This Gas Supply Deemed Contract Scheme (the “Scheme”) is made pursuant to section 12 of the Energy Act (Northern Ireland) 2011 and condition 2.1 of the Gas Supply Licence awarded to Flogas Enterprise . It explains the terms and conditions that will apply to a Deemed Contract, being a contract that, by law, is imposed between parties where no existing contractual relationship exists (a “Deemed Contract”).
Application
The Scheme will apply to any gas supply point registered to Flogas Enterprise Limited (“Flogas”). It will apply where a customer has never entered into a contract with Flogas Enterprise and where they have moved into a property where gas is already provided by Flogas Enterprise and they have not agreed to a contract in advance. The Scheme will also apply to a customer who has decided not to agree a new supply contract (on the expiry of a previously signed contract).
Terms and Conditions
- The terms and conditions that will apply to a Deemed Contract are the same as those applicable to a contract agreed between parties for the same product, except that the charges made to the customer will be calculated with reference to deemed rates. The standard terms and conditions and the method for calculating deemed rates are not unduly onerous and are available upon request from Flogas Enterprise , as per the contact details below. Flogas Enterprise will provide a copy of the Deemed Contract within a reasonable time upon request.
- Where a customer intends the premises to be supplied with gas under a gas supply agreement with Flogas Enterprise or any other gas supplier, the Deemed Contract will continue to have effect until Flogas Enterprise or the other gas supplier, as appropriate, begins to supply gas to the premises under a signed gas supply agreement.
- Where Flogas Enterprise supplies gas to a customer’s premises under a Deemed Contract all reasonable steps will be taken to provide that customer with a notice:
- setting out the principal terms of the Deemed Contract;
- informing the customer that contracts with terms and conditions, that may be different from the terms and conditions of Deemed Contracts, may be available from Flogas Enterprise ; and
- to enter into a gas supply agreement with the customer as soon as reasonably practicable.
- The deemed rates applicable to a particular site, which will necessarily vary between sites as they include charges associated with the profile of the site (the level of which is set by the relevant Network Operators), will be set out by Flogas Enterprise in writing to the customer.
- Where a meter at a site is not read immediately before the time at which the customer took responsibility for a site, Flogas Enterprise reserves the right to estimate the quantity of gas supplied to the site (based upon the data it holds) until the time that the meter is read or the customer ceases to take supply of the gas or Flogas Enterprise ceases to supply gas to the premises under the Deemed Contract.
- If the gas supply point is subject to a Last Resort Supply Direction then the Deemed Contract is automatically terminated from the date the Last Resort Supply Direction comes into effect.
- The Deemed Contract will terminate, and is not subject to a termination fee, once the customer enters into a contract with Flogas Enterprise or any other gas supplier.
Flogas’s obligations
The law and Flogas Enterprise ’s gas supply licence provide that it must act in a certain way in relation to Deemed Contracts. Flogas Enterprise ’s processes are designed to ensure that these obligations are met.
The gas supply agreement starts when the customer starts taking a supply of gas from Flogas Enterprise .
The scheme is governed by the laws of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction in relation to this scheme.
Flogas Enterprise Contact Details:
Flogas Enterprise Limited,
The Mount,
2 Woodstock Link,
Belfast BT6 8DD
t: +44 (0) 28 9073 5883
