General Terms and Conditions of the Combined Services Agreement with End Customers with Standardized Load Profile на Power Syst EOOD
General Provisions
Art. 1.
(1) With these General Terms and Conditions of the Combined Services Agreement between Power Syst EOOD, UIC 200956954, with seat and registered address Sofia, Sofia 1592, Iskar district 41 Christopher Columbus Blvd., fl. 7 and end non-household or household customers connected to the respective electric power distribution network, for which standardized load profiles are applied.
(2) In the texts of the General Terms and Conditions “Power Syst” EOOD will be shortly referred to as the “Seller”, non-household / household customers – Customer/ s, and both parties together – the “Parties”.
Art. 2.
(1) The seller carries out “electric power trade”, according to its License for electric power trade No. L-466-15 / 27.04.2016, supplemented with rights and obligations related to the activity “coordinator of a standard balancing group”, according to art. 39, para. 1, item 5 of the Energy Act, issued by the Energy and Water Regulatory Commission.
(2) The seller is entered as a coordinator of a standard balancing group in the public register of the independent transmission operator – “electric power System Operator” EAD, in accordance with the requirements of the Rules for Electricity Trading (RET – issued by the Energy and Water Regulatory Commission) with an “active” status and code 32X001100101165O.
(3) The customers are natural or legal persons who buy active electricity for non-household needs or for their own household needs and to whose Site a standardized load profile is applied, according to RET.
(4) The customers are indirect members of the standard balancing group with coordinated by Power Syst EOOD.
Art. 3.
(1) These General Terms and Conditions regulate:
1. The procedure for concluding a combined services agreement and transfer of the customer to the standard balancing group of the Seller.
2. The rights and obligations of the parties to the Combined Services Agreement relating to:
a) the sale of active electric power at freely negotiated prices;
b) the customer’s participation in the Seller’s standard balancing group
c) the payment by the Customer for the network services: “access to the electric power transmission and / or electric power distribution network”, “transmission of electric power through the electric power transmission and / or electric power distribution network”
d) the conditions and the procedure for termination or interruption of the electric power supply;
e) Liabilities of the parties in case of non-fulfillment of their obligations.
(2) The seller shall carry out his activity in accordance with the requirements of the current legislation.
Definitions and abbreviations
Art. 4.
For the purposes of these General Terms and Conditions:
1. “Balancing group” means a group of trade participants who have transferred the responsibility for balancing to a single coordinator and to whom the general principles for balancing of this coordinator are applied, according to RET;
2. “Combined services Agreement/CSA” is the individual contract, upon the application of the present general conditions, concluded between the Seller and the Customer, whose subject, according to art. 20 of the Rules for electricity trading (RET), covers the sale of electric power and payment for all services used by the end customer: “access to the electric power transmission and / or electric power distribution network”, “transmission of electric power through the electric power transmission and / or electric power distribution network” and “balancing responsibility”,
3. “Contract for sale of electricity / CSE is the individual contract, subject to these general conditions, concluded between the Seller and the Customer with object / and hourly metering of electricity, the subject of which is the sale of electric power and transfer of responsibility for balancing.
4. “Supplier of last resort / SLR” is a company, which is licensed for the territory on which the supplied Site of the Customer is located, to perform the activity “supply of electric power to customers who have not chosen another supplier or the selected supplier does not perform supply for reasons beyond the customer’s control “, according to the EA.
5. “Quantity of electric power supplied” means the quantity of electric power:
a) measured by the commercial metering devices for the SLP Object;
b) according to registered trade schedules or measured by the means of commercial measurement for the PI Object, as agreed in the CSE;
6. (new, 04.08.2021) “Agreed amount of electric power” is the amount of electricity (in MWh and / or kWh), agreed between the Seller and the Client in the CSE (for the term of the contract and distributed monthly).
7. (new, 04.08.2021) “E” is the day of delivery;
8. (new, 04.08.2021) “D-1” is the day preceding the day of delivery (D);
9. (new, 04.08.2021) “D-2” is the day preceding the day D-1;
10. ‘Electric power’ means the active electrical energy measured in kWh.
11. “Network operator” is the respective electric power distribution network operator, licensed by EWRC, to whose network the supplied Customer’s Site is acceded.
12. ‘Grid services’ means the following services: access to the electric power transmission grid, transmission of electric power through the electric power transmission grid, access to the electric power distribution networks, transmission of electric power through electric power distribution networks and other services provided by NTO and network operators.
13. “Independent Transmission Operator / NTO” is the “electric power System Operator” EAD, licensed by EWRC according to the Energy Act.
14. “Imbalance” is the deviation between the quantities of electric power according to the registered consumption schedules, according to RET and the approved measured values for consumed quantities of electric power for each individual settlement period, as
(a) ‘Surplus imbalance’ means the amount of electric power constituting the difference between the amount of electric power on the schedule for consumption of the Site and the amount of electric power measured with the commercial metering device, where the quantity on the schedule exceeds the amount measured;
b) “Imbalance of shortage” is the amount of electric power constituting the difference between the measured amount of electric power with the commercial metering device and the amount of electric power according to the registered consumption schedule for the Site in cases where the measured amount exceeds the registered schedule. In the case of SLP, the provisions of the RET apply.
15. “Site / supplied Site” is a site of the Client for which electric power is supplied under the CSA, respectively SLR and which is: a) connected to the relevant electric power distribution network, b) the supplied electric power for this object is measured with a commercial metering device owned by the respective network operator, c) a standardized load profile (SLP object) is applied to this object or the electric power is measured with an hourly metering HM (PI object) and d) it is identified by site-specific identification code (measuring point, ITN – Metering Point Number, UIN). This identification code is a permanent alphanumeric identification code determined by the respective network operator for each place of metering of electric power supplied to the supplied Object. For the avoidance of any doubt, each electrical installation of each Client, which is separate in terms of electric power metering, constitutes a separate Site.
16. “General principles” – General principles for distribution of imbalances within the standard balancing group (“General principles”), coordinated by “Power Syst” EOOD, which apply to the participants in the group and are published on the website of the Seller, where for the Customers with standardized load profile the principle of “full transfer of the responsibility for imbalance to the coordinator of the balancing group (the cost for imbalance is included in the price of the active electric power sold) is applied”.
17. “Reporting period” is a calendar month, including the period from 00:00 on the first calendar day of the month to 24:00 on the last calendar day of the month or another period, depending on the metering of the consumed electric power using commercial metering devices by the respective network operator.
18.”Hourly metering” means the metering of electric power consumed by a commercial metering device at any given settlement period.
19. “The settlement period is a period of 1 hour or another period, as announced by the NGO in accordance with the PTEE.
20. “Standard balancing group / SBG” is the group of trade participants with coordinator “Toki Power” AD, which meets the requirements of the Energy Act and is registered by the independent transmission operator.
21.”Standardized load profile” is a specific standardized load profile from the standardized load profiles, which are applied by the respective network operator and which specific standardized load profile is assigned to the Customer’s Site according to and in compliance with RET.
22. “Commercial metering devices” are technical means for measuring the electric power delivered at the point of delivery, which are property of the respective network operator, to which the supplied Site of the Customer is connected.
23. “Delivery point (s)” – the points of connection of the supplied Site/ s of the Customer to the electric power distribution network, where the supplied electric power is measured by commercial metering devices, owned by the respective network operator.
