Fuel Cards Terms and Conditions
Certas Energy UK Limited (“Certas Energy”) Fuel Card Terms & Conditions
The following terms and conditions
(”Conditions”) shall govern the issue and use of the Cards and the purchase of
Products by an Account Holder, to the exclusion of any other terms. Without
limitation, signing for and/or accepting the Cards and purchasing Products with
the Cards shall signify acceptance of these Conditions.
1.INTERPRETATION
In these Conditions the following
words shall have the following meanings:
“Account” means the
account granted to the Account Holder at any one time in respect of purchases
of Products that the Account Holder or any of its Card Holders may make by use
of the Card(s) that have been issued to it in respect of the Account;
“Account Holder”
means the person, company or partnership acting in the course of its business
and named as the Applicant in the Application Form and in whose name an account
with Certas Energy is opened and maintained and to whom the Cards are issued;
“Application Form”
means the application form sent to or completed and/or signed by or on behalf
of the Account Holder relating to the provision and use of the Cards under
these Conditions’;
“Bunkering Stock”
means the stock of Products maintained in the Networks;
“Card” or “Cards” means any cards issued by Certas Energy, whether
in its own name on under any of its Trading Names to the Account Holder for the
purpose of purchasing Products from the Networks;
“Card Holder” means
any person named by the Account Holder as authorised to hold and/or use a Card
issued to the Account Holder including without limitation, Account Holder’s
named employees, subcontractors or any other person acting on behalf of the
Account Holder;
“Conditions” means
these conditions, as amended by Certas Energy from time to time;
“Credit Limit” means
the maximum amount expressed in monetary terms which Certas Energy may from
time to time specify to an Account Holder as being the limit of purchases of
Products that may from time to time be on the Account;
“Network” means a
network of Sites through which Certas Energy works;
“Payment Terms” as
agreed between Certas Energy and the Account Holder;
“Products” means
diesel fuel, petrol, lubricant or gas oil or any other product which may become
available at a Certas Energy bunker site;
“Price” unless
otherwise agreed, means the prices for the Products as per Certas Energy
prevailing rates at any one time which prices will vary as a result of changes
in the market conditions on a weekly basis, set weekly in advance on every
Monday of the week, or if bank holiday, on the first business day of the week,
or at any other intervals as Certas Energy may notify;
“RDCO” means a
registered dealer in controlled oil as defined within regulation 4 of the
Hydrocarbon Oil (Registered Dealers in Controlled Oil) Regulations 2002;
“Site” means a site
authorised by Certas Energy from which Products are available; and
“Trading Names” means
the trading names of Certas Energy UK Limited at any one time, up-to-date list
of which is available from Certas Energy on request.
2.APPLICATIONS AND SUPPLY OF PRODUCT
2.1 Any acceptance of any applications by an Account Holder for Cards and their issue shall be at the absolute discretion of Certas Energy.
2.2 All requests for Cards by the Account Holder must be made in writing and signed by a duly authorised representative of the Account Holder.
2.3 Any Card Holder shall be deemed to have been given the requisite authority to use the Card(s) as a duly authorised representative of the Account Holder and the Account Holder shall ensure that each Card Holder shall comply with these Conditions.
2.4 All delivery addresses for Cards other than those notified to Certas Energy in the Application Form, must be confirmed in writing and Certas Energy may require proof of trading from such addresses in order to comply with its “Know Your Customer” onboarding process and anti-money laundering legislation.
2.5 Certas Energy may require the Account Holder to provide name, address and other personal details of relevant directors, shareholders, partners or other parties interested in the business for their identities to be verified for the purpose of complying with its “Know Your Customer” onboarding process and anti-money laundering legislation.
2.6 All requests for Products using a Card shall be deemed to be an offer and shall be accepted at the absolute discretion of Certas Energy.
2.7 A Card may only be used by a Card Holder:
2.7.1 if it is a current Card which has not expired, been cancelled or been reported as lost or stolen;
2.7.2 by an authorised Card Holder to obtain Products from a Network;
2.7.3 to obtain Products up to the Credit Limit; and
2.7.4 if the Card Holder inputs the PIN where supplied and as required at any Site. Please note a PIN is not always required at some Sites on the Network, and instead a valid signature must be provided.
2.8 Title to the Products (both legal and equitable) shall remain with Certas Energy until full payment with cleared funds of all monies due from the Account Holder to Certas Energy under all contracts between them has been made. Notwithstanding the foregoing, the Account Holder may use the Products in the ordinary course of its business before Certas Energy receives full payment for the Products.
