Fill - Free fillable Gull Fleet Card Information Introduction PDF form

Fees

Item Description Fee excluding GST

Monthly Card Fee $3.95

Transaction Fee Per transaction $0.20

Plus discounts when you use your CardSmart Fuel Card to purchase at...

Accepted at All Major Service Stations Nationwide

Beneﬁts

Additional Beneﬁts

24 Hour Emergency Breakdown Service (User fees apply)

Online functions include:

- View and print reports

- Order cards online (Vehicle cards only)

Consolidation of all expenses in one monthly Tax Invoice

Up to 51 days interest free credit*

Your choice of purchasing power for each card

Can be more than just a fuel card

with “Automotive Services” and “ All Sevices” Card’s Only

You can use your CardSmart Fuel Card to purchase:

Taxi Fares

Tyre’s

Vehicle Battery

Vehicle

Servicing

with “ All Sevices” Card/s Only

* conditions apply

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EXAMPLE1

EXP 05/25

Gull Fleet Card is New Zealand’s premier automotive charge card solution oering a comprehensive range of services and

benets to manage your vehicle eet. Gull Fleet Card provides a secure means to track and control expenditure and gives you the

ability to choose across all fuel brands nationwide, saving considerable time and money.

Introduction

Gull Fleet Card Information

DRIVEN BY

BUSINESS ACCOUNT

Contact Person:

Trading Name:

Trading As:

(PLEASE TICK)

Partnership Trust / Society / Non-Profit Sole Trader Other

Year Commenced: Nature of Business:

Street Address:

Postal Address:

Email Address:

Work Number: Fax Number:

Mobile Number:

Contact Person

I/We warrant the information given hereon is correct and authorise any person or organisation to provide Cardlink with such information as may be required to establish my/our credit

worthiness. I/We agree to be bound by Cardlinks Terms and Conditions attached to this application. Usage of the card(s) indicates that you have read and accepted these Terms and

Conditions. The Cardmaster, the Card Users and the Named Persons will be jointly and severally liable for all charges made with or incurred by the use of the Card(s) issued to the

Cardmaster and the Card User as provided in such Terms and Conditions. I/We understand that by signing this application and/or the acceptance or use of our card(s), I/We as

Named Persons, accept joint and several personal liability in respect of all use of the card(s) by the Cardmaster and the Card Users as identified in the Terms and Conditions.

I have read and accepted your terms & conditions (also availble online at www.cardlink.co.nz/cardsmart/forms)

I would like to have my statements emailed to:

PROPRIETOR / PARTNER/ DIRECTOR INFORMATION

Residential Address:

Not P O Box

1. Full name of Proprietor / Partner / Director / Signatory:

Date of Birth:

/ /

Residential Address:

Not P O Box

2. Full name of Proprietor / Partner / Director / Signatory:

Date of Birth:

/ /

Full Legal Name:

City: Post Code:

Signatory’s full name

Signature

Date / /

Title

(Business Only)

Signature

Joint applicant full name (2)

Signature

Joint applicant full name (1)

If you have any queries or problems completing this Application please contact Cardlink on 0800 727 863 or email sales@cardlink.co.nz

Please post completed Application, Direct Debit form and any other accompanying information to:

FREEPOST 139740, Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland 1149; or

Fax to: 09 574 7797 or email to sales@cardsmart.co.nz

Company Number:

DECLARATION / PRIVACY ACT

Limited

Drivers Licence Number:

Drivers Licence Version:

Drivers Licence Number:

Drivers Licence Version:

560325 20962 829603

EXAMPLE1

EXP 05/25

Gull Fleet Card Application

Name on Bank Account

CARDLINK ACCOUNT NUMBER

(not to operate as an assignment or an agreement)

Authority to accept

Direct Debits

BANK BRANCH ACCOUNT NUMBER SUFFIX

BANK/BRANCH:

ADDRESS:

TOWN/CITY:

Authorisation Code

Date:

3 0

1 1 7 6

I / We authorise you until further notice in writing to debit my/our account with all amounts which Cardlink Systems Limited,

Private Bag 99918, Newmarket, Auckland the registered initiator of the above Authorisation Code, may initiate by Direct Debit.

I/We acknowledge and accept that the bank accepts this Authority only upon the conditions listed on this form.

Authorised Signatures (s)

C A R D L I N K

FOR BANK USE ONLY

BANK STAMP

DATE RECEIVED: RECORDED BY: CHECKED BY:

APPROVED

0117

09/13

PLEASE ATTACH ENCODED (DEPOSIT) SLIP TO ENSURE YOUR NUMBER IS LOADED CORRECTLY

PAYER PARTICULARS

PAYER CODE

PAYER REFERENCE

If you have any queries or problems completing this Application please contact Cardlink on 0800 727 863 or email sales@cardlink.co.nz

Please post completed Application, Direct Debit form and any other accompanying information to:

FREEPOST 139740, Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland 1149; or

Fax to: 09 574 7797 or email to sales@cardsmart.co.nz

DRIVEN BY

Conditions Of This Authority to Accept Direct Debits:

Information to appear on My/Our Bank Statement (To be completed by the initiator)

To: The Manager (Please print Full Postal Address Clearly for Window Envelope)

1. The Initiator:

(a) Will not initiate a direct debit on my/our account unless authorisation is received from

me/us in accordance with the terms and conditions agreed between me/us and the

Initiator of each amount to be debited from my/our account.

