* Please retain for your records
1. ACCEPTANCE OF CONDITIONS
Unless the Card Holder has otherwise agreed in writing to these Terms and Conditions, the Card Holder indicates acceptance of these Terms and Conditions upon first use of a Card issued by us to the Card Holder. All sales of Aviation Products are made subject to the current Z Energy Aviation General Terms and Conditions where applicable (a copy of which can be provided on request).
2. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the context otherwise requires: The words “we”, “our” and “us” means Z Energy Limited and the words “you” and “yours” mean the Card Holder.
“Account” means your account for the Card.
"Aircraft Registration” is the legally recorded aircraft registration issued by the Civil Aviation Authority.
"Airfield" means any location where Aviation Products are available.
"Aviation Product(s)" means Jet A1, Avgas, AeroShell oils, fluids, greases and compounds.
"Aviation Release Note" means the pre-printed Z Energy Aviation product delivery receipt voucher.
"Card" means a Z Energy Aviation Card issued to the Card Holder for domestic use, subject to these Terms and Conditions and/or such other card as we may at any time use to replace the aforementioned card.
"Card Holder" means the person, company or other entity at whose request we agree to issue a Card and make a Z Energy Aviation account facility available.
"GST" means Goods and Services Tax.
"Posted Airfield Price" and “PAP” mean the price of an Aviation Product at a particular Airfield, which is the price of the Aviation Product plus the delivery differential to transport the Aviation Product to that location.
"Terms and Conditions" means these Z Energy Aviation Account/Z Energy Aviation Card terms and conditions of use and any amendment notified to the Card Holder pursuant to these Terms and Conditions.
"Vehicle" means a fueller or mobile trailer that meets aviation standards and regulations.
(a) We may, at our sole discretion, issue a Card to the Card Holder for each aircraft nominated from time to time by the Card Holder.
(b) Each Card shall be embossed with the name of the Card Holder and a unique number identifying the Card Holder for the purposes of these Terms and Conditions and the use by the Card Holder of the Account.
(c) Each Card shall be embossed with the registration number of the nominated aircraft or vehicle registration number for which the Card has been issued and shall be valid only for and used only in connection with that aircraft or vehicle. The Card Holder may nominate any aircraft or vehicle for which a Card is to be issued whether or not the aircraft or vehicle is owned by the Card Holder or registered in the Card Holder's name.
(d) Aviation Products uplifted against the Card must be used by the Card Holder and shall not be sold or disposed of by the Card Holder to any third party.
(e) Any alterations to a Card shall render it invalid.
(f) The Card Holder is liable for all purchases of Aviation Products made on a Card issued to the Card Holder.
Each Card issued to the Card Holder remains our property at all times and shall be returned to us by the Card Holder within 15 days of the termination of the Card (which, for example, will occur on the disposal of the relevant aircraft) or the termination of the Account.
5. SUSPENSION AND TERMINATION
(a) We may suspend or terminate the Account or any Card issued to the Card Holder at any time with or without notice and with or without ascribing a reason for the suspension or termination.
(b) Where we give notice of termination of the Account, the Card Holder shall return to us every Card issued to the Card Holder within 15 days of the time that notice is deemed to be given. Where we give notice of the termination of a particular Card the Card Holder shall return to us the terminated Card within 15 days of the time that notice is given.
(c) The Card Holder may terminate the Account or terminate any Card issued to the Card Holder at any time by giving notice to us in writing. Where the Card Holder terminates the Account the Card Holder shall return to us every Card issued to the Card Holder within 15 days of the time that notice is given. Where the Card Holder terminates a particular Card the Card Holder shall return to us the terminated Card within 15 days of the time that the notice is given.
(d) The Card Holder's liability for the use of each Card issued to the Card Holder shall continue after the giving of the notice by us until the return of the Card to us.
(e) Upon termination of the Account either by us or the Card Holder, you must pay the balance outstanding on the Account within 7 days. Final settlement of the Account shall be charged at the Posted Airfield Price (PAP) ruling for the Products at each Airfield at the time a delivery is made. Final settlement of the Account shall be payable within 21 days of the date of invoice/statement unless otherwise agreed.
6. SECURITY AND LOSS OF CARD
(a) The Card Holder is responsible for the safe custody and authorised use of each Card The Card Holder shall notify us by notice in writing to the facsimile number set out in clause 21 immediately if the Card Holder becomes aware that:
(i) the Card is lost or stolen; or
(iii) the Card has been used in an unauthorised fashion.
(b) Until we are notified by the Card Holder in writing either by hand or facsimile to the address or number set out in clause 21 of the loss of the Card, the Card Holder's liability for the use of the Card(s) issued to the Card Holder shall continue.
(a) The Card Holder may purchase on a Card its Aviation Product requirements at any Airfield at which the Card is valid, provided such grade as requested is available for use in the aircraft whose registration number is shown on the Card.
