3.i If the Customer’s application for a Card is accepted by the Company it is on the basis that the Customer agrees to comply and to procure that its Cardholders comply with the terms of this Agreement.

3.ii Signature of a request for issue of a Card, or signature of and/or use of a Card by the Customer or Cardholder, constitutes acceptance of this Agreement by the Customer.

4.i The Customer shall accept and the Company shall provide the Cards in accordance with any written quotation of the Company which is accepted by the Customer or any written order of the Customer which is accepted by the Company subject in either case to these conditions which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any other such order is made or purported to be made, by the Customer.

4.ii The Company’s employees or agents are not authorised to make representations concerning the Cards unless confirmed by the Company in writing. In entering into this Agreement the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.

4.iii Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the application or use of the Cards or the bunker storage facilities which is not confirmed in writing by the Company is followed or acted upon by the Customer entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such recommendation or advice which is not so confirmed.

4.iv Any typographical, clerical or other error or omission in any sales literature, price lists, quotations, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

5. The Company shall, subject to the Customer observing and performing all its obligations under this Agreement, make available to the Customer such number of Cards as the Customer shall reasonably require to enable the Customer to purchase Products and/or Sundry Products from any such authorised supply source as the Company may from time to time operate within the Company’s System. The Customer will pay the Company such amount as may subsequently be fixed by the Company, for each Card so issued.

6. Maxol Fuel Cards are issued as a service to purchasers of Products and/or Sundry Products covered by this Agreement and possession of a Card shall not confer any right or entitlement on the customer to obtain Products and/or Sundry Products from the Company or any associated company or from any Authorised Supply Source.

7. The Card must be signed by the Cardholder, or Authorised Person, and may only be used subject to these terms and conditions of use or any amended version hereof applicable at the time of use. Any agent of the Customer is the Customer’s responsibility and liability.

8. The Card may only be used by the Customer, or Authorised Person, to enable the Customer to obtain Products and/or Sundry Products from an Authorised Supply Source or such other supply source as designated by Maxol from time to time.

9.i Bearer Cards shall have the Customer’s name embossed on the front of the Card and will be marked as a ‘Bearer Card’. Customers shall ensure Cardholders authorised to use the Bearer Cards shall comply with the terms and conditions of this Agreement, any terms set out on the Bearer Card and such other instructions in relation to use of the Bearer Card as shall be give to the Customer by the Company from time to time.

9.ii Customers issued with Bearer Cards undertake to ensure that the Cards are used only by authorised persons as the Customer shall be liable, subject to the terms of this Agreement, for all purchases made on Bearer Cards.

10.i The Customer shall ensure its authorised Cardholders follow all reasonable instructions from the Company relating to the use of the Card, in particular it shall ensure compliance with this Clause 10.i.

10.ii Where the signature of the Cardholder is required – the Cardholder should sign a voucher for any purchase; or where the PIN Code is required – the Cardholder shall enter the PIN Code into the PIN Card pad in accordance with the instructions of the Company, it’s agents or those of an Authorised Supply Source. For the avoidance of doubt, neither failure to do the above, nor the breach of any of the terms of this Agreement, shall relieve the Customer from its liability to the Company to pay for any purchases made to the Customer or Cardholder.

10.iii The Customer shall ensure that it and its authorised Cardholders keep the Card and PIN Code safe at all times. The PIN Code must not be written on to the Card and furthermore, if it is necessary to keep a written record of the PIN Code, it shall be adequately disguised so as to prevent unauthorised use.

11. In making any purchase of Sundry Products by means of the Card the Customer, or Authorised Person, shall at all times act as the disclosed agent of the Company and shall make the purchase from the Authorised Supply Source in that capacity on behalf of the Company. This paragraph shall not apply to Card Transactions undertaken at retail outlets owned and operated by the Company in which case the purchase shall be directly between the Cardholder and the Company.

12. The Customer, or Authorised Person, must present the Card to an attendant at the Authorised Supply Source in advance of procuring the supply of fuel or petroleum or making any purchase by means of the Card. Immediately following on the supply of Products and/or Sundry Products by means of the Card at the Authorised Supply Source pursuant to this Agreement, title in the Products so supplied shall pass to the Cardholder from the Company. This paragraph shall not apply to Card Transactions undertaken at retail outlets owned and operated by the Company in which case the purchase shall be directly between the Cardholder and the Company.