(b) Has agreed to send notice of the net amount of each Direct Debit and the due date of

debiting after receiving authorisation from me/us under clause 1 (a) but no later than the

date the Direct Debit will be initiated. This notice must be provided in writing (including by

electronic means and SMS where the customer has provided prior written consent

(including by electronic means including SMS) to communicate electronically).

The notice will include the following message:- “The amount $………, was directly

debited to your Bank account on (initiating date).”

notice to the Bank that no further Direct Debits are to be initiated under the Instruction.

Upon reciept of such notice the Bank may terminate this Instruction as to future payments

by notice in writing to me/us.

(d) May, upon receiving written notice (dated after the date of this Instruction) from a bank

to which I/we have transferred my/our bank account, initiate Direct Debits in reliance of

that written notice and this Instruction from the account identified in the written notice.

2. The Customer may:

(a) At any time, terminate this Instruction as to future payments by giving notice of

termination to the Bank and Initiator by the means agreed by the customer, Bank and

Initiator.

(b) Stop payment of any Direct Debit to be initiated under this Instruction by the Initiator

by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.

Instructions by debiting the amount of the Direct Debits back to the Initiator through the

Initiator’s Bank where the Initiator cannot produce a copy of the Instructions and/or

Confirmation to me/us that I/we are reasonably satisfied demonstrate that I/we have

authorised my/our bank to accept Direct Debits from the Initiator against my/our account

PROVIDED the request is made not more than 9 months from the date when the first

Direct Debit was debited to my/our account by the Initiator under the Instructions.

3. The Customer acknowledges that:

(a) This Instruction will remain in full force and effect in respect of all Direct Debits passed

to my/our account in good faith notwithstanding my/our death, bankruptcy or other

revocation of this Instruction until actual notice of such event is received by the Bank.

(b) In any event this Instruction is subject to any arrangement now or hereafter existing

between me/us and the Bank in relation to my/our account.

shall not be the concern of the Bank except in so far as the Direct Debit has not been

paid in accordance with this Instruction. Any other disputes lies between me/us and the

Initiator.

(d) Where the Bank has used reasonable care and skill in acting in accordance with this

Instruction, the Bank accepts no responsibility or liability in respect of:

- the accuracy of information about Direct Debits on Bank statements; and

- any variations between notices given by the Initiator and the amounts of Direct Debits.

(e) The Bank is not responsible for, or under any liability in respect of the Initiator’s failure

to give notice in accordance with 1(a) nor for the non-receipt or late receipt of notice by

me/us for any reason whatsoever. In any such situation the dispute lies between me/us

and the Initiator.

4. The Bank may:

(a) In it's absolute discretion conclusively determine the order of priority of payment by it

of any monies pursuant to this or any other Instruction, cheque or draft properly signed by

me/us and given to or drawn on the Bank.

(b) At any time terminate this Instruction as to future payments by notice in writing to

me/us.

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EXAMPLE1

EXP 05/25

Gull Fleet Card Application

TERMS & CONDITIONS

Last Updated July 2018

Cards are issued by Cardlink Systems Limited

You sh

ould read these Terms and Conditions carefully. By accepting and/ or using the

Card, those signing an application form for the Card, the Card master agrees with

Cardlink Systems Ltd to be bound by these terms and conditions and any future

amendments from time to time made in accordance with clause 2.

DEFINITIONS

In these terms and conditions unless the context otherwise requires, the following

expressions shall have the following meanings:

“Account” means the account opened by Cardlink in the name of the Cardmaster in

respect

of which transactions are debited, and payments made by the Cardmaster

are credited, in

the operation of the account.

“Application Form” means the application for an Account submitted to Cardlink.

“Business Day” means a day on which trading banks are open for commercial

business in

Auckland, New Zealand.

“Card” means the enclosed card and any other card issued at the Cardmaster’s

request, as

agreed to by Cardlink at the relevant time.

“Cardlink” means Cardlink Systems Ltd and its successors or assigns.

“Cardmaster” means a person, company, corporation, firm or association who or

which, by

applying for a Card, has entered into an agreement with Cardlink by which

the Cardmaster

has a right to nominate Card Users.

“Card User” me

ans each person nominated by the Cardmaster to use a Card.

“Charge” means the amount incurred during the Charge Period by the Cardmaster

and the

Card User for the purchase of Supplies using the Card at the Supply Price,

whether or not a

Sales Voucher is actually completed or signed in connection with

such charge and includes

the relevant Fee.

