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Agreement of Terms and Conditions of the Farmlands Card
Terms and conditions applying to the issuance and acceptance of the Farmlands Co-operative Society Limited Farmlands Card.
1. Each credit card issued by Farmlands Co-operative Society Limited (hereinafter called "Farmlands"), including any renewal card remains the property of Farmlands ("Card"). Cards are not transferrable and will be honoured only when the properly signed and presented by the authorised holder (hereafter call "the Cardholder").
2. The Cardholder and any holder of any additional Card issued pursuant to a request by the Cardholder shall be bound by these terms immediately upon signing the relevant Card.
3. The rights of the Cardholder may be withdrawn at any time without notice to the Cardholder. The Cardholder agrees to surrender and/or arrange the surrender of any such Card on request of any representative or person authorised by Farmlands to request the same. It is acknowledged that use of the Card after notice of withdrawal is fraudulent. Notice of withdrawal or request for surrender shall be deemed given when a notice is posted to the last address of the Cardholder known to Farmlands and would have been received in the ordinary course by post.
4. Should the Card be lost or stolen, the Cardholder is obliged to contact the Farmlands office to report that loss/theft and to confirm this in writing. No liability will be incurred by the shareholder from the date this notification is received by Farmlands.
5. The Cardholder can use the Card to charge purchases made at authorised suppliers, subject however to the right of such authorised suppliers to refuse to supply goods and/or services, and subject further to the right of Farmlands to refuse to approve the use of the Card at any authorised supplier for any reasons whatsoever. The Cardholder shall become liable immediately to Farmlands for payment of the amount of purchases so incurred and the Cardholder shall be obliged to make payment on the 20th of the month following purchase to Farmlands at the address indicated on the invoices/statement. The Cardholder shall pay all costs, including legal costs (on a solicitor client basis), incurred by Farmlands taking possession of any goods supplied, recovering monies howsoever owing by the Cardholder to Farmlands and exercising, enforcing or attempting to enforce any of its rights, or protecting any of its interests, under or in connection with these Terms and Conditions.
6. Until Farmlands receives full payment of all monies howsoever owing by the Cardholder (whether through the use of their Card or otherwise) and the Cardholder has satisfied all of its other obligations under these Terms and Conditions:
a) Farmlands retains ownership of all goods supplied by it to the Cardholder or to the holder of any additional card and;
b) The Cardholder and the holder of any additional card each grant Farmlands and Farmlands Finance Limited a security interest in all goods purchased by them using their Card through any authorised supplier (together "the Goods"), as security for all monies howsoever owing by the Cardholder to each of Farmlands and Farmlands Finance Limited.
The Cardholder has authority to deal with the Goods solely in the ordinary course of business and shall not purport to give security over them. The Cardholder shall hold all proceeds of sale of the Goods separately from the Cardholders monies as a fiduciary in trust for Farmlands. If anything occurs, which in Farmlands's opinion adversely affects the Cardholders ability to pay all monies howsoever owing, payment of all monies shall become due; the Cardholders authority to deal with the Goods is cancelled; Farmlands may immediately without notice take any action it considers necessary to take possession of the goods (including, without limitation, entry onto the land and premises of the Cardholder or holder of any additional Card regardless of whether or not an occupier is present) without thereby incurring any liability to the Cardholder or the holder of any additional Card in respect of the Goods (or any services supplied), nor as imposing any such liability to the Cardholder or to the holder of any additional Card.
7. Clause 6 creates a security interest in all present and after acquired Goods and their proceeds. At Farmland's request, the Cardholder and the holder of any additional Card shall promptly execute all documents and do anything else reasonably required by Farmlands to ensure that the security interest created under clause 6 constitutes a perfected security interest in the Goods and their proceeds which will have priority over all other security interests in them. The Cardholder and the holder of any additional Card waive any right they have to receive a copy of a verification statement under the Personal Property Securities Act 1999. Farmlands may apportion payments to accounts as it sees fit.
8. Interest will be charged by Farmlands on overdue accounts, in which case the Cardholder shall pay to Farmlands such interest calculated at the same rate of 24% per annum (or such rates as Farmlands may from time to time determine) on any outstanding balance on the Cardholder's account not received by Farmlands by the 20th of the month following purchase. Such interest shall be calculated on the amount outstanding on a daily basis.
9. Any invoice received by Farmlands from an authorised supplier for payment shall be conclusive proof that a transaction has occurred at the authorised supplier for the amount so stated and by the Cardholder referred to in that invoice by the use of the Card, except when a Card has been lost, stolen or fraudulently misused, the burden of which shall be on the Cardholder.
10. The Cardholder agrees to accept liability for all charges incurred or in any way arising from the use of the Card issued to the Cardholder or any other person including any renewal Card and the Cardholder agrees to pay the amount of such charges immediately.
11. The Card must only be used by the person named on it. If the Cardholder allows others to use their Card for any purpose, the Cardholder will be liable for all transactions incurred.
12. The holder of any additional Card and the Cardholder authorising its issue are jointly and severally bound by the foregoing terms and conditions and are jointly and severally liable for all charges incurred on the account. Such joint and several liability continues notwithstanding that there may have been a severance of association between the Cardholder and the holder of the additional Card.
13. The Cardholder authorises Farmlands to disclose personal information about the Cardholder appearing on Farmland's membership list (which includes the Cardholder's name, address and membership number) to Farmland's authorised suppliers.
14. The Cardholder can cancel this contract at any time by advising the Farmlands office that they wish to cancel their contract, so long as they pay all money owing under this contract and surrender their Card.
15. These terms and conditions may be varied at any time by Farmlands by notification in writing to the Cardholder; such notice shall be deemed given when a notice posted to the last address of the Cardholder known to Farmlands would have been received in the ordinary course of post.
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