Terms & Conditions
The use of the Cards issued by Fuel Card Services Limited and the purchase of Products is governed by and shall be subject to the Conditions to the exclusion of any terms which the Account Holder purports to apply. Without limitation, signing for and/or accepting the Cards and purchasing Products with the Cards shall signify acceptance of the Conditions
1. INTERPRETATION
In these Conditions the following words shall have the following meanings:
"Account Holder" means the person or company in whose name an account with Fuel Card Services is maintained and who is invoiced for the Products;
"Fuel Card Services" means Fuel Card Services Limited, its successors and assigns;
"Site" means an authorised site from which Products are available
"Network" means the network of bunkering Sites through which Fuel Card Services Limited works.
"Card" means the Fuel Card Services Limited Fuel Card and other cards issued by Fuel Card Services Limited to the Card Holder for the purpose of drawing Products from the Network;
"Card Holder" means any person who is authorised to hold and/or use a Card by the Account Holder including without limit, employees, subcontractors or any other person acting on behalf of the Account Holder;
"Credit Limit" means the maximum amount expressed in monetary terms which Fuel Card Services Limited may from time to time specify to an Account Holder as being the limit of purchases of Products on credit that may from time to time be made with any Card;
"Products" means stocks of diesel fuel, petrol, lubricant or gas oil available in some or all of the Network;
"Bunkering Stock" means the stock of Products maintained in the Network by the Account Holder; and.
"Price" means the price payable by the Account Holder for Products from time to time which will vary on a monthly/weekly basis or on any other basis Fuel Card Services Limited sets as a result of market conditions and if agreed with Fuel Card Services Limited details of such variations will be notified to the account Holder at such intervals.
2. APPLICATIONS AND SUPPLY OF PRODUCT
2.1 All applications by an Account Holder for the issue of Cards shall be accepted at the absolute discretion of Fuel Card Services Limited.
2.2 All requests for Products using a Card shall be deemed to be an offer and shall be accepted at the absolute discretion of Fuel Card Services Limited
2.3 Title to the Products (both legal and equitable) shall remain with Fuel Card Services Limited until full payment with cleared funds of all monies due from the Account Holder to Fuel Card Services Limited under all contracts between them has been made.
2.4 Risk of damage to or loss of the Products including without limit any Bunkering Stock shall pass to the Account Holder upon them leaving any dispensing unit at any Site.
2.5 Details of sites which are part of the Network (and Products which are available) can be obtained from Fuel Card Services Limited (or at www.Fuel Card Services Limited-fuels.co.uk). The location of such sites may vary from time to time and the Account Holder is advised to review such details regularly while Fuel Card Services Limited will endeavour to supply the required Products and ensure that the list of Sites is accurate no warranty can be given that any or all of the Products are available at any particular Site and no liability is accepted in relation thereto.
2.6 The Account Holder shall and shall procure that the Card Holders shall comply with any terms which apply in relation to the Sites including without limit access and Product dispensing requirements.
3. PRICE
3.1 Fuel Card Services Limited may charge a fee to the Account Holder for issue of any Card either on setting up of the account or upon replacement or renewal of the Card. Details of such fees are available from Fuel Card Services Limited on request.
3.2 All diesel fuel is chargeable at the Diesel Price. Fuel Card Services Limited reserves the right to vary rebates, discounts, allowances, premiums or surcharges at any time details of which are available from Fuel Card Services Limited on request.
3.3 All Products save for diesel fuel will be charged at a price available on request from Fuel Card Services Limited.
3.4 All prices quoted are exclusive of all government or other taxes, duties, levies charges, surcharges, assessments or impositions where applicable which shall be payable by the Account Holder in addition to the price at the appropriate rate (as varied from time to time) when payments are due.
4. PAYMENT TERMS
4.1 Fuel Card Services Limited or it's agent will send the Account Holder a statement of charges and invoice for the Products drawn by the Card Holders on a twice monthly basis or any alternative basis as may be agreed between Fuel Card Services Limited and the Account Holder from time to time.
4.2 Payment of all invoices shall be made by direct debit on the account of the Account Holder within 14 days of the date of the relevant invoice(s) - or as may otherwise be agreed between Fuel Card Services Limited and the Account Holder from time to time. In order to comply with the direct debit requirement the Account Holder shall at all times:
4.2.1 Maintain a bank account capable of accepting direct debit;
4.2.2 Keep Fuel Card Services Limited provided with an effective direct debiting mandate against such account;
4.2.3 Ensure that every direct debit properly instanced by Fuel Card Services Limited against such account is duly met failing which Fuel Card Services Limited shall be entitled to exercise its rights under Condition 5.2 and/or 5.3.
4.3 Fuel Card Services Limited reserves the right to charge the Account Holder interest on overdue amounts (before as well as after judgement) at the annual rate of 5% above the base rate of National Westminster Bank plc., payable from the due date until the date full payment has been received. Fuel Card Services Limited reserves the right to claim interest under the Late Payment of Commercial Debt (Interest) Act 1998.
4.4 Time of payment by the Account Holder of invoices is of the essence. The Account Holder shall indemnify Fuel Card Services Limited against all expenses and legal costs incurred by Fuel Card Services Limited in recovering overdue amounts.
