Terms and conditions of sale applicable to all sales of fuel and other products by Fuelogic Ltd by way of Fuelogic Fuel Card(s) throughout the United Kingdom.
1. Definitions In these Conditions the following definitions shall apply:
‘this agreement’ - The contract constituted by the Application Form duly completed and signed by the Customer incorporating these Conditions of use together with the acceptance in writing by the Company and issue of cards by the Company.
‘Application Form’ – means the Fuelogic Fuel Card Application Form completed and signed by the Customer to which these Conditions are attached and incorporated.
‘the Cardholder’ – The Person to whom and on whose application the Company issues a Fuel Card and includes a servant, agent or other person purporting to represent or to act on behalf of the Cardholder.
‘the Company’ – Fuelogic Ltd and any of its subsidiaries whose registered office is at Ukay House, Threshelfords Business Park, Inworth Road, Feering, Kelvedon, Essex CO5 9SE and its successors and assigns.
‘Conditions’ – The terms and conditions of sale applicable to all sales of Product by the Company by way of Fuel Card(s) throughout the United Kingdom as set out herein and the terms and conditions of the relevant card network provider (a copy of which is available upon request).
‘the Customer’ – The party completing an Application Form whose application has been accepted.
‘Credit Limit’ - the maximum amount expressed in money terms which the Company may from time to time specify to a cardholder as the limit of purchases to be made via a Fuel Card.
‘Delivered Quantity’ – in relation to each Fuel Card the quantity of Product withdrawn thereon and ascertained in accordance with these Conditions.
‘Fuel Card(s)’ – Any card issued by the Company to the Customer to obtain at Service Establishments a range of Product specified by the Customer in its Application Form and agreed to be provided by the Company subject always to these Conditions.
‘Issue’ – Any Fuel Card the original issue by the Company to the Cardholder of any such Fuel Card and any renewal or replacement thereof as the case may be.
‘PIN’ – Personal identification number issued in conjunction with the Fuel Card.
‘Product Price’ – The Company’s wholesale price list as per litre of Product applicable at the date of the use of the Fuel Card together with all taxes applicable thereto at the date of such use less any rebate discount or allowance subject to individual negotiation at the date of issue of the Fuel Card.
‘Product’ – diesel fuel for use in road vehicles (in the UK only), conforming with British Standard BSEN 590), Gas Oil (in the UK only) conforming with British Standard BS2869 class A2,D or petrol lubricants.
‘Site(s)’ or ‘Service Establishment(s)’ – Any service station or other supplier of goods and services from time to time nominated by the Company to supply Product to Cardholders.
2. Applications and Use
(a) All applications for the issue by the Company of Fuel Cards shall be made in writing to the Company and the issue of Fuel Cards will be at the Company’s absolute discretion, the Company reserves the right to seek the opinion of credit reference agencies and to discuss Customer’s financial details with such agencies.
(b) The Company will supply, and the Cardholder will buy Product on each Fuel Card to the extent of its credit limit but subject always to these Conditions and to the exclusion of any other terms and conditions.
(c) Each Fuel Card will be valid for use solely by the Cardholder to the extent of the accounts credit limit or until its expiry date, whichever shall be earlier.
(d) Fuel Cards issued to the Cardholder will be dispatched by the Company to the Cardholders address, all risk of loss passing to and being borne by the Customer and the Cardholder at date of posting.
(e) The Company shall be at liberty at its own discretion to discontinue or suspend the complete or partial withdrawal of Product against any Fuel Card issued to the Cardholder if the Cardholder and or the Customer fails to observe and comply with these Conditions.
(f) The Company reserves the right in its absolute discretion to refuse to re-issue any Fuel Card, or to impose a credit limit or to terminate the right to use the Fuel Card at any time for any reason.
(g) All Fuel Cards including any replacement or additional Fuel Cards will be charged for at the rate prevailing at the time of issue or replacement. The Cardholder must take all reasonable care to prevent fraudulent use, damage or loss of the Fuel Card.
(h) The Company’s employees and agents are not authorized to make any representations concerning the Fuel Cards unless confirmed in writing by the Company and as such the Customer is not entitled to rely on any such representations unless confirmed in writing by the Company and the Company shall not be liabile for any loss or damage howsoever arising suffered by the Customer in reliance of any such representations unless confirmed in writing by the Company.
(i) The Company reserves the right in its absolute discretion without giving notice to the Customer to vary the Sites in any directory of Sites from time to time produced by the Company and also to exclude any one or more of the Sites.
