ELX terms and conditions
By entering into this agreement the customer authorizes ELX ENERGY LTD to sign the termination of the subscriber’s contract with current provider for national policies and to arrange all formalities regarding the change of provider. On the basis of this authorization ELX ENERGY LTD may also obtain the necessary information regarding the shift from network owners and current electricity supplier. All switching power supply throughout the contract period of the supplier will be considered in the best and safest way. All prices are excl. VAT. ELX ENERGY LTD is subject to changes in government charges, as well as changes of conditions of operation of the sales companies.
ELX ENERGY LTD is not responsible for indirect losses, unless the loss was caused by gross negligence or will-full misconduct of ELX ENERGY LTD’s side. ELX ENERGY LTD’s total liability is limited to Euro 10.000, – for each case, unless the loss is due to gross negligence of ELX ENERGY Limited´s side. Customer may immediately terminate the Agreement upon material breach by ELX ENERGY LTD’s side or in case of bankruptcy, where ELX ENERGY LTD must stop delivering power and terminate all obligations after the termination date.
1 The customer is defined as the business customers who enters in agreement with ELX ENERGY LTD and removes electrical energy for their own use, and does not force a turnover on it. By the agreement, the customer must provide the company name, the corresponding number, billing address and plants, metering point ID, meter reading for manual meters, and contact person. For businesses, the 12-month appointment time unless otherwise agreed.
2 ELX ENERGY LTD has the right to offset the customer for the customer’s withdrawal of electricity according to the (n) price determination (r) the parties have agreed in the contract.
3 In the event of the client moving to a new address. ELX ENERGY LTD has the authorization to collect the necessary information from the network owner, and register ELX ENERGY LTD’s cooperative power supplier at the new address. The client is obliged to consult with ELX ENERGY LTD prior to relocation.
4 Product, when ELX ENERGY LTD purchases power from third parties it cannot be responsible for errors or omissions from these parties.
5th Hedging agreements are given according to appointment time in the contract. If the agreement is terminated before the end of the period, the customer must cover ELX ENERGY LTD’s direct financial loss, if the delivery price-hedging period is not completed. The direct economic loss is calculated under general tort principles and minimum 8 per cent. KWh. on the remaining years of the contract period.
6 Any price-hedging period is limited to a delivery volume that corresponds to the customer’s average power consumption over the last three years.
Consumption changes over +/- 10% during the accounting period, the ELX ENERGY LTD´s additional expenses in accordance with Proper consumption patterns throughout the year.
7 Any price fixed period does not apply if the adoption of implementing measures, which were adopted according to Sec. 5A Energy Act of 29.06.1990 No. 50, and the company who provide bankruptcy or bankruptcy report. These measures affect ELX ENERGY LTD’s ability to supply electrical power provided to the customer. In such cases, customers will be notified on ELX ENERGY LTD’s website about the new price and the supplier mm Price hedging period will be suspended until the authorities introduce terminating measures and normal supply is resumed.
8 Billing principle of operation is on account and payment in advance. Prepayment means that power consumption is payable until you have used power, which is based on actual consumption during the period. The customer is billed the current month plus two months of account, (on account period can still be longer if the meter reading is not available). The difference between the advance payment and the actual consumption (based on meter reading) calculated by each invoice when the meter reading is received from the customer network owner. If the customer has paid too much, this will be deducted from the next invoice. If the customer has paid too little, it is charged in the next bill.
9 If ELX ENERGY LTD has mistakenly used the second measure values than the measure values that the network company has made available for ELX ENERGY LTD, ELX ENERGY LTD will make a correction settlement so that the error is rectified. Request for correction settlement is barred by rules of law on limitation of claims of 05/18/1979 no.18. Deviations caused ELX ENERGY LTD not given measure values from the grid company in time relative to the billing date, and therefore the estimated consumption by settlement, cf. § 6, corrected by the first regular billing when measuring values are available.
10 If ELX ENERGY LTD communicated incorrectly the customer measurement value from the grid company, and has used these when settling with the customer, ELX ENERGY LTD does not require additional payment from the customer, and the customer can not claim reimbursement from ELX ENERGY LTD. Settlement for surplus or underpayment for electricity in those cases which the network company has notified the error measurement values to ELX ENERGY LTD, this is entirely a matter for the network company and customer network client of the network company.
11 If the invoice is not paid when due, interest on late payments and possible late fee may incur in accordance with applicable law.
12 Customer agrees that ELX ENERGY LTD may collect credit and decline the customer relationship if there are reasonable grounds for it (under extraordinary circumstances). In case of refusal, ELX ENERGY ceases all obligations under the agreement in its entirety. All personal data is entered (Act of 14 April 2000, No. 31) will be treated confidentially and in accordance with the Personal Data Act and will only be used to manage the customer relationship.
13 The contract may be terminated in writing by both parties with three month’s notice period before the contract expires. Upon termination, Customer must arrange for the renewal of agreements with suppliers of the services that the customer has used with ELX ENERGY LTD. Upon termination of the agreement before the expiration of the agreement, it will trigger refraction fee if it is a product with appointment time. Special Terms and Conditions for the supply of power between the customer and ELX ENERGY LTD, pursuant to this agreement, change of ELX ENERGY LTD requires 3 weeks notice on ELX’s website, or by direct message to the customer. When significant changes are to the detriment of the customer, the contract may be cancelled with written notice to the Company.
14 This Agreement may be assigned to ELX ENERGY LTD’s third party under the same conditions, without obtaining authorization from the customer.
15 This agreement is subject to Irish law. The ordinary courts shall resolve disputes arising out of the Agreement.