Terms & Conditions
These Standard Terms and Conditions apply to the Indervon Card Facility and Bulk Facility
1. Acceptance of Application
1.1 Indervon may accept or decline an Application (at its sole discretion) by a written notice to the Customer after the receipt of the correctly completed Application and all supporting information that may be requested.
1.2 If Indervon accepts an Application, Indervon agrees to provide the Customer with the Indervon Card Facility and/or Bulk Facility on these Standard Terms and Conditions.
1.3 In consideration of Indervon providing the Customer with the Indervon Card Facility and/or Bulk Facility, the Customer agrees to be bound by these Standard Terms and Conditions.
1.4 These Standard Terms and Conditions include the Application, the Direct Debit Service Agreement and the Deed of Guarantee Indemnity and Charge.
2.1 These Standard Terms and Conditions commence when Indervon accepts the Customer‟s Application and continue until terminated in accordance with clause 9.
3. Credit Limit
3.1 The Customer must not exceed its Credit Limit.
3.2 Indervon may refuse to supply Products or Bulk Products or to process a Transaction for Services to the Customer/Cardholder in excess of the Customer's Credit Limit.
3.3 If a Transaction or a delivery of any Bulk Products at any time results in the Customer exceeding its Credit Limit ("Credit Limit Exceedance"), the Customer/Cardholder must:
(a) pay Indervon the amount of the Credit Limit Exceedance immediately in full; and
(b) if the Customer/Cardholder is not able to pay in accordance with sub-clause (a), immediately return any Products or Bulk Products which are capable of being returned in their original condition to Indervon or the Merchant.
4.1 Indervon will issue the Customer with a sales voucher or a delivery docket at the time of the Transaction or delivery.
4.2 The Customer agrees that it is the Customer's/ Cardholder's responsibility to ensure any sales voucher or delivery docket correctly records the type of the Product, Bulk Product or Service, quantity, price and other details of the purchase.
5.1 Indervon will issue a tax invoice to the Customer for all purchases made during the previous billing period and all fees, charges and moneys otherwise due and payable to Indervon.
5.2 The Customer must pay the full amount of the tax invoice by the "Due Date".
5.3 The payment will be effected by direct debit from the Customer's nominated bank account (unless a different payment method is agreed in advance in writing between the Customer and Indervon) in accordance with the direct debit form in the Application. The Customer agrees to be bound by the Direct Debit Service Agreement.
5.4 If the Due Date falls on a non-business day, the payment must be made:
(a) if the payment is effected by direct debit, on the first business day after the Due Date; and
(b) if the payment is effected by any other payment method, on the business day preceding the Due Date.
5.5 The Customer must make all payments in full without deduction or set-off.
5.6 The Customer must notify Indervon of any dispute of any amount of an invoice within 30 days from the date of the receipt of the tax invoice. Unless the Customer disputes the amount within 30 days, the amount shall be taken to be accepted by the Customer, due and payable to Indervon and not open to dispute or challenge.
5.7 To the extent permitted by law, all money received by Indervon from the Customer will be applied in the manner and order determined by Indervon.
6.1 The payment is made on the date when Indervon receives cleared funds into its nominated bank account.
6.2 The Customer is in default if the full payment of the tax invoice is not made by or on the Due Date or if the payment subsequently dishonours.
6.3 If the Customer is in default, in addition to any other right Indervon may have, Indervon may, at its discretion:
(a) charge the Customer interest on the overdue amount at a rate of the then current Westpac Banking Corporation overdraft rate plus 2% per annum from the Due Date until Indervon receives the payment in full; and/or
(b) immediately and without prior notice suspend the provision of either or both of the Indervon Card Facility and/or Bulk Facility to the Customer until the payment is made in full; and /or
(c) review and adjust the Customer's Credit Limit as Indervon considers appropriate; and/or
(d) terminate the provision of either or both of the Indervon Card Facility and/or Bulk Facility to the Customer immediately without prior notice.
6.4 Indervon will endeavour to notify the Customer prior to the suspension or termination of the Indervon Card and/or Bulk Facility if the Customer is in default, however, Indervon reserves the right to suspend or terminate the Indervon Card and/or Bulk Facility immediately and without prior notice if Indervon forms a view that its actions in that respect are justified in the circumstances.