2.9 All Products are offered for sale at the Sites subject to availability.
2.10 Risk of damage to or loss of the Products including without limitation any damage to or loss of any Bunkering Stock shall pass to the Account Holder upon the Products being dispensed at any Site.
2.11 Details of Sites, available Products and Site surcharges (where applicable) can be obtained from Certas Energy on request. The location and surcharges of the Sites may vary from time to time and the Account Holder is advised to review such details regularly. Whilst Certas Energy will use its reasonable endeavours to supply the required Products and to ensure that the list of Sites is accurate no warranty can be given that any or all of the Products are available at any particular Site and no liability is accepted in relation thereto.
2.12 Where the Products include RDCO-controlled fuels, such as gas oil, it is a condition of such supply that the Account Holder shall provide Certas Energy with a statement of use and VAT number. The Account Holder warrants that the statement of use is accurate in all respects and applies to all Card Holders. Refusal to provide Certas Energy with a statement of use and company VAT number upon request prohibits the supply of such RDCO-controlled Products and Certas Energy may immediately terminate this Agreement in whole or in part.
2.13 The Account Holder shall notify Certas Energy immediately in the event of any change to the statement of use provided under clause 2.12. Failure to notify shall constitute a material breach of this Agreement.
2.14 In the event that any errors occur in terms of the Products taken, the Account Holder shall immediately notify Certas Energy of such errors.
3.PRICE
3.1 Certas Energy may charge a fee per card to the Account Holder for issue of any Card either on setting up of the account or upon the twelve month anniversary or renewal of the Card.
3.2 The purchase of all Products will be charged at the Price, up to date details of which are available from Certas Energy on request, or if so agreed with Certas Energy in writing, details of which will be notified to the Account Holder at the intervals at which they change.
3.3 All Prices are exclusive of all government or other taxes, duties, levies charges, surcharges, assessments or impositions where applicable which shall be payable by the Account Holder in addition to the Price at the appropriate rate (as varied from time to time) when payments are due.
4. PAYMENT TERMS
4.1 The Price payable by the Account Holder for the Products purchased by its Card Holders will be invoiced to the Account Holder on a weekly basis or at such alternative intervals as may be decided by Certas Energy from time to time in its ultimate discretion. Each invoice shall be accompanied by a statement identifying all transactions made by the Cards within the invoiced period. Where appliable, each invoice shall also include details of charges relating to CarbonTrace.
4.2 Payment of all invoices shall be made by direct debit on the account of the Account Holder within 14 days of the date of the invoice(s), or as may otherwise be agreed in writing (including via email) between Certas Energy and the Account Holder from time to time. In order to comply with the direct debit requirement the Account Holder shall at all times:
4.2.1 maintain a bank account capable of accepting direct debit;
4.2.2 keep Certas Energy provided with an effective direct debiting mandate against such account;
4.2.3 ensure that every direct debit properly instanced by Certas Energy against such account is duly met failing which Certas Energy shall be entitled to exercise its rights under Condition 6.3 and/or 6.4.
4.3 Certas Energy reserves the right to charge the Account Holder interest on overdue amounts (before as well as after judgement) at the annual rate of 5% above the base rate of National Westminster Bank plc. payable from the due date until the date full payment has been received. Certas Energy reserves the right to claim interest under the Late Payment of Commercial Debt (Interest) Act 1998.
4.4 All payments made by the Account Holder shall be applied first in settlement of any interest due to Certas Energy and secondly by Certas Energy in its absolute discretion in reduction of any amount due to Certas Energy on any account whatsoever.
5. NO SET OFF
To the extent permitted by applicable law, no set off or counter claim against Certas Energy shall be made in respect of any sums due to Certas Energy under this agreement by the Account Holder.
6. TERMINATION
6.1 Upon the insolvency of the Account Holder (including without limitation bankruptcy, compulsory or voluntary liquidation, having a receiver or administrator or administrative receiver appointed over all or part of its property or business, or being unable to pay its debts as they fall due) or if the Account Holder is in breach of any of these Conditions then Certas Energy shall be entitled to exercise its rights under Condition 6.4 and 6.5.
6.2 Either party may terminate this agreement by giving 14 days prior written notice to the other party, upon expiry of which clauses 6.4 and 6.5 shall apply.
6.3 If the credit insurance arranged by Certas Energy to cover the Account Holder is revoked for a reason directly connected with a deterioration in the Account Holders credit rating and the Account Holder has not provided reasonable alternative security within 10 working days of being notified in writing of revocation of the credit insurance arrangement, Certas Energy shall be entitled to terminate this Agreement immediately and exercise its rights under Conditions 6.4 and 6.5.
