Fuel Variation Tariff (FVT)

Schedule 1 : General Terms & Conditions for Gas Fuel Variation Tariff (FVT) Contract effective from 1st June 2023

Definitions and Interpretations
Supply of Gas
Change of Supplier
Metering and billing
Application of Terms and Conditions to your Connection for Gas Supply
Access and Siteworks
Calculation of Gas Supplied
Gas/Network Emergency
Emergency Response Service
Limitation of Liability
Discontinuance of Gas Supply
Gas Trading
Contact Details
Codes of Practice, Customer Charter and Complaints
Data Protection Notice
Marketing
Codes, Laws and Other Agreements
Payments of Accounts and Security
Termination
Variation
Miscellaneous

Please note that as a customer of Electric Ireland you are bound by the following Terms and Conditions.

Application of General Conditions for our FVT Gas Customers

These are Our FVT Gas Customer Conditions, as a business customer You will be deemed to have accepted these Conditions and be bound by them from the time that You become a customer of Ours.

1. Definitions

“Agreement” means this agreement entitled Gas Supply Agreement signed by or on behalf of the parties together with its schedules and any special conditions;

“Assignment” means the Company’s entitlement as a Gas supplier to transfer this right to a third party to perform the Company’s obligation as a Gas supplier;

“AVT Message” means an automated voice message from the Company to the Customer regarding the Customer Account, Company products or Company services;

“Gas Networks Ireland means the networks business of Ervia , Gasworks Road, Cork, acting as the agent for and on behalf of Gaslink (and its successors and assigns);

“Code of Operations” or “Code” means the code of operations published by the Transporter and approved by the Commission for Regulation of Utilities (CRU);

“Conditions” means the standard terms and conditions of supply set out in this document

“Charges” means the amount(s) payable by the Customer as set out in Schedule 3;

“Customer Account” means any account with the Company held in the Customer’s name for the purposes of the supply of Gas, electricity or any other product or service;

“Commencement Date” means the “Commencement Date” specified in the Gas Supply Agreement Cover Sheet;

“Commission” means the Commission for Regulation of Utilities which is the regulator for the electricity and gas sectors in Ireland;

“Connection Agreement” means any agreement under which the Customer has the right for their installation to be, and to stay, connected to the gas distribution system or, if there is no such agreement, the Gaslink Gas Networks Ireland Terms and Conditions for Gas Users at Non Daily Metered (NDM) offtake points;

“Distribution System” means the system owned and operated by Gas Networks Ireland on behalf of Gaslink for the distribution of Gas around Ireland;

“Delivery Point” means the offtake point at which the Company will procure the delivery of Gas to the Customer defined by the GPRN and/or SPRN specified in Schedule 2 (Customer Information);

“DPA” means the Data Protection Acts, 1988 and 2003 as amended from time to time and any other, statute, order or regulation of any competent national or supra national authority relating to the protection of personal data or the privacy of individuals;

“Emergency Response Service” means the Emergency Response Service designated by the Commission and operated for the purposes of receiving and responding to reports of actual or suspected Gas emergencies including suspected leaks or explosions.;

“End Date” means the “End Date” specified in the Gas Supply Agreement Cover Sheet;

“FAR” (Forecasting, Allocation and Reconciliation) is a method of estimating Gas consumption in the absence of an actual Meter read. It is carried out by Gas Networks Ireland and is approved by the Commission.

“Gas” means any gas transported through the Gas system.

“Gas Bill” means the periodic invoice issued by the Company to the Customer requesting payment for Gas supplied under this Agreement.

“Gas Charges” means the charges to the paid by the Customer determined in accordance with Schedule 3;

“Gas Connection” means the connection between the Gas network and the Premises up to and including the Meter.

“Gas Trades” means the trades that may be concluded under Schedule 3;

“Gaslink” means Gaslink Limited, 6 Lapps Quay, Cork which has been appointed by the Commission for Regulation of Utilities as the licensed independent operator of Gas Networks Ireland Distribution System (and its successors and assigns).

“GPRO” means the Gas Point Registration Operator; the GPRO manages the registration of all Gas points across the country on behalf of all suppliers. Gas Networks Ireland operate the GPRO function on behalf of Gaslink: www.Gaslink.ie.

“Gross Calorific Value” means the number of GigaJoules 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 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 Gas and air before combustion.

“Licence” means the Licence to supply Gas granted to the Company by the Commission.

