Terms & Conditions of Supply

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1. Application of General Conditions

Supply of Natural Gas by Meter shall be in accordance with all Statutory Regulations for the time being in force and subject thereto to the following terms and conditions as laid down by the Company from time to time in accordance with the provisions hereof.

2. Definitions

The terms specified hereunder shall have the meanings set out opposite them.

• "Appliances": All pipes, fittings, cookers, heaters and other items Installed beyond the Meter in or on the Specified Premises.
• "Company": Bord Gais.
• "Consumption Period": The interval between dates when the Meter is or has been read for the purpose of determining the amount payable by the Customer in respect of Natural Gas used.
• "Meter": The Natural Gas meter installed by the Company for the purpose of measuring the quantity of Natural Gas consumed on the Specified Premises and includes all fittings and piping installed therewith so far as the context admits and shall include any meter or meters of any type whatsoever supplied to the Customer at anytime at the Specified Premises but shall not include the Appliances.
• "Specified Premises": The premises specified in the application for Natural Gas supply completed by the Customer or such other premises as may be notified by the Customer to the Company and accepted by the Company.
• "Gascard": A computer readable Natural Gas credit card issued by BGE.
• "Gascard System": The computerised system whereby a customer may pre-purchase Natural Gas from BGE using a Gascard.

3. Sale and Purchase

The Company shall sell and supply gas to the Customer at the Specified Premises for the duration of this Agreement subject to the conditions herein contained and at the price or charge specified in the Schedule hereto.

4. Nature of Gas

The nature of the gas supplied shall be Natural Gas but the Company shall be at liberty to change the supply to any other gas when same becomes available provided however that the Customer shall be notified of any consequential changes needed to the Appliances.

5. Meter

a.	The Company shall determine the type and size of the Meter to be supplied to the Customer from time to time, and its location on the Specified Premises.
b.	The Meter so supplied shall remain the Company's property and may be removed by the Company at the expiration or termination of the Agreement.
c.	The Customer shall at all times be solely responsible for the safe custody of the Meter and shall indemnify the Company in respect of any damage thereto (including costs of removal and replacement if any), from whatever cause including fire, accident, theft and malicious injury, but excepting fair wear and tear.
d.	The Customer shall not interfere or permit any interference with the Meter, whether for repairs or for any other purpose whatsoever, without the Company's consent, and shall notify the Company promptly of any defect therein observed or reasonably suspected or if any alteration or other attention thereto is required.

6. Safety Precautions

The Appliances shall be the exclusive responsibility of the Customer from date of installation and he shall be solely responsible for the care and maintenance thereof. The Customer shall promptly at his own expense comply with all reasonable safety precautions notified or advised by the Company as to the location, use and maintenance of the Appliances. Notwithstanding the foregoing, the Company shall not have any duty to inspect the Appliances at any time.

7. Access to Meter

a.	The Company's Officials shall have access to the Meter for all reasonable purposes including (but not limited to), reading, inspection, repair and removal and furthermore the Company's Officials shall have the right of inspecting the Appliances and of obtaining such information as may be reasonably required regarding the use and maintenance of same.
b.	If the Company's Officials fail to gain access to the Meter for the aforementioned purposes the Customer shall, if subsequently requested, as soon as may be reasonably possible, arrange with the Company to provide such access between the hours of 9.00 a.m. and 5.00 p.m. on any weekday.
c.	If the Company's Officials are unable to gain access to the Meter in order to determine the amount of Natural Gas used, then (in addition to all other rights hereunder) the Company may estimate the Natural Gas consumption for billing purposes. The Customer shall be bound to accept such estimate as correct in respect of the period to which the required reading would have related, but any actual difference between the estimated consumption and the actual consumption shall be adjusted when a reading of the Meter is subsequently obtained, and the Company shall either credit or charge the difference. as the case may be, to the Customer.
d.	Failure by the Customer to comply with the provisions of this Condition shall, in so far as such failure impedes or delays payment of the amount due for Natural Gas used, be deemed to be neglect or refusal within the meanings of such provisions as are applicable to the payment and recovery of Natural Gas charges.

8. Payment of Accounts

a.	The Customer shall pay the Company for all gas consumed or passed through the Meter at the price prevailing during the period of such supply Every account furnished by the Company, including an estimated account, shall be payable forthwith and if not so paid, the Company shall be at liberty forthwith to disconnect the supply and/or to proceed in any manner for recovery of the amount due. Payments should be made payable to "Bord Gais" by one of the methods set out in the Tariff Structure.
b.	Accounts not paid within fourteen days shall be liable for interest at the rate of 2% per month.
c.	If required by the company at anytime, the Customer shall furnish security (whether by way of deposit or guarantee as the company may require) for the payment of any monies which may from time to time become due by the Customer under the Agreement.
d.	Without restriction of the powers under Condition 13 hereof, the Company may at any time substitute a Coin Meter or a Prepayment Meter (on the terms specified by the Company) in place of an ordinary Meter supplied to the Customer should the Customer neglect or refuse to pay any sums owing by him to the Company in respect of gas, hire purchase or other goods or services supplied by the Company at the Specified Premises or elsewhere.
e.	Should the Company supply a Gascard system to the Customer, the Company may recover, through the said system any sums owing by the Customer in respect of gas, loans, hire purchase or any goods or services supplied by the Company to the Customer.
f.	Should the Company substitute a Gascard meter, pursuant to Condition 8(d) above, then all Natural Gas from the date of substitution shall be charged at the appropriate Gascard rate and a final account will issue for gas consumed at the old rate which will be due for payment under the normal credit terms. Any amounts, due to the Company on foot of a final account as aforesaid, may be recovered through the said Gascard system.
g.	Where a Gascard is issued by the Company to the Customer, the Customer shall at all times be solely responsible for the safe custody of the said Gascard. The Company may, at its sole discretion, issue replacement Gascards and replacement Gascards issued within two years of the previous issue of a Gascard will be charged to the Customer at the rate prevailing from time to time.

9. Termination of Agreement

On the sale, transfer, disposal, letting or other vacation of the Specified Premises, the Consumer shall give the Company not less than 7 clear days notice to telephone number 1850 456 200 or in writing, of his desire to terminate this Agreement. The Customer shall remain liable for any Natural Gas consumed on the Specified Premises until such notice is given and has expired, and the Company has been given access to the Specified Premises in order to read the Meter.

10. Meters, testing, correction of errors etc.

a.	The reading shown by the Meter shall be prima facie evidence of the quantity of Natural Gas supplied to the Customer. The Customer may at any time require the Company to have the Meter tested subject to paying (in advance) the estimated reasonable cost of the removal, replacement and testing. Any such payment shall be refunded to the Customer if the said testing shows the Meter to have been registering incorrectly in favour of the Company. The Company may at any time at its own expense have the Meter tested If any such test shows the Meter to be registered erroneously, then the amount charged for Natural Gas shall be rectified in the manner prescribed in paragraph (d) hereunder.
b.	Should it be found that the quantity of gas supplied for any Consumption Period has been computed wrongly due to an error in the reading of the Meter, then the amount due by the Customer in respect of the said Consumption Period shall be adjusted accordingly by way of surcharge or allowance as the case may be or alternatively a corresponding adjustment shall be made in respect of a succeeding Consumption Period.
c.	Where erroneous registration of a Meter is established, then (in the absence of fraud or of reasonable evidence as to when the error first arose) such error shall be deemed to have first arisen as from the commencement of the then last preceding Consumption Period.
d.	Subject to any Statutory provision in that behalf, in the event of a Meter ceasing to register or of reasonable evidence indicating that a Meter is or may be registering erroneously, then such Meter shall be replaced and the average daily consumption subsequently ascertained through the replacement Meter for a reasonable period (to be determined by the Company, but being not less than one week nor more than one Consumption Period) shall be the basis of estimating consumption in the manner provided hereafter over the period of error determined in accordance with paragraph (c) viz. i. in respect of the Consumption Period during which the replacement Meter was installed, the Natural Gas consumed from the beginning of the said Consumption Period to the date of such installation shall be computed at the average daily rate of consumption ascertained through the replacement Meter during the residue of that Consumption Period. ii. in respect of the preceding Consumption Period, the registered consumption thereof shall be rateably adjusted to the aforesaid ascertained average daily rate in proportion to the Natural Gas registered, if any, during the corresponding periods of the previous twelve months and if none, or incomplete, then the adjustment shall be at the ascertained average daily rate, and the charges due in respect of Natural Gas consumed during the aforesaid periods shall be adjusted accordingly and any surcharge shall be due and recoverable in the like manner as gas charges are due and recoverable by the Company.
e.	Should the Customer require any Meter reading in the interval between normal reading dates, he shall pay the Company the reasonable cost of same as determined by the Company.

