Conditions of Supply
“NORED Electricity” is a private company registered under the Companies Act. “Premises” shall mean the premises described in the Agreement and on which a supply of electricity is required by the Customer.
“Month” shall mean the period between successive monthly meter readings, irrespective of whether such readings are taken on the last day of the calendar month.
Electricity shall be supplied as alternating current at the normal voltage stated in the Agreement and at a frequency of 50 Hertz.
NORED Electricity will endeavor to maintain the electricity as near to the agreed form as circumstances and conditions will permit and especially will endeavor to prevent the voltage of the supply differing from the nominal voltage by more than 10% (ten per cent) but NORED Electricity’s obligation shall be as set out in Clause 20 hereof.
On the information submitted by the Customer concerning details of his installation. NORED Electricity and the Customer shall agree on whether the Customer may connect up or use any particular equipment on a single phase supply shall be final.
The Customer shall be entitled to use electricity on the premises, up to the maximum load agreed to with NORED Electricity and any additional equipment that may be agreed to by NORED Electricity for connection to the Customer’s installation.
The Customer shall not, without the written consent of NORED Electricity, make use of the electricity supplied for any purpose other than that provided for in the Agreement, nor supply any electricity received from NORED Electricity to any third party.
The point of supply shall be divided on by NORED Electricity and shall be:
- At the terminals of NORED Electricity’s mains on the meter board on which NORED electricity’s metering equipment is installed, which meter board shall be located as NORED Electricity may decide (either on the boundary of the premises, against a wall of the building on the premises or at a point to be agree to on the premises)
- Where NORED electricity employs a distribution kiosk on a pavement for installation of its meters, at the point on the boundary of the premises where NORED electricity’s services cable is joined to that of the Customer
- Where an overhead connection exists, at the terminals of NORED Electricity’s service mains located on the premises in a position approved by NORED Electricity
NORED shall provide, install and maintain the meter(s); and the equipment for delivery the electricity to the customer at the point of supply together with the necessary connection from NORED Electricity’s service mains; and if the point of supply agreed by NORED Electricity is to be located at a point on the premises. NORED Electricity shall provide and lay on or across the premises, along a route decoded by NORED Electricity, a service cable or an aerial conductor to the point of supply.
If required to do so by NORED Electricity the Customer shall provide, to NORED Electricity’s approval, and shall maintain in good order, suitable housing, accommodation a meter board for the equipment and meter(s) to be installed by NORED Electricity.
The customer shall at his own expense, supply, erect, connect up, operate and maintain, any apparatus required to connect his installation with the point of supply which apparatus shall be to the approval of NORED Electricity.
The apparatus of the Customers shall be of good design and construction, properly installed and maintained by the Customer and shall in all respect comply with any statutory or other regulation or by-laws in force from time to time governing the use of Electricity. The wiring of the Customer’s premises shall be carried out in accordance with the standard regulations, in force from time for the wiring of premises. No Electrical plant or equipment of the Customer shall be connected to NORED Electricity’s system until it has been tested and approved obtained by NORED Electricity and extension of or addition to such wiring, plant or equipment shall be connected to the customer’s approved installation until notice has been given to NORED Electricity and its approval obtained therefore unless the Customer has been exempted from the relevant provisions of the relevant Act NORED Electricity shall be entitled to recover from the Customer any loss or expenses incurred by NORED Electricity by reason of damage to NORED Electricity’s plant and equipment or otherwise by reason of failure of the Customers to comply with the provision of this Clause.
Customers are cautioned that they should ascertain from NORED Electricity the nature of the protection provided on the supply and should provide adequate means for the protection of their own equipment, inter alia.
It is not practicable for NORED Electricity to install protective equipment on its system which will ensure in all cases that motors and for other equipment on the customer’s side will be protected in the event of low voltage or single-phasing. It is therefore necessary for the Customer to take adequate measures to protect his motors and or equipment against damage that may arise under low voltage conditions or from single-phasing.
Where voluntary or involuntary outage of supply may cause damage to the Customer’s plant or business, he should take measures to protect himself against such possible damage.
Should the Customer have, or decide to install his own standby generating plant for use during such outages, the equipment for connecting such plant to his installation shall be subjected to NORED Electricity’s approval. Such standby plant shall be operated only during such outages and furthermore the use and operation thereof by the Customer shall be subject to such terms and conditions as NORED Electricity may lay down.
NORED Electricity’s authorized representatives shall have at all times, free access to the Customer’s premises for the purpose of inspecting and approving the Customer’s installation, maintenance, testing and reading of meters, recovery and removal of NORED Electricity’s plant and equipment installed on the Customer’s premises.
The Customer shall grant to NORED Electricity right(s)-of-way in perpetuity, free of charge, along a route or routes to be agreed upon, which route(s) shall be as direct as possible, for the overhead electric power line(s) and/ or underground electric cable(s) which NORED Electricity requires, to erect, lay and install on or across the Customer’s premises in connection with the supply of electricity to other Customer on that premises and any extension(s) of such line(s) and/or cable(s) to the Customers of NORED Electricity; and the Customer shall also grant to NORED Electricity the right to retain any existing line(s) and /or cable(s) on the premises.
