Terms & Conditions for Supply

SCHEDULE 1

Terms and Conditions for Supply of Electricity: 3T Power Limited

1. Scope of Agreement

This document sets out the terms and conditions (“Terms and Conditions”) for the supply of electricity by 3T Power Ltd, a company having it’s registered office at 1 Davies Road, Newtownstewart, Co Tyrone BT78 4NH (“3T Power / we / us”) to a person or entity (“you“) and for the payment for such electricity by you to us.  These Terms and Conditions together with the Electricity Supply Contract (the “Supply Contract”) that applies to your supply form the legally binding contract (“Agreement“) between you and us.

As your supplier, we arrange for delivery of electricity to your premises.  Northern Ireland Electricity Networks Limited (the “Network Operator”) is responsible for the quality and continuity of your supply and you have a separate contract with them.  Please refer to section 19 below for more information about the role of the Network Operator.

You must read these Terms and Conditions in conjunction with your Supply Contract, which must be signed by both parties in order to confirm the Agreement.

2. When this Agreement starts

The Agreement starts from the date specified on the Supply Contract.

3. Variations to this Agreement

We may vary these Terms and Conditions at any time by notifying you in writing with not less than 30 days’ notice before such changes take effect. No variation of these Terms and Conditions by you shall be permitted unless consented to and confirmed in writing by us.

4. Ending this Agreement

The duration of this Agreement is as specified on the Supply Contract. Either party may, subject to 20 working days written notice being given before the end date as specified on the Supply Contract, indicate their intention to terminate this Agreement on the end date. Where no written notice is provided by either party or no new Agreement has been signed, 3T Power will apply on a rolling calendar month basis the rates and charges applicable to our non-domestic variable term customers whose annual consumption exceeds the threshold specified by the Authority. Those rates and charges will continue to apply until either party serves written notice indicating their intention to terminate this Agreement or until a new Agreement has been signed.

If you end this Agreement before the end date specified on the Supply Contract you must still pay us the projected costs until the end date together with our reasonable administration costs associated with early termination.

In order to supply electricity, we require an electricity supply license.  If we lose our license, we may end this Agreement immediately.  In certain circumstances, in order to make sure you do not lose supply, the Authority may direct another supplier to take over your account from us.  If this happens, this Agreement with us ends automatically when the Authority’s direction takes effect.

When this Agreement ends, you are still liable to pay any amounts you owe us.

5. Price and payment

Subject as provided herein, You agree to take and pay for the supply of electricity in accordance with the rates and charges as stated on the Supply Contract.  In the event of any information provided by the Customer or their Agent being incorrect, 3T Power reserves the right to reassess and vary the charges as stated on the Supply Contract as appropriate. You agree that we shall pass through to you all Third Party Costs incurred by us in relation to your electricity supply and that the unit price you will pay for the electricity supplied by us will vary depending on the level of such Third Party Costs. Any projections of future costs provided by us to you in relation to your electricity consumption are therefore subject to change.

You will receive bills from us for your electricity usage.  We may estimate your usage using your consumption history and standard industry practice and ask you for payment based on an estimated meter reading.  We will do this when the meter reader fails to get access to your meter during a visit to your premises and you are unable to provide us with a reading before the bill is issued (usually 24 hours).

The rates and charges stated on the Supply Contract may be varied by us at any time during this Agreement:

(1) with immediate effect to reflect any changes in wholesale electricity prices, commodity prices or other input costs including but not limited to commodity fuel cost, financial cost, cost items included in wholesale electricity prices or any other input costs or resulting from any change in regulation or law or as a result of any action by any government or regulatory authority. The amount charged may include any costs, expenses or loss incurred by us in connection with any associated agreement with a broker, introducer, consultant, agent or other intermediary. We shall be entitled to vary the Standing Charge, the Pass Through Charges and/or any other cost or charge component of rates and charges stated on the Supply Contract from time to time to reflect any change in law or as a result of any action by the government, regulatory authority, Network Operator or otherwise, including but not limited to any changes in third party charges incurred by us in connection with the supply of Electricity under this Agreement and/or any changed or discontinued rebates and energy efficiency related costs or charges; or

(2) in accordance with section 3 of these Terms and Conditions, to reflect any increase in any element of the costs to us of providing the supply of Electricity that are not within our reasonable control, including but not limited to: (i) any variation in the use of system charges or transportation charges made by a distributor; (ii) where there are abnormal or excessive costs incurred in meter reading.

