BESTWAY RETAIL LIMITED – FUEL ACCOUNT

TERMS AND CONDITIONS

These Terms and Conditions shall govern the use of the fuel account provided at Central Convenience Stores operated by Bestway Retail Limited.

1. INTERPRETATION

1.1 In these Terms and Conditions the following words shall have the following meanings:- “Account” means the fuel account which the Customer maintains and which tracks the amount of Fuel purchased by the Authorised User and the sums received by way of payment; “Application Form” means the application form completed by the Customer to open a fuel account at a CCS store operated by BRL; “Agreement” means the contract between the Customer and BRL, which consists of the Application Form, these Terms and Conditions and any payment terms stipulated on any Invoice; “Authorised User” means any person whose name is listed on the Application Form by the Customer as being authorised to obtain Fuel at the Supply Point; “BRL” means Bestway Retail Limited, a company registered in England and Wales with company number 04103203 and registered office address at 2 Abbey Road, London, NW10 7BW;
“CCS” means Central Convenience Stores, a brand owned and operated by BRL; “Compromised Account” has the meaning given in paragraph 8.1 of these Terms and Conditions; “Customer” means the person or persons or business whose application for a fuel account is accepted by BRL and in whose name the Account is held; “Fuel” means any form of fuel intended for use in a road vehicle which is purchased using the Card; “Invoice” means any invoice sent by BRL to the Customer in relation to the Account; “parties” means BRL and the Customer, each a party to the Agreement; “Supply Point” means the CCS store specified on the Application From by the Customer from which the Authorised Users can obtain Fuel;
“Terms” means these terms and conditions, as amended from time to time by BRL; “Transactions” means all purchases of Fuel made using the Account during each seven day period; “we”, “us”, “our” means BRL;
“you”, “your” means the Customer.
1.2 All obligations on the part of the Customer shall be joint and several.
1.3 Nothing in these Terms shall be deemed to create a partnership or any relationship of agent and principal between BRL and the Customer or any Authorised User.
1.4 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated, and all statutory instruments or orders made pursuant to it.
1.5 Unless the context otherwise requires, reference to any clause is to a clause of these Terms.
1.6 Headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1 The Application Form and these Terms, together with any payment terms stipulated on any Invoice govern the Agreement between the parties to the exclusion of any other terms and conditions.
2.2 We reserve the right to amend these Terms from time to time and shall notify you accordingly via email or by posting changes online at www.centralconveniencestores.co.uk. You shall be subject to the Terms that are in force as at the date of the Invoice.

3. THE CARD

3.1 You will be required to provide the names of all Authorised Users as part of the application process so that we may produce a unique card for each Authorised User. The card is evidence that you have given your permission for the Authorised User to use the Account.
3.2 Each card will show your name, the Authorised User’s name or initials and the Supply Point.
3.3 The cards will be sent to you along with your account information once your account has been opened and you will be responsible for providing each Authorised User with the correct card.
3.4 The card is non-transferable and will remain valid until you or we cancel it.
3.5 You must report any lost or stolen cards to us in accordance with Clause 8.
3.6 All cards remain our property and we reserve the right, at any time, to cancel any card, refuse to issue a new or replacement card, or end the Agreement by sending you written notice.

4. USE OF THE ACCOUNT

4.1 The Customer and its Authorised Users will be allowed to use the Account for purchasing the Fuel from the Supply Point on and subject to these Terms.
4.2 The Authorised User is only permitted to purchase Fuel from the Supply Point stated on the card.
4.3 The Authorised User must present the card at the point of payment at the Supply Point in order to use the Account to purchase the Fuel. The card number will be recorded on the receipt produced at the point of payment. A copy of this receipt will be provided to the Authorised User and a copy will be retained by us.
4.4 The Customer warrants and undertakes to ensure that all Authorised Users shall comply with these Terms at all times.
4.5 For the purpose of these Terms, risk in the Fuel passes to the Customer when the Fuel passes the outlet nozzle of the Supply Point’s delivery pump.
5. PRICES
5.1 The prices payable for Fuel shall be the prices advertised at the pump at the time of purchase. We reserve the right to amend the price payable for the Fuel from time to time, without notice to you.
5.2 All prices, fees and charges or similar referred to in these Terms are to be taken as exclusive of Value Added Tax which, where applicable, shall be added to the relevant charge at the prevailing rate.

