RFI - Attachment 8 - Energex Netwrok Connection Contract

                                                                                                                                         3044 09.10.2018
                                                                                                                                             Page 7 of 11




Part 2 – General Terms and Conditions
 1.     In this contract:                                                             materially and substantially from the physical conditions which
                                                                                      should reasonably have been anticipated by an experienced and
        Approvals means any consent, declaration, authorisation,
                                                                                      competent contractor at the date of the offer for Energex
        exemption, waiver or other approval required under any law,
                                                                                      Connection Services;
        statute, act, rule, order or regulation which is enacted, issued or
        promulgated by the State of Queensland, the Commonwealth of                   Maximum Connection Capacity means the maximum capacity
        Australia or any relevant local authority (including but not limited          of the connection point at the Premises as specified in Item 6 of
        to town planning approvals, building approvals, vegetation taking             Part 1;
        permits and soil disposal permits);
                                                                                      Metering Coordinator has the meaning given by the National
        Completion Date means the date determined in accordance with                  Electricity Rules.
        Item 12 of Part 1;
                                                                                      Metering Equipment means a device installed at the Premises
        Connection Charges means the connection charges identified in                 complying with Australian Standards that measures and records
        Item 8 of Part 1;                                                             the production and consumption of electrical energy;

        Connection Point means the point where your electrical                        Premises means the premises described in Item 4 of Part 1;
        installation is connected to the Energex distribution network;
                                                                                      Premises Connection Assets are those assets as described in
        Consumer Mains means the conductors between the                               Item 5 of Part 1;
        Connection Point and the main switchboard at the Premises;
                                                                                      Service Line means an electric line owned by Energex that
        Customer means the individual/s or business entity identified in              connects the Energex distribution network to the Connection
        Item 2 of Part 1 that have entered into a contract to purchase                Point;
        electricity with an Electricity Retailer;
                                                                                      Tariff Schedule means the Energex Tariff Schedule published
        Customer’s Activities means the work described in Schedule 1                  from time to time on its website setting out the charges and
        and further includes:                                                         services provided by Energex;
        (a)     all items necessary and incidental to the completion of               Work Activities means the Customer’s Activities and Energex
                such work including the obtaining of any Approvals for                Connection Services; and
                such work; and
                                                                                      You means the Customer identified in Item 2 of Part 1.
        (b)     the obtaining of all Approvals necessary for the
                completion of the Energex Connection Services other            2.     (Energex Connection Services) Energex must:
                than the Energex Obtained Approvals;                                  (a)     endeavour to obtain all Energex Obtained Approvals
                                                                                              necessary for the Energex Connection Services;
        Electricity Retailer means the entity with whom you have a
        contract to purchase electricity;                                             (b)     save for the Customer’s Activities, undertake the
                                                                                              design, construction and commissioning of the Energex
        Energex Connection Services means the work described in
                                                                                              Connection Services; and
        Item 7 of Part 1;
                                                                                      (c)     undertake the Energex Connection Services in
        Energex Obtained Approvals means the Approvals listed in                              accordance with the Manual referred to in Item 13 of
        Item 11 of Part 1;                                                                    Part 1.
        Force Majeure event means an event outside the reasonable              3.     (Nature of Energex Connection Services) You acknowledge
        control of you or Energex, including:                                         that:
        (a)     acts of God, explosion, rain, inclement weather, flood,               (a)     Energex may determine the design, specification and any
                    lightning, tempest, fire or accident;                                     other requirements for the Energex Connection
        (b)     war, hostilities (whether war is declared or not), invasion                   Services in its absolute discretion including but not
                or act of foreign enemies;                                                    limited to:
        (c)     rebellion, revolution, insurrection, military or usurped                      (i)     determining the point of origin, the route, the
                power or civil war;                                                                   length and facilities required for the Service Line;
        (d)     riot, civil commotion or disorder;                                                    and

        (e)     acts, restrictions, regulations, by-laws, refusals to grant                   (ii)    determining and approving the location of the
                any licences or permissions, prohibitions or measures of                              Connection Point.;
                any kind on the part of any governmental authority;                   (b)     the Energex Connection Services may from time to
        (f)     strikes, lock-outs or other industrial actions or trade                       time include works or other activities necessary to deal
                disputes of whatever nature; and                                              with an emergency; and

        (g)     any acts or omissions of subcontractors;                              (c)     the Maximum Connection Capacity will be as stated in
                                                                                              Item 6 of Part 1.
        Latent defect means physical conditions on the Premises or its
        surroundings, including artificial things but excluding weather
        conditions or the effect of weather conditions, which differ

                                    Energex Limited ⚫ GPO Box 1461 Brisbane Queensland 4001 ⚫ ABN 40 078 849 055

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