“Charge Period” means the recurring period determined by Cardlink at its discretion

from

time to time during which Charges may be incurred by the Cardmaster and the

Card User.

“Credit Limit” means any limit imposed by Cardlink on the value of

Supplies which may be

purchased using the Card during a Charge Period.

“Discount” means any discount or rebate, however described, offered or provided by

Cardlink to the Cardma

ster from time to time in connection with any Charge.

“Fee” means such sum from time to time determined and charged by Cardlink in

connection with an Account and/or the Card including running costs and levies and those

fees and charges posted on Cardlink’s website or otherwise notified to the Cardmaster

from time to

time.

“includes” and “including” mean including without limitation to the generality of the

foregoing.

“Petroleum Products” means any motor spirit, diesel, fuel oil, kerosene, detergents

and solvents, lubricants (including all automotive and industrial lubricants and greases)

provided (directly or indirectly) for sale or supply to the Cardmaster or the Card User.

“On-line Purchases” me

ans internet purchases of Supplies by the Cardmaster or Card

Users from the websites

of Suppliers.

“Related Companies” has the meaning given to it in section 2(3) of the Companies Act

1993.

“Sales Voucher” means a voucher or receipt in the form from time to time provided

Cardlink or a Supplier for use of the Card.

“Sales Voucher Purchases” means purchases of Supplies from Suppliers made by the

Cardmaster or Card Users

using Sales Vouchers.

“Special Conditions” means any terms and conditions relating to Cards, other than

those specified in these terms and conditions, which Cardlink and the Cardmaster have

agreed to in writing.

“Statement” means the consolidated tax invoice produced by Cardlink for each Charge

Period

that details all Charges owing to Cardlink by the Cardmaster.

“Supplier” means a person, company, corporation, firm or association appointed by

Cardlink

to (directly or indirectly) provide or sell Supplies to the Cardmaster or the Card

User.

“Supplies” means goods and services sold or supplied by a Supplier nominated by

Cardlink

from time to time.

“Supply Price” means a price for the purchase of the Supplies as determined by

Cardlink (from time to time) by reference to a range of factors, including prevailing

market conditions.

“Vehicle” means a vehicle or equipment in respect of which particulars have been

notified to

Cardlink by the Cardmaster for use by a Card User or a vehicle or equipment

hired by a Card

User using the Card.

CHANGES

Cardlink reserves the right to vary these terms and conditions (including the

Fees, Discounts and Special Conditions) at any time either by notice in writing to the

Cardmaster via post or email, or by

publishing the new or amended terms and

conditions (including Fees and Discounts) on its

website at www.cardlink.co.nz. Any

of these notices shall be deemed to be notice to

the Cardmaster. Notice shall be

deemed to have been received by the

Cardmaster on the second Business Day after

the day on which notice is posted

to the last known address of the Cardmaster, or posted

to the website or

via email. The Cardmaster is bound by any such amendment unless

all

issued Cards are cut in half and returned to Cardlink within 5 Business Days of

receipt of the

notice as set out above. Use of Card after the notice will be deemed to

be acceptance of the

new or amended terms and conditions (including Fees and

Discounts).

AUTHORISED CARD USER

The Cardmaster shall notify Cardlink of the name of each person authorised by the

Cardmaster to use a Card, and if authorised only for a Vehicle, the registration details of

that

Vehicle by completing and returning an Application Form to Cardlink.

COMPLIANCE BY CARD USER

4.1 The Cardmaster shall issue the Card to the Card User and the Cardmaster shall

ensure that the

Card User complies with these terms and conditions and any

other

instructions on the use of the Card as may be given by Cardlink to the Cardmaster

from time

to time, including keeping any Personal Identification Number assigned to

the Card secure

and not exceeding any Credit Limit.

4.2 The Cardmaster agrees and acknowledges that any act or omission of the Card

User in connection with the Card will be deemed an act or omission of the Cardmaster.

Without limiting the foregoing, the Cardmaster shall be liable to Cardlink for all acts and

omissions of the Card User.

LOSS OF CARD

5.1

If the Card is lost or stolen or otherwise ceases to be in the possession of the

Cardmaster

or the Card User, the Cardmaster shall immediately notify Cardlink giving

all available information as to the circumstances of such loss

or theft, confirming all such

information to Cardlink in writing and taking all reasonable steps

that Cardlink may require

to assist Cardlink to recover the Card.

5.2

The Cardmaster shall be liable for all purchases made prior to receipt of such

initial

notification (including any purchases in excess of the Credit Limit) by Cardlink but

shall have

no liability for purchases made with the Card by parties other than the

Cardmaster or the

Card User after such receipt.

WITHDRAWAL OF CARD

6.1

Upon a Card User ceasing for any reason to be authorised by the Cardmaster to use

the

Card, or any Vehicle ceasing to be a Vehicle operated by the Cardmaster, then the

Cardmaster

shall immediately notify Cardlink and return the Card previously issued to

the Card User to

Cardlink.

