Appendix to the Contract on Sale Using NIS Debit, Credit, CD and IC Fuel Cards
GENERAL TERMS & CONDITIONS of sale of
petroleum products, goods and services,
using Debit, Credit, CD and IC Fuel Cards
Document
author:
1.
UP-04.02.00-012
Version No. 01
Corporate Clients Sector, Wholesales Department of “Sales and Distribution”
Division
General Provisions
General terms and conditions of sale of petroleum products, goods and services using
debit, credit, CD and IC fuel cards (hereinafter referred to as: General Terms) are integral
part of the Contract concluded between the Seller and the Buyer, which regulates terms of sale
of petroleum products, goods and services, using the cards mentioned hereunder.
Seller, in the sense of provisions of General Terms is the Corporation for exploration,
production, refining and distribution of oil and petroleum products, and for exploration and
production of natural gas “Petroleum Industry of Serbia” Novi Sad, that sells petroleum products,
other goods and services to a Buyer, under terms stipulated under General Terms and the
respective Contract, and is the owner of all NIS cards (hereinafter: Cards), issued by it and
handed over to Buyers for their use.
Upon Seller’s request, each card has to be returned.
Buyer, in the sense of provisions of General Terms is a legal entity.
SA-08.03.02-015, Верзија 02
Card Holder, (hereinafter referred to as: Cardholder) may be any legal and/or physical person,
authorized to be a legal representative, or other Buyer’s empowered individual.
Buyer may revoke usage of cards from the Cardholder and shall be responsible for all the
expenses incurred by Cardholder’s usage of the card. Cardholder may not lend or give the
card/s to other legal and physical person for their use; otherwise the Buyer shall be held liable to
compensate all the expenses to the Seller, as well as possible damage deriving from such act.
Buyer shall be held responsible for accuracy of all data given in the Application for Issuing NIS
Fuel Card (Appendix No. 2 to the Contract), as well as for additionally modified data.
With the aim of protecting business activity and/or in other justifiable purposes, Seller may
amend the General Terms. Amended General Terms shall be published on the Seller’s
corporate website: http://www.nispetrol.rs. If Buyer does not accept modification of General
Terms, Buyer shall inform the Seller about it and submit request for termination of the Contract.
This document is property of NIS j.s.c. Novi Sad and it is intended for itnernal use within NIS j.s.c. Novi Sad. This document may not be
made available to third parties in the written, electronic or any other format whatsoever, or disclosed to the public without a prior approval by
the Organizational Effectiveness Department.
UP-04.02.00-012
Contract is a document made by Seller and Buyer, which regulates terms of sales of petroleum
products, other goods and services, and based on which Seller shall, in compliance with this
General Terms, sell petroleum products, goods and services at its petrol stations, and Buyer
shall take them over and pay the contracted price.
In case of discrepancies between General Terms and conditions stipulated by the Contract,
stipulations of the contract shall have precedence.
Card
Card is a means of recording sales transactions made by a Buyer.
Types of cards are the following: debit, credit, CD and IC cards.
2.
Reference to Other Documents*
N/A.
3.
Cards Issuance
Based on the concluded Contract, Seller shall issue a card to the Buyer within 7 (seven) working
days at the latest, from the date of the Contract.
Validity period of the cards shall be determined in accordance with the concluded Contract.
Card shall be forged and issued based on the Contract and Vehicle Specification, and shall
contain the following data: name of the Buyer, holder of the card – vehicle, type of petroleum
product and other commodities and services, type of the vehicle.
On the card handover, authorized persons of the Seller and the Buyer shall create and sign the
Minutes on Cards Handover-Takeover (Appendix No. 3. to the Contract, hereinafter: the
Minutes) whereby they shall confirm that cards with accurately entered data have been handed,
i.e. taken over.
Seller shall invoice the amount of the card issuance cost per one card, in compliance with
applicable Seller’s Decision which regulates manners and fees of card issuance.