6.5 If the Customer is in default, the Customer will be liable to Indervon for the following:
(a) the unpaid amount; and
(b) any new amount in respect of any purchases and/or fees incurred on the Account after the date of the latest tax invoice issued to the Customer;
(c) any interest on the unpaid amount and any new amount charged to the Customer under clause 6.3(a);
(d) if direct debit or other payment method is dishonoured, the Dishonour Fee; and
(e) all costs and expenses, including full legal and administrative costs incurred by Indervon in attempting to enforce payment or otherwise incurred as a result of the default.
All such amounts are debt incurred by the Customer to Indervon and must be paid within 3 business days after the receipt of a tax invoice from Indervon. However, the Customer agrees that if a tax invoice has previously been issued for any amount (such as an invoice for the unpaid amount), such invoice does not need to be reissued under this clause and that amount becomes immediately due and payable on the date of default.
7.1 For the purposes of securing payment of all moneys due and payable to Indervon by the Customer arising from the use of the Indervon Card Facility and/or Bulk Facility, the Customer:
(a) agrees to deliver to Indervon, within 7 days of written demand, a mortgage in respect of the Customer's Property in a form acceptable to Indervon together with any documents required to obtain registration of the mortgage;
(b) charges to Indervon all its Property (wherever situated) to secure its obligations under this Deed and authorises and consents to Indervon lodging a caveat (in a form and subject to any conditions as Indervon sees fit) upon the title to the Property in Indervon's absolute discretion; and
(c) irrevocably appoints Indervon and persons nominated by Indervon separately as the attorney of the Customer with power to sign and lodge such caveat or other similar document to give effect to these provisions.
8.1 Risk in the Products and Bulk Products will pass to the Customer when the Products or Bulk Products have passed into the Customer's vehicle, tank or other storage equipment or when the Products or Bulk Products have been otherwise delivered and unloaded at the Customer's Site or when the convenience store goods have been taken out of the store.
9.1 Indervon may terminate these Standard Terms and Conditions immediately by notice in writing to the Customer if:
(a) the Customer breaches any obligation under these Standard Terms and Conditions and fails to remedy the breach within 14 days after notice from Indervon to remedy the breach;
(b) the Customer breaches any obligation under these Standard Terms and Conditions and the breach cannot be remedied;
(c) the Customer goes into liquidation, receivership, administration, bankruptcy, enters an arrangement or compromise with its creditors, has any form of insolvency administrator appointed to it or to any of its property or cannot pay its debts when they are
due or where the Customer is a partnership, one or more partners become a bankrupt or the partnership is dissolved;
(d) the Customer dies; or
(e) the Customer fails to purchase in any period any agreed minimum annual quantities of Products or Bulk Products.
9.2 Indervon may terminate these Standard Terms and Conditions immediately without prior notice if:
(a) the Customer is in default, in accordance with clause 6.3(d); or
(b) the Customer, in Indervon's reasonable opinion, represents credit risk to Indervon or may not be able to pay moneys owing or which may become owing by the Customer to Indervon as the payments become due.
9.3 Either party may terminate these Standard Terms and Conditions at any time by giving the other party 30 days written notice.
10. Effects of Termination
10.1 On termination of these Standard Terms and Conditions:
(a) without limiting in any way clause 6.5, all moneys owing to Indervon by the Customer immediately become due and payable without prejudice to any other right of Indervon;
(b) Indervon may take such action as it is entitled to take by law, and, for the purposes of the recovery of the Products or Bulk Products, enter any site where they are stored or where they are reasonably sought to be stored and take possession of them; and
(c) any right accrued prior to the termination remains unaffected.
11. Limitation of Liability
11.1 Indervon will not, under any circumstances, be liable to the Customer, whether directly or indirectly for:
(a) the act or omission of the Merchants, the provision of or the quality or standard of the Services provided by any Merchant;
(b) any fault with any automatic or electronic facility used in connection with or to process the Indervon Card Facility;
(c) any fault with any Card (including PIN);
(d) any fault with the Customer's tanks, storage equipment, loading and unloading facilities, site or other delivery locations;
(e) any third party claim arising out of supply of Products, Bulk Products or Services or the performance or non-performance of any obligations under these Standard Terms and Conditions.
