UNWANTED CAR POLICY WORDING
Underwritten by Guardrisk Insurance Company Ltd, an Authorised Financial Services Provider,
FSP license number 75. Tracker Agility Pty Ltd is an Authorised Financial Services Provider, FSP
license number 42862. Tracker Connect (Pty) Ltd is a Juristic Representative of Tracker Agility (Pty)
Limited.
1. GENERAL OPERATIVE CLAUSE
In consideration of and conditional upon the prior payment of the Premium by You or on Your behalf
and receipt thereof by or on behalf of the Insurer (hereinafter referred to as We/Us/Our), We agree
subject to the terms, exceptions, conditions and limits of liability to indemnify or compensate You by
payment as herein provided in respect of a Defined Event occurring within the Territorial Limits during
the Period of Insurance.
2. DEFINED EVENT
Theft or hi-jacking and subsequent recovery of the Covered Vehicle
3. INDEMNITY CLAUSE
Consequent upon the Defined Event We will pay to You the difference between the Actual Trade in
Value received by You and the Retail Value, should you sell the Covered Vehicle within three months
of its recovery and return to You provided that;
3.1 The amount payable shall not exceed the difference between the Trade in Value and the
Retail Value
3.2 The maximum amount payable is limited to the amount stated in the Limits of Indemnity.
4. DEFINITIONS
Covered Vehicle is defined as any motor vehicle as stated in the Policy Schedule.
Insurance Contract is defined as the policy document issued by Tracker Agility, or their appointed
agents, on Our behalf to You.
Insured is defined as the natural or corporate/juristic person identified on the application hereinafter
referred to as You/Your.
Actual Trade in Value is defined as the actual price You receive from the sale of the Covered
Vehicle.
Trade in Value is defined as the Trade value stated in the Mead & McGrouther
Retail Value is defined as the Retail value stated in Mead & McGrouther
Period of Cover is defined as the period for which the Premium is paid.
Police Case Number is defined as the number referencing the criminal case being investigated by
the South African Police Service.
Police Reference Number is defined as the reference number provided by the South African Police
Service when a criminal case is reported.
Premium shall mean the fee payable by You monthly or annually in advance for this
insurance.
Territorial Limits is defined as the geographical territory of the Republic of South Africa as set out in
the Constitution of the Republic of South Africa Act 200 of 1993, or any amendment or substitution of
that Act.
Tracker Agility is defined as Tracker Agility Pty Ltd, Registration number 2010/012930/07, of
Stonemill Office Park, 340 Republic Road, Darrenwood, 2194.
Whenever, in terms of this Policy, notice is required to be given to Us as the Insurer, You are required
to give such notice to Tracker Agility at Telephone 0860 60 50 40.
5. LIMITS OF INDEMNITY
The limit of Our indemnity in respect of any one Defined Event shall not exceed the amounts stated
below dependent upon the Option selected by You.
UNWANTED CAR COVER
Option 1
Subject in all respects to the terms of this Policy the
indemnity or compensation in terms of this Option shall be by
payment of the difference between the Retail Value and
Actual Trade in Value) of the Covered Vehicle as at the date
of sale but not exceeding the amount stated under Limit of
Indemnity for this Option.
Option 2
Subject in all respects to the terms of this Policy the
indemnity or compensation in terms of this Option shall be,
by payment of the difference between the Retail Value and
the Actual Trade-in Value of the Covered Vehicle as at the
date of sale but not exceeding the amount stated under Limit
of Indemnity for this Option.
Option 3
Subject in all respects to the terms of this Policy the
indemnity or compensation in terms of this Option shall be,
by payment of the difference between the Retail Value and
the Actual Trade-in Value of the Covered Vehicle as at the
date of sale but not exceeding the amount stated under Limit
of Indemnity for this Option.