Upon Byer’s request, Seller may modify data on the card, even without their handover. In case
that required modifications are such that there is no technical possibility of data correction on the
existing card, a new card shall be issued, and costs of its issuance shall be settled in
accordance with the Sellers business policy. Upon return of the card for which modifications
were requested, Buyer shall be delivered a new card with modified data, which shall be recorded
in the Minutes signed by authorized persons of the Seller and the Buyer.
*
Note – In use of the present document, please check validity of the documents listed in the section “Reference to other
documents”. If the document that the Standard refers to, has been replaced (changed), then in use of the present document, one
should be led by the replaced (changed) document. If the document this Standard refers to has been cancelled without replacement,
then provisions which refer to such document shall be applied in the part which has no reference with the stated document.
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4.
Cards Use
Buyer/Cardholder may use their card on Seller’s petrol stations. Seller may provide the
Buyer/Cardholder with a possibility to use credit cards at petrol stations of Seller’s daughter
companies, whereby terms and conditions of card use on such stations shall be defined in an
agreement additionally concluded. Byer/Cardholder is presented a bill (hereinafter referred to as
“slip”) for the bought petroleum products, commodities and services, which should be checked
and signed. Buyer/Cardholder shall check each slip for purchased petroleum products,
commodities and services in the sense of transaction amount, and upon checking, sign the slip.
Possible inaccuracies on the slip shall be complained about by the Buyer directly at the petrol
station during purchase of petroleum products.
Slip for sales of petroleum products should contain mandatory data on Buyer’s name, card
number, and type, quantity in liters, unit price, total price, date and time of the transaction.
If Buyer/Cardholder wants to have on the slip the written note regarding mileage, the latter shall
enter such information in the POS terminal, according to instructions given by shop attendants
on the petrol station.
Slip issued for sale of petroleum products should contain mandatory data on Buyer’s name,
card number, type, quantity in liters, unit price, total price, date and time of the transaction.
Together with the card, Buyer shall also receive the personal identification number (hereinafter:
PIN) in a closed envelope. Entering the PIN is an obligatory element for the card use and
protection. Cardholders are identified by their PIN, whereby they accept that the identification is
a unique and indisputable confirmation of the payment transaction. Buyer/Cardholder is obliged
to keep the assigned PIN confidential and to enter it in the POS terminal upon request of shop
attendants on a petrol station, on each transaction performed. In case that a Buyer/Cardholder
enters the wrong PIN for three successive times, the card shall be blocked and not acceptable
by petrol stations until it is unblocked. Cardholder may request on a petrol station to reset the
PIN, upon which shop attendants shall have insight into personal documents of the Cardholder
in order to identify the person requesting the PIN reset, and forward such request to the Call
Center. Buyer shall submit the consent for PIN reset to the manager in charge. Call Center shall
enable PIN resetting only upon received consent from the manager in charge.
Prior to use of the card, Buyer/Cardholder shall check balance of available funds on the card
and type of petroleum products, i.e. goods and services that may be bought. Card balance may
be checked via SMS, web access (Personal Cabinet) and on petrol stations. Balance on a card
and a group of cards may be checked via SMS only though mobile phone numbers designated
by the Buyer. The balance may also be checked on a petrol station, by inserting the card in the
POS terminal, according to instruction of shop attendants on the petrol station. If
Buyers/Cardholders wish to get from the Card Issuer the information about average fuel
consumption per vehicle, they shall insert themselves the mileage data in the POS terminal, as
per instructions received from shop attendants.
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If, after fueling petroleum products, it is found that a Buyer/Cardholder does not have sufficient
funds on the card, the latter shall pay this amount in cash (money, check, bank card). In this
case, the payment transaction shall not be recorded in the system as a card payment, but rather
as a cash payment, which will not be visible by the Buyer in the Report on Performed Fuel
Purchase via Card, that is issued with the bill.
According to their type, cards may be: Card for legal entities – Buyers, Card bearing Cardholder
name, and a card bearing registration number of a vehicle.
Card that is issued to a legal entity – is used only for deliveries to vehicles belonging to such
legal entity.
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Card issued on the name of the Cardholder – is used only for deliveries to a vehicle if the
name of the cardholder corresponds to the name printed on the card.
