Fastfuel Terms and Conditions
The use of the Countrywide Energy – Fast Fuel Card is governed by the following terms and conditions:
1. Definitions
(a) In these conditions “The Company” means Countrywide
Farmers Plc (t/a Countrywide Energy) 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 of Bunkering Sites through
which the Company works.
(d) “Card” means the FastFuel 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.
(f) “Credit Limit” means the maximum amount expressed
in money terms which the Company may from time to time specify to
a Cardholder as being 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) “Bunkering Stock” means the Stock of fuel maintained
in the Network by the Cardholder.
(i) “Notified Price” means the price 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.
2. Charges
The Company may charge a fee to the Cardholder 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 of the Cardholder to the extent
of the Credit Limit up to eighteen months from the date of issue.
(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 available 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 (by post or email) for the Products drawn by the Cardholder
on a weekly basis or on any alternative basis as may be agreed between
the Company and the Cardholder from time to time.
(b) The Cardholder will be invoiced on a weekly basis. Payment shall
be made by way of direct debit on the account of the Cardholder
on or before the 14th day following the date of issue of the relevant
invoice(s) – or 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.
(c) If for any reason the Cardholder has not paid the full invoice
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 National Westminster Bank Plc, payable from the
due date until the date full payment has been received. If the Cardholder
has a Bunkering Stock any outstanding balance can be reclaimed from
the Stock at the current average Company buying price.
(d) Upon the Cardholder going into liquidation, whether compulsory
or voluntary, or having a receiver or administrator or administrative
receiver appointed over all or part of its property or business,
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. If the Cardholder has a
Bunkering Stock any outstanding balance can be reclaimed from the
Stock at the current average Company buying price.
(e) If a direct debit drawn by the Company on the Cardholders accounts
is returned unpaid or a cheque sent by the Cardholder to the Company
is returned unpaid then the Cardholder shall pay the Company an
administration fee each time it occurs.
6. Invoicing
All Cardholders will have the option of either a hard copy or electronic
invoice. For any Cardholder requesting to receive invoices via email
the following terms and conditions are deemed to have been accepted.
These terms and conditions govern the provision of invoices by electronic
means only and do not affect the terms and conditions of use of
any fuel card. If there is any inconsistency or discrepancy between
the terms and conditions of the fuel card and these terms and conditions
then the terms and conditions of the fuel card shall apply.
An electronic invoice or the provision of access to such a document
will be sent or provided on behalf of the Company monthly or at
such other times as agreed by the Company. Invoicing electronically
will be without additional charge to the Cardholder (referred to
below as “the CUSTOMER”), although the Company reserves
the right to vary these terms or to revert to invoicing by traditional
postal means without notice.
If any electronic invoice fails to reach the e-mail address specified
or any loss or corruption of information occurs, it is the CUSTOMER’s
responsibility to advise the Company and no such failure or loss
shall affect the CUSTOMER’s liability for making payment of
all amounts properly due from the CUSTOMER to the Company on or
before the due date for payment. For the avoidance of doubt the
CUSTOMER is responsible for informing the Company of all changes
to the CUSTOMER’s administration data, which includes the
destination email address.
The CUSTOMER is responsible for informing their local tax office,
if required, of their intention to receive invoices electronically.
7. Joint and Several Liability
(a) Where the customer consists of two or more persons such expression
throughout shall mean and include such two or more persons and each
or any of them. All obligations on the part of such customer shall
be joint and several obligations of such persons.
(b) 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.
8. Card Usage
(a) The Card may only be used by the Cardholder and the Cardholder
is responsible for the safe keeping of the Card and the prevention
of unauthorised use.
(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
may only be used up to the noted expiry date.
(e) The Company may cancel 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 issued Cards to the Company within 7 days.
(g) Possession of the Card does not confer any right on the Cardholder
to receive Product.
(h) Sales receipts are automatically issued for every card transaction,
with the exception of automated terminals where the issue of a receipt
is optional and upon request.
(i) It is the responsibility of the Account Holder to ensure that
the Authorised User returns the receipts to the Account Holder for
reconciliation against each invoice.
(j) Sites are required to keep copy receipts (with the exception
of transactions via automated terminals) for a minimum period of
two months and when requested by the Cardholder the Company will
endeavour to obtain copy receipts from Sites.
(k) The Company shall be entitled to charge a fee of £5.00
plus VAT for each copy receipt provided (or such other reasonable
fee as the Company may from time to time specify).
(l) Cards that identify vehicles are issued as a management information
tool to be used correctly by Account Holder or Authorised User.
Such Cards do not provide additional security. The Account Holder
shall be liable to pay Fuel Cards Direct 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.
9. 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 outdoor terminals within the
Network of Sites.
10. 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 10 (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 or the Cardholder’s authorised representative
gave the relevant Card to an unauthorised person; or
(ii) The loss of the Card was due to the gross negligence of either
the Cardholder or the Cardholder’s authorised representative;
or
(iii) The Cardholder or the Cardholder’s authorised representative
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.
11. 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.
12. 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 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 the Company.
(b) The Cardholder 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 in the Company’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.
(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.
13. 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 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 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.
14. Assignment
This Agreement shall not be assignable in whole or in part by the
Cardholder without prior written consent of the Company.
15. 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 or the Cardholder’s
authorised representative 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.
16. 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.
17. Governing Law
This Agreement is governed by the Law of England and the parties
submit to the exclusive jurisdiction of the English Courts.