“Meter” means the Gas Meter and related fittings and pipes installed by Gas Networks Ireland for the purpose of measuring the quantity of Gas used by the Customer on the Premises and includes any such Meter or Meters of any type supplied to the Customer at any time at the Premises.

“Network” means all of the transmission and distribution pipelines used for the transmission, distribution and supply of Gas to, from or within Ireland.

“Network Emergency” means an emergency endangering persons and/or property and arising from a deviation in Gas pressure or Gas quality in the Network or any part of the Network.

“National Gas Emergency Manager” means the person designated as such by the Commission who manages a Gas Network emergency.

“Premises” means the Premises specified in the application for 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 from time to time.

“Register/Registration” means the registering by GPRO of the Customer as a customer.

“Siteworks” means any works carried out by Gas Networks Ireland in relation to the customer’s Gas Connection and any other piece of work as set out in Gas Networks Ireland Siteworks charges as approved by the Commission, including but not limited to the provision, installation, repair, maintenance, withdrawal or reinstatement of the Meter or equipment used in the transportation and supply of Gas.

“Security” means cash deposit as required by and subject to the terms set out by the Company and/or any form of guarantee or letter of credit from an entity and in a form acceptable to the Company.

“Supply Point Capacity”or “SPC” means the maximum potential daily use of gas at a specific meter. SPC must be reserved on the gas pipelines by a supplier wishing to deliver gas to a distribution connected customer. The SPC is set and reviewed each year by Gas Networks Ireland

“Trades” means Lock-In Trades and/or Unlock Trades (as defined in Schedule 3)

“Transporter” means Gaslink and its permitted successors and/or assignees.

The headings in these Conditions are for convenience only and will not affect their interpretation.

2. Sale and Supply of Gas

2.1 This Agreement shall commence on execution and shall continue until terminated in accordance with Clause 19.
2.2 Unless otherwise agreed, the Company shall supply or procure the supply of Gas to the Customer at the Delivery Point and the Customer shall take delivery of gas at the Delivery Point until termination of this Agreement with effect from the later of:
(1) the date of receipt by the Company of an Agreement signed by the Customer;
(2) the occurrence of the Commencement Date specified in the Gas Supply Agreement Cover Sheet; and
(3) the date of receipt by the Company of any Security required by the Company.
2.3 Title and risk in gas delivered shall pass to the Customer at the Delivery Point.
2.4 Characteristics of the Gas supply will be in line with the original Connection Agreement for your property with Gas Networks Ireland and these Conditions. The Customer is responsible for checking Customer specific requirements with the Customer’s Gas contractor.

3. Change of Supplier

3.1 The Customer will give the Company a Gas Meter reading from the Commencement Date or allow Gas Networks Ireland to obtain an actual Meter reading at the Premises.

4. Metering and Billing

4.1 The Gas supply will be measured by the Meter and metering equipment that will be installed and maintained in line with the relevant Connection Agreement which sets out the main commercial terms for the connection of loads to the Gas Networks Ireland Distribution System at your Premises. Gas Networks Ireland staff, its agents or contractors will read the Meter.
4.2 In between readings of the Meter, estimations of your Gas consumption may be made by Gas Networks Ireland in line with the FAR process. An estimated Meter read will be calculated in line with the FAR process having regard to a number of factors including (but not limited to) prior Gas usage at the Premises.
4.3 If the Company supplies Gas to the Customer but all or part of such Gas supplied is not registered by the Meter (due to a fault or unauthorised interference or any other reason), the Customer must pay an amount equal to the charge that would have been payable had the Meter or metering equipment been working properly.
4.4 The Company will regularly send the Customer bills for the Gas that the Customer uses. The Customer’s bill may also include charges for services that the Company have agreed to supply to the Customer and will include VAT and any other taxes or charges that may apply.
4.5 If the Company or the Customer discover that any Meter reading has been inaccurate or omitted, or the readings have not been converted into Charges correctly, the Company or the Customer, as the case may be, must pay any money that is due at the date of the next bill.
4.6 If, for any reason, Gas Networks Ireland have not been able to get meter readings, the Company will use estimated readings. The Customer can also provide an actual reading by phoning Gas Networks Ireland automated meter reading service at 1800 427 732 or by submitting your reading online to the Company at www.electricireland.ie/businessonline.