If the Customer is not the owner of the premises the Customer shall be required to obtain from the owner of the premises a grant to NORED Electricity of such right(s)-of-way, free of charge, along the said route or routes to be agreed. The right(s)-of-way shall include provision for access at all times to enable NORED Electricity to operate, maintain, repair, remove or replace any of all of the equipment of NORED Electricity.
If any alteration is required by the Customer to NORED Electricity overhead line or service cable or the position of NORED Electricity equipment or meters, or is required by reason modification of the owner’s consent, the expenses to be incurred by NORED Electricity in effecting the alteration or removal shall be borne, and paid in advance by the Customer, unless any separate agreement or document is respect of any such line or cable stipulates otherwise.
The supply of electricity shall subject to compliance by the Customer with NORED Electricity’s requirements for the provision thereof, be made available by NORED Electricity on completion of the construction and an inspection by NORED Electricity or as soon thereafter as practicable unless it is agreed to between the Customer and NORED Electricity that the supply be made available an earlier date.
The Customer shall on signing the Agreement, pay to NORED Electricity a connection or transfer fee, as the case may be, and notwithstanding the payment of such fee, any line, cable meter or other equipment provided and installed by NORED Electricity on the premises shall remain the absolute property of NORED Electricity who shall be entitled to recover and remove the same upon termination of the supply to the Customer.
As security for the due payment of the accounts to be rendered in terms of Clause 12 hereof, the Customer shall on signing the Agreement, deposit with NORED Electricity a sum of money.
The amount of the deposit may be varied by NORED Electricity at any time so that the amount of the security shall be sufficient to cover the estimate amount payable by the Customer for Electricity during any period of three months.
The charges to be made by NORED Electricity and to be paid by the Customer for the supply of electricity to the Customer, shall be the prices set out in the appropriate tariff specified in the NORED Electricity Schedule of Standard Prices, as adjusted or amended from time to time, provided the NORED Electricity’s charges are subject to the approval of the Electricity Control Board (ECB).
Particulars of tariff at present in force for the supply to the Customer are as stated in the Electricity Tariff Booklet available on request.
In order to ensure that NORED Electricity’s costs of providing the supply of electricity made available to the customer will be covered by the revenue received by NORED Electricity from the Customer, the provision of a new supply shall be subjected to a single capital charge if deemed necessary by NORED Electricity.
The charges under Clause 12 shall be payable whether any electricity is taken in any month or not and shall be reckoned from the date on which electricity is first supplied to the Customer or from the date NORED Electricity notified the Customer that it is ready to commence the supply, whichever date is the earlier.
Accounts for all charges under this agreement shall be rendered to the Customer monthly and each account shall be due and payable when rendered.
Should payment not be made on or before the due date stipulated on the statement, NORED Electricity may forthwith discontinue the supply to the Customer without notice or terminate the Agreement or both.
The amount outstanding shall bear interest form due date of payment at a rate per annum, as determined by NORED Electricity from time to time.
A certificate under the signature of a duty authorized employee of NORED Electricity (whose authority as such need not be proven by NORED Electricity) setting out the amount due and payable by the Customer at any time in terms of the Agreement, shall be sufficient and conclusive evidence thereof for the purpose of insolvency and legal proceedings and the obtaining of provisional sentence under the Agreement.
Electricity accounts shall be addressed to the Customer at his postal address set out in the Agreement; and any notice to the Customer in respect of any other matter arising from the Agreement shall at NORED Electricity’s option be serve either at the address of the premises to be supplied, or at the alternative address of the Customer stated herein, or at the Customer’s postal address.
Accounts and notices posted to the Customer shall be deemed received by the Customer on the seventh day after the date of posting.
Notice to NORED Electricity shall be addressed to:
The Chief Executive Officer
P O Box 639
Or at such other places as NORED Electricity may from time to time direct: and if sent by letter shall be deemed to have reached NORED Electricity on the seventh day after the date of posting.
The customer chooses domicillum citandi et executandi for all purposes of this Agreement at the address furnished by the Customer and stated herein, NORED Electricity shall be entitled to use either of the aforementioned addresses for purpose of litigation in terms hereof.
The meter(s) shall be read at such intervals of months as NORED Electricity may decide on provided that in the event of the period between successive meter-readings being longer than one month, an estimated account shall be rendered to the Customer for each month between meter-readings and an adjustment account shall be rendered after the meter(s) are next read, based on the actual consumption the determined.
If within 14 (fourteen) days of the rendering of any monthly account for electricity supplied, the Customer requests in writing to test any or all of the meters. NORED Electricity shall do so on payment by the Customer of the appropriate test fee.
