1 Terms & Conditions For Electricity Supply your energy solution Introduction 1 Our contract with you In these terms and conditions, we or us is used to mean Prime Energy Limited, and you is used to mean you, our customer. Our contract with you includes these terms and conditions and is also subject to all statutes and regulations relating to electricity supply and line services. Where we (or a related company) owns the building you are a tenant in, if you decide to purchase electricity from someone else, your contract with us will continue for the line services in the building. 2 Your contract may be changed by us We may change these terms and conditions (including the prices) at any time. Before we make any change we will give you at least 1 months notice. This notice may be by letter to you, or through a newsletter, or on your bill. If you don t get notice of the change, your contract will still change. Before any significant change to these terms and conditions, or before they are replaced, we will give you, in a newsletter or in some other way, the proposed changes, or replacement terms and conditions, for your comment. We will also give you a time within which you may make comments and suggestions. All comments and suggestions received by us will be considered before the changes, or the replacement terms and conditions, are adopted. 3 New customers Our contract with you will start from the time when you first receive electricity or any other service which you have requested from us or for which you are responsible. This usually applies from a previous customer s final reading. 4 Bonds/other payment securities As part of our customer acceptance process we will require you to pay a bond and/or undergo a satifactory credit check. The bond amount will be no more than our assessment of our charges for supplying you with electricity and network services for 2 months. We will hold the bond in a separate bond account and use it towards payment of any unpaid fees, charges or final invoice amount. Any balance owing shall be paid and we will account to you for any credit balance. 5 Your responsibilities You agree: To pay our accounts on time, by the due date of the month following supply. To give us correct information. To notify us if you are planning any significant increase in your use of electricity. Not to tamper or interfere with any of our meters, lines or equipment, and not to allow anyone else to do so on your premises or property. To use electricity safely. Never to interfere with anyone else s electricity supply. Never to let electricity supplied to your premises or property be used at any other address. To allow our meter readers (who will carry proof of identity which you may ask to see) to enter your premises or property, at least three times during the year, to read the meter, at any time during normal working hours or at any other time arranged. To allow our service people (who will carry proof of identity which you may ask to see) to enter your premises or property to inspect, repair, install, replace, test or remove, any lines or equipment, at any time arranged for such purpose (or if there is an emergency as soon as the relevant people can be there). 6 Our responsibilities We agree: To supply you with your electricity requirements in accordance with this contract. To supply you with a safe, reliable, and good quality service (but with no guarantee of an uninterrupted supply). To repair any faults for which we may be responsible, as quickly as possible. To help you resolve any questions or complaints which you may have, about your account with us, or about our service, as quickly as possible. To comply at all times with the Electricity Act 1992 (the Act). 1
2 2 7 No guarantee of uninterrupted supply We do not promise uninterrupted electricity supply. However, if your electricity supply is interrupted, we will do our best to restore supply as quickly as possible. 8 Ownership and responsibility You own and are responsible for the electricity you use from the point of supply. (A point of supply is any point at which the lines, fittings, and equipment at your premises connect to a circuit breaker, switch, fuse, or other isolating device on the network). Ownership of electricity meters and metering equipment remains at all times with us or the owner of your building (as the case may be) unless otherwise agreed. 9 Prices and charging, and payment Our prices are reviewed quarterly and you will be notified in advance of any pricing increase. If you are a new customer, or have moved to new premises, your first invoice will be based on an actual meter reading, if required. Our invoice for charges based on a meter reading or assessed under clause. You may pay by direct debit, automatic payment, telephone transfer from your bank or by cheque. Any prompt payment discount offered to you by us will be shown on the invoice. If we do not receive the discounted amount shown on the invoice by the discount expiry date (as also shown on the invoice), you will have to pay the full amount shown. If any amount owed by you for electricity or line services is not paid by the due date, you should contact us immediately to make a suitable payment arrangement. Otherwise, the amount will be treated as being overdue, and we may send you a disconnection notice which will give you at least 7 days to make payment. If payment is not received in that time your electricity supply may then be disconnected. We prefer to have a satisfactory payment arrangement rather than having to disconnect your electricity supply for non-payment. Where your electricity supply is disconnected for non-payment, we may charge a disconnection fee and, if supply is later reconnected, a reconnection fee. You will pay on demand any collection or legal fees incurred by us in relation to charges which are due from you, and any of our costs in relation to dishonoured payments of charges. 