1 Definitions and Interpretation
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General Terms and Conditions for the supply Alfred Street, Belfast, BT2 8EN (contactable Ireland) Order 2003, relevant European of natural gas by Firmus Energy (Supply) by calling 02890 251 600, emailing info@ directives and/or regulations, the Network Code Limited (trading as “firmus energy”) to any consumercouncil.org.uk, visiting www. and the Licence (each as may be amended or customer (both domestic and non-domestic) consumercouncil.org.uk, or visiting its re-enacted from time to time); registered office); who uses up to 732,000 kilowatt hours of “Energy Act” means the Energy Act (Northern gas per year (“General Conditions”). “Conversion Works” means such works as Ireland) 2011; “Codes of Practice” means the codes required may be required to convert the Appliances at The following are the standard terms and in accordance with our Licence governing (i) the Supply Address to operate on Gas; “Equipment” means the Meter and associated conditions for the supply of Gas by firmus the Efficient Use of Natural Gas, (ii) Provision equipment and installations installed or to be energy for any Customer using up to 732,000 of Services for persons who are of Pensionable “Customer”, “you”, “your” means: (i) any installed at the Supply Address to allow for the kWh of Gas per year. These General Conditions Age, Disabled or Chronically Sick, (iii) Marketing, person or company who enters into the supply of Gas to the property at the Supply apply to any Customer who is supplied up to (iv) Payment of Bills (v) Services for Prepayment Agreement with the Company for the supply Address, including but not limited to associated 732,000 kWh of Gas under a Deemed Contract. Meter Customers and (vi) Complaints Handling; of Gas to the Meter Point; or (ii) any person pipework, regulator, filters, valves, seals and These General Conditions are in addition to the or company who uses Gas supplied by us. If mountings in order to connect the Supply prevailing Tariff and any terms and conditions “Commencement Date” means the earlier of: more than one person or company enters into Address to the Network and measure and specific to the service you have chosen (as (i) the date on which we shall commence the the Agreement or uses Gas supplied by us, the control Gas at the Supply Address; amended from time to time). supply of Gas to you; and (ii) the date on which term ‘Customer’ shall apply to each person or you request us to supply Gas to the Supply company and each will be jointly and severally “Force Majeure” means any occurrence or Firmus energy shall sell and the Customer shall Address; liable to the Company under the Agreement; circumstance beyond the control of either buy Gas subject to, and in accordance with, Party resulting in or causing failure of a Party these General Conditions. “Commissioning Supplier” means the “Customer’s side of the Meter” means to fulfil its obligations under the Agreement, Supplier who, in accordance with the everything from the Meter outlet through to notwithstanding the exercise by that Party 1 Definitions and Interpretation requirements of the Network Code, will supply the Appliances situated at the Supply Address, of the standard of a reasonable and prudent 1.1 The defined terms used in these General a newly connected domestic customer with excluding the Meter but including the Meter operator. Without limitation to the generality of Conditions shall have the following meanings: Gas for a minimum of 15 Business Days and cabinet (where applicable); the foregoing, it is acknowledged that any event continue to do so until your preferred Gas or circumstance that qualifies as Force Majeure “Agreed Payment Method” means direct debit Supplier, if different, successfully registers the “Deemed Contract” means a contract under the Connection Policy or the Network or electronic transfer (or such other payment connection with the Network Operator; between you and firmus energy for the supply Code shall be deemed to be Force Majeure in method as may be specified by the Tariff or by of Gas pursuant to section 12 of the Energy Act the Agreement; firmus energy from time to time); “Company”, “we”, “us”, “our”, “firmus energy” (as defined below); means Firmus Energy (Supply) Limited (whose “Gas” has the definition given to it in Article 3 “Agreement” means your application to us for registered company is 05369108 and whose “Deemed Contract Scheme” means the of the Gas Order; the supply of Gas (if any) which you have either registered office is situated at 6th floor, Old firmus energy scheme for determining the signed or agreed on the telephone or online, Jewry, London, EC2R 8DU) (or its successors or terms and conditions of its Deemed Contracts “Gas Order” means the Gas (Northern