The following terms and condition apply and govem the supply of piped Natural Gas to domestic consumers by green Gas LTD.(GGL.)
I "Application" means dully filled in form submitted to GGL by the consumer/customer along with Application charges for piped natural Gas PNG connection.
II. "Applicant"means a person or individual including Juristic or legal person ,who submit dully signed and filled in Application for PNG connection
III. "conmsumer"means an applicant who has submitted an application complited in all respects (including application charges) for supply of PNG for domestic house hold use or an existing PNG user ,who is PNG user domestic /household purpose.
IV. "Gas"or PNG means natural gas transported thorough pipelines in a CGD network for consuption by any consumer in domestic commercial or industrial segments.
V. "seller" means Green Gas LTD.(GGL).
VI. "Property/premise" means the property owned or occupied by the consumer to which the seller is supplying Gas.
VII. "Connection charges planes" means the plane prepared By GGL prevailling at the time of Registration indicating the payments to be made and their schedule for installetion of Gas connection
VIII. "Tarrif plan" means plan prepared by GGL prevalling at the time of Billing indicating the payments to be made and their schedule for use of Gas.
IX. "Tarrif card" means a document indicating inter-alia connection charges plan and/or tarrif plan.
words importing the masculine gender shall, where the context so importing the singuler number shall where the context so admits include the pural numbers.
2. SUPPLY OF GAS
2.1 The Gas Will be made available to the consumer's premisses By GGL subject to technical and safety feasbility.
2.2 the supply of gas would be made at the direction of GGL and GGL shall at any time,be entitled to withdraw the supply of Gas to the consumer, charges to the SELLER shall be constured as full understanding of the terms and condition, and these terms and conditions shall constitute a binding contract between the seller and consumer.
3. Use of Gas
3.1 The consumer shall
(I) use the gas only for domestic or household purpose at the tenment and shall not permit/allow the Gas to be use for any other purpose.
II. Shall obtain the specific prior written permisson of the seller of change in user and or for instaaling any aquipment since the consumer her by acknowledge that such equipment is likely to efface the operation of the seller piped gas supply systems.
3.2 the consumer shall not re supply the gas to any other site or permit any person,or part to use the Gas .
4. Connection of Gas
4.1 on submission of the application and payment of the presicribed of the registration charges the seller will carry out a Technical survey of the site.
4.2 on completion of the technical of the survey the sellor shall datermine the location and manner of laying the pipeline and installetion of the burner. meter and other oquipments for recieving the Gas installetion of which shall be made by the seller which authrorized represnative.
4.3 the supply o Gas shall be commenced after nessesary testing as may be required, being recieved by the seller, subject to necessary approvals and permissions, if any required being recieved.
4.4 the seller shall have the night to supply gas to other consumer, through the same pipelines at any point therien, upto the meter outiet isoletion valve
5.CHARGES FOR CONTRIBUTION
5.1 (a) Registration charges and any other charges 6300 determined by supplier shall be payable by the consumer. consumer shall deposit a interest-free refundable security deposite of rs 6300 connection and the same shall be collected as follows:
I. Rs. 1000 at the time of registration.
II. Rs. 2000 prior to the commencement of project activities.
III. Rs on completion of fitings.
(b) Gas connection shall be provided within 3 months from the date of payment of the connection charges.
The seller shall endeaver to ;provide Gas connection at the earliest convenience date from the reciepts appication; however Seller shall not be responsible for any delay inproviding Gas connection for the reason and circumstanes beyond their control or for the reasons not directly attributable to the Seller.
5.2 Rejistration charges connection charges payable for the supply of Gas will be determined by the Seller at its direction, from time to time revise any charges payable by the consumer or leavy additional charges without prior notice to the consumer.
5.3 the consumer shall pay the Gas charges for the Gas Consumed at the rates as par the tarrif plan prevailling at the time of billing. The tarrif plan may be datermined by the Seller from time to time The selle shall at its own direction be entited to revise/vary the rate and/or charges to the Gas in the tarrif plan from time to time at his own discretion be entited to migrate a consumer from one tarrif plan to another from time to entitied to megrate a consumer from one tarrif plan to another from tme to time at his own descretion at any time, without notice to the consumer. The current tarrif plan and/or connection charges plan shall be as stated in the tarrif card which shall be furnished by the seller to the consumer on request. The consumer confirms that he is aware of the charges for Gas.
5.4 all cases, texes, assesments and any other leaves imposed or to be imposed in future by any government Statory and or local bodies in relation to the supply of Gas shall be passed on to and paid by consumer.
5.5 For any extension/modification relocation/alternation of the pipeline/meter/regulator or any part of the connection consumer will have to pay charges as may be decided by GGL.
