FLOGAS NATURAL GAS LTD. RESIDENTIAL CUSTOMERS GENERAL TERMS & CONDITIONS FOR THE OF SUPPLY OF ENERGY. The contract between You and Us for the supply of Energy to You is called the Customer contract. It consists of the Customer contract, these Residential Customer General Terms and Conditions, and/or any other product specific terms and Conditions, which may apply. Supply of Energy by Meter to You shall be in accordance with the Customer contract (and/or such other terms and Conditions as may be notified to You from time to time) and applicable law. You should also refer to our Codes of Practice and Customer Charter which are available to You in accordance with Condition 30 of these General Terms and Conditions. 1. DEFINITIONS Please refer to this section for the meaning of the terms used throughout this document. Appliances Means all cookers, boilers, heaters and other apparatus which consume or use Energy (including associated pipework) installed on the Premises beyond the Meter but does not include the Meter or any fittings and piping installed up to the Meter. Arrears Means an overdue balance that has not been paid. Engineers Means all technical Engineers or other personnel so designated by the Network Operator. Billing Period Means the period between dates (monthly or bi-monthly) when the Meter is read, has been read or an Estimate Meter Reading is utilised for determining the Charges payable by You to Flogas. Charges Means the amount(s) payable by You for the supply of Energy by Us together with all costs associated with the supply of Energy by Us including any Pass-Through Charges, Site Works Charges and Exit Fees. Commission Means the Commission for Regulation of Utilities (CRU). Conditions Means these General Terms and Conditions. Consumption Means the amount of energy consumed or used. Connection Agreement Means the agreement between You and the Networks Operator which determines the Energy Connection. A copy is available from GNI, www.gasnetworks.ie and ESB, www.esbnetworks.ie. Customer or You Means the Customer as identified in the contract. Customer Agreement Means the agreement executed by You with us for the supply of Energy. Deemed Contract Means a legally enforceable agreement considered to have been made between the licensed supplier of electricity or gas and the owner or occupier of the Premises as defined under S.I 603 of 2015. A Deemed Contract is considered to have come into existence because the owner or occupier (after receiving notice from the licenced supplier and where the Premises continue to be supplied with Energy by that supplier) did not inform the licenced supplier that he or she continued to use the Energy supplied to the Premises concerned after the previous contract for supply to the Premises concerned had expired or was not cancelled when a previous owner or occupier vacated the Premises or the new owner or occupier did not enter a new contract of supply. Distribution System Means the system for the distribution of Energy in Ireland and owned by Gas Networks Ireland and/or ESB Networks. Emergency Response Service Means the Emergency Response Service operated by the Network Operator for the purposes of receiving and responding to reports of actual or suspected Energy related emergencies including suspected leaks or explosions. Energy Means gas and/or electricity. Energy Bill Means the invoice issued by Flogas to You requesting payment of the Charges for the Billing Period. Energy Connection Means the connection between the Network Operator and the Premise up to and including the Meter. ESB Networks Means the entity that is responsible for the construction of all the electricity infrastructure in Ireland including the transmission, sub-transmission, medium and low voltage networks. Estimate Reads Means the value created and used as an estimate of Consumption by Flogas and/or as part of the planned estimate schedule as detailed within the Network Operator’ terms & Conditions and used where no physical Meter read has been received by Us during the Billing Period. Exit Fee(s) Means the Charges notified to You when You entered into this Customer Contract and are noted in the Customer Agreement which is due to Us when You terminate your Customer Contract prior to the expiry of any agreed contract term. Flogas or ‘We’ or ‘Us’ Means Flogas Natural Gas Limited head office located at Knockbrack House, Matthews Lane, Donore Road, Drogheda, Co. Louth, Ireland, A92 T803. Gas Networks Ireland or GNI Means the networks business of Gas Networks Ireland, Gasworks Road, Cork, the owner and operator of the gas pipe network up to the Meter. Meter Means any Meter and related fittings installed by the Network Operator for measuring the quantity of Energy used by You on the Premises. Network Emergency Means an emergency causing harm to a person(s) and/or property and/or outage of supply arising from a fault in the Network or any part of the Network. Network Means all the transmission and distribution pipelines used for the transmission, distribution and supply of Energy to, from and/or within Ireland. Network Operator Means the Operator of the gas and electricity transmission or Distribution System. For gas, it’s Gas Networks Ireland and for electricity, it’s ESB Networks. Pass-Through Charges Means any applicable third-party costs, Charges, taxes, duties, levies and/ or any Government-imposed charges for the supply and distribution of Energy to the Premises, including but not limited to, transportation and distribution Charges (as applicable). Premises Means the location specified by You when You entered into this Customer Contract and/ or any such additional Premises as may be notified by You to Us and accepted for supply by Us. Site Work(s) Means any works carried out by the Network Operator on Your Premises and any other piece of work as set out in the Network Operators Charges, including but not limited to the provision, installation, repair, maintenance, locking, unlocking, disconnection or reconnection of the Meter or equipment used in the transportation and supply of Energy. Supply Point Means the point(s) at which Energy supplied by Us is metered. Tariff Means Our pricing structure applicable to Your account and agreed at the contract agreement. Vulnerable Customer Means a Customer who is as defined under S.I. No. 463/2011 - European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011: (i) critically dependant on electrically powered equipment, including but not limited to lifeprotecting devices, assistive technologies to support independent living and medical equipment; and/or (ii) particularly vulnerable to disconnection during winter months for reasons of advanced age (66 years or above) and/or physical, sensory, intellectual or mental health, or as defined by the Commission from time to time. 2. HOW THESE CONDITIONS APPLY TO YOUR CONNECTION FOR THE SUPPLY OF ENERGY (a) As a condition of You being connected