Electricity Supply Agreement
1.1. The purpose of this contract is to establish the conditions governing the supply and marketing of electrical energy by COMERCIALIZADORA ELECTRICA PENINSULAR, S.L. (hereinafter CEP), to the installations that the CUSTOMER owns the supply point and which are indicated in the Particular Conditions. (hereinafter CEP), to the installations of which the CUSTOMER is the owner of the supply point and which are indicated in the Particular Conditions.
1.2. The conclusion of this contract is subject to CEP‘s acceptance after verification and approval by CEP of the data and information provided by the CUSTOMER in the Special Conditions of the Supply Agreement and other contractual documents. Proof of CEP‘s acceptance shall be provided not only by the signing of the contractual documents, but shall also require the company’s corporate seal on the contract and the activation of the supply contract for a minimum of 30 consecutive days.
2. ENTRY INTO FORCE AND DURATION
2.1. Without prejudice to the provisions of Clause 1 relating to the completion of the Contract, the date of entry into force of this Contract shall be:
2.2. For customers renewing the contract with CEP, the effective date of the contract will be effective on the date of renewal.
2.3. For customers who, to date, have an electricity supply contract in the deregulated market with a marketing company other than CEP, the effective date of the contract will be effective from the date on which the access contract is granted by the distributor to CEP. However, in the event that the signing of this contract involves any technical modification to the CUSTOMER‘s installations required by the distribution company, the effective date of the contract will be effective once the requirements of current legislation have been met.
2.4. For customers who, prior to the signing of this contract, did not have an electricity supply contract in force in the deregulated market with a marketing company, the date of entry into force of the contract will be effective once the CUSTOMER has the access contract and the metering equipment that meets the requirements established by the regulations in force. However, in the event that the signing of the present contract involves technical modifications to the CUSTOMER‘s installations, the date of entry into force will be effective once the requirements demanded by current regulations have been met.
2.5. In the event that access to the distribution network is not granted within 3 months of the activation date stipulated in the Particular Conditions, the contract will be conditional upon the revision, by agreement between the parties, of the economic conditions for the supply point that is the object of the contract. Otherwise, it shall be understood as not having been signed.
2.6. The contract will start from the date of entry according to clause 2.3 above. It will end on the date determined in the contract or when any of the conditions defined in section 5 of the general conditions of this contract are met.
2.7. Upon expiry of the agreed term, the Contract shall be tacitly extended for successive periods of one year, unless either Party gives 30 days‘ notice in writing to the other Party.
3.1. By signing this contract, the CUSTOMER contracts the third party network tariff (ATR). This means:
3.1.1. Authorisation for CEP to act on behalf of the CUSTOMER, taking all the necessary steps with the other electricity distribution and marketing companies in all matters relating to the modification and cancellation of the electricity supply contracts that the CUSTOMER may have established with them up to the time of signing this contract.
3.1.2. That the CUSTOMER will be responsible for the payment of the corresponding connection charges, hook-up charges and any other items that are legally required to be paid to the Distribution Company.
3.1.3. That CEP may require the CUSTOMER at any time, and even as an advance payment, to pay the amount demanded, where applicable, by the Distribution Company for the delivery of the guarantee deposit in accordance with the provisions of art. 79.7 of Royal Decree 1955/2000 of 1 December or the regulation that replaces it. CEP may pay, in the name and on behalf of the CUSTOMER, the amount required by the Distribution Company in this regard. CEP will proceed to invoice the CUSTOMER for this amount, by charging it to the invoice for the energy supply. In any case, the CUSTOMER shall maintain all the rights relating to the Access Contract with the Distribution Company and, in the event of termination of this Contract, the CUSTOMER shall be the holder of the guarantee deposit.
4. ELECTRICITY METERING
4.1. The measurement and invoicing point is located at the CUSTOMER‘s premises.
4.2. The reading for billing the energy supplied to the CUSTOMER shall be carried out by the distributor, either directly or through entities authorised for this purpose, which shall make it available to CEP, by means of the procedure established by both parties. The CUSTOMER will allow free access to its physical facilities for the reading tasks.
4.3. The CUSTOMER must have the metering equipment that in each case is established by regulation (R.D. 385/2002 and R.D. 1433/2002 or any regulation that replaces or modifies them).
4.4. The CUSTOMER undertakes to maintain the installations in appropriate technical and safety conditions, as well as to provide, when required by CEP, the documentation accrediting that such installations are in appropriate technical and safety conditions. Any technical modification necessary to ensure that the installation owned by the CUSTOMER complies with current regulations shall be the responsibility of the CUSTOMER.