5. Application of Terms and Conditions to Your Connection for Gas Supply

5.1 In consideration, and as a condition, of being connected to the Gas Networks Ireland Distribution System in order to receive a Gas supply and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Customer hereby accepts and agrees to be bound by the terms and conditions under which a connection to the Gas Networks Ireland Distribution System is provided and operated.
5.2 The “Gaslink, Gas Networks Ireland Terms and Conditions for Gas Users at Non Daily Metered (NDM) Offtake Points”, are available at www.Gaslink.ie and www.gasnetworks.ie or by contacting Gas Networks Ireland at 1800 464 464 and are entered into between the Customer and Gas Networks Ireland acting as the agent for and on behalf of Gaslink as and from the date of this Agreement.

6. Access and Siteworks

6.1 All equipment and installations from the distribution network up to and including the Meter belong to Gas Networks Ireland and must be used in accordance with Gas Networks Ireland instructions and terms and conditions. The Company have no responsibility for maintaining the Meter or any metering equipment or associated pipe work. Pipe work from the Meter into the Customer’s Premises and the Customer’s appliances connecting to it are the Customer’s responsibility. Neither the Company nor Gaslink nor Gas Networks Ireland accepts any responsibility for maintaining these.
6.2 The Customer agrees to be bound by any conditions given to the Customer by Gas Networks Ireland or by the Company on behalf of Gas Networks Ireland regarding the Customer’s Gas supply and any related matters in line with Clause 5.2. A copy of Gas Networks Ireland terms and conditions can be found on their website at www.gasnetworks.ie or by phoning 1800 464 464.
6.3 The Customer is responsible at all times for having due care towards the Meter. The Customer will not interfere or allow any interference with the Meter, whether for repairs or for any other purpose without Gas Networks Ireland consent, and shall notify Gas Networks Ireland and/or the Company promptly of any defect in the Meter or if any alteration or other attention is required.
6.4 The Customer may request Gas Networks Ireland to carry out Siteworks at the Premises in accordance with the Conditions of this Agreement.
6.5 Gas Networks Ireland (and when appropriate the Company) will inform the Customer at the time that the Customer requests the Siteworks of the cost and payment terms of the Siteworks.
6.6 The Company may request that Siteworks be carried out at the Premises such as locking, unlocking of the Meter, withdrawal or reinstatement of supply, or servicing of the Meter.
6.7 The Customer is responsible for all costs (including VAT) associated with the Siteworks whether requested by the Customer or the Company. This includes any costs incurred as a result of the cancellation of the Siteworks by the Customer or because of Customer default.
6.8 The Customer is also responsible for any fees payable where Gas Networks Ireland visits the Premises to carry out the Siteworks at a time agreed with the Customer, but is unable to do so due to Customer default.
6.9 The Customer must allow Gas Networks Ireland authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal of supply, or removing the Meter or Meters and for all other purposes in connection with providing Gas. Such entry is to be permitted at all reasonable times and at any time in case of any emergency or network emergency.
6.10 If the Customer fails to comply with Clause 4 (Metering and Billing) or 6 (Access and Siteworks) and this frustrates or delays payment for the Gas used by the Customer, the Company will be entitled to treat this as a neglect or refusal to pay for the purposes of this Agreement.

7. Calculation of Gas Supplied

7.1 The Customer will be charged for the number of kilowatt hours (kWh) of Gas consumed, or estimated to have been consumed, or passed through the Meter, or estimated to have been passed through the Meter during the billing period, in accordance with the Gross Calorific Value of the Gas as determined by Gas Networks Ireland.
7.2 To convert the Meter reading or estimated Meter read into kilowatt hours (kWh), a conversion factor is applied. This conversion factor is provided to the Company by Gas Networks Ireland and is shown on the Customer’s bill.
7.3 The calculation of Gas supplied will conform to the requirements of Directive 2004/22/EC on measuring instruments or any amendment or re-enactment of that Directive.

8. Gas / Network Emergency

In the event of and for the duration of a network emergency or in the case of an escape, or suspected escape, of Gas:
8.1 The Company may at the request of the National Gas Emergency Manager, the Emergency Response Service or Gas Networks Ireland discontinue the supply of Gas to the Premises; and
8.2 The Customer must refrain from using Gas immediately upon being told by the Company or Gas Networks Ireland or the National Gas Emergency Manager that the Customer should do so.

9. Emergency Response Service

9.1 The Emergency Response Service is operated by Gas Networks Ireland on behalf of all customers.
9.2 The 24-hour telephone number of the Gas Networks Ireland Emergency Response Service is 1800 20 50 50.
9.3 The Company will, in so far as is practicable, take steps to inform 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 Gas Networks Ireland website or may be obtained by contacting the Company in accordance with Clause 13.