(b) The Aviation Products shall, unless otherwise stated, be delivered into the Card Holder's facilities, aircraft, vehicles and/or containers and the risk and property therein shall pass to the Card Holder as the Aviation Products in question leave our supply facilities and are introduced into the Card Holder's facilities, aircraft, vehicles and/or containers (as applicable).
8. AUTHORITY TO Z ENERGY AVIATION
(a) Unless we have received the Card Holder's notice in writing of loss, theft or possible unauthorised use of a Card, or of the suspension or termination of a Card, and, in the case of a termination of a Card, the Card Holder has returned the Card to us, the Card Holder authorises us to debit the Account with every purchase of Aviation Products made using the Card or by a person presenting the Card to our representatives and showing the registration number of the aircraft or vehicle in possession of the person to whom the Aviation Products are supplied.
(b) Our representatives will take all reasonable care to compare the registration number of the aircraft or vehicle in the possession of the person to whom the Products are supplied to that of the Card presented for processing provided that, subject to clause 6, we and our representatives accept no liability for the unauthorised use of a Card.
9. EFFECTING A PURCHASE OF PRODUCTS
(a) The person presenting a Card to our representatives in connection with the purchase of Aviation Products may be given a copy of the Aviation Release Note detailing the Account number, the date of the transaction, the aircraft registration number, the type and quantity of Aviation Products purchased, and the name of the Airfield. The Card Holder or person presenting a Card to our representative may be required to sign an Aviation Release Note. The Aviation Release Note, where applicable, shall be the only receipt issued to the Card Holder or person in possession of the Card purchasing Aviation Products.
(b) Our representatives will take all reasonable care to ensure that the Card is only used to purchase Aviation Products. However, the Card Holder remains liable for purchases of all Z Energy products made using their Account.
10. CARD PRODUCTION
The Card Holder shall ensure that the Card is presented at the time of purchase of Aviation Products where purchase is through our representatives. Unless otherwise agreed to by us, in the event of a failure to produce the Card neither we nor our representatives shall be under any obligation to deliver Aviation Products to the person requesting the same. In addition the Card should only be used to purchase Aviation Products.
11. SERVICES NOT AVAILABLE ON CARD
Our representatives are not authorised to render services normally performed by other organisations, e.g. cleaning and handling of aircraft, handling of freight etc. Our representatives cannot undertake to make any cash outlay on behalf of Card Holders, e.g. for landing or hangar fees, local taxi fares or dispatch of cables. All cash advances are thus prohibited.
12. CARD HOLDER RECORD
It is the responsibility of the Card Holder, or the person presenting the Card to our representatives, to check that the details of the transaction have been accurately recorded on the Aviation Release Note, and the Card Holder shall retain the Aviation Release Note for the purposes of the Card Holder's own record keeping and accounting practices.
13. CARD PRICE
The price for the purchase of Aviation Products purchased using a Card shall be the Posted Airfield Price or applicable product price current on the date of the purchase, less any discount agreed from time to time by us and the Card Holder, plus GST. We reserve the right to charge a transaction fee for the purchase of Products. We may notify you of a different pricing methodology that will apply to certain Aviation Products by giving you at least 14 days’ written notice.
14. CARD STATEMENT AND PAYMENT
(a) We shall issue statements/invoices for Card purchases in the manner agreed from time to time between us and the Card Holder. Each statement/invoice shall detail the purchases made on a Card calculated at the price as set out in Clause 13, plus GST and any applicable transaction fees. Unless other payment terms are agreed between us and the Card Holder, the Card Holder shall pay the amount shown on the statement/invoice not later than the 20th day of the month after the month recorded on the invoice (the "Due Date") by means of an automatic direct bank debit by us of the Card Holder's bank account, (the Due Date may be varied in exceptional circumstances by agreement between us and the Card Holder).
(b) For this purpose, the Card Holder shall sign and deliver to us a completed direct debit authority form provided by us. The Card Holder shall not revoke such authority without first advising us of its intention to do so. If the direct debit we initiate on your bank account is dishonoured you must pay our current dishonour fee in addition to the balance outstanding on the Account, and any subsequent dishonour fees. The Card Holder must notify us immediately of any change to any bank account upon which a direct debit authority is held by us, and arrange for a new direct debit authority with us forthwith if so required.
(c) In addition to our other rights under this clause, if you do not pay a statement/invoice on the due date, you agree that we may:
(i) immediately take steps to prevent further use of cards issued to you, and/or
(ii) undertake activities in order to recover the amount of debt in which case you will be liable to us for any internal or external expenses, costs or disbursements (including legal fees and collection commissions) we incur in recovering amounts you owe us.
15. ACCOUNT ENQUIRIES
(a) If the Card Holder wishes to question or dispute the details of any transaction recorded on a statement/invoice the Card Holder must contact us within 10 days of receiving the statement/invoice and shall produce to us, on request, a copy of the Aviation Release Note, where applicable, in respect of each questioned or disputed transaction. We shall not be required to consider any question or dispute on the Account notified more than 10 days after the receipt by the Card Holder of the relevant statement/invoice.