5. TERMINATION
5.1 Upon the insolvency of the Account Holder (including without limit compulsory or voluntary liquidation, having a receiver or administrator or administrative receiver appointed over all or part of it's property or business, or being unable to pay its debts as they fall due) or if the Account Holder is in breach of any of these Conditions then Fuel Card Services Limited shall be entitled to exercise its rights under Condition 5.2;
5.2 Where this Condition is deemed to apply the total outstanding balance on the Account Holders account and all other amounts due from the Account Holder to Fuel Card Services Limited on any account whatsoever shall immediately become due and payable in full and the right to use the Cards shall automatically cease and the Account Holder shall return all Cards to Fuel Card Services Limited within 7 days.
5.3 If the Account Holder has a Bunkering Stock then Fuel Card Services Limited shall be entitled to take all or part of such Bunkering Stock at its then current average buying price in satisfaction of all or part of any overdue amounts or other amounts due from the Account Holder and the Account Holder hereby agrees to pass title to such Bunkering Stock to Fuel Card Services Limited for such purpose.
6 JOINT AND SEVERAL LIABILITY
Where the Account Holder consists of two or more persons then all obligations of such Account Holder shall be joint and several obligations of such persons.
7 USE OF CARDS
7.1 Subject to Condition 5 each Card will be valid for use by the Card Holder up to the Credit Limit up to 18 months from the date of issue or if earlier any noted expiry date provided that Fuel Card Services Limited may cancel a Card at any time without notice or refuse to issue a replacement card.
7.2 Each Card shall remain the property of Fuel Card Services Limited at all times, however all risk of loss for a Card will pass to and be borne by the Account Holder from the date of dispatch of the Card.
7.3 The Account Holder shall ensure that any Card Holder shall not tamper with or try to alter or interfere with the fuel monitoring device or fuel delivery equipment at any Site and the Account Holder shall be responsible for any such actions. In the event there appears to be a defect or fault in such monitoring or fuel delivery equipment the Card Holder shall forthwith report the same to Fuel Card Services Limited or operator of the Site.
7.4 Each Card may only be used by the Card Holder who shall be responsible for the safe keeping of the Card and the prevention of unauthorized use.
7.5 Prior to entering into any transaction in relation to the drawing of Products the Card Holder shall present the Card to the operator of the Site.
7.6 Each Card may only be used to obtain Products at the Sites provided that the Account Holder acknowledges that possession of the Card does not confer any right on the Card Holder to receive Products.
7.7 Cards that identify vehicles are used as a management information tool to be used correctly by Card Holders. Such cards do not provide additional security. The Account Holder shall be liable to pay Fuel Card Services Limited for all amounts due under the relevant card transaction, including where the transaction is in respect of a vehicle other than that identified on the card.
7.8 Mileage & vehicle identity records are for management information, each Card Holder must record the correct details on each transaction. Fuel Card Services Limited will not be responsible for reports if the Card Holder has not recorded the correct details.
8 SECURITY
8.1 A four-digit PIN number may be allocated to each Card. Access to the purchase of Products will be controlled by the use of the PIN number.
8.2 The Account Holder is responsible for the security and proper use of the PIN number and must take all necessary steps to ensure that and shall procure that the Card Holder shall ensure that they are kept confidential, used properly and not disclosed to unauthorized people. PIN numbers should at all times be kept entirely separate from the Card.
8.3 The Account Holder shall and shall procure that the Card Holder shall immediately notify Fuel Card Services Limited by fax at such address as Fuel Card Services Limited may specify from time to time if it or they have any reason to believe that any PIN number has become known to someone not authorised to use it or if any PIN number is being used or is likely to be used in an unauthorized way or if any Card is lost or stolen.
8.4 The Account Holder will remain liable for all transactions made with such lost or stolen Card or any unauthorized use of a PIN number for a period expiring at the end of the second working day after the day on which notification is received in accordance with clauses 8.3 and 9.5.
8.5 Should any Card Holder forget the PIN number then he should contact Fuel Card Services Limited for a new PIN number subject to the satisfaction of certain security checks.
9 LIABILITY OF THE COMPANY
9.1 Fuel Card Services Limited accepts no liability and gives no warranty, express or implied, whether arising by common law or statute in relation to any transaction by or Product supplied to the Account Holder by virtue of entering into this agreement with the Account Holder.
9.2 Fuel Card Services Limited accepts no responsibility and shall not be liable to the Account Holder for a failure (for whatever reason) on the part of an automatic dispensing pump to dispense Products at a Site
9.3 Nothing in these Conditions shall exclude or limit the liability of Fuel Card Services Limited for death or personal injury caused by Fuel Card Services Limited's negligence or fraudulent misrepresentation.
9.4 Fuel Card Services Limited shall not be liable to the Account Holder in contract, tort (including negligence or breach or statutory duty) or otherwise howsoever and whatever the cause thereof in connection with the supply or non supply of any Products or any use or non use of a Card or in connection with any obligations of Fuel Card Services Limited under these conditions for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Account Holder's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever.