24. “Trade (TPS) schedule” is an hourly trade schedule for energy consumption for a respective site, which is prepared and registered on day D -1, in accordance with and in accordance with the PTEE.
25. “Price package” are specific price offers of the Seller for a certain period of time.
26. “Pricing decision of EWRC” is a decision of the Energy and Water Regulatory Commission applicable to the respective period, which determines/ approves the “obligations to the society” charge (under Art. 30, para 1, item 17 of the Energy Act or another relevant legal act) and the prices of the network services for NTO and network operators;
27. “Energy Act” is the Energy Act, prom. SG. issue 107 of December 9, 2003 with all subsequent amendments and additions;
28.“RET” are Rules for electric power trading, adopted by the Energy and Water Regulatory Commission on the grounds of Art. 91, para 2 of the Energy Act, prom. SG, no. 66 of 26.07.2013 with all subsequent amendments and additions.
29.EWRC means the Energy and Water Regulatory Commission;
30. BNEB is the Bulgarian Independent Energy Exchange AD
Procedure for concluding a Combined Services Agreement (CSA) and transferring the customer to the Seller’s SBG
Art.5.
(1) The Customer submits a request for concluding a CSA and selects a proposed price package for the sale of electric power electronically through an electronic platform on the website: http://www.toki.bg, providing and confirming the following data to the Seller for the purpose of concluding the contract:
1. For customers, who are legal entities – name, UIC, registered address, address for correspondence, including e-mail address, the full name of the person / persons representing the legal entity based on the registration, and for customers who are natural persons – full name, PIN, permanent address and correspondence address, including e-mail address;
2. The sites for which the CSA is concluded, administrative address of these sites and identification code of each of the Sites;
3. A copy of the electric power invoice issued for the previous two months by the current supplier of the Customer.
(2) Client with hourly measurement, submits a request for conclusion of SLR. The request can be submitted electronically to the email of the Seller, published on the website: http://www.toki.bg. Together with the data under para 1, the Client shall provide to the Seller data for one year, preceding the date of submission of the request for the monthly energy consumption and load profile of the site, as the Seller:
1. may request additional information and documents for providing a price offer to the Client, to clarify the Client’s consumption and / or if the Client’s site has a non-standard load profile and / or other specific features or the Client has more than one site;
2. offers a price offer and a project of SLR to the Client.
(4) The Customer signs the CSA sent by the Seller electronically in one of the following ways:
1. with a qualified electronic signature of the Customer or of a person representing the Customer based on its commercial registration, or
2. by signing and presenting the signed contract at the Seller’s office.
(5) Upon signing the CSA by an authorized person, the proxy shall also present a notarized power of attorney issued by the Customer.
(6) The customer shall be obliged to provide any information and / or documents additionally required by the respective network operator upon carrying out the procedure for changing the electric power supplier and coordinator of a balancing group, according to RET.
(7) Upon signing the contract, the Seller shall send the contract electronically to the Customer to the e-mail address indicated by the latter under para 1.
(8) The seller shall undertake the implementation of the procedures for changing the supplier / coordinator of a balancing group based on RET, if the conditions required are duly met.
(9) The Seller is not responsible and does not owe compensation to the Customer:
1. if the Customer has not signed and sent, respectively the Seller has not received the Contract under para 3, no later than two working days before the 10th day of the respective calendar month, or;
2. if the data submitted by the Customer are inaccurate, incomplete or incorrect and an application for initial registration on the market at freely negotiated prices and / or change of supplier / coordinator under the RET cannot be submitted by the Seller to the respective network operator, or;
3. The customer has outstanding obligations to its current electric power supplier and / or to the current balancing group coordinator and / or when the procedure for initial market registration and / or change of supplier / coordinator is suspended or rejected by the respective network operator based on a reasoned objection by its current supplier or for other reasons, according to the RET and the current legislation.
(10) In case of a Client’s site connected to the “low voltage” network with provided power up to 100 kW, Chapter Two of these General Terms and Conditions shall apply, unless otherwise agreed in the individual contract.
(11) If the Client has not provided or has provided inaccurate information on the type of JTI at the conclusion of the CSD, the individual contract is considered concluded under Chapter Three of these General Terms (combined services), as if the Client refuses to sign an additional agreement on outstanding issues, the Seller has the right to suspend the supply of electric power and terminate the contract from the 1st of the following month.
Chapter two.
General terms and conditions of the contract for combined services with end customers with a standardized cargo profile
Subject of the Combined Services Agreement (CSA)
Art. 6.
(1) The Seller is obliged to sell, and the Customer is obliged to buy the amount of active electric power, measured by commercial metering devices, under these General Terms and Conditions, for the Site/ s, individualized in the CSA.
(2) The Customer agrees to participate in the standard balancing group of the Seller and transfers the responsibility for balancing in relation to the Site (s), and the Seller assumes the responsibility for balancing the latter.
(3) The Customer is obliged to pay to the Seller all network services: “access to the electric power transmission and distribution network”, “transmission of electric power through the transmission and distribution network”.
(4) By signing the combined services agreement the Customer authorizes the Seller to conclude on his behalf and for his expense contracts with the respective network operator and with the provider of last resort, as well as to submit the application for initial registration of the Customer according to EA.
Entry into force, term and beginning of implementation of the CSA
Art. 7.
(1) The Seller and the Customer sign the CSA under these General Terms and Conditions, with which they agree on the price of electric power, the Customer’s site (s) for which the electric power is supplied, the terms for payment of the amounts due by the Customer, the Seller’s authorization, according to Article 6, paragraph 4.
(2) Unless otherwise agreed in the CSA, the term of delivery shall be one year from the date of entry into force of the CSA.
(2) The CSA shall enter into force on the first day of the month immediately following the month in which the respective network operator has completed the procedures for changing the supplier and coordinator of a balancing group and respectively the Buyer is registered as a member of the standard balancing group of the Seller in accordance with the RET, except for the clauses regulating the authorization of the Seller by the Customer, which enter into force on the date of its signing by the parties.
(3) From the date of entry into force of the contract, the Seller shall start supplying electric power to the Customer.
(4) The concluded CSD is automatically extended for a new one – year period, if neither of the parties objects at least 30 days before the expiration of the contract that it does not wish to automatically renew the contract.
(5) The seller has the right to offer a new price of electric power for a new one-year period no later than 30 days before the expiration of the DCU. If within 5 (five) days of the offer, the Client explicitly rejects the offer, the CSC shall be terminated upon expiration of the initial term. If the Client accepts or does not respond within the specified period, the CSC is considered automatically extended for a new one-year period at a price according to the offer of the Seller.
Art. 8.
(1) The Customer agrees with the Seller to initiate the initial registration of the Customer and the change of the supplier / coordinator, according to the requirements of RET, by performing all legal and factual actions required.
(2) The Customer undertakes to render the necessary assistance to the Seller for the registration on the electric power market and change of the electric power supplier / coordinator of a balancing group, providing the required information and / or documents within 2 days.
(3) If the Customer does not remove the obstacles for initial registration on the market and / or does not present the required documents and the electric power distribution network operator does not register the change of supplier / coordinator, the Seller has the right to unilaterally terminate the combined services agreement without notice and shall not be held liable for the damages and lost benefits that the Customer could possibly suffer.
(4) The Seller shall not bear responsibility and shall not owe compensation to the Customer in the cases of art. 5 para 8 of these general terms and conditions.
