NATURAL GAS BUSINESS CODE

Transcription

1 NATURAL GAS BUSINESS CODE 1Approved and modified Natural Gas Business Code 1

2 CONTENT 2 I. General provisions 4 I.1. Scope of the Business Code 5 I.2. Definitions 5 I.3. Services and activities fulfilled by CENTREX Hungaria Pte.Ltd.Co. 5 I.4. External relations of CENTREX Hungaria Pte.Ltd.Co 7 II. Activities of CENTREX Hungaria Pte.Ltd.Co 9 II.1. General safety regulations 9 II.1.1. Guarantees for the secure supply of the consumers, provisions ensuring the supply 9 II.1.2. Warranties for privacy policy 9 II.1.3. Environmental requirements and provisions determined the requirements 11 II.2. Quality requirements of the services 11 II.2.1. Quality requirements of the licensee activity 11 II.2.2. Quality requirements of the delivered gas 12 II.2.3. Procedure applicable regarding the control of gas quality 12 II.3. Method and detailed rules of the supply of consumer s demand 14 II.3.1. Rules of the information provided to the applicant 14 II.3.2. List of data and documents required from the applicant and the rules of submission 14 II.3.3. Procedures in case of changes in consumer s data 15 II.4. Conditions of contract 16 II.4.1. General conditions of the contract 16 II.4.2. Management of specific conditions 16 II.4.3. Rules to be applied in case of breakdowns, restrictions and suspension (28 ) 17 II.4.4. Requirements demanded from the contracted partner 17 II.4.5. Quantitative, settlement and financial provisions (41 ) 18 a) base, period and order of settlement, 18 b) calculating methods applied during measurement and settlement 20 c) rules of the financial settlement and management of consumer complaints 20 II.5. Breach of the contract 21 II.5.1. Type of the breach of contract 21 II.5.2. Sanctions and consequences 22 II.5.3. Restoration of the original status of the contract 22 II.5.4. Sanctions in case of late payment 23 II.6. Complaint management 23 2Approved and modified Natural Gas Business Code 2

3 III. Supplements 25 1 supplement Structure of CENTREX Hungaria Pte.Ltd.Co 26 2 supplement Contacts of the customer service 27 3 supplement Calculating methods, parameters applied during the settlement 28 4 supplement General content elements of natural gas supply contracts 29 5 supplement Procedures applicable in case of breach of contract and irregular reception 30 6 supplement List of social organizations 31 7 supplement Code of ethics 33 IV. Appendixes 35 1 appendix List of the provisions on gas supply 36 2 appendix List of regulation and standard regarding gas supply 38 3 appendix List of internal rules 39 3Approved and modified Natural Gas Business Code 3

4 I. General Provisions CENTREX Hungaria Energy & Gas Private Limited Company (further referred as: CENTREX Hungaria Pte.Ltd.Co) according to Act CXLIV of 1997 on Business Associations has the following business characteristics: - Name of the company: CENTREX Hungaria Pte.Ltd.Co - Seat of the company: 1123 Budapest, Alkotás út Address of the company: 1123 Budapest, Alkotás út Chief executive of the company: János Szitó - Registration number: Tax number: Bank account number: Telephone number: (+36) Fax number: (+36) CENTREX Hungaria Pte.Ltd.Co possesses the: - Natural gas trade licence No. 1/2005, and - Cross border capacity licence No. 2/2005 issued by the Hungarian Energy Office according to Act XLII of 2003 on natural gas supply (ACT ON NATURAL GAS SUPPLY) and Governmental Decree No. 111/2003 (VII. 29.) on the enforcement of Act on Natural Gas Supply (further referred as Vhr). Aim of the Business Code on Natural Gas Trade (further referred as: Code) is to provide sufficient and detailed information on regulations, obligatory to both parties, of the services fulfilled by CENTREX Hungaria Pte.Ltd.Co to eligible costumers, natural gas traders, public utility wholesaler and system operator (further referred as Buyer) who purchase natural gas from the Company. The Business Code of CENTREX Hungaria Pte.Ltd.Co includes the: general safety-, quality-, technical-, commercial-, quantity settlement- and paymentrelated rules of the services fulfilled by the company the conditions of the contract, the rules relevant to the breach of contract, and supply of the customer's demand, further list of internal rules (appendixes) regarding the trade and cross border transmission of natural gas. The specific conditions relevant exclusively to the parties are included in the natural gas supply contract, concluded between the Buyer and CENTREX Hungaria Pte.Ltd.Co. The Business Code and their amendments shall be approved by the Hungarian Energy Office. The approved Business Code is made accessible for the Buyers and for those concerned at the Costumer Service and on the webpage of CENTREX Hungaria Pte.Ltd.Co ( 4Approved and modified Natural Gas Business Code 4

