Reg. No. of contract
CONTRACT ON CONNECTION
TO distribuTION NETWORK
/CategOrY – GAS CUSTOMER HOUSEHOLD/
concluded in terms of Art. 43 (6) (g) of the Act No. 656/2004 Coll. on Energy and
on Amendments of Certain Acts, as amended
(hereinafter ”Contract“)
I. Parties
1. SPP – distribúcia, a.s.
Registered office: Mlynské nivy 44/b, 825 11 Bratislava
Reg. No.: 35910739
VAT ID: SK7020000372
Bank: VÚB, a. s. Bratislava, account No.:1119353/0200
Registration: District Court Bratislava I, section: Sa, file No.: 3481/B
Represented by:
(hereinafter ”distribution network operator“ or ”DNO“)
2. Name and surname:
Permanent residence:
Date of birth:
Represented by[1]:
According to the Power of Attorney of 1 enclosed to this Contract[2]
(hereinafter ”gas customer“ or ”applicant for connection“)
II. Subject-matter
1. The conditions of connection of offtake gas equipment to distribution network as well as related rights and obligations of DNO and the gas customer (applicant for connection) are stipulated by this Contract, Technical Conditions[3] of the distribution network operator (hereinafter ”Technical conditions“), Operating Regulations[4] of the distribution network operator who also determines commercial conditions of connection of offtake gas equipment of households to distribution network of DNO or its published specifications referred to by these Operating Regulations (”Operating Regulations“), as well as by valid generally binding legal regulations.
2. The distribution network operator and thegas customer (applicant for connection) agreed on the connection of offtake gas equipment specified in theRequest forConnection of Offtake Gas Equipment to Distribution Network (”offtake gas equipment“ or ”OGE“) that forms Annex No. 1 to this Contract and is integral part hereof (”Request forConnection“).
3. Further conditions of connection, in particular the specification of place and method of connection of offtake gas equipment to distribution network, are determined by the distribution network operator in the Opinion to the Request forConnection to Distribution Network that forms Annex No. 2 to this Contract and is integral part hereof (hereinafter ”Conditions of connection“).
III. Implementation of connection
1. The distribution network operator is obliged to connect the offtake gas equipment to distribution network, if the following conditions are fulfilled:
- The offtake gas equipment of the gas customer (applicant for connection) was established in accordance withconditions agreed by this Contract, and in particular with conditions specified in the Conditions of Connection.
- The offtake gas equipment passed tests and was subjected to overhauls prescribed by relevant technical regulations and standards[5] that confirmed that the offtake gas equipment was capable of safe operation and fully functional, which the gas customer (applicant for connection) is obliged to document by the report on overhaul and test of classified gas equipment[6];
- The conditions for connection of offtake gas equipment to distribution network laid down in the Technical Conditions and the Operating Regulations are fulfilled;
- The gas customer (applicant for connection) has no outstanding debts towards DNO according to this Contract;
- The gas customer (applicant for connection) submitted to the distribution network operator the Request for Connection of OGE to Distribution Network according to Art. III.2 of this Contract.
2. For the purpose of connection of offtake gas equipment to distribution network the gas customer (applicant for connection) shall submit to the distribution network operator the Request for Connection of OGE to Distribution Network (”Request forConnection “)[7] after he has paid the price for connection according to Art. IV of this Contract. The Request forConnection shall be accompanied by documents proving the fulfilment conditions set out inArticle III.1 of this Contract.
3. If the connection of offtake gas equipment to distribution network is conditional upon construction by the distribution network operator of certain part of gas industry facility (”connecting gas pipeline“), the construction of which is subject to apermit according to special legal regulations (building permit, announcement of construction work, permit for special use of road, etc.) and/or to issue of opinion by competent state authorities, DNO shall apply for the required administrative decisions and/or opinions authorizing DNO for implementation of connecting gas pipeline required for connection of offtake gas equipment to distribution network, unless the gas customer (applicant for connection) obtains or according to the Conditions of Connection is obliged to obtain these documents and implement the respective part of gas industry facility independently8.