Rights and obligations of the parties
Art. 9.
The customer has the right to:
1. receive active net electric power, under the conditions, terms and at the prices, according to these General Terms and Conditions.
2. receive an electronic invoice containing information in accordance with these General Terms and Conditions;
3. request an inspection by the Seller in case of doubts about an inaccurate bill for the delivered electric power and / or other payments;
4. submit complaints and / or objections to the Seller;
5. receive information about the consumption of electric power by its sites under the CSA, according to the requirements of the legal regulations.
Art. 10.
The customer undertakes:
1. to receive electric power from the Seller at the point of supply for the term of validity of the CSA.
2. to pay regularly and on time for the delivered active electric power at the price agreed in the CSA.
3. to pay regularly and on time all due fees for network services – “access to the electric power transmission and / or electric power distribution network”, “transmission of electric power through the electric power transmission and / or electric power distribution network”, as well as the “obligations to society” charge, all due taxes – excise, VAT, and other amounts due by law or an administrative act, specified in the invoice issued by the Seller.
4. to notify the Seller, within 3 (three) working days, in case of change:
a) in the ownership and / or the right of use or the obligatory use of the Site/ s, specified in the CSA;
b) change of the purpose of the site and the nature of electric power consumption;
c) of the persons who represent it or are authorized to perform actions for the implementation of the CSA;
d) in the data necessary for issuing an invoice and in the bank accounts or changes in the commercial registration of the Customer;
e) the correspondence details, etc.
5. to observe the legal requirements under the Energy Act and the related by-laws and the general and individual administrative acts of the EWRC.
(2) In case of non-fulfillment of the obligation under item 4, letter b), the Client shall owe compensation to the Seller in the amount of the costs for imbalance caused by the Client.
Art. 11.
The seller undertakes:
1. to deliver to the Customer active electric power for the Customer’s Sites under the conditions and at the price specified in the CSA and these General Terms and Conditions.
2. to prepare and notify schedules for consumption and exchange for the SBG, according to and in accordance with RET.
3. to be responsible for the imbalances of the Customer for the site / sites and to settle all payments of balancing costs, if any, at his own expense.
4. to create and maintain a database for the Customer while preserving the confidentiality of the information in the standard balancing group.
5. to issue and send an electronic invoice/ s, within the meaning of the Electronic Document and Electronic Signature Act, for the Customer’s obligations for electric power sold, for the network services, the “obligations to society” charge, excise duty and VAT.
6. comply with the technical requirements regarding the means of communication specified in the Notice of Acceptance of the Application for Registration by the Independent Transmission Operator regarding the maintenance, transmission and storage of data in connection with the participation in the balancing energy market.
7. not to provide and not to disclose to third parties the personal data of the Customer, except in the cases provided for by law.
8. to observe the legal requirements under the Energy Act and the related by-laws and the general and individual administrative acts of the EWRC.
Art. 12.
The seller has the right:
1. to prepare a common forecast for the participants in the standard balancing group.
2. to receive accurately and in time the amounts due under the issued invoices for the electric power sold, the prices of network services, the “obligations to society” charge, excise duty and VAT.
3. to request from the respective operator of the electric power distribution network to take actions for suspension / temporary interruption of the transmission of electric power to the site / sites of the Customer in case of delay of a payment of any amounts due under the CSA. All costs and fees paid by the Seller to the electric power distribution network operator in connection with the suspension and / or restoration of the power supply shall be at the expense of the Customer and should be reimbursed to the Seller immediately upon request.
4. to make a justified objection against a request for change of a coordinator / supplier by the Customer in the cases provided by the applicable legislation.
5. to issue and send electronically electronic invoices, including through an electronic invoicing system. When using an electronic invoicing system, the Seller notifies the Customer of the access to this system.
6. to request from the Customer the necessary information in view of the implementation of the CSA, as well as such under Article 10, item 4 of these General Terms and Conditions.
Prices. Network services. Invoicing and payment
Art. 13.
(1) The price for the electric power sold shall be determined in the CSA and shall include imbalance costs for the Site / s of the Customer.
(2) The Customer shall pay per reporting period for the delivered amount of electric power, measured and reported by the commercial metering devices at the delivery points of the Customer’s Site (s) in accordance with the price specified in the CSA.
(3) The price under par. 1 does not include the additionally charged excise duty, value added tax, prices for network services and the “obligations to society” charge, determined by a pricing decision of the EWRC or other fees and additional amounts due under the applicable legislation or by the state bodies by the end customers of electric power.
(4) The Seller shall charge separately in the invoice, which it issues to the Customer, an “obligation to society” charge, excise duty and value added tax, the prices for the network services and other fees due or surcharges to the price of electric power. In case the Customer is obliged to pay a surcharge for the used / delivered reactive electric power, the Customer also pays this surcharge, if so provided, according to the Framework Agreement between the Seller and the respective network operator under Article 23 of RET.
(5) In case of change of the amount, structure and / or the manner of payment of the prices of the network services, the “obligations to society” charge, fees and surcharges to the price of electric power, introduction of new obligations and / or components by the EWRC or another competent authority, as well as in case of changes in the legislation related to these issues, these newly introduced prices or changed prices shall be applied between the parties and shall be due by the Customer, as of the date of entry into force of such change.
Art. 14.
When a price package with a fixed price of electric power has been agreed in the CSA, it shall not be subject to change for the term of the contract, except in the following case:
1. The seller has the right to change the price of electric power when the weighted average price of the market segment “Day Ahead” of the Bulgarian Independent Energy Exchange for a calendar month increases by more than 3% of the price under the CSA. The change in the price is made with a written notification by the Seller to the Customer. The notification shall be sent electronically no later than 2 (two) weeks before the date from which the new price applies.
2. The Customer shall, within 7 days from the sending of the notification under item 1, send to the Seller a written consent for change of the agreed price or a written 1-month notice for termination of the CSA. In case the Customer does not send either a written consent or a notice within the specified term, the new price shall be applied according to the CSA from the date indicated by the Seller in the notification.
Art. 15.
(1) For each reporting period the seller shall issue an electronic invoice regarding the payment due by the Customer in Bulgarian leva, in compliance with the VAT Act.
(2) The invoice shall be issued by the 10th day of the month following the reporting month, but not earlier than 2 working days after the date of receipt of information from the respective network operator – the owner of the commercial metering devices for the Customer’s Site (s) for the measured and reported amount of delivered electric power for the reporting period. The seller is not responsible for the correctness of the data provided by the respective network operator.
(3) The invoice shall include the number of the commercial metering device, the reporting period and the terms for payment of the delivered and measured active electric power, the agreed price, the amounts due for the delivered electric power, for network services and for obligations to society at prices, according to the pricing decision of the EWRC for the respective pricing period, as well as the amounts for all other legally determined and / or approved surcharges, including excise duty and VAT, for the respective reporting period. The invoice shall also indicate the bank accounts to which the payment shall be made by the Customer to the Seller.
Art. 16.
(1) The seller sends the issued invoice electronically to the e-mail address of the Customer or through an electronic invoicing system.
(2) In case the Customer requests an invoice on paper, the Seller shall send the original invoice by courier, where the costs shall be covered by the Customer.
(3) The non-receipt of a message sent with an issued invoice or non-receipt of an invoice on paper under para 2 shall not release the Customer from the obligation to pay the amounts due under it within the agreed term.