5 I.1. Scope of Business Code The Code regulates the contractual relation between CENTREX Hungaria Pte.Ltd.Co and Buyers regarding natural gas trade and supply. The Code goes into effect after having approved by the Hungarian Energy Office and is valid to the period determined in the resolution of the Office. CENTREX Hungaria Pte.Ltd.Co modifies the Code in case of: adjustment to changes in legal provisions, resolution of the Hungarian Energy Office requires or changes in services or in consumer s demands require and submits it for approval to the Hungarian Energy Office. According to point (11) of 4 of Vhr the Business Code on natural gas trade of CENTREX Hungaria Pte.Ltd.Co approved by the Hungarian Energy Office is available to consumers and those concerned at 50 Alkotás str. Budapest and on the webpage of the Company. I.2. Definitions Definitions applied in present Code means the definitions determined in Act on Natural Gas Supply, Vhr. and legal provision issued based on Act on Natural Gas Supply, further in Grid and Commercial Code and the following definitions: 1. Telemonitoring equipment/system: cable or cordless telecommunication system, with which the data of the Buyer s gas meter, located in an optional centre, can be queried automatically in a given order and frequency. 2. Business secret: fact, information, data in connection with business activities of which disclosure may offend the other party s business, financial and market interests. I.3. Services and activities fulfilled by CENTREX Hungaria Pte.Ltd.Co CENTREX Hungaria Pte.Ltd.Co fulfils natural gas trade activity on the Hungarian natural gas market according to the natural gas trade and cross border capacity licences in order to achieve the business aims and objectives of the Owner. In the course of the activity the Company complies with the relevant legal provisions and regulations, and as a fair trader respects the written and unwritten rules of trade. Accordingly the Company sales and purchases natural gas based on the demand of the market participants and conveys their demands to the licensees operating the natural gas transmission-, storage- and distribution systems. The Company possesses long term gas sources. CENTREX Hungaria Pte.Ltd.Co and its employees possess sufficient experience on the field of gas trade and gas sale. 5Approved and modified Natural Gas Business Code 5

6 The structure of CENTREX Hungaria Pte.Ltd.Co is included in Supplement 1. The Company pursues its activities subject to licence according to the relevant legal provisions and to Act on Natural Gas Supply. CENTREX Hungaria Pte.Ltd.Co undertakes the following services to its partners: Purchase of sources/gas CENTREX Hungaria Pte.Ltd.Co purchases and Act on Natural Gas Supply the necessary natural gas transmitted to its partner. In order to achieve this, the Company has long term contracts ensuring the permanent natural gas supply to its partners based on their demands. All question and concern (qualitative and quantitative measurement of receptions, financial settlement, custom and tax-related cases, complaint management etc.) arisen regarding the import of natural gas is arranged by CENTREX Hungaria Pte.Ltd.Co according to the contract concluded with the Buyer. Sale of natural gas CENTREX Hungaria Pte.Ltd Co. sales natural gas based on contract according to the effective legal provision to the following possible consumers: - Natural gas traders, - Registered and eligible consumers up to the measure of their own consumption, - Public utility wholesalers, - System operators, up to the measure of their compensation natural gas supply. Relating services CENTREX Hungaria Pte.Ltd.Co provides comprehensive services relating to natural gas sale. - Act on Natural Gas Supply the required natural gas transmitted to the required delivery point according to the required schedule. Therefore, in the interest of natural gas supply of the Buyer the Company concludes capacity booking contracts with Natural gas transmission licensee, Natural gas storage licensee, in order to compensate the seasonal and short term gas consumption, further The competent natural gas distribution licensee, further System operator. - Arranges the financial settlement regarding natural gas: Performs or Act on Natural Gas Supply it performed the quantitative and qualitative measurements, Prepare or Act on Natural Gas Supply prepared the minute, Represents its partners in case of disputes with the system operators. CENTREX Hungaria Pte.Ltd.Co assists the daily operative natural gas supply, therefore based on the contract concluded with Buyers the Company: - Provides professional training for its partners (counselling, teaching) in order to fulfil the daily and weekly nominative tasks, - keeps ad hoc contact with metrological services, - Operates duty service if needed, - Provides data to its partner. CENTREX Hungaria Pte.Ltd.Co concludes odorising contracts with supplier to provide secure natural gas supply. 6Approved and modified Natural Gas Business Code 6

7 CENTREX Hungaria Pte.Ltd.Co provides data to the system operators (natural gas transmission and distribution) to prepare the order of restriction, and in case of breakdowns and crisis cooperates in restoring the normal natural gas supply. CENTREX Hungaria Pte.Ltd.Co provides professional counselling regarding: - possibilities of stepping out to the liberalized market, further - rationalization of natural gas consumption. CENTREX Hungaria Pte.Ltd.Co provides help to its partners based on contract in: - establishment of measuring unit and data transfer, - arranging questions regarding connection fee, - purchase the necessary system capacity, - development and establishment of alternative solutions to economize energy consumption. I.4. External relations of CENTREX Hungaria Pte.Ltd.Co a) CENTREX Hungaria Pte.Ltd.Co has relations with the following authorities: - Ministry of Economic and Transport, - Hungarian Energy Office, - Hungarian Customs and Finance Guard, - General Inspectorate for Consumer Protection, - National Office of Measures. b) Other external relations of CENTREX Hungaria Pte.Ltd.Co: - meteorological services, - gas trade licensees according to ACT ON NATURAL GAS SUPPLY, - social organizations of consumer protection, - eligible consumers. The nature of the relationship: the natural gas trade and cross border capacity licences of CENTREX Hungaria Pte.Ltd.Co were issued by the Hungarian Energy Office, the Office approves the Business Code of the Company, and fulfils controlling and supervising tasks in connection with the Company in a way determined in Act on Natural Gas Supply. CENTREX Hungaria Pte.Ltd.Co cooperates with the Hungarian Energy Office, consumer protection inspectorates and social organizations of natural gas consumers in order to ensure the consumer protection. Possesses cross border capacity licence to ensure the import and possible export of natural gas and has relations with foreign trade and custom authorities. Concludes capacity booking contracts with transmission-, storage- and distribution licensees. Has contractual relation with the system operator regarding system-level services. Has commercial relation with the Hungarian natural gas traders, public utility wholesalers, the system operator (up to the measure of the compensation gas supply), and eligible consumers and with foreign natural gas producer, seller and traders. The relation with meteorological services ensures the necessary prognosis to the efficient gas management. The National Office of Measure provides assistance to dissolve meteorological disputes. The social organizations ensure the protection of the interests of the consumers. 7Approved and modified Natural Gas Business Code 7