5. ELECTRICITY SUPPLY
5.1. Quality and availability of supply. The Distribution Company, with whom access is contracted, will be responsible for the quality and availability of the service, and as such, for any incidents that may occur in the network, under the terms established in Royal Decree 1955/2000 of 1 December and other applicable regulations, and CEP is not responsible for the quality of the supply. Consequently, any claim that may arise for these concepts shall be directed against the Distribution Company for non-compliance with the service quality conditions required by Royal Decree 1955/2000, from the moment that they are applicable, and the CUSTOMER may request CEP, who shall be free to accept or reject it, to manage and channel the corresponding administrative claims in the name and on behalf of the CUSTOMER. In the event that CEP agrees to act on behalf of the CUSTOMER, such action shall be limited to acting as an intermediary between the CUSTOMER and the Distribution Company.
5.2. Contracted power. In the event of contracting third-party access to networks (ATR) included in the Particular Conditions, CEP will process, at the customer’s request, any modification of the contracted power with the distribution company. The CUSTOMER will be responsible for the payment of the corresponding connection charges, hook-up charges and any other items that may be required, as well as the technical modifications necessary to ensure that the installation owned by the CUSTOMER complies with current regulations. The modification of the contracted power is subject to the concession by the Distribution Company. Notwithstanding the above, CEP may request any of the above modifications to the TPA contract on its own in order to optimise the contracting parameters. In this case, CEP will assume the cost of the aforementioned modification, if any, and will continue to invoice the customer for the contracted power prior to this modification. In the event of not contracting third-party access to networks (ATR) included in the Particular Conditions, the CUSTOMER shall apply to the Distribution Company with which the access contract has been signed for any modification to the contracted power with respect to the power contracted up to that time. The CUSTOMER will be responsible for the payment of the corresponding connection charges, hook-up charges and any other items that may be required, as well as the technical modifications necessary for the installation to comply with the regulations in force.
5.3. Access Tariffs. CEP will process, at the customer’s request, any modification of the contracted access tariff with the distribution company. The CUSTOMER will be responsible for the payment of the corresponding items that may be required. Notwithstanding the above, CEP may request any of the above modifications to the TPA contract independently in order to optimise the contracting parameters. In this case, CEP will assume the cost of the aforementioned modification, if any, and in this case CEP will continue to invoice the customer at the access tariff contracted prior to the modification. Any type of modification in the amount, conditions of application of application, complements and/or surcharges of the Access Tariffs in force at the time of signing this contract, CEP shall pass these modifications on to the CUSTOMER, with the financial and any other implications that may arise as a result.
5.4. Suspension of supply. The electricity supply may be suspended for the following reasons:
5.4.1. Cuando haya transcurrido el plazo para efectuar el pago de la facturación, sin que el mismo se haya hecho efectivo, debiéndolo notificar al CLIENTE de forma fehaciente.
As an alternative to ordering the suspension of supply, CEP may, in the event of breach of this contract by the CUSTOMER and if it deems it appropriate given the circumstances, request that the CUSTOMER register with the Reference Reseller for the supply in respect of which the breach of contract has occurred.
5.4.2. When this contract is terminated for any of the causes established in Clause 9. In both cases, CEP will notify the Distribution Company of the termination of the contract. The CUSTOMER shall be responsible for the energy consumed. In the event that CEP exercises its right to suspend the supply, it shall not be obliged to replace it until the CUSTOMER has paid all the items owed, including interest for late payment and any expenses caused by the suspension and/or replacement of the supply. The suspension of the supply does not exempt the CUSTOMER from the obligation to pay all outstanding invoices and any other item owed under the Contract.
5.4.3. In the event of force majeure, CEP may terminate the Contract 15 days after the suspension of supply, giving prior notice to the CUSTOMER.
6.1. The price paid by the CUSTOMER to CEP includes the payment for electricity, in accordance with the tariff set out in the Specific Conditions, the taxes applicable to the supply of electricity, and, where applicable, the rental of equipment and management services with the Distribution Company.
6.2. Other invoiced items:
6.2.1. The cost of the excess power of the Access Tariff when the registered power exceeds the contracted power indicated in the Particular Conditions.
6.2.2. The cost of excess reactive energy: the parties agree that the supplement for reactive energy will be that indicated by the distribution company in its network access invoices and calculated in accordance with the regulations in force.
