Glen Fuels Domestic Fuel Card - Terms and Conditions

1.    Definitions
(a) In these conditions Glen Fuels means Glen Fuel Services Limited and its
successors.
(b) ‘Topaz’ means Topaz Energy Limited and its successors and assigns.
(c) ‘Site’  means  any  Topaz  location  holding  a  Fuel  Card  Services  franchise agreement and thereby acting as an authorised selling agent.
(d) ‘Card’  means  the  Topaz  Diesel  Card  or  Topaz  Fleet  Card  issued  by Glen  Fuels  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.
(e) 'Account  Holder’  means  the  person  in  whose  name  the  account  is maintained.
(f) ‘Authorised User’ means the person or persons the Account Holder has authorised to sign or use the Card(s).
(g) ‘Credit  Limit’  means  the  maximum  amount  expressed  in  money  terms which Glen Fuels 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.
(h) References   to   person   shall   include   individuals,   partnerships,   firms, companies,  organisations  or  any  other  entities  (whether  or  not  having  a  
separate legal personality).

2.  Applications
(a) All applications for the issue of a Card(s) shall be at the absolute discretion of Glen Fuels.
(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 24 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 dispatch 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.

3. Authorisation
(a) Signature of and/or use of a Card by the Account Holder or  Authorised User constitutes application of these terms and conditions to the transaction
thereby effected and the Account Holders agreement to pay Glen Fuels for any Products supplied to the Account Holder or an Authorised User by various Sites within the Republic of Ireland.

4. Use

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 must  sign  a  voucher  as  to  each  purchase  and  check  that  the  details appearing on the voucher are correct, but neither a failure to do so nor the  breach  of  any  conditions  herein,  shall  relieve  the  Account  Holder  of liability  to  Glen  Fuels  for  any  supply  made  to  the  Account  Holder  or  an  Authorised User.

5.    Accounts
Statements will be sent to the Account Holder on a weekly/monthly basis.
The  Account  Holder  will  pay  Glen  Fuels  by  Direct  Debit  no  later  than 14 days after the invoice date or as otherwise agreed between the Account
Holder and Glen Fuels from time to time.
If  payment  of  the  whole  amount  is  made  later  than  the  agreed  date, Glen  Fuels  reserves  the  right  to  charge  interest  at  the  rate  of  3%  per month  above  the  base  rate  of  A.I.B.  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  Glen  Fuels  on  the  Account  Holder’s  accounts is  returned  unpaid  or  a  cheque  sent  by  the  Account  Holder  to Glen  Fuels  is  returned  unpaid,  then  the  Account  Holder  shall  pay Glen Fuels an administration fee each time it occurs.
If  Glen  Fuels  is  unable  to  produce  a  statement,  the  Account  Holder’s normal statement date will be used for the purpose of calculating interest and establishing the date upon which payment is due.

6. 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 Glen Fuels by email, fax or registered post at Glen Fuel Services Ltd., Kilmacanogue, Bray, Co. Wicklow. 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  15:00  hours  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  Glen  Fuels  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 Glen Fuels. 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.
iii) The  Account  Holder  or  the  Authorised  User  failed  to  adhere  to  a request made by Glen Fuels or its representative to destroy or return the Card to Glen Fuels.
iv) The Account Holder was in breach of any of the terms and conditions of this Agreement.

Glen Fuels Commercial Fuel Card - Terms and Conditions

1. Definitions
(a) In these conditions Glen Fuels means Glen Fuel Services Limited and its successors.
(b) ‘Topaz’ means Topaz Energy Limited and its successors and assigns.
(c) ‘Site’   means  any  Topaz  location  holding  a  Fuel  Card  Services  franchise agreement and thereby acting as an authorised selling agent.
(d) ‘Card’   means  the  Topaz  Diesel  Card  or  Topaz  Fleet  Card  issued  by Glen  Fuels  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.
(e) ‘Account  Holder’   means  the  person  in  whose  name  the  account  is maintained.
(f) ‘Authorised User’ means the person or persons the Account Holder has authorised to sign or use the Card(s).
(g) ‘Credit  Limit’ means  the  maximum  amount  expressed  in  money  terms which Glen Fuels 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.
(h) References   to   person   shall   include   individuals,   partnerships,   firms,  companies,  organisations  or  any  other  entities  (whether  or  not  having  a separate legal personality).

