- Terms and Conditions Binding
By applying for or first using the Lowes Petroleum Card, the Customer acknowledges acceptance of these terms and conditions and ensures their observance by the Customer and Authorised Users until all the Customer’s Lowes Petroleum Cards expire, are cancelled or otherwise cease to be valid. The Customer acknowledges that, in the event of such expiry, cancellation or invalidity, it continues to be bound by all obligations and liabilities incurred by it before such expiry, cancellation or invalidity.
Unless the context requires otherwise:
Account means the Customer’s account with Lowes.
Agreement means these terms and conditions and any new or varied terms and conditions notified to the Customer by Lowes from time to time.
Application means the Account Application Form, which is to be filed in by the Customer and returned to Lowes.
Authorised User means persons authorised by the Customer to use the Customer’s Lowes Cards and is deemed to be the Authorised User of the Customer under clause 2.8.
Credit Limit means the amount determined by Lowes from time to time.
Customer means the Customer named in the Application. If more than one person is named, each shall be jointly and severally liable under this Agreement.
Force Majeure means any event beyond the reasonable control of Lowes and includes, without limitation, riot, civil commotion, war, acts of terrorism, accident, shortened hours of labour, strikes, lockouts, compliance with a government request, storm, fire, Product shortage, or any discontinuance whether total or partial, permanent or temporary, of any of Lowes or Lowes’ suppliers’ sources of supply of crude petroleum or Product or the means of delivery of any Product or by any computer program or computer processor failure.
Lowes means Ocwen Energy Pty Ltd ACN 605 178 578, trading as Lowes Petroleum Service, its successors and assigns.
Lowes Card means a fuel card solution provided by Lowes and any other cards nominated by Lowes.
BP Motor Fuels means motor fuels including BP Ultimate Diesel,BP Ultimate 98 Unleaded,BP Premium Unleaded 95,BP Unleaded with up to 10% renewable ethanol,BP Regular Unleaded 91,BP Opal 91,BP Diesel blend with 5% biodiesel, l, automotive LPG and diesel purchased by the Customer under Lowes trademarks and third party purchased automotive LPG and other fuel products nominated by Lowes from time to time.
Nominated Premises means premises nominated by Lowes from time to time as accepting Lowes Card and which may vary for any reason without notice to the Customer.
Nominated Vehicle means a vehicle nominated by the Customer under clause 2.7.
Other Products and Services means products and services other than BP Motor Fuels, which consist of lubricants carwash, shop and diner nominated by Lowes as available on the Customer’s Lowes Card at Nominated Premises.
PIN means personal identification number.
Product means BP Motor Fuels and Other Products and Services.
Singular words include the plural and vice versa, A reference to a person includes a company, partnership, joint venture, government body, association or organisation whether registered or not.
Including means ‘including without limitation‘.
- Lowes Card
If Lowes accepts the Customer’s Application, Lowes will make reasonable quantities of Lowes Cards available for the Customer and Authorised Users to obtain Product at Nominated Premises, Reasonable quantities of additional and replacement Lowes Cards may be available. Each Lowes Card will be marked with the Customer’s name and identifying number. The Customer must specify either a Nominated Vehicle (see clause 2.7 below) or an Authorised User (see clause 2.8 below) on the Lowes Card. The Lowes Cards must also have a PIN, which must be entered at the time of purchase and/or a signature panel which must be signed immediately by each Authorised User
- Customer’s Purchases
The Customer is deemed to purchase:
- Lowes Motor Fuels from Lowes; and
- all Other Products and Services from the operator of the Nominated Premises, Lowes shall in no way be held liable in respect of any other products purchased by the Customer which do not fall under this clause.
- Credit Limit
The Customer must ensure that its Credit Limit is not exceeded. Any excess is immediately payable to Lowes as a debt due and owing on demand. Lowes reserves the right to suspend all of the Customer’s Lowes Cards, without notice, until such time as any excess is paid and the account is within its Credit Limit.
