Commercial Terms and Conditions

1. These terms and conditions (the “Conditions”), together with the plan and specification issued by Gas Networks Ireland to the applicant constitute the entire agreement between the applicant and Gas Networks Ireland with respect to the installation of a gas supply at the site referred to in “Your order Summary” (the “Order”) and shall prevail over and supersede all prior agreements, purchase orders, understandings, statements and communications between the parties with respect to the Order. Without prejudice to the generality of the foregoing, these Conditions shall apply to the exclusion of any terms and conditions which the applicant may purport to apply at any time, whether contained in any acknowledgement of the Order otherwise. In any circumstances where the applicant has not previously formally accepted these Conditions, acceptance of the Order and payment shall be deemed conclusive evidence of the applicant’s acceptance of these Conditions.

2. The applicant warrants that it is the freehold owner of the site, which it wishes to have supplied with gas and shall on request execute a deed of easement in the format laid down by Gas Networks Ireland from time to time and preserve the title of Gas Networks Ireland to any mains or pipes installed on the property of other persons.

3. The applicant agrees to comply with all applicable statutes, directions, byelaws or other lawful requirements or instruction, whether of government or of any local or other lawful authority and agrees to obtain all necessary licences, permits or authorities that may be required for the installation.

4. The connected unit(s) will commence using gas within 6 months of the completion of the installation otherwise any discount will become payable.

5. Gas/installation downstream of meter shall be the sole responsibility of the applicant.

(a) Downstream installation must conform to I.S. 820 & I.S. 813.

(b) A declaration of conformance to I.S. 820 & I.S. 813 must be obtained and provided to Gas Networks Ireland by the applicant.

6. The position of the gas main in relation to other services to be agreed before pipe laying commences.

7. Only meter compartments approved by Gas Networks Ireland can be used on the development.

8. The applicant will not deviate from the plans and specification without the prior consent of Gas Networks Ireland.

9. Prior to construction commencing on site, a meeting to be held with Gas Networks Ireland sales and construction staff to agree construction procedures and programme.

10.

(a) The applicant will be solely responsible at all times for maintaining and keeping excavations and reinstatements in a safe and secure condition and will indemnify and keep indemnified Gas Networks Ireland, its servants, agents and contractors against all claims, demands, proceedings, damages and expenses whatsoever in respect thereof.

(b) Gas Networks Ireland shall not be liable for any claim, whether brought against the applicant or against Gas Networks Ireland, either under any statute or common law by any person arising from any cause other than Gas Networks Ireland negligence or that of its employees and the applicant shall indemnify Gas Networks Ireland against any such claim and the costs of any legal proceedings.

(c) The applicant will effect insurance to cover the liability undertaken by the applicant under this clause and will, upon the request of Gas Networks Ireland at any time, produce for inspection the relevant policy and the receipt for premium paid.

11. The connection cost stated in the Order is payable by credit or debit card immediately upon acceptance of the Order. The applicant acknowledges and agrees that the connection cost is a non-refundable contribution to the capital cost incurred by Gas Networks Ireland in relation to the installation of the gas supply at the site. All other payments of sums that may become due to Gas Networks Ireland under these Conditions shall be made by the application on the due date and any overdue amounts shall be subject to interest (as well after as before any judgment) at the rate as may be specified from time to time pursuant to regulation 5 of the European Communities (Late Payment in Commercial Transactions) until payment in full.

12. The gas meter (meters) will only be fitted on completion of a gas supply agreement with the applicants gas supplier. The gas supplier will agree the meter fit date with Gas Networks Ireland.

13. Gas Networks Ireland shall make all reasonable efforts to complete the installation in accordance with the agreed programme but Gas Networks Ireland shall not be liable for any loss or damage suffered by the applicant in respect of delays resulting from any cause whatsoever.

14.

(a) The contract sum shall be adjusted by the amount of any increase in the cost to Gas Networks Ireland of performing this connection due to increases after the date of this agreement.

(b) The contract sum shall be adjusted by the amount of any increase to the cost to Gas Networks Ireland of performing this agreement due to any alteration after the date of this agreement in the rate of VAT.

(c) The applicant shall indemnify Gas Networks Ireland against any costs, expenses, fees or charges under any enactment or any instrument, rule or order made under any enactment and any regulations and bye-laws of any local authority in connection with the installation.

(d) The applicant shall indemnify Gas Networks Ireland against all costs, expenses, fees or charges arising in connection with any archaeological investigation of the installation work.

15. The contract sum covers the items of the specification only and unless otherwise expressly stated, does not include any of the following ancillary works required to be carried out by other trades, supply and use of access of or lifting equipment, fuel, water, gas or electric current, lighting, fees of surveyor, insurance inspectors or any other inspecting authority, excavation, reinstatement or maintenance of any trench.

16. Gas Networks Ireland reserves the right to employ sub-contractors to carry out the whole or part of the work.

17. All apparatus, pipelines and materials delivered to the site shall be at the risk of the applicant. In the event of any loss or damage from any cause whatsoever to the said apparatus, pipelines or materials (other than arising from the negligent act or omission of Gas Networks Ireland) the applicant shall indemnify Gas Networks Ireland in respect thereof.

18. Gas Networks Ireland will repair, or at its option, replace free of charge any materials or work found to be defective, if the defect is due to faulty manufacture or workmanship and is brought to its attention within 12 months of the completion of the work provided nevertheless that Gas Networks Ireland:

(a) Shall not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise,

(b) Shall not be liable for loss or damage direct or indirect from any extra work entailed due to the apparatus being put into operation by the applicant or by Gas

19. Unless expressly stated the plans and specifications shall not be binding as to detail.

20.

(a) The title to and ownership of all apparatus and pipelines installed or to be installed at the site will at all times remain and vest in Gas Networks Ireland.

(b) The applicant shall not do or cause or permit to be done anything which causes damage or destruction to any apparatus or pipeline, interferes with its operation or materially interferes with Gas Networks Ireland access to same.

(c) Gas Networks Ireland shall have the right to install and keep installed, maintained, operate and repair the apparatus and pipeline and carry out work relating to the installation, maintenance, inspection, alteration, removal, extension and replacement of the apparatus and pipeline.

21. Gas Networks Ireland shall be entitled to terminate this agreement without liability by written notice to the applicant if in the opinion of Gas Networks Ireland it is not practicable or economic to provide the gas installation. In the event that Gas Networks Ireland exercises its right to terminate, then Gas Networks Ireland shall return the connection cost to the applicant.

22. Gas Networks Ireland a designated activity company, limited by shares, incorporated in Ireland with registered number 555744 and having its registered office at Gasworks Road, Cork T12 RX96. The rights and obligations of Gas Networks Ireland under this agreement are exercised and carried out by Gas Networks Ireland pursuant to and in accordance with law and approved by the Commission for Regulation of Utilities. Once the installation has been completed and you have been connected to natural gas the Gas Networks Ireland Conditions for Gas Users at Non-Daily Metered (NDM) Offtake Points, attached to these Conditions, will supersede these Conditions and will govern our relationship for so long as the Premises remains connected to the gas network. If you are a Local Authority you will ensure that the resident at the Premises is furnished with a copy of the Gas Networks Ireland Terms and Conditions for Gas Users at Non-Daily Metered (NDM) Offtake Points, attached to these Conditions, and that the resident is advised that those conditions will supersede these Conditions and will govern our relationship with the resident for so long as the Premises remains connected to the gas network.

Version number: 130308