Card issued for a specific registration number – is used only for fuel delivery to the vehicle
registration of which is printed on the card.
Petrol station shop attendants are entitled to ask for identification documents for the purpose of
authentication (valid ID documents are acceptable such as: ID card, passport, driver’s license
and registration license), in case of possibility of a card misuse. Shop attendant may ask from
the Buyer/Cardholder to hand over the card to the Seller and immediately inform the Call Center
about it if:
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The number of the card does not correspond to number of registration plates of the vehicle
fueled;
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Identity of the person using the card does not correspond to the name on the card;
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The card has been blocked or invalid.
Buyer shall fuel petroleum products exclusively into tank of a motor vehicle, except in cases
when the Buyer has a need to fill the fuel in the buckets, barrels and the like, with the obligation
to present written Seller’s approval upon arrival on the petrol station, as well as in case when
cards have been issued in the name of machines or devices using petroleum products, which
cannot be physically transferred to the point of sale (aggregate, cutter, etc.). If pouring into
buckets, barrels etc., has been done without previously presented written approval, shop
attendants of the petrol station shall inform the Call Center, upon which the information on such
transaction shall be forwarded to the Buyer.
All cards issued based on a Contract that is no longer effective, shall be blocked in the moment
of the Contract expiry/termination. If a Buyer fails to comply with provisions of the Contract or of
the General Terms, Seller shall maintain the right to block and repossess all issued cards.
Buyer shall return the cards that are blocked due to reasons under previous paragraph to the
Seller immediately, not later than on the first subsequent working day after expiry of the Contract
period. The card, validity of which has expired, and also a card for which the Seller requested to
be returned, must not be used, or else, Buyer shall be obliged to compensate the Seller for all
the costs and possible damage incurred due to usage or misuse of such card. Seller shall
invoice issued but not returned cards to the Buyer at the price of EUR 5, VAT excluded,
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expressed in Dinars and converted using medium exchange rate of Euro of the National Bank of
Serbia, applicable on the date of conversion.
It is not permitted to conclude a fictional cashless payment transaction of a Buyer/Cardholder
with a merchant on a petrol station; therefore such act shall be sanctioned by card appropriation
and termination of the Contract.
It is not permitted to leave a card as a lien or any other means of security.
Card usage may be aggravated or disabled in electronic readers (POS terminals) due to:
inadequate card preservation by a Cardholder, physical, heat or magnetic deformity of the card.
Seller shall not be held liable in no way for such cases, and costs of card replacement shall be
regulated in compliance with business policy of the Seller.
Seller shall not be held liable for damages incurred through card use, which occur as a result of
circumstances beyond influence of the Seller, such as denial or inaccurate authorization and
authentication due to errors in processing system or telecommunication lines, failure in electricity
supply, POS terminal defect, etc.
If on a petrol station and upon Seller’s request, Buyer/Cardholder is requested to hand over the
card, the latter shall do so, on which Minutes shall be made in accordance with paragraph 4,
clause 3.
Cards may have their monthly and/or daily consumption limits respectively, converted in Dinars,
and based on data delivered by Buyer.
Should Cardholder fail to receive the information on certain payment transaction in the invoice
attachment, 30 (thirty) calendar days from the date of such transaction, Cardholder shall inform
the Seller about it without delay.
5.
Debit Card
In order to become a debit card holder, Buyer shall deliver to the Seller, until singing of the
Contract at the latest, the following documents, not older than six months:
-
OP-Form (certified signatures of persons authorized for representation);
Confirmation of registration in the Tax Administration unique register of taxpayers
(Finance Ministry – Tax Administration – Tax ID number);
Confirmation on VAT recording (Finance Ministry – Tax Administration);
Excerpt of registration in the Registry of Economic Entities (Economic Register
Agency);
Application for Issuing NIS Fuel Card (Appendix No. 2 hereof);
Specification of vehicles (Appendix No. 1 hereof);
The Ownership Structure Statement (Attachment No. 5 hereof);
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Upon receipt of cards, Buyer shall effect advance payment to the Seller’s current account as per
received instruction.