11.2 Indervon will not be liable to the Customer for any indirect or consequential loss, economic loss and/or loss of profit, income, business, production, reputation or goodwill.
11.3 Any Indervon liability which may arise under these Standard Terms and Conditions is limited to the maximum extent permitted by law.
11.4 To the extent permitted by law, all express or implied warranties, conditions or representations relating to the Products or Bulk Products that are not contained in these Standard Terms and Conditions are excluded. If any non-excludable condition or warranty is implied into these Standard Terms and Conditions and such condition or warranty is breached, the liability of Indervon in respect of such breach will be limited to (at Indervon's option):
(a) replacement of the defective Products or Bulk Products or the supply of equivalent products; or
(b) payment of the cost of replacing the defective Products or Bulk Products or of acquiring equivalent products.
12.1 The Customer shall indemnify and hold Indervon harmless against any claim, liability, cost or expense arising directly or indirectly out of:
(a) a breach by the Customer of any provision of these Standard Terms and Conditions;
(b) storage, handling and dispensing of any Products or Bulk Products at the Customer's site or other premises;
(c) misuse, whether innocent or wilful, by the Customer of any Card or the Indervon Card Facility or Bulk Facility.
(a) Subject as may otherwise be expressly stated, and subject to the provisions set out below, if any supply made under or in connection with these Standard Terms and Conditions by one party („Supplier‟) to the other party („Acquirer‟), is subject to GST, the payment for that supply will be increased by an amount equal to the GST payable.
(b) The Acquirer will not be obligated to make any payment for either the supply referred to in paragraph (a) or on account of the GST referred to in paragraph (a) until the Supplier has issued a tax invoice to the Acquirer for the supply to which the payment relates.
(c) If a payment made by one party to the other party is a reimbursement or indemnification of a cost, expense, loss or liability incurred by that other party, the payment shall be reduced by an amount for which that party is entitled to an input tax credit.
(d) Words or expressions used, which are defined in A New Tax System (Goods and Services Tax) Act 1999, have the same meaning.
14. Privacy Notice and Agreement
14.1 Privacy Agreement set out in the Application is expressly incorporated into these Standard Terms and Conditions.
15.1 Indervon Card Facility
All notices must be in writing and must be delivered, mailed or sent by facsimile or e-mail:
(a) to Indervon, using the Contact Details in clause 18; and
(b) to the Customer, using the Customer's contact details as nominated in the Application or as otherwise advised by the Customer in writing.
15.2 Bulk Facility
All notices must be in writing and must be delivered, mailed or sent by facsimile:
(a) to Indervon, using the Contact Details in clause 24; and
(b) to the Customer, using the Customer's contact details as nominated in the Application or as otherwise advised by the Customer in writing.
15.3 The notice will be deemed served when, if delivered, on delivery; if sent by mail, two business days after the date on which the notice was posted; and if sent by facsimile, on confirmation of the successful transmission of all pages and, if sent by e-mail, on the receipt of the e-mail by the recipient's computer network.
16. Force Majeure
16.1 Indervon will not be responsible for failure or for any losses resulting out of the failure to supply or deliver any products or Bulk Products caused by force majeure, including:
(a) partial or total interruption of transport, fires, strikes, differences with workmen, armed conflict, interference of civil or military authority;
(b) curtailment, failure or cessation of supplies of crude oil or any of the products from Indervon's existing, future or contemplated sources of supply;
(c) any breakdown of plant, machinery or equipment owned or operated by Indervon necessary for the production of Products or Bulk Products or any planned or unplanned shutdown of any refinery owned or operated by Indervon;
(d) Court orders, Government policy or orders including price controls, levies, premiums or surcharges, requirement, request or allocation program;
(e) embargoes or other import or export restrictions or any other causes that in the opinion of Indervon are beyond its control; or
(f) anything falling under the general meaning of force majeure or the matters specified in this clause, that would in the reasonable opinion of Indervon make the performance of this Agreement uneconomic to Indervon.
