Card Terms and Conditions of Use

The use of the Fuelwise Network Ireland Limited - Fuel Card is governed by the following terms and conditions:
1. Definitions
(a) In these conditions ‘The Company’ means Fuelwise Network Ireland Limited, and its successors.
(b) ‘Site’ means an authorised Site which appears in the directory as such directory may be varied from time to time and ‘Sites’ means any one or more of the said Network of Sites.
(c) ‘Network’ means the Network Sites through which the Company works.
(d) ‘Card’ means the Card issued by the Company to the Cardholder for the purpose of drawing Product from a Site or the Network.
(e) ‘Cardholder’ means the Person or Company in whose name the account is maintained and includes employees, subcontractors or any other person acting on behalf of the Cardholder or
with his authority.
(f) ‘Credit Limit” means the maximum amount expressed in money terms which the Company may from time to time specify to a Cardholder as b eing the limit of purchases of Products on
credit that may from time to time be made with
any Card.
(g) ‘Products’ means stocks of diesel fuel, petrol, lubricant or gas oil available in some or all of the Network of Sites.
(h) ‘Notified Price’ means the pr ice notified to the Cardholder by the Company on a monthly/weekly basis or on any other basis the Company sets as a result of market conditions.
(i) PIN Number means Personal Identity Number.
(j) Notice subject to the requirements of any statute or other p ublication notification by such means as the company may select will constitute effective notice to Cardholders.
2. Charges
The Company may charge a fee to the Cardholder either annually or for issue of the Card either on setting up of the account or upon replacement or renewal of the Card depending on
particular circumstances.
3. Applications
(a) All applications for the issue of Cards shall be at the absolute discretion of the Company.
(b) Each Card will be valid for use by the Cardholder to the extent of the Credit Limit from the date of issue until the date of expiry.
(c) All risk of loss will pass to and be borne by the Cardholder from the date of despatch of the Card.
(d) The Cardholder shall ensure that any person using a Card shall not tamper with or try to alter or interfere with the fuel monitoring device or fuel delivery equipment at any Site. In the
event there appears to be a defect or fault in such
monitoring or fuel delivery equipment the Cardholder shall forthwith report the same to the Seller or Operator of the Site.
4. Price
(a) All diesel fuel is chargeable at the Notified Price. The Seller reserves the right to vary rebates, discounts, allowances, premiums or surcharges at any time.
(b) All other Products will be charged at a price availabl e from the Company.
(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 variation of the
same at any time for the account of the Cardholder.
5. Payment
(a) The Company or its agent will send the Cardholder a statement of charges for the Products drawn by the Cardholder on a monthly basis or on any alternative basis as may be agreed
between the Company and the Cardholder from time to time.
(b) The Cardholder has two weeks after receipt of the statement in order to provide the Company with any queries or complaints in relation to that statement. After two weeks, the statement
shall be deemed agreed by the Cardholder.
(c) The Cardholder will be invoiced on a monthly/weekly basis. Payment shall be made by way of direct debit on the account of the Cardholder as may otherwise be agreed between
the Company and the Cardholder from time to time: and in order to comply with the direct debit requirement the Cardholder shall at all times:
(i) maintain a bank account capable of accepting direct debits;
(ii) keep the Company provided with an effective direct debiting mandate against such account;
(iii) ensure that every direct debit properly instanced by the Company against such account is duly met.
(d) If for any reason the Cardholder has not paid the full statement value by the due date the Company reserves the right to charge interest on the account of the Cardholder at the rate of 5%
per annum above the base rate of AIB, payable from the due date until the date full
payment has been received.
property or is made a bankrupt or enters into an arrangement with its creditors, the total
outstanding balance on the Cardholder’s account shall immediately become due and payable in full and the right to use the Card shall automatically cease.
6. Products
While the Company will endeavour to supply the required Products no warranty can be given that any or all of the Products are available at any particular Site.
7. Card Usage
(a) The Card can only be used in accordance with the Terms and Conditions as set out herein by the Cardholder and the Cardholder is responsible for the safe keeping of the Card.
(b) Prior to entering into any transaction in relation to the supply of Products the Cardholder shall present the Card at the Site.
(c) The Card may only be used to obtain the Products at the Sites.
(d) The Card remains the property of the Company at all times and if required to do so must be handed back by the Cardholder to the Company and may only be used up to the expiry date.
(e) The Company may cancel or suspend the use of a Card at any time without notice or refuse to issue a replacement Card.
(f) On cancellation or termination of this Agreement, the Cardholder shall return all issued Cards to the Company within 7 days by registered post.
(g) Possession of the Card does not confer any right on the Cardholder to receive Product.
8. PIN Numbers
(a) A 4 digit PIN Number will be allocated to each Card.
(b) PIN Numbers will be treated as confidential information and should at all times be kept entirely separate from the Card.
(c) If a PIN Number is disclosed to an unauthorised person the Cardholder must immediately notify the Company as per condition 9.
(d) The PIN Number is only for use at terminals within the Network of Sites.
9. Lost Or Stolen Cards.
(a) If a Card is lost or stolen the Cardholder must immediately notify the Company by fax at such address the Company may specify from time to time.
