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Farmlands Fuel Customer Terms and Conditions

By completing this application for a Farmlands Fuel account, the Applicant agrees to become an account holder (“Customer”) of Farmlands Fuel Limited (“Farmlands Fuel”) on the following terms and conditions (“Terms”):

  1. The Customer acknowledges that this Farmlands Fuel account is not transferable and that the Customer’s rights and obligations under these Terms cannot be assigned without Farmlands Fuel’s prior written consent.
  2. Where the Customer is a company, a trust, an incorporated society or a partnership, any change in the legal or beneficial ownership of the Customer which results in a change in the effective management or control of the Customer is deemed to be an assignment of the Customer’s rights and obligations under these Terms and shall require the prior written consent of Farmlands Fuel.
  3. Until Farmlands Fuel receives a full payment of all moneys owing howsoever by the Customer and the Customer has satisfied all of its other obligations under these Terms:
    3.1 Farmlands Fuel retains ownership of all goods supplied by it to the Customer;
    3.2 The Customer grants Farmlands Fuel a security interest in all goods purchased by the Customer using the Customer’s Farmlands Fuel account (together “the Goods”); and
    3.3 The Customer has the authority to deal with the Goods solely in the ordinary course of business and shall not purport to give security over them to any other person. The Customer shall hold all proceeds of sale of the Goods separately from the Customer’s moneys as a fiduciary in trust for Farmlands Fuel. If any event occurs which in Farmlands Fuel’s opinion adversely affects the Customer’s ability to pay all moneys howsoever owing, payment of all moneys shall become due and the Customer’s authority to deal with Goods is cancelled. Farmlands Fuel 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 Customer regardless of whether or not an occupier is present) without thereby incurring any liability to the Customer.
  4. Clause 3 of these Terms creates a security interest in all present and after acquired Goods and their proceeds. At Farmlands Fuel’s request, the Customer shall promptly execute all documents and do anything else reasonably required by Farmlands Fuel to ensure that the security interest created under clause 3 constitutes a perfected security interest in the Goods and their proceeds which will take priority over all other security interests in them. The Customer waives any right it has to receive a copy of a Verification Statement under the Personal Property Securities Act 1999. Farmlands Fuel may apportion payments to any of the Customer’s outstanding accounts as it sees fit.
  5. All Goods shall be purchased at prices prevailing at the time the Goods are despatched.
  6. To the extent permitted by law, Farmlands Fuel excludes all liability it may have in relation to the quality of any Goods supplied using the Customer’s Farmlands Fuel account and for any loss or damage suffered by the Customer as a result of the Customer’s incorrect use or storage of any Goods supplied to the Customer by Farmlands Fuel. All risk in the Goods shall pass to the Customer on delivery notwithstanding that title has not passed. 
  7. The Customer acknowledges that where any Goods are purchased by the Customer for any business use or purpose other than for personal, domestic, or household use or consumption, the provisions of the Customer Guarantees Act 1993 will not apply to the supply of those Goods.
  8. Farmlands Fuel will prepare and send a separate statement for each Farmlands Fuel account held by the Customer, unless previously arranged.
  9. Payment of accounts shall be due on the 20th of the month following delivery. Farmlands Fuel will send the Customer a statement setting out the amount due each month.
  10. Interest will be charged by Farmlands Fuel on overdue accounts in which case the Customer shall pay to Farmlands Fuel such interest calculated at the default interest rate of 21% per annum (or such rate as Farmlands Fuel may from time to time determine, as advertised on its website) on any outstanding balance on the Customer’s account (excluding interest) not received by Farmlands Fuel by the 20th of the month following purchase. Such interest shall be calculated on the amount outstanding on a daily basis.
  11. All other claims regarding Goods supplied shall be made within ten (10) days of receipt of invoice. In the absence of any such enquiry or claim the Customer shall be taken to accept that the invoice is correct and that the Goods specified have been delivered as described and in good condition.
  12. The Customer shall be liable for all costs of collection and legal fees incurred by Farmlands Fuel in recovering overdue amounts.
  13. Farmlands Fuel reserves the right to vary these Terms from time to time. The variation will become effective on notification to the Customer. This shall be deemed to be on the day after the date of posting to the Customer of the notification properly addressed to the last address of the Customer known to Farmlands Fuel.
  14. Farmlands Fuel is required to verify the identity of its customers and conduct other customer due diligence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“AML/CFT Act”). The Customer and each Guarantor agrees to provide any information requested by Farmlands Fuel in order to comply with such obligations and agrees to tell Farmlands Fuel if any information changes or is no longer true and complete.
  15. The Customer, and each guarantor of the Customer (“Guarantor”), authorises Farmlands Fuel to obtain, exchange, hold and use personal information about them (including personal information about their directors or trustees) for the purposes of determining eligibility for credit, supplying goods and services, enforcing debt and legal obligations, undertaking initial and ongoing customer due diligence and monitoring in accordance with the AML/CFT Act and for any marketing and administration purposes. The Customer, and each Guarantor, understands that Farmlands Fuel may use credit reporting services (such as Veda’s credit reporting services) to credit check them and customer due diligence services (including electronic-based services from a third party) to verify their identity and conduct any other customer due diligence required under the AML/CFT Act and accepts that when Farmlands Fuel uses such services:

    15.1 The credit reporter (eg Veda) or other third party (in each case a “Service Provider”) will exchange information about them for that purpose and the Service Provider may hold that information on its system and use it to provide their credit reporting or customer due diligence service (as the case may be) to other customers of the Service Provider;

    15.2 Farmlands Fuel may use the Service Provider’s services in the future for purposes related to the provision of credit or any other authorised purpose (including ongoing customer due diligence). This may include using the Service Provider’s monitoring services to receive updates if any of the information held about the Customer or Guarantor changes; and

    15.3 If they default in their payment obligations to Farmlands Fuel, information about that default may be given to credit reporters (eg Veda) and credit reporters may give information about that default to its other customers; and

    15.4 Farmlands Fuel due diligence obligations under the AML/CFT Act extend to your beneficial owners and to each person acting on behalf of you. You represent that you have
    obtained the consent of all such people for Farmlands Fuel to carry out due diligence on them also, as contemplated by these Terms.
     
     

Farmlands Fuel Direct Debit Terms and Conditions

The authority is subject to:

  • My bank's terms and conditions that relate to my account, and
  • The terms and conditions listed below.

Specific conditions relating to notices and disputes

  1. I agree that the Initiator must give me at least 10 days’ prior notice of each direct debit, including the first direct debit in a series.
  2. Changes to the amounts or dates of a series of direct debits require 30 days’ prior notice to me.
  3. I can also agree with the Initiator to receive a same day notice for direct debits specifically requested by me.
  4. All notices must be in writing, but can be delivered electronically, if I have agreed that with the Initiator.
  5. I can also ask you to reverse a direct debit up to 120 days after the direct debit if:
    • I didn’t receive proper notice of the amount and date of the direct debit, or
    • I received notice but the amount or date of the direct debit is different from the amount or date on the notice.
  6. If you dishonour a direct debit but the Initiator retries it within 5 business days of the original direct debit, I understand that the Initiator doesn’t need to notify me again about that direct debit.