Reg. No. of contract
CONTRACT ON CONNECTION
TO DISTRIBUTION NETWORK
/CATEGORY – GAS CUSTOMER OTHER THAN HOUSEHOLD/
concluded in terms of Art. 43 (6) (g) of the Act No. 656/2004 Coll. on Energy and
on Amendments of Certain Acts, as amended
(hereinafter ”Contract“)
I.
Parties
1.
SPP – distribúcia, a.s.
Registered office: Mlynské nivy 44/b, 825 11 Bratislava
Reg. No.: 35910739
VAT ID: SK7020000372
Bank: VÚB, a. s. Bratislava, account No.:1119353/0200
Registration: District Court Bratislava I, section: Sa, file No.: 3481/B
Represented by:
(hereinafter ”distribution network operator“ or ”DNO“)
2.
Business name:
Registered office:
Reg. No.:
VAT ID:
Bank:
Account No.:
Registration in the Commercial Register or other relevant register:
Represented by1:
According to the Power of Attorney of
enclosed to this Contract2
(hereinafter ”gas customer“ or ”applicant for connection“)
II.
Subject-matter
1.
The conditions of connection of offtake gas equipment to distribution network as well as related rights
and obligations of DNO and the gas customer (applicant for connection) are stipulated by this Contract,
Technical Conditions3 of the distribution network operator (hereinafter ”Technical conditions“),
Operating Regulations4 of the distribution network operator and Commercial Conditions of Connection of
Gas Customers Other Than Households published on the website of DNO referred to by the Operating
Regulations (”Operating Regulations“) as well as by valid generally binding legal regulations.
The distribution network operator and the gas customer (applicant for connection) agreed on the
connection of offtake gas equipment specified in the Request for Connection of Offtake Gas Equipment of
2.
1
Name, surname and if appropriate function of the person who signs this Contract on behalf of the applicant for connection
(i. e. member of statutory body of the applicant for connection or person acting on the basis of the power of attorney).
2
The power of attorney for conclusion of this Contract shall be enclosed only if this Contract is signed by a person acting
on behalf of the applicant for connection other than authorized member of its statutory body and the power of attorney is
was not enclosed to the Request for Connection or did not include signing of this Contract.
3
Published in accordance with Art. 17 (5) of Act No. 656/2004 Coll. on Energy and on Amendments of Certain Acts,
amended..
4
Approved by the Regulatory Office for Network Industries in accordance with Art. 12a (6) of Act No. 276/2001 Coll. on
Regulation in Network Industries and on Amendments of Certain Acts, as amended.
1
3.
Future Gas Customer Other Than Household to Distribution Network (”offtake gas equipment“ or
”OGE“) that forms Annex No. 1 to this Contract and is integral part hereof (”Request for Connection“).
Further conditions of connection, in particular the specification of place and method of connection of
offtake gas equipment to distribution network, are determined by the distribution network operator in the
Opinion to the Request for Connection to Distribution Network that forms Annex No. 2 to this Contract
and is integral part hereof (hereinafter ”Conditions of connection“).
III.
Implementation of connection
1.
The distribution network operator is obliged to connect the offtake gas equipment to distribution network,
if the following conditions are fulfilled:
- The offtake gas equipment of the gas customer (applicant for connection) was established in
accordance with conditions agreed by this Contract, and in particular with conditions specified
in the Conditions of Connection.
- The offtake gas equipment passed tests and was subjected to overhauls prescribed by relevant
technical regulations and standards5 that confirmed that the offtake gas equipment was capable
of safe operation and fully functional, which the gas customer (applicant for connection) is
obliged to document by the report on overhaul and test of classified gas equipment6;
- The conditions for connection of offtake gas equipment to distribution network laid down in the
Technical Conditions and the Operating Regulations are fulfilled;
- The gas customer (applicant for connection) has no outstanding debts towards DNO according
to this Contract;
- The gas customer (applicant for connection) submitted to the distribution network operator the
Request for Connection to Distribution Network and Assembly of Meter according to Art. III.2
of this Contract.