8 c) Data provided to the consumers by CENTREX Hungaria Pte.Ltd.Co - information required by Buyers in written, - allocated data received from system operators, - quality data (with no legal effect), - natural gas quality characteristics included in the minutes which are attached to the monthly settlement etc. 8Approved and modified Natural Gas Business Code 8

9 II. Activities of CENTREX Hungaria Pte.Ltd.Co II.1. General safety regulations II.1.1. Guarantees for the secure supply of consumers, provisions ensuring the supply The safety supply of the Buyers (consumers) is guaranteed by: guarantees determined in the long term gas purchase contracts of CENTREX Hungaria Pte.Ltd.Co and the professional and commercial references of the foreign suppliers and natural gas traders supplied the Company. Professional knowledge and experience of the employees of CENTREX Hungaria Pte.Ltd.Co Applied data communication and IT systems, software, Financial guarantee determined in (1) of 17 of Vhr. II.1.2. Warranties of privacy policy The efficient and secure data management includes collection, storage, processing, utilization, forwarding and disclosure of data. CENTREX Hungaria Pte.Ltd.Co in accordance with the Constitution of the Hungarian State complies with the legal provisions regarding the protection of personal data and fulfils the provisions regarding data protection. Managing business secrets and confidential data, CENTREX Hungaria Pte.Ltd.Co absolutely considers the provisions of Act LVII of 1996 on Prohibition of Unfair and Restrictive Market Practices with special regard to the prohibition of acquisition or making use of business secrets in an unfair manner or disclosing them in an unauthorized way to third parties or the public. The data communication and information system established according to the provisions of Grid and Commercial Code submitted to the Hungarian Energy Office during the authorization process, ensures the data protection and confidential and correct management of Buyer s data. The confidential management of data is included and agreed by the Parties in the natural gas trade contract. Information and data regarding natural gas trade activity which CENTREX Hungaria Pte.Ltd.Co became aware of are managed confidentially and according to the effective provisions (Act LXIII of 1992). In case of the supervision of data commutation the subsection 10.5 of Grid and Commercial Code shall prevail and the Company proceeds according to the above mentioned provision during its data protection activity. The prior obligation of CENTREX Hungaria Pte.Ltd.Co for the effective operation of the system of warranties is to determine the data categories. Essential task of the Company is to determine the type of the received data, which can be the followings: Personal data, State secret, business secret, confidential data, data of public interest, other public data. 9Approved and modified Natural Gas Business Code 9

10 The warranties of certain data categories are the followings: compliance with legal provisions, provide legal protection through internal rules, ensure the efficient technical and IT requirements of data storage. CENTREX Hungaria Pte.Ltd.Co does its best in order to avoid unauthorized access, changes, disclosure without the consent of the person, deletion, damage and elimination of the personal data of the Buyer. Data of the Buyer is required on two fields regarding natural gas supply for: concluding the natural gas trade contracts between the Buyer and CENTREX Hungaria Pte.Ltd.Co. ensuring the natural gas supply, completion of the contract: - scheduling of natural gas trade, - booking and ensuring capacity of transmission, storage, distribution systems - daily settlement, - monthly reading of gas meter and preparing minutes - invoicing, collection of debts, - cooperation with and data supply to the gas trade licensees and authorities. In accordance with the data protection law the personal data of Buyer are the followings: Data of the contract according to point II.3.2. of the Code. Settlement and measurement data according to the II.4.5. of the Code. Data relating to the payment of fee and debts. Data relating to transmission, storage and distribution satisfying the Buyer s demand at the integrated natural gas system Data necessary for the completion of trade contracts. Data shall be preserved and to be preserved under the validity period of the commercial contract and after that until it become forfeited (this period is determined by Civil Code.) The personal data of the Buyer in the necessary extent - can be forwarded to: Customer service, Persons who fulfil as the employee of CENTREX Hungaria Pte.Ltd.Co or within contractual retainer agreement - of the reading of gas meter, invoicing and collection of debts, Legal representative (according to retainer agreement) of CENTREX Hungaria Pte.Ltd.Co to arrange disputes regarding measurement, invoicing and settlement, to mandatory expert and organizations determined by legal provisions, Hungarian Energy Office in case of data CENTREX Hungaria Pte.Ltd.Co is obliged to forward according to the provisions of Act on Natural Gas Supply, Vhr, Grid and Commercial Code and effective state resolutions Other gas trade licensees in favour of the transmission, distribution and storage of the gas of the Buyer through the integrated natural gas system. Third party obliged to privacy in order to be able to collect debt, to enforce claim in case the Buyer does not fulfil its liabilities. CENTREX Hungaria Pte.Ltd.Co is liable for the contractual and cooperative partners to comply with the data protection liabilities. 10Approved and modified Natural Gas Business Code 10

