Deemed Contract Scheme
For all domestic and non-domestic customers
This is the firmus energy (Supply) Limited (registered company number 05369108) (“firmus energy”) deemed contract scheme, created pursuant to section 12 of the Energy Act (Northern Ireland) 2011 (the “2011 Act”), for the purposes of determining the terms and conditions applicable to contracts which, by virtue of that section, are to be deemed to have been made, as more particularly detailed below (the “Deemed Contract Scheme”).
A. Section 12 of the 2011 Act provides for contracts to be deemed to have been made between gas suppliers and owners or occupiers of premises in circumstances described at sections 12(1) and 12(2) of the 2011 Act, namely where:
(a) firmus energy supplies gas to a customer otherwise than in pursuance of a written contract; or
(b) the owner or occupier of any premises takes a supply of gas which has been conveyed to those premises by a gas conveyor, where that supply is not made by a gas supplier or pursuant to an exemption under
Article 7 of the Gas Order, and where a supply of gas so conveyed has been previously made by a gas supplier.
B. Section 12(5) of the 2011 Act requires the express terms and conditions of such a contract (a “Deemed Contract”) to be provided for in a scheme made under section 12 of the 2011 Act.
C. firmus energy, pursuant to and in accordance with section 12(6) of the 2011 Act, hereby makes the following Deemed Contract Scheme, for determining the terms and conditions which are to be incorporated into Deemed Contracts.
General Provisions of the firmus energy Deemed Contract Scheme
1. This Deemed Contract Scheme comes into force on 14 January 2014 (the “Commencement Date”).
2. This Deemed Contract Scheme applies where gas is supplied to premises in any part of Northern Ireland (the “Premises”) otherwise than pursuant to the terms of a written contract between firmus energy, as the
appropriate supplier for the Premises (as determined by the Northern Ireland Authority for Utility Regulation (the “Authority”) in accordance with the provisions of section 12(4) of the 2011 Act), and the owner or occupier (as the case may be) of the Premises (the “Customer”).
3. Where the Deemed Contract Scheme applies, the terms and conditions applicable to the Deemed Contract between firmus energy and the Customer for the supply of gas at the Premises (the “Deemed Terms and Conditions”) shall be equivalent (with reference to any provisions specific to Deemed Contracts) to the standard terms and conditions which would have been provided by firmus energy to the Customer had the contract been one made in the normal course of firmus energy’s gas supply business at the time the Deemed Contract was made (such terms which are capable of being amended from time to time, in accordance with the provisions thereof).
4. A Deemed Contract shall take effect on the date that gas is supplied to the Customer at the Premises (the “relevant time”) and will terminate once the Customer enters into a written contract with firmus energy or any other gas supplier.
5. The reading on the meter at the Premises at the relevant time shall be taken to be:
(a) where the Customer has taken a supply of gas at the Premises pursuant to the terms of a written contract with firmus energy or another gas supplier immediately prior to the relevant time, the reading available at the date of the last meter read; or
(b) where the Customer did not occupy the Premises immediately prior to the relevant date, the reading available from the first meter read taken after the previous occupier left the Premises.
6. firmus energy undertakes to:
(a) comply with all of the obligations placed on it by virtue of paragraph 3 above and, in particular, will not terminate any Deemed Contract under the Deemed Contract Scheme except in accordance with the termination provisions of the Deemed Terms and Conditions;
(b) take reasonable steps to provide the Customer with notice of the Principal Terms (as defined in the relevant supply licence granted to firmus energy by the Authority) of the Deemed Terms and Conditions; and
(c) enter into a written contract with the Customer as soon as reasonably practicable after commencement of a Deemed Contract.
7. With effect from the Commencement Date, any previous scheme, terms or provisions (either express or implied) which relate to Deemed Contracts between firmus energy and the Customer for the supply of gas to the Premises are hereby revoked provided, however, that any Customer supplied pursuant to such previous scheme, terms or provisions shall continue to be supplied pursuant to this Deemed Contract Scheme.
8. The Deemed Contract Scheme is governed by and construed in accordance with the laws of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising in connection with it.
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