- Nominated Vehicles
If the Customer specifies a Nominated Vehicle, the registration number and description will be embossed on the Lowes Card. The Customer and Authorised Users must only use that Lowes Card in respect of the Nominated Vehicle. If requested at the Nominated Premises, the Authorised User presenting a vehicle specific Lowes Card must enter the appropriate PIN, state the registration number, provide a description of the Nominated Vehicle and sign the Lowes Card docket or sales voucher. Supply of Lowes Motor Fuel on Lowes Card must be into the running tank of the Nominated Vehicle. Lowes is not responsible for, nor liable for verifying, the Nominated Vehicle’s registration number and description embossed on the Lowes Card with the vehicle at the time of purchase.
- Authorised Users
If the Customer specifies in writing an Authorised User, the Authorised User’s name will be embossed on the Lowes Card and such Lowes Cards must only be used by that Authorised User. The Customer agrees to pay for Product and credit supplied to that Authorised User. An appropriate PIN will be issued with every Lowes Card and must be entered by the Authorised User at the time of purchase. The Customer may require the Authorised User to sign the signature panel on the reverse of the Lowes Card, which must immediately be signed by the Authorised User upon receipt of the card. At the Nominated Premises, the person presenting the Lowes Card must enter the appropriate PIN and if the Customer requires that Authorised User to sign the Lowes Card, the Authorised User will also be required to sign the Lowes Card docket or sales voucher. The signature on the docket or sales voucher must match the signature on the Lowes Card.
- Customer Responsibility
The Customer is responsible for all issued Lowes Cards and Customer Purchases and must ensure all Lowes Cards are valid at the time of use, are in good physical working condition and all details embossed on the Lowes Cards are correct at the time of purchase. The Customer must monitor the use of all Lowes Cards and ensure they are stored in a safe place. All PINs are to be kept confidential and only disclosed to Authorised Users. For the avoidance of doubt the Customer is liable for all loss, damage or cost whatsoever, howsoever arising, in failing to comply with this clause.
- Unauthorised Use
Except as expressly provided in this Agreement, the Customer is responsible for, and Lowes is not liable for, any unauthorised use whatsoever of a Lowes Card. If Lowes considers that a Lowes Card has been used other than as permitted or contemplated by this Agreement Lowes may at any time retain and/or suspend that Lowes Card and forthwith cancel all privileges attached to that Lowes Card and/or the account to which it relates.
- Supply of Product
On presentation of a valid Lowes Card, supplies of Product will be made available to the Customer and Authorised Users at Nominated Premises, subject to hours of business and availability of supplies. To the fullest extent permitted by law, Lowes shall not be liable in respect of any loss, damage or cost whatsoever, however arising, under or in connection with this Agreement and, in respect of any liability which cannot be so excluded, such liability shall be fully discharged by Lowes either (in its sole discretion):
- supplying the Product;
- resupplying that Product; or
- supplying equivalent product or services.
This clause can only be varied by a written agreement signed by Lowes and the Customer. Without limiting the generality of this clause, if Lowes is prevented from or delayed in delivering any Product or service, or is otherwise prevented or delayed in performing its obligations under this Agreement by an event of Force Majeure, then Lowes’ obligations are suspended for the duration of the event of Force Majeure.
Lowes will promptly notify the Customer if an event of Force Majeure arises. In no circumstances shall Lowes be liable for any non-performance of or delay in performing its obligations under this Agreement if such delay or non-performance arises out of or is in connection with an event of Force Majeure.
- Invalid Lowes Card
Lowes may refuse to supply any of the Products in situations where a Lowes Card produced at the time of purchase is invalid or damaged or an incorrect PIN or different signature is provided or the vehicle does not match the registration number and description embossed on the Lowes Card.
- Safety, Health and Environment
The Customer agrees to use its best endeavours to minimise all health, safety and environmental risks and incidents whilst on the Nominated Premises. The Customer must ensure compliance by their Authorised Users. If in Lowes’ opinion a Customer and/or Authorised User fails to comply with such requirements and/or endangers or threatens any site operator, property or operation of the site, Lowes has the right to refuse supply and/or entry of the offending party on its Nominated Premises.
- Property and Loss
All Lowes Cards remain the property of Lowes, The Customer must immediately notify Lowes of any Lowes Card lost, stolen, no longer required or subject to possible unauthorised use, by telephone. Lowes will take responsibility for unauthorised use once a Lowes Card has been reported lost, stolen or cancelled. The Customer must immediately destroy or return to Lowes all Lowes Cards no longer used, expired, cancelled or otherwise invalid.