11 Information on data: According to the data protection law the Buyer is entitled to: ask information on management of the data, inspect the data, ask for the correction of data. CENTREX Hungaria Pte.Ltd.Co ensures: the information required by the Buyer within 10 days - from the receipt of the inquiry - in written inspection of personal data by the Buyer. The warranty for the protection of the personal data of the Buyer regarding data protection is the technological-informatical system of CENTREX Hungaria Pte.Ltd.Co. A warranty of the data protection is that the gas trade and financial data are published consolidated in the reports determined by legal provision - issued by CENTREX Hungaria Pte.Ltd.Co, thus data of a single consumer is unidentifiable. II.1.3. Environmental requirements and provisions determined the requirements The quality insurance and environment operating systems operated by the transmission, distribution and storage companies guarantee the compliance with the environmental regulations. The necessary steps to prevent possible breakdowns are taken by the natural gas transmission, storage and distribution licensees. The system operators provide permanent breakdown prevention services which the duty service operates if needed - of CENTREX Hungaria Pte.Ltd.Co is in contact with. In order to keep the balance of the system CENTREX Hungaria Pte.Ltd.Co takes the necessary steps and cooperates in accordance with the Action Plan for breakdowns and crisis if the operational status of the integrated natural gas system requires reducing the level of the consumption or its suspension, and later its reset. II.2. Quality requirements of the services II.2.1. Quality requirements of the licensee activity Quality requirements of the gas trade activity of CENTREX Hungaria Pte.Ltd.Co: comprehensive gas supply and secure supply. The comprehensive gas supply means that no questions and problems regarding natural gas transmission or distribution or storage capacity booking originating from seasonal consumption is incumbent on the Buyer, further CENTREX Hungaria Pte.Ltd.Co undertakes a significant role to optimize the gas management of the Buyer. Therefore CENTREX Hungaria Pte.Ltd.Co represents the Buyer at natural gas transmission-, distribution-, and storage and system operator licensees, fulfil the long and short term, the annual and seasonal gas management tasks, while provides counselling services regarding the daily and weekly management tasks. In order to ensure the above the Company is in permanent contact with the Buyer. 11Approved and modified Natural Gas Business Code 11

12 The satisfaction of the Buyer on the liberalized market can be indicated unambiguously by the loyalty of the Buyer to its freely chosen natural gas trader. If the number of eligible consumers supplied by the given natural gas trader and the quantity of the sold gas increase, it means that the consumers are satisfied with the provided service. CENTREX Hungaria Pte.Ltd.Co guarantees the following services to the eligible consumers stepping out to the liberalized market and to other commercial clients: a) written answer within at the latest in 30 days to all received written inquiry, offer, bid and claims; b) written answer within 30 days to the inquires received from its partners regarding business activities and services; c) investigation and management of the complaints regarding services and business activity in accordance with point II.6.; d) in case of complaints regarding invoicing, supervises the invoice and send a written answer within 5 days; e) operates duty service in case of breakdowns, crisis or under other special circumstances and takes the necessary steps according to the Action plan for breakdown and crisis. II.2.2. Quality requirements of the delivered gas The quality requirements of the sold gas are determined by the standard No. 1648:2000 issued by MSZ and by trade contracts. The quality controlling equipments and systems determined by Grid and Commercial Code guarantees that the sold gas is in compliance with the quality requirements. CENTREX Hungaria Pte.Ltd.Co sales natural gas with calorific value of 34 MJ/m 3 ±5% and belonging to 2/H gas category. Other parameters of the sold gas are in compliance with the standard No. MSZ 1648:2000 as well. II.2.3. Procedures applicable regarding the control of gas quality CENTREX Hungaria Pte.Ltd.Co is responsible for maintaining the quality determined in contract of natural gas fed into the integrated natural gas system in order to supply the Buyer. The natural gas transmission, storage and distribution system operators are responsible to preserve the quality of the natural gas fed to their system and to hand over the gas with the quality determined in the contract at the delivery points. System operators are obliged to fulfil test measuring, examination and data collection activities in favour of the control of gas quality during the technological procedures of integrated natural gas system on the places determined in Grid and Commercial Code and business Code of the system operators according to the determined methods and with authentic meters. The quality measurement and calculation shall be carried out only according to the relevant MSZ ISO standards. In order to ensure that the quality of the gas provided to the Buyer agrees with the data measured authentically at the place of the measurement, the procedures applicable to ensure the gas quality is determined by CENTREX Hungaria Pte.Ltd.Co in the natural gas trade contract 12Approved and modified Natural Gas Business Code 12