6.4 Where this Condition is deemed to apply the total outstanding balance on the Account Holders account and all other amounts due from the Account Holder to Certas Energy on any account whatsoever shall immediately become due and payable in full and the right to use the Cards shall automatically cease with immediate effect, Certas Energy shall have a right to cancel the Cards and the Account Holder shall return all Cards to Certas Energy within 7 days.
6.5 If the Account Holder has a Bunkering Stock then Certas Energy shall be entitled to repossess all or part of such Bunkering Stock at cost in satisfaction of all or part of any overdue amounts or other amounts due from the Account Holder and the Account Holder hereby agrees to pass title to such Bunkering Stock to Certas Energy for such purpose.
6.6 Certas Energy shall be entitled to terminate this Agreement immediately if the Account Holder fails to make payment by the due date and, having been notified of that fact, fails to remedy the non-payment within 14 days of said notification. The Account Holder shall indemnify Certas Energy against all expenses and legal costs incurred by Certas Energy in recovering overdue amounts.
7. JOINT AND SEVERAL LIABILITY
Where the Account Holder consists of two or more persons then all obligations of such Account Holder shall be joint and several obligations of such persons.
8. USE OF CARDS
8.1 Each Card will be valid for use by the Card Holder up to the expiry date of the card (new Cards to be issued as appropriate), provided that Certas Energy may cancel a Card or refuse to issue a replacement Card where:
8.1.1 fraudulent or unauthorised use of any Card is suspected or occurs;
8.1.2 any security (including but not limited to credit insurance arranged by Certas Energy to cover the Account Holder) is withdrawn, cancelled or revoked for a reason directly connected to a deterioration or anticipated deterioration in the Account Holder’s credit rating and the Account Holder has failed to provide reasonable alternative security within10 (ten) working days of being notified in writing of such; or
8.1.3 the Account Holder or any Card Holder is in material breach of any of the Conditions and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing of the breach; or
8.1.4 if Certas Energy receives a credit reference (which the Account Holder agrees Certas Energy may carry out from time to time) which in Certas Energy’ reasonable opinion is unsatisfactory; or
8.1.5 the Account Holder fails to make payment by the due date and, having been notified of that fact, fails to remedy the non-payment within 14 days of said notification.
8.2 The request for return or cancellation or suspension is without prejudice to the Account Holders liability in respect of any use of any Cards prior to the actual return of the relevant Cards.
8.3 Each Card shall remain the property of Certas Energy at all times, however all risk of loss for a Card will pass to and be borne by the Account Holder from the date of dispatch of the Card.
8.4 The Account Holder shall ensure that any Card Holder shall not tamper with or try to alter or interfere with the fuel monitoring device or fuel delivery equipment at any Site and the Account Holder shall be responsible for any such actions. In the event there appears to be a defect or fault in such monitoring or fuel delivery equipment the Card Holder shall forthwith report the same to Certas Energy or operator of the Site.
8.5 Each Card may only be used by the Card Holder who shall be responsible for the safe keeping of the Card and the prevention of unauthorised use.
8.6 Prior to entering into any transaction in relation to the purchase of Products the Card Holder shall present the Card to the operator of the Site.
8.7 Cards that identify vehicles are used as a management information tool to be used correctly by Card Holders. Such cards do not provide additional security. The Account Holder shall be liable to pay Certas Energy for all amounts due under the transactions attributable to the Cards issued in respect of the Account, including where the transaction is in respect of a vehicle other than that identified on the Card, or where the Card(s) have been used by a person other than a Card Holder.
8.8 Mileage and vehicle identity records are for management information, each Card Holder must record the correct details on each transaction. Certas Energy will not be responsible for any inaccuracies in the reports.
8.9 If any requirements stated in these Conditions are not complied with by any Card Holder or any Card is used other than in accordance with these Conditions, the Account Holder shall nevertheless remain liable for all amounts incurred on any Account and/ or subsequent to any Card transactions, notwithstanding that such transactions may have been unauthorised.
9. CARD SECURITY
9.1 The Account Holder is responsible for, and shall procure that the Card Holder shall take all necessary steps to ensure, the security and proper use of the Card.
9.2 A four-digit PIN number may be allocated to each Card. Access to the purchase of Products will be controlled by the use of the PIN number at all Sites where a PIN is required (subject always to clause 9.5).
9.3 The Account Holder shall procure that the Card Holder shall keep the PIN number confidential, use it properly and shall not disclose it to any unauthorised person and that PIN numbers shall at all times be kept entirely separate from the Card and not written on the Card.