11. Interruptions or Variations of Supply

The Company shall not be responsible for any loss or damage sustained by the Customer in respect of any failure by the Company to supply gas as a result of the Company's inability to secure a supply of Natural Gas, industrial action, breaks or defects in mains, or any other reasonable cause outside the control of the Company.

12. Limitation of Liability

In the event of any breach of this Agreement by the Company, the Company shall not be liable to the Customer for any indirect or consequential loss suffered by the Customer as a result thereof.

13. Termination

a.	The Customer may terminate this Agreement by serving seven clear days notice by telephone, or in writing on the Company and by paying to the Company the amount due for all Natural Gas consumed up to the date of such termination and for any other obligations under this Agreement.
b.	The Company may terminate this Agreement in the following circumstances. i. On giving to the Customer three calendar month's notice in writing where the Company deems continuation of supply of gas to the locality in which the premises of the Customer is located to be no longer economically viable. ii. If the Customer shall be in arrears with any monies due by him under the Agreement for the space of fourteen days or more. iii. If the Customer shall be or continue to be in breach of the conditions of the Agreement for the space of one calendar month or more, having received notice of any such breach from the Company. iv. If the Company or its Officials consider that there is any risk of fire or explosion or injury to persons or property by reason of any defects or suspected defects in the supply main, service pipe, meter installation or the Appliances.
c.	In the case of neglect or refusal to pay for Natural Gas supplied the Customer shall not be entitled to receive any prior notice of disconnection, and in other cases 24 hours notice shall be given by the Company except as otherwise provided in these conditions. Where the supply of gas is disconnected due to the Customer's default, the Customer shall pay the Company all expenses incurred in the enforcement of these conditions and also the cost of disconnection and of subsequent reconnection, if any.

14. Death of Customer

In the event of the death of a Customer, the Personal Representative and/or the occupiers for the time being of the Specified Premises shall be jointly and severally liable for any continued supply of gas to the specified premises until a new Agreement is entered into for the supply of Natural Gas to the Specified Premises or until this Agreement is terminated.

15. Access to Customer's Premises

In consideration of the Company entering into the Agreement the Customer grants to the Company, free of charge, all the necessary rights of way and easements for the purposes of each supply, including all necessary facilities for laying, renewing and maintaining Natural Gas mains or services in or on the Customer's property. The Company shall have the right to carry out any works on the grounds or in the property of the Customer and the Customer indemnifies the Company against any claims arising out of such works unless attributable to the negligence of the Company, its servants or agents. Any such gas main on the service line shall remain the property of the Company which shall be entitled to connect other customers thereto and the rights hereby granted to the Company shall continue to subsist, in so far as same continue to be required, subsequent to the termination of the Agreement. The Company shall retain the rights of wayleave over such mains and services and the Customer shall not carry out any interference or any development adjacent to such gas mains or services without the permission of the Company and the fulfilling of any conditions made by the Company, including the payment of the cost of any alterations which the Company may carry out to such gas mains and services. The Company, while taking every reasonable precaution, will accept no liability and will not be responsible for any damage caused in the course of laying, renewing or, maintaining gas mains or services including the making of any necessary openings to the walls of the Customer's premises or otherwise howsoever. All connections to the Meter must be made by the Company's authorised officials and by no other person whatsoever.

16. Variation of General Conditions

The Company shall have the right at any time to amend vary or add to these General Conditions for Supply of Natural Gas and any such variation addition or amendment shall be binding on the Customer. The General Conditions for the time being in force shall be displayed in the Company's principal office and in any other public office of the Company.

17. Notices

Any notice required to be served hereunder shall be deemed to have been served or received in due course of post if addressed to the Customer at the Specified Premises or addressed to the Company at its principal office.

18. Records

The Company shall not be obliged to keep or preserve the original documentation pertaining to or arising out of any Agreement (including the Agreement itself) but may keep copies of the same by using any electronic method of storing information and a legible copy of any such information so preserved shall be considered a true record thereof.

19. Schedule Price of Gas

The price payable by the Customer for Natural Gas supplied by the Company is set out in the Tariff Structure, which is published by the Company from time to time. The Company shall be entitled to vary the price so charged at any time after notification to the Customer either by the publication of an advertisement in a National Daily Newspaper or by sending notice thereof by post in a prepaid envelope addressed to the Customer at the Specified Premises or at his place of abode or other address last known to the Company. Any such advertisement or notice shall state the appropriate increase or reduction and the date from which the same is to become effective.

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1. Definitions

In this Agreement (unless the Special Conditions otherwise specify or require):

• "Bord Gais Facilities": Shall mean those facilities referred to in Clause 8.1, upstream of the Delivery Point.
• "Business Day": Shall mean any day other than a Saturday, a Sunday, a Bank Holiday or a Public Holiday.
• "Commencement Date": Shall mean the date described on front page or such later date when Gas is available for Bord Gais to supply to the Customer at the Customer's premises.
• "Customer's Facilities": Shall have the meaning as set out in Clause 8.2.
• "Day": Shall mean a period of 24 hours commencing at 08.00 hours on any day.
• "Gas": The nature of Gas supplied shall be Natural Gas but Bord Gais shall be at liberty to change the supply to any other Gas when same becomes available, provided however that the Customer shall be notified of any consequential changes needed to the Customers Facilities.
• "Gross Calorific Value": Shall mean the number of Giga Joules produced by the complete combustion at constant pressure of 1013.25 Millibars Absolute at fifteen(15) Degrees Celsius under standard gravitational force of one (1) Cubic Meter of natural gas at fifteen (15) Degrees Celsius with excess air at the same temperature as the Natural Gas, when the products of combustion are cooled to fifteen (15) Degrees Celsius and when the water formed by combustion is condensed to the liquid state and the product of combustion contain the same total mass of water vapour as the Natural Gas and air before combustion.
• "Month": Shall mean a period commencing at 08.00 hours on the first day of any calender month and ending at 08.00 hours on the same date in the next succeeding calendar month.
• "Period of Agreement": Shall mean such period of time being not less than one year starting on the commencement date specified above and ending on the termination of the Agreement by either party in accordance with the General Conditions hereof.
• "Premises": Shall mean the Premises to be supplied as described on front page.
• "Reasonable and Prudent Operator": Shall mean a person, firm or body corporate seeking in good faith to perform its contractual obligations hereunder and in so doing exercising that degree of care, diligence and foresight reasonably and ordinarily exercised by skilled and experienced Operators engaged in the same type of undertaking or under the same or similar circumstances and conditions and any reference to the standard of a Reasonable and Prudent Operator shall mean such a degree of care, diligence, prudence and foresight as aforesaid.
• "Year": Shall mean a period of time commencing at 08.00 hours on any Day of any calender year and ending at 08.00 hours on the same date in the next succeeding calender year.