13 considering the number of measuring points and location. This particularly means that the place of the gaskromatograf of a certain delivery point should be determined considering the different directions of gas sale. The frequency of the measurement is determined by MSZ ISO standard. The quantitative characteristics of natural gas (calorific value, pressure, density, temperature etc.) are measured by automatic quality control system mounted in the system of the natural gas transmission licensee, which is the base of settlement. The examination of the meters checked with used etalon is fulfilled by the National Office of Measurement (further referred as OMH). The quality characteristics of natural gas are indicated in the minute handed over to the Buyer attached to the monthly settlement. Permitted divergence of quality data with legal effect shall be max. ±1% correlated to the test measurement pursued by OMH or other accredited organization having examination licence. Data with no legal effect is reported to the contractual party by CENTREX Hungaria Pte.Ltd.Co on monthly bases, but is only responsible for data agrees with the range determined in the MSZ EN 45014:1990 standard. The complaints in connection with quality data regarding the settlement or measuring period shall be submitted in written. CENTREX Hungaria Pte.Ltd.Co investigates the complaint within the shortest time and in case it is well-grounded, takes the necessary steps to correct it. If the contractual party finds a default in the measurement exceeding the ±1%, a quantitativequalitative correction is needed. The extent of the correction shall be determined regarding 0 % default divergence. The complaint regarding the quality of natural gas (calorific) as a base for the settlement is wellgrounded in case: it relates the settlement period 24 hours before the minutes were taken or the quality default was reported by the contractual party within 24 hours but it was not corrected until the first minute was taken. In all other cases the complaint regards as unreasonable without any investigation. In case the contractual party possesses sample from the gas in question, the parties try to achieve an agreement on its examination. Without mutual consent the gas shall be examined by OMH. In case the contractual party does not possess sample and the qualitative complaint is unacceptable, CENTREX Hungaria Pte.Ltd.Co certifies the quality of the gas based on the available documents regarding the period in question. In case of an unsuccessful negotiation the parties try to achieve an agreement with the help of experts and OMH. If the quality characteristics of the natural gas do not comply with the limit value determined in the standard or in the contract (gas out of specification) CENTREX Hungaria Pte.Ltd.Co is obliged to inform the Buyer about the expected or already occurred extent of the divergence from the specification within the shortest period. After the party is informed or after the quality of gas is changed the contractual party is entitled to claim the suspension of gas delivery without breaching the contract, assuming that the extent of the divergence exceeds the extent permitted in the contract. In case the changes in gas quality occurred due to reasons beyond CENTREX Hungaria Pte.Ltd.Co the completion is according to the contract, though the contractual party entitled to refuse the reception of the gas without breaching the contract. 13Approved and modified Natural Gas Business Code 13

14 II.3. Method and detailed rules of the supply of consumer s demand II.3.1. Rules of providing information to the applicant The claims and demands of the Buyers are very different. CENTREX Hungaria Pte.Ltd.Co investigates the possible solutions to supply the Buyer and its conditions based on the information determined in point II.3.2. and after possible data specification and completion provides suggestions to the Buyer regarding: the starting date of natural gas supply considering the seasonal consumption of the Buyer, the necessary extent of stored gas and the possible way of storing, the possible ways and chances of acquiring the required system capacities etc, services to be provided to the Buyer, initial gas price depending on the starting date and on the delivery point, changes in algorithm of natural gas due to time and other conditions, type and extent of the necessary financial guarantees. CENTREX Hungaria Pte.Ltd.Co answers to the claims in written without delay, but within no more than 30 days based on the information possessed - and in case the information are sufficient, send a contractual offer to the Buyer, otherwise determines the conditions of contracting and asks the Buyer to provide the Company with the missing and necessary information. The date when the trade contract is concluded depends on the Buyer s answer to the offer of CENTREX Hungaria Pte.Ltd.Co, time and content of further negotiations, and in case of new client on the monitoring of the information. CENTREX Hungaria Pte.Ltd.Co undertakes to conclude natural gas trade contract with the consumer, thus its obligation of offer is excluded. II.3.2. List of data and documents required from the applicant and the rules of submission a) The following information is required by CENTREX Hungaria Pte.Ltd.Co to become acquainted with the demands of Buyer, in case of new demands: - data of the applicant (name, address, title of usage, representative of the company, registration number, statistical number or number of private entrepreneur's license), - data of the consumption site/ feed point (address, purpose, title of usage) - purpose of the claim, - requested extent of output capacity/hour at the consumption site, the data of output capacity to be fed, expected annual consumption/feeding broken down in monthly figures - certification of consumer s demand according to the Grid and Commercial Code, - data of the contract regarding the connection to the system, - arbitrary pricing, preferred payment conditions, - method of financial settlement, - name of the bank, bank account number (in case of money transfer), - required starting date of the use of the demanded output capacity, - content of consumer s data supply, frequency of submission, - planned period of the demand of the Buyer The demand is satisfied in a specific way by CENTREX Hungaria Pte.Ltd.Co and the Buyer. 14Approved and modified Natural Gas Business Code 14

