The purpose of this Agreement is to define the conditions under which Customers may use Cards to obtain Goods at participating Supply Points.
In this Agreement, the following words shall have the following meanings:
- “Affiliate” means (1) for WEX : WEX Inc. or any company in which WEX Inc. owns or controls, directly or indirectly, 50% or more of the voting stock
- for Customer: any company in which Customer’s ultimate holding company owns or controls, directly or indirectly, 50% or more of the voting stock;
- “Agreement” means these General Terms & Conditions, Card Forms and Card Procedures. In the event of a conflict between any provision of these General Terms and Conditions, the Card Forms or the Card Procedures, the Card Forms shall take precedence over the General Terms and Conditions and the General Terms and Conditions shall take precedence over the Card Procedures;
- “Business Day” means any day on which clearing banks are open for business in London excluding Saturdays;
- “Card Forms” means the application form, card order form, e-business sign up form and/or any other form completed by Customer upon request by WEX and accepted by WEX;
- “Cardholders” means persons to whom Customer has provided a Card and who are authorised by Customer to use such Card and “Cardholder” means any one of them;
- “Card Procedures” means any procedures or guidelines regarding the use of the Cards as WEX may Notify from time to time;
- “Card Program” means the Card scheme owned and/or operated by WEX based on which WEX issues Cards for use by Customers;
- “Cards” means all payment cards issued to Customer by WEX and/or by any third party designated by WEX and “Card” means any one of them. This excludes loyalty cards that may be issued by WEX from time to time;
- “Charges” means charges (including Surcharges) levied by WEX in accordance with this Agreement,;
- “Credit Limit” means the maximum amount of unpaid Transactions, whether invoiced or not, that can be outstanding on a Customer’s account at any time. The Credit Limit is determined, and may be revised at any time, by WEX in its sole discretion. WEX will communicate the Credit Limit to Customer from time to time and upon request;
- “Customer” means the person whose details appear in the Card Form and whose application for Cards has been accepted by WEX;
- “Data Protection Laws” means applicable legislation protecting the Personal Data of natural persons, including in particular the Data Protection Act 2018 and any replacement to it and the General Data Protection Regulation (“GDPR“), together with binding guidance and codes of practice issued from time to time by relevant supervisory authorities;
- “Exchange Rate” means the mid-point closing exchange rate of the Euro Foreign Exchange reference rates published by the European Central Bank on the day of the Card transaction plus 1.5%. On any day when such rates are not published, the rate shall be deemed to be that of the immediately preceding Business Day on which it was published or such other exchange rate as WEX may Notify to Customer from time to time;
- “Fuel Products” means all grades of diesel and petrol products supplied by WEX to Customer from time to time;
- “Goods” means Fuel Products, Non-Fuel Products, Purchase Devices and any other products and/or services that may be purchased from time to time in accordance with this Agreement;
- “Interest Rate”means interest of 4% of the Bank of England base rate from time to time;
- “Invoice” has the meaning given to it in clause 5.2 (d);
- “Modified Rates” has the meaning given to it in clause 5.1(a);
- “Notify(ing)” or “Notification” means informing the other Party;
- through the Website: in the case of notification to WEX (1) by submitting the required information electronically using the functionalities provided by the Website for this purpose; or, in the case of notification to Customer, (2) by posting the information on the Website;
- by sending an e-mail to such e-mail address as WEX or Customer respectively may specify from time to time (“By E-mail”);
- by sending a fax to such fax number as WEX or Customer respectively may specify from time to time (“By Fax”);
- by sending a letter to such address as WEX or Customer respectively may specify from time to time;
- by including specific information on the Invoice or on the payment overview accompanying the Invoice (only applicable to a Notification by WEX to Customer); or
- by phone using such telephone number as WEX or Customer respectively may specify from time to time (“By Phone”);
- “Notification In Writing” means a Notification in the form specified in paragraphs (a) to (e) of that definition;
- “Late Payment” has the meaning given to it in clause 5.3 (a);
- “Parties” means WEX and Customer and “Party” means either of them;
- “Payment Term” has the meaning given to it in clause 5.3 (a);
- “PIN” means the personal identification number issued for use with a Card;
- “Rates” means the fuel rates to be charged to Customers for Goods supplied by WEX from time to time;
- “Retailers” means WEX and/or companies who have entered into an agreement with WEX to accept Cards as payment for Goods, as the case may be, and “Retailer” means any one of them;
- “Supply Point” means the location where Retailer delivers the Goods to Customer or Cardholder;
- “Surcharges” means surcharges imposed by WEX on the purchase of Goods details of which are available on the Website;
- “Transaction” means each use of the Card to obtain Goods at a Supply Point;
- “Website” means essocard.com/en-gb/motorsportukcustomer/
- “WEX” means WEX Europe Services (UK) Limited (Company number: 08903805) whose registered office address is Emperor Court, Emperor Way, Crewe Business Park, Crewe, CW1 6BD and its successors, assigns and appointed agents or any other Affiliate and their successors, agents or assigns, as the case may be;
- “WEX Card Centre” means the contact point for administrative matters relating to the Card as WEX may communicate from time to time; and
- the terms “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” and “Process/Processing” have the same meaning as described in the Data Protection Laws.
3. Card Program
3.1 WEX may in its sole discretion provide, or cause a third party to provide, one or more Cards to Customer. Customer can use a Card for purchasing certain Goods that are available at Supply Points but Customer is not obliged to purchase a minimum amount of Goods using the Card.
3.2 WEX offers, through Retailers, a range of Goods that can be purchased with a Card. Customer determines the categories of Goods that can be purchased with the Cards based on the available offering under the Card Program. WEX may at any time and without Notification extend or reduce the range of Goods it offers under the Card Program. The issuing of Cards to Customer does not confer any right to Customer to receive supplies of Goods.
3.3 Use of a Card constitutes a purchase of Goods from WEX or from Retailer, as the case may be. Title to the Goods and risk of loss will pass upon delivery of the Goods at the Supply Point.
3.4 Cards may only be used at participating Supply Points however Retailers have the right to retain cards and/or to refuse to supply Goods, accept Cards or process Transactions for any reason including, but not limited to, shortage of product, technical failure of equipment or failure by Customer to comply with this Agreement. Customer shall comply with all operating requirements and conditions imposed by a Retailer at the Supply Point. If the Goods have already been supplied and the Card is not accepted by the Retailer for whatever reason, Customer is required to pay for the Goods at Retailer’s customer price applicable at the Supply Point with other means of payment.
3.5 The Card may only be used for purchases that correspond with a normal consumption or use and Cards can only be used by Customer in compliance with all applicable legislation.
3.6 WEX may modify or end its Card Program and/or replace it with a different program. In addition, WEX may increase or reduce the number, and vary the type, of Retailers and/or Supply Points where Cards can be used without Notification.
3.7 Customer agrees and acknowledges that title to the Purchase Device shall remain with WEX at all times and that the Purchase Device shall be returned to WEX at the end of the agreed period, failing which a non-return Charge shall be levied by WEX.