to the Energy Distribution System, You now agree to be bound by the Connection Agreement. (b) The Connection Agreement is entered into by You and the Network Operator under which You have the right to be connected to the Energy Distribution System in line with the terms and Conditions of that agreement as found at www.gasnetworks.ie and/or www.esbnetworks.ie 3. SUPPLY OF ENERGY BY FLOGAS (a) We will supply Energy to You at the Premises for the duration of the Customer Agreement or until it is ended by either of us in accordance with Conditions 20, 21 and 22. We may issue You with additional product-specific terms and Conditions depending on the product You choose. Information in relation to any such additions will be issued to You as required. (b) The quantity of Energy consumed by You shall be determined by periodic Meter readings including Estimate Meter Readings provided by the Network Operators or generated by Us. 4. COOLING OFF PERIOD (a) You have the right to cancel this Customer Agreement within 14 calendar days of You agreeing to the supply of Energy from Us. To cancel Your agreement please contact our Customer Service Team on 041 98 74874 or by completing and returning your cancellation form. (b) Any cancellation made within this 14-day period will be without any Exit Fee to You. However, if You request a cancellation after the Cooling Off Period has ended an Exit Fee will be applied to Your account for each fuel ended. 5. ENERGY TARIFFS (a) The price payable by You for Energy supplied by Us is set out in the Tariff as presented to and agreed with You at the time of entering this Customer Agreement. (b) Our current publicly available Tariffs are available for view at www.flogas.ie (c) As a new Customer, You may be provided with an introductory fixed term Tariff. On the expiration of any fixed term contract Your Tariff will automatically be changed to Our standard Tariff or another Tariff as chosen by Us and as applicable at the time. To ensure that You have adequate notice of the impending change in Tariff and/or the expiration of a fixed term contract we will provide You with between 30 & 60 days’ notice of the ending of Your fixed contract term agreement. If You end the Customer Contract prior to the expiry of this fixed contract period, You will pay Us the Exit Fee of 50 EURO Inc. VAT per fuel term ended. (d) Changes to the Flogas standard Tariff will operate independently of the expiry of a Customers’ introductory offer. (e) From time to time, we may, at our sole discretion, offer certain categories of Customers (which may or may not include You) special Tariffs, for a certain period, which will be determined by Us. (f) Any notification issued will state the date from which the change in Tariff will come into effect. (g) Whereby You remain on the same Tariff category for a period of 3 years or more we will issue You with an annual prompt to advise You of this fact and urge You to review Your Tariffing arrangement. (h) We are not required to notify You of any special Tariffs introduced by Us from time to time. We shall have no liability to You and will not be held accountable if You do not avail of any such special Tariff or You have chosen the incorrect Tariff. If Your Energy Consumption is more than what We deem (acting reasonably) to be appropriate for a domestic Customer, we will notify You of this and We may change You to an alternative large residential user Tariff that would be more appropriate for Your Consumption. 6. PAYG – PAY AS YOU GO METERING (a) Flogas may with Your consent request the Network Operator to install and/or exchange Your existing Energy Meter with a PAYG Meter if You meet the criteria as stipulated by the Commission from time to time. (b) You are responsible to take care of Your PAYG card and ensure that the Meter is kept clean and is not damaged to the best of Your ability. (c) If You do not comply with section 6(b) we reserve the right to charge You for the replacement of Your PAYG Meter. (d) If You have a PAYG Meter installed at Your premise You will not be issued with a scheduled invoice. Flogas will issue You with a quarterly statement of account in line with our Code of Practice. (e) Details of how to use the PAYG Meter can be found on our website or by contacting our Customer Care Team on 041 98 74874. (f) If You build up too much credit or are moving to a new premise and require a refund of credit from Your PAYG Meter, please contact Our Customer Care Team to discuss same. To process the refund, You must contact us on the day You are moving out. Once the request is processed all credit will be removed from the Meter and issued to You. 7. METERING AND ACCESS TO THE PREMISES (a) Your supply of Energy will be measured by metering equipment installed and maintained in line with the Connection Agreement. The Network Operators staff, its agents or contractors will endeavour to read the Meter in line with the Meter read schedule. (b) All equipment and installations at the Premise up to and including the Meter, belong to the Network Operator. These must be kept at Your Premises and used in line with the Network Operators instructions. (c) You must comply with all Conditions of the Network Operator or as provided by Flogas on behalf of the Network Operator regarding the Energy Connection and any related matters. A copy of the Network Operators terms and Conditions can be found at www.gasnetworks.ie or by phoning 1850 200 694. A copy of ESB Network’s terms and Conditions can be found at www.esb.ie or by calling 1850 372 999. (d) You agree to allow the Network Operators authorised personnel, agents or contractors onto the Premises for the purposes of reading, inspecting, disconnecting, locking or removing the Meter or Meters. You also agree to their entry onto the Premises for laying, renewing and maintaining Energy mains or services. You agree that their entry will be permitted at all reasonable times and at any time in an emergency. (e) Your attention is particularly drawn to this clause. You indemnify Flogas and/or the Network Operator against any claims arising out of such works unless attributable to the negligence of the Network Operator, the Network Operator’ Engineers, its servants or agents. (f) Your attention is particularly drawn to this clause. Flogas accepts no liability for loss or damage caused by the actions or omissions of the Network Operator, their Engineers or its servants or agents and always retains the right to access and inspect the Meter and to accompany the Network Operators engineer at any time while they are accessing or dealing with the Meter. (g) You shall not interfere or permit any interference with the Meter on the Premises, whether for repairs or for any other purpose whatsoever, without the Network Operators consent. You shall notify Flogas and/or the Network Operator promptly of any defect observed or suspected and/or if any alteration or other attention is required.