9.4 Should any Card Holder forget the PIN number then they should contact the Account Holder who should contact Certas Energy for a new PIN number subject to the satisfaction of certain security checks.
9.5 While all Certas Energy Sites will require the use of a PIN number to purchase Products, it is acknowledged that some non-Certas Energy Sites on the network do not use a PIN to authorise a Card and instead require the signature of the Card Holder in order to purchase Products. It is entirely at the discretion of the Account Holder whether it permits Card Holders to make purchases without the requirement to enter a PIN number and Certas Energy accepts no liability for any such transactions made.
9.6 While all Certas Energy Sites have anti-card cloning security measures in place, it is acknowledged that Cards may be used at network Sites over which Certas Energy has no control over Site security and that Certas Energy shall not be responsible for any acts of card-cloning that occur at such Sites. The Account Holder is responsible for advising its Card Holders of best practice procedures to mitigate the risk of card-cloning and similar fraudulent activities.
9.7 The Account Holder shall, and shall procure that the Card Holder shall, immediately notify Certas Energy if it or they believe, or have any reason to believe, that any Card PIN number has become known to someone not authorised to use it, or if any PIN number is being used, or is likely to be used, in an unauthorised way, or if any Card is, or is believed to have been, lost, stolen, cloned or otherwise compromised. The Account Holder or Card Holder will notify Certas Energy by emailing fuelcardsupport@certasenergy.co.uk, or by calling 0345 608 8003, or by recorded delivery to the address notified by Certas Energy from time to time (if not such address is notified: Certas Energy UK Ltd, National Fuel Card Depot, 10 Lyons Road, Trafford Park, Manchester M17 1RN).
9.8 The Account Holder shall, and shall procure that the Card Holder shall, immediately notify the police and obtain a crime reference number if it or they believe, or have any reason to believe, that a Card has been stolen or cloned. The crime reference number shall, upon being obtained, be provided to Certas Energy in writing using any of the contact details in clause 9.7.
9.9 The Account Holder shall remain liable for all transactions made with a Card for a period expiring at the end of the second working day following the day on which notification is received in accordance with clause 9.7 and clause 9.10.
9.10 The Account Holder may at any time request in writing the cancellation of any Cards issued to it, such cancellation shall be effected by Certas Energy within 48 hours from receipt of such notice.
9.11 Any Card placed on stop for any reason must be withdrawn from service immediately, cut in half and returned to Certas Energy. Any Card not returned will be subject to a charge of £12.00 per Card.
10. LIABILITY OF CERTAS ENERGY
10.1 Nothing in these Conditions shall exclude or limit the liability of Certas Energy for death or personal injury caused by Certas Energy negligence or fraudulent misrepresentation Subject to 10.1 Certas Energy accepts no liability and gives no warranty, express or implied (to the extent permissible by law), whether arising by common law or statute in relation to any transaction entered into by an Account Holder or Card Holder or in respect of any Product supplied in connection with this agreement.
10.2 Subject to clause 10.1 Certas Energy accepts no responsibility and shall not be liable to the Account Holder in respect of any transactions entered into prior to the expiry of the notification period set out in clause 9.9.
10.3 Subject to 10.1 Certas Energy accepts no responsibility and shall not be liable to the Account Holder for a failure (for whatever reason) on the part of an automatic dispensing pump to dispense Products at a Site.
10.4 Certas Energy shall not be liable to the Account Holder in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof in connection with the supply or non-supply of any Products or any use or non-use of a Card or in connection with any obligations of Certas Energy under these conditions for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Account Holder’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever.
10.5 Subject to 10.1, Certas Energy’s aggregate liability to the Account Holder in respect of each claim or series of claims arising out of or in connection with the use of a Card (including without limitation as a result of breach of contract, negligence or any other tort, under stature or otherwise) will be limited to a maximum of £5,000.
10.6 The parties acknowledge that the Agreement reflects a fair allocation of risk and that the fees payable reflect the risk borne by the parties.
11. RESALE
Except where expressly agreed in writing by Certas Energy, Products purchased against any Card shall not be used by the Card Holder and/or the Account Holder for any purpose other than for fuel or lubricant (as appropriate) in the Account Holder’s own or contracted vehicles and shall not be resold or otherwise disposed of to any other persons.
12. INDEMNITY
12.1 The Account Holder 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 to any instructions warnings or suggestions concerning the methods whereby or the conditions whereupon they should be used or handled contained or referred to in Certas Energy 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.
