Berne, 1 July General Terms and Conditions of BKW Energie Ltd Governing the Supply of Electrical Energy to End Consumers with Free Grid Access

Transcription

1 Berne, 1 July 2014 General Terms and Conditions of BKW Energie Ltd Governing the Supply of Electrical Energy to End Consumers with Free Grid Access

2 General Terms and Conditions of BKW I Governing the Supply of Electrical Energy to End Consumers with Free Grid Access 2 Table of contents Part 1 General terms and conditions 3 Art 1 Scope 3 Art 2 Definitions 3 Art 3 Commencement of the legal relationship 3 Art 4 Termination of the legal relationship 3 Art 5 Exchange of information and duty of disclosure 3 Art 6 Data protection 4 Art 7 Invoicing and payment 4 Part 2 Supply of energy 4 Art 8 Basis for the legal relationship 4 Art 9 Obligations of BKW 4 Art 10 Scope of supply 5 Art 11 Energy metering 5 Art 12 Clearing of measurement data 5 Art 13 Suspension of energy supply 5 Art 14 Liability 6 Part 3 Concluding provisions 6 Art 15 Assignment of the legal relationship 6 Art 16 Amendments 6 Art 17 Applicable law, disputes 6 Art 18 Entry into force 6

3 General Terms and Conditions of BKW I Governing the Supply of Electrical Energy to End Consumers with Free Grid Access 3 Part 1 General terms and conditions Art 1 Scope 1.1 These General Terms and Conditions apply to the supply of BKW electrical energy to end consumers (hereinafter referred to as Customer ). They apply to Customers with free grid access within the meaning of Swiss electricity supply legislation. Art 2 Definitions 2.1 Customer means a the tenant or lessee who purchases energy for his / her own consumption, b the home owner, condominium owner or holder of building rights who purchases energy for his / her own consumption. Art 3 Commencement of the legal relationship 3.1 The legal relationship between the Customer and BKW shall be formed once a metering point has been allocated to the Customer and shall commence upon conclusion of an energy supply agreement as soon as is practicable after 1 January in a given year. 3.2 The Customer shall, upon request, promptly provide BKW with access to any documents it may require. Art 4 Termination of the legal relationship 4.1 The Customer may terminate the legal relationship by giving 30 days notice, except as provided under the terms of any other agreements. 4.2 Notice of termination shall be given in writing. 4.3 Upon termination, all amounts owed by the Customer to BKW prior to that date shall become due and payable. 4.4 If the Customer is in breach of his / her obligations, BKW shall be entitled to terminate the legal relationship by giving 30 days notice in writing subsequent to issuing a written reminder and allowing the Customer a reasonable period of time in which to remedy such breach. 4.5 If it is clear from the circumstances or the Customer s conduct that the Customer will not comply with a request to remedy any failure or will be unable to discharge his / her obligations, the legal relationship may be terminated in writing with immediate effect. 4.6 In the event of the Customer s insolvency, the legal relationship shall terminate without notice. The Customer shall be deemed to be insolvent if he is adjudicated bankrupt, or winding-up proceedings or other insolvency proceedings are commenced, including any debt-restructuring moratorium, stay of bankruptcy etc. in respect of the assets of the Customer or the Customer declares himself insolvent. Art 5 Exchange of information and duty of disclosure 5.1 The Customer shall inform BKW immediately of any changes to his / her master data, specifying the date on which the change took effect. 5.2 BKW shall be entitled to disclose information regarding consumption, charging and contracts to third parties, for example to facilitate the recording, accounting and billing of supplies of energy. Information shall only be disclosed to the extent required to facilitate the technical and commercial management and processing of energy supplies.

4 General Terms and Conditions of BKW I Governing the Supply of Electrical Energy to End Consumers with Free Grid Access 4 Art 6 Data protection 6.1 BKW collects and processes customer data and measurement data required for recording, accounting and billing of services as part of the contractual relationship, for handling and maintaining customer relations and for the security of operation and infrastructure. 6.2 The Customer authorises BKW to store and analyse this information, and to use it to perform and develop BKW services and to draw up offers. 6.3 BKW is entitled to call on third parties for data processing and to grant these third parties access to the corresponding customer and measurement data. The Customer acknowledges and agrees that data may also be transmitted outside Switzerland for this purpose, although the applicable data protection regulations will always be complied with. Art 7 Invoicing and payment 7.1 Invoices shall be issued to the Customer at regular intervals to be determined by BKW. 7.2 The amount invoiced shall be payable in full within 30 days of the invoice date. Invoices may only be paid in instalments with the express consent of BKW. 7.3 After the final date for payment, the Customer shall be charged any additional costs incurred as result of late payment (postage, debt collection, default interest, default charges, debt collection expenses, interest on late payments, connection and disconnection etc.). 7.4 In the event of persistent non-payment, or BKW has reason to doubt the Customer s ability or willingness to discharge his / her payment obligations, BKW may require the Customer to provide a reasonable advance payment or security or may invoice the Customer on a weekly basis. The Customer shall be charged any resulting costs incurred. 7.5 The Customer shall not be entitled to offset any amounts owed to him against amounts invoiced by BKW. 7.6 If any complaints or queries are raised with regard to energy metering, the Customer shall not be entitled to withhold payment of any amounts invoiced or payments on account that may be due to BKW. 7.7 Errors and mistakes relating to invoices and payments may be corrected at any time over a period of 5 years. Part 2 Supply of energy Art 8 Basis for the legal relationship 8.1 The Customer is responsible for meeting the technical and commercial criteria required for the supply of energy. 8.2 The Customer may only use the energy for the agreed purpose. In particular, the Customer shall not transfer energy to third parties, with the exception of subtenants of residential premises, unless specifically authorised to do so by BKW. In the event that BKW agrees that energy may be transferred to third parties, no surcharges may be added to the prices charged by BKW. Art 9 Obligations of BKW 9.1 BKW shall supply electrical energy to the Customer on condition that the Customer has made effective use of his / her right to access to the grid and has entered into valid grid connection and grid usage contracts with the distribution system operator.

