Terms and conditions for the supply of gas

Terms and Conditions of the supply of gas between Anglian Water (“Anglian”), the Supplier (“we/us”) and the customer (“you”).

1. Agreement

1.1. This Agreement is between you, Anglian and the Supplier for the supply of gas to you. Your primary relationship as an Anglian Water Energy customer will be with Anglian (including for account management and billing matters). Anglian has to work with an Ofgem-licensed supplier for the supply of gas to you, so Anglian has engaged the Supplier to perform certain supply functions on behalf of Anglian under this Agreement. All other obligations to you as an Anglian Water Energy customer will be fulfilled by Anglian.

1.2. Any communication required to be made under this Agreement by the Supplier to you shall be undertaken by Anglian on behalf of the Supplier, as agreed between Anglian and the Supplier.

1.3. Anglian Water Energy is available to customers on an electricity only or gas only basis (or both). Anglian Water Energy is not available in conjunction with other business energy products.

1.4. By entering into this Agreement you agree to receive regular Anglian Water Energy information on energy efficiency, environmental updates and offers on energy and energy services including information from Anglian on water supply, water management, efficiency and environmental matters.

2. Duration

2.1. This Agreement comes into effect when signed by the parties.  Our obligation to supply gas to you will begin on the Start Date.  You will use all reasonable efforts to ensure that we can supply gas to you on the Start Date.

2.2. We will follow industry processes and transfer your Sites to us from your previous supplier within 21 days of this Agreement unless:

2.2.1. The Start Date in the Particulars is more than 21 days after the date of this Agreement in which case we will transfer the sites on the Start Date; or

2.2.2. You ask us not to transfer the Sites; or

2.2.3. Your previous supply blocks the transfer to us; or

2.2.4. We do not have the correct information to complete the transfer (having taken all reasonable steps to obtain the information from you or elsewhere); or

2.2.5. Works need to be carried due to the supply being through an exempt distribution system; or

2.2.6. We cannot complete the transfer for reasons outside our control.

2.3. We reserve the right to charge you for additional costs incurred by us in the event that the transfer does not occur on time due to your act or omission.

2.4. If any of the information you have provided to Anglian or the Supplier is inaccurate this may lead to us terminating this Agreement before the Start Date.

2.5. This Agreement shall continue in full force and effect until terminated in accordance with its terms. Approximately 60 days before the End Date Anglian will contact you as part of the New Contract Process to discuss entering into a new agreement for your supply.

3. Price

3.1. Subject to clause 3.2 and clause 4.4 below, you will be supplied for the Fixed Price Term at the Contract Price shown in the Particulars until the stated End Date for that Fixed Price Term.

3.2. We may vary the Contract Price during the applicable Fixed Price Term itself to reflect: (a) cost increases or new charges or different charging structures imposed by the Transporter or metering agency; (b) cost increases arising from changes in law, regulation or tax; (c) where information provided to us by you to help us calculate the Contract Price turns out to be incorrect – an example would be meter ownership status; or (d) in accordance with clause 3.5. below (if applicable). For the avoidance of doubt, nothing in this Agreement allows us to vary your price or terminate this Agreement part way through a Fixed Price Term if your consumption has increased over and above the threshold for micro-businesses.

3.3. Gas supplied after the end of this Agreement shall be at the Deemed Price and on a deemed contract (terms of which can be supplied on request) unless you agree a new supply agreement.

3.4. For the avoidance of doubt, the Contract Price is applicable only to the Sites agreed to be supplied at the Start Date.  Any sites which you wish to add to this Agreement during a Fixed Price Term will be the subject of a separate price quote from us.

3.5. Where we have agreed with you a Fixed Price Term that has an End Date more than 46 months from the date this Agreement comes into effect, we reserve the right to vary the Contract Price if at any time during the Fixed Price Term the Wholesale Energy Price at the time of purchase exceeds 125% of the Wholesale Energy Price at the effective date of the agreement.

3.6. In the event that the we require a security deposit, the deposit should be sent to our bank account for deposits the details of which are Account Number: 03025071, Sort Code: 20-05-74 Ref: Customer’s name.

4. Meter Reading and Payment

4.1. You should read the Meter the day before the Start Date, and at least once every six months thereafter.  For Supply Points consuming more than 293,000kWh (10,000 therms) per year, you should read the meter monthly. Where Meter reads are not available we will estimate your usage for invoice purposes and reconcile against actual consumption when a Meter read is available.  A Meter reading is taken as proof of your usage unless the Meter is found to be faulty to a degree exceeding that permitted by law.

4.2. We will invoice you on a monthly basis for gas supplied.  You must pay each invoice in full within 10 days of the date of invoice (unless agreed otherwise in the Particulars). You are not obliged to pay us if you have a genuine bona fide dispute, in which case any amount not in dispute should still be paid. If you fail to pay any sum that is due we may charge interest at the rate of 4% above the base lending rate of Lloyds TSB Bank plc, as well as make a late payment administration charge of £40.  Where any amounts are outstanding, we may prevent you transferring to another gas supplier by lodging an objection (irrespective of your termination rights).