After use of the entire paid amount, Buyer shall prepay the new amount.
In case of change of data under paragraph 1 of this clause, Buyer shall, without delay, inform the
Seller in writing and in accordance with changes, about altered documents listed under
paragraph 1.
Buyer shall effect payment based on a quotation and according to Seller’s instructions, with
compulsory indication of the quotation number in the field “Reference No.” in the payment order.
Quotation number is valid for one Buyer’s payment only, whereby on each payment, Buyer
indicates number of new quotation received from the Seller, entering it in the field “Reference
No.” in the payment order.
When in the same taxation period Seller receives advance payment and performs trade of goods
and services for which advance payment was received, Seller shall not be obliged to issue bills
for advance payments received, but rather bills for completed trade of goods and services only.
6.
Credit Card
In order to become a credit card holder, Buyer shall deliver to the Seller, until singing of the
Contract at the latest, the following documents, not older than six months:
-
Scoring of the economic entity (Economic Register Agency);
OP-Form (certified signatures of persons authorized for representation);
Confirmation of registration in the Tax Administration unique register of taxpayers
(Finance Ministry – Tax Administration – Tax ID number);
Confirmation on VAT recording (Finance Ministry – Tax Administration);
Excerpt of registration in the Registry of Economic Entities (Economic Register
Agency);
Specimen Signature Card (commercial bank);
Application for Issuing NIS Fuel Card (Appendix No. 2 hereof);
Specification of vehicles (Appendix No. 1 hereof);
The Ownership Structure Statement (Attachment No. 5 hereof).
In case of change of data under paragraph 1 of this clause, Buyer shall, without delay, inform the
Seller in writing and in accordance with changes, about altered documents listed under
paragraph 1.
Monthly credit limit is the amount of maximum debit of the Buyer, for petroleum products, other
goods and services bought at the Seller’s petrol stations using credit card, and it is being
determined in accordance with the Seller’s standards and methodology, based on estimated
credit worthiness and solvency of the Buyer, and also on delivered payment guarantee.
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In case of exceeding the credit limit, further delivery of petroleum products and other goods and
services shall be suspended for the Buyer, until the moment of fulfillment of the financial
obligations from the Contract.
If Buyer does not accept change of credit limit amount (limit reduction), Buyer shall inform the
Seller about this in writing within 15 (fifteen) calendar days, starting from the date of information
receipt, and in the successive time period of 15 (fifteen) days, return card/s, settle all the debts
incurred through card/s use, in which case Seller shall cancel the card/s. If Buyer does not
accept change of credit limit amount (limit increase), Buyer shall inform the Seller about this in
writing within 15 (fifteen) calendar days, starting from the date of information receipt, and shall
be entitled to continue with the card/s use in accordance with the credit limit which was
determined prior to this change.
Payment terms and ways of securing payments shall be stipulated by the Contract.
Buyer shall, for the guarantee for deferred payment of petroleum products, goods and services,
as well as for legal default interest, and prior to first delivery of petroleum products, goods and
services, hand over to the Seller one of the following payment guarantees, accepted by the
Seller: Guarantee of a commercial bank or 3 blank own Bills of exchanges with bill of exchange
authorizations.
If Buyer submits Bills of exchanges as a payment guarantee, they have to be blank with remark
“no protest”, signed by an authorized representative of the Buyer and sealed with Buyer’s stamp,
with bill of exchange authorization for collection of due, unsettled invoices, and also calculated
legal default interest, again signed by an authorized representative of the Buyer and sealed with
Buyer’s stamp.
With all the above stated, Buyer shall also submit Specimen Signature Card for the authorized
representative of the Buyer, certified by the Buyer’s commercial bank in which specimen
signature of the authorized Buyer’s representative has been filed with.
Bills of exchange delivered by the Buyer to the Seller have to be registered with the National
Bank of Serbia, i.e. Buyer has to submit a proof that bills of exchange with bill of exchange
authorizations have been recorded in the NBS Register.