If the rates and charges stated on the Supply Contract are varied in accordance with this section, we will:

(1) notify you of the changes to such rates and charges as soon as reasonably practicable but prior to issue of the next invoice after the increase comes into effect. Such changes shall take effect from the date specified by us in such notification;

(2) use our reasonable endeavours to ensure that such changes are reasonable and fair and are reflective and proportionate to the additional costs, expenses or charges incurred by us, if any, in supplying electricity; and

(3) only increase the rates and charges stated on the Supply Contract for such period or periods of time as any additional costs, expenses charges as are incurred by us such as to cause the variation, persist.

Where you have agreed to Contract on a Variable pass through price, the price charged shall be an accumulation of the following:

• The cost of electricity purchased from any of the following markets with a fully traceable trading record available on request as back up:
  • Day ahead
  • Intra-day or
  • Balancing
• All Regulator approved charges and
• The agreed Supplier management fee

Where we have used an estimated meter reading for a bill, you can call our Customer Helpline to submit a reading and we will issue a new bill.

If for any reason the meter does not register electricity usage accurately, you agree to pay an amount that reasonably reflects the amount of electricity you have used.  If you disagree with our estimate of your electricity usage, you may wish to contact us at our Customer Helpline or alternatively refer the matter to the Consumer Council.

You agree to pay our other charges relating to your supply, including:

• reasonable charges for providing copy bills where requested by you
• if you are late paying
• if work has to be carried out at your meter as a result of you tampering or interfering with the meter
• other reasonable costs that arise if we have to take action because you break the terms of this Agreement.

We will apply VAT at the appropriate rate.  If you do not use your supply wholly for non-domestic purposes, it is your responsibility to give us the information we need to apply VAT at the correct rate.  Please call our Customer Helpline if you would like a copy of our guide to VAT on electricity supplies.  You can also contact us by emailing info@3tpower.com or visiting our website at www.3tpower.com

If your supply is subject to VAT at the higher rate, then the Climate Change Levy may also be applicable.  If you have been granted relief from Climate Change Levy through one of the government approved schemes you shall send the Supplier Certificates to 3T Power Ltd, 1 Davies Road, Newtownstewart, Co Tyrone BT78 4NH at least five working days prior to their application. Relief from Climate Change Levy cannot be backdated and we cannot accept any liability for late receipt of Supplier Certificates.

6. Paying for supply

All bills are due on the date of issue.  Please make sure that we receive payment in full within 21 days of the bill date unless we have agreed a different payment arrangement with you.  Please tell us immediately if you have difficulty paying.

If any amount payable by you is in genuine dispute, you must pay to us the amount that is not in dispute.  When the matter has been settled, we may adjust the amount owed by you as a result.  If you have an account with us at other premises, we may transfer any credit or debt between your accounts in order to recover any money you owe us.

7. Late payment

If you do not pay our bills, we will take steps to recover money you owe us.  We may charge you for the costs of collecting payments, which may include:

• where we visit your premises
• where we get a warrant of entry and carry it out, and where we incur any tracing costs
• where your bank returns a cheque to us unpaid, or rejects a direct debit, because there is not sufficient money in your account.

We may charge you interest for late payment. Without prejudice to our statutory right to claim interest or other compensation for late payment we will calculate interest on overdue accounts on a daily basis that is three percentage points per annum above the base lending rate of Bank of Ireland.

8. Security deposit

We may ask you to pay a deposit as security against payment for your electricity or ask you to make payments by direct debit.  If you do not wish to provide a deposit or pay by direct debit we may refuse to supply you.