6.2

The Cardmaster shall be liable for all purchases made prior to receipt by Cardlink of

the

Card (including any purchases in excess of the Credit Limit) but shall have no

liability for

purchases made after such receipt with the Card or in respect of any Vehicle

ceasing to be

subject to the Card.

INDEMNITY

The Cardmaster shall indemnify Cardlink and its Related Companies (“Indemnified

Persons”) and hold the Indemnified Persons harmless in respect of all claims, costs,

expenses, losses, liabilities, damages proceedings and legal fees (on a solicitor-client basis)

of whatsoever kind made against, suffered or incurred by the Indemnified Persons in

connection with:

7.1

the loss, theft or fraudulent or other misuse of the Card by the Card User or any

other

person, which occur prior to initial notification by the Cardmaster under clause 5

above or

receipt of the Card by Cardlink pursuant to clause 6 above; or

7.2

as a result of the breach by the Cardmaster of these terms

and conditions; or

7.3

the supply or non-supply of the

Supplies.

This clause 7 is for the benefit of and intended to be enforceable by each of the

Indemnified Persons for the purposes of Subpart 1 of Part 2 of the Contracts and

Commercial Law Act 2017,

RETURN OF THE CARD

The Card is at all times the property of Cardlink and shall be returned by the Cardmaster

Cardlink immediately upon the request of Cardlink at any time for any reason

without

obligation on Cardlink to reissue the Card.

CANCELLATION

9.1

Cardlink may upon the cancellation, loss, theft or destruction of the Card or for any

other

reason give such notice as it thinks fit that the Card is no longer valid.

9.2

Cardlink shall be entitled to disclose to any Supplier or any other person the reason

for

the cancellation or invalidity of the Card. The Cardmaster waives and, if required

by Cardlink, shall procure that each Card User shall waive all rights of action against

Cardlink in relation to disclosure, whether given

negligently or otherwise and

irrespective of whether the disclosure is false, misleading or

otherwise in error.

9.3

Cardlink may at any time disclose to any third party information concerning the

Account

as may be necessary for the operation of the Account or the Card (or both).

10.

PURCHASE OF SUPPLIES

10.1

The Cardmaster shall ensure that the Card User obtains a Sales Voucher in respect

Sales Voucher Purchases. The Cardmaster must procure that the Card User signs each

Sales Voucher at the time of

purchase of the Supplies. The signature by the Card User

on a Sales Voucher shall constitute

a purchase by the Cardmaster from the Supplier of

all Supplies to which that Sales Voucher

relates. The Cardmaster shall have no right to

dispute the amount of any Sales Voucher or the authority of the Card User to purchase

those Supplies.

10.2

All amounts debited to a Card as the result of an On-line Purchase, shall constitute a

purchase by the Cardmaster. The Cardmaster shall have no right to dispute the amount

of any On-line Purchase or the authority of the Card User to purchase those Supplies.

10.3

Cardlink shall not be liable to the Cardmaster for any loss, damage, costs or expenses

suffered by the Cardmaster or the Card User arising directly or indirectly from failure by

the Supplier to accept a Card or failure by the Supplier to charge the appropriate price for

Supplies notwithstanding that such failure may constitute a breach of any contract or

agreement between the Supplier and Cardlink.

10.4

Cardlink shall not be liable for any act or omission of any Supplier, or any defect or

deficiency in any Supplies acquired by use of the Card. The Cardmaster will be solely

responsible for any claim against or dispute with any Supplier and the existence of such

claim or dispute shall not relieve the Cardmaster of the obligation to pay the amount of all

Charges due to Cardlink as set out in the Statement.

11.

WARRANTY BY CARDMASTER

Signature by a Card User on a Sales Voucher in conjunction with the use of the Card and

use

of a Card for an On-line Purchase shall constitute a warranty by the Cardmaster to

Cardlink that:

11.1

All statements, amounts and other information contained in the Sales Voucher

provided to the Supplier’s website on the internet are true and correct in all respects

and

reflect a genuine commercial transaction between the Supplier and the Cardmaster

or Card User and there

are no collateral contracts or other representations in existence

affecting the sale of the

Supplies to which the Sales Voucher relates;

11.2

In the case of a Sales Voucher Purchase, after its completion and signature the

Sales

Voucher has not been altered or added to;

The Cardmaster has no right to dispute or withhold payment to Cardlink in respect of

the whole or any part of the amounts shown on the Sales Voucher;

11.3

The transaction complies in all respects with the requirements of any relevant law

regulation; and

11.4

The benefit of the transaction has not been assigned, pledged or dealt with by the

Card

User in any manner or in favour of any person other than the Cardmaster.

12.

PROPERTY IN THE SUPPLIES

12.1

Cardlink acknowledges that the Cardmaster shall, subject to clauses 12.2 and 12.3,

have

the property in the Supplies and shall be entitled to the benefit of all terms and

warranties

relating to the Supplies.