4. DNO is not responsible for:
- Failure to issue or late issue of administrative decisions and/or opinions authorizing DNO for construction of connecting gas pipeline in case that such failure or late issue was caused otherwise than by fault of DNO;
- Failure to grant the approval of owners of land crossed by the connecting gas pipeline to its construction and operation on such land in the form of the Contract on Establishment of Easement, or making of the approval conditional upon inadequate consideration (e.g. inadequate financial compensation) or other inadequate condition with impact on the return on investment in construction of connecting gas pipeline.
If the respective administrative decisions and/or opinions authorizing DNO for construction of connecting gas pipeline are not issued to DNO for reasons that are not attributable to DNO and/or owners of land crossed by the connecting gas pipeline do not give approval to its construction in the form described in the previous sentence of this article, or the approval is made conditional upon inadequate consideration or fulfilment of other inadequate condition with impact on the return on investment, DNO has the right to withdraw from this Contract without reimbursement of costs incurred by the gas customer (applicant for connection) as aresult of such withdrawal.
5. DNO shall develop maximum effort under given circumstances to carry out works required for connection of offtake gas equipment to distribution network in 30 days from the date of submission of the Request forConnection andAssembly of Meter, if the customer has fulfilled all conditions for connection of offtake gas equipment to distribution network according to this Contract, Technical Conditions and Operating Regulations and proved their fulfilment to the distribution network operator and, in accordance with Conditions of Connection, and DNO has simultaneously implemented the connecting gas pipeline required for connection of offtake gas equipment to distribution network.
6. The prerequisite of assembly of the meter is the conclusion of ”Contract onNatural Gas Supply“ with the natural gas supplier at least 30 days before the start of natural gas offtake.
7. Requirements for gas quality and qualitative (physical and chemical) parameters of gas to be distributed to the offtake point of the gas customer are specified in theOperating Regulations and the Technical Regulations.
IV. Fee for connection
1. The gas customer (applicant for connection) is obliged to pay to the distribution network operator the Fee for connection of offtake gas equipment to distribution network in the amount determined by the distribution network operator in accordance with the Decree of the Regulatory Office for Network Industries and related decisions, valid at the time of submission of the Request for Connection. VAT shall be applied to this Fee.
2. The gas customer (applicant for connection) is obliged to pay the Fee for connection not later than in 15 days from the date of delivery of interim invoice for future provision of the service of connection to distribution network that shall be issued by DNO not later than in 15 days from the date of delivery of this Contract to DNO by the applicant. Payment shall be regarded as made on the day of crediting of the Fee for connection to account of DNO in full amount. Payment of the Fee for connection is the condition of implementation of connection of offtake gas equipment to distribution network.
3. If the gas customer (applicant for connection) does not pay the Fee for connection in accordance withArticle IV.2 of this Contract in spite of written request of DNO, the latter has the right to withdraw from this Contract.
V. Limitation and interruption of gas distribution, disconnection of offtake gas equipment
The distribution network operator has the right to limit or interrupt gas distribution under the conditions laid down by valid legal regulations or Operating Regulations and/or Technical Conditions and the right to disconnect the offtake gas equipment from distribution network under the conditions laid down in valid legal regulations or in Operating Regulations and/orTechnical Conditions.
VI. Final provisions
1. This Contract supersedes all previous statements as well as agreements between the parties in respect of connection of offtake gas equipment to distribution network.
2. The parties agree that this Contract shall expire 24 months from the its effective date, if gas customer (applicant for connection) does not prove within this time-limit to DNO that he has fulfilled the conditions of connection and theconditions of implementation of connection according to Article III. 1. of this Contract. This provision shall not apply if the non-fulfilment of the conditions of connection is caused by action on the part of DNO. The duration of this Contract can be changed by conclusion of an amendment to this Contract.