If you owe us money and are ending this Agreement, we may keep any deposit you have paid and use this to reduce any debt you owe us.  The amount we keep will not be more than the amount you owe us. Any money received from you as a deposit and not used to reduce any debt you owe us will be returned:

• within 28 days of supply ending under this Agreement
• if you subsequently choose to pay for your electricity by monthly direct debit, provided you have confirmed the address to which cheques should be sent or details of the account to which payment should be made.

We will pay interest on the deposit when it is returned to you at the Bank of Ireland base interest rate.

9. About your electricity meterYour electricity meter is owned, serviced and read by Northern Ireland Electricity Networks Limited (the “Meter Provider”).  We are not responsible for any damage caused by the meter or by any representatives of the Meter Provider who may attend at your premises in connection with the meter and you should contact the Meter Provider in such circumstances.

   The meter must be in a safe, secure and weatherproof position.  If it is not, or is not easy to access, you must agree a suitable position with the Meter Provider and make arrangements for the meter to be moved.

   Metering equipment is presumed to be accurate.  You should notify us, or the Meter Provider without delay if you do not accept its accuracy.  Where such notification is given the metering equipment will be examined as soon as practicable.  You should also notify us, and the Meter Provider without delay if you believe that there has been damage to or interference with the metering equipment.  You agree to provide us with all relevant information, which we may reasonably require.

   You must allow the Meter Provider safe access to the meter at any time in an emergency.  You must also provide access to the meter at all reasonable times to enable the Meter Provider to:

• install, repair, remove or replace the meter
• read, test or inspect the meter
• cut off or reconnect your supply.

10. Meter charges

You agree to pay us those charges that we are required to pay to the Meter Provider or incur ourselves where work is carried out at the meter, including but not limited to:

• damage to a meter if the damage is your fault
• carrying out a meter accuracy test if you ask for this and we do not find a fault with the meter
• warrants of entry that may have to be applied for
• visits to your premises relating to inspecting or changing your meter.

You shall provide appropriate ancillary equipment including a permanent, functioning communications facility. You agree to pay us all reasonably incurred costs that we may charge you for failure to ensure such a provision.

11. Cutting off your electricity supply

We reserve the right to cut off your supply in the following circumstances.

• you have broken the terms of this Agreement
• you refuse to provide a security deposit when we ask you to and you do not choose to pay by direct debit if requested by us
• it is not reasonable, in all the circumstances, for us to supply you
• you refuse to provide us with all the details that we require to register you for a supply.

You must pay any reasonable costs we ask for if we have to cut off your supply for any of these reasons.  Costs may include the cost of visits to your premises.  Provided it is reasonable for us to supply you, we will reconnect your supply when the matter has been resolved.  You must pay us any reasonable costs for the reconnection.

We may also cut off your electricity supply if we have to do so by law or in an emergency.  Your supply may also be cut off by the Network Operator from time to time, for example, to carry out repairs or maintenance to the network.  We may ask the Network Operator to cut off supply on our behalf.

12. Resolving a dispute

If you are unhappy with any aspect of our service we shall seek to resolve any matters raised by you through discussion. If we are unable to resolve your complaint you shall refer the matter to mediation in accordance with the model mediation procedures published by the Centre for Effective Dispute Resolution. The Agreement shall continue during the dispute resolution process.

13. Legal liability

We will only be liable to you for direct losses resulting from us breaking the terms of this Agreement, negligence, or breach of statutory duty.  You will only be liable to us for direct losses resulting from you breaking the terms of this Agreement or negligence.

Neither of us is liable to the other for any indirect, consequential or unforeseeable loss, nor for business losses including any loss of profit, loss of goodwill or loss of opportunity.  However, this does not affect our right to charge you as described in this Agreement.

14. Limit of liability and Insurance

Our liability to you shall be limited to £10,000 for any incident or series of related incidents.  Your liability to us shall also be limited to £10,000 for any incident or series of incidents.

