any warranties in respect of Fleet Complete devices or accessories or add-ons (or any other equipment) that you purchase from a third party. You should check with the third party directly for the terms and conditions of any warranty offered by them in respect of Fleet Complete devices or accessories or other equipment purchased from them.

The benefits conferred by the express voluntary warranty are in addition to other rights that are available to you under Australian consumer protection laws which cannot be excluded. Except as expressly set out in these terms and conditions and subject to other non-excludable rights under Australian consumer protection laws in relation to our express voluntary warranty:

1. we exclude all representations, conditions and warranties (whether express or implied) relating to the Fleet Complete Solution;

2. neither we nor Fleet Complete will be liable in contract, tort or otherwise for any indirect loss or damage (including any consequential loss or loss of profits) suffered or incurred by you arising out of or in connection with your use of the Fleet Complete Solution; and

3. our liability to you for all claims for damages in connection with your Fleet Complete Solution will be limited (where it is fair and reasonable for us to do so) to whichever is the greater (in value) of:

   1. the total amount paid by you to us in connection with your Fleet Complete Software licence(s) in the three months prior to your claim; or

   2. for replacing the Fleet Complete Hardware, or the repair of the Fleet Complete Hardware.

The exclusions and limitations set out in clause 1.44 are subject to any:

1. terms, conditions or warranties that are implied by law; or

2. rights or remedies provided by law,

that cannot be excluded, limited or modified.

34. The Sendum Asset Monitoring Solution

    1. The Sendum Asset Monitoring Solution (“Sendum Solution”) uses the Telstra Mobile Network to provide a near real time multi-sensor solution that enables you to monitor the in-transit conditions of your packages or assets. It provides information on the location and condition of your packages or assets (e.g. temperature, vibration, humidity and light) to an online portal by which you can view this data. Customisable triggers and alarms can be preset or changed while your packages or assets are in-transit so that action may be taken before your packages or assets are damaged or permanently lost for example.

    2. The functionality available to you via a Sendum Solution depends on the options selected by you (as described in sections 33.3, 33.4 and 33.6).

3. To take up the Sendum Solution, you will need:

   1. one of the following:

      1. the Sendum Asset Tracker PT300D (“Sendum Device”) set out in the table in section 33.6; or

      2. the Sendum Device together with an accessory pack (“Sendum Accessory Pack Kit”) set out in the table in section 34.6 and

   2. Findum application software licence (“Findum Software”).

4. If you purchase the Sendum Device, you may also choose to purchase an optional range of accessories set out in the table in section 33.6.

5. The Sendum Device and optional range of accessories are the “Sendum Hardware”.

6. For the purposes of section 33.5 above, Sendum Hardware includes: