TERMS AND CONDITIONS OF USE
Conditions of business for provision of Fuel and other Services by
Commercial Shipping Co (Oils) Ltd ”(CSC)”
1 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 for the provision of fuel or whose order for Fuel Cards is accepted by CSC or who uses a Card. “Sites” shall mean those outlets at which the cards supplied shall be used. CSC Group “(CSC)” 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.
2 The Customer shall request CSC 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.
3 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.
4 The Card shall remain the property of CSC 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.
5 Whenever the CSC card is used in obtaining fuel or other services the cardholder shall sign a voucher in a form and manner required by CSC. 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.
6 The Customer will be invoiced monthly or more frequently at CSC’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.
7 Card Application – The Customer shall be responsible for the accuracy of the information signed for on the card application form. The issue or refusal of to issue cards by CSC is based on credit information for insurance purposes obtained by a credit reference agency.
8 The cardholder must guard the card carefully against loss, theft or mutilation and report any of these events promptly to CSC. Failure to make that report makes the Customer liable for all unauthorised drawings made.
9 The whole outstanding balance on the Customer’s account shall become due and payable in full to CSC and the right to use the CSC card shall automatically forthwith terminate (but without prejudice to the Customer’s liability for use of the CSC card after termination or to the rights of CSC 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, (if an individual) becoming bankrupt or dying or in either case enters into a formal or informal agreement with its creditors.
10 CSC may cancel a CSC card on the Customer’s written request and require the return of the relevant CSC card to CSC. CSC may cancel a CSC card at any time without notice or refuse to issue a new or replace any CSC card. Termination is without prejudice to the Customer’s liability in respect of the use of CSC prior to such termination. Unless and until such termination occurs, CSC shall reissue CSC 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 card. The cardholder shall not disclose the Personal Identification Number of the card to any other person.
11 The Customer undertakes not to factor any debts to a third party without written agreement of CSC. Failure to notify CSC of any debts being factored would make the Directors of the Customer personally liable for any debts not paid to CSC.
12 If a CSC card is lost or stolen, the Customer must immediately notify CSC at such address or telephone number as CSC 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 all the information in their possession as to the circumstances of the loss and take all reasonable steps to assist CSC to recover the missing CSC card.
13 No claim by the Customer or a cardholder against a supplier may be the subject of a set-off or counterclaim against CSC.
14 (i) In so far as such liability is permitted to be excluded by statute CSC will not be responsible for the quality of the Fuel and/or Other Fuels supplied under these Terms and Conditions at any Site and CSC shall not be liable for any Fuel and/or Other Fuels losses howsoever arising.(ii) For the purpose of these Terms and Conditions risk in Fuel passes to the Customer when the Fuel passes the outlet nozzle of the Site’s delivery pump and the risk in the Other Fuels passes to the Customer when the Customer takes delivery thereof.(iii) Without prejudice to the provisions of this clause all terms and conditions and warranties (whether implied or express) made whether by CSC its agents servants or employees relating quality, fitness for purpose description of the Fuel and/or Other Fuels are excluded to the fullest extent permitted by law.(iv) CSC shall not be liable for any loss or damage howsoever arising suffered by the Customer and/or Authorised User in connection with the Fuel and/or Other Fuels.
15 CSC shall not be liable in any way if the CSC card is not honoured by a supplier, whether by way of non acceptance, non delivery of fuel or otherwise.
16 CSC may at its absolute discretion set a credit limit for the Customer. Should the sums due, exceed or at the CSC’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.
17 The Customer shall forthwith notify CSC of any change to the Customer’s address.
18 Any dispute relating to the provisions of Goods should be notified in writing to CSC 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.
19 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.
20 CSC 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 may select shall constitute effective notice to cardholders.
21 Under the SEPA Core Direct Debit Scheme Rulebook (the “SEPA Rules”), CSC 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 (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.
22 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.