2. Applications
(a) All applications for the issue of a Card(s) shall be at the absolute discretion of Glen Fuels.
(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 24 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 dispatch 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.

3.Authorisation
(a) Signature of and/or use of a Card by the Account Holder or  Authorised User constitutes application of these terms and conditions to the transaction thereby effected and the Account Holders agreement to pay Glen Fuels for any Products supplied to the Account Holder or an Authorised User by various Sites within the Republic of Ireland.

4. Use
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  must  sign  a  voucher  as  to  each  purchase  and  check  that  the  details  appearing on the voucher are correct, but neither a failure to do so nor the  breach  of  any  conditions  herein,  shall  relieve  the  Account  Holder  of  liability  to  Glen  Fuels  for  any  supply  made  to  the  Account  Holder  or  an Authorised User.

5. Accounts
Statements will be sent to the Account Holder on a weekly/monthly basis. The  Account  Holder  will  pay  Glen  Fuels  by  Direct  Debit  no  later  than 14 days after the invoice date or as otherwise agreed between the Account Holder and Glen Fuels from time to time. If  payment  of  the  whole  amount  is  made  later  than  the  agreed  date, Glen  Fuels  reserves  the  right  to  charge  interest  at  the  rate  of  3%  per month  above  the  base  rate  of  A.I.B.  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  Glen  Fuels  on  the account  Holder’s  accounts is  returned  unpaid  or  a  cheque  sent  by  the  Account  Holder  to Glen  Fuels  is  returned  unpaid,  then  the  Account  Holder  shall  pay Glen Fuels an administration fee each time it occurs. If  Glen  Fuels  is  unable  to  produce  a  statement,  the  Account  Holder’s normal statement date will be used for the purpose of calculating interest and establishing the date upon which payment is due.

6. 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 Glen Fuels by email, fax or registered post at Glen Fuel Services Ltd., Kilmacanogue, Bray, Co. Wicklow. 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  15:00  hours  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  Glen  Fuels  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 Glen Fuels. 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.
iii) The Account  Holder  or  the  Authorised  User  failed  to  adhere  to  a request made by Glen Fuels or its representative to destroy or return the Card to Glen Fuels.
iv) The Account Holder was in breach of any of the terms and conditions of this Agreement.

 

 

General

1. All products supplied are chargeable at the market price on the day of dispatch irrespective of the date of the order or the amount of cash sent with the order. All goods are subject to cash with order unless credit is granted by the Glen Fuels. All accounts shall be subject to payment by the 20th day of the month following the month of dispatch of that delivery by the Glen Fuels or any such other terms that may be agreed upon.
2. Prices include Government Tax (if any) (other than Value Added Tax) at the appropriate rate; any variation at any time is for the Customer’s account, Value Added Tax, if applicable, will be charged separately.
3. Where Glen Fuels delivers in bulk it is the Customer’s responsibility to:
   (a) Ensure provision of a safe and suitable bulk storage in compliance in all respects with all the relevant requirements of and/or regulations made by any competent authority.
   
   (b) Ensure that the storage into which delivery is to be made will accommodate the full quantity ordered and in the case of Motor Spirit to produce certification to this effect and also to the effect that the connecting hose is properly and securely connected to the filling point. In this regard the Customer is referred to the regulations currently in force relating to the storage and use of petroleum spirit.
   
