CONDITIONS OF ELECTRICITY NETWORK PROVISION

1.        Conditions Paramount

1.1      This agreement for the provision of Electricity Network Connections issued by Counties Power Limited (“CPL”) and all contracts entered into by CPL are subject to the conditions set out below. Any variation to any of the conditions must be in writing and signed by both CPL and the customer.

1.2      These conditions are in addition to any specific condition of any individual quotation issued by CPL.

2.        Capital Contribution

2.1      The customer agrees to pay the Capital Contribution to CPL as consideration for and as a contribution to CPL’s costs incurred in constructing the New Network Connection.

2.2      CPL confirms that the Capital Contribution represents a portion of its costs incurred in constructing the New Network Connection. CPL undertakes to apply the Capital Contribution to the cost of the New Network Connection.

2.3      The quoted Capital Contribution is a contribution to the costs of construction as specified in the Contract Acceptance. Any costs incurred by CPL on the request of the customer that are additional to those specified in the Contract Acceptance will require an additional Capital Contribution from the customer.

3.        Payment

3.1      CPL will generally require full payment before commencing with construction of the new network connection.

3.2      CPL may at its discretion require security for payment and may suspend construction of the new network connection until sufficient security is provided.

3.3      The customer shall not in any circumstances be entitled to withhold payment or to make any deductions from the capital contribution.

3.4      Receipt of a cheque or other negotiable instrument by CPL shall not constitute payment of the capital contribution and the customer shall remain liable for the full capital contribution until such cheque or negotiable instrument clears and is paid in full.

4.        Delivery

4.1      Any installation timing given by CPL is given and intended only as an estimate. CPL shall make all reasonable efforts to have goods and/or services delivered as agreed, subject to the availability of materials and resources.

4.2      CPL shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay or default in construction.

4.3      The customer will provide reasonable access to the construction and/or installation areas and will expose or locate and clearly mark all underground services.

4.4      CPL will take all reasonable care of the customer’s property during construction and/or installation.

4.5      Should the customer require that trenches dug by CPL are left open for use by other contractors then the customer shall instruct CPL in writing of such requirements and the customer shall be responsible for the open trench.

4.6      Should CPL strike rock, papa or other unexpected/extraordinary conditions then, unless expressly provided to the contrary in the quotation, CPL reserve the right to negotiate a contract variation with the customer and the customer agrees to negotiate in good faith in the light of the new conditions.

4.7      Unless expressly provided to the contrary in the quotation, CPL will not be responsible for any reinstatement of the property after completion of the specified construction and/or installation where CPL is responsible for reinstatement this will be done to a reasonable standard taking into account the nature and the type of work undertaken.

5.        Ownership of Contract Installation

5.1      The customer and CPL agree that the new Network Point of Supply will at all times be owned and controlled by CPL, and that the customer shall have no rights or interests in relation to the new Network Connection whatsoever.

6.        Third Parties’ Property

6.1      The customer warrants that consent has been obtained from all affected parties in relation to the works the customer has requested CPL to undertake, and further warrants that the customer holds documentary evidence of such consent which will be produced to CPL at any time upon demand, if requested.  The customer agrees to indemnify CPL for any claim arising out of the customer's failure to obtain consent, or to produce documentary evidence of such consent, for works on:

a) lines or other plant which belongs in full or in part (either legally or beneficially) to another party;

b) lines or other plant which serves another party's property; and

c) another party's property.

7.        Breach

7.1      Cancellation of any contract by the customer may be accepted or declined by CPL in its absolute discretion and on such terms and or conditions as CPL may specify.

7.2      CPL may require payment by the customer of all expenses and legal costs relating to the enforcement of these terms and conditions.

8.        Waiver            

8.1      All the original rights, powers, exemptions and remedies of CPL shall remain in full force notwithstanding any neglect, forbearance or delay in their enforcement. CPL shall not be deemed to have waived any condition unless such waiver is in writing. Any such waiver, unless the contrary shall be expressly stated, shall apply to and operates only a particular transaction, dealing or matter.

9.        Force Majeure

9.1      CPL shall not be liable for any act, omission, default, failure or delay in construction caused by any event beyond its control, and shall not be liable to make good any loss or damage arising directly or indirectly there from.

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