6. INVOICING AND PAYMENT

6.1 Each week we will produce and send to you by email the Invoice listing all the purchases made using the Account, less any credits or refunds.
6.2 You must pay the Invoice in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law), by direct debit, within 14 days of the date of the Invoice (the “Payment Due Date”).
6.3 You must notify us within 3 days of the date of the Invoice about any issue and/or dispute relating to your Account. We will not be obliged to carry out or assist with any investigation where the transactions took place more than three months before you notified us of a dispute.
6.4 If you do not make payment of the Invoice within 2 days of the Payment Due Date the Account will be placed on temporary stop. This will be removed once the Invoice has been paid in full.

7. CHARGES AND INTEREST

7.1 If any payment remains outstanding for more than 2 days after the Payment Due Date then, without prejudice to any other rights and remedies we may have, we reserve the right to charge interest at a rate of 3% over the Bank of England base rate.
7.2 Interest will be charged on a daily basis on any amount outstanding on the Payment Due Date; such amounts outstanding may include unpaid interest.
7.3 Interest will continue to accrue until you have paid all amounts due under these Terms.
7.4 We reserve the right to charge interest plus all costs incurred in the course of recovering any overdue debt (including, but not limited to, third party/collection agency debt recovery costs) in the event that any amounts payable you under these Terms have not been paid.
7.5 We reserve the right to charge you an administration fee if we are unable to collect a payment due by direct debit (“Failed Direct Debit”) for any reason that is not our fault. We reserve the right to terminate the Agreement if there are two consecutive Failed Direct Debits.

8. COMPROMISED ACCOUNTS

8.1 An account will be considered to be compromised if we have sent cards and account information to you but you have not received this after a reasonable period of time; or your account information or any card is lost or stolen; or you become aware of or suspect that someone other than an Authorised User has used the card and/or the Account; or you suspect that any card and/or the Account is being or is liable to be misused for any reason whatsoever.
8.2 You must report the Compromised Account immediately, and in any event within 3 days of discovery, in writing and provide as much information as possible regarding the circumstances which led to the account being compromised and any remedial action you have taken.
8.3 We will place the Account on stop from the time of notification in accordance with Clause 8.2 and may, at our discretion, terminate the Account and/or provide a replacement Account and cards to you.
8.4 We will endeavour to prevent the use of the Compromised Account from the time of notification but cannot guarantee that use will be prevented in all circumstances. You will remain liable for any and all use of the Compromised Account until 5 days after notification.
8.5 Notwithstanding any other provisions of these Terms, you will be liable for the use of the Account where we have established or have reason to believe that your acts, errors and/or omissions caused the Account to become compromised.

9. TERMINATION

9.1 Either party may terminate the Account by providing 30 days’ notice in writing to the other party.
9.2 Without affecting any other rights we may have, we may terminate the Agreement by giving written notice to you if:
9.2.1 You neglect or fail to observe any provisions of the Agreement or commit a material breach of any term of the Agreement and (if such breach is capable of remedy) fail to remedy that breach within 14 days of being notified in writing to do so;
9.2.2 You repeatedly breach any of the terms of the Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of the Agreement;
9.2.3 You suspend or cease to carry on all or a substantial part of its business
9.2.4 You become insolvent or subject to any winding up (voluntary or compulsory) petition, order, or resolution or any bankruptcy petition or order or related proceedings, or have a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or
9.2.5 A creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Customer’s assets; or
9.2.6 You provide us with false or incomplete information.
9.3 Upon termination of the Agreement for any reason, you will:
9.3.1 Immediately pay to us all sums due and payable as at the date of termination together with any interest up until the date of payment in full;
9.3.2 Immediately cease, and inform all Authorised Users to cease, use of the Account; and
9.3.3 Return to us or, at our direction, dispose of or destroy all cards provided to Authorised Users and provide confirmation in writing of the actions taken within 14 days of the date of termination.