(4) The customer has the right to challenge the value of the invoice within 3 (three) working days of receiving it. The objection shall be made in writing to the Seller. Within 3 (three) working days from the receipt of the objection, the Seller shall check the issued invoice and notify the Customer of the result of the inspection.
(5) The customer may challenge the measured values before the respective network operator within the terms according to the RET and the Rules for measuring the amount of electric power. In such cases the verification and correction of the measured values by the network operator is performed according to the Rules for measuring the amount of electric power.
(6) In case of a reasonable objection, as well as in the cases of change in the values, after an objection, correction by the network operator of the amounts of measured electric power, the Seller shall issue a respective debit / credit notice and send it to the Customer.
(7) The objection to an issued invoice and / or the measured values shall not release the Customer from the obligation for payment of the amounts under the issued invoice within the terms for payment.
Art. 17.
(1) Unless otherwise agreed in the CSA, the Customer is obliged to pay to the Seller the amounts due under the issued invoice/ s in Bulgarian leva within 10 (ten) days from the date of issuance of the invoice, but not later than the 25th of the month following the reporting month.
(2) The Customer pays the amounts due to the bank account specified by the Seller in the invoice or on its website, in one of the following payment methods – by a bank payment order, via epay, by credit / debit card through an interface offered by the seller.
(3) The payment obligation is considered fulfilled in time, if the entire amount due is credited to the bank account of the Seller not later than the due date under para 1 or agreed in the CSA, and in case the due date is a non-working day – on the first working day following the due date.
Collateral
Art.18.
(1) The Seller has the right to require from the Customer to provide collateral in the form of a cash deposit to a bank account specified by the Seller, amounting to two average monthly bills for delivered electric power, network services and obligation to society charge, if the Customer is in arrears with regards to the amounts due under issued invoices on two or more occasions.
(2) In case of non-payment of any obligations under the CSA, the Seller has the right, after written notification to the Customer, to utilize the collateral up to the amount due, including for due penalties and indemnities, or other amounts due by the Client under these general terms and conditions.
(3) The provided deposit shall not bear interest. The collateral, respectively the remainder of the collateral is refunded to the Customer within 10 days after payment of all amounts due, upon termination of the CSA.
(4) In all cases of early termination of the contract at the request of the Client, including by mutual consent, the Client provides the Seller with a deposit of 150% of the total amount due VAT including the last issued invoice, as security for payment of further amounts due from the Client to The Seller. The deposit is provided when determining the amount of the same by the Seller. The deposit does not bear interest. In case of non-payment of the Client, the Seller has the right to utilize the deposit, up to the amount due, including for due penalties and indemnities. The deposit, respectively the rest of the deposit is refunded by the Seller to the Client after repayment of all amounts due under the CSD within 30 days from the issuance of the last invoice on the same.
Liability in case of non-fulfillment of obligations. Conditions and procedure for temporary suspension and restoration of the sale of electric power
Art. 19.
(1) The parties shall not owe each other any compensation for damages in the cases of art. 72 -74 and art. 111, para 1, item 7 of EA, temporary interruption of the market, limitation of the quantities for delivery by NTO under the conditions of RET and the Rules for management of the electric power transmission network, and / or decisions of a competent authority.
(2) In the cases specified in the RET, the relations regarding the supply of electric power in the electric power system for the period of interruption of the market functioning shall be settled with the suppliers of last resort, in accordance with the RET or another applicable legal regulations.
(3) The Seller, except in the cases under the preceding paragraph, shall not be liable to the Customer in the following cases:
1. in case of deterioration of the quality of the delivered active electric power, which is provided by the respective network operator, to which the Site(s) of the Customer is connected, incl. in case of disturbances, interruptions and voltage drops, occurred as a result of malfunction of the facilities for transmission and / or distribution of electric power, emergency and planned interruptions, operational switching and others.
2. technical malfunction of the electrical installations and facilities, property of the Customer and / or damages or accidents, occurred in the electrical installations and facilities of the Customer, occurred due to incorrect or untimely actions of the servicing personnel.
(4) In the absence of written notifications under these General Terms and Conditions, in cases when such are required, the other Party shall not be liable for the damages incurred.
(5) The Seller shall not be liable for damages caused to the Customer, arising from its transfer to a supplier of last resort upon termination of the CSA or its exclusion from the standard balancing group of the Seller.
Art. 20.
(1) In case of delay by the Customer in the payment of amounts due under issued invoices within the terms under these General Terms and Conditions or under the CSA, the Customer owes the Seller a penalty in the amount of the statutory interest on the delayed payment from the day of delay to the day of payment, calculated for each day of delay.
(2) In the cases of suspension of energy supplies due to interruption of the connection of the Customer’s Site and / or restriction of its access to the respective electricity distribution network by the respective network operator, for which interruption and / or restriction of access the Customer is held responsible, the latter owes the Seller a penalty for the unaccepted electric power in the amount of 30% of the average daily amount due for delivered electric power, calculated on the basis of the amount due for energy for the previous calendar month.
Art.21.
(1) In case of delay in a payment due by the Customer to the Seller under these general conditions and the CSA, including for penalties and the deposit, the Seller shall send a notice to the Customer for temporary suspension of supply, giving it a period of 5 (five) working days for payment of the overdue amounts.
(2) After the expiration of the term under par. 1, the Seller has the right to request from the respective network operator to temporarily suspend the transmission of electric power to the site / sites of the Customer.
(3) The Seller shall submit a request to the respective network operator for restoration of the electric power transmission after elimination of the grounds for termination of the supply, as well as after payment by the Customer of all amounts due to the Seller and / or to the respective network operator in connection with the request for interruption and / or restoration of the supply, regardless of the physical execution of the request for interruption of the power supply. In these cases, the Seller shall not be liable to the Customer for damages caused by such interruption of the electric power supply.
Termination of the CSA
Art. 22.
(1) Except in the cases specified above in the general terms and conditions, the CSA shall be terminated:
1. by mutual written agreement between the Parties
2. upon expiration of the term of the CSA, unless the latter is extended, according to art. 7, para 4 of these general conditions;
3. from the date of revocation of the license of the Seller by the order of EA or removal of the Seller from the electric power market based on the RET or withdrawal of the registration of the Seller as coordinator of a SBG;
4. from the date of opening of liquidation proceedings or opening of insolvency proceedings against a party under the CSA;
5. in case of force majeure lasting more than 60 (sixty) calendar days;
6. in case of destruction of the Customer’s Site;
7. in case of non-fulfillment of the Customer’s obligation to notify the Seller of the transfer of ownership and / or use of the Site (s) and / or in case of change of the account holder for any reason. The termination is from the date of change of the supplier / coordinator of the balancing group;
8. unilaterally by each of the parties with one month’s written notice to the other party, after the expiration of six months from the entry into force of the CSA, respectively from the extension of the term of the CSD, where the termination shall enter into force on the 1st day of the calendar month immediately following the month in which the notice expires.
