1. Acceptance of Application
1.1 Caltex may accept or decline an Application (at its sole discretion) by written notice to the Customer after the receipt of the correctly completed Application and all supporting information that may be requested.
1.2 If Caltex accepts an Application, Caltex agrees to provide the Customer with the StarCard Facility and/or Bulk Facility on these Standard Terms and Conditions.
1.3 In consideration of Caltex providing the Customer with the StarCard Facility and/or Bulk Facility, the Customer agrees to be bound by these Standard Terms and Conditions (except where Caltex and the Customer are parties to a separate agreement for the supply of:
(a) Bulk Facility;
(b) StarCard Facility; or
(c) Bulk Facility and StarCard Facility in addition to being a signatory to the Application, in which case, that separate agreement will constitute the agreement between Caltex and the Customer for:
(a) Bulk Facility
(b) StarCard Facility; or
(c) both the Bulk and StarCard Facility as the case may be, and these Standard Terms and Conditions (or the relevant section of these Standard Terms and Conditions) will not apply).
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 Caltex 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 Caltex 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 Caltex the amount of the Credit Limit Exceedance immediately in full; and
(b) if the Customer/Cardholder is not able to pay in accordance with subclause
(a), immediately return any Products or Bulk Products which are capable of being returned in their original condition to Caltex or the Merchant.
4.1 Caltex 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 Caltex 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 Caltex.
5.2 The Customer must pay the full amount of the tax invoice by the date specified in the tax invoice (“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 Caltex) 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 Caltex 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 Caltex and not open to dispute or challenge.
5.7 To the extent permitted by law, all money received by Caltex from the Customer will be applied in the manner and order determined by Caltex.
6.1 The payment is made on the date when Caltex 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 Caltex may have, Caltex 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 Caltex receives the payment in full; and/or
(b) immediately and without prior notice suspend the provision of either or both of the StarCard Facility and Bulk Facility to the Customer until the payment is made in full; and /or
(c) review and adjust the Customer’s Credit Limit as Caltex considers appropriate; and/or
(d) terminate the provision of either or both of the StarCard Facility and/or Bulk Facility to the Customer immediately without prior notice.
6.4 Caltex will endeavour to notify the Customer prior to the suspension or termination of the StarCard and/or Bulk Facility if the Customer is in default, however, Caltex reserves the right to suspend or terminate the StarCard and/or Bulk Facility immediately and without prior notice if Caltex 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 Caltex 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 Caltex in attempting to enforce payment or otherwise incurred as a result of the default. All such amounts are debt incurred by the Customer to Caltex and must be paid within 3 business days after the receipt of a tax invoice from Caltex. 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 Caltex by the Customer arising from the use of the StarCard Facility and/or Bulk Facility, the Customer:
(a) agrees to deliver to Caltex, within 7 days of written demand, a mortgage in respect of the Customer’s Property in a form acceptable to Caltex together with any documents required to obtain registration of the mortgage;
(b) charges to Caltex all its Property (wherever situated) to secure its obligations under this Deed and authorises and consents to Caltex lodging a caveat (in a form and subject to any conditions as Caltex sees fit) upon the title to the Property in Caltex’s absolute discretion; and
(c) irrevocably appoints Caltex and persons nominated by Caltex 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 The innocent party may terminate these Standard Terms and Conditions immediately by notice in writing to the other party if:
(a) the other party commits a material breach of any obligation under these Standard Terms and Conditions and fails to remedy the breach within 14 days after notice from the innocent party to remedy the breach;
(b) the other party breaches any obligation under these Standard Terms and Conditions and the breach cannot be remedied;
(c) the other party 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.
9.2 Caltex 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 Caltex’s reasonable opinion, represents a credit risk to Caltex or may not be able to pay moneys owing or which may become owing to Caltex as the payments become due; or
(c) (where the Customer is a partnership), one or more partners become 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.
9.3 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 money owing to Caltex by the Customer immediately becomes due and payable without prejudice to any other right of Caltex;
(b) a party 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, Caltex may enter any site where the Products or Bulk Products are stored and take possession of them; and
(c) any right accrued prior to the termination remains unaffected.