- Lowes Contacts and Enquiries
The following contacts should be used for:
- notification of lost or stolen Lowes Cards or unauthorised use;
- requests for new or replacement Lowes Cards; and
- notification of any change in the Customer’s contact details, bank account details, ownership, directors or legal identity.
Lowes Card Business Centre:
(Monday to Friday 8.00am – 5.00pm AEST)
Phone: 1300 663 277
Fax: 02 6771 4333
Post: Lowes, PO BOX 190 ARMIDALE 2350
Address: Lowes, PO BOX 190 ARMIDALE 2350
To notify lost, stolen or unauthorised use of Lowes Cards after hours phone: 1300 1300 27
Unless otherwise agreed with Lowes and notwithstanding details that may appear on any receipt, Lowes Card docket or sales voucher, Lowes will debit the Customer’s Lowes Card account with:
- the value of Lowes Motor Fuels obtained on the Customer’s Lowes Card, being the retail price charged at the Nominated Premises at the time of the transaction;
- the value of Other Products and Sen/ices obtained on the Customer’s Lowes Card, at the retail price charged at the Nominated Premises at the time of the purchase;
- fees including transaction fee, monthly card fee and any applicable credit card surcharges as specified in the Customer’s current agreement with Lowes; and
- government taxes, charges and duties including, without limitation. Goods and Services Tax at the rate prevailing at the time of the taxable supply.
Lowes will periodically make available a feet control report and/or statement of the Customer’s Lowes Card transactions and any fees or charges for the relevant period. Lowes may make the feet control report and/or statement available to the Customer by any means it deems appropriate including by electronic means. The Customer must pay the stated amount due by the specified due date. Unless agreed, payment must be by irrevocably allowing Lowes to direct debit the Customer’s nominated bank account. The Customer must do all things necessary to allow direct debit and must not revoke the authority. Should Lowes be unable to activate direct debit, payment must be made immediately and Lowes may cancel or suspend the Customer’s Lowes Cards. Amounts received by Lowes will be applied in the following order; interest, enforcement and legal expenses, government charges or duties, amounts due for Lowes card transactions. The Customer shall immediately notify Lowes in writing of any change to bank account details. If the Customer fails to make payment in accordance with this clause. Lowes may cancel or suspend all of the Customer’s Lowes Cards, without notice, or exercise its termination rights pursuant to clause 2.21. Payment by any person other than the Customer does not imply Lowes’s consent to the assignment of this Agreement by the Customer to such person.
If the Customer disputes any amount appearing on a feet control report or statement, the Customer must notify Lowes in writing no later than 30 days after the date the report or statement is made available to the Customer and must provide details of the disputed amount and the reasons for the dispute. The Customer shall be deemed to have accepted any invoice if it has not notified Lowes of a dispute within 30 days after the feet control report or statement was made available to the Customer. Where a Customer has lodged such a dispute with Lowes, Lowes may conduct an investigation into the Customer’s dispute and the Customer must provide to Lowes such evidence as Lowes requests in relation to the dispute, including a statutory declaration if so required by Lowes. Within a reasonable time thereafter, Lowes will notify the Customer in writing of its findings and outcome. If Lowes accepts the disputed transaction, Lowes will credit the Customer’s account via a credit note on the Customer’s next invoice. Where disputes cannot be resolved prior to the account payment being due the Customer must pay the full amount by the due date. Lowes’s decision is final and binding.
- Payment Default
If payment of any amount owing by the Customer to Lowes is not made by the due date, the Customer must pay on demand interest on the amount due at a rate equal to the rate prescribed as at the due date under the Penalty Interest Rates Act 1983 (Victoria) calculated daily by Lowes on the principal amount due, payable from the due date.
- Late Payment Charge
A monthly late payment charge, as published on our website will apply on all overdue balances, effective from the 22nd of each month. For example, if your January account has not been paid by 22nd February, you will be subject to the late payment charge.
Details of charges are displayed on Lowes website and are hereby incorporated, from time to time, into this Agreement.