6.2.3. The cost of the use of the measuring equipment (if applicable).
6.2.4. The cost of connection or rights of connection, access, hook-up or verification (if applicable).
6.2.5. The corresponding special tax on electricity, VAT, or any other tax, levy, fee or surcharge that any public administration may establish on the supply that is the object of the Contract. Therefore, CEP may pass these taxes, fees or surcharges on to the CUSTOMER from the moment they are accrued and for the entire duration of the supply covered by this Contract, even retroactively once the Contract has ended.
6.2.6. CD: the Cost of Deviations, which will vary monthly between 0 €/kWh and a maximum of 0.02 €/kWh for all the energy consumed by the customer.
6.3. The prices shall be firm during the term of the Contract, except in the event of regulatory changes or any modification or creation of any tax that may arise as a consequence of the supply, which shall be immediately and directly passed on in the appropriate sense.
6.4. If, due to changes in the applicable regulations, new remunerated concepts are determined, these will be passed on to the CUSTOMER.
7.1. All the services covered by this contract will be invoiced on a monthly basis, either jointly or at the billing frequency determined by the Distribution Company. For services invoiced monthly, CEP will send the CUSTOMER the invoice corresponding to the electricity supplies carried out during the previous month as well as the other amounts for any other concepts owed by the CUSTOMER corresponding to that month.
7.2. The energy subject to billing under this contract comprises the total energy supplied, which will be that recorded in the metering equipment, plus losses. In those cases in which, due to breakdown or any other reason, all the information necessary to properly settle the contract is not available, the best alternative values available will be used, all subject to the provisions of article 13 of R.D. 385/2002. CEP reserves the right to issue a supplementary invoice once actual consumption is known. Likewise, when an incorrect operation of the equipment or for any reason beyond CEP‘s control has caused an erroneous invoice, CEP reserves the right to issue the corresponding invoice in order to correct it. The rules and procedures provided by the Market Operator for this type of situation will be used as much as possible.
7.3. Delay in payment, in whole or in part, by the CUSTOMER, shall accrue, without the need for prior notice, annual interest for late payment, equal to the legal interest rate plus 2 percentage points. In the event that payments are made by direct debit, such interest shall accrue from the 7th calendar day after the date of the invoice.
7.4. In the event of the return of the direct debit of the invoice, CEP shall pass on to the CUSTOMER both the bank charges generated by the return and the administrative costs and all other costs generated by the subsequent claim against the CUSTOMER for the unpaid debt, which shall be proportional to the unpaid amount.
7.5. Payments made by the CUSTOMER shall first be charged against interest and other items due, prior to the principal.
8.1. CEP may request the CUSTOMER to provide, either at the time of signing this Contract or subsequently during the term of the same when required by CEP, a bank guarantee or surety, enforceable on first demand or another alternative guarantee, subject to CEP‘s prior acceptance.
8.2. CEP may enforce the guarantees in full or in part, depending on the amounts outstanding from the CUSTOMER. In the event of execution, the CUSTOMER undertakes to reimburse the amounts of the guarantees in order to prevent them from being reduced as a result of their execution.
8.3. The CUSTOMER shall have 30 calendar days from the date of notification by CEP to deposit the required guarantees.
9.1. The contract may be terminated in the following cases:
9.1.1. By mutual agreement at any time.
9.1.2. At the request of one of the parties, following written notice, for any of the following reasons:
220.127.116.11. In the cases provided for in the regulations in force.
18.104.22.168. In the event of non-compliance with any of the obligations derived from this Contract, in particular, and without limitation, for non-payment or repeated late payment of invoices by the CUSTOMER, for the use of the energy supplied to the CUSTOMER for uses or purposes other than those established in this contract or the CUSTOMER‘s refusal to deliver the bank guarantee at CEP‘s request.
22.214.171.124. When the CUSTOMER transfers the electricity supply established in this contract to third parties.
126.96.36.199. In the event of fraud or improper manipulation of metering equipment or irregularities in measurements by the CUSTOMER. If in these cases the CUSTOMER consumed energy that was not billed, or was billed inappropriately, CEP will have the right to issue a corrective bill in which the corresponding amount is recovered. If it is not possible to calculate this, the best alternative values available will be used.
188.8.131.52. In the event of breach by the CUSTOMER of its obligations under Clause 3.
184.108.40.206. In the event of supply interruption due to non-payment of debts contracted with the Distribution Company.