15 b) CENTREX Hungaria Pte.Ltd.Co requires the following data regarding the contract to be concluded with the Buyer in written and with the signature of the persons entitled to represent the Buyer: name, seat, bank account number, statistical number, registration number, tax number of the parties, starting date of gas sale, expiration of the contract concluded for determined period of time, place of consumption, rules of handling transmission, storage and distribution capacities originated from the Buyer s previous gas supply contract, limit of endurance of the booked capacities, interrupted consumption and rules of its utilisation, measure, duration, frequency, annual extent of interrupted gas capacity, minimum duration between two interruption and the required fee of interruption, the quantitative, qualitative data and pressure of natural gas at the delivery point, the quantity of the required natural gas per year broken down in monthly figures, medium and long term natural gas demand, max. daily natural gas demand (m 3 /day), max. top demand per hour (m 3 /hour), minimum extent of the utilization of gas capacity within a year, consumption profile [daily consumption of the previous year(s), annual period diagram, typical daily purchase per hour] II.3.3. Procedures in case of changes in consumer s data All changes in data and information of the Buyer in included in trade contract regard as modification of the contract, therefore a contract modification shall be initiated by the Buyer which should be concluded by the time of the occurrence of the change. Parts of the contract of which modification depend not only on the will of parties could be modified only in case every conditions of the modification are completed (e.g. change in the required quantity of booked capacity within a gas year). Modification of the data of the Buyer included in the Registrar should be initiated with the submission of the company extract no older than 30 days to CENTREX Hungaria Pte.Ltd.Co 15Approved and modified Natural Gas Business Code 15

16 II.4. Conditions of contract The new demand for purchase, capacity required above the extent determined in the natural gas sale contract and the data of applicant shall be submitted in written. The applicant shall comply with the requirements determined in point II.4.4. of present Code. II.4.1. General provisions Gas sale shall be fulfilled to the Buyer only based on a written contract. The natural gas sale contract becomes valid with the signature of Parties. The contract is prepared according to the provisions of Civil Code and the changes in the provisions of Civil Code must be adjusted to the contract. a) Types of the contracts concluded with the Buyer: Long-term natural gas trade contract: - for determined period: - Expires in a given date, - Contract with a given period extended in every six month or annually - for undetermined period. Short-term natural gas trade contracts valid for a year or less than a year: - Independent short term contracts valid for a year of less determining the conditions for the whole term of the contract. - Updating annual contracts determining the annual conditions of long-term contracts as an appendix of it. b) General provisions: Buyer or CENTREX Hungaria Pte.Ltd.Co shall provide natural gas transmission, distribution and storage capacities to ensure the gas supply, Buyer possesses the administrative licences if needed necessary for the utilisation of natural gas, Buyer undertakes to pay the connection fee determined in the Act on Natural Gas Supply in case of the increase in natural gas demand or of a new demand regarding connection to the system, Possession of the meter with sufficient power controlled by the Act on Measuring and appropriate to be connected to the telemonitoring equipment, The settlement meter shall be connected to the telemonitoring equipment ensuring the on-line transfer of the measured data Sufficient and permanent contact between the buyer and CENTREX Hungaria Pte.Ltd.Co II.4.2. Management of specific conditions Parties has the right to conclude the contract with conditions divergent from the conditions set in present Regulation, but in questions not determined in the natural gas trade contract provisions of present Code shall prevail. 16Approved and modified Natural Gas Business Code 16

17 II.4.3. Rules to be applied in case of breakdowns, restrictions and suspension CENTREX Hungaria Pte.Ltd.Co initiates the classification of the Buyer to the restriction category determined in point h) of section (1) of 30 of Vhr based on the data supply of the Buyer to the concerned natural gas transmission or distribution licensee. The natural gas trade contract concluded between the parties shall include the restriction categories determined in the national restriction order prepared by the system operator and approved by the Hungarian Energy Office. The necessary steps taken in case of breakdown and restriction are determined by Vhr, Grid and Commercial Code and Crisis Plan. The transmission-, storage- and distribution licensee may restrict the transmission, storage and distribution within the smallest necessary circle of customers and in the shortest possible time, furthermore, in the absence of another reasonable technical solution it may suspend them in the case of the maintenance, transformation, renewal, development, replacement of the system and in case of the connection of a new customer. In case of a scheduled maintenance of the natural gas transmission and distribution system coordinated by the system operator the suspension cannot exceed the period determined in the Code and approved by the Hungarian Energy Office. The starting date and the foreseeable duration of the suspension, as well as the required safety measures should be communicated to the Buyer by the concerned system operator 15 days earlier in case of a scheduled preventive maintenance at least three months earlier. In case the Buyer requires other procedure due to technological and other type of reasons parties shall prescribe an obligation of preliminary reconciliation in the capacity booking or natural gas trade contract. According to the agreement concluded between CENTREX Hungaria Pte.Ltd.Co and the system operator the Company provides information in order to schedule the annual maintenance work of the transmission, storage and distribution systems. Therefore the Company asks information on maintenance works planned by the Buyers so as the system maintenance works should be carried out at the same time. Further the Company requires the Buyer to determine the period during which the gas supply suspension is unacceptable. The above demands possibly - are considered and included in the annual scheduling of CENTREX Hungaria Pte.Ltd.Co. In case of suspension in natural gas supply resulted from other causes than the failure of consumer system or in case of breakdown resulted in the decline of gas purchase should be immediately reported to CENTREX Hungaria Pte.Ltd.Co by the Buyer in order to take the necessary steps, with special regard to its extent and foreseeable duration. II.4.4. Requirements demanded from the contracted partner The prior requirements demanded from the partner are the financial stability, reliable short and long term prognosis regarding purchases. A CENTREX Hungaria Pte.Ltd.Co, as the other participant of the gas market, concludes natural gas purchase contracts encumbered with penalty, thus reserves the right to investigate its 17Approved and modified Natural Gas Business Code 17