If, during validity of the Contract, there is any change in the signature specimen card, Buyer shall
submit to the Seller the certified copy of modified specimen card, within 3 (three) working days
from the date of modification.
If Buyer submits a bank guarantee as a collateral, the same should be irrevocable, unconditional
and payable at first call of the Seller, and issued by the first-class bank, in a form and with a
content approved by the Seller, and with deadline which is 15 (fifteen) calendar days longer than
the due date of the last invoice. Seller shall retain the right to define in the Contract the
entitlement to temporary suspension of petroleum products, other goods and services delivery,
in case that the Buyer has not submitted appropriate bank guarantee. Value of delivered and not
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charged petroleum products, other goods and services may be maximally up to 95% of the value
of the delivered bank guarantee.
In case that the Contract is extended in accordance with contractual provisions, Buyer shall,
under given terms, and until expiry of previously submitted bank guarantee validity at the latest,
provide the Seller with new bank guarantee or amendment to the existing bank guarantee.
Seller is entitled to submit the given payment guarantee if the Buyer exceeds the deadline for
payment of delivered petroleum products, or for calculated legal default interest.
Buyer shall, for each used collateral, submit to the Seller the new collateral, within 5 (five)
working days from the date Seller invites him to do so.
Otherwise, Seller shall be entitled to terminate this Contract unilaterally, as well as to claim
damage compensation.
In the period from the moment of activating submitted collateral, until the moment of submitting
new collateral, Seller retains the right to suspend delivery of petroleum products, without Buyer’s
entitlement to damage compensation on that basis.
Seller shall, prior to expiry of the Contract and settlement of all liabilities, return to the Buyer all
uncollected collaterals, with all the accompanying documentation.
7.
CD Card
CD Card, is being issued to diplomatic and consular representative offices and international
organizations, in compliance with international agreements (hereinafter referred to as: DCR/IO),
which exercise their right of purchasing petroleum products at the price free from excise and
VAT.
In order to become a CD cardholder, Buyer is obliged to submit to the Seller, and Seller to check
the following documentation:
-
-
-
-
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Photocopy of reciprocity confirmation, so-called: base confirmation, which allows
exemption from payment of VAT and excise duty, issued by the Serbian Ministry of
Foreign Affairs (once a year – at the beginning of each year);
Two original counterparts of official order for purchase of goods and services, as well as
import of goods, free from VAT and excise duty (forms SNPDV/SNA and LNPDV/LNA)
for each vehicle separately, issued and verified by an authorized person of DCR/IO, upon
each payment within approved quantity of petroleum products – quota;
For international organizations: Photocopy of international agreement (with original which
is presented for reference) and translation of the international agreement into Serbian,
made by certified court translator;
List of company and private vehicles of DCR/IO for supplying with petroleum products,
for which the latter shall observe their right to use petroleum products at preferential
price.
Application for Issuing CD Card (Appendix No. 2 hereof);
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Specification of vehicles for issuing CD Card (Appendix No. 1 hereof);
Confirmation of tax payer registration issued by the Tax Administration of the Serbian
Finance Ministry;
Details of persons authorized for issuing travel orders, with filed signature specimens of
such persons (signature specimen card);
Other documentation as required by the Seller.
Buyer shall effect payment as per payment instructions received by the Seller.
When in the same taxation period Seller receives advance payment and performs trade of goods
and services for which advance payment was received, Seller shall not be obliged to issue bills
for advance payments received, but rather bills for performed trade of goods and services only.
In case of data modification, Buyer shall, without delay, inform the Seller in writing, and deliver
the altered documents, in accordance with the changes.
8. IC Card
IC Card is a card that is being issued to international organizations and legal entities, in
accordance with international agreements and/or donation and/or loan agreements, by which
international organizations and legal entities exercise their right to purchase petroleum products
at the price free from VAT.