10 Assessments of electricity usage We may assess the electricity supplied to you and charge you for electricity and line services on this basis for up to 3 months in a row (or longer if we are unable to read the meter at your premises). When this is done the invoice will be marked Interim Account. In making an interim charge, we may take into account your use of electricity over similar periods, making adjustments as appropriate. When you receive an interim invoice, you may still pay for the exact amount of electricity you have used. To do this you must read the meter at your premises and advise us of the reading. We will then send you a new invoice (unless we believe that your reading is not correct). 11 Metering and lines We are responsible for installing and maintaining metering equipment for each point of supply at your premises, unless there is an arrangement for another electricity retailer or the building owner to do so. If this is the case, we may install and maintain check metering. Where there is more than one meter for any point of supply, we will make arrangements with the other meter owner as to which of the meters is the primary meter. We will try to read the meter at your premises at least once every 3 months. We will only attend your premises to read the meter during normal business hours, unless you make other arrangements (for which a fee may be charged). If we cannot get entry to your premises or property for any reason, we may assess the electricity supplied to you and charge an interim account on this basis. The costs of making this interim account will be charged to you. 12 Meter accuracy We will check your meter for you if you wish. There will be no charge if the meter is found to be inaccurate. If the meter is found to be accurate, then a meter test fee may be charged. Where the meter is found to be inaccurate, and you have been overcharged for electricity, we will credit your account with us with the amount of any overpayment on the next invoice (unless you request a refund by cheque). If you have been undercharged, we may add the amount of the underpayment to your next invoice unless, in our view, you could not have been expected to notice the inaccuracy or we accept that it would be unfair to recover the underpayment. 13 Tampering with meter, lines or equipment If we find or suspect tampering with a meter or lines or equipment at your premises, we may disconnect your electricity supply unless you can show to our reasonable satisfaction that you did not know about the tampering, and no-one you are responsible for knew or was involved. If your electricity supply has been disconnected because of tampering or suspected tampering, and we decide to reconnect the supply, we may charge a reconnection fee along with any costs of repairing replacing the meter, or the lines or equipment. We may also charge you for electricity, which we believe you should have paid for, if the meter, or the lines and equipment, was not tampered with.
3 3 repairing replacing the meter, or the lines or equipment. We may also charge you for electricity, which we believe you should have paid for, if the meter, or the lines and equipment, was not tampered with. 14 Our lines and equipment We, or your building owner, are responsible for installing and maintaining lines and equipment necessary to bring electricity to any point of supply for your premises. You are responsible for maintaining, in safe condition and operation, all lines, fittings and equipment (other than any owned by us) on your side of any point of supply for your premises. 15 Electrical safety Before we connect any new installation, or one that has been switched off for more than 6 months, we need to see the certificate of compliance. This is issued under the Electricity Regulations1993 to make sure the installation in safe. If you do not have the certificate of compliance, we can arrange the inspection and certification for you. We charge a fee for this service. If we think any lines, fittings, equipment, installation, or appliance at your premises, or your property, may be unsafe, or may not comply with any legal requirement we may disconnect your electricity supply. Before disconnecting your supply we will give you as much notice as is practical. Following any such disconnection, we will not resume electricity supply until you have taken all steps which we consider necessary to make the lines, fittings, equipment, installation, or appliance safe, and so that there is compliance with our requirements and with any enactment. 16 Interruption of supply Your electricity supply may be interrupted: Where electricity supply to the building is interrupted. For any reason beyond our control. For safety reasons, or to protect the network or any system we use to obtain electricity, or because of an action taken in the national interest. So we may carry out maintenance, repairs and works. To preserve supply generally. If asked by another electricity retailer, who is supplying electricity to you. 17 Notice of interruption Where we, or anyone else, has planned to interrupt your supply, we will try to give you 4 days notice, either by mail, or public notice. If it is not practical to give you 4 days notice, we will try to give you as much notice as is practical. There may be cases where no notice can be given. 