16.2 If for any such cause Indervon is unable to supply any of the Product or Bulk Products its obligations under these Standard Terms and Conditions shall be deemed suspended for the period of inability. In the event of a shortage of such Products or Bulk Products Indervon may, without being deemed to be in breach of these Standard Terms and Conditions, ration or apportion its available supplies among such of its Customers as it may, in its absolute direction, deem desirable during the period or periods of shortage.
17.1 The Customer must notify Indervon in writing of any change in the Customer's contact details or other details within 2 business days of any such change.
17.2 Indervon may:
(a) vary any material provision of these Standard Terms and Conditions at any time by giving not less than 30 days prior written notice; and
(b) make minor variations to these Standard Terms and Conditions at any time without giving the Customer prior notice. Any new version of the varied Standard Terms and Conditions will be available on Indervon's public website for the Customer's information.
17.3 These Standard Terms and Conditions will be governed by the laws of the State or Territory where Indervon has its registered office or such other State or Territory as Indervon in its sole discretion determines.
17.4 These Standard Terms and Conditions constitute the entire agreement between the parties concerning the subject matter of the agreement and any previous agreement, understanding and negotiations on the subject matter are excluded.
17.5 Indervon may assign and/or subcontract its rights and obligations under these Standard Terms and Conditions without notice at any time.
17.6 The Customer may not assign or otherwise dispose of its rights and obligations under these Standard Terms and Conditions without prior written consent from Indervon.
17.7 Any waiver by Indervon of any rights under these Standard Terms and Conditions will not constitute a general waiver of those or other rights.
INDERVON CARD FACILITY
These Standard Terms and Conditions apply to the Indervon Card Facility.
18. Contact Details
As advised by Indervon to the Customer from time to time.
19.1 Indervon agrees to provide the Customer with the Indervon Card Facility for the purposes of purchasing some or all of Products and Services (excluding Bulk Products) from Merchants.
19.2 The Customer agrees that the Indervon Card Facility must be used by the Customer wholly or predominantly for business purposes.
19.3 The Customer must pay the prices charged by the Merchant for Products and Services at the time of the Transaction, unless different prices are agreed in advance between the Customer and Indervon in writing.
19.4 In addition to the price for Products and Services, the Customer must pay:
(a) any duties, taxes, government charges, levies and other imposts presently or in the future being levied by any government or regulatory authority on any of the Products or Services, or the price of any of the Products or Services, in the amounts applicable from time to time;
(b) any costs incurred by Indervon in order to comply with the present and/or future requirements of any government or regulatory authority, including any requirements relating to pollution, carbon, emissions and greenhouse gases (including reporting requirements, the holding of permits and the holding of off-set credits), to the extent such costs increase the cost of any Products or Services or the cost of production or delivery of any of the Products or Services;
(c) a Card Fee as agreed between the Customer and Indervon;
(d) a Transaction Fee as agreed between the Customer and Indervon;
(e) any Card reissue fee, if Indervon reissues any Card to the Customer, unless otherwise agreed in advance between the Customer and Indervon;
(f) any Surcharge; and
(g) GST, where applicable.
19.5 Indervon will charge all amounts due for the purchases of Products and Services to the Customer's Indervon Card Account.
20. Use of Cards
20.1 Indervon may issue any Cards to the Customer for the persons or vehicles nominated in the Application.
20.2 The Customer, as the Indervon Card Facility holder, is fully responsible for the use of the Cards by any of the Cardholders, including the use of PINs.
20.3 The Cardholder must provide the Card to the Merchant at the time of the Transaction.
20.4 The Customer may only use the Cards which are valid and, subject to earlier suspension and termination, only until the expiry date shown on the Card. The Customer shall be fully responsible for any purchases, fees and charges incurred on expired, suspended or otherwise invalid Cards.
20.5 All Cards remain the property of Indervon at all times. Indervon may, at any time, cancel or require the Customer to return or destroy any Card. Where the Customer is not otherwise in breach of these Standard Terms and Conditions, Indervon will reissue a replacement Card to the Customer as soon as practicable.
20.6 The Cards may not be used to obtain cash, cash equivalent of a Product or Service or cash for the refund of a Product or Service.