2. Price and Meter Rental

1.	Price: The price payable in respect of Gas supplied shall be calculated at the tariff specified on the front page of this Agreement until Bord Gais serves a notice in accordance with clause 21.2.
2.	Price Variation: Bord Gais shall be entitled to vary the prices so charged at any time after notification to the Customer either by the publication of an advertisement in a National Daily Newspaper or by sending notice thereof by post in a pre-paid envelope addressed to the Customer at the Premises or at his place of abode or other address last known to Bord Gais. Any such advertisement or notice shall state the appropriate increase or reduction and the date from which the same is to become effective.
3.	Meter Rental: The Customer shall in addition to any other charges arising under this Agreement pay Meter Rental at the rate specified as varied from time to time by Bord Gais.

3. Quantities

1.	The Customer shall not in any hour or any Day take gas at an instantaneous flow rate in excess of the quantities set forth on front page as "Maximum Quantities" without the prior written consent of Bord Gais.
2.	Bord Gais may limit the supply of Gas hereunder as it thinks desirable or necessary to any maximum quantity including cut off supply. If the Customer takes Gas in excess of the Maximum Quantities set out on the front page per hour, per day or in excess of any limit notified by Bord Gais to the Customer for any period, the Customer shall be liable for all loss or damage suffered by Bord Gais as a result thereof.
3.	Although Bord Gais intends that the supply of Gas hereunder will be given without interruption or variations, Bord Gais will not be liable for any loss or damage suffered by the Customer in respect of interruptions or variations in the supply or cessation of supply hereunder resulting from any cause whatsoever.

4. Premises and Purpose

1.	Premises: Gas supplied hereunder will be delivered to the premises as set out on front page.
2.	Purpose of Supply: The purpose of supply shall be that set out on front page, and no other. The Gas supplied by Bord Gais may not be resold by the customer in any form or used for any purpose other than that specified on the front without the prior written consent of Bord Gais.

5. Billing and Payment

1.	Method of Payment: Bord Gais may in its sole discretion invoice the Customer monthly or bi-monthly. Bord Gais reserves the right to vary this arrangement from time to time. The Customer who is on a monthly account will pay monthly for gas taken by it during each calendar month or will pay monthly for estimated gas taken during each calender month. The Customer who is on a bi-monthly account will pay bi-monthly for gas taken during each bi-monthly period or will pay for estimated gas taken during each bi-monthly period. In addition, all Customers will pay meter rental pursuant to Clause 2.3.
	Payment shall be made by variable Bank Direct Debit (or such other method as may be specified by Bord Gais from time to time) to the account of Bord Gais as designated from time to time so that such account is credited with the amount due not less than 14 days from date of invoice. The Customer shall prior to the Commencement Date furnish to Bord Gais a form of instruction to the Customer's bank authorising the bank to make payment to Bord Gais in the manner aforesaid. The Customer further undertakes not to withdraw or vary any instructions so given to the Customers bank. If required by Bord Gais at any time, the Customer shall furnish security (whether by way of deposit or guarantee) as Bord Gais may require for the payment of any monies which may from time to time become due by the Customer under the Agreement.
2.	Interest: Should the Customer fail to make payment to Bord Gais of any sum due hereunder interest thereon shall accrue at a daily rate equal to 2 per cent above the Bank of Ireland AAA Overdraft Rate then in force from the date when such a payment is due until the same is made.

6. Calculation of Energy Supplied

The Customer shall be charged by reference to the number of kilowatt hours (kWh) supplied, calculated by reference to the meters installed or to be installed by Bord Gais adjacent and prior to the Delivery Point and by reference to the Gross Value of the Gas as determined by Bord Gais. All such matters shall conform with the requirements of EEC Directive 71/318/EEC or any amendment or re-enactment thereof.

7. Units of Measurement

All units of measurement used pursuant to this Agreement shall be in accordance with EEC Directive 80/181/EEC and any amendment or re-enactment thereof.

8. Facilities

1.	Delivery Point and Bord Gais' Facilities: Bord Gais will provide and will thereafter maintain, repair and keep in proper condition piping and metering equipment and all necessary ancillary equipment ("Bord Gais' Facilities") to provide the Gas to be supplied under this Agreement to the Customer at an agreed point or points (hereinafter called "the Delivery Point") on the Customers Premises. The Delivery Point shall be located at the meter outlet flange or threaded joint on the meter unit on the Premises. Title to the Gas and risk relating thereto shall pass to the Customer at the Delivery Point and responsibility for all claims of any nature whatsoever made in respect to Gas title to which shall be passed to the Customer as aforesaid shall rest with the Customer and Customer shall indemnify and save harmless Bord Gais against any and all such claims, provided, however, that this indemnity shall not apply to the extent any such claims are caused by reason of the negligence of Bord Gais, its servants or agents. Prior to Bord Gais providing its facilities hereunder, the Customer will advise Bord Gais in writing of the existence, location and extent of any mains, pipe cable, drain or other service on the Customer's Premises, and shall indemnify and keep indemnified and hold harmless Bord Gais against all losses and claims for injuries or damage of whatsoever nature which may arise out of or in consequence of damage to any such mains, pipe, cable, drain or other service where the Customer has failed, neglected or omitted to so advise Bord Gais. Bord Gais shall determine the type and the size of the meter to be supplied to the Customer from time to time, and its location on the premises.If Bord Gais' Officials fail to gain access to the meter for the aforementioned purposes, the Customer, shall if subsequently requested, as soon as may be reasonably possible arrange with Bord Gais to provide such access between the hours of 9.00am and 5.00pm on any week day.
2.	Customer's Facilities: The Customer will provide all necessary facilities as are required downstream from the Delivery Point/s on the Customer's Premises for the taking and use of the Gas to be supplied under this Agreement ("the Customer's Facilities"). All necessary facilities provided by the Customer shall comply with and be certified to the codes and standards which shall be specified by Bord Gais prior to the provision of such facilities and thereafter such facilities shall continue to comply with the codes and standards of Bord Gais (as amended and notified to the Customer from time to time) during the Supply Period. The Customer shall permit Bord Gais to inspect the Customer's Facilities at any reasonable time. If Bord Gais notifies a requirement for maintenance, repair or replacement of any of the Customers Facilities, the Customer (at its own expense) shall comply with Bord Gais' recommendations made resultant upon any such inspection of the Customer's Facilities. Not withstanding the foregoing, Bord gais shall not incur any liability for any defects in the Customer's Facilities whether or not same have been inspected by or on behalf of Bord Gais at any time.
3.	Access: Through the whole of the supply period the Customer will afford to Bord Gais access (without charge) to the Delivery Point/s for the purpose of inspecting, maintaining, operating, repairing and/or replacing Bord Gais' Facilities or any part thereof.
4.	Defects: In the event of the Customer's Facilities becoming defective in any way whatsoever the Customer shall forthwith inform Bord Gais of such defect(s) and take immediate action to remedy such defect(s).
5.	Operating Procedures: The Customer shall comply with all rules, regulations, and operating procedures (if any) notified to it by Bord Gais from time to time.
6.	Wayleaves and AGI Sites: The Customer shall grant to Bord Gais (free of charge) such wayleaves and sites as are required from time to time, for the installation, maintenance, operation, repair and/or replacement of Bord Gais' Facilities.

9. Indemnity

The Customer shall take all necessary precautions to safeguard the property of Bord Gais on the Premises. The Customer shall be solely responsible for and shall indemnify and keep indemnified and hold harmless Bord Gais against all losses and claims for injuries or damage to any person or property whatsoever that may arise out of or in consequence of damage to or failure or through the use of the mains, service pipes, meter and other apparatus on the Premises required for the supply of Gas hereunder and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereof provided that the indemnity hereby given shall not extend to any loss or claim for injury or damage to any person or property to the extent that the same is caused by the negligence of Bord Gais, its servants or agents.