18 Sensitive equipment, and special needs If you have sensitive equipment (for example, computers or other electronic equipment), or a special need for a continuous, nonfluctuating supply of electricity, you are responsible for making the necessary arrangements to protect your equipment or meet your special needs. You are responsible for arranging insurance to cover you for any damage or loss which you may suffer due to any failure or interruption of your electricity supply. 19 Personal information You agree that we may collect information about you for our business purposes. You may request any personal information which we have about you, and we will correct any of this information if you show it to be wrong. Personal information about you, which we hold for business purposes, may also be used for credit information purposes, as well as for statistical purposes (in relation to electricity, consumption, and usage). Personal information about any debt you owe to us will not be given to any debt collecting agency before we tell you by writing to you at the last address which you have provided. 20 Compensation and liability Neither us nor you will be liable to the other (in contract or in tort) for any loss or damage the other may suffer (including any actual damage to property) unless this arises due to: a failure to comply with the terms of this contract; or a negligent act or negligent omission of (as the case may be) us or yourself (or any person for whom you are responsible); and that loss or damage is: reasonably foreseeable and is directly caused by the failure, or negligence; and not caused by an event or circumstances beyond (as the case may be) our or your control.
4 4 An event or circumstance beyond a party s control (a force majeure event) includes war, earthquakes, fires, lightning, storms, and other similar events, any failure resulting from any systems used by us not being date compliant except if this has arisen due to a failure to observe good industry practice, the failure to generate sufficient electricity, the inability to purchase sufficient electricity, the failure by another party to supply us with electricity or electricity of a certain quality or character and third party industrial disputes, but does not include a lack of financial means. If we suffer a force majeure event we will endeavour to limit the effects as much as we are able and, where it is practical, resume your supply as soon as we are able. Except as set out in these standard terms under the heading Local Network Owner s Liability, we will not be liable to you for any loss or damage you may suffer due to some act or omission of, or due to the negligence of, a third party, including the local network owner, the building owner, us or any generator. If we become liable to any third party as a result of interference caused by you or equipment under your control you must compensate us to the full extent of such liability and for all associated costs incurred by us. Notwithstanding any other term of these standard terms, neither us nor you will be liable to the other for any loss or damage which is indirect or consequential, including, without limitation, any loss resulting from loss or corruption to any computer or electronically stored data or software. Except in the case of supplies to which the Consumer Guarantees Act 1993 (CGA) applies, the payment of your charges to us and any payment pursuant to any of the indemnities given by you under these standard terms, neither us nor you will in any event have any liability of any kind to the other for an event or series of closely related events exceeding $10,000 in value, whether or not the liability is caused by the failure, or negligence, of us or yourself. If you are a customer who acquires electricity for the purposes of a business then the provisions of the CGA will not apply. 21 Local Network Owner s Liability The local network owner will not be liable to you (in contract or in tort) for any loss or damage you may suffer unless that loss or damage is physical damage to property where it can be shown that the local network owner has been negligent and the amount and nature of the loss was reasonably foreseeable. The local network owner will not have any liability to you, together with all other customers in the building, whether in contract or in tort, for an event or series of closely related events relating to the network for any amount exceeding $10,000 in value. Notwithstanding the preceding sentence, the local network owner s aggregate liability to all customers connected to its network for an event or series of closely related events relating to the network will not exceed $10,000. You will indemnify us for any liability we may have to the network owner for any damage to the network owner s equipment caused by your (or your representative s) negligence or wilful act or omission, or failure to provide the protection required by these standard terms. If the CGA applies to line services then any liability of the local network owner to you pursuant to the CGA is excluded, to the maximum extent permitted by the CGA. Without limiting the foregoing, if you are obtaining electricity pursuant to these standard terms for the purposes of a business, the CGA will not apply to that supply and the provision of the line services for the purposes of that supply, but otherwise does not limit your rights under the CGA. The terms set out in this section provide benefits of the local network owner and their representatives and are enforceable by the local network owner and their representatives pursuant to the Contracts (Privity) Act Disconnection, and resumption, of supply Your electricity supply may be disconnected, without our contract with you coming to an end, for the following