20.7 The Cards may be issued with Purchase Limits as requested in the Application or otherwise notified by Indervon to the Customer. It is the Customer's responsibility to ensure that the Cardholders do not exceed the Purchase Limits. The Customer is responsible for any purchase in excess of the Purchase Limits, regardless of whether the extension of the Purchase Limit is approved by Indervon at the time of the Transaction. Indervon may refuse to supply any Products or Services to the Customer/Cardholder in excess of the Purchase Limit ("Purchase Limit Exceedance"). In this case, the Customer/Cardholder must pay Indervon/Merchant the amount of the Purchase Limit Exceedance immediately in full. If the Customer/ Cardholder is unable to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.
21. PINs and Identity Verification
21.1 Indervon is able to issue Personal Identification Number ("PIN") activated Cards, with the PIN to be chosen by the Customer. Where a Card is PIN activated, the Customer/Cardholder must use the PIN for all electronic Transactions. Indervon will not accept/ process any electronic Transaction where a Card is PIN activated and the Cardholder fails to enter the correct PIN at the time of the Transaction. In this case, the Customer/Cardholder must pay to Indervon/Merchant the amount payable in respect of the Products and/ or Services, which have been supplied or performed, immediately in full. If the Customer/Cardholder is unable to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.
21.2 Where a Card has been issued without a PIN or where the Merchant processes the Card manually, the Cardholder must provide the Merchant with a suitable form of identification at the time of the Transaction. The Customer agrees that the signature on the back of the Card is not a sufficient form of identification. Indervon may refuse to supply any Products or Services to the Customer/Cardholder where the Cardholder is not able to provide acceptable identification to the Merchant at the time of the Transaction. In this case, the Customer/Cardholder must pay to Indervon/ Merchant the amount payable in respect of the Products and/or Services, which have been supplied or performed, immediately in full. If the Customer/ Cardholder is not able to pay in full for the Products supplied, the Cardholder must immediately return any Products which are capable of being returned in their original condition to the Merchant.
22. Lost, Stolen Cards and Cancellation of Authority to Use
22.1 If any Card is lost, stolen, misused, no longer required by the Customer, or the Customer wishes to withdraw the authority of the Cardholder to use the Card, the Customer must notify Indervon on contact details provided in accordance with clause 18.
22.2 The Customer is fully liable for any purchases, losses, costs, expenses or claims arising out of any use of a Card, whether authorised or unauthorised, until
Indervon receives a notice from the Customer strictly in accordance with clause 22.1.
23. Odometer Readings and Registration
23.1 The Customer acknowledges that odometer readings are recorded purely for reporting purposes and Indervon takes no responsibility for their administration or accuracy.
23.2 If a Card is set up to require an odometer reading, the Cardholder is responsible for entering a correct odometer reading at the time of the Transaction.
23.3 If the Cardholder fails to enter an odometer reading or enters an incorrect odometer reading, the electronic Card processing system will still accept the Card and process the transaction. Indervon is not liable for any loss, cost, expense or claim arising out of any failure of or error relating to odometer readings.
23.4 The Customer agrees that neither Indervon nor Merchants are able to verify the accuracy of odometer readings entered by the Cardholder.
23.5 The Customer agrees that neither Indervon nor Merchants are able to verify the accuracy of motor vehicle registration at the time of the Transaction. The Customer agrees that motor vehicle registration is not a form of verification for the Card or in relation to any Transaction. Indervon relies on the Customer for the provision of correct motor vehicle registration numbers in connection with any Card. Indervon does not verify the registration numbers‟ accuracy or correctness.
These Standard Terms and Conditions apply to the Bulk Facility.
24. Contact Details
As advised by Indervon to the Customer from time to time.
25.1 Indervon agrees to provide the Customer with the Bulk Facility for the purposes of purchasing some or all of Bulk Products from Indervon on credit.
25.2 The Customer agrees that the Bulk Facility must be used by the Customer wholly or predominantly for business purposes.
26.1 The Customer must pay the prices which are charged by Indervon for Bulk Products:
(a) which are delivered to the Customer, at the time of the delivery; or
(b) which are picked up by the Customer from Indervon's premises, at the time of the pick-up; or
(c) when different prices have been agreed in advance between the Customer and Indervon in writing, those agreed prices.