12.2 Subject to clause 12.1, the Account Holder shall indemnify Certas Energy in respect of any loss or liability whatsoever suffered or incurred by Certas Energy by reason or any breach by the Account Holder and/or Card Holder of the foregoing, or by reason of any failure by the Card Holder himself to comply with the warnings, suggestions or instructions referred to in this clause.
13. CARBONTRACE
13.1 Certas will automatically provide the Account Holder with a document detailing the Account Holder’s Carbon Dioxide (CO2) / GHG emissions data, calculated in accordance with the UK Government GHG Conversion Factors (GHG Conversion Factors), in the form of a certificate (Certificate) relating to fuel usage shown on the previous invoice. The Account Holder will be charged an amount per Certificate for CarbonTrace payable in accordance with Condition 4, unless the Account Holder contacts Certas Energy UK Ltd in writing to opt out of this service.
13.2 Whilst every care is taken in producing the Certificate, Certas Energy UK Ltd accepts no liability arising from any inaccuracies discovered in respect of the calculation of the Account Holder’s Carbon Dioxide (CO2) / GHG emissions data and the submission of such data.
13.3 The Account Holder can opt out of the CarbonTrace service at any time. Please contact fuelcardsupport@certasenergy.co.uk or write to us at the address notified by Certas Energy UK Ltd to the Customer from time to time or, if no such address is notified, at Certas Energy UK Ltd, National Fuel Card Dept, 10 Lyons Road, Trafford Park, Manchester, M17 1RN.
14. FORCE MAJEURE
14.1 Any obligation of Certas Energy to supply Products to the Account Holder shall be suspended and Certas Energy shall be relieved of its obligations and liabilities to supply any Products in the event of any direct or indirect cause or circumstances whatsoever reasonably outside Certas Energy control including without limitation the non-movement of Products due to public blockades, industrial action or trade dispute (including by and with Certas Energy own employees) Government intervention or restriction, acts of God, import or export regulations, war, riots, power failure, fire, flood and any event which hinders or prevents Certas Energy from obtaining Products from its usual sources of supply.
14.2 On the occurrence of any of the circumstances mentioned in Condition 14.1 above Certas Energy shall determine (and may from time to time re-determine) the extent (if any) to which supplies to the Account Holder 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.
14.3 As soon as practicable after the circumstances mentioned in Condition 14.1 above cease Certas Energy shall inform the Account Holder of the resumption of supplies.
14.4 For the avoidance of doubt, the Account Holders inability to pay and/or the failure or contraction of its markets shall not constitute a force majeure event in respect of which it is entitled to rely upon under this clause.
15. GENERAL
15.1 This agreement shall not be assignable in whole or in part by the Account Holder without prior written consent of Certas Energy.
15.2 The Account Holder shall immediately notify Certas Energy in writing of any change to the Account Holder’s address.
15.3 Certas Energy may vary or add to the Conditions from time to time. Changes to the Conditions will be communicated on invoices and at https://certasenergy.co.uk/policies/fuel-cards-terms-conditions. The Account Holder is advised to check these regularly. Any use of the Card by the Account Holder or any Card Holder constitutes acceptance of such Conditions and any amendments.
15.4 Unless Certas Energy expressly states otherwise in connection with any particular promotions, the Card does not entitle the Card Holder to participate in any of Certas Energy special offers that may be available from time to time.
16. INFORMATION
16.1 The Account Holder gives permission to Certas Energy to carry out enquiries with respect to opening an account. This may include without limit the searching of the Account Holder’s records at one or more credit reference agencies. Such search details will be added to your record and may be seen by other organisations that make searches. Further details can be found in the Certas Energy privacy policy at: https://certasenergy.co.uk/policies/privacy-policy/ .
16.2 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 tracking of debtors.
16.3 It is important that Certas Energy is provided with accurate information. If the Account Holder or Card Holder has given Certas Energy false, misleading or inaccurate information and Certas Energy suspects fraud, it will record this with the agency.
16.4 Fraud prevention agencies’ records will also be shared with other organisations to help make decisions on motor and household credit, life and other insurance proposals and insurance claims.
16.5 The Account Holder acknowledges that it is entitled to have details of those credit reference agencies and fraud prevention from whom Certas Energy obtain and to who Certas Energy pass information about the Account Holder. The Account Holder has a legal right to these details and a right to receive a copy of the information held by Certas Energy about it, by applying to Certas Energy in writing.
17. JURISDICTION & LAW
This agreement is governed by the Law of England and the parties submit to the exclusive jurisdiction of the English Courts
