Please read to the end. These are the same terms printed on the paper application.
Commercial fuel account — terms & conditions
By signing, the Applicant (the “Customer”) agrees with Bedrock Fuels Ltd. (“Bedrock”) to the following terms governing its commercial fuel account and any Bedrock Commercial Fuel Fobs issued under it (“Fobs”):
Credit & Fobs. Bedrock may extend credit up to the approved limit and may increase, reduce, suspend or cancel it at any time. All Fobs are Bedrock property and must be returned on termination.
Liability for Use. The Customer is liable for every transaction made with any Fob, with or without the Customer’s knowledge or authorization, until Bedrock has acknowledged in writing the Customer’s notice of loss, theft or misuse. The Customer must keep PINs confidential and must not mark them on Fobs.
Pricing & Invoicing. Prices are those set by Bedrock from time to time, plus all applicable taxes, levies and carbon charges. Invoices are issued weekly and are deemed correct unless disputed within 5 business days of the invoice date.
Payment by PAD. All invoices are paid by pre-authorized debit under Section D. A returned-item fee of $50 plus any bank charges applies to each NSF or returned PAD.
Overdue Accounts. Overdue balances bear interest at 1.5% per month (effective annual rate 19.56%) from the invoice date until paid. The Customer pays all costs of collection, including legal fees on a solicitor-and-own-client (full indemnity) basis.
Default. On any returned PAD, exceeded credit limit, insolvency, cessation of business or other breach, Bedrock may, without notice, suspend Fobs, terminate the account, and demand immediate payment of all amounts owing.
Security Interest. As continuing security for amounts owing, the Customer grants Bedrock a PPSA security interest in all fuel and products supplied and in the proceeds thereof, and authorizes Bedrock to register financing statements.
Safety. The Customer and every Fob user will comply with all posted safety rules, attend dispensing equipment at all times in operation, control ignition sources, and dispense only into approved containers. The Bedrock Station is unattended; Fob users fuel at their own risk and must report spills or equipment faults to [email protected] immediately.
Indemnity. The Customer will indemnify Bedrock, its personnel and any site owner from all claims, damages, fines, costs and expenses (including legal fees on a full-indemnity basis) arising from any Fob use, breach of these Terms, or any injury, death, property damage or environmental contamination caused or contributed to by the Customer or any Fob user.
Limitation. Bedrock is not liable for indirect, consequential, special or punitive damages, or for lost profits, revenue, business or data. Bedrock’s aggregate liability is capped at the amount paid by the Customer to Bedrock in the 3 months before the event giving rise to the claim.
Privacy. The Customer consents to Bedrock’s collection, use and disclosure of personal information as reasonably required to open and administer the account.
Changes & Notices. Bedrock may amend these Terms by notice on an invoice or by email; continued use of the account is acceptance. Notices to Bedrock: [email protected]. Notices to the Customer: the email or address in Section A.
Governing Law. These Terms are governed by the laws of Manitoba. The parties attorn to the exclusive jurisdiction of the courts of Manitoba sitting in Winnipeg, except that Bedrock may enforce in any jurisdiction where the Customer or a guarantor resides or holds assets.
Pre-authorized debit agreement (Section D)
Type & amount: Business PAD; variable amount equal to the unpaid balance on each weekly invoice. Frequency: weekly (next business day after invoice issuance, typically Tuesday for the prior Mon–Sun cycle). Pre-notification: the Applicant waives the right to receive pre-notification of the amount and date of each debit (Rule H1).
Cancellation & recourse: the Applicant may revoke this authorization on 10 business days’ written notice to Bedrock. Revocation does not relieve the Applicant of amounts owing. The Applicant has certain recourse rights, including the right to receive reimbursement for any debit not authorized or not consistent with this Agreement. A sample cancellation form and information on recourse rights are available at www.payments.ca or from your financial institution. Inquiries: Bedrock Fuels Ltd., Credit Dept., 29 Don Valley Pky, Winnipeg, MB R0E 1J0 · [email protected].