The following conditions shall apply to any Gib Oil Fleet Card issued to Principal Cardholder by Gib Oil Limited.
Definitions
1.0 In these conditions, the following expressions shall have the following meanings respectively assigned to them:
“the Agreement”- the attached application signed by or on behalf of the Principal Cardholder and Gib Oil Limited, and these Conditions of Use;
‘Gib Oil’ Gib Oil Limited, Western Arm, North Mole. PO Box 231, Gibraltar acting under its business name of GO Gib Oil;
‘Principal Cardholder”: The partnership firm or company in whose name a Gib Oil Fleet Card accounts is opened by Gib Oil and if the Principal Cardholder is two or more persons covenants by and obligations of the Principal Cardholder shall be constructed as joint and several covenants and obligations by or on such persons;
“Account”; the account to be opened by Gib Oil in the name of the Principal Cardholder pursuant to Condition 5 below;
“Gib Oil Fleet Card Scheme”: the Gib Oil scheme for the time being as operated by Gib Oil under which, Principal Cardholders are entitled to use a card to obtain Supplies from Gib Oil Retailers; “Nominated Vehicle” a vehicle of which particulars have been issued to Gib Oil pursuant to condition 4 2 where the Principal Cardholder applies for and is issued with a Pool Card,
“Pool Card’ a Card designated for use by Cardholders only in respect of Nominated Vehicle identified on the Card;
“Cardholder”. Principal Cardholder issued with a Card and any person authorised. in accordance vote condition 4. by the Principal Cardholder to use a Card;
“Card” a Gib Oil Fleet or Pool Card which is currently valid, issued by Gib Oil to the Principal cardholder for obtaining Supplies;
‘Supplies’: the category of Supplies specified in the Agreement which the Principal Cardholders has applied for from Gib Oil and been authorised by Gib Oil 10 obtain from Gib Oil Retailers on these Conditions of Use being the relevant category of one of the following.-
category 1: Motor spirit and Diesel, or
category 2: Motor spirit, Diesel or lubricating oil, motor accessories, repairs. servicing and car washing, or category 3: Motor spirit, Diesel or lubricating oil, motor accessories, repairs. servicing, car washing and any other goods or services customarily supplied at petrol stations, or such other goods or services as may be notified to the Principal Cardholder by Gib Oil.
“Gib Oil Retailer”. The petrol station retailer or such other retailer appointed by Gib Oil in Gibraltar to make Supplies on production of a Card;
“Sales Voucher”, a sales voucher (which may manually or electronically produced) in a form approved by Gib Oil from time to time, recording a delivery of Supplies under the Gib Oil Fleet Card Scheme.
Appointment of Principal Cardholder as Agent
2.1 Gib Oil authorises the Principal Cardholder to obtain Supplies from Gib Oil Retailers subject to these Conditions of Use and to the following limitations :-
(l) the Pool Cardholder may only obtain Supplies when with the Nominated Vehicle and on production of a Card imprinted with the Nominated Vehicle registration number and with the Nominated Vehicle registration number entered in the signature panel.
(II) the Cardholder shall ensure that a Sales Voucher is completed in respect of and the time of each delivery, including but without limitation the filling in of the transaction, details of the goods and/or services comprising the Supplies obtained, the total cost of the Supplies and shall then sign the Sales Voucher. (III) the Cardholder shall not obtain Supplies in any single transaction of value in excess of any financial limit notified by Gib Oil under condition 2.2 below.
Floor Limit
2.2 Gib Oil reserves the right to notify the Principal Cardholder of a financial limit applicable for any single Supplies transaction.
Warranty by Principal Cardholder
2.3 Signature by a Cardholder of Sales Voucher in conjunction with the use of a Card shall constitute a warranty by the Principal Cardholder that:
(l) all statements, amounts and other information contained in Sales Voucher are true and correct in all respects and reflect the full terms of a bona fide transaction for obtaining Supplies and that there are no collateral, verbal or other contracts or representations in existence effecting that transaction in any way whatsoever;
(II) the Supplies transaction has not been altered or added to in any way since the Sale Voucher was completed and signed;
(III) the Principal Cardholder has no defence, counterclaim, right to setoff or dispute entitling it to refuse or withhold the full amount or any portion thereof appearing on the Sales Voucher;
(IV) the Supplies transaction complies in all respects with the limitations and requirements of any law and/ or regulation applicable;
(V) the Supplies transaction has not been assigned, pledged or dealt with in any manner in favour of any other person.