LIMIT OF INDEMNITY
R25,000
R50,000
R75,000
6. STANDARD SAIA EXCEPTIONS
6.1 This Policy does not cover loss of or damage to property related to or caused by:
i. civil commotion, labour disturbances, riot, strike, lockout or public disorder or any act or activity
which is calculated or indirect to bring about any of the above;
ii. war, invasion, act of foreign enemy, hostilities or warlike operations (whether war
be declared or not) or civil war;
a. mutiny, military rising, military or usurped power, martial law or state of
siege, or any other event or cause which determines the proclamation
or maintenance of martial law or state of siege;
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b. insurrection, rebellion or revolution;
iii. any act (whether on behalf of any organization, body or person or group of
persons) calculated or directed to overthrow or influence any State or
Government or any provincial, local or tribal authority with force or by means of
fear, terrorism or violence;
iv. any act which is calculated or directed to bring about loss or damage in order to
further any political aim, objective or cause, or to bring about any social or
economic change, or in protest against any State or Government or any
provincial, local or tribal authority, or for the purpose of inspiring fear in the public
or any section thereof;
v. any attempt to perform any act referred to in clause iv or v above;
vi. the act of any lawfully established authority in controlling, preventing,
suppressing or in any other way dealing with any occurrence referred to in items
i, ii, iii, iv, v or vi above.
If we allege that, by reason of clause i, ii, iii, iv, v, vi or vii of this exception, loss
or damage is not covered by this Policy, the burden of proving the contrary shall
rest on You.
6.2 This policy does not cover loss or damage caused directly or indirectly by or through or in
consequence of any occurrence for which a fund has been established in terms of the War
Damage Insurance and Compensation Act, 1976 (No. 85 of 1976) or any similar Act operating in
any of the territories to which this Policy applies.
6.3 Notwithstanding any provision of this Policy including any exclusion, extension or other provision
not included herein which would otherwise override an exclusion, this Policy does not insure loss
or damage to property or expense of whatsoever nature directly or indirectly caused by, arising
out of or in connection with any act of terrorism regardless of any other cause or event
contributing concurrently or in any sequence to the loss, damage or expense.
For the purpose of item 6.3 of this Exclusion, an act of terrorism includes, without limitation, the
use of violence or force of threat thereof whether as an act harmful to human life or not, by any
person or group of persons, whether acting alone or on behalf of or in connection with any
organisation or government or any other person or body of persons, committed for political,
religious, personal or ideological reasons or purposes including any act committed with the
intention to influence any government or for the purpose of inspiring fear in the public or any
section thereof. If We allege that, by reason of 6.3 of this Exclusion, loss or damage is not
insured by this Policy, the burden of proving the contrary shall rest on You.
7. NUCLEAR EXCLUSION
This Policy does not insure:
7.1 loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever
resulting or arising there from or any consequential loss;
7.2 any legal liability of whatsoever nature directly or indirectly caused by or contributed to by, or
arising from ionising radiations or contamination by radio-activity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel. For the purpose of this exception only,
combustion shall include any self-sustaining process of nuclear fission.
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7.3 any loss, destruction, damage or legal liability directly or indirectly caused by, or
contributed to by, or arising from nuclear weapons material.
8. CONDITIONS
8.1 Cover Inception and Payment of Claims
i. the cover only takes effect after three consecutive months following the inception
of this policy. During this period, consecutive premium payments must also be
made.
ii. Payment of claim will be made by direct deposit upon submission of proof of
“change of ownership” as per the National Road Traffic Act of 1996.
8.2 Misrepresentation, mis-description and non-disclosure
Misrepresentation, mis-description or non-disclosure in any material particular shall render this
Policy voidable.
8.3 Other Insurance
This Policy shall not be drawn into contribution with such other insurance. The cover in terms of
this policy will be in excess of the amount of any other valid and collectable insurance or surety
ship available to the Insured unless such other insurance or surety ship is written only as specific
excess insurance over the limits of liability provided under this policy, in excess of any other
policy.