However, this does not affect our right to charge you as described in this Agreement. If you think your loss is likely to exceed £10,000, you may wish to consider taking out an insurance policy.

15. Other legal rights

Nothing in this Agreement affects legal liability of either of us for causing death or personal injury by negligence.  In addition, this Agreement does not affect your legal rights.

16. Force Majeure

For the purposes of this Agreement, “Force Majeure” means, in relation to a party, any of the following events or circumstances not within a party’s reasonable control which prevents the performance of this Agreement by that party: (a) acts of terrorists; (b) war declared or undeclared, threat of or preparation for war, civil war, civil commotion, blockade, imposition of sanctions, embargo, or breaking off of diplomatic relations, revolution, riot, insurrection, invasion or armed conflict; (c) sabotage or acts of vandalism, criminal damage or the threat of such acts;(d) natural disasters and phenomena including flood, drought, earthquake, or any other significant adverse weather phenomena, or any epidemic or pandemic; (e) acts of national, local or foreign governmental authorities or courts; (f) labour, trade dispute, strikes, industrial action and other similar actions involving or affecting supply of the service, provided same is not occasioned by the Party seeking to rely on this clause or companies in the same group as that Party; (g) nuclear, chemical or biological contamination or sonic boom; (h) collapse of buildings, fire, explosion or accident; (I) any law or any action taken by any government or public authority affecting the supply of Energy, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (j) events affecting a supplier of the Party that would have constituted Force Majeure under this Agreement; (k) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and (l) interruption or failure in the supply of electricity of the Network Operator.

If the Force Majeure continues for more than thirty (30) calendar days, either party may terminate this Agreement by giving seven (7) calendar days’ written notice to the affected party.

Neither party shall be responsible for failure or delays in carrying out any of its duties under this Agreement to the extent to which the failure is caused by Force Majeure, provided that the affected Party: (a) has taken reasonable steps to prevent or avoid the Force Majeure; (b) carries out its duties to the best level reasonably achievable in the circumstances of the Force Majeure; (c) takes all reasonable steps to overcome and mitigate the effects of the Force Majeure as soon as reasonably practicable, including actively managing any problems caused or contributed to by third parties and liaising with them; (d) on becoming aware of the Force Majeure promptly informs the other party in writing that something has happened which is a Force Majeure, giving details of the Force Majeure, together with a reasonable estimate of the period during which the Force Majeure will continue; and (e) provides written confirmation of the occurrence of a Force Majeure event.

The Network Operator is responsible for the quality of the supply of electricity to you and its continuity.  The quality and continuity of your supply are outside our reasonable control.

Please refer to section 20 for more information about your agreement with the Network Operator.

17. Data protection

3T Power shall not use the Customer’s personal information other than for the purposes directly connected with the supply of Energy under the terms of the Agreement without the express authorisation of the Customer unless necessary for reasons of safety or permitted by law.

18. Change in Occupancy

In the event that the Customer proposes to vacate the Customer’s Premises at any time after the Expiry Date when the Agreement remains in force, the Customer shall provide at least 20 days’ notice in writing to 3T Power, stating the date and time when the Customer intends vacating the Customer’s Premises. The Customer must provide 3T Power with a closing Meter reading on the date on which it vacates the Customer’s Premises. In the event that the Customer vacates the Customer’s Premises without having complied with the terms of this section 18, the Customer will remain liable for all Energy consumed at the Customer’s Premises.

19. General

This Agreement is governed by the laws of Northern Ireland.

Our activities as a supplier of electricity are governed by our electricity supply license and applicable legislation and regulations.  We reserve and maintain all our rights set out in legislation and our license.

We may transfer any of our rights under this Agreement to another organisation and any of our obligations to any other licensed electricity supplier, subject to the terms of our license.  We will tell you as soon as we reasonably can if we transfer any rights or obligations.  We may also subcontract anything we have agreed to do under this Agreement but we will still be responsible for anything carried out by our subcontractors.

You must obtain our consent before transferring your rights under this Agreement to another person.

