Definitions

  • In these conditions “The Company” means King Oil.
  • “Network” means the Network of bunkering sites through which the Company works
  • “Card” means the card issued by the Company to the Cardholder.
  • “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.

Payment

  • A statement of amounts charged to the Cardholders account will be send to the Cardholder on a monthly basis or on any other basis as agreed between the Company and the Cardholder from time to time.
  • Payment shall be made by way of direct debit on the account of the Cardholder on or by the due date of the month following invoice – direct debits will be taken out as follows: 1st-15th debited on the 29th of said month 16th – 30th/31st debited on the 13th day of following month.
  • If for any reason the Cardholder has not paid the full statement 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 Bank of Ireland. This would be payable from the original date due until full payment has been made.

Pricing

  • The Company can sell product to the Cardholder from the Network sites.
  • The price of this product will be agreed between the Company and the Cardholder from time to time.
  • The Company can charge an administration fee agreed between the Company and the Cardholder from time to time.
  • The Company has the right to charge an annual Card Fee of €10.00.

Card Use

  • The Cardholder is responsible for the safe-keeping of the Card.
  • The Cards may only be used to obtain Diesel, Fuel and Gas Oil from the designated Network sites.
  • The Card the property of the Company at all times.
  • The Company may cancel a Card at any time without notice or refuse to issue a replacement card.
  • On cancellation or termination of this agreement the Cardholder shall return all the issued Cards to the Company within 7 days.

Lost or Stolen Cards

  • If a Card is lost or stolen the Cardholder must immediately notify the Company by telephone at such address as the Company may specify from time to time. This must be followed by written confirmation (by post, email or fax) within one working day.
  • The customer shall continue to be responsible for all transactions made with the lost or stolen card for a period expiring at the end of second day after the day on which notification is received in accordance with clause 5(a) save that no such release from responsibility will be given to the customer if it can be established on the balance of probabilities that:
  • The customer or the customer’s authorized representative gave the relevant card to an unauthorized person; or
  • The loss of the card was due to the gross negligence of either the customer or the customer’s authorized representative; or
  • The customer or the customer’s authorized representative failed to adhere to a request made by the Company or its representative to destroy or return the card to the Company.
  • Replacement of the card is €10.00.

PIN Numbers

  • A 4 digit PIN Number will be allocated to each Card on request by the Cardholder.
  • PIN Numbers will be treated as confidential information and should at all times by kept entirely separate from the cards. If a PIN Number is disclosed to an unauthorized person the Cardholder must immediately notify the Company as per condition (5).

Responsibilities

  • The Company accepts no responsibility and gives no warranty, express or implied, and whether arising by common law or statute in relation to any product supplied to the customer other than to give warranty as to the title in the product supplied.
  • The Company accepts no responsibility and shall not be liable to the customer for a failure (for whatever reason) on the part of an automatic dispensing pump to dispense product at a Company site.

General

  • The Cardholder shall immediately notify the Company of any change of the Cardholders address.
  • The Company may amend or add to these conditions at any time subject to the requirements of statute. The Company shall give the Cardholder thirty (30) days notice in writing of such amendments or additions.

Relevant Law

This Agreement shall be constructed in accordance with Irish Law and the parties submit to the exclusive jurisdiction of the Irish Courts.