5.6 The connection charges plan as applicable at present is based on the standard bill of matterial
6 Billing and payment:
6.1 The quantity of Gas supplied to the consumer shall be measured through a meter to be installed and maintand by GGL.In the event of failure of the meter to record correct consuption the quantity of Gas consumed by the consumer shall be datermined on the average consuption on the last six months. The decision of GGL as to the quantity of the Gas supplied shall be final.s
6.2 An invoice shall be sent to the consumer bi-monthly (including all other amounts, taxes cases and leaves) payable for the relevant period. The Seller may in its descretion vary the period and manner of billing every invoice shall be paid by the consumer in full within 10 days of the day of reciept there of by the consumers.
6.3 The consumer shall to the seller late payment charges to at rate specified by the seller (currentl @2% to percent per month) on all the delayed payments from the due date until payment and or realization.
6.4 Consumer is bound to make payment of Gas in full on or before the deu date even in the cases where the consumer has logged any complainet or raised any disput with respect to Gas supply or otherwise
7. OBLIGATION OF THE CONSUMER
7.1 Prior to the commencement of Gas supply, the consumer shall at its own cost obtain all nassesary consents, approvals and permits from all relavant authorized as may be required to obtain the Gas Connection.The consumer shall at his own cost also be responsible for obtaining all easments or rights of way through any private property of any other person for laying of pipeline for supply of gas.
7.2 The consumer shall permit the seller its authorized representative access to the site of purpose of laying pipelines and making installetion and also to alter or replace any pipeline, inspectioon installetion of equipment of the seller in its discretion determines the same to be necessory or expeident.
7.3 Where the site is tenanted property or is setuated in a building belonging to a society the permission or no objection certificate of the landlord/society if any,requared shall be the responsibility of the consumer. The seller reserves the right to discontinue the gas supply in the event of any dispute between the cosumer and the landlord/society.
7.4 The consumer shall take all adeaquate precautions and adopt all safety measuares safegaured pipeline meter and other equepments instaled by GGL at the consumers premises for supply of Gas, lncase consumers carries any unauthrised repair, alteration modification directly or indirectly in the pipeline meter equepments installed for the purpose of Gas supply, the same shall be deemed to be search of the contractual terms contained herein and in such cases shall have full right to forfiet the security depsit and disconnect the Gas supply to the Consumer. further in case of any accident/incident on account of unauthorized repair, modification, alteration directly or indirectly to the pipeline meter to the equepments the consumer shall be solely responsibly for any los or damage that may be caused to the property or human life.GGL shall not be responsible for any direct or indirect loss caused on account of any such illegal act by the consumer.
7.5 Consumer shall notify GGL incase of non receipt of (i) first gas will within the period of 75 days from the date of Gas supply;(ii) periodic Gas will within 10 days from the expiry of two months of period of receipt of the previous bill.In case of non receipt of the Gas bill,the consumer sell obtain duplicate copy of the Gas bill and make the payment of the same within due date.
8. PROPERTY OWNERSHIP
8.1 The pipes, equipment and other installations provided for the purpose of supplying Gas,upto and including the outlet on the meter and/or isolaton valve shall be and remain the property of the seller and the consumer shall not have or claim any right ,title or interest therein.
8.2 Consumer shall permit the authorized representative of GGL to enter upon the site for the purpose of meter readings,inspection and maintenance check ups.The consumer shall verify the identification of such authorized representative prior to permitting such persons access upon the site.Ther seller shall not be liable/responsible for the entry by any unidentified person for any imposter of person claiming to represent or act on behalf of GGL.
8.3 The Consumer shall not tamper or interfere nor permit any tempering or interference with the pipes,equipment and other installation provides for the purpose of supplying Gas.
8.4 The Consumer shall not adjust,clean,repair,replace or otherwise handle any of the pipes,equipment and other installation(including burners and meters) and other equipment.Any damage or breakdown in the pipes,installation and equipment shall be immediately intimated by the Consumer to the seller.
8.5 An amount as indicated in Tarrif Card will be applicable as transfer charges for change of name in GGL database if change in ownership of the property takes place.
9. WARRANTY OF SELLER
9.1 The seller shall endeavour to provide the Consumer with consistent and regular supply of Gas.
9.2 The pipelines,installations and equipment shall be covered by a warranty of the Seller for a period 12 months for the meter outlet connection for any manufacturing defects or deficiencies only.
10.1 Without prejudice to the other rights of the Seller in law or otherwise,the Seller may at any time,immediately and without notice terminate the agreement with the Consumer,if:
i) the consumer fails to pay the seller any sum due to the Seller under these terms and conditions and/or otherwise within 30 days from the due date for payment thereof.
ii) the consumer fails to comply with any of its obligations and/or commits any breach of the covenant or conditions on his part to be observed,performed or fulfilled.
iii) the consumer dies and the successors and assigns do not submit to Seller the necessary document as required by the seller on happening of such an event or becomes insane or insolvent.
iv) the particulars as furnished by the Consumer in the application are found to be false or incorrect.
v) the Gas is not consumed by Consumer for a continuous period of 26 weeks.
