General Terms and Conditions of Use
1. ACCEPTANCE OF CONDITIONS OF USE – Unless the Cardholder has otherwise agreed in writing, the Cardholder indicates acceptance of the solcard General Terms and Conditions of Use as set out below upon first use of a solcard issued by PBS to the Cardholder.
DEFINITIONS AND INTERPRETATION – In these solcard terms and Conditions of Use
unless the context otherwise requires, the following terms will carry the
meaning ascribed to them.
“Authorised User” means such person authorised by the Cardholder from time to time use the solcard issued to the Cardholder.
“Nominated Vehicle” means the vehicle for which the solcard has been issued.
“Cardholder” means the person at whose request PBS agrees to make a solcard account facility available, having met the solcard criteria set out herein.
“Person” means any person, firm, company or other legal entity.
“Service Station” means a Shell service station authorized to accept a solcard.
“PBS” means Barbados Business Machines Ltd. and/or PBS Productive Business Solutions (BARBADOS) Ltd.
“Sol” means SOL (BARBADOS) LTD.
“solcard” means the new solcard as issued PBS which PBS and the Cardholder may agree upon as being subject to these solcard Terms and Conditions of Use and /or other card as PBS may at any time use to replace the aforementioned card.
“solcard Criteria” means the criteria which the Cardholder must meet before a solcard account will be made available to the Cardholder and which are listed in the solcard Application.
“solcard Terms and conditions of Use” means these Terms And Conditions of Use and any amendment or addition notified to the cardholder pursuant to these Terms and Conditions of Use.
“solcard Wholesale Price” means the price to be paid by the Cardholder for the purchase of shell Motor Fuels as agreed between the Cardholder and Sol from time to time.
“Shell Lubricants” means any Shell branded standard vehicle lubricant sold in small packs for vehicle use including automotive brake fluid, automatic transmission fluid, engine coolant and engine anti-freeze.
“Shell Motor Fuels” means Shell V-Power, Shell Diesel and other motor fuels which are agreed to be supplied by Shell Service Stations.
“Vehicle Identification Number” means the vehicle registration number.
“PIN” means the Personal Identification Number.
3. Words importing the singular number includes the plural number and vice versa, and the use of gender shall include all genders.
4. SOLCARD – PBS will issue a solcard to the cardholder for each motor vehicle nominated from time to time by the Cardholder. The Cardholder will at all times meet the solcard Criteria. PBS reserves the right to terminate the Cardholders solcard account in the event the cardholder fails to meet the solcard Criteria. Each solcard will be embossed with the name of the Cardholder and a unique number identifying the Cardholder for the purposes of the solcard Terms and Conditions of Use and the use by the Cardholder of the solcard account facility. The Cardholder may nominate any vehicle for which a solcard is to be issued whether or not the vehicle is owned by the Cardholder or registered in the Cardholder’s name. The reverse of the solcard will bear the Authorised User’s usual signature. Each Authorised User may be issued with a PIN for use at self service facilities.
5. PROPERTY – Each solcard issued to the Cardholder remains the property of PBS and will be returned by the Cardholder to PBS immediately upon its expiry, termination by PBS or the Cardholder or the termination of the solcard account. The solcard should not be made available to other than the cardholder without the prior written consent of PBS.
6. PBS FLEET WEB ACCOUNT – PBS will issue a username, password and URL to the Cardholder for the purpose of retrieving and/or modifying information on the solcard(s) issued to the Cardholder. The Cardholder agrees to protect their username and password against inadvertent disclosure. The Cardholder also agrees to use the website solely for the purpose outlined herein and to use reasonable effort to prevent abuse of the PBS Fleet Web Account.
7. SUSPENSION AND TERMINATION – PBS may suspend or terminate the Cardholder’s solcard account or any solcard issued to the Cardholder at any time with or without notice ascribing a reason for the suspension or termination. Where PBS gives notice of the termination of a particular solcard, the Cardholder will return the terminated solcard at the time that notice is given. Upon termination of a solcard or a solcard account by either PBS or the Cardholder, the Cardholder’s liability for use of each solcard issued will continue until the solcard issued is returned in accordance with the provisions of this Clause. Upon termination of a solcard account by PBS, monies owing to PBS on the Cardholder’s solcard account will become due and payable within 7 days of the date of invoice or statement. PBS may terminate any solcard or solcard account if the solcard or solcard account has not had purchases credited against it during the period of six months since that date of last issue.
6. SECURITY AND LOSS OF SOLCARD – The Cardholder is responsible for the sole custody and authorized use of each solcard issued to the cardholder and the Cardholder will notify PBS in writing immediately if the Cardholder becomes aware of loss, theft or the unauthorised use of any solcard issued. The Cardholder’s liability for the use of each solcard issued will continue until the required notice of withdrawal, suspension or termination is given. In the case of withdrawal of a nominated vehicle or Authorised user, the solcard must be returned to the Cardholder. If at any time following the notification of withdrawal, suspension or termination, any person authorized or not uses the solcard to effect a purchase, the Cardholder will be liable for the purchase.
7. PURCHASES – the Cardholder may purchase on solcard its requirements of Shell Motor Fuels and Shell Lubricants available at Service Stations during the Service Stations’ trading hours, for the vehicle whose Vehicle Identification Number is registered on the solcard account of which the product category must match the goods and services bought. Property in any product purchase by use of a solcard will pass to the Cardholder upon the completion of the processing of the solcard by the Service Station or employee.