11. Limitation of Liability
11.1 Caltex 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 StarCard 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 All express or implied guarantees, warranties, representations, or other terms and conditions relating to the Products, Bulk Products or Services which are not stated in these Standard Terms and Conditions are excluded to the maximum extent permitted by law.
11.3 Nothing in these Standard Terms and Conditions excludes, restricts or modifies any right or remedy or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
11.4 If any guarantee, warranty, term or condition is implied or imposed in relation to these Standard Terms and Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non Excludable Provision”) and Caltex is able to limit the Customer’s remedy for breach of the Non Excludable Provision, the liability of Caltex for breach of the Non-Excludable Provision is limited to one or more of the following at Caltex’s option:
(a) replacement of the defective Products or the supply of equivalent products; or
(b) payment of the cost of replacing the defective Products or of acquiring equivalent products.
11.5 Subject to Caltex’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, the maximum aggregate liability of Caltex for all claims under or relating to these Standard Terms and Conditions or supply of the Products, Bulk Products and/or Services whether in contract, tort (including without limitation negligence), in equity, under statute, or on any other basis, is limited to an amount equal to the annual Fee.
11.6 Subject to Caltex’s obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, Caltex is not liable for and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, or anticipated savings, whether in contract, tort (including negligence) in equity, under statute, or on any other basis, whether or not such loss or damage was foreseeable.
12.1 The Customer shall indemnify and hold Caltex 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 StarCard 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)
(c) or on account of the GST referred to in paragraph (a)
(d) until the Supplier has issued a tax invoice to the Acquirer for the supply to which the payment relates.
(e) 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.
(f) 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 StarCard Facility: Except as specified in clause 20.2, all notices must be in writing and must be delivered, mailed or sent by facsimile or e-mail:
(a) to Caltex, using the Contact Details in clause 26; 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 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 Caltex 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 other products from Caltex’s existing, future or contemplated sources of supply;
(c) any breakdown of plant, machinery or equipment owned or operated by Caltex necessary for the production of Products or Bulk Products or any planned or unplanned shutdown of any refinery owned or operated by Caltex;
(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 Caltex 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 Caltex make the performance of this Agreement uneconomic to Caltex.
16.2 If for any such cause Caltex 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 it is unable to supply. In the event of a shortage of such Products or Bulk Products Caltex 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 Caltex agrees to provide the Customer with the StarCard Facility for the purposes of purchasing some or all of Products and Services (excluding Bulk Products) from Merchants.
17.2 The Customer agrees that the StarCard Facility must be used by the Customer wholly or predominantly for business purposes.
17.3 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 Caltex in writing.
17.4 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 Caltex 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 Caltex;
(d) a Transaction Fee, as agreed between the Customer and Caltex;
(e) any Card reissue fee, if Caltex reissues any Card to the Customer, unless otherwise agreed in advance between the Customer and Caltex in writing;
(f) any Surcharge; and
(g) GST, where applicable.
17.5 Caltex will charge all amounts due for the purchases of Products and Services to the Customer’s StarCard Account.
18. Use of Cards
18.1 Caltex may issue any Cards to the Customer for the persons or vehicles nominated in the Application.
18.2 Subject to clause 20, the Customer, as the StarCard Facility holder, is responsible for the use of the Cards by any of the Cardholders, including the use of PINs.
18.3 The Cardholder must provide the Card to the Merchant at the time of the Transaction.
18.4 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. Subject to clause 20, the Customer shall be responsible for any purchases, fees and charges incurred on expired, suspended or otherwise invalid Cards.
18.5 All Cards remain the property of Caltex at all times. Caltex may, (provided it has a legitimate business reason to do so, or the Customer is in breach of these Standard Terms and Conditions), 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, Caltex will reissue a replacement Card to the Customer as soon as practicable.
18.6 The Cards may not be used to obtain cash, cash equivalent of a Product, such as a gift card, or Service or cash for the refund of a Product or Service.
18.7 The Cards may be issued with Purchase Limits as requested in the Application or otherwise notified by Caltex 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, applying at the time of Purchase. Caltex 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 Caltex /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.
18.8 The Customer must be eligible in order to opt into the Qantas Business Rewards Program (Program) or link the Card to the Program. Whether a Customer is eligible is determined by Caltex on a case by case basis and is also subject to any other pre-negotiated terms with the Customer. The Customer acknowledges that the Customer may not be eligible if a promotional code or referral code is provided in the Application.