18 partners financial stability and regarding long term partnership. The Company makes an offer considering the above in which a financial guarantee (prepayment, bank guarantee, letter of credit, bail etc.) should be specified. The following requirements are demanded by the Buyer: Possesses the licence issued by the Hungarian Energy Office and bank guarantee. In case the Party is not a licensee the requirements are as follows: Company extract not older than 30 days, original or authentic copy of specimen signatures of the authorized persons. Statement that the Buyer is no under bankruptcy, liquidation procedure or final settlement. Authentic copy of the Deed of Foundation Plans on natural gas demand to be required by the Buyer supporting the demand.. Annual report of the previous business year. Statement that the Buyer complies with the provisions of Grid and Commercial Code. Certification prepared by the Buyer s bank that the Buyer has no on-going liabilities Provide bank guarantee or other financial warranty. Parties are obliged to comply with the provisions on data protection with special regard to business secret. II.4.5. Quantitative, settlement and financial provisions a) Base, period and order of settlement Measuring units: Measurement and evaluation of the quality and quantity of the delivered gas is carried out by equipments and methods tested by National Office of Measure with used etalon (further referred as OMH) according to the Act on measures and valid standards (further referred as authentication/standardization). The quantity of delivered gas is determined according to the above technological provisions and standards and in m3 under normal gas technical circumstances (15 o C and kpa) indicated in standard No. MSZ Authenticity of measure units: The measure unit used for the settlement - every part of the meter (measure section and equipments) and the whole measure system (fully tested) - complies with the relevant standards, type examination and special examination certificate and with the provisions of OMH. In case of the breakdown of the meter, or if it fails to measure and no substitute meter is available, the settlement of the period in question is completed based on the agreement concluded between the Buyer and CENTREX Hungaria Pte.Ltd.Co. 18Approved and modified Natural Gas Business Code 18

19 Test of the measurement Buyer and CENTREX Hungaria Pte.Ltd.Co have the right to test the measure unit with prior notice at any time. The extraordinary test of the measure unit should be initiated in written signed by authorized persons. If during the extraordinary test, the default of the meter s unit does not exceed the extent permitted in the examination certificate, the charges of the test should be paid by the party who requires the test. Parties have the right to inspect the documents regarding the measure unit and of the quantitative and qualitative characteristics which are the base of settlement and to request copies of them. Place of measure The location of the gas meter used for measuring the gas consumption determined in contract. Base of settlement Base of the settlement is the quantity measured at the measure system (consumer, distribution or transmission) depending on the fact whether the Buyer is an eligible consumer, natural gas trader, public utility wholesaler or system operator. The measures which are the base of the service according to the above are carried out by the distribution or transmission licensee in accordance with their Code or possibly by the Buyer. The compounds and the calorific value of the natural gas are determined according to the Code of the natural gas transmission licensee and considering the relevant standards. The quantity of natural gas to be settled is determined according to the method set in the contract. Reading of meter and taking minute (the period and order of settlement) The period of settlement without other specific agreement is one month. Reading of the meter is carried out by reading on the site or by telereading through telemechanical system (according to the contract). During the reading of the meter the closing value of the meter should be read before the minicomputer of the measuring unit overwrite it. This value is the base of the settlement. The regular monthly reading of the meter is due on the first two working days of the month of which exact date is agreed by the parties. Parties have the right to agree reading the meter more than once in a month. Parties have the right to request extra reading with prior written notice. Reading of the meter is minuted. The minute shall include at least the followings: - Data of the meter - Date and method of the reading (telereading, reading on the site), - Operational and correction characteristics of the meter, - Average calorific value of the reading period, - Quantities separated to price categories, - Legible name and signature of the persons carried out the reading. The persons entitled to read the meter and sing the minute is empowered by the Buyer in written. One copy of the authorization shall be sent priory to CENTREX Hungaria Pte.Ltd.Co. CENTREX Hungaria Pte.Ltd.Co has the right to entitle in written - a person or an organization to read the meter instead of the Company. The Buyer is notified priory in written on the authorized person or organization by CENTREX Hungaria Pte.Ltd.Co. 19Approved and modified Natural Gas Business Code 19