10. Limitation of Liability

10.1 The Company shall not be liable to the Customer under this Agreement for loss of profit, loss of bargain, loss of contract, loss of revenue, cost of capital, indirect, consequential or economic loss or damage whether arising in contract, tort, statute, indemnity or howsoever otherwise.
10.2 The maximum aggregate liability of the Company to the Customer whether arising in contract, tort, statute, and indemnity or howsoever otherwise, shall not exceed €150,000.
10.3 Neither party shall be liable to the other for its failure to comply with this Agreement (excluding inability to pay) resulting from any event or circumstance beyond the reasonable control of the affected party, (which in the case of the Company includes, but is not limited to, failure by the Company to supply Gas as a result of the Company’s inability to secure a supply of Gas, industrial action, breaks or defects in mains, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations) or an act or omission of a third party under the Code of Operations and ancillary agreements or applicable laws necessary for the provision of the supply of Gas by the Company to the Customer.
10.4 Nothing shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or the Customer for any sums due to the Company under this Agreement.
10.5 The rights and remedies provided by this Agreement to the Customer are exclusive and not cumulative and exclude and are in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by common law or statute in respect of the subject matter of this Agreement, including without limitation any rights the Customer may possess in tort which shall include without limitation actions brought in negligence and/or nuisance. Accordingly, the Customer hereby waive to the fullest extent possible all such rights and remedies provided by common law or statute, and releases the Company, its officers, employees and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by common law or statute in respect of the matters dealt with in this Agreement and undertakes not to enforce any of the same except as expressly provided in this Agreement.
10.6 The Company accepts no responsibility for the adequacy, safety or other characteristics of the Customer’s Gas installation.
10.7 The Company will not have any liability howsoever arising in respect of, or in connection with, any failure of the services provided by Gas Networks Ireland the Customer’s Gas Connection or any Siteworks.
10.8 The Customer accepts liability for the care and maintenance of the appliances and associated pipe work at the Premises.
10.9 The Company accepts no liability arising in relation to the Customer’s appliances, the associated pipe work or the maintenance of the appliances or associated pipe work.

11. Discontinuance of Gas Supply

Any Meter supplied to the Customer shall remain the property of Gas Networks Ireland and may be removed or disconnected by Gas Networks Ireland in the following circumstances:
11.1 a. under instruction from the Company in accordance with Clause 19 or
11.2 b. for safety or
11.3 c. if interference is suspected or
11.4 d. if there is no active Gas supplier at the Customer’s Premises.

12. Gas Trading

12.1 The Company shall provide the Customer with access to its FVT Portal site for the purpose of viewing. The Company and the Customer will comply with the terms and conditions for the use of the FVT Portal site which are set out at Schedule 4.
12.2 The Customer may execute Trades by means of the FVT Portal Site. The days and times that The Customer can trade via the Portal are displayed on the trading calendar within the Portal. The Company reserves the rights to alter such days and times to meet its business needs.
12.3 All Trades shall be executed in accordance with the procedures outlined in Schedule 3 & Schedule 4 or the FVT Portal Site Terms and Conditions as appropriate.

13. Contact Details

Our Customer Service Department may be contacted at:
13.1 Electric Ireland, PO Box 841, South City Delivery Office, Togher Industrial Estate, Cork T12C825, by telephone: 1800 372 787, or by e-mail business@electricireland.ie .
13.2 Certain information as provided in the Conditions may also be obtained on the Company website at www.electricireland.ie
13.3 This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on the Company website and on the Customer bill.

14. Codes of Practice, Customer Charter and Complaints

14.1 The Company has four Codes of Practice covering (1) Complaint Handling, (2) Sign-up, (3) Marketing and Advertising, and (4) Billing and Disconnection, (the “Codes of Practice”) which set out the way the Company does business in each of these areas and the services and levels of service the Customer can expect. To obtain free copies of any Code of Practice please call us on 1800 372 787 or visit the Company’s website at www.electricireland.ie.
14.2 The Customer may make a complaint in relation to any issue arising under the Agreement by contacting the Company’s Complaints Facilitator at Electric Ireland , Complaint Facilitator, PO Box 12523, Dublin 9 or by Email at complaintfacilitator@electricireland.ie.