(b) The Cardholder will remain liable for all transactions made with such lost or stolen Card for a period expiring at the end of the second working day after the day on which notification is
received
in accordance with clause 9 (a) save that no such release from responsibility will be given to the Cardholder if it can be established on the balance of probabilities that:
(i) The Cardholder gave the relevant Card to an unauthorised person or;
(ii) The loss of the Card was due to the gross negligence of the Cardholder or;
(iii) The Cardholder failed to adhere to a request made by the Company or its representative to destroy or return the Card to the Company or;
(iv) The Cardholder was in breach in any of the terms and conditions of this Agreement.
(c) Cardholders must co-operate with the Company and the police to help recover any Card. If the Companysuspects that a Card is lost or stolen, then the Company may give the police any
information which is relevant and the Company
take appropriate action.
(d) If any Cardholder recovers a Card that has been reported as lost or stolen, it must be returned to t he Company immediately.
10. Resale
Except where expressly agreed in writing by the Company with the Cardholder, product withdrawn against any Card issued to the Cardholder shall not be used by the Cardholder for any
purpose other than for fuel or lubricant (as
appropriate) in the Cardholders own or contracted vehicles and shall not be resold or otherwise disposed of to any other persons.
11. Indemnity - Health and Safety
(a) The Cardholder shall fully indemnify the Company and keep the Company fully indemnified against all liability including employer’s liability in respect of any damage to the property of
the Company or the Cardholder or the death or personal injury of employees or
agents of either the Cardholder or the Company arising out of or consequent upon the use of the Card, the Sites and/or the Product except where said damage, death or personal injury is
caused by
the negligence of the Company.
(b) The Cardholder shall draw the attention of any employees and agents or any persons whosoever handlingor using the Products on behalf of the Cardholder having access to them whilst
in the Cardholders possession or to whom he sells them to any instructions,
warnings or suggestions concerning the methods whereby or the conditions whereupon the products should be used or handled which are contained or referred to in the Company’s material
safety data sheets or other literature relating to the Products or which are attached
to the Product or their packaging and the Cardholder shall ensure compliance by any person using or handling them with the instructions, warnings and
suggestions mentioned or referred to in this clause.
(c) The Cardholder shall indemnify the Company in respect of any loss or liability whatsoever or whensoever suffered or incurred by the Company by reason or any breach by the
Cardholder of the foregoing, or by reason of any failure
by the Cardholder himself to comply with the warnings, suggestions or instructions referred to in the foregoing.
12. Force Majeure
(a) Any obligation of the Company to supply Products to the Cardholder shall be suspended in the event that directly or indirectly by any cause or circumstances whatsoever reasonably
outside the Company’s control (including without prejudice to the generality of the
foregoing in the case o f 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 requirements of Product or (ii) from obtaining from its usual sources of supply all its requirements of crude oil and relevant Petroleum Products.
(b) On the occurrence of any of the circumstances mentioned in (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 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.
(c) As soon as practicable after the circumstances mentioned in (a) above cease the Company shall inform the Cardholder of the resumption of supplies.
13. Assignment
This Agreement shall not be assignable in whole or in part by the Cardholder without prior written consent of the Company.
14. General
(a) The Cardholder shall immediately notify the Company of any change to the Cardholder’s address.
(b) 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 Cardholder after such
notice has been served on the Cardholder shall
be construed as acceptance by the Cardholder of such variation or addition.
(c) Unless the Company expressly states otherwise in connection with any particular promotions, the Card does not entitle the Cardholder to participate in any of the Company’s special
offers that may be available from time to time.
(d) The card holder gives permission to the company to carry out any enquiries with respect to opening an account.
(e) 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 tracing of debtors.
15. Liability Of The Company
(a) The Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statue in relation to any transaction by or Product supplied to the
Cardholder by virtue of entering into this Agreement
with the Cardholder.
(b) The Company accepts no responsibility and shall not be liable to the Cardholder for a failure (for whatever reason) on the part of an automatic dispensing pump to dispense Product at a
Company Site.
16. Governing Law
This Agreement and any supplies of goods made in conjunction with the use of the Card shall be governed by the laws of the Republic of Ireland and be subject to the non -exclusive
jurisdiction of the Laws of the Republic of Ireland.
17. Closing Account
(a) The Cardholder may close the account by giving notice to the Company in writing and by returning all Cards to the Company.
(b) The Cardholder will be liable to repay immediately on demand the outstanding balance on the account, including all charges, fees and costs to the date of repayment.
(c) The Cardholder must ensure that there are no transactions after the request to close the account.
(d) The Cardholder shall only cancel the direct debit mandate with the Company as described at (5) above only where all outstanding payments have already been discharged.
(e) It shall be the responsibility of the Cardholder to pay the company for withdrawals of Stock made using any one of the Cardholder’s Cards after the closing of the account.
(f) The account shall be closed only when all Cards are returned to the Company and all liabilities under these terms and conditions are paid.
(g) Where the Cardholder returns the Card by registered post, the Cardholder must ensure that it is cut in two and the magnetic strip is served.
18. Severability
Where any provisions of this agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this
agreement and rendered ineffective as far as
possible without modifying the remaining provisions of this agreement and shall not, in any way, affect any other circumstances or the validity or enforcement of this agreement.
19. Application
The acceptance of the application by either an existing or prospective Cardholder for either a new Card, a renewal of a Card or a replacement of a Card shall be at the sole and final
discretion of the Company.