12.2

Except where Cardlink gives the Cardmaster written notice to the contrary and

TERMS & CONDITIONS

Last Updated July 2018

notwithstanding any period of credit, legal and beneficial ownership of the Supplies

(except Petroleum Products) shall vest in Cardlink until payment of all the Charges is

made in

full to Cardlink by the Cardmaster. If payment is overdue Cardlink may recover

and sell the

Supplies (including Petroleum Products).

12.3

For the period until payment of the Charges and all other monies owing by the

Cardmaster to Cardlink have been made in full, the Cardmaster grants to Cardlink a

purchase

money security interest in all of the Supplies (including Petroleum

Products) and their

proceeds and Cardlink may register that purchase money security

interest on the Personal

Properties Security Register and, where necessary, amend

that registration. The Cardmaster

acknowledges that these terms and conditions

constitute a security agreement.

13.

CARDLINK AND SUPPLIER LIABILITY

13.1

To the extent permitted by law, Cardlink, nor the Suppliers shall be liable to the

Cardmaster or the Card U

ser for any defects in the Supplies purchased or any

Supplies

improperly made or supplied, or for any mechanical failure of a vehicle

resulting from such

defects, nor for any loss, damage or claim whatsoever arising

from such defects, whether

directly or indirectly caused and whether suffered by the

Cardmaster, the Card User or any

third party. This clause 13.1 is also for the benefit of

and intended to be enforceable by each of the Suppliers for the purposes of Subpart 1

of Part 2 of the Contracts and Commercial Law Act 2017,

13.2

The parties acknowledge and agree that the goods and services supplied by

Cardlink to

the Cardmaster and the Card User, and the Supplies acquired by the

Cardmaster and the

Card User using the Card are all “supplied and acquired in trade”

within the meaning of the

Fair Trading Act 1986 and the Consumer Guarantees Act

1993, and that the Consumer

Guarantees Act 1993 and sections 9, 12A, and 13 of the

Fair Trading Act 1986 will not apply

to these terms and conditions and that it is fair and

reasonable to exclude their

application.

13.3

The parties also acknowledge and agree that any right, duty or liability that would

arise under a contract of sale under Part 3 of the Contract and Commercial Law Act 2017

and the United Nations Convention on Contracts for the International Sale of Goods

under Part 3, Subpart 7 of the Contract and Commercial Law Act 2017 are

excluded from

application to the purchase and provision of the Supplies to the fullest extent permitted

by law.

13.4

Cardlink shall not under any circumstances be liable to the Cardmaster for any loss

of profit, loss of opportunity or indirect or consequential losses resulting from any breach

by Cardlink of its obligations under these terms and conditions.

13.5 To the extent permitted by law, Cardlink’s liability under these terms and

conditions shall be limited to a sum which is equivalent to the aggregate Fees paid by

the Cardmaster in the preceding 3 months.

14.

PAYMENT FOR SUPPLIES

For Supplies purchased by the Card User using the Card in accordance with these

terms and

conditions, Cardlink shall pay the relevant Supplier the price agreed

between Cardlink and

the Supplier for those purchases.

15.

CARDLINK CHARGES

15.1

Following the conclusion of each Charge Period the Cardmaster will be

issued

a Statement, which will set out the Charges for that Charge Period and the total

amount owing to Cardlink (“Payment Amount”). The Cardmaster must pay the

Payment

Amount to Cardlink by the due date specified in the Statement in accordance

with clause 16.

15.2

Cardlink reserves the right to change any Fees charged and to change or

discontinue any

Discounts offered or provided to the Cardmaster, without prior notice

to the Cardmaster.

15.3

In respect of each Charge Period, the provision of Supplies and the provision of the

Card

and other services by Cardlink as set out in these terms and conditions during

that Charge

Period shall constitute a separate contract between Cardlink and the

Cardmaster for that Charge Period. The agreed price for those Supplies, Cards

and

other services shall be the Payment Amount as set out on the Statement for that Charge

Period.

16.

PAYMENT BY THE CARDMASTER

16.1

The Cardmaster shall make payment to Cardlink of the Payment Amount referred

to in

clause 15, either by authorising its bankers to pay by direct debit initiated by

Cardlink, or by

direct credit if so authorised by Cardlink.

16.2

Where the Payment Amount is not paid in full by the Cardmaster, any monies

received

by Cardlink from the Cardmaster shall be applied in such a way as Cardlink

shall in its sole

discretion determine.

16.3

Payment in full of the Payment Amount must be received by Cardlink

no later than

the due date for payment as specified on the Statement. Any payment made

will not

be deemed to have been received by Cardlink until the date on which such payment

actually credited to Cardlink’s account. If the due date falls on a weekend or a day

other

than a Business Day, payment should be received no later than the Business Day

preceding the due date for payment.