In order to become holder of an IC card, Buyer is obliged to submit to the Seller, and Seller to
check the following documentation:
If Buyer is an international organization, which, in compliance with international agreement,
exercises the right to purchase petroleum product at the price free from VAT :
-
-
-
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Photocopy of reciprocity confirmation, so-called: base confirmation, which allows
exemption from payment of VAT and excise duty, issued by the Serbian Ministry of
Foreign Affairs (once a year – at the beginning of each year);
Photocopy of international agreement (with original which is presented for reference) and
translation of the international agreement into Serbian, made by certified court translator;
Two originals of orders for purchase of petroleum products without VAT (forms SNPDV
and LNPDV) for each vehicle separately, issued and certified by an authorized person of
such international organization, on each payment within approved quantity of motor fuel
– quota;
List of company and private vehicles of the international organization, in compliance with
the international agreement, for which they exercise their right to use petroleum products
at preferential price, VAT free;
Application for Issuing IC Card (Appendix No. 2 hereof);
Specification of vehicles for issuing IC Card (Appendix No. 1 hereof);
Confirmation on registration of tax payers issued by the Tax Administration of the
Serbian Finance Ministry;
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Details of persons authorized for issuing travel orders, with filed signature specimens of
such persons (signature specimen card);
The Ownership Structure Statement (Attachment No. 5 hereof);
Other documentation as required by the Seller.
If Buyer is a legal entity, which, in compliance with international agreement or other grounds,
exercises the right to purchase petroleum product at the price free from VAT:
-
OP-Form (certified signatures of persons authorized for representation);
Confirmation on taxation exemption (PPO-PDV) for donations or loan, certified and
signed by the Tax Administration Headquarter, of the Finance Ministry;
Confirmation of registration in the Tax Administration unique register of taxpayers
(Finance Ministry – Tax Administration – Tax ID number);
Confirmation on VAT recording (Finance Ministry – Tax Administration);
Excerpt of registration in the Registry of Economic Entities (Economic Register Agency);
Application for Issuing IC NIS Fuel Card (Appendix No. 2 hereof);
Specification of vehicles for issuing IC Card (Appendix No. 1 hereof);
The Ownership Structure Statement (Attachment No. 5 hereof);
Other documentation as required by the Seller.
Buyer shall effect payment as per payment instructions received by the Seller.
When in the same taxation period Seller receives advance payment and performs trade of goods
and services for which advance payment was received, Seller shall not be obliged to issue bills
for advance payments received, but rather bills for performed trade of goods and services only.
In case of data modification, Buyer shall, without delay, inform the Seller in writing, and deliver
the altered documents, in accordance with the changes.
9. Card and Data Safety
Buyer shall keep cards and PIN confidentiality, protecting them from unauthorized access, theft
and misuse, and shall request all transaction procedures on the selling spots to be carried out in
Buyer’s/Cardholder’s presence, and especially to observe the following safety measures for
possession and use of card and the PIN:
-
Buyer shall keep the card and always be aware of where it is placed;
PIN code should be memorized and kept separately from the card;
PIN code has to be kept confidential and cannot be disclosed to other persons;
While entering PIN in a POS terminal, privacy should be kept;
When paying bills, card should not be left, in any moment, without supervision.
In case that there has been an unauthorized use of the card, i.e. data from the card, Buyer shall,
immediately upon finding it, and not later than within 5 (five) calendar days from the date of
invoice receipt, report to Seller the transaction made by unauthorized use of the card, i.e. data
from the card. In that case, Buyer shall bear losses which are result of unauthorized use, and
therefore shall settle all the obligations deriving from such unauthorized use of athe card, i.e.
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data from the card, until and through the reporting date, including the exact time when this was
reported. If the report is not made within the given time period, Seller shall not take it into
account, and the Buyer shall be bound to settle all the obligations arising as a result of misuse of
the card.
In case when a Buyer discovers an unrecognizable transaction via web access, it is necessary
to request the card blockade through Seller’s Call Center, which is available 24 hours a day, or
to block the card itself. Call Center operators are available at the telephone number: 08 0000
8888.
Buyer shall reimburse all the losses and potentially incurred damage related to each transaction
deriving from misuse the Buyer committed, and shall also reimburse all losses incurred due to
fact that the latter failed to comply with provisions of General Terms, with obligation to inform the
Seller, without delay, about loss, theft and misuse of the card, as well as failure to comply with
obligation to adequately keep confidentiality of the PIN. Buyer shall reimburse all the losses and
possible damage related to each transaction that has been confirmed and verified by PIN.
