Pacific Pride The Commercial Fueling System On Line
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ADDITIONAL TERMS CARDLOCK USE

1. Purchases will be for vehicle owned and/or operated by the Purchaser for commercial use. 2. This access card is issued to initiate a Pacific pride or AmeriNet transaction to obtain fuel or other services offered through the cardlock system. This access card is not a credit card. Therefore the federal $50.00 liability limit for credit cards will not apply to these network fueling access cards, Please note the issuance of credit to the Purchaser is independent of the process for issuing a network access card. 3. Minimum purchases of 2, 400 gallons of fuel per year from all fuel sources is required if CLASS 1 FLAMMABLE (gas) is purchased. 4. In the vent that any legal action is required to collect on this account, Supplier will determine venue for such legal matters. 5. Purchaser shall be responsible for all purchases by Purchaser or any other persons using cardlock cards issued by Supplier if a card is lost, stolen, or misused. The Purchaser agrees that they will not have PIN #/ security access code on or near the card should it become used fraudulently. 6. The Purchaser agrees to be responsible for any spills and/ or fueling facility or equipment damage whether accident or due to negligent use. 7. The Purchaser is advised the cardlock sites that are at/ or near retail sites will not be paying the posted retail price but the actual cardlock price per gallon. The posted price is for cash or credit card pricing only, not the price for cardlock fueling purchases. 8. The Purchaser agrees that the have 30 days from theory statement date to dispute any charge(s) noted within that statement. 9. If there is any change in the ownership of Purchaser or if substantially all of the assets of Purchaser are sold, Purchaser shall promptly notify Supplier of such sale and Supplier shall have a lien on all the assets of Purchaser and a lien on the proceeds of such sale to secure payment of all outstanding sums owing to Supplier. 10. Purchaser represents that it and any person using the cardlock cards delivered to the Purchaser are and shall be aware of the proper use of the cardlock system and shall use safe practices in compliance wit the regulations of the local Fire Code in the handling of the fuels dispensed from the cardlock system. The Purchaser agrees to indemnify and hold Supplier harmless from any claims and costs including, but not expressly limited to, those for using the cardlock cards, delivered to the Purchaser hereunder. 11. Supplier shall use its best efforts to maintain the cardlock system in good working order and conditioning at its expense provided however Supplier shall not be responsible for any damage of loss which may result from its failure to provide fuel or the failure of the cardlock system in any manner whatsoever Purchaser agrees that it and any person using the cardlock cards delivered to the Purchaser shall promptly notify Supplier of any malfunctioning of the cardlock system of which Purchaser of such person is aware. 12 Purchaser's right to purchase fuel through the cardlock system may be terminated upon any breach of any of the terms hereof or of any other agreement with Supplier. Upon termination, Purchaser agrees to immediately surrender all cardlock cards issued to the Purchaser and to immediately pay all outstanding sums wing to Supplier. Supplier shall refund any deposit to Purchaser when all cards are returned and all amounts owing to Supplier are paid in full. 13. In the event of any breach of any of the terms of this agreement or any other agreement between Purchaser and Supplier, including but expressly not limited to the failure to pay sums owing to Supplier when due, then in addition to any other sums due or payable to Supplier by Purchaser, Purchaser agrees to pay the reasonable attorney fees an costs incurred by the Supplier in the enforcement of Supplier's rights even though  no suit or action is filed and if suit or action is filed to enforce the rights of Supplier then such further sum as the court may adjudge reasonable as attorney fees at trail or on appeal of such suit or action on addition to all other sums provided by law. 14. All terms and conditions of this Agreement and Guaranty are intended to cover Purchaser's account as well as all Purchaser's branch accounts, whether set up now or in the future. 15. A $40.00 handling fee will be charged foe all checks returned from the bank for any reason. Of two or more  checks are returned within a one- year period your account may be cancelled and your access card(s) invalidated from the network.

FOR MAXIMUM SECURITY, DO NOT PUT YOUR PIN# ON OR NEAR YOUR FUELING CARDS. 

 


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Last modified: 04/22/05.