(j) The Customer shall forthwith notify the Company if at any time the Customer suspends cancels or otherwise prohibits use of any Fuel Card for any reason and if such notification is given orally it must be confirmed in writing as soon as is reasonably practicable and in any event within 3 days. Such notification shall include details of the Authorised User’s name and Fuel Card number. In the event that a Fuel Card is cancelled and/or withdrawn from use the Customer will in addition to the above confirm in writing that the Fuel Card in question has been physically destroyed. Failure to confirm such destruction will prevent the cancellation and the Fuel Card in question will remain on stop until the expiry date thereof has been reached. The Customer shall indemnify and keep indemnified the Company against all damages costs expenses and liability of whatsoever nature which the Company shall suffer by reason of the subsequent use of a \fuel Card that the Customer had confirmed as being destroyed. Where any Fuel Card is suspended cancelled or the use is otherwise prohibited this will be confirmed in writing by the Company to the Customer.
(k) The Customer will give to the Company and to any person or persons acting on the Company’s behalf all assistance in the investigation and all available information as to the circumstances of the loss, theft or possible misuse of the Fuel Card, and will take all reasonable steps to assist the Company to recover the Fuel Card. The Customer consents to the disclosure to third parties of such information as is relevant concerning the Cardholder or use of the Fuel Card in connection with such loss, theft or possible misuse of the Fuel Card and the Customer will indemnify the Company against all loss, damage, costs, claims and liability arising from the loss of any Fuel Cards.
(l) The Customer shall as a pre-condition of any transaction at a Site (whether a withdrawal of Fuel or purchase of Other Fuels) ensure that any person using a Card shall produce a valid Card to the operator of the Site prior to the commencement of the proposed transaction.
3. Price
(a) All Product are chargeable at the Product Price. The Company reserves the absolute right to vary such rebate, discount or surcharge at any time.
(b) The rebated price is as shown and charged on all invoices. This rebated Product Price is the price shown as against the wholesale zonal price quoted on all invoices. The difference between the two prices being the rebate.
(c) All prices are subject to all Government or other taxes, duties, levies, charges, surcharges, assessments or impositions where applicable at the appropriate rate and any variations of the same at any time shall be for the Cardholder’s account.
4. Payment and Charges
(a) Payment by the Cardholder shall be made by the due date stated on the relevant invoice.
Should payment not be made by the due date for payment, the Company shall be entitled to demand payment in respect of the whole amount of all invoices due and owing at such date. In the event an account becomes overdue for payment the account will be placed on stop and no further Product drawing permitted. If the Cardholder purchases Product in excess of its agreed credit limit, the Company reserves the right to take payment for the full amount owed on the Cardholder account.
(b) In the event that a due payment shall fail to be made, the Company shall be at liberty at any time at its absolute discretion to charge, and the Cardholder shall pay, the full wholesale zonal price (as indicated at the time) and not the rebated price as previously charged.
(c) The Company reserves the right to charge interest on a daily basis on any late and or unpaid invoices at the rate of 4% above the base rate of The Bank Of England from time to time. The Company also reserves the right to charge a reasonable fee on each occasion that a cheque is returned unpaid or upon the failure of a direct debit or standing order payment. The Company also reserves its right to cover its costs and expenses (including legal fees and court fees) if an unpaid invoice is referred to a debt collection agency or solicitor for recovery.
(d) The whole outstanding balance of the account will become immediately due and payable if the Cardholder fails to meet the due payment or commits any act of bankruptcy, or has a receiver, a receiver and manager or an administrative receiver appointed to its business or is the subject of a bankruptcy petition or a petition for an administration order or resolves to go into voluntary liquidation or to the extent permitted by law on the death of the Cardholder, or at The Company’s discretion if there is any breach of these Conditions by the Cardholder.
(e) The Cardholder shall be liable for a charge of £30 plus VAT for each unpaid or rejected direct debit payment or for any other method of payment which the Company agrees to in the Application Form and which fails to clear.
(f) The Cardholder shall indemnify the Company in full and hold it harmless from all liabilities and costs or expenses which it may incur (directly or indirectly and including finance costs, legal costs on a full indemnity basis and the costs of instructing a debt collector to recover the debt due to us if any) following any breach by the Cardholder of any of the obligations under these Conditions.
(g) A Fuel Card insurance fee of £0.60 per month is payable and non-refundable in the first 12 months, after such time written notice is required to cancel such insurance policy.
(h) Copy receipts will incur a charge of £25 each.
(i) Copies of drawing sheets and statements will incur a charge of £5.00 each.
(j) A cardholder shall have no right of set-off as against the Company under any circumstances.