16.4

If a payment is overdue or dishonoured, Cardlink will charge the Cardmaster

overdue

and administration fees as determined by Cardlink and as posted on Cardlink’s

website from

time to time, but without prejudice to the right of Cardlink to charge interest

on the amount

owing or any other rights and remedies available to Cardlink. If the

Cardmaster or Card User

continue to use a Card after a payment is due Cardlink will

deem this to be a request for a

credit extension. Such requests will be considered at

Cardlink’s discretion, taking into

consideration the Cardmaster’s account structure,

payment history and any credit

information available. Any request for a credit

extension will be considered solely at

Cardlink’s discretion and if the request is rejected,

Cardlink has no liability to the Cardmaster

in respect of any action to cease supply. If

Cardlink agrees to grant the Cardmaster a credit

extension the Cardmaster may be

charged a credit extension fee, being a percentage of

Charges, until the outstanding

balance has been repaid. The Cardmaster will be liable for any outstanding amounts,

as well as any losses, damages, costs and disbursements (including legal costs on a

solicitor-client basis) incurred by Cardlink in recovering the outstanding amount,

including interest.

16.5

Cardlink may at the time a Charge is incurred, agree (on request) to accept

payments in

respect of the Charge incurred by means of an arranged instalment plan.

Subject to the terms

of that plan, and Cardlink’s approval, that Charge may then be

repaid by instalments over a

period agreed with Cardlink. If this is agreed, the

Cardmaster must pay to Cardlink a finance

charge as may be determined by Cardlink

from time to time, calculated from the

time the

Charge is incurred until final payment is

made to Cardlink.

17.

TERM AND TERMINATION

17.1

The term of this agreement shall be for a period from the date on which Cardlink

accepts

the completed Application Form of the Cardmaster and shall continue

thereafter unless

terminated by 30 Business Days’ notice by either Cardlink or the

Cardmaster, or such lesser

period as determined by Cardlink if a Supplier terminates its

arrangement with Cardlink.

17.2

Notwithstanding any prior waiver of its rights, Cardlink may without notice immediately

terminate this agreement in respect of the Cardmaster in any of the

following

circumstances:

(a)

Failure for 5 Business Days by the Cardmaster to pay any monies due

under these

terms and conditions.

(b)

Failure by the Cardmaster to observe these terms and conditions after 5

Business

Days’ notice specifying the default has been given by Cardlink.

(c)

The Cardmaster becoming insolvent, ceasing or threatening to cease

business or

having a receiver appointed for execution or distress levied upon any of its assets

or a

meeting being called of the Cardmaster’s creditors or any of them for the

purposes of

financial rescheduling or the payment of money due.

(d)

The Cardmaster entering into or attempting to enter into a compromise

with creditors

or (in the case of a limited liability company) going into liquidation

except a voluntary

liquidation for the purposes of amalgamation or solvent reconstruction of the

Cardmaster.

17.3

The termination of this agreement shall not affect the rights or liabilities of any party

against the ot

her to the date of such termination.

17.4

The outstanding balance on the Account shall immediately become due and payable

the termination of this agreement and the Cardmaster shall immediately

return all

Cards to Cardlink.

18.

OTHER LIABILITY

The Cardmaster is liable for all Charges made with or incurred by the use of the Cards

issued

to the Cardmaster and any Charges made with or incurred by the Card User.

19.

FORCE MAJEURE

Neither Cardlink, nor any Supplier shall be under any liability to the Cardmaster or any

Card

User for failure to perform any obligation if that failure is due to an event

beyond the

reasonable control of Cardlink or the Supplier or their respective agents,

subcontractors

or employees.

20.

WAIVER

Any neglect, forbearance or indulgence on the part of Cardlink relating to its strict rights

under these terms and co

nditions shall not be deemed to be an express or implied waiver

such rights.

21.

ASSIGNMENT

The Cardmaster shall not assign, subcontract or

otherwise deal with its rights or

obligations (or both) under these terms and conditions.

22.

PRIVACY

The Cardmaster agrees, and will procure that the Card User agrees, that Cardlink may

collect their

personal information (as defined in the Privacy Act 1993) during the

application process and

in the course of subsequent business dealings. Cardlink will use,

disclose, store and process personal information in accordance with Cardlink’s Privacy

Policy posted on Cardlink’s website (and as amended from time to time). The Privacy

Policy is part of and incorporated into these terms and conditions. The Cardmaster’s use

of the Card is deemed acceptance of the Privacy Policy and will procure that the Card User

also agrees to the Privacy Policy.

23.

NOTICES

23.1

All communications between the parties to these terms and conditions shall be given

writing and be deemed to have been given to the addressee at the time stated

below

provided that the notice is addressed to the last known business address of the

other party. (a)

By mail - 2 days after despatch (b) By email or other electronic means

of written

communication - 6 hours after despatch during business hours or if

despatched outside of

business hours, then the next Business Day.

23.2

Clause 23.1 does not apply to a notice given under clause 5 or clause 6 of these terms

and conditions. Notice un

der clauses 5 and 6 is given when Cardlink actually receives the

notice.

24.