Gib Oil’s Liability
3.0 Gib Oil shall not be liable for:
(I) any death or injury occasioned to the Principal Cardholder, Cardholders or third parties in connection With the use of the Card and arising directly or indirectly from any act, default, omission or negligence on the part of the Gib Oil Retailer;
(II) any loss or damage suffered by the Principal Cardholder, Cardholders, or third parties in connection with the use of the Card and arising directly or indirectly from any act, default. omission or negligence on the part of Gib Oil and/or the Gib Oil Retailer.
Issue and Use of the Cards
4.1 In respect of a Pool Card application, the Principal cardholder shall notify Gib Oil of the vehicle registration number and such other details as Gib Oil may reasonably require to identity each vehicle which the Principal Cardholder wishes to designate as a Nominated Vehicle for the purpose of these Conditions of Use.
4.2 Gib Oil shall issue a Card(s) to the Principal Cardholder, each being embossed with the name of the Principal Cardholder, and in respect of Pool Cards with. the Nominated Vehicle registration number in accordance with condition 4.1 above.
4.3 The Cards remain the property of Gib Oil and possession of the Card shall not confer any right to receive Supplies Gib Oil may cancel a Card or Cards at any time by summary notice. orally or in wanting to the Principal Cardholder, On cancellation, the Card or Cards shall be surrendered forthwith and any Gib Oil Retailer to whom a cancelled Card is presented shall be entitled to reclaim it and return it to Gib Oil.
4.4 The Principal Cardholder shall distribute the Card to Cardholders and shall procure that in respect of pool Cards, the Card is signed with the Nominated vehicle registration number on behalf of the Principal cardholder prior to distribution The principal Cardholders shall procure that cardholders comply with the terms and conditions inscribed on the Card, the terms of these Conditions of Use and such other instructions on the use of the Card as may from time to time be given by Gib Oil to the Principal Cardholder.
4.5 The Principal Cardholder shall not use the Card and shall procure that the Card shall not be used in a manner prohibited by law. The PIN may be used only by The Principal Cardholder and Cardholders), to Whom it is supplied for use with a Card and shall not be disclosed directly or indirectly by the Principal Cardholder and/or the Cardholders to any other person The Principal Cardholder shall procure that no record of the PIN is written on any Card or Sales Voucher or on anything kept with the Card.
Loss or Misuse of the Card
4.6 The Principal Cardholder shall procure that every possible care is exercised to prevent any Card being lost or stolen or the PIN becoming disclosed If any Card shall be lost or stolen or otherwise cease to be in the possession of the Principal Cardholder or the relevant Cardholder or if the PIN becomes Known to any other person or is liable to be misused, the Principal cardholder shall notify Gib Oil immediately at Gib Oil Limited, Western Arm, North Mole, P.O.BOX 231.Tel No 35020003400. Fax No. 35020075998 or at any
other address as may be notified by Gib Oil Limited, to the Principal Cardholder Notification shall be by the fastest available means of communication and the Principal Cardholder shall give all available information as to the circumstances of such loss or theft, and shall forthwith confirm all such information to Gib Oil in writing and shall take all such reasonable steps Gib Oil may require to assist Gib Oil to recover the Card. If such notification is given orally it will not be treated as having been given if not received in writing at any such address within 7 days thereafter. The Principal Cardholder shall be liable in respect of Supplies obtained with a lost or stolen Card as set out in condition 4.8 below.
4.7 Where Cards have been issued to Cardholders pursuant to Conditions,
4.1 and 4.2 then upon a Cardholder ceasing for any reason to be authorised by the Principal Cardholder to use a Card, or upon any vehicle ceasing to be a Nominated Vehicle the Principal Cardholder shall immediately notify Gib Oil in writing and return all Cards bearing the name of the relevant Cardholder o’ registration number of the relevant Nominated Vehicle to Gib Oil.
The Principal Cardholder shall be under no liability in respect of Supplies obtained with the Card subsequent to its receipt by Gib Oil hereunder but shall in all circumstances be liable for all Supplies obtained prior to such receipt including, without limitation, such Supplies obtained by a cardholder no longer employed by the Principal Cardholder or deprived of this authority to use the Card.
4.8 The Principal Cardholder shag shall indemnify Gib Oil in respect of all claims made against Gib Oil and all claims, cost and expenses suffered or incurred by Gib Oil arising from theft, loss or misuse of a Card, whether fraudulent or not occurs:
(I) before receipt of written notification as detailed in Condition 4.7 and for a period of seven days after that receipt This maximum liability shall not apply in the event of the Principal Cardholder or any Cardholder being any way connected with the unauthorised use of the Card; or
(II) as a result of any fraud, willful negligence or breach of any of these Conditions of Use by the Principal Cardholder and/or any Cardholder.