15. Data Protection Notice

15.1 In order to provide the Customer with an effective service, it is necessary for the Company to collect and use data relating to the Customer. This data is mainly used to manage the Customer Account. In addition, data relating to the Customer may be used for the Company’s own business purposes which can include credit checking and market research. The Company may keep Customer data for a reasonable period after the Customer ceases to be supplied by the Company, but will not keep it for any longer than is necessary and/or as required by law.
15.2 If the Customer moves Customer Account to another supplier the Company may disclose details of the Customer’s Gas usage and account history to the Customer’s new supplier.
15.3 The Company may disclose Customer data to agents who act on behalf of the Company in connection with the activities referred to above. Such agents are permitted to use Customer data only as instructed by the Company. They are also required to keep Customer data safe and secure.
15.4 From time to time the Customer may speak to employees of the Company (or agents acting on the Company’s behalf) by telephone. To ensure that the Company provides a quality service, Customer telephone conversations may be recorded. The Company will treat the recorded information as confidential and will only be used for training/quality control, account management and customer satisfaction purposes or any other purposes mentioned in this notice
15.5 Where the Customer or the Company shall hold personal data relating to employees or agents of the other party, such data shall be held and processed only in accordance with the DPA, and the Customer or the Company, as appropriate, shall on request of the other party promptly delete such personal data.

16. Marketing

16.1 The Company, and/or agents acting on behalf of the Company may contact the Customer 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 the Customer. Please follow carefully the instructions below to ensure that Customer marketing preferences are respected.
16.2 If the Customer does not wish to be contacted, it may exercise the Customer right of opt-out by writing to the Company in accordance with Clause 13 or by emailing the company at business@electricireland.ie.

17. Codes, Laws and Other Agreements

17.1 Both parties will comply with the relevant provisions of the Code of Operations and other industry codes and all statutory instruments, regulations, orders and licenses applicable to them and relevant to the performance of their obligations under this Agreement.

18. Payment of Accounts and Security

18.1 The Customer must pay the Company the cost of the Gas consumed at the Premises, or for any bill which is based on an estimated Meter reading during the billing period (plus VAT), and any other taxes or charges which may be applicable.
18.2 Unless the Company have agreed otherwise, every bill, including bills based on estimated Meter readings are payable on the due date specified in the bill. Customer liability continues until all sums due to the Company on foot of this Agreement have been paid.
18.3 The Customer must also pay the Company for any amount specified on the bill as other services that the Company have agreed to provide to the Customer.
18.4 The Customer must pay the Company for any Siteworks that the Company or the Customer have requested to be carried out at the Customer’s Premises and for which the Company have been charged by Gas Networks Ireland.
18.5 All sums due to the Company under the Agreement must be paid without deduction or set-off. If the Customer does not pay the Company any sum due under the Agreement the Customer may be liable to pay the Company interest from the due date at a rate equal to 3% above EURIBOR, accruing on a daily basis until payment is made.
18.6 If the Customer has an account with the Company at another business premises, the Company may transfer any credit or debit between Customer accounts in order to recover any money the Customer owes to the Company.
18.7 If any account is not paid in full by the due date, then (in addition to any other rights the Company may have under this Agreement) The Company shall be at liberty to withdraw or terminate any discounts that the Customer receives following the Company giving a minimum of 7 days notice to the Customer of the Company’s intent to do so.
18.8 Further information on billing options can be found in our Codes of Practice, see Clause 14.
18.9 Gas Charges shall be payable monthly in arrears. The Company shall send the Customer monthly invoices of Gas Charges and any other amounts due under this Agreement. All invoices shall be payable by the Customer by cleared funds in the Company bank account by the due date
18.10 If any account is not paid in full by the due date, the Company shall be entitled to issue a demand for the amount due. If the amount due is not paid within seven (7) days of the demand, the Company shall be entitled to:
(a) disconnect supply and procure a meter lock, meter disconnect and/or de-registration of the Delivery Point (the Customer will pay all costs of procuring such meter lock, meter disconnection and de-registration) and/or;
(b) draw down the amount due under the Security; and/or
(c) proceed in any lawful manner considered necessary for the recovery of the amount due.
18.11 Gas Charges are exclusive of Value Added Tax which shall be payable by the Customer at the applicable rate. The Company shall be entitled to amend the charges to amounts resulting from taxation changes or the imposition of, or changes in, any levies or regulatory charges.
18.12 The Company may require Security to be provided at any time during the term of this Agreement, and the Customer shall provide the Company with the required Security within ten (10) days of request. The Company may also vary the Security required (or require Security to be provided if not previously provided) during the term of this Agreement by notice in writing to the Customer in the event of an assignment of this Agreement, a change of control of the Customer, a material adverse change in the creditworthiness of the Customer or, following a credit check, the Company considers the Customer to have an unsatisfactory credit rating or the Customer’s credit rating is downgraded and the Customer shall provide such Security or varied security within ten (10) days of such notice.