20 In case the reading is not carried out, the settlement period automatically elongated with the period of the original settlement period. In case the minute is not signed by the Buyer for any reason, mandatory of CENTREX Hungaria Pte.Ltd.Co shall include it in the minute. Representative of the Buyer has the right to raise a complaint regarding the read quantity or the operational parameters in the minute. CENTREX Hungaria Pte. Ltd. takes the necessary steps to investigate the complaint within 3 working days. The disputed data is investigated within 8 days and the decision of the parties based on the results. The period to be corrected is the period during which the false measure was carried out. If this period cannot be determined, the correction can be carried out with retroactive effect to a measure from the examination - during which the Buyer does not report a concern or complaint. Even in case of a complaint, Buyer has no right to withhold the value of the temporary invoice. In case the parties achieved an agreement regarding the disputed data, CENTREX Hungaria Pte.Ltd.Co issues a corrected invoice which is the final settlement to Act on Natural Gas Supply with the temporary invoice. In case the money of the parties are used without right by either party due to complaint regarding the false measure the unauthorized party is obliged to pay maximum late interest determined by the Civil Code valid on the day of payment or on the day of issuing the interest invoice up to the day of payment or imputation. b) Detailed calculation applied during the measurement and settlement In case the meter does not have corrector Supplement 3 shall prevail. c) Procedures applicable regarding invoicing and management of complaints Invoicing Invoice is issued with content and in form determined by the effective provisions on accounting and tax. The invoice includes the taxes, allowances and other payment obligations regarding natural gas sale separately according to the provisions effective on the day of issuing. The system usage fee is paid by CENTREX Hungaria Pte.Ltd.Co to the natural gas transmission-, storage-, and distribution licensee in case the natural gas shall be transmitted to the delivery point. The conditions of invoicing are agreed by the Parties. Suggestions of CENTREX Hungaria Pte.Ltd.Co regarding invoicing are the followings: An advance invoice is issued by CENTREX Hungaria Pte.Ltd.Co on the 50 % of the contracted natural gas for the tar Act on Natural Gas Supply period till 11 of the tar Act on Natural Gas Supply month. Term of payment of the advance invoice is 15 of the tar Act on Natural Gas Supply month. The final invoice of the tar Act on Natural Gas Supply month is sent to the Buyer till 11 after the tar Act on Natural Gas Supply month. The term of payment is 18. after the Act on Natural Gas Supply month.. In case the quantitative and qualitative settlement is subsequently modified by the system operator due to the justified complaint of the Buyer or CENTREX Hungaria 20Approved and modified Natural Gas Business Code 20

21 Pte.Ltd.Co - acting on behalf of the Buyer a correction invoice should be issued as well. Invoice complaint In case of a complaint regarding measure - included in the minute - instead of the final invoice a temporary invoice is issued by CENTREX Hungaria Pte.Ltd.Co within 8 days after having taken the minute. The temporary invoice is issued on the 50 % of the contracted natural gas for the tar Act on Natural Gas Supply month. The term of payment of the temporary invoice is the 8. (eight) bank day from the day of issuing. In case the Buyer has a complaint regarding the invoice, it is arranged within 3 working days. If the complaint is justified than a corrected invoice is issued by CENTREX Hungaria Pte.Ltd.Co within 3 days from the arrangement. The term of payment of the corrected invoice is the 8. bank day from the day of the issuing. II.5. Breach of the contract II.5.1. Type of breaching the contract In case the contractual parties do not fulfil their obligations undertaken in the contract, they are obliged to pay the penalty determined in the natural gas trade contract. In cases not regulated by the contract the provisions of Civil Code shall prevail. a) CENTREX Hungaria Pte.Ltd.Co breaches the contract if: Gas supply is not provided from the starting date of the contract, delivers gas with qualitative failure, suspenses or restricts the delivery of the gas capacity - cannot be interrupted - without any reason a gas quantity less than the determined in the contract is delivered to the Buyer. b) The Buyer breaches the contract if: does not fulfil its payment obligation, receives gas quantity below the minimum extent and above the maximum extent determined in the contract without the prior approval of CENTREX Hungaria Pte.Ltd.Co, the gas supply is not carried out due to insufficient technical and safety condition of the consumer s device, manipulates the operation of the gas meter in any way, detains the reading, checking and change of the gas meter, forward the gas to other consumer without permission, breaks the restriction rules. c) Serious breach of contract: if the party fails to inform the other party that a decree on bankruptcy, liquidation procedure or final settlement is issued by the Court within two days from it went effect, if the party fails to pay the invoice, except the parties conclude an agreement regarding late payment, disclosure of business secret. 21Approved and modified Natural Gas Business Code 21

22 II.5.2. Sanctions and consequences Sanctions encumbered to CENTREX Hungaria Pte.Ltd.Co: repayment of gas fee (in case the Buyer pay more) penalty (in cases determined in the contract) damage/compensation (according to the Civil Code ) extraordinary termination of the natural gas trade contract (in case of serious break of the contract) Sanctions encumbered to the Buyer: penalty (in cases determined in the contract), payment of financial warranties determined in the contract (bank guarantee etc.), compensation (according to Civil Code ) justified refusal of gas supply (in cases determined by II.5.1 of present Resolution), extraordinary termination of the natural gas trade contract (in case of serious break of the contract) The detailed rules of the certain consequences are included in the natural gas trade contract concluded between the parties. II.5.3. Restoration of the original status of contract a) Neither of the parties are responsible and it does not regard as breach of contract if the suspension of the service is due to: Vis major, but the payment obligation of the parties are not affected by Vis major Breakdown Reasons which are beyond both parties in connection with the handover of the service. In that case only the obligation of execution is ceased for the period during which the impossibility of performance occurred. Restriction of consumers carried out by the system operators. Modified gas delivery due to maintenance agreed by the parties. b) Temporary refusal of execution: In case the conditions of handing over are dissolved due to extraordinary events occurred out of the Buyer s field of activity, Buyer has the right to fully or partly refuse the handing over of the service - without prior approval of CENTREX Hungaria Pte.Ltd.Co - until the conditions are restored. The Buyer s obligation is to justify that the extraordinary event occurred out of its field of activity. CENTREX Hungaria Pte.Ltd.Co has the right to fully or partly refuse the execution in case the Buyer fails to pay. In the above case CENTREX Hungaria Pte.Ltd.Co takes the necessary steps as follows: - Send a payment notice to the Buyer in case of a 3 days late payment 22Approved and modified Natural Gas Business Code 22