(b) We reserve the right, where applicable, to refer any dispute or issue relating to the quality or nature of the Aviation Products purchased on a Card to the Z Energy Aviation distributor from whom the Aviation Products were purchased. Unless agreed to by us, the Card Holder agrees to pay all amounts due and payable on the Account without deduction in relation to the dispute or issue.
(c) In the event of a pricing dispute relating to an Aviation Product purchase which has been recorded manually, the dispute shall be resolved by reference to the copy of the Aviation Release Note retained by us setting out the volume of the Aviation Product associated with the purchase.
16. ISSUING CARD FEE
We reserve the right to introduce a standard charge for the issue or re-issue of a Card to the Card Holder and to vary that charge from time to time. The charge may be different for different types of Cards.
17. INABILITY TO SUPPLY AVIATION PRODUCTS
(a) We shall not be responsible for any damage, loss or inconvenience which may be caused by our inability or any of our representatives’ or employees’ inability or refusal to supply the Card Holder's requirements for Aviation Products at any particular time or place.
(b) Card Holders should ascertain before commencing a flight or when planning to purchase Aviation Products that the Card is valid at all Airfields which they plan to visit and that the required volumes and grades of Aviation Products are available. The Card Holder understands that at some Airfields Cards may not be accepted, or that required volumes and grades of Aviation Products may not be available.
18. CHANGE IN CONDITIONS
We reserve the right to vary, delete or supplement these Terms and Conditions by giving you written notice (which shall include publishing the changes the changes on our website z.co.nz).
19. CHANGE IN ADDRESS
The Card Holder must notify us of any change in its name, registered office or principal place of business, and any change of directors (in the case of a Card Holder who is a company) immediately upon a change being effected.
20. NOTICE TO CARD HOLDER
(a) When we give notice to the Card Holder under these Terms and Conditions, we will give notice by post, email or facsimile to the most recent address/facsimile number notified to us. Where we give notice by post, the Card Holder will be deemed to have been notified on the date of postage. Where we give notice by email, you will be deemed to have been notified on the date the email is sent. Where we give notice by facsimile, the Card Holder will be deemed to have been notified on the date of transmission of the facsimile provided at the time specified in the facsimile transmission report which evidences full transmission.
(b) The first use of a Card after a notice is given, or where applicable, after the relevant notice period, indicates the Card Holder has accepted the condition(s) or change in condition(s) as notified.
21. NOTICE TO Z ENERGY AVIATION
Where the Card Holder gives notice to us under these Terms and Conditions, the Card Holder must give notice in writing either by hand or facsimile to the address or facsimile number set out below. The notice shall not be effective until we receive it.
Z Energy Limited, PO Box 2091, Wellington
Attn: Z Energy Aviation
Fax: 0800 743 553
Phone: 0800 474 355
22. TAXES, DUTIES AND CHARGES
Unless precluded by legislation, we reserve the right to debit the Account with any rates, taxes, GST or charges which now are, or which in the future may be, imposed or charged upon the Card Holder's transactions, whether or not the Card Holder is primarily liable for the impost or charge.
(a) The Card Holder acknowledges that, when we process the Card Holder’s application for Cards and in the course of our subsequent business relationship, we may collect ‘personal information’ about the Card Holder. ‘Personal information’ is defined in the Privacy Act 1993 as 'information about an identifiable individual’, i.e. information about a natural person as opposed to a company or other legal entity.
(b) We collect, store and use such information for the following purposes:
• to administer your Account;
• to develop and market products or services that may meet the needs of your business:
• to enable us to comply with any relevant laws and regulations.
(c) We will not sell, trade or rent any personal information you provide to us to any third party.
(d) We may from time to time offer related products and services to you in conjunction with a third party. However, in developing and marketing such offers, your personal information will not be disclosed to the third party concerned. You may notify us at any time if you do not wish to receive information about related products and services.
(e) You acknowledge and agree that we may disclose personal information to the following parties:
• other business units within the our group of companies;
• other providers of credit and credit reference and reporting agencies and debt collection agencies.
(f) You have the right to request access to any personal information we hold about you and request that it be corrected in accordance with the Privacy Act 1993.
The Card Holder indemnifies us, our agents, employees and subcontractors against all damages, claims, losses, liabilities, costs and expenses of any kind that are incurred by them as a direct or indirect result of:
(a) the misfuelling of an aircraft with Aviation Products; or
(b) the incorrect use of Aviation Products,
except to the extent that those damages, claims, losses, liabilities costs and expenses were caused by the gross negligence or willful default of us, our agents, employees and subcontractors.
25. GOVERNING LAW
These Terms and Conditions and any arrangement entered into under them shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.