Fleet Credit Cards - Terms and Conditions

Fleet Credit Cards - Terms and Conditions

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Irving Commercial Card

Canada

The Customer named above (“Customer”) authorizes Irving Oil Marketing G.P. (“Irving”) to originate debit or credit entries to its chequing account designated above and authorizes the financial institution named above (“Bank”) to accept and to debit or credit the amount of such entries from or to the Customer’s account. Debit entries will be limited to the invoice amount(s) on their respective due dates for products and/or services ordered by Customer or its representatives from Irving, pursuant to any agreements between Customer and Irving. It is understood that from time to time, at the customer’s telephone or written request, an additional PAD could be processed. Where authorized by law, Customer hereby waives any and all right to pre-notification of debit dates and amounts, or changes thereof. This Agreement and transactions originated under it shall be governed by applicable clearinghouse operating rules in effect from time to time. Terms and conditions governing transfers originated under this Agreement may be amended from time to time by written agreement of Irving and the Customer. This Agreement remains in full force and effect until Irving receives 30 days prior written notification of termination from Customer and in no event will the termination be effective with respect to debit entries originated prior to Irving’s receipt of notice of termination. Any amounts outstanding at the time of the cancellation will still be owed to Irving. Irving reserves the right to terminate this Agreement at any time by written notice to the Customer. In the event any debit entry is returned to Irving uncollected, the amount of the entry will be immediately due and payable along with any associated finance and bank charges and this Agreement at the option of Irving may be terminated at once and without notice. Future purchases, if this Agreement is terminated will be on terms and conditions provided in existing agreements between Irving and the Customer. This agreement applies solely to the method of payment by Customer to Irving. This Agreement or the termination hereof shall have no effect on any contract for goods or services between Customer and Irving. Customer may obtain a sample cancellation form, or more information on the right to cancel a PAD Agreement at Customer’s financial institution or by visiting www.cdnpay.ca. In the event any debit entry originated by Irving proves to be in error, Irving’s sole obligation to the Customer shall be to originate correcting entries upon proof of any such error or errors. Customer has certain recourse rights if any debit does not comply with this agreement. For example, Customer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on Customer’s recourse rights, Customer may contact its financial institution or visit www.cdnpay.ca. The Customer(s) named below (collectively, “Customer”) hereby certifies to Irving Oil Marketing G.P. (“Irving“) that all information set out in this application (the “Irving Commercial Card Application”), and any financial statements provided to Irving, is true, correct and complete.  Customer authorizes and consents to Irving and its affiliates obtaining and exchanging credit information relating to Customer (and its owner(s) or partners, if Customer is a sole proprietorship or partnership, respectively), including, without limitation, credit checks and verification of credit information by Irving or its affiliates, for purposes of evaluating this application. Customer agrees that all terms and conditions regarding any credit card(s) issued by Irving pursuant to this application shall be set forth in the Cardholder Agreement – Terms and Conditions to which such credit card(s) is attached when provided to Customer. Customer’s activation, retention or use of such credit card(s), or any renewal or replacement thereof from time to time, shall constitute full acceptance by Customer of said Terms and Conditions. The undersigned is duly authorized to complete and execute this application on behalf of Customer. I, the undersigned, warrant and guarantee that all persons whose signatures are required have signed this agreement below.

“The words “execute”, “signed”, “signature” and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based record keeping system, as the case may be, to the extent and as provided for in any applicable law.”

IRVING 24 Card

Canada

The Customer named above (“Customer”) authorizes Irving Oil Marketing G.P. (“Irving”) to originate debit or credit entries to its chequing account designated above and authorizes the financial institution named above (“Bank”) to accept and to debit or credit the amount of such entries from or to the Customer’s account. Debit entries will be limited to the invoice amount(s) on their respective due dates for products and/or services ordered by Customer or its representatives from Irving, pursuant to any agreements between Customer and Irving. It is understood that from time to time, at the customer’s telephone or written request, an additional PAD could be processed. Where authorized by law, Customer hereby waives any and all right to pre-notification of debit dates and amounts, or changes thereof. This Agreement and transactions originated under it shall be governed by applicable clearinghouse operating rules in effect from time to time. Terms and conditions governing transfers originated under this Agreement may be amended from time to time by written agreement of Irving and the Customer. This Agreement remains in full force and effect until Irving receives 30 days prior written notification of termination from Customer and in no event will the termination be effective with respect to debit entries originated prior to Irving’s receipt of notice of termination. Any amounts outstanding at the time of the cancellation will still be owed to Irving. Irving reserves the right to terminate this Agreement at any time by written notice to the Customer. In the event any debit entry is returned to Irving uncollected, the amount of the entry will be immediately due and payable along with any associated finance and bank charges and this Agreement at the option of Irving may be terminated at once and without notice. Future purchases, if this Agreement is terminated will be on terms and conditions provided in existing agreements between Irving and the Customer. This agreement applies solely to the method of payment by Customer to Irving. This Agreement or the termination hereof shall have no effect on any contract for goods or services between Customer and Irving. Customer may obtain a sample cancellation form, or more information on the right to cancel a PAD Agreement at Customer’s financial institution or by visiting www.cdnpay.ca. In the event any debit entry originated by Irving proves to be in error, Irving’s sole obligation to the Customer shall be to originate correcting entries upon proof of any such error or errors. Customer has certain recourse rights if any debit does not comply with this agreement. For example, Customer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on Customer’s recourse rights, Customer may contact its financial institution or visit www.cdnpay.ca. The customer(s) named below (collectively, “Customer”) hereby certifies to Irving Oil Marketing. G.P. (“Irving“) that all information set out in this application (the “IRVING 24 Card Customer Application”), and any financial statements provided to Irving, is true, correct and complete. Customer authorizes and consents to Irving and its affiliates obtaining and exchanging credit information relating to Customer (and its owner(s) or partners, if Customer is a sole proprietorship or partnership, respectively), including, without limitation, credit checks and verification of credit information by Irving or its affiliates, for purposes of evaluating this Application. Customer agrees that all terms and conditions regarding any credit card(s) or FP checks issued by Irving pursuant to this application shall be set forth in the Cardholder Agreement – Terms and Conditions to which such credit card(s) is attached when provided to Customer. Customer’s activation, retention or use of such credit card(s), or any renewal or replacement thereof from time to time, shall constitute full acceptance by Customer of said Terms and Conditions. The undersigned is duly authorized to complete and execute this application on behalf of Customer. I, the undersigned, warrant and guarantee that all persons whose signatures are required have signed this agreement below.

“The words “execute”, “signed”, “signature” and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based record keeping system, as the case may be, to the extent and as provided for in any applicable law.”