4.3. All prices are exclusive of Value Added Tax, Climate Change Levy, and any other similar taxes which will be added to your invoices as appropriate.  You are responsible for providing any applicable exemption certificate. If you do not provide the appropriate certificate the tax will be charged until such time as you do provide it.

4.4. All payments must be made by direct debit unless we agree otherwise in the Particulars. Failure to do so may result in termination of the Agreement or an increase in the Contract Price by 0.2p/kWh.

4.5. We reserve the right to install an Automated Meter Reading (“AMR”) device at your Site(s) and you agree to allow us to do this.

4.6. Installation of AMR is subject to a Site survey. If we can install our standard AMR device without additional work then there will be no additional charge to you. If additional work is required or we need to install a different device we will discuss the options with you before proceeding.

4.7. You may request that we install an AMR device at your Site(s). All such requests will be subject to Site surveys and agreement between us and you before installation takes place.

5. Meter Access and Maintenance

5.1. Unless otherwise agreed, we will make arrangements for the provision and maintenance  of the Meter Installation, and you will allow us, the Transporter and our respective agents safe access to a Site to install, operate, read, maintain, test, isolate or remove the Meter Installation where necessary and, if requested, you will grant us an easement for this purpose.

5.2. You will not alter, add to or replace any part of the Meter Installation without our prior consent, which may be withheld for safety or other reasons.

5.3. Any Meter which is not owned by us or the Transporter must provide data in a form compatible with our IT systems and the Transporter’s IT systems.  Where we own the Meter, we reserve the right to continue to bill you for meter charges following termination of this Agreement until transfer to a new supplier.

5.4. You must obtain our prior written consent for any Meter by-pass.

5.5. We reserve the right to remove any meter and replace it. We also reserve the right to operate the meters in a manner that enables us to provide the supply to you including, but not limited to, operating smart meters in dumb mode or fitting AMR in accordance with clause 4.

6. Safety and Emergencies

6.1. You undertake not to use gas in any way likely to risk any person’s health and safety or to risk any damage to property.

6.2. Where you believe that there is, has been or may be an escape of gas or that any equipment may be damaged which may result in an escape of gas, you must immediately call the Transporter on 0800 111999, and they will provide any emergency services for which you must allow them access.

6.3. You will take all reasonable steps to ensure the Meter Installation is not damaged.  You are responsible for the condition and functionality of all relevant pipes and apparatus downstream of the Meter, and for paying any call out or repair costs in connection therewith.

6.4. You agree to comply with any instruction from us or the Transporter to discontinue or restrict your offtake of gas where there is a pipeline emergency or where such instruction is given pursuant to obligations imposed on us by law or regulation or under our supplier’s licence, including (without limitation) where we are given a notice under section 2(1) (b) of the Energy Act 1976.

6.5. You agree fully to indemnify us in respect of any costs or damages incurred by us as a result of your failure to comply with your obligations under clauses 5 and 6 of this Agreement.

7. Change of ownership and Site isolation

7.1. You acknowledge that we have given you the benefit of a fixed price in expectation that it would be paid in full for the whole of the Fixed Price Term, that the Contract Price has been calculated on this basis and that we have incurred costs accordingly.  However, if you intend to leave the Site during the Fixed Price Term, we will allow you to terminate the Agreement early on the following conditions:  (a) you must give us at least 30 days’ written notice, stating the date you intend to leave, your new address, and the name and current address of the proposed new owner or occupant; and (b) you must provide a Meter reading on the date you leave.

7.2. If during the Fixed Price Term you cease to use gas at any Supply Point, we will still need to charge you for costs incurred by us in relation to the Supply Point for the remainder of the Fixed Price Term. You can request us to isolate the Supply Point which may reduce these costs.

8. Liability and Force Majeure

8.1. Save under clauses providing for indemnities or payments to be made, neither of us shall be liable (whether in contract or in tort) to the other for loss of profit, loss of revenue or goodwill, or for any indirect or consequential loss arising from any breach of this Agreement or from any negligent act or omission hereunder.

8.2. If due to any circumstance beyond the reasonable control of one party to this Agreement it is practicable for the affected party to perform any of its obligations, such obligations (other than to make payments) shall be suspended to the extent that and for so long as such impracticability continues.

8.3. We accept no liability for any loss or damage arising out of any act or omission of the Transporter or its agents in the performance of its obligations, whether or not acting as our agent.

8.4. In any event, our liability under this Agreement shall not exceed the value of the Annual Quantity of gas at the then Contract Price in the year that the liability arises.

8.5. Nothing in this clause 8 (each sub-clause of which shall be construed as a separate and several contract term) shall affect any liability on the part of either of us in respect of death or personal injury caused by that party’s negligence.