10. LIABILITY

10.1 Nothing in these Terms shall limit or exclude the liability of either party for death or personal injury resulting from negligence or fraud or fraudulent misrepresentation.
10.2 You agree to indemnify us and keep us indemnified against all claims, losses, damages, costs, expenses and liabilities which we may suffer by reason of the subsequent use of an Account that you have confirmed as being terminated, cancelled or suspended.
10.3 Without prejudice to paragraph 10.2, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information, special, indirect or consequential damage that may arise under or in connection with the Agreement.
10.4 Any error or omission in any price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
10.5 Insofar as any liability is limited by statute, we shall not be liable for loss or damage howsoever arising suffered by you and/or any Authorised User in connection with, or caused by, the Fuel, including where any Fuel acquired from the Supply Point is contaminated or in the event that you or an Authorised User has added any additives to such Fuel.
10.6 We shall not be liable for any loss or damage sustained by you and/or any Authorised User at the Supply Point or in the event of a Supply Point being closed or otherwise not operational whether on a temporary or permanent basis. We do not guarantee that any of the Supply Points will be open and available for use at any particular time and we shall not be liable in any way if the Supply Point refuses to supply Fuel for any reason whatsoever.
10.7 The provisions of this Clause 10 shall survive termination of the Agreement, howsoever occurring.

11. NOTICES

11.1 You must inform us immediately in writing of any changes to the information you have provided on the Application Form including but not limited to, your name, address, contact details, bank details and names of Authorised Users.
11.2 Any notice required to be given under or in connection with this Agreement shall be in writing and delivered by first class or registered post to BRL’s registered office address provided in Clause 1.1, or, by email to fuelaccounts@bestwayretail.co.uk.
11.3 Any notice shall be deemed to have been received:
11.3.1 in the case of first class or other post, 48 hours from the date of posting; or
11.3.2 if sent by e-mail, at the time of transmission, or, if this falls outside of business hours, when business hours resume, and provided that no error message indicating failure to deliver has been received by the sender. In this clause 11.3.2, business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday.

12. DATA PROTECTION

12.1 Your and any Authorised User’s personal data obtained by us in connection with the Agreement will be held by us and processed in accordance with our Privacy Policy which can be found on our website www.centralconveniencestores.co.uk.
12.2 You confirm that you have obtained the consent of any Authorised User to disclose his or her personal data to us so that we may lawfully use and process it for the duration of this Agreement and for the purposes described in our Privacy Policy.
12.3 You will comply with all applicable data protection legislation (and are responsible for the Authorised User’s compliance with applicable data protection legislation) in respect of any use made of the Account and the cards.
12.4 The provisions of our Privacy Policy do not relieve, remove or replace your obligations under applicable data protection legislation to protect against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal Data.

13. STATUTORY REQUIREMENTS

13.1 We may request any information from you (and you shall supply such information immediately on request) which we deem necessary to enable us to assess your credit status or to comply with any laws or regulations, regulatory policies, guidelines or similar which may be applicable to us from time to time, including but not limited to Money Laundering Regulations 2007, the Bribery Act 2010 and the Modern Slavery Act 2015 (the “Statutes”).
13.2 Failure to provide any information requested under Clause 13.1 may result in delays to the opening of your Account.
13.3 Each party shall comply with all applicable laws, statutes, regulations and codes including the provisions of the Statutes.

14. FORCE MAJEURE

14.1 Neither party shall be liable for delay or failure in carrying out any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, save that the Customer will still be liable to pay any sums which have become payable by the Customer under these Terms before the incident of force majeure.
14.2 If the period of delay or non-performance continues for 30 days, the party not affected may terminate this Agreement by giving 14 days’ written notice to the affected party.

15. GENERAL

15.1 We may, in our absolute discretion, suspend, place on stop, cancel or withdraw the use of the Account.
15.2 No waiver by us of any breach of any of these Terms shall be construed as a waiver of any earlier or later default of a like nature.
15.3 If any provision of this Agreement is found to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable. The invalidity and unenforceability shall not affect the other provisions of this Agreement and all provisions not affected by the invalidity or unenforceability shall remain in full force and effect.
15.4 We reserve the right to assign or transfer all or any of its rights, interests or obligations under this Agreement. You shall not be entitled to assign or transfer all or any of its rights, interests or obligations hereunder.
15.5 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.6 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
15.7 The parties agree that the terms of this Agreement are not enforceable by any third party (including any Authorised User) under the Contract (Rights of Third Parties) Act 1999.
15.8 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
15.9 Each party irrevocably agreesthat the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual claims) arising out of or in connection with this Agreement or its subject matter or formation.