Seller shall replace the card (plastic) for the Buyer in case of any damage that would potentially
cause impossibility of its further use. Costs of replacement shall be invoiced in compliance with
the Seller’s business policy.
10. Card Misplace – Loss or Theft
In case of loss or theft of a card and/or of a PIN, Buyer shall notify the Seller about each
transaction with unauthorized use of the card, i.e. card data, using telephone number 09 0000
8888 and request from the Seller to block the card.
Notification on loss/theft has to be
confirmed by the Buyer as per given instructions, whether in writing or via e-mail, immediately,
but not later than within 24 hours from the moment of becoming aware of the card loss/theft.
Seller shall enable cardholder to report in any moment, in compliance with the paragraph 1
hereof.
In case of a card theft and/or unauthorized use, Buyer shall immediately inform the Serbian
Ministry of Interior.
In case of loss of a PIN, Buyer shall notify the Seller in writing in order to enable reissuance of a
new PIN.
All possible financial losses incurred from theft/loss of a card for the period from the moment of
submitting the written notice, shall be reimbursed by the Buyer.
In case a loss, theft or damage, Seller shall issue another card to the Buyer, whereof the written
Minutes shall be made in compliance with the paragraph 5 of the clause 2.
Costs of issuance of a new card upon loss, theft or damage that were caused by the Buyer shall
be invoiced in compliance with the Seller’s business policy.
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When a Buyer, after reporting loss/theft, finds the card, it must be returned to the Seller
immediately, for its annulment.
In case of suspicion that there was a card misuse, Seller may temporarily block the card.
Reactivation or permanent blockade shall be done by the Seller only with previous written
agreement with the Buyer.
11. Termination of the Right to Use Cards
Termination of a card use may be initiated by a Buyer (cancellation), or through Seller’s denial of
a right to use the card (ban to use).
In case of cancelling the card use, Buyer shall settle all the obligations incurred by its use, as
well as other costs incurred in connection with this Contract. Also, Buyer shall return all
additional cards to the Seller.
Seller retains the right to withdraw right to use cards to a buyer which fails to comply with
General Terms in any form, without clarification, and to invalidate them. Buyer shall, upon
Seller’s request, return the cards immediately, in any case not later than within 3 (three) working
days from the day of notification on cancelling the use, on which the Minutes shall be made in
compliance with paragraph 4, of the clause 3, or else, Seller shall invoice issued but not returned
cards to the Buyer at the price of EUR 5, VAT excluded, expressed in Dinars and calculated
using medium exchange rate of Euro of the National Bank of Serbia, applicable on the date of
conversion.
Seller shall inform petrol stations about card cancelation. From the moment of notification
receipt, attendants at petrol stations are authorized to appropriate such card from the Buyer.
Liabilities based on transactions made from the moment of withdrawal, destruction or
invalidation of the card, as well as all the accompanying costs (interests, etc.),, shall be borne by
the Buyer.
In case that Buyer disagree with modifications of General Terms and Conditions, Buyer shall
inform the Seller about that, settle liabilities arising from the Contract in effect, and file the
request for termination of the Contract, and also return the cards to the Seller, whereby cards
will be invalidated (cut across the card chip) in its presence.
12. Responsibilities and Recommendations
Buyer shall submit each modification of data stated in the Application for Card Issuance and
Specification of Vehicles to the Seller immediately, in any case not later than within 3 (three)
working days from the occurrence of such modification. All costs and possible damage incurred
due to failure to submit data modification to the Seller shall be reimbursed by the Buyer.
13. Quality of Petroleum Products, Resolution of Complaints and Force Majeure
Seller guarantees the quality of delivered petroleum products, as defined by the applicable
Rulebook on Technical and Other Requirements for Liquid Fluids of Oil Origin and by the
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applicable Rulebook on Technical and Other Requirements for Liquid Petroleum Gas, in case
that the object of sales is gas.