If we need to contact you, we will use the contact details you have given to us or made available to us through industry processes.  If you need to contact us, please telephone US ON Customer Helpline or write to us at 3T Power Ltd, 1 Davies Road, Newtownstewart, Co Tyrone, BT78 4NH

 

20. Your connection to the local electricity network

To receive a supply of electricity from us under this Agreement you require a connection agreement with the Network Operator.

The Network Operator operates the local electricity network that delivers electricity to your premises and has appointed us to act as its agent to enter into a Connection Agreement with you on standard terms.

Unless you have entered into a separate Connection Agreement with the Network Operator, you agree that, by entering into this Agreement with us, you are also entering into a Connection Agreement with the Network Operator for connection of your premises to its network.  The terms of that Connection Agreement are the Standard Connection Terms and Conditions set out in the Appendix or otherwise attached to this Agreement or otherwise provided to you or made known to you by us.

You are entitled to negotiate terms of connection of your premises to the network that are not the same terms as the Standard Connection Terms and Conditions.  If you wish to do so you must negotiate with the Network Operator and not with us about those terms but your supply cannot commence until you have provided us with evidence that there is a Connection Agreement in force for your premises with the Network Operator and you must inform us if that Connection Agreement terminates.

You shall agree with the Network Operator in advance if you require a change to your maximum import capacity and advise us accordingly.

If you exceed the maximum import capacity we shall charge you any additional costs imposed on us and may change you to a more appropriate Contract.

We may vary the charges and pass through any higher or additional costs where:

• there is a material change to your electricity demand or forecast load shape which incurs additional costs to us, including but not limited to, ancillary services agreements, demand flexibility contracts or on-site generation.
• you substitute electricity with an alternative fuel, other than by prior agreement with us or during periods of supply interruption, or where a metering point has been isolated by way of de-energisation.

21. Complaints Handling

A complaint is defined as “Any expression (through various possible channels: letter, email, phone, physical claim or other method) of dissatisfaction for any person”

To allow us to deal with your complaint efficiently, you can contact us by either of the following options;

By Phone: The quickest way to resolve your query is to call us on 0333 600 8800 Monday to Friday 09:00 – 17:30. Calls charged at local rates.

If you have a query outside of these hours you can leave us a voicemail and we will respond to you as quickly as we can.

You can also email us at: info@3tpower.com

If you choose to write to us, you can request for your complaint to be reviewed by our Customer Service Department. Please write to us at;

Customer Service Department
3T Power

1 Davies Road

Newtownstewart

Co Tyrone

BT78 4NH

If at any time you are unhappy with our response, you can contact the Consumer Council for Northern Ireland. This is a free and independent body which has the power to resolve customer disputes. Please note that your rights to proceed with any legal action are not affected should you request a referral to the Consumer Council and remain dissatisfied with the outcome.

Address:

Floor 3, Seatem House
28-32 Alfred Street
Belfast
BT2 8EN

Email: contact@consumercouncil.org.uk

Website: www.consumercouncil.org.uk

Telephone: 0800 121 6022

Our Complaints Handling code of practice document is available online at www.3tpower.com

 

Glossary               

Authority           

The Northern Ireland Authority for Utility Regulation, which regulates the electricity industry.  Telephone 028 9031 1575 or visit their website at www.uregni.gov.uk.

Connection Agreement  

The agreement between the Network Operator and you for connection of your premises to the local distribution network as described in section 20.

Meter Provider  

Northern Ireland Electricity Networks Limited, or such other company as may be appointed to provide, install, maintain and administer the metering equipment.  For queries about your meter telephone 03457 643 643 or email customercontact@nienetworks.co.uk.

Network Operator           

Northern Ireland Electricity Networks Limited, which is appointed to provide, install, maintain and administer the entire electricity infrastructure, transmission and distribution system in Northern Ireland.

For queries about power failures and quality of supply telephone 03457 643 643 or email customercontact@nienetworks.co.uk.

Third Party Costs           

The various levies and charges associated with purchasing and retailing electricity in Northern Ireland.