3. The parties agree that if DNO withdraws from this Contract for reasons set out inArticle IV.3 hereof, or the Contract expires according to Article VI.2 hereof, with the exception of cases caused by force majeure9, or the Contract is terminated by agreement of the parties at proposal of the customer (applicant for connection), then DNO has the right to request from the gas customer (applicant for connection) reimbursement of costs (in particular costs linked to determination of technical conditions of connection, procurement of administrative decisions and/or statements, elaboration of project documentation and costs of construction of the connecting gas pipeline, unless the gas customer (applicant for connection) obtains or according to the conditions of connection is obliged to obtain these opinions and to implement the respective part of gas industry facility independently) incurred by DNO in connection withpreparation of connection of offtake gas equipment of the customer (applicant for connection) and potential disassembly of connecting gas pipeline. The applicant for connection undertakes to pay costs set out in previous sentence to DNO in 15 days from the date of delivery of the request for their payment (in case of withdrawal from the Contract by DNO or expiration of the Contract) or on the basis of agreement on termination of the Contract (in case of termination of the Contract by agreement of the parties at proposal of the customer (applicant for connection)). The parties agree that their rights and obligations under this paragraph shall survive the termination of this Contract.
9 Defined in the Operating Regulations.
4. The applicant for connection is obliged to provide to DNO upon request all required support in the preparation andimplementation of connecting gas pipeline. In case of non-provision of support (e.g. failure to enable the harmonisation of project documentation of connecting gas pipeline andOGE, failure to enable the implementation of connecting gas pipeline), DNO is not obliged to meet the planned deadline of connection set out in Annex No. 2 to this Contract.
5. If the applicant for connection later disagree with technical and commercial conditions of connection determined by DNO, has the right to withdraw from this Contract in 5 working days from the date of its delivery to DNO. He is obliged to submit the withdrawal from the Contract obliged in writing to the distribution network operator in this period of 5 working days.
6. This Contract is concluded in accordance with provision of Section 51 of Act No. 40/1964 Coll., Civil Code, as amended. Legal relations not stipulated by this Contract or by Act No. 656/2004 Coll. on Energy and on Amendments of Certain Acts, as amended, Act No. 276/2001 Coll. on Regulation in Network Industries and on Amendments of Certain Acts, as amended, or generally binding legal regulations issued for their implementation are governed by applicable provisions of Act No. 40/1964 Coll., Civil Code.
7. Any amendments to this Contract require thewritten form.
8. Until signature of this Contract by the gas customer (applicant for connection) the text of the Contract is only regarded as a proposal for conclusion of the Contract, that the gas customer (applicant for connection) can only accept in the following manner and within the following time-limits:
a) To sign all copies of the proposal for conclusion of this Contract, and
b) To deliver one copy of signed proposal for conclusion of this Contract to DNO not later than in 30 days from the date of delivery of the proposal for conclusion of this Contract to the applicant for connection.
If the applicant for connection does not fulfil both conditions set out ina) andb) above within specified time-limits, the proposal for conclusion of this Contract expires. DNO shall confirm the fulfilment of conditions laid down in a) andb) above and the origination of the Contract to the applicant for connection in writing.
9. This Contract is valid from the moment of its signing by the applicant and takes effect from the date of delivery of one copy hereof by the applicant forconnection to DNO in accordance withparagraph 8 of this article.
10. If any ofprovisions of this Contract is invalid fully or partially or becomes invalid at alater date, it has no effect othe validity of the other provisions of this Contract. The parties undertake to immediately replace such invalid provision by aprovision corresponding to valid legal regulations that shall maintain the meaning of the initial invalid provision and correspond to the initial will of the parties and purpose of this Contract.
11. This Contract as well as legal relations resulting hereunder are governed by the law of the Slovak Republic. Potential disputes arising from or relate to this Contract shall be resolved by competent courts of the Slovak Republic.
12. This Contract is executed in 3 counterparts, of which the distribution network operator shall receive one and the gas customer (applicant for connection) two counterparts.
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For the distribution network operator For the gas customer (applicant for connection)
SPP – distribúcia, a.s.
Annex No. 1: Request forConnection
Annex No. 2: Conditions of Connection