Terms and Conditions

Carbon Offset Fuel Standard Terms and Conditions

1. Opt In Form

1.1 The Customer may apply to purchase Carbon Offset Fuel in respect of petrol and/or diesel it purchases from Ampol pursuant to a Product Supply Agreement (the Product)  by submitting an Opt in Form on the Ampol Carbon Offset Portal.  Ampol may accept, decline, or seek further information in respect of, an Opt In Form (at its sole discretion) by written notice to the Customer. 

1.2 If Ampol accepts an Opt In Form, Ampol shall sell to Customer, and Customer shall purchase from Ampol, Carbon Offset Fuel on these Carbon Offset Fuel Standard Terms and Conditions (which include the Opt In Form) during the Term.

2. Carbon Offset Fuel

2.1 Carbon Offset Fuel is Climate Active Certification in the Offset Percentage of the Products.  

2.2 The Product Supply Agreement will remain unchanged and will continue to apply to the supply of Products regardless of whether these Carbon Offset Fuel Standard Terms and Conditions commence, are varied, or end.

3. Term of the Carbon Offset Fuel Standard Terms and Conditions

The supply of Carbon Offset Fuel by Ampol to Customer under these Carbon Offset Fuel Standard Terms and Conditions commence on the date notified by Ampol in writing to the Customer pursuant to clause 1.2 and continue until terminated in accordance with clause 6.

4. Carbon Offset Fuel Fee

4.1 The Customer will pay the Carbon Offset Fuel Fee, being an amount equal to the Carbon Offset Rate multiplied by the Offset Percentage multiplied by the number of litres of Product supplied by Ampol to the Customer.

4.2 The Customer will be billed and must pay, the Carbon Offset Fuel Fee in accordance with the payment terms set out in the Product Supply Agreement.  The Carbon Offset Fuel Fee which will be billed as a separate item.  The Carbon Offset Fuel Fee is exclusive of Goods and Services Tax (GST).

5. Variations

5.1 Ampol may amend the Carbon Offset Rate from time to time in its sole discretion by giving 28 days’ written notice to the Customer.

5.2 Ampol may amend these Carbon Offset Fuel Standard Terms and Conditions by written notice with immediate effect to the Customer if required to comply with any Regulatory Requirements.

5.3 Ampol may:
(a) vary any material provision of these Carbon Offset Fuel Standard Terms and Conditions at any time by giving not less than 28 days’ prior written notice (where it is reasonably necessary to protect Ampol’s legitimate business interests);
and
(b) make minor variations to these Carbon Offset Fuel Standard Terms and Conditions at any time without giving the Customer prior notice. Any new version of the varied Standard Terms and Conditions will be available on Ampol’s public website for the Customer’s information.

5.4 Ampol has no liability to the Customer for any loss or damage arising from any amendment under 5.1, 5.2 or 5.3 above.

5.5 The Customer may vary the Offset Percentage at any time by giving Ampol 7 days’ written notice or instantly via the Opt In form on the Carbon Offset portal (but only to an Offset Percentage offered by Ampol at the time of variation which shall include 0%).

5.6 Except as set out above, any amendment to these Carbon Offset Fuel Standard Terms and Conditions must be agreed in writing between the Parties before having force and effect.


6. Termination

6.1 Ampol may, with immediate effect, suspend or cease its supply of Carbon Offset Fuel to Customer and terminate these Carbon Offset Fuel Standard Terms and Conditions at any time, by giving written notice to the Customer. Ampol has no liability to the Customer for any loss or damage arising from any such suspension or termination.  

6.2 The Customer may cease its purchase of Carbon Offset Fuel from Ampol and terminate these these Carbon Offset Fuel Standard Terms and Conditions by written notice to Ampol (i) with effect 7 days after receipt by Ampol of such notice, or (ii) with immediate effect at any time (A) in the 28 day period following receipt by Customer of a notice by Ampol in accordance with clause 5.1; or (B) within the 7 day period commencing on the date of receipt by the Customer of a notice by Ampol in accordance with clause 5.2; or (C)  within the 7 day period commencing on the date of receipt by the Customer of a notice by Ampol in accordance with clause 5.3(a). 

6.3 For the avoidance of doubt, Termination of the supply and purchase of Carbon Offset Fuel and/or these Carbon Offset Fuel Standard Terms and Conditions by either party will not impact the Product Supply Agreement which will continue with full force and effect. 


7. Climate Active Certification

7.1 Ampol Limited holds Climate Active Certification in respect the provision of Carbon Offset Fuel. The Ampol Climate Active Certification and Climate Active Public Disclosure Statement are available at https://www.climateactive.org.au/buy-climate-active/certified-members/ampol-limited as may be updated from time to time.