(k) The Company reserves the right to charge for the following: duplicate Fuel Cards issued shall be of a cost of £12 per Fuel Card; a Fuel Card fee of £1.00 is payable per month; pin re-issue fee of £2.00; paper invoices fee of £2.00; copy vouchers £10.00; additional printed Site list £2.00; express mail £15; payments by credit card will incur a service charge fee based on the fee charged to the Company from the relevant credit card company.
5. Delivery Title and Quantities
Product shall be delivered by the Company and received by the Cardholder solely through the Company fuel system to the extent contained in condition 2 hereof subject as hereinafter mentioned.
6. Risk
Notwithstanding anything herein contained to the contrary, risk in the Product shall pass to the Cardholder on Product leaving the fuel delivery nozzle being used by the Cardholder or his/its agent and the Company shall not after the risk has been passed to the Cardholder be liable for any loss or damage by or arising out of or in connection with the storage use or handling of the Product or otherwise and the Cardholder shall fully indemnify and keep indemnified the Company against all damages, claims, liabilities or costs incurred by the Company in connection therewith.
7. Resale
Except where expressly agreed in writing by the Company with the Cardholder, Product withdrawn against any the Fuel Card issued to the Cardholder shall not be used by the Cardholder for any purpose other than road vehicle fuel in the Cardholder’s own or contracted vehicles and shall not be resold or otherwise disposed of to any other persons.
8. Indemnity
(a) The Customer shall fully indemnify and keep the Company indemnified against all liability including employers liability in respect of any damage to the property of the Company, its employees, or agents, or the death or personal injury of the said employee or agents not being death or personal injury caused by the negligence of the Company or its said employees or agents arising out of or consequent upon the use of the Company fuel system.
(b) The Customer undertakes to indemnify the Company from and against all losses, claims, demands, expenses or costs which the Company may sustain by reason of a Card being used by someone other than an authorized Cardholder or by reason of any dishonesty, negligence or criminal activity relating to the use of a Card by the Customers employees, ex-employees or Cardholders. This indemnity shall survive the expiry or earlier termination of the Agreement.
9. Card Ownership and Liability
(a) All Fuel Cards shall remain the property of the Company and shall not be sold, disposed of or otherwise dealt with by the Cardholder.
(b) All Fuel Cards shall be used only for the withdrawal of Product from any of the Company’s Sites and shall not be used as the basis of cheque guarantee or for some other similar use.
(c) Forthwith, upon the loss, mislaying or theft of any Fuel Card the Cardholder shall notify the Company and the police of any such event, confirmation to be made in writing as soon as possible.
(d) In the event of the procedure being carried out in accordance with clause 9. (c) above, the Company will take all steps as shall be necessary to restrict the future use of the Fuel Card so lost, misplaced or stolen and the Company shall indemnify the Cardholder from and against all liability arising under the Fuel Card after a period of 48 hours or two working days (whichever is the longer) of receiving such information from the Cardholder.
(e) In the event of the said procedure not being completed in whole or part the Cardholder shall indemnify the Company against all liability arising under the Fuel Card whether or not the same shall be used by the Cardholder.
(f) It is the Cardholder’s responsibility to maintain security in respect of PIN numbers at all times. Cardholders must take all reasonable care to prevent loss theft or mutilation of Fuel Cards.
(g) The Cardholder shall remain liable at all times for any cancelled Fuel Card.
(h) Subject to clause 9. (d) above, the Cardholder shall remain liable at all times for any use or miss-use of the Fuel Card by any third party.
(i) The Cardholder accepts that the Company shall hold information on it and its employees, servants and agents and that such information shall also be held by our card network providers and the Company shall not be responsible for the miss-use of such data by our card network providers.
10. Force Majeure
(a) Any obligations of the Company to supply Product to the Cardholder shall be suspended in the event that directly or indirectly by any cause of circumstance whatsoever reasonably outside the Company’s control (including in the case of industrial action, any action taken by the Company’s own employees and in the case of Governmental action) compliance by the Company with any request or instruction of the Government the Company is prevented or hindered (i) from supplying the Cardholder with his/its requirements of Product or (ii) from obtaining from its usual source of supply all its requirements of Product.
(b) On the occurrence of any of the circumstances mentioned in 10. (a) above the Company shall determine (and may from time to time re-determine) the extent (if any) to which supplies to the Cardholder are to be maintained while such circumstances continue, having regard to its ability to obtain, process and deliver supplies, the costs of doing so, the requirements of all its customers local needs and any other considerations it considers relevant. (c) As soon as practical after the circumstances mentioned in 10. (a) above cease the Company shall inform the Cardholder of the resumption of supplies.