Buyer is entitled to file complaint regarding quality and quantity of delivered petroleum products,
in which case Buyer shall file a complaint without delay, immediately upon receiving such
petroleum products.
In case of a complaint regarding quantity of petroleum products, Buyer shall immediately inform
the Seller, and the latter shall forward it to the Complaints Commission, which will determine on
the spot the factual state and create joint minutes about it.
In case of complaints about quality of delivered petroleum products, Buyer shall immediately
inform the Seller, and the latter shall send an expert to perform sampling of such petroleum
product and send it to analysis.
Should the Buyer fail to act in compliance with the given provisions, its complaint shall not be
taken into account.
Buyer and Seller have agreed that until the moment of resolution of a complaint, which cannot
last longer than 15 (fifteen) calendar days, each Party shall bear its own costs incurred in
relation to this Article.
If it is determined that complaint was not grounded, costs of complaint procedure shall be borne
by the Buyer that will pay incurred costs to the Seller within 8 (eight) working days from the date
when Seller invited it to settle the debt, with delivery of debit memo for the amount of incurred
costs. In case of delay, legal default interest shall be calculated and charged.
Effect of Force Majeure assumes a case which releases the Party which has been affected by
Force Majeure, from responsibility for fulfillment of all or certain contractual obligations, as well
as for damage compensation for partial or full default in contractual obligations, or both Parties,
when both were affected by Force Majeure, and fulfillment of obligations that was disabled due
to effect of Force Majeure shall be postponed for the period of its duration.
The Force Majeure instances include in particular, but are not limited to: fire, flood, earthquake,
war, mobilization, adversary act, riot, strike (which does not include strike of the Seller and/or the
Buyer), sabotage (which does not include sabotage of the Seller and/or Buyer), epidemics, traffic
or natural disaster, embargo, blockade or sanctions imposed by bodies or organizations of
international community or several states, act of international community bodies aimed against
any Party, blockade organized by third parties, acts of public authority bodies, other emergency
circumstances which have not been or could not be foreseeable or avoided by the Parties, but
which caused stoppage in pipeline operation, as well as other events that may not be ascribed to
blame of one of the Parties or to both Parties, which fully or partially prevent or disable one of
the Parties or both Parties to fulfill their contractual obligations, and a Party or the Parties could
not predict or avoid them.
The Party which is prevented from fulfillment of its contractual obligations due to the effects of
Force Majeure shall immediately, without delay and not later than within 24 (twenty four) hours,
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inform the other Party in writing about occurrence of such circumstances and its estimated or
expected duration and submit the evidence of existence of the Force Majeure.
The Party affected by a Force Majeure shall take all necessary measures to mitigate the effects
averting it to perform its contractual obligations, shall keep the other Party informed of how long
the Force Majeure will impede the fulfillment of obligations and immediately notify the other Party
of the cessation of the Force Majeure effect. This provision respectively applies in case when
both Parties are affected by the Force Majeure.
Each Party shall bear its own costs for the time of duration of Force Majeure.
If the Force Majeure has continuously prevented the Parties to fulfill their obligations or a part of
the obligations for more than thirty (30) calendar days, the Parties shall reach an agreement on
further action regarding observance of Agreement provisions and conclude an appropriate
Annex to the Contract, or agreement on termination of the Contract.
In case of Force Majeure, Parties shall exclusively communicate with each other in writing
14. Ownership Structure
Ownership Structure Statement is an integral part of the present General Terms. In case of
modifications in chain of Buyer’s owners, including beneficiaries (end beneficiaries among
others), and/or in executive bodies of the Buyer, the latter shall present to the Seller the
information about such modifications in writing and within 3 (three) calendar days from the
moment of occurrence of such changes, together with backing documents.
Seller shall be entitled to withdraw from execution of the Contract unilaterally, in case that the
Buyer fails to fulfill the stated obligation. In that case, the present Contract shall be deemed
terminated as of the date when the Buyer received the written notification from the Seller on its
withdrawal from the execution of the Contract, or as of some other date as specified in such
notification.
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