19. Termination

19.1 This Agreement shall terminate on the End Date unless sooner terminated in accordance with this Clause 19.
19.2 The Customer shall not take delivery of Gas at the Delivery Point after the date of termination of this Agreement. If the Customer does take Gas at the Delivery Point during any period in which the Company is the registered supplier to the Delivery Point and a valid gas supply contract with the Company is not in full force and effect:
(a) The Customer will be deemed to accept such Gas on the Company’s standard terms and conditions of supply current at the time of delivery
(b) Such Gas used will be charged to the Customer at the Company’s monthly default price, and any Pass Through Costs associated with such Gas will be charged to the Customer
(c) The Customer’s access to the FVT trading portal will be removed,
(d) the Customer shall indemnify the Company against actions, proceedings, suits, claims, damages, demands, losses, costs, charges, expenses and fines incurred by the Company as a result of the Customer off-taking Gas at the Delivery Point; and
(e) the Company shall be entitled to procure a meter lock, meter disconnect and/or de-registration of the Delivery Point in such circumstances and the Customer will pay all costs of procuring such meter lock, meter disconnection and de-registration.
19.3 This Agreement may be terminated by the Company at any time if:
(a) The Customer fails to pay any bill for the Gas the Company have supplied or any other amount under this Agreement for supplying Gas;
(b) by its acts or omissions causes or is likely to cause the Company to be in breach of its obligations under the Code of Operations;
(c) The Customer does not agree to an arrangement to pay by instalments or break an agreed arrangement;
(d) The Customer’s installation or use of Gas interferes with the distribution system or disturbs other customers;
(e) The Customer extends the supply to someone else who the Company considers to be a separate customer;
(f) The Customer does not meet all of its obligations under these Conditions or the Gaslink, Gas Networks Ireland Terms and Conditions for Gas Users at Non Daily Metered (NDM) Offtake Points, and fails to put things right;
(g) The Customer has used Gas without permission or committed theft of Gas;
(h) The Customer is unable to pay its debts within the meaning of Section 214 of the Companies Act 1963 or enters into a scheme or arrangement with its creditors, has a receiver, administrative receiver, manager or examiner appointed or is subject to an order or resolution winding up its activities;
(i) The Company needs to do so by law;
(j) It is no longer practical to supply Gas for reasons outside the Company’s control;
(k) The National Gas Emergency Manager, the Emergency Response Service or Gas Networks Ireland informs the Company that there is any risk of fire or explosion or injury to persons or property as a result of any defects or suspected defects are discovered in the supply main, service pipe, Meter installation or the Appliances and this is not rectified within a reasonable period of time;
(l) If the Company no longer has a Licence to supply the Customer’s Premises;
(m) If a last resort supply direction is given to another supplier in respect of the Premises, and the Agreement will end on the date that the direction takes effect;
(n) The Customer fails to provide any Security required under this Agreement in the time required by this Agreement; or
(o) The Customer relocates, closes, changes use or ceases its operations and a supply of gas is no longer required by the Customer at the Delivery Point. The Customer must notify the Company as soon as reasonably practicable of any impending relocation, closure, change of use or cessation of operations.
19.4 The Customer also has the right to terminate this Agreement if; the Customer is moving Premises and/or no longer wishes to keep the Customer Account open. The Customer must give the Company two weeks’ notice in advance of the Customer leaving the Premises (or as otherwise agreed by the Company) in writing to the Company (in accordance with Clause 14) and pay the amount due for all Gas used up to the date of such termination and for any other charges and obligations in the Agreement or services that the Company have agreed to provide to the Customer under this Agreement.
(a) The Customer will remain liable for any Gas used in the Premises until this notice is given and has expired and the Customer has informed the Company of the Meter reading Or the Customer has given access by Gas Networks Ireland to read the Meter.
(b) In the event that the Customer does not meet the requirements of Clause 19.4 and 19.4 (a) the Customer may remain liable for any Gas used until supply is withdrawn or a new account is opened at the Premises.
(c) Where the supply of Gas is withdrawn due to Customer default, the Customer will pay the Company all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reinstatement, if any, in line with regulated charges and Code of Practice.
(d) Further information in relation to Gas Networks Ireland policy and procedures for causing meters to be locked or the Gas supply to be withdrawn from the Gas Network is set out in Gas Networks Ireland Code of Practice.
19.5 In the event of early termination of the Agreement for any reason any forward purchases or sales of Gas which have been effected as a result of Trades will be closed out by the Company. Any gain or loss arising from the closing out of these positions will be for the account of the Customer and will be added to the final Gas bill for the Customer up to the point of termination. In such case a discount rate of 3% per annum shall be used to ascertain the net present value any future gains/losses.
19.6 Upon termination of this Agreement:
(a) closing meter readings will be taken at the Customer’s premises and the Company will issue the Customer with a final account of outstanding amounts;
(b) the Customer shall pay to the Company all Gas Charges in respect of the period up to and including the date of termination, including any accrued changes and applicable interest payable;
(c) the Customer shall pay to the Company all Gas Charges and other charges under the Code of Operations incurred as a result of the Company having booked capacity to the End Date; and
(d) the Customer shall permit the Company to enter the Customer’s Premises for the purposes of moving its own equipment or its agent’s equipment.
19.7 Clauses, 18, 19.2, 19.6, 10, 21.2, 21.6 and 21.7 shall survive termination or expiry of this Agreement, together with:
(a) any accrued rights or liabilities arising on or prior to termination; and
(b) the obligations of the parties relevant to the Code of Operations.