   (c) Observe all the conditions of the Customers Petroleum Storage Licence or any other regulations laid down by any competent authority and in particular without limiting the generality of the foregoing in respect of avoidance of smoking, naked lights, stoves, electric or gas fires or radiators to function in proximity to a tank or inlet pipe into which a delivery is being made or a dip pipe/or vent pipe connected to such tank.
   
   (d) The Customer will indemnify Glen Fuels against all damages, claims, expenses or costs which may arise as a result of the customer’s non-observance of these conditions.
4. It is a condition of every bulk sale that the quantity shown by Glen Fuels tank wagon dip rod or other measuring devices employed by the Glen Fuels shall, for the purpose of accounts, be accepted by the Customer as the quantity delivered. The Customer may be represented at the taking of these measurements in order to verify them if he so desires. Glen Fuels cannot accept any responsibility whatsoever for discrepancies in the Customer’s tanks, dip rods or other measuring devices. If on any delivery the Customer or any representative of the Customer whether or not for the purposes of verifying the Company’s measurements or quantity for that delivery mounts any tank wagon used on that delivery the Customer or his representative (as the case may be) shall do so at his own risk and Glen Fuels accepts no responsibility whatsoever therefore.

Passing of Risk:

1. Passing of risk: All goods shall be at the sole risk of the Customer from the moment delivery is made to the Customer’s premises or to any other premises designated by the Customer for delivery of the goods. The deposits charged on Returnable Packages (which remain the property of the seller) are due for payment with the account and will be credited in full on return of such packages in good condition, carriage forward. Other packages on which no deposit is charged are non-returnable.
2. Not withstanding delivery and passing of risk the property and title in the goods shall remain in Glen Fuels and shall not pass to the Customer until the Customer has discharged all sums due by the Customer to Glen Fuels at the date of final handing over of possession of the goods (hereinafter referred to as “all Relevant Sums”) whether such sums shall be due on foot of this transaction or shall be due on foot of some other transaction or transactions between the Customer and Glen Fuels. In such circumstances the following provisions shall apply:
   
   (a)Glen Fuels hereby confers on the Customer the right to sell or otherwise dispose of the goods, subject to as hereinafter provided in the normal course of business. If the Customer (who shall in such case act on his own account and not as agent for Glen Fuels) shall so sell or otherwise dispose of the goods, the Customer shall hold all monies received for such sale or other disposition in trust for Glen Fuels and undertake to maintain an independent account for all sums so received and on request shall provide all details of such sums and accounts. Notwithstanding the property remaining in Glen Fuels, all risks shall pass to the Customer on delivery of the goods to the Customer’s premises and so long as the title in the goods shall remain in Glen Fuels, the Customer shall hold the goods as bailee for Glen Fuels and store the goods safely and suitably so as to clearly show them to be the property of Glen Fuels and identifiable as such.
   
   (b)The Customer hereby authorises Glen Fuels to enter upon the premises of the customer or any other premises designated by the Customer for delivery of the goods to recover possession of the goods at all reasonable times without notice to the Customer. Nothing in this clause shall confer on the Customer any right to return the goods.
   
   (c) Glen Fuels may maintain an action for the price notwithstanding that property and title in the goods shall not have vested in the Customer. Prior to the payment in full of all sums due by the Customer to Glen Fuels under this contract the Customer shall be entitled to use the goods provided above - but may not offer the goods or their proceeds where sold or otherwise disposed of as security for the performance of any obligation of the Customer to any third parties. At any time prior to the Customer paying all relevant sums Glen Fuels may, by notice in writing delivered to the Customer’s last known address or place of business, determine the Customer’s right to use the said goods in the manner detailed above or at all, whereupon the Customer shall forthwith return the goods to Glen Fuels or Glen Fuels may enter the Customer’s premises at all reasonable times for the purpose of recovering the said goods or any part of them. Further, in the happening of any of the events set out below, such event shall forthwith without any necessity for notice, determine the Customer’s right to use, or otherwise dispose of the goods.
   
