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Terms and Conditions - ATS Swipe Card

TERMS AND CONDITIONS - ATS SWIPE CARD

TERMS AND CONDITIONS APPLYING TO THE ISSUANCE AND ACCEPTANCE OF ATS/MOBILCARD/CHARGE CARD, SWIPE CARD AND/OR ATS IDENTIFICATION CARD [“ATS CARDS”] ISSUED BY ASHBURTON TRADING SOCIETY LIMITED [“THE SOCIETY” OR “ATS”]

TERMS OF CONTRACT relating to the issue and acceptance of ATS membership cards:-

1. Each ATS Card, including any renewal card(s) remain the property of ATS. The terms of creation and operation of the ATS Card are endorsed on the reverse side of the application form to be completed by an applicant for that card and hereby are incorporated in these terms and conditions.

2. ATS Cards will only be issued to a Cardholder at the request of an ATS Member [as that term is defined in the ATS Rules], and on the basis that the Member will be jointly and severally liable for all of the Cardholders obligations hereunder.

3. Cards issued by ATS shall not be transferable and will be honoured only when current, signed and presented by the authorised holder [“the Cardholder”].

4. The Cardholder shall be bound by these terms and conditions immediately upon signing the ATS Card.

5. The rights of the Cardholder may be withdrawn at any time without notice to the Cardholder. The Cardholder agrees to surrender and/or arrange the surrender of all or any ATS Cards on request of any representative or person authorised by ATS to request the same. It is acknowledged that use after notice of withdrawal is fraudulent. Notice of withdrawal shall be deemed given when a notice posted to the last address of the Cardholder or ATS Member known to ATS would have been received in the ordinary course of post.

6. Should the ATS Card be lost or stolen then the Cardholder is liable for the charges incurred by use of such ATS Card from the time of loss or theft until such time as written advice thereof has been given to ATS.

7. The Cardholder can use the ATS Card to charge purchases incurred at authorised Card Suppliers subject however, to the right of such authorised Supplier to refuse credit and subject further to the right of ATS to refuse to approve the use of the ATS Card at any authorised Card Supplier for any reason whatever. The Cardholder shall become liable immediately to ATS for payment of the amount of purchases so incurred and the Cardholder shall be obliged to make payment accordingly to ATS.In respect of purchases onthe ATS Card. ATS will render statements and the purchases therein detailed  are payable to ATS by the 20th of the month following purchase. The Cardholder agrees to pay any cost of collection and all legal fees incurred by ATS in the event of legal action becoming necessary.

8. Interest may be charged by ATS from time to time at its absolute discretion in which case the Cardholder shall pay to ATS such interest calculated at the rate of 1.5 percent per month [or such other rate as ATS may from time to time determine] and computed on a daily basis on any outstanding balance on the Cardholder’s account [excluding interest] not received by ATS prior to the 20th of the month following purchase.

9. Any charge form received by ATS for payment shall be conclusive proof that the charge recorded thereon was properly incurred at the authorised Card Supplier for the amount so stated and by the Cardholder referred to in that form by the use of the ATS Card, except when a card has been lost or stolen and written advice thereof has been given to ATS, or in the case of manifest error.

10. ATS shall not be responsible for merchandise, merchandise quality or services, services quality in relation to purchases by the Cardholder from authorised Card Suppliers and a dispute or claim must be resolved by the Cardholder with the Card Supplier. The existence of a claim or dispute shall not relieve the Cardholder from the Cardholder’s obligation to pay promptly all charges. Charges made by an authorised Card Supplier to ATS shall in addition be conclusive as between ATS and the Cardholder notwithstanding the currency exchange calculations made by the authorised Card Supplier or variations in currency exchange rates.

11. The Cardholder agrees to accept the liability for all charges incurred or in any way arising from the use of the card issued to the Cardholder or any other person including any renewal card and the Cardholder agrees to pay the amount of such charges forthwith.

12. The Cardholder and the ATS Member that requested the issue of the ATS Card are jointly and severally liable for all charges incurred on that ATS Card account. Such joint and several liability continues notwithstanding that there may have been a severance of association between the Cardholder and the ATS Member, and ATS has been notified in writing at its address set out below.

13. These terms and conditions may be varied at any time by ATS by notification in writing to the Cardholder, such notice shall be deemed given when a notice posted to the last address of the Cardholder or Member known to ATS would have been received in the ordinary course of post.

14.1 Ownership of the goods supplied by ATS or ATS supplier shall not pass to the Cardholder until all amounts owing by the Cardholder to ATS in respect of the goods have been paid in full. Until ownership of the goods passes to the Cardholder, the Cardholder agrees as follows:

14.2 The Cardholder will hold the goods on trust for ATS as ATS’s bailee;

14.3 The Cardholder must not change the Cardholder’s name, address or contact details without providing ATS with at least 30 days prior written notice;

14.4 In respect of the Personal Property Securities Act 1999 [“PPSA”] and between ATS and the Cardholder, the Cardholder unconditionally and irrevocably:

[a] Waives the Cardholder’s right under the PPSA to receive a copy of any financing statement or financing change statement;

[b] Agrees that, to the maximum extent permitted, section 114[1][a], 133 and 134 will not apply;

[c] Has none of the rights referred to in sections 107[2][c]-[e] and 107[2][h]-[j], all inclusive; and

[d] Agrees that where ATS has rights in addition to, or existing separately from those in Part 9 those rights will continue to apply and, in particular, those rights will not be limited by Section 109;

[e] Agrees that where any goods become an accession as defined in the PPSA, the Cardholder will not apply to the Court for an order concerning the removal of the accession;

[f] Agrees that the Cardholder will not enter into or accept, or allow any other person to enter into or accept, a financing change statement in relation to a financing statement registered by reference to it under the PPSA;

[g] Agrees that the Cardholder will not consent to or enter into any agreement which permits any supplier or other person to register a security interest in respect of the goods [whether an accession or otherwise];

14.5 If the goods have not been paid for in full by the due date for payment or are at risk [as defined in PPSA], ATS or ATS’s agent[s] may [in addition to ATS’s rights but subject to the Credit [Repossession] Act 1997] enter the Cardholder’s premises [or other premises to which the Cardholder has access and where the goods are stored or where ATS reasonably believes the goods are stored] at any time, without notice, and search for and recover the goods and may resell the goods or retain the goods for ATS’s own benefit, without incurring any liability to the Cardholder or any other person claiming through the Cardholder. The Cardholder may not revoke the permission granted in this subclause.

Initial Disclosure Statement

Pursuant to the Credit Contracts Act 1981.

1. Name and Address of Creditor:

Ashburton Trading Society Limited (ATS), 97 Burnett Street, Ashburton.

2. Amount of Credit:

Liability for all charges incurred or in any way arising from the use or any card issued to the cardholder or any other person including any reissued card or renewed card.

3. Other Terms of Contract:

The Terms applying to the issue and acceptance of cards as set out above and/or as endorsed on the reverse side of the application for the ATS/Mobilcard.

4. Continuing Disclosure:

Continuing disclosure of this revolving credit contract will be made in accordance with provisions of the Credit Contracts Act 1981.