CONSUMER CONTRACTS. 27.1 Retailer to include provisions in Consumer Contracts: The following clauses apply in respect of the Retailer's Consumer Contracts:
(a) in respect of each Consumer Contract that has been entered into prior to the Commencement Date:
(i) at the next review date, or, if the Retailer is able to unilaterally vary the Consumer Contract, within 12 months after the Commencement Date (whichever is earlier), the Retailer will issue a unilateral variation to the Consumer Contract to include provisions that have substantially the same effect as the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) Xxx 0000; or
(ii) if the Retailer is unable to unilaterally vary one or more Consumer Contracts as set out in subparagraph (i), the Retailer will:
(A) use all reasonable endeavours to obtain at the next review of each Consumer Contract, or within 12 months, whichever is earlier, the agreement of the Consumer to enter into a variation of the Consumer Contract to include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor under section 4 of the Contracts (Privity) Xxx 0000; and
(B) promptly provide notice to the Distributor if it is unable to obtain the agreement of the Consumer required in subparagraph (A); or
(b) in respect of each Consumer Contract that has been entered into after the Commencement Date, include the provisions required to be included in the Consumer Contract by this agreement, as summarised in schedule 4, and those provisions will be expressed to be for the benefit of the Distributor and enforceable by the Distributor in accordance with section 4 of the Contracts (Privity) Xxx 0000.
CONSUMER CONTRACTS. This schedule summarises the obligations that this agreement requires the Retailer to include and the rights that the Retailer must include in every Consumer Contract.
CONSUMER CONTRACTS. Nothing in these Terms shall affect the statutory rights of a consumer.
CONSUMER CONTRACTS re clause 11.1 – The Change Rules also include the Consumer Contracts Code: Sections 6.2(j), 6.3(n), 6.3(o), 6.3(p), 6.3(q), 6.3(r), 6.3(s) and 6.3(t) (where they apply).
CONSUMER CONTRACTS. Nothing in this Agreement shall restrict, negate, modify or limit any of the Client’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business or commercial gain.
CONSUMER CONTRACTS. 1Retailer to include provisions in Consumer Contracts: The following clauses apply in respect of the Retailer's Consumer Contracts:
CONSUMER CONTRACTS. In relation to any agreements formed by any Group Company with consumers the relevant Group Company has complied with all relevant requirements of applicable consumer law.
CONSUMER CONTRACTS. This schedule summarises the obligations that this agreement requires the Retailer to include and the rights that the Retailer must include in every Consumer Contract. If the Consumer enters into any agreement or arrangement with any third party in relation to control of its load, the Consumer will ensure that: a) the load is not already subject to a Controlled Load Option or otherwise subject to the Distributor’s right of control; b) the Consumer undertakes not to enter into any arrangement with controls (directly or indirectly) the load the subject of a Distributor’s Controlled Load Option, including in relation to control of a Consumer’s equipment or use downstream of Metering Equipment remotely or otherwise; c) the third party does not interfere with or damage the Distributor’s or the Retailer’s Load Control Systems; d) if any damage occurs due to the actions of the third party, the Consumer will promptly and at its own cost remove the source of the interference and make good the damage; e) the third party makes the load available to the Distributor to enable it to fulfil its performance obligations as an asset owner in respect of managing System Security in accordance with the Code and to meet the Service Standards for Distribution Services; and f) prior to controlling the load, the third party has entered into an agreement with the Distributor which sets out the protocols for the use of the load, including the coordination with the Distributor of the disconnection and reconnection of load. Clause 7.9(a) If the Distributor owns the Metering Equipment, the Consumer agrees that the Distributor owns and has the exclusive right to use the data from such Metering Equipment, including the right to sell aggregated data (which does not identify the Consumer) to a third party, subject always to the Privacy Xxx 0000, Distributor’s privacy policy and the Consumer’s privacy rights. Any use of personal information by the Distributor will only be for the purposes set out in its privacy policy or otherwise permitted at law. The Consumer will provide the Distributor and its agents with safe and unobstructed access onto the Consumer’s Premises for the purpose of: a) inspecting, maintaining, operating or upgrading the Distributor’s Equipment; b) installing, reading or upgrading Metering Equipment; c) disconnecting or reconnecting the Consumer; d) accessing the Retailer’s Equipment to verify metering information; e) ensuring the safety of persons or property; f) ensurin...
CONSUMER CONTRACTS. This schedule summarises the obligations that this agreement requires the Retailer to include and the rights that the Retailer must include in every Consumer Contract. Please refer to the clauses referenced in the schedule for the actual obligations and rights that the Retailer must include in every Consumer Contract. The Consumer will provide the Distributor and its agents with safe and unobstructed access onto the Consumer’s Premises for certain purposes (eg inspection and maintenance of the Distributor's Equipment) at reasonable times). Clause 13.1 The Distributor may disconnect the Consumer's ICP and reclaim its equipment if the Consumer does not give the Distributor access to the Distributor’s Equipment on the Consumer’s Premises on notice from the Distributor. Clause 13.3 The Consumer will not interfere with or damage the Distributor's Equipment. Clause 14.1 The Consumer will not inject gas into or attempt to convey or receive any thing over the Network (other than gas in accordance with this agreement) or otherwise interfere with the Network, and the Distributor may disconnect the Consumer’s ICP and reclaim its equipment if the Consumer does so. Clause 14.6 The Consumer will provide suitable space for the secure housing of the Distributor’s Equipment. Clause 14.11 The Consumer acknowledges that the Network on the Consumer's Premises is the Distributor's property. Clause 14.12 The Consumer undertakes to comply with the Distributor’s Network Connection Process and the Distributor may disconnect the Consumer’s ICP and reclaim its equipment if the Consumer does so. Clause 15.2 The Consumer will ensure that its Gas Installation complies with all relevant legal requirements and the Network Connection Process. Clause 19.1 and clause S6.10 of schedule 6 The Distributor may perform a Temporary Disconnection in relation to a Consumer’s ICP in certain circumstances. Clause 19.1 and clause S6.14 of schedule 6 All warranties, guarantees or obligations imposed on the Distributor by the CGA or any other law are excluded to the fullest extent permitted by law. Clause 26.13 If the Consumer on-supplies gas to an end-user, the Consumer’s agreement with the end-user will include provisions that exclude all Distributor Warranties. Clause 26.13(b) The Consumer will indemnify the Distributor against any direct loss or damage caused or contributed by the fraud, dishonesty or wilful breach of the Consumer Contract between the Retailer and the Consumer. Clause 26.14(a) The D...
CONSUMER CONTRACTS. Where the Customer is an individual acquiring goods or services wholly or predominantly for personal, domestic or household use or consumption, the following provisions of these Rental Terms and Conditions will not apply for the purposes of the Customer agreement.
(a) clause 16; and
(b) clause 18(i).