20. Variation

20.1 The parties shall effect any amendments necessary to comply with relevant provisions of the Code of Operations, ancillary agreements and all statutory instruments, regulations and orders applicable to them and shall effect any amendment required to be made to this Agreement as a result of a change in any of the above.
20.2 The Company reserves the right to vary the Conditions (including without limitation price adjustment) to reflect any changes in law, regulation, trading arrangement, industry rules which has a cost impact on the Company. The Company shall give the Customer not less than two weeks’ notice of any such variations coming into effect.

21. Miscellaneous

21.1 The Agreement cannot be assigned by a party without the prior written consent of the other, such consent not to be unreasonably withheld or delayed.
21.2 Both Parties shall take all reasonable steps (except when otherwise required by law or regulation) to keep confidential the contents of this Agreement and any information concerning the other party’s business which that party may (by written notice) reasonably designate as confidential.
21.3 The Customer agrees that the Company may carry out credit checks on the Customer and on any of its directors or owners at any time during this Agreement to the extent permitted by law.
21.4 If the Company waives a breach of the Agreement by the Customer, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by the Customer of the same or any other provision.
21.5 The Customer shall notify the Company in writing (or within three days thereafter in any event) of any change of control of the Customer, any change of company name of the Customer or if the Customer in any way vacates the Premises specified in this Agreement or gives up or shares possession to or with any other another occupier at the Premises, such notice to be given as soon as is reasonably practicable upon the Customer becoming aware of the likely occurrence of such event (or within three days thereafter in any event). In the event that the Customer in any way vacates the Premises specified in this Agreement or gives up or shares possession to or with any other another occupier at the Premises, the Customer will either provide a Meter reading, or arrange with the Company in advance for a special Meter reading, for the date on which the change takes place. If the Customer fails to do so, any termination by the Customer under this Agreement shall be of no effect and the Customer shall continue to be liable for outstanding charges for Gas supplied at the Premises.
21.6 If any provision of this Agreement is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted and this Agreement shall remain in full force and effect as if the provision had not originally been contained in this Agreement. If any such deletion is required, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory provision in place of the provision deleted unless the deletion defeats the original intention of the parties in which case either party may terminate this Agreement.
21.7 This Agreement shall be interpreted, construed and governed by the laws of the Republic of Ireland.
21.8 The Company is entitled to change the Fixed Cost Charge and Site Charge charged by The Company. The Company will inform The Customer of any change by at least one of the following methods; in writing, by e-mail, on or with your bill, on our website at least two weeks’ in advance of any change coming into effect. Any such notice will state the date on which the change is effective. Following receipt of any such notice notifying the change of Fixed Cost Charge and Site Charge charged by The Company, The Customer will have the right to terminate this Agreement as per Schedule 1, Section 19.

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