8. AUTHORITY TO PBS – Unless PBS has received the Cardholder’s notice of loss, theft or possible unauthorized use of a solcard or termination of a solcard and, in the case of a termination of a solcard, the Cardholder has returned the solcard, the Cardholder is deemed to authorize PBS to charge the Cardholder with every purchase of Shell Motor Fuels or Lubricants made by a person presenting a solcard to the service Station operator or employee:
a. showing the vehicle Identification Number of the vehicle driven by the person to whom the products and services were made; and
b. showing the signature of the person at whose direction the product and services are supplied where the person’s signature obtained by the Service Station operator or employee in respect of the purchase correspond with the signature appearing on the reverse of the solcard.
The service station operator or employee will take all responsible care to compare the Vehicle Identification Number of the vehicle driven by the person and signature of the Authorised User to whom the products and services were supplied to that of the solcard presented that, subject to Clause 6, PBS and the Service Station operator or employee accept no liability whatsoever for the unauthorized use of a solcard.
EFFECTING A PURCHASE – The person presenting a solcard to the Service Station
operator or employee in connection with the purchase of Shell Motor Fuels and
Shell Lubricants will be given a solcard voucher detailing the Cardholder’s
account number, the Vehicle Identification Number and the Authorised user’s
signature, the type of goods or service purchased, the value of purchase, the
name of the Service Station and the date.
The Cardholder or Authorised User will be required to sign the solcard voucher. The voucher will be the only confirmation of transaction issued to the Cardholder or Authorised User. The Cardholder remains absolutely responsible for purchases of all products and services made using the solcard.
10. CARDHOLDER RECORD – It will be the responsibility of the Cardholder or the Authorised user to check that the details of the transaction have been accurately recorded on the voucher and to retain the solcard voucher for the purpose of the Cardholder or Authorised User’s own record keeping and accounting practices.
11. SOLCARD AND PRICE – The solcard price for the purchase of Shell Motor Fuels and Lubricants will be the retail price charged by the Service station at the time of purchase.
12. CHARGES FOR USE OF SOLCARD – The Cardholder will pay PBS’ fixed annual card fee as published from time to time for the use of the solcard to effect the purchase of Shell Motor fuels and Lubricants on solcard. In addition, the Cardholder will pay PBS the fees agreed for any additional management service required and agreed by PBS.
13. SOLCARD INVOICE AND STATEMENT- PBS will issue monthly Statements for purchases in the manner agreed from time to time between PBS and the Cardholder. Each Statement will detail the Cardholder’s solcard purchases, calculated at the solcard price set out in Clause 11 and any applicable charges as set out in Clause 12. Unless other payment terms are agreed in writing between PBS and the Cardholder, the cardholder will pay the amount shown on the Statement no later than 15 days after the invoicing date (the Due Date). Payment will be made by means of a cheque made out to PBS or other methods as published by PBS from time to time. PBS reserves the right to charge interest on any amount outstanding after the Due Date which will be 1.5% per month (18% per annum). The charging of interest on any amount after the Due Date shall not be construed by the Cardholder as an option for payment over a longer period but as compensation to PBS for failure to pay on or before the Due Date. The Cardholder will pay any expenses incurred by PBS in enforcing the payment obligations including without limitation any fees paid to PBS’ attorney-at-law or collection agents.
14. ACCOUNT ENQUIRES – If the Cardholder wishes to question or dispute the details of any transaction recorded on the statement, the Cardholder will advise PBS in writing within 15 days of receiving the statement or invoice and will produce to PBS on request a copy of the voucher in respect of the transaction. PBS will not be required to consider any question or dispute on the account notified more than 15 days after the receipt by the Cardholder of the relevant statement or invoice. PBS reserves the right to refer any Cardholder dispute or issue relating to the quality or nature of the products and services purchased to the Service Station operator from whom the products and services have been purchased, the dispute will be resolved by reference solely to the copy of the voucher retained by PBS.
15. INABILITY TO SUPPLY SHELL MOTOR FUEL AND AGREED PRODUCTS AND SERVICES – PBS will not be responsible for any loss or inconvenience which may be caused by Service Station operator’s inability or refusal to supply the cardholder’s requirements for Shell Motor Fuels and Lubricants at any particular time.
16. CHANGE IN CONDITIONS OF USE – PBS reserves the right to vary, delete, or add, to the solcard Terms and Conditions of Use upon 30 days written notice to the Cardholder.
17. CHANGE IN ADDRESS – The Cardholder will notify PBS of any change in the Cardholder’s registered name, trading name, ownership, business entity, registered office or principle place of business and directorship (in case of a company Cardholder) immediately upon a change being effected.
18. NOTICE TO CARDHOLDER – Where PBS is required to give notice to the Cardholder under solcard Terms and Conditions of Use, the notice will be in writing and PBS will post the notice to the Cardholder’s last known address recorded with or notified to PBS or to any registered address of the Cardholder and within 3 days of posting the notice, the Cardholder will be taken to have received the notice and its contents. The first use of a solcard issued in the Cardholder’s name after notice is given indicates the Cardholder’s acceptance of the condition(s) or change of condition(s) notified.
19. NOTICE TO PBS – Where the cardholder is required to give notice to PBS under the solcard General Terms and Conditions of Use, the notice will be in writing and the Cardholder will give notice either by post, fax, or e-mail and the notice will not be effective until receipt by PBS at:
Productive Business Solutions (BARBADOS) Ltd., 42 Warrens Industrial Park,
Warrens, St. Michael.
Tel.: (246) 417-5600 Fax: (246) 421-8002 e-Mail: email@example.com
20. TAXES AND DUTIES – Unless precluded by legislation, PBS reserves the right to charge the Cardholder’s solcard account with Government rates, taxes, or charges, including Value Added Tax which now are or which in the future may be imposed or charged upon the Cardholder’s solcard transactions whether or not the Cardholder is primarily liable for the impost or charge.
21. GOVERNING LAW – The solcard terms and Conditions of Use shall be governed by and constructed in accordance with the laws of Barbados.