“Accrued Charges” means any costs, expenses or liabilities of any kind incurred by Go Power as a result of Go Power forward purchasing tradeable commodities on behalf of the Customer for any period within the Supply Period.
“Agreement” means the Energy Supply Contract and all its schedules, including these General Terms and Conditions and any Special Conditions.
“Business Day” means any day (other than a Saturday or Sunday) on which banks are open for business in the Republic of Ireland and Northern Ireland.
“Change in Occupancy Date” has the meaning given to it in Clause 13.1.
“Charges” in respect of any billing period the “Rates" set out in the Energy Supply Contract multiplied by (subject to Clause 4.4) the metered quantity of Energy supplied to the Supply Point in respect of such billing period, in each case as may be varied in accordance with the Special
Conditions or this Agreement.
“Conditions Precedent” mean the conditions precedent to this Agreement, if any, set out in the Special Conditions.
“Customer’s Premises” means the premises at the Supply Address specified in the Energy Supply Contract.
“Energy” means electricity and/or gas, as the circumstances require.
“Expiry Date” means, where a fixed term specified in the Energy Supply Contract, the last day of such fixed term starting on the Supply Period Start Date.
“Force Majeure” means any event or circumstance which would constitute force majeure under any applicable connection agreement, network or grid code.
“Insolvency Event” means, in respect of the Customer:
a) The stopping or suspension of making payments (whether of principal or interest) with respect to all or any of its debts or the announcement of an intention to do so;
b) The suspension or cessation or the threatening to suspend or cease to carry on its business;
c) the appointment of, or presentation of a petition for the appointment of, a liquidator, provisional liquidator, examiner, administrative receiver or receiver to or over the whole or any part of its assets;
d) The entering into of any reorganisation, moratorium, scheme of arrangement or composition with or for the benefit of creditors generally or any class of its creditors;
e) Suffering any distress, sequestration, attachment or execution;
f) the proposal or passing of a resolution to wind it up (other than in the circumstances of a solvent voluntary winding-up as part of a reorganisation or restructuring);
g) Becoming unable to pay its debts or being deemed to be unable to pay its debts pursuant to the Companies Act 2006
h) Taking or suffering any similar or analogous action to items above in any jurisdiction in consequence of debt.
“Laws” means all applicable laws, legislation, statutory instrument, directive, regulation, requirement, instruction, order, direction or rule or otherwise of any competent authority of a national or EU character, together with all applicable codes, industry agreements or licence conditions,
and “Law” shall mean any one of them.
“Regulatory Authority” means either or both of the Commission for Energy Regulation and the Northern Ireland Authority for Utility Regulation or any other competent authority.
“Relevant System Operator” means any person who owns or operates the gas or electricity transmission or distribution system or provides metering services in Ireland or Northern Ireland, as applicable, from time to time.
“Security” means the security (if any) required by Go Power set out in the Special Conditions.
“Special Conditions” means the special conditions notified by Go Power to the Customer which forms part of this Agreement.
“Standing Charge” means the charge specified as such in the Energy Supply Contract, as may be varied in accordance with the Special Conditions or this Agreement.
“Supply Period” means the period commencing on the Supply Period Start Date and terminating on the Termination Date.
“Supply Period Start Date” means the date the Supply Point is confirmed as registered to Go Power by the Relevant System Operator.
“Supply Point” means the applicable supply point specified in the Energy Supply Contract.
“Termination Date” means the date on which this Agreement is terminated pursuant to Clause 8.
In the event of inconsistency between these terms and conditions, the Special Conditions and the signed Energy Supply Contract, the following order of precedence shall prevail:
a) The Special Conditions; b) the Energy Supply Contract; c) these General Terms and Conditions; provided that nothing take precedence over Clauses 3.1, 3.2 of these General Terms and Conditions.