Conditions of business for provision of Fuel and other Services by Commercial Shipping Co (Oils) Ltd
Contents
In the following conditions "Cardholder" shall be the Bearer of the card. "The Customer" means the company, person or persons who accept a quotation by CSC Group for the provision of fuel or whose order for Fuel Cards is accepted by CSC Group or who uses a Card. "Sites" shall mean those outlets at which the cards supplied shall be used. CSC Group "(CSC Group)" includes Commercial Shipping Co (Oils) Ltd, 29 Lisbane Road, Scarva, Co Armagh and Commercial Shipping Co (Oils) Ltd, South Bank House, Barrow Street, Dublin 4 and such other companies as are or may become associates or subsidiaries of all or any of the above named companies.
The Customer shall request CSC Group to issue fuel cards in respect of the Customer's nominated vehicles. The firm's name and a sequenced number shall be embossed on each card together with vehicle registration number if requested.
The Customer shall be responsible for the safe control of the card at all times and its issue to his drivers. The Customer is also responsible for the confidentiality of each card's PIN number.
The customer is liable for the misuse or use of the Card and the PIN code in a manner that violates the contract, unless he and the authorised user have taken all reasonable precautions against such use that violates the contract and/or the misuse of the card. In particular, the customer shall be considered to not have taken all reasonable precautions against use that violates the contract or misuse of the card when the misuse or use of the Card contrary to the contract was facilitated or enabled via the fact that:
(1) the Card was not stored with care (section 7(a)); (2) the Card was not sent back to CSC Group in its entirety (section 6(c)); (3) the PIN code was noted on the Card or directly linked or stored with the Card in some other manner (section 7(b)); (4) the theft or loss report was not forwarded without delay to CSC Group upon discovery (section 7(c)); (5) the Card was handed over in an unauthorised fashion to third parties or subcontractors (section 4); or (6) no new PIN code was requested after the authorisation of a third party for usage of the Card has lapsed.
The customer shall be responsible for violations of the duties of care by persons whom he has handed the Card over to.
The Card shall remain the property of CSC Group at all times and is returnable on request. It must not be passed to any other party (apart from the Customer's employees) without prior written consent from CSC Group.
Whenever the CSC Fuel Card is used in obtaining fuel or other services the cardholder shall sign a voucher in a form and manner required by CSC Group. Where the site is PIN operated a receipt must be retained by the cardholder for examination by his Customer. The cardholder has the responsibility to ensure that the details and litreage marked matches the fuel drawn / delivered.
The Customer will be invoiced monthly or more frequently at CSC Group's absolute discretion and fuel will normally be paid for by the charging of a direct debit to the Customer's account as stated on the invoice.
The Customer shall be responsible for the accuracy of the information signed for on the card application form. The issue or refusal to issue cards by CSC Group is based on credit information for insurance purposes obtained by a credit reference agency.
The cardholder must guard the card carefully against loss, theft or mutilation and report any of these events promptly to CSC Group. Failure to make that report makes the Customer liable for all unauthorised drawings made.
The whole outstanding balance on the Customer's account shall become due and payable in full to CSC Group and the right to use the CSC Fuel Card shall automatically forthwith terminate (but without prejudice to the Customer's liability for use of the CSC Fuel Card after termination or to the rights of CSC Group already accrued at the date of such termination) upon the Customer:
(if a company) going into liquidation whether compulsory or voluntary, or having a receiver or administrative receiver appointed of any part of its property or undertaking or has an administrator appointed; or (if an individual) becoming bankrupt or dying; or in either case entering into a formal or informal agreement with its creditors.
CSC Group may cancel a CSC Fuel Card on the Customer's written request and require the return of the relevant CSC Fuel Card to CSC Group. CSC Group may cancel a CSC Fuel Card at any time without notice or refuse to issue a new or replace any CSC Fuel Card. Termination is without prejudice to the Customer's liability in respect of the use of CSC Group prior to such termination. Unless and until such termination occurs, CSC Group shall reissue CSC Fuel Cards from time to time for use by cardholders.
The cardholder shall take all reasonable care and precaution to prevent the loss, theft or mutilation of any CSC Fuel Card. The cardholder shall not disclose the Personal Identification Number of the card to any other person.
The Customer undertakes not to factor any debts to a third party without written agreement of CSC Group. Failure to notify CSC Group of any debts being factored would make the Directors of the Customer personally liable for any debts not paid to CSC Group.
If a CSC Fuel Card is lost or stolen, the Customer must immediately notify CSC Group at such address or telephone number as CSC Group may specify from time to time. If this notification is given orally, it must be confirmed in writing within one working day.
The Customer shall remain liable for all drawings for a period of 72 hours. After this period, the Customer shall have no further liability for subsequent drawings. The Customer and the cardholder will give CSC Group all the information in their possession as to the circumstances of the loss and take all reasonable steps to assist CSC Group to recover the missing CSC Fuel Card.
No claim by the Customer or a cardholder against a supplier may be the subject of a set-off or counterclaim against CSC Group.
CSC Group shall not be liable in any way if the CSC Fuel Card is not honoured by a supplier, whether by way of non acceptance, non delivery of fuel or otherwise.
CSC Group may at its absolute discretion set a credit limit for the Customer. Should the sums due exceed or, at CSC Group's absolute discretion, look likely to exceed this limit, the Company reserves the absolute right to put the account on stop without further notice. It is the customer's responsibility to inform the Company if an increased credit limit is required.
The Customer shall forthwith notify CSC Group of any change to the Customer's address.
Any dispute relating to the provisions of Goods should be notified in writing to CSC Group within 30 days from the date of delivery of the statement or Invoice (whichever is the earlier) which relates to the disputed delivery, drawing, price or other matter. Thereafter such statements or Invoices as appropriate shall be deemed final and conclusive evidence as to the accuracy of the information stated therein.
Where the Customer consists of two or more parties such expression throughout shall mean and include such two or more parties and each or any of them. All obligations on the part of such Customer shall be deemed to be joint and several obligations of such parties.
CSC Group may vary or add to these conditions at any time, subject to the requirements of statute. Publication of any variation or addition by such means as CSC Group may select shall constitute effective notice to cardholders.
Under the SEPA Core Direct Debit Scheme Rulebook (the "SEPA Rules"), CSC Group is required to pre-notify a debtor (regardless of payment terms) of a direct debit transaction at least 14 calendar days prior to the due date. This 14 day notice period may be varied by agreement between you (as creditor) and CSC Group (as debtor). We will assume, unless you notify us to the contrary, that you are happy for pre-notification to be given less than 14 calendar days in advance of the due date for payment.
The foregoing Terms & Conditions shall be construed in accordance with the laws of Northern Ireland and the Parties hereby submit to the non-exclusive jurisdictions of Republic of Ireland Courts & Northern Ireland Courts.