18.9 Customer may enable any of the Card(s) issued to be used by the relevant Cardholder as their nominated payment method in their FuelPay account.
18.10 Once a Card is nominated as a Cardholder’s payment method for FuelPay, the Customer will be notified by email. Customer is responsible for ensuring that the Card has been linked to the authorised Cardholder’s FuelPay account, and reporting any activity which it suspects to be authorised or fraudulent in accordance with clause 20.1.
18.11 The Customer may elect to disable a Card from use in conjunction with FuelPay at any time in its absolute discretion. When FuelPay is disabled on a card either via email notification to firstname.lastname@example.org or via My Star Cards, the change will take up to fifteen (15) minutes to take effect.
18.13 If a Cardholder nominates their Card as their FuelPay payment method, they must keep their physical Card with them at all times. FuelPay is not available at non-Caltex sites and Caltex cannot guarantee that FuelPay will always be available at Caltex participating Locations.
18.14 If Caltex suspects that a StarCard being used via FuelPay is doing so fraudulently, Caltex reserves the right to disable FuelPay on the card without prior notice.
19. PINs and Identity Verification
19.1 Caltex 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. Caltex 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 Caltex/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.
19.2 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. Caltex 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 Caltex/ 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.
19.3 Phone (verbal) password:
A phone (verbal) password (Phone Password) may be setby the Customer as an additional security measure, using myCaltex (My Star Cards). Once set, any request bythe Customer via telephone to make changes to the Customer’s StarCard Account and Cards will require theCustomer to provide the Phone Password.Caltex will not process any requests for changes if the Customer fails to provide the correct Phone Password.
Phone Passwords are user specific and must be 4-8 alpha/numeric characters.The Customer is responsible for keeping the Phone Password confidential and for the use of the Phone Password.
The successful provision of the Phone Password by any person will be considered by Caltex as conclusive proof that the person providing the password has been authorised.
20. Lost, Stolen Cards and Cancellation of Authority to Use
20.1 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 Caltex immediately either through:
(a) StarCard Support; or
(b) myCaltex (My Star Cards). If the Customer uses myCaltex (My Star Cards), the Customer’s notice or request may not be processed for up to 2 hours from the time the notice or request is made. The Customer will remain fully liable for any use of the Card, whether authorised or unauthorised, within this 2 hour period.
20.2 The Customer must NOT use fax or e-mail to give notices under clause 20.1.
20.3 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 Caltex receives a notice from the Customer strictly in accordance with clause 20.1.
21. Odometer Readings and Registration
21.1 The Customer acknowledges that odometer readings are recorded purely for reporting purposes and Caltex takes no responsibility for their administration or accuracy.
21.2 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.
21.3 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. Caltex is not liable for any loss, cost, expense or claim arising out of any failure of or error relating to odometer readings.
21.4 The Customer agrees that neither Caltex nor Merchants are able to verify the accuracy of odometer readings entered by the Cardholder.
21.5 The Customer agrees that neither Caltex 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. Caltex relies on the Customer for the provision of correct motor vehicle registration numbers in connection with any Card. Caltex does not verify the registration numbers’ accuracy or correctness.
22.1 Caltex agrees to provide the Customer with the Bulk Facility for the purposes of purchasing some or all of Bulk Products from Caltex on credit.
22.2 The Customer agrees that the Bulk Facility must be used by the Customer wholly or predominantly for business purposes.
23. Prices for Bulk Products
23.1 The Customer must pay the prices which are charged by Caltex 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 Caltex’s premises, at the time of the pick-up, unless different prices have been agreed in advance between the Customer and Caltex in writing.
23.2 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 Caltex 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. Caltex may change its delivery charges at any time without notice to the Customer; and
(d) GST, where applicable.
23.3 Caltex will charge all amounts due for the purchases of Bulk Products to the Customer’s Bulk Account.
23.4 The Customer must not on-supply or resell the Bulk Products. If the Customer onsupplies or resells any of the Bulk Products, Caltex 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.
24.1 Caltex 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 Caltex.
24.2 Subject to clauses 24.3 and 24.4, Caltex will deliver Bulk Products to the Customer either in agreed quantities or in accordance with the Customer’s Order, as the case may be.
