20.i The Company will send a statement of account showing all amounts debited, less any credits or refunds, to the Customer on a regular basis, be that daily, weekly, fortnightly, monthly, quarterly or annually. The Customer will pay the Company by direct debit (a Direct Debit Mandate shall be completed for this purpose) or by such other method as may from time to time be approved by the Company, the whole amount shown to be owing according to such statement. If a payment notice, be that a direct debit, cheque or such other method as agreed by the company, is returned unpaid, the Company shall be entitled to charge an administration charge of £25.00 or €35.00 in addition to its other rights under this Agreement.

20.ii An amount will be charged at the rate of 2.5 % per month or any part (as well after as before any judgement) on any balance outstanding after the due date until settlement. If any amount is outstanding for more than 28 days after the date due without prejudice to the rights of the Company pursuant to Clause 35, all Cards issued to the Customer may at the discretion of the Company be cancelled forthwith.

20.iii Except as otherwise provided in Clause 20.ii, payments by the Customer and any credits or refunds due will be applied firstly in payment of any interest due, and secondly in reduction of the Customer’s other indebtedness to the Company. No claim by the Customer against the Company or against any Authorised Supply Source shall be the subject of any set-off or counterclaim against the Company.

20.iv The Company reserves the right to request payment by direct debit on a date other than that specified and arranged at the Company’s absolute discretion.

20.v The Company shall also, if appropriate, issue a VAT invoice to the Customer at the time of furnishing the monthly invoice to the customer with respect to such Products and/or Sundry Products as are referred to in the invoice.

20.vi Legal and administration costs incurred by the Company in pursuing outstanding sums due to the Company by the Customer shall be recoverable from and payable by the Customer in the amount of 20% of the total amount outstanding at the date that solicitors are instructed by the Company or such sums as may be fixed by the statute, whichever is the higher.

20.vii In the event of the Customer failing to make payment to any Company or business of the sum due to that Company or business, or if the Customer is or likely to become a credit risk, the Customer shall not endeavour to purchase Products and/or Sundry Products from the Company’s System. The determination of whether or not the Customer is or likely to become a credit risk shall be at the absolute discretion of the Company.

21. It is the responsibility of the Customer or the Authorised Person to retain the Card Transaction voucher provided at the Authorised Supply Source. Copies of Card Transaction vouchers or invoices will be provided to the Customer on request subject to a charge of £1.50 or €2.25 at the discretion of the Company.

22. The Card account number given by the Company to the Customer must be quoted at all times on all correspondence with the Company.

23. The Customer shall be responsible for all duties and taxes whether governmental or otherwise on the issue of Company Cards to him together with all duties and taxes arising on the use of the Cards.

24. All charges referred to in this Agreement are to be taken as exclusive of VAT which, where applicable, shall be added to the relevant charge at the prevailing rate.

25.i The “Settlement Terms” of an individual invoice shall include but not be limited to the total amount due from the Customer for the invoice, the method of payment to settle the invoice, the payment due date of the invoice and the currency in which the invoice must be settled.  Where there is a currency conversion, the amount payable to the Company is the Settlement Amount as shown on the invoice.

25.iii Changes to Settlement Terms can only be made with the prior written consent of the Company.

26. The Company will endeavour to supply to the Customer on a regular basis details of the purchases for the period in question. The Company will endeavour to ensure that such information is accurate and up to date but shall not be liable for any errors or omissions in respect thereof.

27. The Company shall from time to time supply to the Customer a directory of Authorised Supply Sources. The Company reserves the right to vary such directory without notice to the Customer and the directory is supplied to the Customer for the purpose of guidance only. The Company does not guarantee that any of the Authorised Supply Sources referred to in the directory will be open and available for use by the Customer at any particular time. The Company shall not and the Customer agrees that the Company shall not be liable to the Customer or Authorised Person if the Authorised Supply Source is, for any reason, whether or not it is within the Company’s control, not open or available for use by the Cardholder at any particular time or date or the Authorised Supply Source refuses to honour the Card or for any injury occasioned to the Customer or any of its employees or agents or any loss or damage suffered by the Customer, its employees or agents, which shall arise from any act default omission or negligence on the part of any Authorised Supply Source or its servants, agents or licensees.

28. Any disputes relating to purchases from the system should be notified in writing to the Company within fourteen days from the date of statement or invoice (whichever is the earlier) which related to the disputed drawing, purchase or other matter. Thereafter such statements or invoices as appropriate shall be deemed final and conclusive evidence as to the accuracy of the information stated therein.

29. The Customer shall indemnify and keep indemnified the Company against all losses including but not limited to consequential or economic losses, damages, actions, claims, expenses and costs (including legal costs) whatsoever or howsoever arising directly or indirectly out of or in connection with any breach by the Customer or any of its servants, employees or agents of its obligations contained herein.

30.i Subject as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the law.

30.ii The Customer hereby confirms and warrants that he is not for the purposes of this Agreement a “consumer” as defined in any legislation including without limitation the Consumer Credit Act, 1995, the Sales of Goods and Supply of Services Act, 1980 and the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 to 2000 and that any Products and/or Sundry Products purchased by him pursuant to this Agreement are purchased by him in the course of his trade, business or profession.