26.2 In addition to the prices for Bulk Products, the Customer must pay:
(a) any duties, taxes, government charges, levies and other imposts (including import and excise costs, custom duties and sales tax) presently or in the future being levied by any government or regulatory authority on any of the Bulk Products, or the price of any of the Bulk Products, in the amounts applicable from time to time;
(b) any costs incurred by Indervon in order to comply with the present and/or future requirements of any government or regulatory authority, including any requirements relating to pollution, carbon, emissions and greenhouse gases (including reporting requirements, the holding of permits and the holding of off-set credits), to the extent such costs increase the cost of any Bulk Products or the cost of production or delivery of any of the Bulk Products;
(c) delivery charges applicable at the time of delivery. Indervon may change its delivery charges at any time without notice to the Customer; and
(d) GST, where applicable.
26.3 Indervon will charge all amounts due for the purchases of Bulk Products to the Customer's Bulk Account.
26.4 The Customer must not on-supply or resell the Bulk Products. If the Customer on-supplies or resells any of the Bulk Products, Indervon may, without prejudice to any other entitlements it may have as a consequence, change the price for all or any of Bulk Products supplied to the Customer to a price charged or chargeable from time to time in relation to equivalent products by a reseller operating from premises nearest the relevant location/s.
27.1 Indervon is not obliged to deliver Bulk Products to the Customer at locations other than the Customer's site nominated for delivery in the Application, or as otherwise may be agreed by Indervon.
27.2 Subject to clauses 27.3, Indervon will deliver Bulk Products to the Customer either in agreed quantities or in accordance with the Customer's Order, as the case may be.
27.3 Indervon is not obliged to supply any Bulk Products to the Customer in any one calendar month in quantities in excess of 5% above the Customer's average monthly requirements for the period of either preceding 12 months or the number of months from the beginning of the Bulk Facility, whichever is the shorter.
27.4 The Customer must make available safe and unrestricted access for delivery at the Customer's site.
27.5 The Customer:
(a) is fully responsible for the condition, reliability and safety (including environmental safety) of its tanks and other Bulk Products storage equipment;
(b) without limiting paragraph (a), must ensure that its tanks and other Bulk Products storage equipment comply with all relevant Laws and that adequate environmental protection systems are in place to prevent migration of any Bulk Products (including bunding, oily water separation systems, fire extinguishers and spill kits); and
(c) must immediately notify Indervon in writing of any faulty tanks or other Bulk Products storage equipment, in which case Indervon will not be obliged to deliver Bulk Products to the Customer until such fault is rectified.
At the commencement of the Bulk Facility the Customer must certify to Indervon in writing that Proper Procedures have been adopted for handling, storing and monitoring Bulk Products in the Customers' tanks and other storage equipment ("Certificate"). "Proper Procedures" mean procedures which, having regard to the nature of the product being handled and stored, its propensity to cause harm to health, safety or the environment and relevant legislation and industry codes, a reasonable person would consider appropriate.
27.6 Whether or not the Customer provides Indervon with the Certificate, Indervon will not be responsible for any leakage from any of the Customer's tanks or other storage equipment, nor any associated environmental damage, except to the extent of Indervon's negligent act or omission, and the Customer agrees to indemnify Indervon against all actions, claims, costs, expenses and other liability in relation to such leakage or environmental damage.
27.7 Written notice of any claim for any defect in quality or shortage in quantity in relation to any of the Bulk Products must be given by the Customer to Indervon within two (2) business days after receipt of the Bulk Product for which the claim is made. The notice must state the nature of the defect or deficiency and indicate where and when Indervon may inspect the Bulk Product. Any inspection by Indervon for the purposes of this clause shall not of itself be construed as an acceptance by Indervon of the Customer's claim.
27.8 The Customer must:
(a) comply with all Laws in relation to the handling, storage and transport of Bulk Products; and (b) without limiting paragraph (a), ensure that the Customer's actions and the Customer's delivery requirements under any Order or otherwise, do not encourage or require any driver assigned to carry out any delivery to:
(1) exceed permitted driving hours;
(2) fail to have minimum rest periods;
(3) exceed the speed limit;
(4) carry Products that exceed vehicle dimension limits;
(5) carry Products that cause vehicle mass
limits to be exceeded;
(6) carry any Products on Indervon's behalf that are not appropriately secured;
(7) work from a dangerous height; or
(8) breach any Laws.