220.127.116.11. In case of general insolvency of any of the parties.
18.104.22.168. In the event of non-compliance with the obligations to notify bankruptcy proceedings.
22.214.171.124. Failure to provide the guarantees required by the marketer as set out in clause 8.3.
9.2. The termination of the Contract will occur automatically upon receipt by one of the parties of the communication from the other party, stating the desire to terminate the Contract and the cause of termination in the cases provided for in Clause 9.1.2. From that moment, CEP may notify the Distributor of the contractual termination that has occurred. The termination of the Contract shall give rise to the payment of all amounts owed by the CUSTOMER. Likewise, the CUSTOMER shall pay the agreed interest for late payment and the compensation provided for in Clause 9.3, if applicable.
9.3. In addition, in the event of early termination of the Contract for reasons attributable to one of the Parties, in accordance with the provisions of clause 9.1 or in any other circumstance, the compensation to which the other party shall be entitled, for any concept (including, expenses and damages of any kind), is established in the amount resulting from multiplying the volume of electricity pending consumption (evaluated on the basis of the annual consumption established in the Particular Conditions) by the amount resulting from multiplying the volume of electricity pending consumption (evaluated on the basis of the annual consumption established in the Particular Conditions) by the amount resulting from multiplying the volume of electricity pending consumption (evaluated on the basis of the annual consumption established in the Particular Conditions) by the amount of the annual consumption established in the Particular Conditions:
For high voltage customers, 20 €/Mwh.
For low voltage customers, 5% of the customer’s contracted price.
9.4. In the event of termination of this Contract, CEP may proceed to execute the bank guarantee provided for in Clause 8 above in order to recover any amount owed to it by the CUSTOMER under this Contract.
10. OLD DEBTS
10.1. The CUSTOMER declares that it is up to date with payments for the previous electricity supplies to the installations covered by this contract.
10.2. In the event of disputed amounts, the CUSTOMER undertakes to pay the amounts that it is obliged to pay by means of a final administrative or judicial decision. The change of contracting method will not extinguish the payment obligations contracted with the previous supplier, with the possibility of the supply being suspended by the Distribution Company, either at the latter’s request or at the request of the supplier.
10.3. In the event that the Distribution Company with which the access contract has been signed suspends the supply for this reason during the term of this contract, the CUSTOMER will be responsible for all expenses arising from the suspension and eventual reinstatement of the supply, including the penalties charged by the Distribution Company, as well as the cost of the early termination of the access contract and the payment of the amount of the toll bills that the distributor presents to CEP during the period of suspension. In addition, the interruption of supply due to non-payment of debts contracted with the distribution company may give rise to the termination of this contract at CEP‘s request, without the CUSTOMER being entitled to the compensation contemplated in Clause 9.3 of the contract.
11. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under the Contract where performance is delayed or rendered impossible as a result of Force Majeure or Fortuitous Event. Each Party shall use its best efforts to mitigate, as far as possible, their negative or detrimental effects.
12. DATA PROTECTION
12.1. In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the CUSTOMER is informed that the personal data provided voluntarily by the CUSTOMER when contracting the service will be included in an automated file, for which CEP is responsible, for the purpose of adapting the offers and services to the interests of the CUSTOMER, as well as to provide the company Distributing the CUSTOMER with the data necessary for the formalisation of the access contract. This data may be transferred or communicated to the Distribution Company and to any Administration or Authority when so required by the applicable regulations.
12.2. CEP declares that it has adopted the necessary technical and organisational measures to guarantee the security of the personal data included in the files. The purpose of this file is to be able to provide the contracted supply service and its maintenance. Said data will also be used by CEP to manage the services offered, carry out administrative tasks or send you commercial information on CEP products and services.
12.3. The CUSTOMER expressly authorises CEP to transfer their data to companies in the CEP Group and its subsidiaries, so that they can be processed for the provision of other supplies and services of potential interest to the CUSTOMER.
12.4. The CUSTOMER undertakes to keep his/her personal details up to date and to notify CEP in writing of any changes to them.
12.5. All of the above is without prejudice to the right of access, rectification, opposition and cancellation which may be exercised by the CUSTOMER by means of a written communication addressed to CEP at its registered office.
All the terms of this Contract must be kept in absolute confidentiality by both parties, and the parties undertake not to disclose its contents to third parties without the express agreement of the other party.
The CUSTOMER may assign the rights and obligations arising from this Contract to any of the companies in its group (as defined in Article 42 of the Commercial Code), with the assignee assuming all the rights and obligations of the assignor and being subrogated to such effects in the same, subject to prior reliable notification to CEP. Notwithstanding the foregoing, CEP reserves the right to reject the aforementioned assignment in the event that the assignee does not have the same financial and technical solvency as the assignor and does not have the legal capacity and/or real aptitude to assume the rights and obligations of the Contract. CEP may assign the rights deriving from this contract by means of a reliable communication sent to the CUSTOMER.