   (d) Any notice to the Customer that a Receiver or Manager is to be or has been appointed.
   
   (e) Any notice to the Customer that a petition to wind up is to be or has been presented or any notice of any resolution to wind up the Customer (save for the purpose of reconstruction or amalgamation) has been passed.
   
   (f) A decision by the Customer that the Customer intends to make an arrangement with its creditors.
   
   (i) The insolvency of the Customer within the meaning of Section 62 Sub-Section 3 of the Sale of Goods Act1893.
   
   Furthermore and independently of the above, where any of the foregoing provisions do not apply Glen Fuels hereby reserves the right of disposal as provided by Section 19(1) of the Sale of Goods Act 1893. Where credit is granted the contract for the sale of goods is subject to the reservation of the title. If packages returned by the buyer are unfit for the Seller’s immediate use the Buyer shall forfeit as liquidated damages the deposit paid thereon or such lesser sum as the Seller shall in its sole discretion think fit and the Buyer shall be liable for Value Added Tax thereon at the rate applicable by law.

Claims

1. All claims for damage to or partial loss of materials in transit (where appropriate) must be submitted in writing by the Customer to the carrier and Glen Fuels within three days of delivery.
2. All claims for non-delivery of the whole of any consignment or any separate package forming part of a consignment must be submitted in writing by the Customer to the carrier (where appropriate) and Glen Fuels within ten days of the date of the invoice or of advice of dispatch whichever is the earlier.
3. In the event of notification of claims within the times mentioned in (a) and (b) above goods shall be deemed to have been delivered in accordance with the contract.
4. Glen Fuels’ liability for damages arising out of any such claims shall in no event exceed the purchase price of the delivery in respect of which any claim is made. In no circumstances will Glen Fuels be liable for any consequential loss or damage, no matter how arising.
5. Claims the goods are non stated quality can only be considered subject to:
   
   (i) Glen Fuels being notified in writing immediately of such claim.
   
   (ii) Glen Fuels being offered a reasonable opportunity to carry out any inspection and to have a representative present at the time of the extracting of any sample by the Customer from any tank or other container for the purpose of analysis with one part of such sample being delivered to the Company’s representative.

Force Majeure:

In no circumstances will Glen Fuels be liable for any breach of contract due to lockouts, strikes, industrial disputes, shortages of material, delay in transit, accident, unforeseen hindrances or any other cause outside the control of Glen Fuels.

Motor Spirit and Diesel Fuel for Road Vehicles to Commercial Consumers:

Motor Spirit and DERV Fuel are sold exclusively for the Customer’s own use as a Commercial Consumer and are not to be used in private cars, re-sold or transferred to any other person or firm. In the event of any infringement of this condition, Glen Fuels may decline to continue deliveries and may refer the Customer for further supplies to the Ordinary trade channels at full retail price.

Kerosine, Gas, and Fuel Oils to Commercial/Domestic Consumers:

The oil is for the Customer’s own use and not for resale and the Customer undertakes that the oil will not be used as fuel in mechanically propelled vehicles constructed or adapted for use on roads.

Deliveries to ships in respect of which Value Added Tax is shown on Glen Fuels’ invoices at the zero rate are supplied on the basis of a declaration from the Customer or his agents that the ship is going to a place outside the State, in other cases where Value Added Tax is not charged or shown at the zero rate the product must not be used for a purpose which renders it liable to Value Added Tax at any other rate.

The above conditions of supply or any of them cannot be varied, suspended, or added to without the written consent of Glen Fuels. The Seller’s other usual terms and conditions of sale also apply and acceptance of goods will be treated as an acceptance of the Seller’s Conditions.

NOTICE:

The Hydrocarbon oils and marked oils specified in this section of this document have been delivered free of Customs and/or Excise duty, or on rebate of such duty, and must not be used for combustion in the engine of a motor vehicle. Any person so doing renders himself liable for proceedings with penalties.