FLEET CARD USE AGREEMENT
This Fleet Card Agreement is entered into between Vendorβ a division and dba of Anabi Oil Corporation. β and Company for the purpose of opening of a Fleet Card account or receiving fuel access cards. This Agreement supersedes any previous Fleet Card agreements between Vendor and Company. Vendor and Company agree to the following terms and conditions: 1. That the fuel access cards issued by Vendor to Company are charge cards NOT credit cards. 2. By using fuel access cards, Company accepts the obligation for full payment for all fuel registered through the Fleet Card account number(s) assigned to Company by Vendor. Company assumes all liability arising from the use, misuse, unauthorized use, loss, or theft of any one or more of the fuel access cards. If Company knows of or suspects the loss, theft, or possible unauthorized use of a card or account or if Company would like to terminate a fuel access card, then Company must immediately notify Vendor by calling 800-788-7582. Company remains responsible for all charges, including unauthorized charges, until Company gives written notice to Vendor to disable cards. Written notification must be emailed to: customerservice@RebelFleet.com. Notice to disable cards must include the card number. Company will pay for all products delivered through the Fleet Card System occurring before V e n d o r receives written notice. The "Fleet Card System" consists of the entire product delivery system inclusiveof the Card Portal, where cards are created and distributed to the customer, the authorization host where cards are authorized, that data capture system that delivers the completed transactions to us for billing, and finally, our internal billing system that produces the invoices for payment.3. Company certifies that all employees and agents using a card issued under Companyβs account will be taught proper safety regulations to ensure safe operation at all fueling locations. Company will indemnify and hold Vendor, its officers, directors and shareholders, and agents harmless from any liability, including but not limited to those for bodily injury and property damage that may be caused in whole or in part by the use of the fuel access cards by the Company or those using the fuel access cards delivered to the Company. 4. Upon acceptance, Vendor will provide Company with driver identification number(s) (DIN) to prevent unauthorized use of Companyβs account and fuel access cards. Company will NOT write the PIN on the fuel access card or leave the PIN in a place where an unauthorized user would have access to it. If Company discloses a PIN or writes a PIN on a fuel access card, then Company is liable for any fraudulent use that may result even if the disclosure is inadvertent or unintentional. Company will safeguard the fuel access cards and PINs from all unauthorized users. This includes protecting the fuel access card from devices that may skim or replicate the fuel access cards in some way. Company will be responsible for all transactions initiated with a skimmed or replicated fuel access card assigned to Company. 5. Company is responsible for all purchases by any person using the fuel access cards issued to Company, including criminal or fraudulent purchases. Company is liable for the use, misuse, unauthorized use, loss, or theft of any of the fuel access cards. 6. Fuel prices are subject to change at any time and without notice. Fuel purchased from the Fleet Card System will include applicable fuel taxes unless Company is exempt from tax pursuant to state and federal laws. Exemption from state taxes will only be granted upon proof of exemption as required by Vendor. Company retains full responsibility for tax payments should a taxable use arise, including cancellation or expiration of exemption permits. 7. Company will review all invoices provided by Vendor and will notify Vendor no later than fifteen (15) calendar days after the date of each invoice of any errors with respect to the invoices. After fifteen (15) calendar days, each such invoice and the transaction therein will be binding on Company. 8. Either party may terminate this Agreement by giving thirty (30) daysβ written notice to the other party. Upon termination, Company will immediately return all fuel access cards issued to Company and immediately pay all outstanding sums owing to Vendor. Vendor may place Companyβs account on hold or on a C.O.D./cash only basis at Vendorβs option and without advance notice. 9. Company will pay finance charges computed by a periodic rate of 1.5% per month (annual rate of 18%), or the maximum amount allowable by law on any balance that Vendor assesses as past due, or the maximum rate otherwise allowed by law.10. If either party incurs attorneysβ fees to enforce this Agreement, the prevailing party may recover any attorneysβ fees incurred from the non-prevailing party. This clause applies regardless of whether a lawsuit is filed and includes any fees and costs incurred in a bankruptcy proceeding. This Agreement will be interpreted under the laws of the State of California. Company consents to the personal jurisdiction of the courts of the State of California and venue in San Bernardino County, California. Further, Company agrees to pay all costs incurred by Vendor relating to the collection of any past due balance. 11. This Agreement is subject to Vendorβs acceptance. Payment terms and payment method is subject to credit approval. Vendor reserves the right to electronically deposit any check payment received. Facsimile or electronic signatures will be deemed to constitute and be an original signature of the party. 12. The undersigned individual represents she/he is authorized to enter into this Agreement on Companyβs behalf.