9.5 If a card is lost or stolen the Card Holder shall notify the police of the loss or theft and obtain a crime reference number which must be confirmed in writing to Fuel Card Services Limited.
9.6 Any card placed on stop for any reason must be withdrawn from service immediately and returned to Fuel Card Services Limited cut in half. Any card not returned will be subject to a charge of £40.00 per card.
10. RESALE
Except where expressly agreed in writing by Fuel Card Services Limited, Products withdrawn against any Card shall not be used by the Card Holder and/or the Account Holder for any purpose other than for fuel or lubricant (as appropriate) in the Account Holder's own or contracted vehicles and shall not be resold or otherwise disposed of to any other persons.
11. INDEMNITY - HEALTH & SAFETY
11.1 The Account Holder shall fully indemnify Fuel Card Services Limited and keep Fuel Card Services Limited fully indemnified against all liability including employer's liability in respect of any damage to the property of Fuel Card Services Limited or the Card Holder or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the Sites or the Product not being damage to property, death or personal injury caused by the negligence of Fuel Card Services Limited.
11.2 The Account Holder shall draw the attention of any employees and agents or any persons whosoever handling or using the Products on his behalf or having access to them whilst in his possession or to whom he sells them to any instructions warnings or suggestions concerning the methods whereby or the conditions whereupon they should be used or handled contained or referred to in Fuel Card Services Limited's material safety data sheets or other literature relating to the products or upon any label attached to them or the packaging wherein they are contained and ensure compliance by any person using or handling them with the instructions, warnings or suggestions mentioned or referred to in this clause.
11.3 The Account Holder shall indemnify Fuel Card Services Limited in respect of any loss or liability whatsoever suffered or incurred by the Company by reason or any breach by the Account Holder and/or Card Holder of the foregoing, or by reason of any failure by the Card Holder himself to comply with the warnings, suggestions or instructions referred to in the foregoing.
12 FORCE MAJEURE
12.1 Any obligation of Fuel Card Services Limited to supply Products to the Account Holder shall be suspended and Fuel Card Services Limited shall be relieved of its obligations and liabilities to supply any Products in the event of any direct or indirect cause or circumstances whatsoever reasonably outside Fuel Card Services Limited's control including without limit the non-movement of Products due to public blockades, industrial action or trade dispute (including by and with Fuel Card Services Limited's own employees) Government intervention or restriction, acts of God, import or export regulations, war, riots, power failure, fire, flood and any event which hinders or prevents Fuel Card Services Limited from obtaining Products from its usual sources of supply.
12.2 On the occurrence of any of the circumstances mentioned in Condition 12.1 above Fuel Card Services Limited shall determine (and may from time to time re-determine) the extent (if any) to which supplies to the Account Holder are to be maintained whilst such circumstances continue, having regard to its ability to obtain, process and to deliver supplies, the costs of doing so, the requirements of all its customers local needs and any other consideration it considers relevant.
12.3 As soon as practicable after the circumstances mentioned in Condition 12.1 above cease Fuel Card Services Limited shall inform the Account Holder of the resumption of supplies.
13 GENERAL
13.1 This agreement shall not be assignable in whole or in part by the Account Holder without prior written consent or Fuel Card Services Limited
13.2 The Account Holder shall immediately notify Fuel Card Services Limited of any change to the Account Holder's address.
13.3 The Company may vary or add to the terms of this agreement at any time provided that notice of such variation is served in writing. Any use of the card by the Account Holder or the Card Holder after such notice has been served on the Account Holder shall be construed as acceptance by the Account Holder of such variation or addition.
13.4 Unless Fuel Card Services Limited expressly states otherwise in connection with any particular promotions, the Card does not entitle the Card Holder to participate in any of Fuel Card Services Limited's special offers that may be available from time to time.
13.5 The Account Holder gives permission to Fuel Card Services Limited to carry out enquiries with respect to opening an account. This may include without limit the searching of the Account Holder's records at one or more credit reference agencies. Such search details will be added to your record and may be seen by other organizations that make searches.
13.6 Details of this agreement and the conduct of your account will be registered with a licensed credit reference agency. Information thus registered may be used to help make credit decisions, or occasionally, for fraud prevention or the tracking of debtors.
13.7 Fuel Card Services Limited may contact the Account Holder about services or products, ordered by Fuel Card Services Limited or by other companies approved by Fuel Card Services Limited, which Fuel Card Services Limited believes the Account Holder may be interested in. Fuel Card Services Limited may also contact the Account Holder to carry out market research about Fuel Card Services Limited's services or products or those third parties.
13.8 The Account Holder acknowledges that: 13.8.1 it has a right at any time to stop Fuel Card Services Limited from contacting it or giving its details to others for marketing purposes 13.8.2 it is entitled to have details of those credit reference agencies and fraud prevention from whom Fuel Card Services Limited obtain and to who Fuel Card Services Limited pass information about the Account Holder. The Account Holder has a legal right to these details and a right to receive a copy of the information held by Fuel Card Services Limited about it, by applying to Fuel Card Services Limited in writing. A fee may be payable.
This agreement is governed by the Law of England and the parties submit to the exclusive jurisdiction of the English Courts.
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