27.9 The Customer agrees to provide Indervon with unrestricted access to the Customer's site from time to time to conduct an audit of the Customer's compliance with this clause 27 and Indervon is not obliged to deliver Bulk Products to the Customer until any identified faults are rectified.
27.10 If the Customer is unable to accept delivery in accordance with the Customer's Order or other notified requirements, then the Customer must pay a Redirection Fee to Indervon.
Definitions apply to the Indervon Card Facility and Bulk Facility.
"Account" means the account opened by Indervon for the Customer to operate either or both of the Indervon Card Facility and/or Bulk facility;
"Application" means a credit application provided by Indervon which the Customer must complete to make an application to Indervon for the supply of Products and Services on credit;
"Bulk Facility" means the facility to purchase Bulk Products on credit;
"Bulk Products" means Petroleum Products and Lubricants which the Customer purchases in bulk; "Indervon" means Indervon Pty. Ltd. A.B.N. 46 009 631 298, its subsidiaries, related or associated companies;
"Card" means a Indervon Card issued to the Customer under the Indervon Card Facility;
"Card Fee" means a monthly fee (inclusive of GST) for each Card as notified by Indervon to the Customer, except where otherwise agreed between Indervon and the Customer;
"Credit Limit" means the amount notified to the Customer by Indervon from time to time as the maximum amount allowed for purchases of Products and Services by the Customer on its Account;
"Customer" means the "Applicant" in the Application;
"Deed of Guarantee, Indemnity and Charge" means a deed which is signed by the Customer as a part of this agreement where relevant;
"Direct Debit Service Agreement" means the agreement regarding the direct debit method of payment;
"Dishonour Fee" is a fee Indervon charges when the Customer's payment is dishonoured by the Customer's financial institution;
"Due Date" means the date, as agreed between the Customer and Indervon, by or on which the amount of the tax invoice must be paid in full, or, if no date has been agreed, the 21st day of the month following the month in which purchases have been made;
"GST" means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
"Lubricants" means all lubricating oils, greases, brake fluids, coolants, fuel performance additives and degreasers manufactured or marketed (or both) by or on behalf of Indervon;
"Laws" means the requirements of all statutes, rules, regulations, proclamations, awards, ordinances, bylaws or Australian Standards, present or future, and whether state, federal or otherwise;
"Merchant" means an authorised supplier of some or all of Products and Services and who may accept Cards;
"Order" means either a one off or a periodic order from the Customer for the delivery of Bulk Products;
"Petroleum Products" means petrol, diesel, liquefied petroleum gas and any other products which may be used in propelling motor vehicles and which are manufactured or marketed (or both) by or on behalf of Indervon;
"Products" means Petroleum Products, Lubricants and convenience store goods;
"Property" means all property of the Customer, wherever situated, including without limitation all real and personal property, business and trading assets, stock, choses in action, goodwill and uncalled capital and called but unpaid capital from time to time;
"Purchase Limit" means a daily and/or monthly dollar, volume or transaction type limit;
"Redirection Fee" means the amount determined by Indervon (acting reasonably) equivalent to the cost to Indervon of the Customer not accepting delivery of Products, including administrative, transport and storage costs;
"Services" means vehicle maintenance, repairs and other services which may be provided by the Merchant to the Customer;
"Indervon Card Facility" means the facility to purchase Products and/or Services on credit using the Card;
"Surcharge" means a fee determined by the Merchant from time to time and charged by the Merchant to the Customer;
"Transaction" means a purchase transaction for which a Card is used by a Cardholder to purchase Products and/or Services;
"Transaction Fee" means an additional amount (fee) (inclusive of GST) paid by the Customer each time the Customer makes a Transaction, as notified by Indervon to the Customer, except where otherwise agreed between Indervon and the Customer.
Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to "person" includes a natural person, company, body corporate or other form of legal entity, and reference to "including" and "includes" is to read as if followed by "without limitation".