10. RECEIPT OF DELIVERY. Customer authorizes Downs Energy to make requested and/or scheduled deliveries of its products whether or not Customer or Customer’s representatives are present to sign the delivery invoice. Customer agrees to pay for all such delivered products under the terms and conditions more fully set forth herein.
11. Customer understands that liability will extend to the full amount of the debt owed regardless of the credit limit set by Downs Energy
12. LAW. California law governs all terms and conditions set forth herein. The Customer, by signing this Agreement agrees to the terms and conditions of this Agreement without exception.
13. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO CARDLOCK CUSTOMERS ONLY. In consideration of the utilization of Downs Energy access card(s), Customer and Downs Energy have entered into the following agreement (“Card Agreement”)
I. Our standard billing frequency for cardlock purchases is three times per month as follows: 1st through 10th, 11th through 20th, 21st through EOM.
II. Customer and its agents agree to follow all posted instructions for the fueling of vehicles and will comply with all safety procedures.
III. Customer hereby accepts the obligation and the responsibility for payment for all fuel registered through the Downs Energy account number(s) assigned to Customer from Downs Energy. Customer will immediately notify Downs Energy of upon determination that a Downs Energy card has been lost or stolen. Notice may be given orally but must be confirmed in writing within 24 hours of first notice. Customer agrees to pay for all products registered through the reported Downs Energy card until Downs Energy receives such written notice.
IV. If a Downs Energy account is invalidated upon Customer’s request, Customer must make written application to reinstate such a card or account. Downs Energy reserves the right to refuse to reinstate any Downs Energy card or account. No invalidated card or account may be reinstated unless all monies owed are paid including all charges and fees.
V. The Card Agreement may be canceled upon 24-hours written notice by Downs Energy or Customer. Should Customer cancel the Downs Energy account, all monies due must be paid within ten (10) calendar days of such cancellation. Upon notice of such cancellation, Customer will return all Downs Energy cards to Downs Energy.
VI. Customer understands and agrees that its right to use the cards provided by Downs Energy may not be assigned.
VII. It is understood and agreed that all Downs Energy cards issued to Customer are the sole property of Downs Energy and must be surrendered upon demand.
VIII. It is understood and agreed that all Downs Energy cards issued to Customer are issued solely for the business of Customer, as an accommodation to Customer.
IX. Written notice as required in this Card Agreement will be deemed received by Downs Energy if (1) by facsimile transmission or email, during Downs Energy normal business hours; subject to written confirmation of receipt from Downs Energy; (2) by overnight courier, on the next business day of deposit with courier; and (3) by U.S. Post Office certified, return receipt mail, on date of the signed return receipt.
X. Customer accepts any and all liability arising or resulting from or related to the use, misuse, unauthorized use, loss or theft or any Downs Energy card resulting in access to a Downs Energy facility (maintained and operated by Downs Energy) or other facility that accepts a Downs Energy card (operated by others) on any affiliated fueling network. Customer understands that the rights conferred herein allow Customer access to purchase products.
XI. Customer also agrees to examine immediately upon receipt, each of Downs Energy’s statements, and to advise Downs Energy of any disputed transactions or statements within ten (10) days of receipt, together with a written statement specifying the reasons for such dispute. Failure to notify Downs Energy of any dispute with respect to defective goods or billing shall constitute a waiver of all such disputes.
XII. CARDLOCK POSTED PRICE DISCLAIMER
The prices posted (and/or on a printed receipt) at any facility that accepts a Downs Energy card may not be the final sales price. Your price is negotiated between you (the applying company) and Downs Energy.
XIII. Customer acknowledges that any card issued to Customer is not a credit card, but merely a means of obtaining access to fuel dispensed through a cardlock facility. State and Federal protections applicable to credit cards are not applicable to cardlock/fuel cards.