The Customer will also be liable to pay to Lowes a dishonour fee that may vary from time to time with respect to any dishonoured cheques or unavailability of the Customer’s direct debit account. The Customer shall also indemnify Lowes for any and all expenses incurred by Lowes in relation to any enforcement of this Agreement, or the exercise, preservation or consideration of any rights, powers or remedies under this Agreement and including in each case, legal costs and expenses on a full indemnity basis and the costs of any agents or contractors acting on Lowes’s behalf in respect of any recovery or attempted recovery of any amount due by the Customer to Lowes.
- Default and Termination
Lowes may immediately terminate this Agreement by notice to the Customer if the Customer breaches or is unable to comply with its obligations under this Agreement; the Customer is placed under external administration under the Corporations Act 2001 (Cth), becomes bankrupt, or in Lowes’ opinion, is unable to pay its debts; an event of Force Majeure continues for 30 days; or in Lowes’ opinion, ownership or control of the Customer changes substantially. If this agreement is terminated, the Customer must pay all outstanding amounts to Lowes within seven (7) days after receipt of Lowes’ notice. The Customer shall at all times indemnify Lowes and its employees, agents and contractors against all losses, claims, costs, demands and expenses whatsoever and howsoever arising which Lowes may sustain or incur as a result of any default by the Customer under this Agreement.
- Third Party
The Customer acknowledges that Lowes may pay to, or receive from, any third party, fees or benefits relating to the Customer’s use of Lowes Card or purchases of Product or otherwise.
Lowes may cancel any or all of the Customer’s Lowes Cards for any reason at any time without notice. On cancellation of all the Customer’s Lowes Cards, the debit balance of the Customer’s Lowes Card account becomes immediately due and payable to Lowes. Where the Customer is a member of an association, Lowes may cancel the Customer’s Lowes Cards should the Customer’s membership with the association cease.
- Financial Information
At Lowes’ request from time to time, the Customer must provide to Lowes information in the form, and for the period required, by Lowes in relation to the Customer’s financial position including a balance sheet, profit and loss statement and cash flow statement and, where the Customer is a corporation, information in relation to the Customer’s officers from whom Lowes has or seeks guarantees.
- Lowes may add to or vary this Agreement (including pricing and payment provisions) from time to time on 7 days written notice to the Customer.
- A certificate stating the date upon which the Customer was notified of any variation or amendment to this Agreement or stating the amount owing to Lowes by the Customer at the date mentioned in a certificate signed by Lowes or an authorised officer of Lowes shall be, in the absence of manifest error, conclusive evidence against the Customer of the matter so stated in the certificate.
- No waiver by Lowes of the Customer’s or Authorised User’s breach of or failure to comply with this Agreement is to be construed as a general waiver.
- Time is of the essence for the performance of the Customer’s obligations.
- Rights and benefits of the Customer and Authorised Users relating to Lowes Card are personal and may not be assigned or transferred in any way. Any purported assignment or transfer is null and void.
- The Customer must give Lowes written notice of any change in the Customer’s contact details, ownership, directors or legal identity within 7 days of the change.
- This Agreement is governed by and interpreted in accordance with the laws of Victoria. The Customer irrevocably submits to the jurisdiction of the Courts of Victoria and waives any objection to such venue and any claim that an action has been brought in an inconvenient forum.
- Notification of any matter is deemed not to have been effective until confirmed or acted upon by Lowes.
- The Terms and Conditions of any account application form which you has previously signed with Lowes will not be affected by your signature of a new, updated Application and Lowes may at its sole discretion add to or vary the Terms and Conditions thereof, including pricing and payment provisions, from time to time on seven (7) days’ written notice to the Customer.
- Lowes may vary the terms and conditions of its Application at any time and notify the Customer with any new version or amendments of the varied terms and conditions on Lowes website for customer information.
If GST is imposed on any supply made under or in accordance with this Agreement, the Customer must pay to Lowes an amount equal to the GST payable on or for the taxable supply, subject to the Customer receiving (if required by law) a valid tax invoice in respect of the supply.
Payment of this amount must be made at the same time as payment for the taxable supply is required to be made in accordance with this Agreement.
Lowes can rely and act on any facsimile, email or other online communication it receives from the Customer. If the communication was sent without the authority or consent of the Customer:
- the Customer is bound by the contents of the communication so far as it affects Lowes; and
- Lowes will not be liable for any loss, damages, cost or expense incurred by the Customer.
- Privacy Notice