FUTHER ASSURANCES

Unless otherwise specified in these terms and conditions the Cardmaster will, and will

procure that the Card users

will, when requested by Cardlink, promptly do, sign and

deliver everything reasonably

required to give full effect to these terms and conditions and

the transactions contemplated

by these terms and conditions.

25.

SEVERANCE

Should any part or provision of these terms and conditions be held invalid or

unenforceable,

then that invalid or unenforceable part or provision will be deemed

severed from these

terms and conditions and will not affect the validity or enforceability

of the remainder of

these terms and conditions.

26.

SURVIVAL

Without limiting the clauses that will survive termination of this agreement, the following

clauses will survive termination (irrespective of the basis for the termination): Clause 6

Withdrawal of Card; Clause 7 Indemnity; Clause 8 Return of Card; Clause 9 Cancellation;

Clause 10 Purchase of Supplies; Clause 11 Warranty by Cardmaster; Clause 12 Property

the Supplies; Clause 13 Cardlink and Supplier Liability; Clause 15 Cardlink Charges;

Clause 16

Payment by the Cardmaster; Clauses 17.3 and 17.4 Termination; Clause 18

Other Liability;

Clause 19 force Majeure; Clause 20 Waiver; Clause 21 Assignment;

Clause 22 Privacy; Clause

23 Notices; Clause 25 Severance; and this Clause 26 Survival.

27.

SPECIAL CONDITIONS

Special Conditions (if any) are part of and incorporated into these terms and conditions. If

there is any inconsistency between these terms and conditions and the Special Conditions,

the Special Conditions will prevail to the extent of the inconsistency.

Existing Account Number if applicable

Cards are either designated to a vehicle or a person. Please copy if additional cards are required.

Card Type

There are three card options:

All Services - for all products and services, can be used with any participating supplier - Individual or Vehicle Cards

All Automotive Services - for all vehicle products and services including tyres - Vehicle Cards only

Fuel & Oil Only - for fuel and oil purchases only - Vehicle Cards only

Vehicle Cards

Card Type (please tick) All Services All Automotive Services Fuel & Oil Only

Driver Name

Registration Number

Make

(e.g. Subaru)

Model (e.g. Legacy)

Sub Model (e.g. GT)

CC Rating

Fuel Type (please tick) Super Unleaded Diesel

ro/dna

LPG CNG

yripxE FOC/FOW yripxE noitartsigeR

Purchase Date

Start Odometer Reading

ertneC tsoC deretsigeR tsriF raeY

Transmission Type (please tick) Automatic Manual Other

Body Style (please tick) Sedan Hatch S/W

Ute Van/Truck Bus

Other:

Individual Cards All Services cards only

/ / htriB fo etaD emaN

Signature

Residential Address

edoctsoP ytiC

liamE enohpeleT

Authorisation

Subject to approval within the terms of Cardlink’s conditions, we request you to issue cards in respect of the details given above.

/ / etaD erutangiS

Title (Business Only)

FOR OFFICE USE ONLY Delivery Instructions: Card Number:

Card Details

Gull Fleet Card Application

If you have any queries or problems completing this Application please contact Cardlink on 0800 727 863 or email sales@cardlink.co.nz

Please post completed Application, Direct Debit form and any other accompanying information to:

FREEPOST 139740, Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland

Fax to: 09 574 7797 or email to sales@cardlink.co.nz

560325 20962 829603

EXAMPLE1

EXP 05/25

Direct Debit Authority

1. The Initiator:

(a) Undertakes to give notice to the Acceptor of the commencement date, frequency and amount at

least 10 calendar days before the first Direct Debit is drawn (but no more than 2 calendar months).

This notice will be provided either:

(i) in writing; or

(ii) by electronic mail where the Customer has provided prior written consent to the Initiator.

Where the Direct Debit system is used for the collection of payments which are regular as to

frequency, but variable as to amounts. The initiator under

takes to provide the Acceptor with a

schedule detailing each payment amount and each payment date. In the event of any subsequent

change to the frequency or amount of the Direct Debits, the initiator has agreed to give advance

notice of at least 30 days before changes come into effect. This notice must be provided either:

(i) in writing; or

(ii) by electronic mail where the Customer has provided prior written consent to the Initiator

(b) May, upon the relationship which gave rise to this Authority being terminated, give

notice to the

Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice

the Bank may terminate this Authority as to future payments by notice in writing to me/us.

2. The Customer may:-

(a) At any time, terminate this Authority as to future payments by giving written notice of termination

to the Bank and to the Initiator.

(b) Stop payment of any Direct Debit to be initiated under this Authority by the Initiator by giving

written notice to the Bank prior

to the Direct Debit being paid by the Bank.

to be direct debited has been made without notice being given in terms of 1(a) above, request the

Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the

reversal or alteration of the Direct Debit back to the Initiator through the Initiator's Bank, PROVIDED

such request is made not more than 120

days from the date when the Direct Debit was debited to my/

our account.

3. The Customer acknowledges that:-

(a) This authority will remain in full force and effect in respect of all Direct Debits passed to my/our

account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority

until actual notice of such event is received by the Bank.