9. unilaterally with 14 (fourteen) days written notice by the non-defaulting Party in case of non-compliance with an obligation under the General Terms and Conditions by the defaulting party. If the party fulfills its obligation within the notice period, the contract shall not be considered terminated;
10. unilaterally by the Seller with 7 (seven) days’ written notice to the Customer, in case the Customer fails to fulfill his payment obligations by more than 10 days. If, within the notice period, the Customer repays its obligations, the contract shall not be considered terminated;
(2) If the contract is terminated on the basis of paragraph 1, items 7, 9 or 10 by the Seller as a non-defaulting party, and this termination takes place before the expiration of six months from the date of entry into force of the CSA, the Customer owes the Seller a penalty in the amount of (30%) of the average daily amount due for delivered electric power, calculated on the basis of the amount due for energy for the previous calendar month multiplied by the remaining days until the expiration of six months from the entry into force of the CSD. This penalty is due for each day from the date of termination of the CSA to the date of expiration of six months from the entry into force of the CSA. If the termination takes place after the sixth month, the Customer owes the Seller a penalty amounting to the monthly charge for delivered electric power for the previous month.
(3) In the CSC, the parties may agree on compensation due from the Seller’s Client, if the Seller, without any faulty behavior of the Seller, in any way terminates the CSC and / or changes the supplier / coordinator of the balancing group before the 6-month period from the entry into force of the CSD, respectively from the extension of the term of the CSC. If otherwise is not agreed in the CSC, the penalty under para 2 shall apply.
(4) In case the Customer has not started a procedure for changing the supplier / coordinator of a balancing group, which will end by the expiration of this contract or the date of its termination, the Seller shall submit to the respective network operator a request for change of the supplier/ coordinator with a supplier of last resort.
(5) Upon termination of the CSD, the Client is obliged to take appropriate actions to change the provider / coordinator of the balancing group. The Seller has the right to submit to the respective network operator a request for change of provider / coordinator with a supplier of last resort to terminate the contract with the Client. In case the Client has not started a procedure for changing the supplier / coordinator of a balancing group, which will be completed by the expiration of the CSD or the date of its termination, the Seller continues the supply of electric power at prices of the supplier of last resort, but not lower than the price under CSD, together with the additional payments, according to art. 13, until the date of effective transfer of the Client to another supplier / coordinator of a balancing group, including a supplier of last resort.
(6) In case of termination of the contract under Article 14 of these General Terms and Conditions, it shall be terminated on the 1st of the month following the month in which the notice expires, provided that the change of provider / coordinator is confirmed by the relevant network operator. including to a supplier of last resort, under the terms and conditions of PTEE. Until the date of the change of the supplier / coordinator of the balancing group, the Seller shall apply the changed prices of the electric power, in accordance with the announced by him, but not higher than the price of the respective supplier of last resort. The seller has the rights under para 5, sentence two. In this case, paragraph 3 of this article does not apply.
Art. 23.
(1) After the termination of the contract, the Seller shall notify the respective network operator that the CSA with the Customer has been terminated. The seller is not responsible for the imbalances of the Customer after the termination of the CSA.
Chapter three.
General terms and conditions of the contract for sale of electric power to end customers with hourly metering and their participation in the standard balancing group
Subject of the contract for sale of electric power
Art.24.
The Seller undertakes to sell, and the Customer undertakes to buy the agreed amount of active electric power, according to commercial schedules (TRS schedules) under the terms and conditions of these General Terms and Conditions and SLR, for the Site (s), individualized in DPE.
(2) The Client agrees to participate in the standard balancing group of the Seller and transfers the responsibility for balancing with respect to the Object (s), and the Seller assumes the responsibility for balancing the same. The Customer owes the cost of balancing the Seller in accordance with the agreed in these general terms and conditions and SLR.
(3) The Client undertakes to pay to the Seller all network services: “access to the electric power transmission and distribution network”, “transmission of electric power through the electric power transmission and distribution network”, normatively provided and / or determined surcharge for network operators, if in SLR it is envisaged that a contract for combined services will be concluded.
Art.25
With SLR the Client authorizes the Seller to conclude on his behalf and at his expense contracts with the relevant network operator and the provider of last resort, as well as to submit the application for initial registration of the Client, according to EA, if the client is not registered of electric power and has not concluded the specified contracts with the respective network operator and / or TED.
The Client agrees to the Seller to initiate the initial registration of the Client and / or the change of the supplier / coordinator, according to the requirements of PTEE, performing all legal and factual actions for that.
The Client undertakes to provide the necessary assistance to the Seller to register on the electric power market and change the electric power supplier / balancing group coordinator, providing the required information and / or documents within 2 days.
If the Customer does not remove the obstacles for initial registration on the market and / or does not submit the required documents and the electric power distribution network operator does not register the change of supplier / coordinator, the Seller has the right to unilaterally terminate SLR without notice. which the Client would eventually suffer. The Seller is not responsible and does not owe compensation to the Client in the cases of Article 5, paragraph 9 of these general conditions.
Entry into force, term and beginning of implementation of SLR
Art. 26.
(1) Unless otherwise agreed in the TEU, the term of the contract shall be one year from the date of its entry into force.
(2) The Contract shall enter into force on the first day of the month immediately following the month in which the respective network operator has completed the procedures for changing the provider and coordinator of balancing group and respectively the Client is registered as a member of the standard balancing group of the Seller. in accordance with the PTEE, except for the clauses governing the authorization of the Seller by the Customer, which enter into force on the date of its signing by the parties.
(3) From the date of entry into force of the contract, the Seller shall start supplying electric power to the Client.
(4) The concluded SLR shall be automatically extended for a new one-year period, if neither of the parties’ objects at the latest 30 days before the expiration of the contract that it does not wish to automatically renew the contract.
(5) The seller has the right at the latest 30 days before the expiration of the term of SLR to offer a new price of electric power for a new one-year period. If within 5 (five) days of the offer, the Client explicitly rejects the offer, the SLR is terminated upon expiration of the initial term. If the Client accepts or does not respond within the specified period, SLR is considered automatically extended for a new one-year period at the price offered by the Seller.
(6) In the cases of extension of the term of SLR under this Article, the parties shall sign an additional agreement for an agreed quantity for delivery for the new term.
Price, invoicing, and method of payment
Art. 27.
The price of the sold electric power shall be agreed by the Parties in the concluded SLR. The price includes the cost of imbalances, unless otherwise agreed in the SLR.
The price of the sold electric power does not include additionally charged and due by the Customer to the Seller excise duty, value added tax, price for “obligations to society”, determined by a price decision of the EWRC or other fees and additional obligations due by final customers of electric power, according to current legislation or acts of state authorities. The Seller shall charge separately in the invoice, which it issues to the Client, a price for a “debt to society”, excise duty and value added tax and other due fees or supplements to the price of electric power.
The price of the sold electric power shall not include prices of network services and / or normatively provided and / or determined surcharges for the network operators. They are charged separately in the issued invoices and are due to the Seller, if the DPE is concluded under the terms of a contract for combined services.
In the event of a change in the amount, structure and / or method of payment of the price of “obligations to society”, the prices of network services (when the TSO is concluded under the conditions of combined services), fees and surcharges to the price of electric power, the introduction of new obligations and / or components imposed by the EWRC or other competent authority, as well as in case of changes in the legislation related to these issues, these newly introduced prices or changed prices apply between the parties and are due by the Client from the date of entry into force of such a change.
Art. 28.
(1) The seller has the right to change the price of electric power when the average price of the market segment “Day ahead” of the Bulgarian Independent Energy Exchange for a certain period, not less than 30 days and not more than 90 days, exceeds the DPE price, such as:
1.The change of the price is made with a written notification from the Seller to the Client. The notification shall be sent electronically no later than 2 (two) weeks before the date from which the new price applies.