10. Insurance

The Customer shall effect insurance (subject to the right of Bord Gais to specify minimum cover) to cover liability undertaken by the Customer under clause 8 and 9 of this Agreement (without prejudice to the Customer's liabilities thereunder) and will duly and punctually pay all premiums and monies necessary for effecting and keeping up such insurance when same become due or within one week thereafter and shall upon the request of Bord Gais at any time and from time to time produce for inspection the relevant policy or policies of insurance and the receipts for premiums paid. Bord Gais shall not incur liability where sums insured specified by it are inadequate, or where it has not specified any such sums to be insured.

11. Repayable Taxes

In addition to the price payable for Gas hereunder, the Customer shall pay Bord Gais the amount of any Republic of Ireland Value Added Tax, tax, duty, or impost on gas or on the processing sale or supply of Gas which is payable by Bord Gais in respect of Gas supplied hereunder (but specifically excluding any tax or profits or other like or similar tax or taxes payable by or levied on Bord Gais).

12. Assignment by Bord Gais

Bord Gais shall be entitled to assign the benefit and/or burden of this Agreement to any company supplying gas in the area of the Premises without the prior written approval of the Customer.

13. Disputes

1.	All disputes or differences whatsoever which shall at any time arise under this Agreement between the parties hereto touching or concerning this Agreement or as to its construction or effect or as to the rights, duties or liabilities of the parties hereto or either of them under or by virtue of this Agreement or otherwise or as to any matter in any way connected with or arising out of or in relation to the subject matter of this Agreement shall be referred to an Expert or Arbitrator pursuant to Clause 13.2 or Clause 13.3 (as the case may be) where such Expert or Arbiter shall be agreed upon between the parties hereto (within 10 days of one party requesting the other to so agree), or, in default of agreement, as appointed by the President of the Incorporated Law Society of Ireland.
2.	Any dispute which the parties agree to be of a technical nature (within ten days of one party requesting the other to state whether it agrees that the dispute is of a technical nature) shall be referred to Expert whose decision shall (save in the case of manifest error) be final and binding on and shall be implemented by the parties of hereto and shall not be matter capable of reference to arbitration.
3.	All other disputes shall be referred to the Arbitrator and the provisions of the Arbitration Acts shall apply to such arbitration; provide however that any dispute which is to be referred to the Arbitrator pursuant to this Agreement may be referred to the Expert by the agreement of both parties.

14. Force Majeure

1.	Definition of "Force Majeure" shall mean any occurrence or circumstance or combination of occurrences or circumstances beyond the control of the party concerned resulting in or causing failure by the party concerned in the fulfilment of any of its obligations under this Agreement which could not reasonably have been prevented or overcome by it and (in the case of a continuing occurrence or circumstance) shall be deemed to continue so long as the same cannot be prevented or overcome by such party, notwithstanding the exercise by the party concerned of the standard of a Reasonable and Prudent Operator.
2.	Relief from Obligations: The party validly claiming Force Majeure shall be relieved from liability by reason of Force Majeure to the extent that owing Force Majeure it has not performed any of its obligations which would otherwise have resulted in liability under this agreement. PROVIDED ALWAYS that the relief to be offered under this clause to either party shall not extend to the obligations of such party to pay money when due or to give notice which it may be required to give under this Agreement.
3.	Notification and Rectification: The party seeking relief under Cause 14.2 shall forthwith as soon as reasonably possible after the happening of the Force Majeure; i. Notify the other in writing of the happening of the Force Majeure and shall with diligence furnish such information as is available appertaining thereto and the quantities of Gas affected and give an estimate of the period of time required to remedy the Force Majeure. ii. Take all reasonable practical steps that may be taken at a reasonable cost to rectify the Force Majeure and to minimise the damage caused thereby but without prejudice to the generality of the meaning of Clause 14.1 shall not be obliged to settle any strikes or other labour disputes except in such manner as it shall in its own judgement consider it fit.

15. Termination

1.	Either party May terminate this Agreement after the expiry of one year of the commencement date by by serving on the other party not less than 28 days notice in writing of it intention to terminate this Agreement. This Agreement shall automatically terminate on the expiry of any notice so served.
2.	This Agreement may terminate by one party whether before or after one year of the commencement date, if the other party commits a material breach of the terms and conditions herein and fails to remedy the same within a reasonable time but without prejudice to any antecedent rights or remedies of either party. Any failure by the Customer to pay any sum due hereunder on time shall be deemed to be a material breach of this Agreement, but without prejudice to the classification of any other breach as a material breach.
3.	Following termination Bord Gais shall have the right to gain access to any parts of the Customer's Premises necessary for the purpose of removing Bord Gais' facilities and this clause shall survive termination of this Agreement until such facilities shall be removed.

16. Special Conditions

The Special Conditions (if any) scheduled to this agreement are incorporated in this Agreement.

17. Notices

Any notice or request to be given by one party to another under this Agreement shall be delivered to the party in question or sent to such party by pre-paid registered post, telex or facsimile transmission, or telemessage addressed to that party at such address as the party in question shall from time to time designate by written notice and until such notice shall be given the addresses of the parties shall be those that appear in this Agreement. Any notice or request given by telex, facsimile transmission or telemessage (other than routine notices and communications) shall unless already acknowledged be subsequently confirmed by pre-paid registered post but without prejudice to the validity of the original notice or request received.

18. Entire Agreements

The Customer acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Further the Customer agrees that it is the complete and exclusive statement of the Agreement of the parties, which supercedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. It is further agreed that this Agreement may only be amended by agreement in writing duly signed by persons authorised to sign agreements on behalf of the Customer and Bord Gais.

Conditions of Supply for Electricity to Business Customers

1. Definitions

In this Agreement:

• "Agreement" means the general terms and conditions set out in this document, together with the information and terms contained in the form overleaf.
• "Commission" means the Commission for Energy Regulation."
• Commencement Date" means the date notified by the meter registration system operator (MRSO) to the Supplier as being the date on which the Supplier commences the supply of electricity to the Customer at the Premises.
• "Connection Agreement" means the agreement entered into between the Customer and ESB setting out the terms on which the Premises may be connected to the ESB distribution network.
• "Customer" means the person or company referred to in the form overleaf, who has entered into this Agreement.
• "De-energise" means the taking of any steps whereby no electrical current can flow through the Meter.
• "DSO" means the distribution system operator.
• "ESB" means Electricity Supply Board, a statutory corporation constituted under the Electricity (Supply) Act 1927, its successors and assigns.
• "Meter" means the electricity meter installed, maintained and owned by the DSO to measure the amount of electricity used by the Customer on the Premises and includes all related fittings and electrical cabling at the Premises but does not include any electrical appliances owned and/or used by the Customer beyond the meter.
• "Premises" means the premises to be supplied with electricity as described on the form overleaf.
• "Supplier" means Bord Gáis Energy.
• "Term of the Agreement" has the meaning given to it in Condition 11.

2. Sale and Supply

2.1

Subject to Condition 2.2, the Supplier will sell and supply electricity to the Customer at the Premises in accordance with the law and subject to this Agreement for the Term of the Agreement.

2.2

It is a pre-condition to commencement of this Agreement, and a condition of supply, that the Customer has a valid and subsisting Connection Agreement and that the Customer complies with the terms of such Agreement. If the Customer has taken over a premises that was previously supplied in the name of another customer with a maximum import capacity ("MIC") of less than 100kVA and the Customer does not have a Connection Agreement, the DSO may consider the previous customer's MIC and Connection Agreement to apply to the Customer and the Customer must keep to all the conditions of that Connection Agreement. If the MIC applying to the previous customer at the Premises was greater than 100kVA, the Customer must apply to the DSO for a Connection Agreement in its own name.