reasons: Non-payment for electricity or line services supplied (clause 9). Tampering (clause 13). Electrical safety (clause 15). If we are denied access to your premises or property where we reasonably suspect tampering or have not been able to read the meter for more than 3 months. If you do not provide a required bond or other payment security. If we are asked to disconnect you by another electricity retailer who is supplying you. If you ask to have our supply disconnected. For interim invoices, we will not disconnect your supply for nonpayment unless you have unreasonably prevented us from reading your meter. Before disconnecting (except when safety is concerned or if you have requested disconnection), we will give you 7 days notice in writing of the intention to disconnect, posted to your address (but if you miss the notice, disconnection will still proceed). We will also attempt to give you a final warning 24 hours before disconnection. A disconnection fee may be charged when your supply is disconnected. If we disconnect your electricity supply, and later agree to reconnect it, we may require one or more of the following:
5 5 A reconnection fee. A bond (or any increase in the amount of any bond already held), or some other payment security. 23 Competing electricity retailers If there is a dispute about which retailer (one of whom could be us) is entitled to supply you with electricity, we will recognise the retailer which was supplying you with electricity immediately before the dispute arose, until the dispute is sorted out. 24 Application of contract Unless terminated your contract with us will continue to apply for as long as you remain our customer, regardless of whether you change your address. If our contract with you ends, some terms of the contract which, in our view, may sensibly still apply (including responsibility to pay any outstanding charges), will continue to have effect until the purpose is served. If any of the terms of our contract with you cannot be enforced, that will not affect the other provisions, which will remain binding. You may not assign or transfer to anyone else any of your obligations or responsibilities under our contract with you. We may assign or transfer our rights and responsibilities under our contract with you to another party, but if we do this, we will give you written notice, and we will be released from any liability or obligations to you from the date of assignment. We may also subcontract or delegate the performance of any of our responsibilities under our contract with you, to any other party. 25 Termination Our contract with you is dependent on us having a valid agreement with an electricity retailer and the network owner(s). In the event that our agreement with the electricity retailer or the network owner(s) ceases, which results in us being unable to supply you with electricity, our contract with you as to the supply of electricity to your premises will also automatically terminate. If you do not meet your responsibilities under your contract with us, written notice will be sent to you explaining what is wrong, what needs to be done, and when it must be done by. If you do not comply with such a notice, we may then end our contract with you by sending another notice to you. The ending of the contract will not release you from any outstanding obligations to us. Please give us at least 3 working days notice if you want to end of this contract. Our charges (or the relevant portion of our charges) will stop at the time you arrange (if by that time there has been a final meter reading and you have stopped receiving electricity and line services from us), and your contract with us will then come to an end when any outstanding amounts due to us have been paid. Termination of this contract will not affect any legal remedies we or you may have. 26 If you are moving If you are moving, you must give us at least 3 working days notice and arrange access for a final reading of the meter at the address you are leaving. You also agree to give us your new address, or forwarding address, before you move. 27 Complaints and disputes If you have a complaint, or if there is a dispute about our charges or service then, unless any complaint or dispute is resolved by mediation or other agreement, it will be submitted to the arbitration of one arbitrator who will conduct the arbitral proceedings in accordance with the Arbitration Act 1996 (including any amendments or any other statutory provision then relating to arbitration). If the parties are unable to agree on the arbitrator, an arbitrator will be appointed, upon request of any party, by the President or Vice-President for the time being of the District Law Society of the district within which the premises are situated. That appointment will be binding on all parties to the arbitration and will not be subject to appeal. If you have made a legitimate complaint about how we have calculated the charges for electricity and/or network, your electricity supply will not be disconnected for non-payment until your complaint has been resolved. After a dispute about charges is resolved, any amount found due to you will be credited to your account with us, immediately. If, however, an amount is found to be due to us, you agree to pay that amount within 10 business days of the finding. If you do not do so, the amount will be treated as overdue, and your electricity supply may be then disconnected under clause Notices All invoices and notices will be sent to you at the last address which you have given us. We will be entitled to assume that any invoice for notice delivered or sent to you will reach you within 3 days of it being sent.