Ireland) together with these General Conditions, any assigns (as applicable); pursuant to condition 2.1 of the Licence; Order 1996, as amended from time to time; Special Conditions and the Tariff but excluding, for the avoidance of doubt, the Connection “Competent Authority” means without “Deemed Contract Tariff” means the tariff “Gas Safe Register” means the official Gas Policy; limitation, any local or national or supranational applicable to any Deemed Contract, as specified registration body for Northern Ireland, as agency, authority, department, inspectorate, by us from time to time; appointed by the Health and Safety Executive “Appliances” means all cookers, boilers, minister, ministry, official, court, tribunal, for Northern Ireland or its successors and heaters and other appliances installed at the regulatory body or public or statutory person “Default Supplier” means the Supplier who, assigns from time to time (as applicable); Supply Address on the Customer’s side of the (whether autonomous or not) of the United in accordance with the requirements of the Meter; Kingdom government, the Northern Ireland Network Operator, will supply an industrial or “Gas Safe Registered” shall apply to each Assembly or of the European Union which has commercial customer with Gas. In the event engineer on the Gas Safe Register; “Authority” means the Northern Ireland jurisdiction over either firmus energy or you that your chosen Supplier has failed to advise Authority for Utility Regulation or its successors and any aspect of the subject matter of the the Network Operator that it is your chosen “Guaranteed Standards of Service” or assigns; Agreement; Supplier, the Default Supplier will supply Gas means such documents as are published by to you for a minimum of 15 Business Days us in accordance with the Gas (Guaranteed “Business Day” means a day other than a “Connection Policy” means the agreement and continue to do so until your chosen Gas Standards of Service) Regulations (Northern Saturday, Sunday or public holiday in Northern between the Network Operator and the owner Supplier, if different, successfully registers the Ireland) 2014 which explain the individual Ireland when banks in Belfast are open for of the property at the Supply Address for connection with the Network Operator; standards of performance you can expect from business; connection of the Meter Point at the Supply us and the compensation you could receive if Address to the Network; “Enabling Legislation” means any act of we fail to deliver these standards. “CCL”, “Climate Change Levy” means the tax parliament, regulation, licence, rule or directive on energy delivered to specific users in the UK “Consumer Council” means the Consumer of a Competent Authority, regulating the supply “Guarantor” means any person who has as more particularly specified by HM Revenue Council for Northern Ireland whose registered of Gas in Northern Ireland, including the Gas agreed to provide a guarantee on behalf of the and Customs from time to time; office is situated at Seatem House, 28-32 Order, the Energy Act, the Energy (Northern Customer in accordance with the terms set out 1 2 in clause 8 of these General Conditions; the Supply Address in accordance with Article Tariff together with the current price for any “Website” means www.firmusenergy.co.uk. 8 of the Gas Order. The current Network Pass Through Charges and the current price for 1.2 The headings used in these General “Last Resort Supply Direction” means a Operators in Northern Ireland are Firmus any other standing charges, as such prices may Conditions are for convenience only and will not direction given by the Authority to a Supplier Energy (Distribution) Limited (company number be amended from time to time in accordance affect the interpretation. requiring it to make available a supply of Gas 05375370), Phoenix Natural Gas Limited with this Agreement; 1.3 Reference to a person includes a natural to premises previously supplied by another (company number NI032809) and SGN Natural person, corporate or unincorporated body Supplier; Gas Limited (company number 08822715); “reasonable and prudent operator” means (whether or not having separate legal a person, firm or body corporate seeking in personality). “Licence” means any licence granted to us by “Network Operator’s side of the Meter” good faith to perform its contractual obligations 1.4 A reference to a Party includes that Party’s the Authority for the supply of Gas, as may be means everything from the Network up to and in accordance with the Agreement and in so personal representatives, successors or amended from time to time; including the Meter, but excluding the Meter doing exercising the degree of care, diligence permitted assigns (where applicable). cabinet; and foresight reasonably and ordinarily 1.5 A reference