2.The Client, within 7 (seven) days from sending the notification under item 1, sends to the Seller written consent for change of the agreed price or written one-month notice for termination of SLR. If the Customer does not send written consent or notice within the specified period, it is considered that there is acceptance by the Customer and the new price begins to apply under the TEU from the date specified by the Seller in the notice.
(2) In the cases of a given notice under para. 1, the concluded SLR shall be terminated from the 1st of the month following the month in which the notice expires, provided that the change of the provider / coordinator, including to the provider of last resort, has been confirmed by the respective network operator, according to the terms and conditions of ПТЕЕ. Until the date of the change of the supplier / coordinator of the balancing group, the Seller shall apply the changed prices of the electric power, in accordance with the announced by him, but not higher than the price of the respective supplier of last resort.
Art. 29.
(1) In the SLR the parties agree on the manner of determining the cost of imbalance for the Client’s sites.
(2) If the imbalance cost is not included in the price of sold energy, the Seller invoices to the Buyer the amount due for this cost for the relevant reporting period, after receiving all necessary data on the imbalance obligations of the balancing group, in compliance with the General Principles for the distribution of imbalances within the balancing group and agreed in the SLR.
(3) An issued invoice for the amount due for imbalance expense shall be sent to the Client by the order of art. 31 of these general conditions.
(4) The client owes payment on an issued invoice within 5 days from sending the invoice.
Art. 30.
Invoicing and payment for each reporting period (except for the imbalance cost under the previous article) shall be made on the basis of the measured quantities of electric power / quantity of energy according to registered trade schedules, depending on agreed in the TED and the due for the respective period amounts from the Client for liabilities to the company, as well as the amounts for all other due statutory and / or approved supplements, including excise and VAT, for the respective reporting period, unless the parties have agreed more than one payment for the reporting period in SLR.
Unless otherwise agreed in the TEU, the Seller shall issue for each reporting period an electronic invoice, within the meaning of the Electronic Document and Electronic Signature Act, regarding the payment due by the Client in Bulgarian levs, subject to VAT. The invoice is issued by the 5th of the month following the reporting month, but not earlier than 2 working days after the date of receipt of information from the respective network operator – the owner of the commercial metering devices for the Client’s Site (s). reported quantity of delivered electric power for the reporting period (if the due payment is based on the measured quantities of electric power).
The invoice shall include the following components: the number of the commercial metering device, the reporting period and the payment terms, the quantity of energy, price, the amounts due for the quantity of supplied electric power, for obligations to society at prices, according to the EWRC price decision. price period, as well as the amounts for all other due statutory and / or approved supplements, including excise and VAT, for the respective reporting period. The invoice shall also indicate the bank accounts on which payment is made by the Client to the Seller.
If the SEP is concluded under the terms of a contract for combined services, the Seller shall charge separately in the invoice issued to the Client the prices for network services and other due fees or surcharges to the price of electric power. The amounts due for network services and surcharges are paid according to data provided by the respective Network Operator to whose network the respective site is connected and at the current prices for the respective period determined by EWRC, together with all due taxes, fees, and surcharges. The seller is not responsible for the correctness of the data provided by the network operator.
Art. 31.
(1) The Seller shall send the issued invoice electronically to the Client’s e-mail address or through an electronic invoicing system. When using an electronic invoicing system, the Seller notifies the Customer of the access to this system.
(2) In the cases when the Client requires an invoice on paper, the Seller shall send the original of the invoice by courier mail, and the costs for this shall be at the expense of the Client.
(3) The non-receipt of a sent message with an issued invoice or non-receipt of an invoice on paper under para 2 shall not release the Client from the obligation to pay the amounts due under it within the agreed term.
(4) The client has the right to dispute the value of the invoice within 3 (three) working days of receiving it. The dispute is made in writing to the Seller. Within 3 (three) working days from the receipt of the dispute, the Seller shall check the issued invoice and notify the Client of the result of the inspection.
(5) The customer may dispute the measured values of the reported electric power before the respective network operator within the terms, according to PTEE and PIKEE. In these cases the verification and correction of the measured values by the network operator is performed according to PIKEE.
(6) In the cases of reasonable dispute, as well as in the cases of change in the values, after dispute or correction by the network operator of the quantities of measured electric power, the Seller shall issue a respective debit / credit notice and send it to the Client.
(7) The contestation of an issued invoice and / or the measured values shall not release the Client from the obligation for the payment of the amounts under the issued invoice within the terms for payment.
Art. 32.
(1) Unless otherwise agreed in the TEU, the Customer undertakes to pay to the Seller the amounts due on the issued invoice / s in Bulgarian levs within 10 (ten) days from the date of sending the invoice, but not later than 25 The number of the month following the reporting month.
(2) The Customer pays the amounts due to the bank account specified by the Seller in the invoice or on its website, in one of the following payment methods – by bank transfer, via E-pay, by credit / debit card through an interface offered by the seller.
(3) The obligation to pay is considered fulfilled in time if the entire amount due is credited to the bank account of the Seller no later than the due date, and in case the due date is a non-working day – on the first working day following the day of maturity.
Quantity of delivered energy, Measurement, and metering of the consumed electric energy
Art. 33.
(1) The quantity of delivered energy according to a schedule for a reporting period is equal to the total amount of energy according to the registered trade schedules for a respective site, according to and in accordance with PTEE.
(2) The measurement of the consumed quantities of electric power and the reporting of the JTI in the Object / Objects of the Client shall be carried out in accordance with the requirements of PTEE and PIKEE.
(3) The quality of the delivered active electric power shall be ensured by the owner of the network through which the energy is transmitted, in accordance with the current legislation and the technical norms.
(4) The relations between the Network Operator and the Client, in his capacity as a user of the electric power distribution network, are outside the subject of this Agreement and shall be settled in the contracts for access and transmission of electric power to and through the electric power transmission / distribution network of the respective Network Operator. Client’s objections in this regard should be addressed to the respective Network Operator in accordance with the contract for access and transmission concluded with the Network Operator.
Forecasting and preparation of trade schedules
Art. 34.
(1) The Client assigns to the Seller to prepare hourly forecast schedules for the consumption of electric power from the Client’s Site, if this is provided for in the TED. The Seller is obliged to prepare and announce trade schedules for consumption for the Client’s Site in accordance with Chapter Six of the PTEE and the instructions of the Independent Transmission Operator.
(2) For preparation of the schedules, the Client is obliged:
1. to provide the Seller with all the necessary information for the preparation of a forecast for its consumption of active electric power. The volume of the necessary information is determined by the Seller, and the Client provides it electronically;
2. to notify the Seller of any planned deviations in consumption and their duration (planned repairs, change in activity, expected reduction of consumption due to any circumstances, including repair work on connection facilities of the site) immediately, but not later than one month before the respective delivery day;
3. to notify the Seller in a timely manner so that it is possible to adjust the commercial schedules notified by the latter for any unforeseen circumstances and for any events and / or actions, as well as their duration, which affect the electric power consumption of the Site, such as but not limited to: accidents and / or any damage to the Site and / or connecting facilities, breakdowns of distribution network facilities, orders of the relevant network operator, unplanned site repairs, meteorological or natural events;
4. in the cases of suspension of the transmission / supply of energy due to interruption of the connection of the Client’s Site and / or restriction of its access to the respective electric power distribution network by the respective network operator, the Client shall notify the Seller within 24 hours after these circumstances have become known to the Client, stating in the notification the affected Sites, the term and the reasons for suspension or restriction of the transfer / delivery.