If such test shows that the inaccuracy of any meter does exceed 2, 5% (two comma five percent) fast or slow, the same shall be deemed to have existed since the previous occasion of testing or since the date of the second last meter-reading, whichever date shall be the later, and the account shall be adjusted accordingly in the date of the first account rendered after the inaccuracy has been ascertained, and the test fee shall be refunded to the Customer.
If the test shows the mean inaccuracy to be less than 2.5% (two comma five percent) fast or slow the test fee paid by the Customer shall be forfeited to NORED Electricity.
NORED Electricity shall have the right to test any of the meters at any time and if such test shall show inaccuracy in excess of 2, 5% (two comma five percent) fast or slow, the same shall be deemed to have existed since the previous occasion of testing or since the data of the second last meter-reading whichever date shall be the later and the account shall be adjusted accordingly in the first account rendered after the accuracy has been ascertained.
The power factor for the supply taken by the Customer for small power purposes shall at all-time be to the approval of NORED Electricity.
Where the Customer is provided with a three-phase supply, he shall balance the requirements of his load between the phases to the reasonable approval of NORED Electricity.
The Customer shall use the supply such as not to interfere with an efficient and economical supply to other consumers.
The Customer shall not, except in cases of emergency, or at the request of NORED Electricity, operate or interfere with the apparatus of NORED Electricity.
As a safety precaution, the Customer undertakes that:
- He shall not, without the written consent of NORED Electricity, erect or permit to be erected any building structure or other erection and shall not place material within a distance of 6 (six) meters from the center line of any NORED Electricity overhead power line on or adjacent to the Customer’s premises, or within a distance of 1,5 (one comma five) meters of the route of any underground cable, unless any separate agreement or document in respect of such line or cable prescribes a different distance
- Trees in the proximity of the said overhead line shall be limited to 3 (three) meters their horizontal distance from the nearest conductor of such line or otherwise be dealt with in such manner as to prevent interference with the said conductor in the event of such trees falling or being cut down. Should the Customer fail to observe the aforesaid provision then NORED Electricity shall have the right to trim and cut these trees after giving prior notification to the Customer of his representative and NORED Electricity shall be entitled to enter the property for this purpose.
NORED Electricity shall take all reasonable precautions to procure and maintain suitable plant for the distribution of electricity calculated to secure to its consumer a constant supply of electricity and shall procure efficient technical staff to control such plant, but NORED Electricity does not guarantee that the same will always be maintained, and NORED Electricity shall not be liable for damages, expenses or costs caused to the Customer from any interruption in the supply, variation of voltage or frequency, and failure to supply a balanced three-phase current or failure to supply electricity unless the said interruption or failure is due to the negligence of NORED Electricity in failing to carry out its obligations aforesaid. For purposes of the efficient operation and extension of NORED Electricity’s distribution system or if NORED Electricity should experience any shortage of supply, NORED Electricity shall have the night to interrupt the supply to the Customer.
On request of the Customer, NORED Electricity will disconnect the supply for any temporary period but the Customer will continue, for the period of temporary disconnection, to be liable for the charges.
Should the Customer fail to comply with any of the conditions of this Agreement, other than the failure to pay any account in accordance with the provisions of Clause 12 hereof NORED Electricity shall be entitled to give the Customer notice to remedy the fault if the Customer fails to remedy the default within 14 days of receipt of such notice. NORED Electricity may discontinue the supply and terminate the Agreement.
Should the Customer be placed in liquidation or under sequestration, whether voluntary or compulsory, NORED Electricity shall be entitled to terminate the Agreement without notice, discontinue the supply of electricity and to claim payment forth with of all amounts outstanding, including interest, together with all expenses incidental to the disconnection of the supply by NORED Electricity and any other amounts payable by the Customer.
NORED Electricity may discontinue the supply immediately if the Customer has allowed the housing accommodating NORED Electricity’s equipment or any part of his installation to become defective so as in the opinion of NORED Electricity’s representative to be a danger to the life or property, NORED Electricity shall notify the Customer in writing of the disconnection and shall restore the supply once the cause of disconnection has been remedied.
Before a supply which has been disconnected under the provision of this Clause is reconnected, the Customer shall pay all arrears due to NORED Electricity and the re-connection fee, and furthermore, if required to do so by NORED Electricity shall provide an additional deposit as is provided for in Clause 11 hereof.
The Customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against him by NORED Electricity under or in connection with this Agreement. Notwithstanding the forgoing, NORED Electricity shall be entitled to bring proceedings in the Supreme Court where such proceedings would, but for the forgoing consent, fail outside the jurisdiction of the Magistrate’s Court.
Should the Customer commit any breach of this Agreement and NORED Electricity resorts to litigation, the Customer shall be responsible for all costs and expenses incurred by NORED Electricity as a result of such litigation including Attorney and Client costs, collection commission and tracing fees.
The Agreement shall come into force on the date of signing thereof and shall be terminable in accordance with the specific provision contained in the Agreement.
The Customer shall not seed or assign his rights or liabilities under the Agreement without the written consent of NORED Electricity, which consent shall not be unreasonably withheld.