9. Termination

9.1. Any party may terminate this Agreement at the end of the Fixed Price Term by giving the Supplier at least 30 days’ prior written notice. The notice can be served at any time in the Fixed Price Term. Any termination notice given by you should be in writing and either sent by post to Corona Energy, Edward Hyde Building, 38 Clarendon Road, Watford, WD17 1JW or via email to terminations@coronaenergy.co.uk. You will be able to transfer to another supplier provided this has been done and the Fixed Price Term has come to an end. You should also refer to clause 10.6 below if taking this option.

9.2. If you commit a material breach of this Agreement or become insolvent or unable to pay your debts or withdraw your direct debit mandate we may terminate it immediately on written notice to you.

9.3. The Agreement will terminate automatically in respect of any Supply Point if we are not permitted to continue to supply gas to it because to do so would infringe the terms of our supplier’s licence or other regulatory conditions or constraints, or if Ofgem appoints a supplier of last resort in respect of that  Supply Point.

9.4. Termination for any reason is without prejudice to rights accrued prior to or resulting from termination.  All sums outstanding shall be payable on termination.

9.5. If we terminate the Agreement under Clause 9.2, in addition to any sums payable under Clause 9.4 you agree to indemnify us against any losses and expenses incurred in respect of such termination, including (without limitation) any losses incurred in disposing of the gas bought to meet your Annual Quantity demand for the outstanding Fixed Price Term.

10. General

10.1. Title to and risk in the gas passes to you at the Supply Point.

10.2. You consent to personal data about you being stored and processed by us and our affiliated companies for the purposes of credit control, fraud prevention and marketing, and for the normal processing of your account.  We may record or monitor telephone calls from or to you for training and/or security purposes.

10.3. You may not assign this Agreement without our prior written consent.  On prior notice to you, we may transfer our rights and obligations hereunder to any person authorised to supply gas and you hereby agree to such transfer.

10.4. You warrant that you have the right to enter into this Agreement, that the supply of gas hereunder to you is not wholly or mainly for domestic purposes and that all information supplied to us by you in connection with the Agreement is complete, accurate and will be supplied promptly. We reserve the right to charge you for any costs incurred as a consequence of inaccurate information (we will use reasonable endeavours to minimise any costs).

10.5. Except where specifically stated this Agreement creates no rights by virtue of the Contracts (Rights of Third Parties) Act 1999.

10.6. Any postal communication shall be deemed to be received two days after remittance by first class post, save that in the event of a dispute regarding receipt of a notice under clause 9.1 or provision of a final read under clause 7.1, the party seeking to rely thereon must be able to provide proof of delivery of the notice or provision of the read as appropriate, failing which it will be deemed not to have been received. We will always endeavour to acknowledge notices within 5 working days. If you do not receive an acknowledgement of receipt please contact us to ensure your notice has been received.

10.7. We may vary any of the terms of this Agreement to reflect industry changes on giving you not less than 30 days’ prior written notice.

10.8. This Agreement, which is governed by English law, constitutes the entire agreement between us relating to the supply of gas to the Site(s) and supersedes all prior negotiations and representations, written or verbal.

11. Multi utility cashback

11.1. If you have taken this contract as part of a multi utility cashback offer then our multi utility cashback terms and conditions apply and can be found on our website.

Definitions

Anglian Anglian Water Business (National) Limited, a company registered in England and Wales with company number 03017251, which is the company responsible for arranging the supply of gas to you.
Anglian Water Energy The gas supply service offered by Anglian to you with the Supplier under this Agreement.
Annual Quantity The annual quantity of gas that you are expected to consume.
Contract Price The price charged to you for the supply of gas during the Fixed Price Term.
Customer, you, your The customer identified in the Particulars that has contracted on the terms of this Agreement for the supply of gas.
Deemed Price The price we charge to customers who are supplied by us but do not have a current agreed contract with us.
End Date The date stated overleaf when the Fixed Price Term ends.
Fixed Price Term The term during which the price charged to you for gas is fixed (subject to the terms of this agreement).
Meter The measuring equipment installed at or in the location of the Supply Point for the purpose of measuring gas consumed at the Supply Point.
Meter Installation The Meter and all associated installation materials or apparatus the date on which we become the registered supplier with the Transporter in respect of the Supply Point.
Ofgem The Office of Gas and Electricity Markets, which regulates the gas and electricity markets in Great Britain (or any other organisation that replaces it)
Particulars The particulars of contract that sets out certain information regarding the terms of supply of gas to you.
New Contract Process The process Anglian start approximately 60 days before the End Date to discuss entering into a new agreement for your supply with you after the End Date.
Site The location(s) at which you consume Gas as identified in the Agreement.
Start Date The date on which we begin to supply gas to you under this Agreement.
Supplier, we, us The supply company identified in the Particulars being the company that is supplying your gas under this Agreement.
Supply Point The point(s) at which we shall make gas available to you under this Agreement.
Transporter The pipeline company responsible for operating the gas pipeline network to which the Supply Point is connected.
Wholesale Energy Price The future prices for gas as set out in the ICE Settlement Price published on or about the relevant dates. In the event the ICE Settlement Price is not available we will substitute an alternative index.
A joint venture between Anglian Water Business and NWG business