In these conditions:
(a) ‘DCI’ means Diesel Card Ireland Limited and its successors.
(b) ‘Site’ means any DCI location holding a Diesel Card Ireland franchise agreement and thereby acting as an authorised selling agent.
(c) ‘Card’ means the DCI Card issued by Diesel Card Ireland Limited to the Account Holder for the purpose of drawing petrol, diesel, oil and other goods and services as specified in this application (the Products) from a Site.
(d) ‘Account Holder’ means the person in whose name the account is maintained.
(e) ‘Authorised User’ means the person or persons the Account Holder has authorised to sign or use the Card(s).
(f) ‘Credit Limit’ means the maximum amount expressed in money terms which DCI may from time to time specify to an Account Holder as being the limit of purchases of Products on credit that may from time to time be made with any Card.
(g) References to person shall include individuals, partnerships, firms, companies, organisations or any other entities (whether or not having a separate legal personality.
(a) All applications for the issue of a Card(s) shall be at the absolute discretion of DCI.
(b) Each Card will be valid for use of the Account Holder and any Authorised User to the extent of the Credit Limit up to 30 months from the date of issue.
(c) All risks of loss will pass to and be borne by the Account Holder from the date of despatch of the Card.
(d) The Account Holder shall ensure that any person using a Card(s) 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 Account Holder shall forthwith report the same to the operator of the Site.
Signature of and/or use of a Card by the Account Holder or by an Authorised User constitutes application of these terms and conditions to the transaction thereby effected and the Account Holders agreement to pay DCI for any Products supplied to the Account Holder or an Authorised User by various Sites within the Republic of Ireland.
Use of the Card is restricted to the Account Holder or any Authorised User and remains valid until the date of expiry stated on the Card(s) or prior cancellation. The Authorised User must either sign their name or enter their vehicle registration number (not both) onto the panel on the reverse of the Card(s). The Authorised User will be presented with a voucher and must (a) check that the details appearing on the voucher are correct and (b) sign the voucher or provide the authorised selling agent with a valid PIN, but neither a failure to do so nor the breach of any conditions herein, shall relieve the Account Holder of liability to DCI for any supply made to the Account Holder or an Authorised User.
Statements will be sent to the Account Holder on a weekly basis, or on such other basis as may be specified by DCI from time to time. The Account Holder will pay DCI by Direct Debit no later than 14 days after the statement date or as otherwise agreed between the Account Holder and DCI from time to time. If payment of the whole amount is made later than the agreed date, DCI reserves the right to charge interest at the rate of 3% per month above the base rate of Barclays Bank plc or part of the month (as well as before any judgement) on any balance outstanding on the next payment date until settlement is received. If a direct debit drawn by DCI on the Account Holders accounts is returned unpaid or a cheque sent by the Account Holder to DCI is returned unpaid then the Account Holder shall pay DCI an administration fee each time it occurs. If DCI is unable to produce a statement, the Account Holders normal statement date will be used for the purpose of calculating interest and establishing the date upon which payment is due.
- E – Billing
All Account Holders will have the option of either a hard copy invoice or electronic invoice. For any Account Holder requesting to receive invoices via e-mail the following terms and conditions are deemed to have been accepted. E-Bill Terms and Conditions of use – Issue 1 Valid as at 01/01/03. 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 (E-Bill) or the provision of access to such a document will be sent or provided on behalf of DCI weekly or at such other times as agreed by DCI. Invoicing by means of an E-Bill will be without additional charge to the account holder (referred to below as “the CUSTOMER”), although DCI reserves the right to vary these terms or to revert to invoicing by traditional postal means without notice. The first E-Bill, following registration, will be sent electronically and by hard copy format. Thereafter the customer will receive only the E-Bill, however at any time should the CUSTOMER wish to revert back to paper billing it is the CUSTOMER’s responsibility to advise DCI. If any E-Bill fails to reach the e-mail address specified in the E-Bill request or any subsequently advised e-mail address, or any loss or corruption of information occurs (whether due to the CUSTOMER’s computer equipment, routing failure of the E-Bill or for any other reason whatsoever) it is the CUSTOMER’s responsibility to advise DCI and no such failure or loss shall affect the CUSTOMER’s liability for making payment of all amounts properly due from the CUSTOMER to DCI on or before the due date for payment. For the avoidance of doubt the CUSTOMER is responsible for informing DCI of all changes to the CUSTOMER’s administration data, which includes the destination e-mail address of the E-Bill. The CUSTOMER is responsible for informing DCI by e-mail should any corruption or other failure of any transmission occurs. The CUSTOMER is responsible for informing their local tax office, if required, of their intention to receive invoices electronically. DCI E-Bills require Adobe® Acrobat® Reader™, which is available free of charge. The maintenance and procurement of this software is the responsibility of the customer. ALL CUSTOMER queries relating to any fuel cards, invoices or E-Bill will only be accepted at firstname.lastname@example.org or such other address as notified by DCI from time to time, by phone on 028712121 or by post at Diesel Card Ireland Limited, Unit 42 Campsie Real Estate, McLean Road, Eglinton, Co. Derry BT47 3XX.
