The undersigned (hereinafter referred to as “the cardholder”) acknowledges to have requested VANDDIS B.V. (hereinafter referred to as “Vanddis”) to issue an Automated Terminal Card (hereinafter referred to as “the card” The card so issued shall require a separate Personal Identification Number (PIN) to be assigned to the cardholder by Vanddis. The card and the PIN are to function collectively as an ordering and authorizing signature of the cardholder for the purpose of completing a purchase of fuel (gasoline, gasoil, etc through Automated Terminals operated by Vanddis.
Upon issuance of the Vanddis Energy Card, receipt of which is hereby acknowledged, the cardholder agrees to the following terms and conditions:
1. The cardholder shall be responsible for the care and safe preservation of the card, which shall be restricted to personal use only, and agrees to retain the card and PIN separately at all times as a precautionary measure or to destroy any written record of the PIN as soon as the PIN is committed to memory, which is recommended by Vanddis.
2. Where the card and PIN are used as contemplated in this Agreement, any order or authorization issued by the cardholder shall be as effective as if said order or authorization had been personally signed and issued by the cardholder. The customer receipt produced by the Automated Terminal when requested by the cardholder should be retained by the cardholder for subsequent verification against statement records. No further documented evidence of previous transactions will be provided for verification.
3. This agreement is in addition to, and not in substitution of, any and all agreements, authorizations or other arrangements governing any and all accounts, conducted now or in the future by the cardholder with Vanddis, including those stated in this agreement.
4. Vanddis’ records on usage of the Automated Terminals, and Vanddis determination of validity of any transactions stated in this agreement shall be conclusively deemed to be correct and shall be binding upon the cardholder.
5. Vanddis reserves the right to periodically establish monetary limits on transactions stated in this agreement and to program its Automated Terminals accordingly.
6. This card is property of Vanddis, and Vanddis or its agents may immediately take possession of the card in the event of cancellation of this agreement. Nevertheless, whether the agreement is cancelled by Vanddis or the cardholder, the responsibility for the return of the card to Vanddis remains with the cardholder.
7.Restrict the use of the card or cancel this agreement without notice in the event of breach of any terms or conditions in this agreement by the cardholder, or for any other reason at the sole discretion of Vanddis. Alter or cancel any or all terms and conditions in this agreement with one month’s notice, mailed to the last known address of the cardholder.
8. The cardholder shall be liable for any and all use of the card and PIN and the transactions completed herewith until a written notification of their loss, theft or cancellation has been confirmed in writing by Vanddis.
9. Vanddis shall not be liable to the cardholder for the operational failure of any of its Automated Terminals or for any injury, loss or damage suffered during the use of these Automated Terminals, unless caused by gross negligence of Vanddis.
10. Vanddis reserves the right to occasionally withdraw any or all of its Automated Terminals from use and shall not be liable to the cardholder for any resulting loss.