3. Compliance with laws and obligations

The Customer shall ensure that it complies at all times with all laws and regulations, which are applicable to the Customer's use of the service supplied by the Supplier, including any conditions imposed by the DSO, or by the Supplier on behalf of the DSO. The Supplier shall have no liability to the Customer under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such laws or regulations. The Customer is required to maintain its own electrical installations and equipment to the appropriate standards as set out in the appropriate laws and regulations.

4. Metering and Billing

4.1	The electricity supplied under this Agreement will be measured by the meter that will be installed and maintained by the DSO. The DSO staff, its agents or contractors will read the Meter.
4.2	The Supplier will regularly send the Customer bills for the electricity that the Customer uses, which includes any use of system charges or any other charges which are payable in connection with the Customer's use of electricity.
4.3	If either the Customer or the Supplier discovers that any Meter reading has been inaccurate or omitted, or if a reading has not been converted into charges correctly, the Customer or the Supplier, as the case may be, must pay any money that is due at the date of the next bill.
4.4	If, for any reason, it has not been possible to get Meter readings, estimated readings will be used. The Customer may also provide the Supplier with its own Meter reading by phoning 1850 337777.
4.5	If the Supplier provides electricity to the Customer but all or part of it is not registered by the Meter (due (for example) to a fault or unauthorised interference or for any other reason), the Customer must pay, at the date of the next bill, an amount equal to the charge that would have been due had the Meter registered properly.
4.6	4.6 Any penalty charges incurred by Bord Gáis Eireann in the supply of electricity to the customer will be passed through at cost by Bord Gáis Eireann.

5. Access to the Meter and Premises

5.1	The Meter and other equipment and installations (other than the Customer's own electrical installations installed beyond the Meter) belong to the DSO and must be used in accordance with the DSO's instructions. The Supplier has no responsibility for maintaining the Meter or any metering equipment.
5.2	The Customer is responsible at all times for looking after the Meter. Interference with the Meter is not permitted, whether for repairs or for any other purpose without the DSO's consent, and the Customer shall notify the DSO and/or the Supplier promptly of any defect in the Meter or if any alteration or other attention is required.
5.3	The Customer must allow the DSO, its staff, agents and contractors, and the Supplier, access to the Meter and, if required, admission to the Premises at all reasonable times and at any time in an emergency, for all purposes in connection with supplying electricity, including (but not limited to) reading, inspecting, deenergising (switching off supply), repairing and removing the Meter.
5.4	The Customer is responsible for its electrical equipment and installations beyond the Meter or for any consequences of the manner in which it uses electricity.

6. Tariffs

6.1	The tariffs offered by the Supplier to the Customer are conditional on the Customer meeting the Supplier's conditions with regard to profile class and related matters.
6.2	The tariffs offered are based on the Supplier's current schedule of tariffs which may be varied from time to time.
6.3	The current tariff structure may be obtained by contacting the Supplier in accordance with Condition 17.

7. Payment of Accounts

7.1	The Customer is responsible for paying the Supplier for all electricity used or which the Customer has been estimated to have used during the Term of the Agreement, together with any use of system charges and any other charges which are applicable (including VAT).
7.2	The Customer must pay every bill, including any estimated bill, by direct debit (or such other method as may be specified by the Supplier from time to time) within 14 days of the date of the bill.
7.3	If the Customer does not pay the Supplier any sum due under this Agreement the Customer will be liable to pay the Supplier interest from the due date for payment at the rate of 3% per month, accruing on a daily basis until payment is made.

8. Security Required by the Supplier

If required by the Supplier at any time, the Customer will furnish the Supplier with such security whether by way of deposit or guarantee, as the Supplier may require, for the payment of any monies which may from time to time become due by the Customer under this Agreement.

9. Network Emergency

9.1	If the Customer becomes aware of any matter or incident that causes danger or requires urgent attention, in relation to the supply of electricity to the Premises, the Customer should contact the DSO emergency response service immediately.
9.2	The telephone number of the DSO emergency response service is 1850 372 999.
9.3	The Supplier will, in so far as is practicable, take steps to inform the Customer of any change in the details of the emergency response service before such change becomes effective.
9.4	The Customer must refrain from using its electrical supply immediately upon being told by the Supplier or the DSO that it should do so.

10. Limitation of Liability

10.1	The Supplier will not have any liability whether in contract or tort or otherwise and whatsoever or howsoever arising in respect of or in connection with any failure of the Supplier to supply electricity or its inability to secure a supply of electricity as a result of industrial action, breaks or defects in mains, or any other reasonable cause outside of its control.
10.2	The Supplier will not have any liability to the Customer whether in contract, tort (including negligence) or otherwise for any indirect or consequential loss or economic loss suffered by the Customer as a result of the sale or supply of electricity or in connection with this Agreement.
10.3	Nothing in this Agreement will exclude or restrict the Supplier's liability for damages arising out of liability for death or personal injury arising from the Supplier's negligence.

11. Right to terminate and de-energise

11.1	This Agreement has an initial term of one year from the Commencement Date (the "Initial Term") unless terminated earlier (which date will be, in all circumstances, the "Termination Date"): by the Supplier in accordance with Condition 11.5.
11.2	At the end of the Initial Term, this Agreement will remain in force until terminated by either party giving the other party not less than 28 days' written notice of termination, expiring at any time after the end of the Initial Term, unless terminated earlier by the Supplier pursuant to Condition 11.5. The Initial Term, together with any subsequent period (if any) during which the Agreement remains in force, shall be referred to in these Conditions as the "Term of the Agreement".
11.3	The Customer will remain liable for any electricity supplied to the Premises up to the Termination Date, or, if later, the date on which the DSO has been given access to the Premises in order to read the Meter or the Customer has informed the Supplier of the Meter reading.
11.4	On termination of this Agreement, the Supplier may choose not to procure the de-energising of the Premises if satisfactory arrangements are in place to transfer liability to a person who is acceptable to the Supplier.
11.5	The Supplier may procure the de-energising of the supply of electricity and/or terminate this Agreement without notice, in the following circumstances: 11.5.1 if the Customer becomes bankrupt, insolvent, makes any voluntary arrangement with any of its creditors, if a receiver or an administrative receiver is appointed over any part of the Customer's business or property, or the Customer goes into liquidation or an examiner is appointed to the Customer; 11.5.1 if the continuation of the supply of electricity to the Customer's Premises is no longer economically viable; 11.5.3 if the Customer has not paid any monies due by it under this Agreement for 14 days or more following the expiry of the due date for payment, as described in Condition 7.2; 11.5.4 if the Customer is in material breach of these Conditions for one month or more, having received notice of such breach from the Supplier and having failed to remedy same; 11.5.5 if the Supplier considers, or the DSO informs the Supplier, that there is any risk of fire or explosion or injury to persons or property as a result of any defects or suspected defects in the supply main, service pipe, meter installation or the electrical appliances or as a result of the supply of electricity to the premises generally; or 11.5.6 if the Supplier no longer has an electricity supply licence to supply the Premises.
11.6	If requested by the Customer at any time, or if necessary for legal, technical or operational reasons, the Supplier may procure the disconnection of the supply of electricity to the Premises.
11.7	Where the supply of electricity is de-energised due to the Customer's default, the Customer will pay the Supplier all expenses incurred by it and also the cost of re-energisation, if any.
11.8	The termination of this Agreement, howsoever arising will not affect the rights and duties of either party accrued prior to termination.

12. Priority Customers

If you are an institution who depends on electricity for life support and/or would be at risk due to the loss of the electricity supply, ESB Networks maintains a Priority Services Register in the event of interruptions to the electricity supply. If you wish to join the Register please call us on 1850 405805 and we will notify ESB Networks.

13. Force Majeure

The Supplier shall not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond the Supplier's reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, the application, instruction, request, act or omission of Government, an emergency services organisation, or other competent authority, or legal or statutory obligations.