8.4 Cancellation
This policy may be cancelled at any time by Our giving 30 days’ notice in writing (or such other
period as may be agreed) or by You giving immediate notice. On cancellation by You, We shall
be entitled to retain the customary short period or minimum premium for the period the Policy has
been in force. On cancellation by Us, You shall be entitled to claim a pro-rata proportion of the
premium for the remainder of the period of insurance from the date of cancellation, subject to
general conditions.
Should You wish to give Us notice, You are required to give such notice to Tracker Agility at
Telephone 0860 60 50 40.
8.5 Monthly Premium Payment
The premium is due in advance and if it is not received by the Administrator by the first day of
every calendar month (the due date) this insurance shall be deemed to have been cancelled at
midnight on the last day of the last month for which a premium has been received. The
Administrator shall not be obliged to accept premium tendered to it after the inception date
provided that premiums due with effect from the second month of the currency of the policy will
be accepted if paid within 15 days of the due date.
8.6 Reporting of Claims:
i. On the happening of any event which may result in a claim under this Policy You shall, at Your
own expense:
a. give notice thereof to Us on Telephone 0860 60 50 40 as soon as
reasonably possible and provide particulars of any other insurance
covering such events as are hereby insured
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b. as soon as practicable after the event submit to Us full
details in writing of any claim
c. as soon as practicable after the event inform the police of any claim
involving theft of property and take all practicable steps to discover the
guilty party and to recover the stolen or lost property.
ii. No claim shall be entertained after the expiry of 3 (three) month or such further
time as We may allow from the happening of any event.
8.7 Time Limit for Sale of the Covered Vehicle
No claim shall be payable in terms of this Policy unless the Covered Vehicle is sold within 3
(three) months of its recovery.
8.8 Our Rights After An Event
i. On the happening of any event in respect of which a claim is or may be made
under this policy, We and every person authorised by Us may, without thereby
incurring any liability and without diminishing Our right to rely upon any
conditions of this Policy take or keep possession of any property and deal with it
in any reasonable manner. This condition shall be evidence of Your leave and
license to do so. You shall not be entitled to abandon any property to Us whether
taken possession of or not.
ii. You shall, at Our expense, do and permit to be done all such things as may be
necessary or reasonably required for the purpose of enforcing any rights to
which We shall be, or would become, subrogated upon Your indemnification
whether such actions shall be required before or after such indemnification.
8.9 Fraud
If any claim under this Policy is in any respect fraudulent or if any fraudulent means or devices
are used by You or anyone acting on Your behalf or with Your knowledge or consent to obtain
any benefit under this Policy or if any event is occasioned by Your willful act or with Your
connivance, the benefit afforded under this Policy in respect of any such claim shall be forfeited.
8.10 Breach of Conditions
The conditions of this Policy hall apply individually to the risk insured and any breach shall render
voidable the section in respect of the risk to which the breach applies.
8.11 Benefits under This Policy
Policy benefits will accrue to You as the registered owner of the Covered Vehicle on the
occurrence of any event which may result in a claim under this policy.
8.12 No Rights To Other Persons
Unless otherwise provided, nothing in this Policy shall give any rights to any person other than
You. Your receipt shall in every case be a full discharge to Us.
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9. GENERAL PROVISIONS
9.1 Meaning of words
The schedules and any endorsements thereto and the Policy wording shall be read together and
any word or expression to which a specific meaning has been given in any part thereof shall bear
such meaning wherever it may appear.
9.2 Misrepresentation, Mis-descriptions and Non-Disclosure
Misrepresentation, mis-description or non-disclosure in any material particular shall render
voidable only the particular item affected by such misrepresentation, mis-description or nondisclosure.
9.3 General Meanings Accorded to General Terms
i.Words importing the singular number shall include the plural number and vice
versa.
ii.Words importing the masculine gender shall include the feminine gender.
iii.Words importing natural persons shall include firms and corporate bodies
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