24.3 Unless otherwise previously agreed between the Customer and Caltex, the Customer must take delivery in quantities not less than the full capacity of bulk tankers used by Caltex to make Bulk Product deliveries.
24.4 Caltex 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.
24.5 The Customer must make available safe and unrestricted access for delivery at the
24.6 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 Caltex in writing of any faulty tanks or other Bulk Products storage equipment, in which case Caltex 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 Caltex in writing that Proper Procedures have been adopted for handling, storing and monitoring Bulk Products in the Customers’ tanks and other storage equipment (“Certificate”).
24.7 Whether or not the Customer provides Caltex with the Certificate, Caltex 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 Caltex’s negligent act or omission, and the Customer agrees to indemnify Caltex against all actions, claims, costs, expenses and other liability in relation to such leakage or environmental damage.
24.8 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 Caltex 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 Caltex may inspect the Bulk Product. Any inspection by Caltex for the purposes of this clause shall not of itself be construed as an acceptance by Caltex of the Customer’s claim.
24.9 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 Caltex’s behalf that are not appropriately secured;
(7) work from a dangerous height; or
(8) breach any Laws.
24.10 The Customer agrees to provide Caltex with unrestricted access to the Customer’s site from time to time to conduct an audit of the Customer’s compliance with this clause 24 and Caltex is not obliged to deliver Bulk Products to the Customer until any identified faults are rectified.
24.11 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 Caltex.
25.1 The Customer must notify Caltex in writing of any change in the Customer’s contact details or other details within 2 business days of any such change.
25.2 Caltex 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 (where it is reasonably necessary to protect Caltex’s legitimate business interests);
(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 Caltex’s public website for the Customer’s information.
25.3 These Standard Terms and Conditions will be governed by the laws of NSW.
25.4 Caltex may assign and/or subcontract its rights and obligations under these Standard Terms and Conditions without notice at any time.
25.5 The Customer may not assign or otherwise dispose of its rights and obligations under these Standard Terms and Conditions without prior written consent from Caltex.
25.6 Any waiver by Caltex of any rights under these Standard Terms and Conditions will not constitute a general waiver of those or other rights.
26. Definitions and Interpretation
“Account” means the account opened by Caltex for the Customer to operate either or both of the StarCard Facility and/or Bulk facility;
“Application” means a credit application provided by Caltex which the Customer must complete to make an application to Caltex 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;
“Caltex” means Caltex Australia Petroleum Pty. Ltd. A.B.N. 17 000 032 028, its subsidiaries, Related or associated companies;
“Card” means a StarCard issued to the Customer under the StarCard Facility;
“Card Fee” means a monthly fee (inclusive of GST) for each Card as notified by Caltex to the
Customer, except where otherwise agreed between Caltex and the Customer;
“Cardholder” means a person who uses a Card with the authority of the Customer;
“Credit Limit” means the amount notified to the Customer by Caltex from time to time as the maximum amount allowed for purchases of Products and Services by the Customer on its
“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 Caltex 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 Caltex, by or on which the amount of the tax invoice must be paid in full, or, if no date has been agreed,
(a) For card accounts opened from 1st February 2017, the 14th day of the month following the month in which purchases have been made, unless negotiated otherwise in writing with Caltex; and
(b) For card accounts opened on or before 31st January 2017and Bulk customers, 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;
“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;
“Lubricants” means all lubricating oils, greases, brake fluids, coolants, fuel performance additives and degreasers manufactured or marketed (or both) by or on behalf of Caltex;
“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 Caltex;
“Products” means Petroleum Products, Lubricants and convenience store goods;
“Proper Procedures” means 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;
“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 Caltex (acting reasonably) equivalent to the cost to Caltex 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;
“StarCard Facility” means the facility to purchase Products and/or Services on credit using the Card;
“myCaltex (My Star Cards)” means www.my.caltex.com.au;
“StarCard Support” means telephone 1300 365 096;
“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 Caltex to the
Customer, except where otherwise agreed between Caltex 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”.
27. Contact Details
The Customer may contact Caltex using these contact details:
StarCard Support: 1300 365 096
myCaltex (My Star Cards):
Address: GPO Box 3998 Sydney NSW 2001
Fax: (02) 92505797