14. Data Protection

14.1	The Supplier may collect and use data relating to a Customer during the Term of the Agreement. This data will be used mainly to manage the Customer's account but may also be used for health and safety, administration, risk assessment, marketing and credit checking purposes. The Supplier may keep that data for a reasonable period after termination of the Agreement for account settlement purposes, but will not keep it for any longer than is necessary. Where the Customer changes energy supplier, the Supplier may need to pass certain data on to that new supplier to enable it to set up an account and provide the Customer with electricity.
14.2	The Supplier may disclose Customer data to third parties who act on behalf of the Supplier in connection with the activities referred to above. Such third parties are only permitted to use the data as instructed by the Supplier. They are also required to keep the data safe and secure. In the unlikely event of the Supplier being unable to provide the Customer with energy an alternative supplier may be directed to do so by the Commission. In these circumstances, the Supplier may need to pass certain data on to the new supplier to enable it to provide the Customer with electricity.
14.3	The Supplier may also share the Customer's data with other group companies.
14.4	The Supplier, its agents and/or service providers may search the files of credit reference agencies who will record the search. The Supplier, its agents and/or service providers may also share information about the way in which the Customer conducts its account with credit reference agencies.
14.5	Throughout the course of your ongoing customer/supplier relationship with the Supplier, the Customer may from time to time speak to the Supplier's employees (or those of its agents and/or service providers) by telephone. As part of its commitment to ensuring that the highest levels of service are provided to its customers, such telephone conversations may be recorded. The Supplier agrees to keep the recorded information in the strictest confidence and to use the information solely for staff training/quality control purposes, for verifying the Customer's instructions to the Supplier and for such other uses/disclosures as are referred to in this Data Protection Notice.
14.6	The Customer has the right to ask for a copy of any personal data held about the Customer (for which the Supplier may charge a small fee) and to have any inaccuracies in such personal data corrected.
14.7	Bord Gáis, members of the Bord Gáis group and/or third parties acting on behalf of Bord Gáis may wish to contact you by post, telephone or in person with information about products or services which may be of interest to you. If you do not wish to receive such information, please let us know by writing to us at Bord Gáis Energy Data Protection Opt-Out, PO Box 10310, Freepost F4062, Dublin 1 (stating your name, address and account number) or completing the Web Form on www.bordgais.ie/energysupply/dp.

15. Complaints

Bord Gáis Energy endeavours to exceed Customers expectations. However, in the event of a complaint arising we welcome your call on 1850 405805. All complaints will be registered on our system and a reference number given to you. Every effort will be made to resolve all complaints first time. Some issues by their nature take longer to resolve. Our commitment is that all complaints will be resolved within 4 weeks. If you feel your complaint has not been resolved to your satisfaction by Bord Gáis Energy then you may refer the unresolved issue to the Commission for Energy Regulation.

16. Assignment

The Supplier may assign or transfer to any other person the benefit of this Agreement or any or all of its rights and obligations hereunder without the Customer's prior written approval.

17. Contact Details

Our Customer Service Department may be contacted:

In writing to:
Bord Gáis Energy
PO Box 10943
Dublin 1

By telephone: 1850 405 805

By fax: (01) 602 1201

By e-mail: bgenergy@bordgais.ie

18. Notices

A party giving notice of termination under this Agreement shall do so in writing either by:

• pre-paid post
• electronic mail
• facsimile transmission in accordance with Clause 17 above
• hand delivery

19. General

19.1	The headings in these Conditions are for convenience only and will not affect their interpretation.
19.2	If the Supplier waives a breach of this Agreement by the Customer, that waiver shall not be considered to be or include a waiver of any subsequent breach by the Customer of the same or any other provision.
19.3	If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
19.4	The Agreement shall be governed and construed in accordance with the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction to decide any disputes arising between the Customer and the Supplier.

Conditions of Supply for Electricity Residential Customers

These are our standard conditions approved by the Commission for Energy Regulation. As a residential customer you will be deemed to have accepted these conditions and be bound by them from the time that you receive them.

We would ask you to read the Data Protection Notice in clauses 19 and 20 carefully.

1. Definitions

1.1 In these conditions the words below have the following meanings: -

"Appliances" means all apparatus which consumes electricity (including associated wiring) installed on the Premises beyond the Meter but does not include the Meter or any fittings and wiring installed up to the Meter.

"Billing Period" means a period of two months in respect of which we will issue invoices to you under this contract.

"Bord Gais" or "Bord Gais Energy" or "we" or "us" means Bord Gais Eireann, Gasworks Road, Cork, acting as an energy supplier through its supply business Bord Gais Energy, Foley Street, Dublin 1.

"Commission" means the Commission for Energy Regulation.

"Conditions" means the standard conditions of supply set out in this document.

"Contract" means the contract between you and us for the supply of electricity.

"Distribution Services" means any works carried out by ESB Networks in relation to the customer's Electricity Connection, including but not limited to the provision, installation, repair, maintenance, energisation or de-energisation or servicing of the Meter or equipment used in the distribution and supply of electricity.

"Electricity Connection" means the connection between the electricity network and the Premises up to and including the Meter.

"emergency" means an emergency endangering persons and/or property or an outage in the electrical supply arising from a fault in the electricity network.

"emergency response service" means the emergency response service operated by ESB Networks for the purposes of receiving and responding to reports of actual or suspected electricity emergencies.

"ESB Networks" means Electricity Supply Board, acting as operator of the electricity network. "last resort supply direction" means a direction given to a supplier by the Commission requiring it to make available a supply of electricity to premises previously supplied by another supplier.

"Licence" means the Licence to supply electricity granted to us by the Commission.

"Meter" means the electricity meter and related fittings and wires installed by ESB Networks for the purpose of measuring the quantity of electricity used by you on the Premises and includes any such meter or meters of any type supplied to you at any time at the Premises.

"MRSO" means the Meter Registration Service, a body run by ESB Networks which maintains the register of all electricity meter points in Ireland.

"network" means all of the transmission and distribution wires used for the transmission, distribution and supply of electricity to, from or within Ireland.

"Premises" means the premises specified in the application for electricity supply completed by you or such other premises as may be notified by you to us and accepted by us from time to time.

"Priority Support Customers" means customers who are reliant on electrical home medical equipment, both life supporting and non life supporting.

"special services customers" means customers who are of pensionable age (aged 66 and above), hearing, sight or mobility impaired or as defined by the Commission from time to time.

"tariff structure" means our list of current tariffs and the pricing structure applicable to each.

"you" means you the customer who has entered into the Contract for the supply of Electricity to the Premises.

1.2 References in the Conditions to a document shall be references to such document as amended or replaced from time to time.

2. Sale and Supply

• (a) We will sell and supply electricity to you at the Premises subject to these Conditions until the Contract is ended by either of us in accordance with Condition 12 (Termination).
• (b) If we do not already supply the Premises, we will begin supplying the Premises on the date the MRSO notifies us we are the Supplier and the Contract will commence on that date.

3. Metering and Billing

• (a) The electricity supply will be measured by the Meter and metering equipment that will be installed and maintained by ESB Networks. ESB Networks staff, its agents or contractors will read the Meter.
• (b) In between readings of the Meter, estimations of your electricity consumption may be made by ESB Networks. An estimated meter read will be calculated having regard to a number of factors including (but not limited to) prior electricity usage at the Premises, the time of year and the nature of the Premises.
• (c) We will regularly send you bills for the electricity that you use. Your bill may also include charges for services that we have agreed to supply to you and will include VAT.
• (d) If you or we discover that any Meter reading has been inaccurate or omitted, or the readings have not been converted into charges correctly, you or we, as the case may be, must pay any money that is due at the date of the next bill.
• (e) If we have not been able to get Meter readings for any reason, we will use estimated readings. You can also provide us with your own Meter reading by phoning 1850 22 22 55.
• (f) If we supply electricity to you but all or part of such electricity supplied is not registered by the Meter (due to a fault or unauthorised interference or any other reason), you must pay an amount equal to the charge that would have been payable had the Meter or metering equipment been working properly.
• (g) The reading shown by the Meter will be taken as evidence of the quantity of electricity supplied to you subject to clauses (d) and (f) above.
• (h) Further information on your bill can be obtained in our code of practice on billing entitled "Bill Payment" and may be obtained by contacting us in accordance with Condition 17.