(3) In case of non-fulfillment of the Client’s obligation under the previous paragraph, items 1-4, he owes the Seller payment of the costs (imbalance costs), which he has caused by the lack of notification. These costs are included in the invoice for the amount due for electric power for the month in which the costs are incurred and are paid by the Client within the deadline for payment of the relevant invoice.
Art. 35.
(1) In case the Client has not assigned forecasting of the consumption of the Seller’s Site, the Client is obliged:
1. to prepare the most accurate forecast schedule for consumption on the basis of the expected actual consumption of its Site (s), without being guided by speculative motives or by its participation in a balancing group;
2. to send the prepared hourly schedules for consumption, which serve for the preparation of the TPS schedules of the Seller daily until 9:00 am on the day E-1 to the e-mail addresses specified by the Seller. The schedules are prepared and sent in electronic format determined by the Seller and contain an hourly forecast for consumption by the Site / s for the day E;
3. If the Customer does not send an hourly schedule within the period under the previous item, to prepare a TPS schedule, the Seller uses the last schedule sent by the Customer for the previous delivery day.
(2) The seller has the right to change the deadlines for sending the schedules, for which he notifies the Client electronically.
Rights and obligations of the parties
Art. 36.
(1) The client has the right to:
1. to receive active net electric power, under the conditions, terms and at the prices agreed in the concluded SLR and these General Terms and Conditions.
2. to be an indirect or direct member of the standard balancing group of the Seller, depending on what is agreed in the TEU;
3. to receive an electronic invoice for the due payments under the Contract;
4. to receive information about the consumption of electric power from its Site / s, according to the requirements of the normative acts and SLR.
(2) The client is obliged:
1. to accept the electric power delivered by the Seller at the point of delivery within the estimated quantity for the term of the contract and the daily hourly schedules for consumption.
2. to pay to the Seller the amounts due on the invoice for the respective reporting period under the conditions and within the terms under these General Terms and Conditions and DPE.
3. to notify the Seller, within 3 (three) working days in advance in case of change:
(a) the ownership and / or use of the site (s) specified in the Contract;
b) to the persons who represent it or are authorized to perform actions for the implementation of the Contract;
c) the data necessary for issuing an invoice and in the bank accounts or changes in the commercial registration of the Client;
d) the data for correspondence, etc.
4. to observe the provisions and rules, regulated in the Energy Act and the by-laws on its implementation, as well as the orders of the NGO and the respective network operator, so that it is not removed from the energy market.
5. to notify the Seller in writing as soon as possible, but not later than 24 (twenty-four) hours, after the occurrence of all cases in which the supply / transmission of electric power to the Site / s is suspended or restricted. The Client by the Network Operator or for other reasons not specified in the Agreement;
6. to notify the Seller in the presence of force majeure circumstances as soon as possible, but not later than 24 (twenty-four) hours from their occurrence.
Art. 37.
(1) The seller undertakes:
1. to deliver to the Client the agreed quantities of electric power at the point of delivery;
2. to forecast, prepare, validate and register in the NGO on behalf of the Client (participant in SBG) the trade schedules for electric power supply, according to the terms and conditions of the current PTEE, unless otherwise agreed in the TED;
3. to prepare and inform schedules for consumption and exchange for SBG, according to and in accordance with PTEE;
4. to be responsible for the imbalances of the Client regarding the Object (s) and to settle payment at his own expense of the expenses for imbalance, if such arise and it is not agreed otherwise in the TED;
5. to create and maintain a database for the Client while preserving the confidentiality of the information in the standard balancing group;
6. to issue and send to the Client an electronic invoice / s for the amounts due by the Client;
7. not to provide and not to disclose to third parties the personal data of the Client, except in the cases provided for in a normative act.
(2) The seller has the right to:
1. to receive accurately and in time from the Client the amounts due on the issued invoices for sold electric power, price “obligations to society”, excise and VAT, etc .;
2. to request from the respective network operator suspension / temporary interruption of the transmission of electric power to the Client’s Site (s) in the cases and under the conditions of these General Terms and Conditions and SLR;
3. to object motivated against a request for change of coordinator / supplier by the Client in the cases provided by the current legislation;
4. to request and receive from the Client the necessary information to implement the concluded SLR.
Collateral
Art. 38.
Unless otherwise agreed in the TPS, the Customer provides the Seller upon concluding the TED, respectively upon extension of the term, security in the amount equal to the highest monthly value of the supplied electric power for the last 12 months, with included excise duty, public debt, VAT, and the value of network services in the event of a combined contract calculated at SLR prices.
(2) The guaranteed security shall be provided in one of the following forms, chosen by the Client:
1. a sum of money (deposit) on a bank account specified by the Seller. The deposit does not bear interest;
2. irrevocable and unconditional bank guarantee as the term of validity of the bank guarantee is equal to the term of validity of DPE increased by one month. All bank commissions and fees related to the provision of the guarantee are at the expense of the Client.
(3) During the operation of SLR, the Seller has the right to update the amount of collateral in case of change of some of the individual parameters of the Client’s Site (s), or in case of change of electric power price, amount of price “obligations to society”, or in case of change of the conditions of the respective network operator for securing the payments of the network services under the Framework Agreements concluded between the Seller under the PTEE.
(4) In the cases under par. 3 The Seller shall notify the Client of the amount of the guaranteed collateral, and the Client shall be obliged to increase the amount of the collateral within 5 (five) working days from the receipt of the notification.
(5) In case of non-payment of amounts due under SLR, the Seller has the right, after written notification to the Client, to use the collateral up to the amount due, including for due penalties and indemnities. Upon utilization of part or the entire collateral, the Client is obliged to supplement the collateral up to the amount under para 1 within 5 working days from the utilization.
Art. 39.
In case of delay of the Client for payment of the due amounts on issued invoices two or more times, the Seller has the right to demand from the Client, if the same has not provided security under art. 38 and to provide such under the value including VAT on the invoices for payments due for the last two months before the date of the request. Article 38, paragraphs 2-6 shall apply to the collateral under this Article.
In all cases of early termination of the contract at the request of the Client, including by mutual consent, the Client provides the Seller with a deposit of 150% of the total amount due VAT including the last issued invoice, as security for payment of further amounts due from the Client to the seller. The deposit is provided, respectively supplemented (if there is a deposit provided under Article 38 or Article 39, paragraph 1) when determining the amount of the same by the Seller. The deposit does not bear interest. In case of non-payment of the Client, the Seller has the right to utilize the deposit, up to the amount due, including for due penalties and indemnities. The deposit, respectively the balance of the deposit is refunded by the Seller to the Client after repayment of all amounts due under the TED within 30 days from the issuance of the last invoice on the same.
Liability in case of non-fulfillment of obligations. Conditions and procedure for temporary suspension and resumption of electric power sales
Art. 40.
The parties do not owe each other compensations for damages in the cases of art. 72-74 and art. PTEE and the Rules for management of the electric power transmission network, and / or decision of the respective competent authority.
(2) The relations related to the supply of electric power in the electric power system for the period of termination of the market shall be settled with the suppliers of last resort, in accordance with the PTEE or another applicable normative act.
