The Company (Axus Finland Oy) grants a charge card according to these terms and conditions for the purpose of paying the running costs of a vehicle subject to a leasing agreement. These terms and conditions concerning charge cards constitute a part of the vehicle’s leasing agreement and take effect once both contracting parties have signed the order confirmation or leasing agreement concerning the vehicle in question.
1. Contracting parties
The contracting parties comprise the Company and the lessee. The lessee agrees to abide by the terms and conditions of charge cards when using the charge card.
2. Ordering charge cards
The lessee shall inform the Company in writing of the charge cards linked to the agreements of leased vehicles and any purchase limits thereto as well as of the delivery address of the cards and PIN codes. The Company orders the cards from service station companies and delivers them to the lessee according to the details provided by the lessee.
3. Card use
The card provided for the lessee by the company is intended for paying for the contractual vehicle’s operating expenses listed below. Using the card for any other purpose is forbidden. The lessee is accountable for all purchases made with the charge card and the resultant charges. The Company has the right to set purchase limits on a card.
The card can be used to purchase fuel, windscreen cleaner and car washes from service stations. All costs incurred at service stations are invoiced from the lessee as such. Small items and equipment covered by the service leasing (windscreen wipers, additions of oil and radiator fluid and bulbs) should be purchased from the vehicle’s licensed dealers/repair shops that will invoice the purchases from the company.
4. Charging from customer
The Company invoices all purchases made with a card from the lessee at least once a month. The lessee is obliged to pay such invoices at latest by their due date. If the lessee fails to pay an invoice by its due date, the lessee is obligated to pay a 16 per cent annual interest on late payments starting from the due date and to compensate any collection expenses incurred by the Company due to the default. In addition to the purchases made, the lessee is obligated to pay the card fee given on the price list valid at any given time.
5. Information disclosure
The Company may disclose information needed by the card issuer for the purposes of ordering and using the charge card, regardless of whether this information is subject to a non-disclosure obligation based on law or an agreement. The lessee agrees that the Company may disclose the aforementioned information to companies that belong in the same group of companies as well as the Company’s affiliates.
6. Defects in products or services
In case the lessee notices a defect in a product or service paid for with the charge card, the lessee must present any claims directly to the party responsible for selling or providing the product or service in question. Any defects detected do not remove the lessee’s payment obligations towards the Company for purchases made with the card.
7. A missing charge card
The cardholder must keep the card and its PIN code separate. If the card goes missing, the cardholder must immediately contact the card closing service. The lessee will also be responsible for any purchases made after reporting that the card has gone missing if the card’s PIN code has been stored so that the person in possession of the card has been able to obtain it.
8. Termination of agreement
The agreement is valid until further notice, until either contracting party terminates the agreement. The lessee may terminate this agreement or an individual card with a one-month period of notice by informing the Company thereof in writing. The lessee shall be responsible for cutting an invalid charge card in half.
The Company has the right to terminate charge cards with a one-month period of notice. Following such a period of notice, the lessee must forthwith cut in half all the relevant charge cards in its possession.
The lessee is responsible for ensuring that the use of a card linked to an individual leasing agreement is discontinued, and that the card is cut in half at the same time as the leasing agreement concerning the vehicle in question terminates.
Despite the termination of charge cards and individual leasing agreements, the lessee is responsible for all purchases made with the cards.
9. Force majeure
The company will not be responsible for damage caused by an unreasonably negative impact on the lessee’s activities resulting from a force majeure or a similar situation. The contracting parties are obligated to notify the other party of any force majeure as soon as possible.
10. Other terms and conditions
The Company has the right to transfer this agreement and all rights related thereto to a third party. The lessee shall not have the right to transfer this agreement to a third party without the Company’s consent. The Company shall not be responsible for damage or loss caused by the misuse of cards.
11. Place of jurisdiction and applicable law
Any disputes arising from or in relation to this agreement are settled by the District Court of Vantaa, Finland. This agreement is governed by Finnish law.