(b) In any event this authority is subject to any arrangement now or hereafter existing between me

/us

and the Bank in relation to my/our account.

the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this

authority. Any other disputes lies between me/us and the Initiator.

(d) Where the Bank has used reasonable care and skill in acting in accordance with this authority, the

Bank accepts no responsibility or liability in respect of:

-the

accuracy of information about Direct Debits on Bank statements

- any variations between notices given by the Initiator and the amounts of Direct Debits

(e)The Bank is not responsible for, or under any liability in respect of the Initiator's failure to give

written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any

reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.

(f) Notice given by the Initiator in terms of clause 1(a) to the debt

or responsible for the payment shall

be effective. Any communication necessary because the debtor responsible for payment is a person

other than me/us is a matter between me/us and the debtor concerned.

4. The Bank may:-

(a) In its absolute discretion conclusively determine the order of priority payment by it of any monies

pursuant to this or any other authority, cheque or draft properly executed by me/us and given to or

I / We authorise you until further notice in writing to debit my/our account with all amounts which Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland the

registered initiator of the above Authorisation Code, may initiate by Direct Debit.

I / We acknowledge and accept that the bank accepts this authority only upon the conditions listed on this form.

Conditions Of This Authority To Accept Direct Debits:

Information to appear on My/Our Bank Statement (To be completed by the initiator)

ORIGINAL- RETAIN AT BANK

DUPLICATE - FORWARD TO INITIATOR IF REQUESTED

APPROVED

0117

DATE RECEIVED: RECORDED BY:

CHECKED BY:

BANK STAMP

PAYER PARTICULARS

C A D L R N K I

FOR BANK USE ONLY

PAYER CODE PAYER REFERENCE

Authorised Signatures (s) X

TOWN/CITY

ADDRESS:

BANK/BRANCH

DATE:

Authorisation Code

1 7 6 1 3 0 0

To: The Manager (Please print Full Postal Address Clearly for Window Envelope)

HCNARB KNAB ACCOUNT NUMBER SUFFIX

PLEASE ATTACH AN ENCODED (DEPOSIT) SLIP TO ENSURE YOUR NUMBER IS LOADED CORRECTLY

Customer (Acceptor) To Complete Bank / Branch Number, Account Number & Suffix of Account To

Name on Bank Account

Authority to accept

Direct Debits

(not to operate as an assignment or an agreement)

CARDLINK ACCOUNT NUMBER:

If you have any queries or problems completing this Application please contact Cardlink on 0800 727 863 or email sales@cardlink.co.nz

Please post completed Application, Direct Debit form and any other accompanying information to:

FREEPOST 139740, Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland

Fax to: 09 574 7797 or email to sales@cardlink.co.nz

Gull Fleet Card Application

560325 20962 829603

EXAMPLE1

EXP 05/25

Residential Address: Not P O Box

PERSONAL GUARANTEE

DRIVEN BY

Full name of guarantor

Delete One

In consideration of Cardlink Systems Limited agreeing to supply the Account Holder with goods and services:

I ___________________________________________________________________________________________________

guarantee the due performance and observance of the obligations contained in this agreement or any variation of the terms and

conditions of this agreement, including the payment of all money which may be owing to Cardlink by the Account Holder.

I acknowledge and agree that:

1) This is a continuing guarantee;

2) My obligation to Cardlink is both a surety and a principal debtor;

3) My liability under the guarantee shall not be affected or discharged by the granting of time or credit to the Account

Holder, or by the release,

abandonment or waiver of any rights against the Account Holder, or the winding up or

bankruptcy of the Account Holder, or any of their indulgence to the Account holder;

4) The guarantee shall continue in force even if the Principal’s account is in credit; and

5) If there are two or more guarantors my liability shall be joint and several.

I agree to pay all outstanding sums due to Cardlink by the Account Holder within 7 days of any notice of default by Cardlink,

including default rate specied in this agreement and Cardlink’s full costs of enforcing the agreement (including, but not limited

to, costs on a solicitor and client basis).

By signing below I/we acknowledge that Cardlink Systems Limited has advised me/us to seek legal advice in respect of my/our

obligations under this guarantee and I/we have / have not done so prior to signing this guarantee.

Guarantor’s full name

Signature Date / /

Date / /

Full name of Witness

Signature

If you have any queries or problems completing this Personal Guarantee form please contact Cardlink on 0800 727 863 or

email sales@cardlink.co.nz

Please post completed Personal Guarantee form, Application, Direct Debit form and any other accompanying information to:

FREEPOST 139740, Cardlink Systems Limited, Private Bag 99918, Newmarket, Auckland 1149; or

Fax to: 09 574 7797 or email to sales@cardsmart.co.nz

Residential Address: Not P O Box

Trading Name:

Full Legal Name:

Company Number:

BUSINESS ACCOUNT HOLDER

Title

560325 20962 829603

EXAMPLE1

EXP 05/25

Gull Fleet Card Application

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