(3) The Seller, except in the cases under the preceding paragraphs, shall not be liable to the Client in the following cases:
1. in case of violation of the quality of the delivered active electric power, which is provided by the respective network operator, to which the Client’s Site (s) are connected, incl. in case of disturbances, interruptions and voltage drops, occurred because of malfunction of the facilities for transmission and / or distribution of electric power, emergency and planned interruptions, operational switching and others.
2. technical malfunction of the electrical installations and facilities, property of the Client and / or damages or accidents, occurred in the electrical installations and facilities of the Client, due to incorrect and / or untimely actions of the servicing personnel of the Client.
3. upon termination of the transmission of electric power to the Client’s Site (s) and on the initiative of the network operator.
(4) In the absence of written notifications under this contract, in cases where such are required, the other Party shall not be liable for the damages incurred.
(5) The Seller shall not be liable for damages caused to the Customer arising from its transfer to a supplier of last resort upon termination of the contract or its exclusion from the standard balancing group of the Seller.
Art. 41.
In case of delay of the Client for payment of amounts due on issued invoices within the terms of these General Terms and Conditions and SLR, the Client owes the Seller a penalty in the amount of legal interest on the amount of delayed payment from the day of delay to the day of payment. fun every day.
In the cases of suspension of energy supplies due to interruption of the connection of the Client’s Site and / or restriction of its access to the respective electric power distribution network by the respective network operator, for which interruption and / or restriction of access the Client is responsible. owes to the Seller a penalty in the amount of 30% of the unaccepted amount of electric power, calculated based on the amount due for energy for the previous calendar month and / or the agreed amount for delivery on schedule.
In case of non-acceptance of the agreed amount of energy, the Client shall pay a penalty in the amount of 100% of the value of the unaccepted amount of energy, calculated based on the agreed price of electric power under SLR.
Art. 42.
In case of delay in due payment by the Client to the Seller, including penalties and collateral, the Seller shall send to the Client written notice for temporary suspension of electric power supply, giving him a period of 5 (five) working days for payment of arrears amounts.
After the expiration of the term under par. 1, the Seller has the right to request from the respective network operator to temporarily suspend the transmission of electric power to the site / sites of the Client. In these cases, the Seller is not liable to the Customer for damages caused by this interruption of electric power supply. The suspension of the supply of electric power to the Site / s of the Client does not release him from the obligation to pay for network services claimed by the network operator.
The Seller shall submit a request to the respective network operator for restoration of the electric power transmission after the grounds for suspension of the supply cease to exist, as well as after payment by the Client of all amounts due to the Seller and / or to the respective network operator. The request for interruption and / or resumption of the supply, regardless of the physical execution of the request for interruption of the power supply.
Termination
Art. 43.
(1) Except in the cases specified above in this section of the general conditions, SLR shall be terminated, and the consequences shall be applied as provided in art. 22 and art. 23 of the present general conditions.
Force majeure
Art. 44. (1)
Force majeure circumstances are unforeseen and unavoidable events or a combination of events of extraordinary nature, outside the control of the parties, arising after the conclusion of the contract such as, but not limited to: war, sabotage, uprisings, revolution, riot, strikes , explosion, fire, natural disasters (floods, earthquakes, thunder, storm, hurricane, tornado, torrential rain, hail, landslides, collapses, icing, etc. natural disasters), embargoes, government bans and / or measures of a restrictive nature arising from decisions of the National Assembly or an administrative act, failure of the MMS system of the independent transmission operator and others, failure of the exchange trade in electric power, insofar as these events hinder the fulfillment of the obligations under this contract.
(2) In the presence of force majeure circumstances, the Parties undertake to notify each other as soon as possible, but not later than 24 (twenty-four) hours from the occurrence, of the beginning of the circumstances, as well as to specify the necessary conditions to reduce or prevent the damage and the consequences of these circumstances.
(3) The confirmation of force majeure circumstances shall be made with a document issued by the respective competent institution. Within 14 (fourteen) days from the occurrence of the force majeure circumstances, the interested party is obliged to submit a request for issuance of a document confirming the force majeure circumstances and to provide it to the other party, not later than 2 (two) working days after its receipt.
(4) In case the Party invoking a force majeure, does not send the notification under para. 2 or does not confirm the circumstance under para. 3, it loses the right to invoke force majeure.
(5) For the duration of the force majeure, the fulfillment of the obligations under this Contract shall be suspended.
(6) If the force majeure lasts more than 60 (sixty) days, each of the Parties has the right to terminate the CSA without notice.
Settlement of disputes. Consideration of complaints
Art. 45.
(1) All disputes regarding the implementation of the CSA in the application of these General Terms and Conditions shall be settled by negotiations between the parties.
(2) If no agreement is reached, the dispute shall be referred for resolution before the competent court in accordance with the current Bulgarian legislation.
Art.46.
(1) In case of a written complaint, request, signal, or proposal submitted by the Customer, the Seller shall carry out an inspection and prepare a justified response within 20 (twenty) days from its receipt.
(2) The seller shall keep the files on complaints, requests, signals and proposals for the period required according to the current legislation and the conditions of the Trading License.
Personal data protection
Art. 47.
(1) The parties agree that the personal data, including those of their representatives or contact persons, indicated in the CSA or in appendices thereto, or in their correspondence, or in declarations and other documents, drawn up in connection with the application and implementation of this contract will be processed solely for the purposes of concluding the contract, performing the procedures for RET and the contract or in connection with the information under the contract related to its implementation or termination, and these data will not be processed for other purposes.
(2) The processing of personal data takes place in accordance with the Privacy Policy adopted by the Seller, announced on its website http://www.toki.bg
Other terms and conditions
Art. 48.
(1) All notifications, notices, announcements, proposals, requests and documents under and in connection with these General Terms and Conditions and the CSA shall be sent electronically to the e-mail addresses of the parties specified in the CSA with an acknowledgment of receipt or to the addresses (registered address or address for correspondence) of the parties specified in the CSA.
(2) A document shall be considered valid if it is signed, including with a qualified electronic signature or sent by a representative of the party or a person authorized by it.
(3) A document sent by e-mail shall be considered received at the moment of receipt of the return receipt from the e-mail server of the recipient. A document sent by fax shall be deemed to have been received at the time indicated on the document confirming its sending.
(4) Upon simultaneous sending of a document by e-mail and by fax, the time of receipt shall be considered the time of the first receipt of the document.
(5) The documents, sent by fax, shall contain name and signature of the person, authorized to sign documents, in connection with the participation on the balancing energy market.
Art. 49.
(1) For the effective term of the CSA the parties shall be obliged immediately, but not later than 3 working days in advance to change their contact addresses and e-mail addresses.
(2) In case of non-fulfillment of the obligation for notification under para. 1, all notifications, notices and announcements, etc., made in accordance with the contacts indicated in the CSA shall be considered validly sent and respectively received.
(3) For the term of the CSA, the parties shall be obliged to maintain their e-mail addresses, specified in the CSA, active.
Art. 50.
(1) The seller has the right to unilaterally change these general conditions. If after 14 days from their publication on the Seller’s website, the Customer does not object in writing to the Seller against the changes, it is considered that the latter has accepted the changes, and the amended General Terms automatically enter into force between the parties.
(2) These General Terms and Conditions shall apply in the relations between the parties, except for the cases when special conditions have been agreed in the CSA.
These General Terms and Conditions were adopted on 24 August 2020.
These General Terms and Conditions are published on the website of POWER SYST EOOD (www.powersyst.bg) and on the platform http://www.toki.bg