RFI - Attachment 8 - Energex Netwrok Connection Contract

                                                                                                                                              3044 09.10.2018
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               guarantees, conditions, warranties or rights that cannot                        received a valid Tax Invoice (or a valid Adjustment Note)
               be excluded or limited.                                                         for that Taxable Supply.
       (b)     Subject to any such non-excludable rights under                  18.2   Reimbursements
               consumer protection laws, Energex gives no guarantee,
                                                                                       If a payment to a party under or in connection with this contract is
               condition, warranty or undertaking, and we make no
                                                                                       a reimbursement or indemnification, calculated by reference to a
               representation to you about the condition or suitability of
                                                                                       loss, cost or expense incurred by that party, then the payment
               electricity or the Energex Connection Services, the
                                                                                       must be reduced by the amount of any Input Tax Credit to which
               quality, fitness for purpose or safety of the electricity
                                                                                       that party is entitled for that loss, cost or expense. That party is
               supplied or of the Energex Connection Services, other
                                                                                       assumed to be entitled to a full Input Tax Credit unless it proves,
               than those set out in this contract.
                                                                                       before the date on which the payment must be made, that its
       (c)     Any liability Energex has to you under these laws that                  entitlement is otherwise.
               cannot be excluded but that can be lawfully limited is (at
                                                                                18.3   Adjustment Events
               Energex's option) limited to:
               (i)     providing equivalent goods and services to those                If, at any time, an Adjustment Event arises in respect of any
                       provided under this contract to your Premises; or               Taxable Supply made by a Supplier under this contract, a
                                                                                       corresponding adjustment must be made between the parties in
               (ii)    paying you the cost of replacing the goods or
                                                                                       respect of any amount paid pursuant to clause 18.1. Payments to
                       services provided under this contract to your
                                                                                       give effect to the adjustment must be made between the parties
                       Premises or acquiring equivalent goods and
                                                                                       and the Supplier must issue a valid Adjustment Note in relation to
                       services;
                                                                                       the Adjustment Event.
       (d)     Sections 97 and 97A of the Electricity Act 1994 (Qld) and
                                                                                18.4   GST Group
               119 and 120 of the National Electricity Law, and any
               other limitations of liability or immunities granted under              If a party is a member of a GST Group, references to GST which
               electricity legislation, are not limited in their operation or          the party must pay and to Input Tax Credits to which the party is
               application by anything contained in this contract.                     entitled, include GST which the representative member of the
       (e)     To the maximum extent permitted by law, and despite                     GST Group must pay and Input Tax Credits to which the
               any other provision in this contract, Energex is not liable             representative member of the group is entitled.
               to you (whether under contract, in tort, in equity, under        18.5   Non-monetary Consideration
               statute or otherwise) for any loss of profit, loss of
                                                                                       If a supply made under this contract is a Taxable Supply made for
               revenue, loss of use, loss of contract, loss of data, loss of
                                                                                       non-monetary consideration then:
               production, loss of opportunity, loss of goodwill, or any
               indirect, incidental, special or consequential damage, cost             (a)     the Supplier must provide the Recipient with a valid Tax
               or loss, howsoever caused.                                                      Invoice which states the GST inclusive market value of
                                                                                               the non-monetary consideration; and
         (f)   This clause 16 will survive the termination of this contract.
                                                                                       (b)     for the avoidance of doubt any non-monetary
17.    (Information) Energex will provide you with information that you                        consideration payable under or in connection with this
       reasonably request about your connection, if that information is in                     contract is GST inclusive.
       the possession or control of Energex as soon as reasonably
                                                                                18.6   Definitions
       practical following a request from you in writing.
                                                                                       Words or expressions used in this clause which are defined in the
18.    (GST)
                                                                                       A New Tax System (Goods and Services Tax) Act 1999 (Cth) and
18.1   (Goods and Services Tax)                                                        related imposition and amending Acts have the same meaning in
       Any Consideration to be paid or provided for any supply made                    this clause.
       under or in connection with this contract, unless expressly              18.7   Survival
       described in this contract as including GST, does not include an
                                                                                       This clause will continue to apply after expiration or termination of
       amount on account of GST.
                                                                                       this contract.
       Despite any other provision in this contract, if a party (Supplier)
                                                                                19.    Special Conditions) You and Energex agree any Special
       makes a Taxable Supply under or in connection with this contract
                                                                                       Conditions contained in Part 3 form part of the Agreement, and to
       on which GST is imposed:
                                                                                       the extent of any inconsistency with the terms of this Part 2, apply
       (a)     the GST exclusive Consideration otherwise payable or to                 in preference to the terms contained in this Part 2.
               be provided for that Taxable Supply under this contract
               but for the application of this clause is increased by, and      20.    (General) You and Energex agree:
               the recipient of the supply (Recipient) must also pay to                (a)     Energex will be relieved from complying with any
               the Supplier, an amount equal to the GST payable by the                         obligation under this contract to the extent it is prevented
               Supplier on that Taxable Supply; and                                            from performing the obligation by any matter or thing
       (b)     the amount by which the GST exclusive consideration is                          beyond Energex's reasonable control;
               increased must be paid to the Supplier by the Recipient
                                                                                       (b)     you must keep this contract and the terms of all dealings
               without set off, deduction or requirement for demand, at
                                                                                               with Energex in connection with this contract confidential;
               the same time as the GST exclusive consideration is
               payable or to be provided. However, the Recipient need                  (c)     notwithstanding clause 10(b), all materials, plant,
               not pay any amount referable to GST unless they have                            equipment or other items provided by Energex as part of


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

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