5 General Terms and Conditions of BKW I Governing the Supply of Electrical Energy to End Consumers with Free Grid Access The terms and conditions of the relevant distribution system operator shall apply to the Customer s connection to the distribution grid and usage of the grid, including the measurement and metering of the energy supplied. Art 10 Scope of supply 10.1 BKW is solely responsible for the commercial supply of energy. Energy shall be deemed to have been supplied once it has been supplied to the balance group to which the Customer s metering point is assigned. The relevant grid operator is therefore responsible for the physical delivery of energy If physical delivery is interrupted due to an event of force majeure, including but not limited to network faults, the Customer s obligation to take delivery of the supply shall be suspended, i. e. the Customer shall be entitled to procure the energy required from third parties and shall not owe BKW any payment in respect of energy not supplied. However, BKW shall have the right to supply any unused energy to third parties If the Customer is in default of acceptance, the Customer shall, in all circumstances, indemnify BKW BKW shall supply electrical energy through the grid of the grid operator and shall not be responsible or liable in respect of any interruption in supply that is within the standard tolerance bands for voltage and frequency set out in Standard EN Voltage characteristics of electricity supplied by public distribution networks. Art 11 Energy metering 11.1 The data supplied by meters and measuring equipment belonging to the distribution system operator are decisive for recording energy consumption. In certain cases, energy consumption may be determined or estimated on a flat-rate basis The measurement of energy and the meters and other equipment required for such purpose (ripple control systems), the recording and supply of consumption data (measurement data) relating to grid usage and the accuracy of such data (clearing of measurement data) shall be governed by the applicable terms and conditions of the relevant distribution system operator In supplying energy, BKW shall not be responsible for reading, providing or delivering measurement data or for the accuracy of data at the feed-out point. BKW hereby excludes all liability for any loss or damage that may be caused. Art 12 Clearing of measurement data 12.1 The relevant distribution system operator is responsible for the accuracy of meter readings (measurement data) BKW shall not be liable for any errors with respect to billing as between third parties and the Customer. Art 13 Suspension of energy supply 13.1 BKW shall be entitled to suspend the supply of energy subsequent to issuing a payment reminder and giving the Customer written notice of the time of suspension, in particular if the Customer: a fails to meet his / her payment obligations to BKW or expressly refuses to pay future invoices, or where there is no guarantee that the Customer will pay future invoices, b fails to provide security or make any advance payment that is required within the time period specified, c commits a serious breach of any material provisions of these Terms and Conditions If the Customer, or the Customer s agent, deliberately circumvents the terms of charging, the Customer shall pay in full any amounts undercharged plus interest and compensation in respect of any extra work and costs incurred as a result. In such circumstances, BKW reserves the right to bring criminal charges.

6 General Terms and Conditions of BKW I Governing the Supply of Electrical Energy to End Consumers with Free Grid Access In the event that BKW suspends its energy supply, the Customer shall not be released from his / her payment obligations or his / her obligation to discharge other liabilities The Customer shall not be entitled to any form of compensation whatsoever in respect of any suspension of energy supply on legitimate grounds. Art 14 Liability 14.1 Liability shall be governed by applicable mandatory provisions of law Except as expressly provided otherwise in any agreement, any further liability is hereby excluded. Part 3 Concluding provisions Art 15 Assignment of the legal relationship 15.1 BKW shall be entitled to assign all legal relationships, together with all rights and obligations thereunder, to a third party. Art 16 Amendments 16.1 BKW reserves the right to amend these Terms and Conditions, in whole or in part, at any time. Art 17 Applicable law, disputes 17.1 The contractual relationship shall be governed by and construed in accordance with Swiss law Any disputes arising out of or in connection with this contractual relationship shall be determined by the public authorities with competent jurisdiction The place of jurisdiction shall be Berne. Art 18 Entry into force 18.1 These Terms and Conditions enter into force on 1 January BKW Energy Ltd. Viktoriaplatz Berne 25 Telephone Telefax info@bkw.ch