4.9 Gib Oil shall not be liable to the Principal Cardholder for any loss, damage, cost or expense suffered by the Principal Cardholder and arising. whether directly or indirectly, from failure by Gib Oil Retailer to honour a Card, or to charge his normal cash price for Supplies or by a Gib Oil Retailer accepting a Card for Supplies other than those in one of the authorised categories of supplies, notwithstanding that such failure or acceptance may constitute a breach at the Gib Oil Retailer’s agreement with Gib Oil.
4.11 Gib Oil reserves the right following 30 days’ notice in writing to the Principal Cardholder to make a charge for the use of the Card.
Operation of Gib Oil Scheme Including Payment
5.2 Gib Oil shall pay the Gib Oil Retailer for Supplies delivered hereunder as shown on a Sales Voucher submitted to Gib Oil by the Gib Oil Retailer which has been signed and/or authorised by a PIN input by the Cardholder at the time of Supply. Gib Oil shall charge the Principal Cardholder’s Account with the sum shown on the Sales Voucher and a statement of amounts so charged will be sent to the Principal Cardholder twice during each month.
5.3 The amount to be charged to the principal cardholder’s Account for any Supplies made against production of a Card shall be the price notified by the Gib Oil Retailer at the time of Supply, converted to sterling at the rate of exchange determined by Gib Oil which is prevailing at the day before the preparation of the statement of amounts to be sent to the Principal Cardholder.
5.4 On receipt of such a statement of amounts the Principal Cardholders shall pay to Gib Oil by the direct debit system or in such other mariner as may be prescribed by Gib Oil.
Force Majeure
6.0 Gib Oil shall be under no liability to the Principal Cardholder for failure 10 to perform its obligations under the Agreement if that failure is due to circumstances beyond the reasonable control of Gib Oil its agents or sub-contractors.
Waiver
7.0 Any neglect., forbearance or indulgence on the part of Gib Oil relating to its strict rights hereunder shall in no way be deemed a waiver implied or otherwise as to such rights.
Termination
8.1 Either party may terminate the Agreement by giving to the other not less than 2 months’ notice in writing to do so.
8.2 The Agreement shall terminate at the option of Gib Oil notwithstanding that Gib Oil may have waived is rights to some previous occasion on any of the following events:
(I) on the issue of summary notice of default to the Principal Cardholder,
(II) forthwith following a breach by the Principal Cardholder of any of the provisions of the Agreement other than those relating to the payment of money;
(III) the commission by the Principal Cardholder of any act of bankruptcy or the levy against the Principal Cardholder of any distress or execution which is not paid out within 14 days;
(IV) the Principal Cardholder entering into or attempting to enter into a composition with its creditors or (in the case of a limited company/ going to into liquidation except voluntary liquidation for the purpose of amalgamation or reconstruction,
(V) a receiver being appointed in respect of the Principal Cardholder’s assets or any part thereof or a meeting, whether formal or informal, being called of the Principal Cardholder’s creditors, or any of them
8.3 The termination of the Agreement shall not affect the rights or liabilities of either party against the other arising prior to termination or in respect of antecedent breathes of the Agreement
8.4 The outstanding balance on the Account shall forthwith become due and Payable on the termination of the Agreement and all Cards shall be returned forthwith to Gib Oil.
Variations
9.0 Gib Oil shall be entitled to vary these Conditions of Use at any time and from time to time by notice in writing to the Principal Cardholder or notice published try such other means as Gib Oil may reasonable choose.
Disclosure of Information
10.1 Gib Oil may, in connection with the proper operation of the Agreement and/or the Gib Oil Scheme, at any time disclose to its agents or sub-contractors any information concerning the Account.
10.2 Gib Oil may make such disclosure as may be required or authorised by law in connection with the operation of the Account and/or the Gib Oil Scheme.
Assignment
11.0 The Principal Cardholder shall not assign, mortgage or change the Agreement rights thereunder or any part thereof without first obtaining the consent of Gib Oil except by way of a floating charge created in the ordinary course of business.
Notices
12.0 Any notice served hereunder shall be sufficiently served if sent by prepaid letter or telex to the usual or last known place of business of the Principal Cardholder in due course of transmission.
Proper Law
13.0 This Agreement shall be subject to and interpreted in accordance with the Laws of Gibraltar.
