31.i The Company shall endeavour to ensure that wherever possible, subject to the performance of this Agreement by the Customer, there is a supply of fuel available for drawing by the Customer from any site but not withstanding this, the Company shall at its absolute discretion control the amount of fuel to be made available from time to time to the Customer and the Company shall be entitled to limit the amount of fuel drawn from the Company’s System from time to time in accordance with the normal day to day management of a fuel card system.

31.ii The Company shall set from time to time a Credit Limit, being a ceiling on the aggregate value of Card Transactions, which may be made by the Customer by means of the Card, and notice of such Credit Limit shall be given by the Company to the Customer. Transactions exceeding the Credit Limit in each case are a breach of the Agreement and the Company may require repayment by the Customer of all or the excess and/or require return of the Card and closure of the account.

32. The Company may introduce a ceiling to the value of Products and/or Sundry Products obtained in any single Card Transaction by the Customer and notice of any such ceiling shall be given by the Company to the Customer.

33. The whole outstanding balance of the Card account will become immediately due and payable in the event of the Customer if: (i) being an individual, he is adjudged a bankrupt or has a bankruptcy petition presented against him; or (ii) being a company, it goes into liquidation or an encumbrancer takes possession or a receiver or examiner is appointed over any of the property or assets of the company or resolves to be wound up either voluntarily or by order of the Court; or (iii) in either case, if the Customer seeks to come to an individual voluntary arrangement or company arrangement with his creditors.

34. If there is any breach of these conditions by the Customer or Authorised Person, the Company may forthwith and without notice to the Customer terminate this Agreement and close the Customer account whereupon the Customer shall and agrees that it shall be immediately liable for all outstanding Card Transactions affected by means of the Card.

35. The Customer may at any time terminate this Agreement, without affecting the liability in respect of any Card Transaction affected prior to such termination, by surrendering the Card to the Company. The Company
may cancel any Card at any time without notice, or refuse to reissue, renew or replace any Card. Unless and until such termination occurs the Company will reissue a Card or Cards to the customer upon expiry of any existing Card or Cards or at the discretion of the Company.

36. Any termination of this Agreement and/or cancellation of the Card shall not affect any liabilities of the Customer prior to termination and the Customer shall indemnify the Company for any loss or liability incurred after termination.

37. Nothing in this Agreement shall be deemed to create a partnership between the Company and the Customer. Save as specifically provided in this Agreement, nothing in this Agreement shall be deemed to create a relationship of agent and principal between the Customer and the Company.

38. Where the Customer consists of two or more persons acting in partnership such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.

39.i The Company may amend these conditions at any time or vary the interest rate or charges by way of individual notice to the customer, or by advertisement or by such other means as the Company shall decide.

39.ii The use of any Card after written notice of any variation in this Agreement has been given by the Company shall be deemed to be an acceptance of such variation of the terms of this Agreement by the Customer.

40.i The Customer will give immediate written notice to the Company of any change of address or bank details.

40.ii Any notice served pursuant to this Agreement shall be in writing and shall be deemed to have been properly served on the addressee if delivered by hand, sent by facsimile transmission or sent by pre-paid first class ordinary or registered or recorded delivery post or electronic mail to the addressee at its address set out in the application for an account made by the Customer or at such other address as shall have later been notified to the sender in writing and such notice shall be deemed to have been given at the time of delivery if delivered by hand or facsimile transmission or electronic mail or forty-eight hours after dispatch if posted as aforesaid.