15. CONTRACT AMENDMENT
15.1. CEP reserves the right to change the terms of this Agreement at any time.
15.2. Unless otherwise specified in this Contract, said modification must be communicated to the CUSTOMER at least 15 calendar days prior to its entry into force. Once this period has elapsed without the CUSTOMER having received written notification of its wish to terminate the Contract, it shall be deemed to have accepted the modifications.
16. REGULATORY CHANGES
The content of the above clauses is subject to any legal modifications that may occur during the term of the contract, especially those derived from the regulation of the wholesale electricity market, in particular, any change in the applicable regulations that may result in a modification of the prices established in the Special Conditions or a modification that affects the cost of CEP‘s Supply service to the CUSTOMER. The Parties expressly agree that CEP may pass on, both upwards and downwards, any variations in the components of the price of electricity and regulated costs that affect the prices agreed with the CUSTOMER in this Contract.
17.1. Liability for third party claims: Each of the parties shall be liable for possible civil and, where appropriate, criminal liability claims for personal and material damages and/or losses that may be attributable to it. Both parties must take the necessary precautionary measures and comply with the Health and Safety at Work Regulations, as well as those specific to the electrical sector, with respect to their own personnel as well as the tools and equipment used. Both parties shall take out and maintain in force the necessary insurance policies to guarantee the civil liability that may be required of them.
17.2. The CUSTOMER waives CEP‘s liability for collateral damages, indirect damages and loss of profits, provided that such damages do not arise from a wilful breach.
17.3. CEP shall not be liable for any damage or loss caused to the CUSTOMER as a result of the CUSTOMER‘s use of consumption that does not comply with the terms of this Contract or applicable legislation, unless this is due to causes directly attributable to CEP.
All notifications and communications to be made by virtue of this Contract shall be made by any means that accredits their receipt, either to the address of CEP‘s registered office or to the address of the holder of the Contract, which for this purpose the contracting parties have indicated in the Specific Conditions of this Contract. These notifications shall be deemed to have been made on the date of receipt by the addressee. It shall be understood that the communication has been delivered if the addressee refuses to receive it. The change of any of the addresses of the Parties shall not be deemed to have occurred, nor shall it produce any effect, in relation to this Contract, until the new address has been reliably notified to the other party. All communications must be stamped by the company and signed indicating the identity of the signatory.
The CUSTOMER authorises CEP to subcontract, in accordance with the law, the performance of any of the activities provided for in this contract, with the exception of the supply of electricity.
20. SINGLE AGREEMENT
This Agreement and the Annexes constitute the only valid document between the Parties, and any agreement, commitment, document or oral or written communication prior to the signing of this Agreement shall be null and void.
21.1. Should any of the Clauses of this Agreement be invalid or ineffective by virtue of a court order or otherwise, such invalidity or ineffectiveness shall not affect the validity and effectiveness of the remaining Clauses of this Agreement.
21.2. The Parties agree to replace any Clause that becomes invalid or ineffective with a valid Clause that is as similar in effect as possible.
21.3. In the event of contracting third-party access to networks (ATR) included in the Particular Conditions, for those supply points in which the concession of access by the Distribution Company is delayed by more than two months from the date of signing this Contract, this will not be valid, in which case it will be necessary to sign a new contract. In the event of not contracting third-party access to networks (ATR) included in the Particular Conditions, for those supply points in which the confirmation of the change of supplier by the Distribution Company is delayed by more than two months from the date of signature of this Contract, this will not be valid, in which case a new contract will have to be signed.
21.4. The validity of this contract is subject to the maintenance and validity of the data used to draw it up.
For any doubt, question or difference that may arise in relation to the interpretation or fulfilment of this contract, both parties expressly submit to the Courts and Tribunals of Barcelona, unless otherwise agreed between the parties.
23.RIGHT OF WITHDRAWAL
The Client has the right to withdraw from this contract within 14 calendar days without justification from the day of signing the contract, by sending the information described below to our physical address, Avenida de Barcelona, 229, 08222 Terrassa, Barcelona or by email firstname.lastname@example.org. In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right on your part is sent to CEP before the corresponding period expires with the following form or one with the same content. “Exclusively for Customers considered consumers and users, for the purposes set out in the general law for the defence of consumers and users and complementary regulations and for the sole case that you wish to withdraw from the contract, in accordance with the provisions of Royal Legislative Decree 1/2007, which approves the revised text of the general law for the defence of consumers and users”.