Payments by the Account Holder and any credits or refunds due will be applied first in payment of any interest due, and secondly in reduction of the Account Holders other indebtedness to DCI. No claim by the Account Holder against any Site or other supplier shall be the subject of any set-off or counter-claim against DCI.
- Card Use
(a) The Card may only be used by the Account Holder or the Authorised User and the Account Holder is responsible for the safe keeping of the Card and the prevention of unauthorised use.
(b) The Card may only be used to obtain the Products at the Sites.
(c) The Card remains the property of DCI at all times and may only be used up to the noted expiry date.
(d) DCI may cancel a Card at any time without notice or refuse to issue a replacement Card.
(e) On cancellation or termination of this Agreement, the Account Holder shall return all issued Cards to DCI within 7 days.
(f) Cancellation of a Card or termination of this Agreement shall be without prejudice to the Account Holders liability in respect of the use of the Card(s) prior to such termination or cancellation.
(g) Possession of the Card does not confer any right on the Account Holder to receive the 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 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 Account Holder DCI will endeavour to obtain copy receipts from Sites.
(k) DCI shall be entitled to charge a fee of £10.00/€14.00 as per the transaction query portal plus VAT for each copy receipt provided (or such other reasonable fee as DCI 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 DCI 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.
- Lost or Stolen Cards
(a) If a Card(s) is lost or stolen (including constructive theft as a result of any person in possession of a Card having ceased to be an Authorised User through termination of employment or otherwise) the Account Holder must immediately notify DCI by email, fax or registered post at Diesel Card Ireland Limited, Diesel Card Ireland Centre, Unit 42 Campsie Real Estate, McLean Road, Eglinton, Co. Derry BT47 3XX or at such address DCI may specify from time to time. Notification must be received prior to 15:00 hours in order to be accepted as firm notification on the day of receipt. Any e-mail, fax or registered post received after 12.00 midday will be deemed to have been accepted as notification on the following working day (Monday to Friday, excluding Bank Holidays).
(b) The Account Holder will remain liable to DCI for any supplies of Products arising from the use of such lost or stolen Cards by any person until 9.00am on the following working day after the day on which notification is received by DCI. After such time, and provided that this Clause is complied with in full, the Account Holder shall have no further liability for purchases of Products resulting from the use of the Card other than for purchases by the Account Holder or any Authorised User. However, no such releases of liability will be given to the Account Holder if it can be established on the balance of probabilities that
- i) the Account Holder or the Authorised Signatory gave the relevant Card to an unauthorised person;
- ii) the loss of Card was due to the gross negligence of either the Account Holder or the Authorised User; or
iii) the Account Holder or the Authorised User failed to adhere to a request made by DCI or its representative to destroy or return the Card to DCI or iv) the Account Holder was in breach of any of the terms and conditions of this Agreement.
(a) The Account Holder shall immediately notify DCI of any change to the Account Holder’s address.
(b) DCI may vary or add to the terms of this Agreement at any time provided that notice of such variation or addition is served in writing. Any use of the Card(s) by the Account Holder or the Account Holders authorised representative after such notice has been served on the Account Holder shall be construed as acceptance by the Account Holder of such variation or addition.
(c) Unless DCI expressly states otherwise in connection with any particular promotions, the Card does not entitle the Account Holder to participate in any of DCI special offers that may be available from time to time.
(d) The Account Holder gives permission to DCI 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.
(f) Without prejudice to the provisions of Clause 8 (a) all monies due and owing by the Account Holder to DCI shall become due and payable immediately if DCI shall find out that any of the information provided by the Account Holder in connection with the application is false or incomplete or if the Account Holder shall be in breach of these terms and conditions.
- Liability of DCI
(a) DCI accepts no liability and gives no warranty, express or implied, whether arising by common law or statute in relation to any transaction by or Product supplied to the Account Holder by virtue of entering into this Agreement with the Account Holder.
(b) DCI accepts no responsibility and shall not be liable to the Account Holder for any failure and/or refusal and/or delay on the part of any Site to accept a Card or to supply Products, or the way in which that failure, refusal and/or delay is communicated.
DCI shall (but the Account Holder shall not) be entitled to assign or transfer all or any of its rights and obligations hereunder.
- 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.