7.2 The Climate Active Certification and Carbon Offset Fuel are subject to all Regulatory Requirements from time to time. Except to the extent required by any Requlatory Requirement, Ampol has no liability to the Customer or any third parties for any loss or damage arising from or in connection with:
(a) any changes to the Climate Active Certification or Carbon Offset Fuel, caused or contributed to, by changes to or new Regulatory Requirements;
(b) the Climate Active Certification ceasing or being suspended for any reason; or
(c) any information in connection with the Climate Active Certification or Carbon Offset Fuel (including the information provided in Public Disclosure Statement or on the Climate Active website), including if that information is inaccurate, incomplete or contains errors.

7.3 To obtain and maintain Climate Active Certification, Ampol will acquire and retire eligible carbon offset units from greenhouse gas abatement projects in which it invests or from suppliers which are eligible under the Climate Active Certification program in its absolute discretion. The Customer cannot direct or otherwise require Ampol to allocate monies to any particular abatement projects or suppliers.  Ampol’s Climate Active Certification and supply of Carbon Offset Fuel is independent of the success or failure associated with any carbon abatement projects Ampol may choose to invest in or the participation of other customers in the program.

7.4 While Ampol has taken reasonable care to ensure that the information provided by Ampol to the Customer relating to the Carbon Offset Fuel is correct, all such information may be subject to change at any time without notice. Ampol has no liability to the Customer or other third parties if there are errors in such information or if that information is not up to date.

7.5 Although specific carbon emission reduction projects may be highlighted by Ampol in its marketing materials or on the Ampol website or the Ampol Carbon Offset Portal, Ampol does not undertake to apply any sums paid to Ampol to any specific project and may allocate monies to any emissions reduction project whether referred to in marketing material, on the Ampol website, Ampol Carbon Offset Portal or otherwise.

7.6 Except to the extent required by any Regulatory Requirement, Ampol has no liability to the Customer for any loss or damage arising from Ampol’s failure to supply the Carbon Offset Fuel.

7.7 The Customer must not use the Climate Active brand on their marketing or promotional material without specific approval from Commonwealth of Australia department which administers Climate Active.


8. Terms of Product Supply Agreement Incorporated

The provisions of the Product Supply Agreement regarding payment terms, privacy, confidentiality, governing law, assignment, waiver and GST will apply to this agreement as though incorporated and set out in full in these Carbon Offset Fuel Standard Terms and Conditions.


9. Notice 

9.1 All notices must be in writing and must be mailed or sent by  e-mail: 
(a) to Ampol, using the Contact Details in clause 11; and
(b) to the Customer, using the Customer’s contact details as nominated in the Opt In Form or as otherwise advised by the Customer in writing.

9.2 The notice will be deemed served when, if sent by mail, two business days after the date on which the notice was posted; and, if sent by e-mail, on the receipt of the e-mail by the recipient’s computer network.

9.3 The Customer must notify Ampol in writing of any change in the Customer’s contact details or other details within 2 days of any such change.

10. Definitions and Interpretation

Ampol means Ampol Australia Petroleum Pty Ltd (referred to as “Ampol”);

Ampol Carbon Offset Portal means the portal for customers to opt in to purchase Carbon Offset Fuel found at www.my.ampol.com.au.

Carbon Offset Fuel has the meaning given in clause 2.1.

Carbon Offset Rate means the rate the Customer elects to pay as selected in the Opt In Form.

Climate Active means the Australian government’s Climate Active initiative.

Climate Active Certification means certification in the Climate Active initiative, issued in accordance with the Climate Active Carbon Offset Standards administered by the Australian government.

Customer means the purchaser of Products from Ampol who elects to purchase Carbon Offset Fuel by submitting an Opt In Form.

Opt In Form means the form titled “Opt In Form” found on the Ampol Carbon Offset Portal which the Customer must complete to apply for the supply of Carbon Offset Fuel and which requires selection by the Customer of a Carbon Offset Rate and Offset Percentage.  

Offset Percentage means the percentage of Products the Customer elects to offset as selected in the Opt In Form. 

Product Supply Agreement means an agreement for supply of Products by Ampol to the Customer.

Products has the meaning given in clause 1.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active Certification, the Climate Active Carbon Offset Standard or similar standards or requirements) applicable from time to time in the State in which the Products are supplied.

Term means the term as set out in clause 3 of the Carbon Offset Fuel Standard Terms and Conditions.

Interpretation 

Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” is to read as if followed by “without limitation”.


11. Contact Details
The Customer may contact Ampol using these contact details: 
Customer Service Team: 1300 365 096 
myAmpol
www.my.ampol.com.au
Address: GPO Box 3998 Sydney NSW 2001 
E-mail: carbonoffset@ampol.com.au