4. Access and Distribution Services

• (a) All equipment and installations up to and including the Meter belong to ESB Networks and must be used in accordance with ESB Networks's instructions. Bord Gáis Energy has no responsibility for maintaining the Meter or any metering equipment or associated wiring.
• (b) You agree to be bound by any conditions given to you by ESB Networks or by us on behalf of ESB Networks regarding your Electricity Connection and any related matters.
• (c) You are responsible at all times for having due care towards the Meter. You will not interfere or allow any interference with the Meter, whether for repairs or for any other purpose without ESB Networks's consent, and shall notify ESB Networks and/or us promptly of any defect in the Meter or if any alteration or other attention is required.
• (d) You may request ESB Networks to carry out Distribution Services at the Premises.
• (e) We may request that Distribution Services are carried out at the Premises such as de-energisation, re-energisation or servicing of the Meter.
• (f) You are responsible for all costs (including VAT) associated with the Distribution Services. This includes any costs incurred as a result of the cancellation of the Distribution Services by you or because of your default. You are also responsible for any fees payable where ESB Networks visits the Premises to carry out the Distribution Services at a time agreed with you, but is unable to do so due to your default.
• (g) ESB Networks (and when appropriate Bord Gáis Energy) will inform you at the time that you request the Distribution Services of the cost and payment terms of the Distribution Services including who will invoice you for those services.
• (h) You must allow ESB Networks and its contractors, sub-contractors and their employees, servants or agents safe, free and unrestricted access to the Meter and, if required, safe, free and unrestricted admission to the Premises at all reasonable times. This includes (but is not limited to) reading, inspection, repair and removal of the Meter and any other Distribution Services that you request ESB Networks to carry out at the Premises.
• (i) You must allow ESB Networks access to the Premises or Meter at any time in the case of any electrical emergency.
• (j) You will also allow us a right of entry to the Premises for all reasonable purposes at all reasonable times and at any time in the case of an emergency.
• (k) If you fail to comply with Condition 3or 4 and this frustrates or delays payment for the electricity used by you, we will be entitled to treat this as a neglect or refusal to pay for the purposes of the Conditions.

5. Price of Electricity

• (a) The price of the electricity supplied by us is set out in our tariff structure, which is published by us from time to time.
• (b) Our up-to-date tariff structure is displayed on our website or it may be obtained by contacting us in accordance with Condition 17.
• (c) We are entitled to change the price charged once we have informed you either by the publication of an advertisement in any national daily newspaper or by sending notice of the change to you by post. Any such advertisement or notice will state the date from which the change is to become effective.
• (d) You may get advice from us on choosing a tariff but you are responsible for making the decision on what tariff best suits your needs. In the event that you have chosen the incorrect tariff for you, BGES will not be held accountable for this or any charging that has occurred due to your incorrect selection. To change your tariff please telephone us on 1850 22 22 55.

6. Payment of Accounts

• (a) You must pay us the cost of the electricity consumed at the Premises, or which we have estimated that you have consumed during the Billing Period (plus VAT), and any supply charge which may be applicable to the tariff you have chosen. Unless we have agreed otherwise, every bill, including an estimated meter read, is payable on the date specified in the bill. You must also pay us for any amount specified on the bill for other services that we have agreed to provide to you.
• (b) You must pay us for any Distribution Services that we or you have requested be carried out at your Premises and for which we have been charged by ESB Networks. This includes (but is not limited to) the de-energisation or re-energisation of the Meter.
• (c) Your liability to pay for the electricity used at the Premises (plus VAT) together with any supply charges which may be applicable to the tariff you have chosen and any amount specified on the bill for other services that we have agreed to provide to you continues until all sums due are discharged by you.
• (d) If you have changed from another supplier, you agree to pay any outstanding charges transferred to us by the other supplier (including VAT).
• (e) You must pay us by one of the methods set out on our website, on the back of your bill or as set out in our Code of Practice entitled "Bill Payment".
• (f) If you do not pay us any sum due under the Contract you will be liable to pay us interest from the due date for payment at a daily rate equal to 2% above the Bank of Ireland AAA Overdraft Rate then in force or, if there is no such rate, then an equivalent rate, accruing on a daily basis until payment is made.
• (g) A copy of our Code of Practice entitled "Bill Payment" may be obtained by contacting us in accordance with Condition 17.

7. Security

If we decide it is required at any time, you must provide us with security cover (the form of this to be decided by us). This is for the payment of any monies which become due by you under the Contract. Any security cover provided to us which is in the form of a cash deposit will be repaid to you when you close your account provided all sums due have been paid or within a certain period provided you have satisfied our payment terms on a continuous basis.

8. Special Services Customers and Priority Support Customers

• (a) We will provide certain services to our customers who require special services or priority support in relation to their electricity usage. Details of these special services are set out in our Codes of Practice for special services customers and priority support customers which may be obtained by contacting us in accordance with Condition 17.
• (b) We maintain a register of special services customers and priority support customers. If you wish to be treated as a special services customer or priority support customer and receive the services as set out in our Codes of Practice, you must give us the necessary information that we require to compile these registers and we agree that we will not disclose this information except to ESB Networks who require the information to perform certain services for you and in accordance with these Conditions and the law.

9. Electricity Emergency

In the event of and for the duration of an electrical emergency:

• (a) we may at the request of the emergency response service or ESB Networks discontinue the supply of electricity to the Premises; and
• (b) you must refrain from using electricity immediately upon being told by us or ESB Networks that you should do so.

10. Emergency Response Service

• (a) The Emergency Response Service is operated by ESB Networks on behalf of all customers.
• (b) The 24-hour telephone number of the emergency response service is 1850 372 999.
• (c) We will, in so far as is practicable, take steps to inform you of any change in the details of the emergency response service before such change becomes effective. In any event the up-to-date information about this service will be displayed on our website (www.bordgaisenergy.ie), or may be obtained by contacting us in accordance with Condition 17.

11. Limitation of Liability

• (a) We will not be responsible for any loss or damage sustained by you in respect of any failure by us to supply electricity as a result of our inability to secure a supply of electricity, industrial action, breaks or defects in mains, or any other reasonable cause outside our control.
• (b) We will not be liable to you under this agreement in contract, tort (including negligence) or otherwise for any indirect or consequential loss or economic loss suffered by you as a result of the sale or supply of electricity or in connection with this agreement.
• (c) We will not have any liability howsoever arising in respect of, or in connection with, any failure of the services provided by ESB Networks, your Electricity Connection or any Distribution Services.
• (d) The Customer accepts liability for the care and maintenance of the Appliances and associated wiring at the Premises.
• (e) We accept no liability arising in relation to your Appliances, the associated wiring or the maintenance of the Appliances or associated wiring.
• (f) Nothing in this agreement will exclude or restrict our liability for damages arising out of liability for death or personal injury arising from our negligence.