10.2 The consumer may by written notice request for termination of Gas supply and apply for refund of security deposit.
10.3 In the event of termination of the Gas supply, without prejudice of to the other rights of the Seller.i)the Seller may at the cost of the Consumer remove all pipelines,installations and equipment installed by the Seller for the supply of the Gas.ii)the Consumer shall be liable to pay the Seller all amounts due and payable by the consumer to the Seller upto the date of termination of the agreement.
11.1 If after termination the Consumer applies for the reconnection of the supply of the Gas all reconnection/commissioning charges (as determined by the Seller)shall be borne and paid by the Consumer.
11.2 Reconnection of Gas supply will be done within two days but after settlement of all dues and charges applicable.
12. SHIFTING OF RESIDENCE:
If a registered consumer desires to shift from the present place of residence having PNG connection to new place of residence, he/she will have to pay the actual shifting charges as resided by GGL,provided the said new place of residence falls in the areas where PNG is available, subject to condition that the consumer shall not remove,shift,dismantle,modify,after the meter and/or any other pipeline installations including copper piping etc.without prior written approval of GGL at the old place or residence.
13. TRANSFER OF THE CONENCTION:
GGL permits transfer of the PNG connection from one name to another
name in the event of sale / purchase of the property , demise of the registered consumer , etc.The transfer is permitted subject to the payment of administrative charges may be applicable , from time to time by the consumer to GGL . Administrative charges applicable,as indicated in the tarriffe card , in all cases,except in case of transfer of PNG connection to the legal here of the consumer upon the demise of the consumer where no administrative charges are applicable as at present.The transfer of PNG connection from one to another name is subject to submission of necessary document,as may be required by GGL and will be affected only upon full satisfaction by GGL.
14.1 The consumer shall not use the Gas for any illegal or unlawful activity purpose.In case of any offense under or violation of any law,statute for regulation by the Consumer,the Consumer shall be responsible and liable for the said offence or violation and the Consumer agrees to indemnify and keepo indemnified the Seller from and against any lose,claim, action or proceeding that may be suffered or incurred by the Seller a result of any such offence violation by the Consumer.
14.2 They Consumer shall be liable for any lose or damage caushed to pipes equipment or installation whether caushed on account of negligence by the Consumer,or its employees or agents,theft,sabotage or otherwise howsoever.
14.3 The Consumer shall be deemed to be in exclusive possession and control of the Gas once Gas passes they meter outlet,and thereupon they consumer shall be liable for any leakage or for any damage caushed to any person or properties as a result thereof.Accordingly the Consumer shall protect,indemnify and hold the seller against all claims,demands action,suits,proceeding,judgements and all liabilities costs,expenses,damages or losses arising out of all resulting from incidental to or inconnection this apply of Gas.
14.4 The indemnity provisions will be enforceable notwithstanding termination of gas supply.
14.5 The Seller will put in is best endeavour to cause minimum damage to garden,lawn,plants,decoration,tiles and any other decorative surface within the society or customer permises both on ground and on walls ,whilst the Seller will ensure that any disrupted areas or left in backfilled condition,the final reinstatement of surface decoraction areas will be responsibility of the Consumer,accordingly the consumer shall protect,indemnify and hold the seller harmless against all claims,demand action,suits,proceeding,judgement and all liabilities cost expenses,damage or loses arising out of or resulting from or incidental to or in connection with supply of Gas.
The seller shall not be liable for any loss,damage,costs,charges or expences whatsover that may be caused to or occasioned by the consumer or onther person on account of failure to perform for the dealy in performing in any provision of this agreement if same is caused or results due to acts of God,War,Revolt,Fire,Tempest,Flood,Earthquike,Lightning direct or indirect consequences of God (declaired/undeclaired) sabotage,hostilities,National emergence,civil,disturvance,commotion,imborgo,or any other law promulgation regulation or ordinance whether Central or State or Municipal,breakage,bursting or freezing of pipeline or occurrence of any event beyond the control of the Seller Provider further that the Seller shall not be responsible or liable for losses direct or consequential cause to the Buyer if the same is causes due to the resion stated herein above.
The seller may at any time amend,add or delete any or all these terms and conditions with immediate effect and in such case,the amended termes and condition shall be binding of the Consumer.
17. TERMS BINDING AND SUCCESSORS:
These term of condition shall be binding on the legal heirs,successors,administrator and assigns of the Consumer.
Any notice to the Consumer will be sent to the address of the Consumer stated in his Application.
All disputes arising out of these Terms and Conditions for supply of Gas shall be subject to exclusive jurisdiction of Competent Courts at lucknow alone.