Legal

1. Interpretation

In these Conditions, the following definitions apply:

Company — Alderney Electricity Limited and any successor company.

Concessions Law — the Alderney Electricity Concession Law 1953, as amended and supplemented.

Conditions — these general conditions for the supply of electricity as may be amended by notice in writing from the Company to the Consumer from time to time, including the application form completed by the Consumer which accompanies them and which is deemed to form part of these conditions.

Consumer — the person applying for the supply of electricity from, and entering into these Conditions with, the Company.

Force Majeure Event — an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Schedule of Charges — the Company's schedule of charges for the supply of electricity as updated and published by the Company from time to time.

The following rules of interpretation also apply:

• A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
• A reference to a party includes its personal representatives, successors or permitted assigns.
• A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
• Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
• A reference to writing or written includes e-mails.

2. Application and agreement for supply

Application for a supply of electricity must be made on the application form accompanying these Conditions. Once accepted by the Company, the application form and these Conditions together constitute the entire agreement between the Company and the Consumer, superseding any prior agreements. The Consumer acknowledges that it has not relied on any statement, promise or representation made by or on behalf of the Company which is not set out in these Conditions.

At least 14 days' notice should be given to the Company of the date when the supply is required, but the Company cannot guarantee to have a supply connected within that period. Applicants must await written acceptance of their application before proceeding with the installation.

The Consumer agrees to carry out the installation referred to in Schedule A within one month from the date hereof. If such installation is not carried out, the Consumer agrees to repay the Company any costs incurred in connection with the intended supply.

No Consumer shall be entitled to terminate the agreement at a date earlier than the first anniversary of the date when a supply was first given to the premises, unless a special agreement with the Company exists. When vacating premises, the Consumer, having complied with these conditions and paid all monies due, may terminate the supply by giving not less than 24 hours' notice in writing to the Company.

3. System of supply

The Company supplies electricity either by a 4-wire 3-phase alternating current system at a frequency of 50 cycles per second, with 415 volts between the main conductors, or by a 2-wire single phase system with 240 volts between conductors.

Subject to its legal obligations under the Concessions Law, the Company shall have the right to make any changes to the supply which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the supply. The Company shall notify the Consumer in any such event.

4. Domestic installations

Domestic installations will generally be supplied at 240 volts, but the Company may require installations to be wired on two or three separate and distinct circuits, and for water heating or other appliances of heavy loading to be supplied by 3-phase 415 volt circuits.

5. Motors

Customer's motors must be of a type approved by the Company as suitable for the particular voltage or system of supply available.

6. Wiring rules and regulations; testing; power to disconnect supply

The Consumer's installations must be in accordance with the Rules of the Institution of Electrical Engineers for the time being in force. All connections to the Company's mains will be by the Company's authorised servants.

No installation will be connected to the Company's system until it has been inspected, tested, approved and passed by a person registered with The Authorised Competent Person Scheme.

The Consumer is solely responsible for any electrical equipment and apparatus owned and operated by the Consumer or under the Consumer's control. AEL will provide protection to the point of connection but it remains the sole responsibility of the Consumer to install and maintain protective devices to prevent damage to their equipment, for example using surge protection devices or voltage limiters.

AEL does not assume the duty of inspecting the Consumer's electrical systems or equipment and shall not be responsible or liable for any injury, damage or loss of any kind resulting from the supply of electricity or through interruptions, defects or otherwise, unless it can be shown that AEL's negligence was the reason for, or part of the reason for, the injury, loss or damage. In the event of any such irregularity in supply the Company will use reasonable diligence to ensure that the supply will be restored as soon as practicable.

7. Alterations and additions to installations

The Consumer must give notice in writing to the Company by completing a new Schedule A for alterations to the installation. No additional wiring or apparatus shall be connected to a pre-existing installation until approved and passed pursuant to Clause 5. A breach of this clause entitles, and may render it necessary for, the Company to cut off the supply without notice.

8. Service lines and company apparatus

Service lines will generally be provided in public thoroughfares, to premises within 60 feet of the Company's low voltage distributing mains. The Consumer will be required to pay the whole cost of the service lines from the nearest distribution cable to and on the private property. The route of all service lines will be determined by the Company, but only one service line will be carried to each Consumer.

The Company will use its reasonable endeavours to ensure that as little damage as possible is caused in making the connection, but will not be responsible for any damage to the premises (other than as a result of negligence of the Company's employees) when making such connection.

All cables, service lines and other apparatus supplied by the Company shall remain the property of the Company. The agents of the Company shall at all reasonable times be entitled to enter upon the premises of the Consumer for the purpose of inspecting, altering, replacing, testing, maintaining, repairing or removing such cables, lines or other apparatus. All necessary assistance, access and facilities shall be given by the Consumer for such purposes.

The Consumer will be liable and held responsible for the safety and return of the meter apparatus supplied by the Company whether damaged by fire or otherwise. No Consumer shall unseal or in any way interfere with the meters, fuses or other apparatus of the Company.

9. Renewal of fuses in Company's cut-outs

The Company's fuses are sealed and may be replaced only by the Company's authorised agents. In the event of the Company's staff being requested to deal with failure of supply from any cause, the Consumer shall pay to the Company a call out charge in the event that the failure is due to any causes other than a fault in the Company's service.