12. Termination

• (a)
  • (i) You may end this agreement by giving us 28 days notice by telephone or by writing to us (in accordance with Condition 17) and by paying the amount due for all electricity used up to the date of such termination and for any other charges and obligations in your tariff or services that we have agreed to provide to you under this Contract.
  • (ii) You will remain liable for any electricity used in the Premises until this notice is given and has expired AND you have either a) informed us of the Meter reading and you have provided us with the name of the incoming customer OR b) you have given access to ESB Networks to read the Meter and you have provided us with the name of the incoming customer. If you cannot provide us with the name of the incoming customer, you must give ESB Networks access to the Premises to lock the Meter and discontinue the supply of electricity to the Premises. In this case, you will remain liable for any electricity used until the Meter is de-energised.
  • (iii) In the event of your death, either your Personal Representative, or the occupiers for the time being of the Premises, or both of them together, will be liable for any continued supply of electricity to the Premises until a new contract is entered into for the supply of electricity to the Premises or until this Contract is terminated.
• (b) We may end this Contract in the following circumstances:-
  • (i) On giving you three months notice in writing where the continuation of the supply of electricity to your Premises is no longer economically viable.
  • (ii) If you have not paid any monies due by you under this Contract and we have followed our policy in our Code of Practice on Bill Payment in attempting to recover these monies.
  • (iii) If you continue to be in breach of these Conditions for one month or more, having received notice of any such breach from us.
  • (iv) Without notice, if the emergency response service or ESB Networks informs us that there is any risk of injury to persons or property as a result of any defects or suspected defects in the electrical network, meter installation or the Appliances.
  • (v) Without notice, if we consider that there is any risk of injury to persons or property by reason of any defects or suspected defects in the electrical network, meter installation, or your internal installations up to and including the Appliances.
  • (vi) Without notice, if we no longer have a Licence to supply your Premises.
  • (vii) Without notice, if a last resort supply direction is given to another supplier in respect of the Premises, and the Contract will end on the date that the direction takes effect.
• (c) The ending of the Contract, will not affect any rights or duties which have accrued to you or us prior to the Contract ending.
• (d) Where the supply of electricity is disconnected due to your default, you will pay us all expenses incurred and also the cost of de-energisation and of subsequent re-energisation, if any.
• (e) Further information in relation to our policy and procedures for causing premises to be disconnected from the electricity network is set out in our Code of Practice on Bill Payment which may be obtained by contacting us in accordance with Condition 17.

13. Complaints

• (a) You may make a complaint in relation to any issue arising under this Contract by contacting our Customer Service Department in accordance with Condition 17.
• (b) Any complaints made by you will be dealt with by us in accordance with our Code of Practice for dealing with customer complaints. You may obtain a copy of this code by contacting us in accordance with Condition 17.

14. Variation of General Conditions

• (a) We may amend, vary or add to these Conditions at any time on giving you ten (10) days notice in writing. This notice will indicate where you may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to you, you may end the Contract in accordance with Condition 14(a) (the unvaried Conditions applying during the seven day notice period) otherwise you will be deemed to have accepted the new Conditions.
• (b) The Conditions shall be displayed on our website, or may be obtained by contacting us in accordance with Condition 17.

15. Assignment

We may assign or transfer to any other person the benefit of this Contract or any or all of our rights and obligations hereunder without your prior written approval. You may not assign this Contract without our consent.

16. Notices

• (a) Except in the case of a change in the price of the electricity charged by us which shall be notified to you in accordance with Conditions 5(c) we will have given you proper notice:
  • (i) if we send the notice by post to your last known address on the second day after the date it was posted; or
  • (ii) if we address the notice to some or all customers in an advertisement. Notices may be included in any other communication we send you.
• (b) You will have given us proper notice if you send the notice by post addressed to us at our principal office in accordance with Condition 17.

17. Contact Details

• (a) Our Customer Service Department may be contacted:
  • (i) In writing:
    Customer service
    Residential electricity
    Bord Gáis Energy
    PO Box 10943
    Dublin 1
  • (ii) By telephone: 1850 22 22 55
  • (iii) By telephone (outside Ireland) 00353 1 602 1550
  • (iv) By fax: 1850 22 22 52
  • (v) By e-mail: elecinfo@bordgais.ie
  • (vi) Minicom: 1850 22 22 53
  Certain information as provided in the Conditions may also be obtained on our website at www.bordgaisenergy.ie
• (b) This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on our website and on your bill.

18. Bord Gais Energy Codes of Practice and Customer Charter

• (a) We have 5 Codes of Practice covering Complaint Handling, Marketing, Bill Payment, Special Services Customers and Priority Support Customers which set out the way we do our business in each of these areas and the services and levels of service you can expect. To obtain a free copy please call us on 1850 22 22 55 or visit our website at www.bordgaisenergy.ie
• (b) We have a Customer Charter which sets out our customer service commitments and our 6 guaranteed service standards. To obtain a free copy please call us on 1850 22 22 55 or visit our website at www.bordgaisenergy.ie

19. Data Protection Notice

• (a) In order that Bord Gáis may provide you with an effective service, it is necessary for Bord Gáis to collect and use data relating to you while you are being supplied with electricity. This data is used mainly to manage your customer account and for operational reasons, including for example, visits to your Premises, works required at your Premises and construction and maintenance activities. In addition, data relating to you may be used for health and safety, administration, risk assessment, marketing and credit checking purposes. Bord Gáis may keep your data for a reasonable period after you cease to be supplied with electricity but will not keep it for any longer than is necessary and/or as required by law.
• (b) Bord Gáis may disclose your data to other members of the Bord Gáis group and agents who act on behalf of Bord Gáis in connection with the activities referred to above. Such agents are only permitted to use your data as instructed by Bord Gáis. They are also required to keep your data safe and secure. In the unlikely event of our being unable to provide you with electricity, an alternative supplier may be directed to do so by the Commission. In these circumstances, we may need to pass certain data on to the new supplier to enable it to supply you with electricity.
• (c) From time to time you may speak to employees of Bord Gáis (or agents acting on its behalf) by telephone. To ensure that Bord Gáis provides a quality service, your telephone conversations may be recorded. Bord Gáis Energy will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with Bord Gáis or any other purposes mentioned in this Notice.
• (d) To support a competitive electricity market, the Meter Registration System Operator (MRSO) is responsible for maintaining a central register of electricity customers and their suppliers. When you first set up your account, Bord Gais will pass on your name, address and meter point unique identifier to the MRSO for inclusion in the central register. Your data will only be used by the MRSO to match your meter point unique identifier to Bord Gais and to facilitate the change of supplier process if you move to a new electricity supplier.
• (e) You have the right to ask for a copy of your personal data (Bord Gáis is entitled to charge a nominal administration fee for this). If you wish to avail of this right, you should submit a written request to: Bord Gáis - Data Protection Officer, P.O. Box 51, Gasworks Road, Cork. In order to protect your privacy, you may also be asked to provide suitable proof of identification. If any of your details are incorrect please let us know and we will amend them.

20. Marketing

Bord Gáis, members of the Bord Gáis group and/or agents acting on behalf of Bord Gáis may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services (relating to gas, electricity or other products and services, including those offered by third parties) which may be of interest to you. Please follow carefully the instructions below to ensure that your marketing preferences are respected.

If you do not wish to be contacted by e-mail or text message with information about BGE products and services which relate to the supply of electricity or gas, please exercise your right of opt-out as described below.

If you do not wish to be contacted by post, telephone or in person with information about BGE products or services, including those offered which may not relate to the supply of electricity or gas, please exercise your right of opt-out as described below.

How to exercise your right of opt-out

You can exercise your right of opt-out by either:

• writing to us at: Bord Gáis Energy
  Data Protection Opt-out
  PO Box 10310
  Freepost F4062
  Dublin 1
• OR
• completing the Web Form on www.bordgaisenergy.ie/dp

21. General

• (a) The headings in these Conditions are for convenience only and will not affect their interpretation.
• (b) If we waive a breach of the Contract by you, that waiver shall not be considered to be or include a waiver of any subsequent breach by you of the same or any other provision.
• (c) If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
• (d) The Contract shall be governed and construed in accordance with the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction to decide any disputes arising between us and you.