General business conditions for the selling of fuels at the filling stations of M-Oil Trading GmbH and at affiliated filling stations in the network of the M-Oil filling stations.

§1 Area of Applicability

The following business conditions of M-Oil Trading GmbH, called the "Vendor" in the following, apply exclusively. The customer, called the "Customer" in the following, acknowledges and accepts the following general business conditions of the Vendor without restriction. The business conditions apply to the customer at all filling stations of the Vendor that accept the tank card of the Vendor. Alterations require written form.

§2 Object of the Contract

The Vendor sells to the Customer the products that are offered at the stations of the Vendor and at affiliated stations, which accept the tank credit cards of the Vendor, on the basis of the following General Business Conditions. The products are supplied through the use of the tank credit cards of the Vendor. The purchasing of fuel is carried out directly by the customer by using the tank credit cards and by fully automatic fuelling by the Customer or his legal representatives.

The products supplied remain the property of the Vendor until complete payment has been made. After the signing of the contract, the Vendor hands over tank cards to the Customer or his representatives or activates tank cards of the customer at selected stations in the network of the Vendor, which enables the purchasing of products at filling stations or filling stations in the network of the Vendor, especially for the fuelling of automobiles.

§3 Use of the Cards

3.1. The use of the card is limited to:
3.2. The Customer and his representatives
3.3. The supplying of the product up to the maximum quantity, defined in the course of the production of a tank guarantee or up to the maximum quantity stated be the Vendor, which is defined in advance in writing.
3.4. One secret PIN code per card
3.5. The card is valid until further notice
3.6. The Customer is to ensure that each of the cards used is correctly stored and protected against unauthorised use. The secret code of the card must not be known to anyone except the card owner or his legal representatives. The Customer is also to ensure that the card and the code are never kept together.
3.7. The Customer is liable for all cards used by him that have been handed over to the Customer or his Representatives, even in the event of misuse by third parties.
3.8 Upon the request of the Vendor, the tank cards are to be sent back to the Vendor.

§4 Payment and Price-Setting - Customer Protection

4.1. The transaction is automatically debited from the Customer upon use of the card by the Customer or his representative.
4.2. Invoicing is in Euro plus the legal value-added tax. The price charged to the Customer is calculated daily based upon the current fuel prices normal on the market, the average price for the invoicing period is calculated.
4.3. The invoices are sent to the customer on the 1st and 16th of every month. Payment is made by means of debiting. All expenses arising due to posting to a prior period for want of cover are charged to the Customer. The Vendor must be notified of any objection or complaint regarding the invoice within 8 days after the invoice date, in writing.
4.4. The Customer is to ensure that his account contains sufficient funds at the payment date. Offsetting rights on the part of the customer against the Vendor, regardless of title, are expressly ruled out.
4.5. The Customer is to ensure that the debiting order for payments made by direct debit is effective.
4.6. The Customer is to ensure that the debiting of the owed amount is performed correctly, and/or that nothing stands in the way of another agreed means of payment.
4.7. Insofar as the debiting is not accepted by the bank of the Customer, the Vendor is entitled to charge default interest on the entire outstanding unpaid amount, until his invoice is settled. The default interest is 4 % p.a. above the current account interest rate of the bank in question on the due date, and can be charged against the Customer pro rata temporis by simple notification by the Vendor. If the Vendor is in a position to prove a higher loss caused by delay he is entitled to claim this.
4.8. In the case of non-payment, all outstanding amounts are due immediately. And the Vendor is entitled to block all cards immediately.
4.9. The price to be charged to the customers is calculated on the basis of the 14-day average purchase price.
4.10. Those customers who have no debit order are obliged to transfer the invoice amount to our account within the agreed payment time limit. If payment does not take place within the time limit, default interest of 10 % plus reminder fees is charged.

§5 Loss or Theft of the Card(s)

The customer is liable for the use of his own cards for obtaining the products of the Vendor. This applies in every case of loss or theft of the card(s), the blocking of the cards is carried out by the Vendor after receiving the instruction to do so from the Customer. Notification of the theft or loss of cards is to be given immediately and by all available means directly to the Vendor or his representatives. Every notification of theft or loss is also to be given additionally, by the Customer, in writing within 24 hours. If a lost or stolen card is recovered, it is only to be used after prior assent from the Vendor.

§6 Liability

6.1. The Vendor is merely liable for making sure that the distributed product meets Austrian standards.
6.2. The Vendor is not liable for the non-availability of the product at the respective filling station, regardless of the reasons. All other claims by the Customer - for whatever legal reason - are ruled out.

§7 Summary of Sales and Invoice

For every vehicle and at regular intervals, the Vendor produces a summary of the quantities of fuel purchased.

§8 Complaint

After every fuelling, the Customer can receive a receipt for the fuel. This is carried out automatically upon request at the automatic pump. In the case of objections, he Customer is to inform the Vendor of these in writing, stating reasons, within 24 hours. The Vendor will check the complaint and then decide about any corrections. Objections are under no circumstances taken into account after the elapsing of 14 days after the invoice date. After the elapsing of the period of time, it is assumed that the invoices have been accepted by the Customer.

§9 Cancellation of the Cards

The Vendor can, at the request of the Customer, cancel or block one or more cards.

§10 Force Majeure

Cases of force majeure affecting the Vendor or his pre-supplier - such as mobilisation, war, stoppage of work or locking-out, regardless of who has caused it, disruption of operations or transportation, shortage of oil or raw resources or other events or orders, which prevent or hinder the deliveries, which are independent of the will of the Vendor and unpredictable, free the Vendor and his representatives from his duty to supply and from any liability at all.

§11 Duration

11.1. The contractual relationship is concluded for an indefinite period.
11.2. The right to termination without notice for an important reason remains hereby unaffected. This applies in the case of:
11.3. Differences of opinion regarding the supply and payment conditions regulated in this contract
11.4. Changes regarding the financial situation of the Customer e.g. absence of an agreed bank guarantee, exceeding the agreed supply quantities.
11.5. Non-payment within the due period.
11.6. Refusal to pay by the ordered bank
11.7. Exceeding of the agreed supply or credit limit

§12 Liability of the Customer for Damage Caused by Representatives of the Customer to Property of the Vendor

The Customer is liable to the Vendor regarding damage caused by representatives of the Customer to buildings, filling pumps, automatic pumps, environmental damage, etc. The Customer is liable to the Vendor for contamination and environmental damage caused by representatives of the Customer.

§13 Legal Domicile

Legal domicile for all conflicts arising from this contractual relationship is A-4560 Kirchdorf an der Krems.

§14 Final Clauses

If parts of the general business conditions are ineffective, the effectiveness of the remaining conditions is hereby unaffected. Alterations require written form.