10. Irregularities of supply

The Company may, from time to time, for the purposes of testing or for any other purposes connected with the efficient working of the supply of electricity, discontinue the supply, provided always that save in case of emergency not less than twenty-four hours' notice shall be given to all Consumers likely to be affected.

Provided that the Company has discharged its obligations under the Concessions Law, the Company shall not in any circumstances be held liable or responsible for any loss, damage or personal injury arising as a result of any irregularities, interruptions or stoppages of the supply due to any cause, including Force Majeure. In the event of any such irregularity in supply the Company will use reasonable diligence to ensure that supply will be restored as soon as practicable.

11. Special meter readings and sub-letting of premises

In cases of furnished tenancies the Company will not recognise any tenants as the Consumer under these Conditions but will hold the applicant responsible for the payment of all charges due in respect of electricity supplied to the premises sub-let.

The Company will, upon receiving not less than twenty-four hours' notice, read the meter and furnish particulars regarding the electricity consumed to the Consumer during working hours. Instructions to take such readings must be accompanied by payment of a fee as set out in the Schedule of Charges.

Consumers will be responsible for all electricity consumed on their premises until the Company has, at their written request, disconnected the supply.

12. Vacation of premises

The Consumer shall give seven days' notice in writing to the Company before vacating any premises to which electricity is supplied. If such notice is not given, the Consumer must pay for the supply to the premises up to the date when the meter is normally read or the date when the Company is required by a subsequent occupier to read the meter, whichever shall first occur.

13. Meters and payment of accounts

The amount of electricity supplied shall be measured by an appropriate meter, fixed and maintained by the Company on the Consumer's premises at the rental set out in the Schedule of Charges.

Accounts will be rendered in accordance with meter readings at the Company's current prices and may be levied on a weekly, monthly or quarterly basis at the discretion of the Company. Accounts are payable on demand. In default of payment, the Company shall be entitled to disconnect the electricity supply without notice. A reconnection fee will be charged if supply is subsequently required.

No question regarding the accuracy of any account will be entertained unless notice in writing is received by the Company from the Consumer within 14 days after delivery of such account.

If the Consumer disputes the accuracy of the meter and gives notice as above, the Consumer shall be entitled, on paying a deposit by way of testing fee, to have the meter tested by the Company. If such test proves the meter to be correct within the limits of error prescribed by the Concession Laws, the Consumer shall forfeit the said fee and immediately become liable to pay the Company's account. If the test shows the meter to be inaccurate, the Company will refund the deposit and the account shall be adjusted accordingly.

The Consumer may be required to give adequate security for the payment of all sums which may become due before or after the installation has been connected.

14. Prepayment meters

In the event of the Consumer requiring or being required to take the supply through a prepayment meter, the prepayment meter with all attachments shall be fixed by and remain the property of the Company. The Consumer shall keep the meter, attachments and fittings at all times in safe custody and be responsible for any loss or damage, making good such loss or damage on demand.

15. Inspection

Duly authorised officers of the Company shall have access to the Consumer's premises at all reasonable hours, without notice, for the purpose of examining and taking the necessary reading of any meter, and for inspecting or testing the fittings or any Consumer's apparatus. Such authorised officer shall be obliged to produce evidence in writing from the Company that they are so authorised, or to wear a distinguishing badge or uniform.

16. Schedule of charges

The Company's electricity tariffs and all fees, deposits and penalties referred to in these Conditions shall be charged at the current rate as detailed in the Company's latest Schedule of Charges.

17. General

The Consumer shall not, without the prior written consent of the Company, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions. The Company may at any time upon prior notice to the Consumer assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions, provided the same is permitted under the Concessions Law.

Any notice or other communication required to be given to a party under these Conditions shall be in writing and delivered personally or sent by prepaid post to the party's last known address. Any notice shall be deemed to have been duly received if delivered personally when left at the address, or if sent by prepaid post or recorded delivery, at 9.00 am on the second business day after posting. This shall not apply to the service of any proceedings or other documents in any legal action.

A waiver of any right under these Conditions by the Company is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default.

Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.

If any provision of these Conditions is found to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions shall not be affected.

A person who is not a party to these Conditions shall not have any rights under or in connection with them.

Any variation to these Conditions shall only be binding when agreed in writing by the Company.

These Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Island of Alderney. The parties irrevocably submit to the exclusive jurisdiction of the Royal Court of the Island of Alderney.

18. Discontinuation and interruption of supply

The Company may, from time to time, discontinue the supply of electricity for the purposes of testing or for any other purposes connected with the efficient working of the undertaking, provided always that save in case of emergency not less than twenty-four hours' notice shall be given to all Consumers likely to be affected.

The Company shall not incur any liability in respect of any temporary interruption of supply but in the event of such interruption the Company shall restore the supply with all reasonable diligence.

19. Data protection

By entering into these Conditions, the Consumer consents to the use of their personal data as provided in the application form and collected by the Company in the course of provision of the supply of electricity and fuel oil. A copy of the Company's privacy policy is available on the Company website and on request.

These Conditions are issued under the Alderney Electricity Concession Laws 1953, 1963, 1973, 1978 and 2001.