For the purpose of implementation of connection of offtake gas equipment to distribution network the gas
customer (applicant for connection) shall submit to the distribution network operator the Request for
Connection to Distribution Network and Assembly of Meter (”Request for Connection and Assembly of
Meter“)7 after he has paid the price for connection according to Art. IV of this Contract. The Request
for Connection and Assembly of Meter shall be accompanied by documents proving the fulfilment
conditions set out in Article III.1 of this Contract.
If the connection of offtake gas equipment to distribution network is conditional upon construction by the
distribution network operator of certain part of gas industry facility (”connecting gas pipeline“), the
construction of which is subject to a permit according to special legal regulations (building permit,
announcement of construction work, permit for special use of road, etc.) and/or to issue of opinion by
competent state authorities, the parties agree that DNO shall apply for the required administrative
decisions and/or opinions authorizing DNO for construction of the connecting gas pipeline required for
connection of offtake gas equipment to distribution network, unless the gas customer (applicant for
connection) obtains or according to the Conditions of Connection is obliged to obtain these documents
and build the respective part of gas industry facility independently.
DNO is not responsible for:
- Failure to issue or late issue of administrative decisions and/or opinions authorizing DNO for
construction of connecting gas pipeline in case that such failure or late issue was caused
otherwise than by fault of DNO;
- Failure to grant the approval of owners of land crossed by the connecting gas pipeline to its
construction and operation on such land in the form of the contract on establishment of
easement, or making of the approval conditional upon inadequate consideration (e.g. inadequate
financial compensation) or other inadequate condition with impact on the return on investment
in the construction of connecting gas pipeline.
If the respective administrative decisions and/or opinions authorizing DNO for construction of connecting
gas pipeline are not issued to DNO for reasons that are not attributable to DNO and/or owners of land
crossed by the connecting gas pipeline do not give approval to its construction in the form described in the
previous sentence of this article, or the approval is made conditional upon inadequate consideration or
fulfilment of other inadequate condition with impact on the return on investment, DNO has the right to
2.
3.
4.
5
Act No. 264/1999 Coll. on Technical Requirements for Products and on Assessment of Conformity and on Amendments
of Certain Acts
6
Art. 13 of Decree of MLSAF No. 508/2009 Coll. on safety and health protection at work and on safety of equipment.
7
Specimen request is published on the website of this DNO.
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5.
6.
7.
withdraw from this Contract without reimbursement of costs incurred by the gas customer (applicant for
connection) as a result of such withdrawal.
DNO shall develop maximum effort under given circumstances to carry out works required for connection
of offtake gas equipment to distribution network in 30 days from the date of submission of the Request
for Connection and Assembly of Meter, if the customer has fulfilled all conditions for connection of
offtake gas equipment to distribution network according to this Contract, Technical Conditions and
Operating Regulations and documented the fulfilment of these conditions to the distribution network
operator or, in accordance with Conditions of Connection, the gas customer (applicant for connection) has
simultaneously implemented the connecting gas pipeline required for connection of offtake gas equipment
to distribution network.
The prerequisite of assembly of the meter is the conclusion of ”Contract on Natural Gas Supply“ with the
natural gas supplier at least 30 days before the start of natural gas offtake.
Requirements for gas quality and qualitative (physical and chemical) parameters of gas to be distributed to
the offtake point of the gas customer are specified in the Operating Regulations and the Technical
Conditions.
IV. Fee for connection
1.
The gas customer (applicant for connection) is obliged to pay to the distribution network operator the fee
for connection of offtake gas equipment to distribution network in the amount determined by the
distribution network operator in accordance with the Decree of the Regulatory Office for Network
Industries and related decisions, valid at the time of submission of the Request for Connection. VAT shall
be applied to this fee.
2.
The gas customer (applicant for connection) is obliged to pay the fee for connection not later than in 15
days from the date of delivery of interim invoice for future provision of the service of connection to
distribution network that shall be issued by DNO not later than in 15 days from the date of delivery of this
Contract to DNO by the applicant. Payment shall be regarded as made on the day of crediting of the fee
for connection to account of DNO in full amount. Payment of the fee for connection is the condition of
implementation of connection of offtake gas equipment to distribution network.
3.
If the gas customer (applicant for connection) does not pay the fee for connection in accordance
with Article IV.2 of this Contract in spite of written request of DNO, DNO has the right to withdraw from
this Contract.
V. Limitation and interruption of gas distribution, disconnection of offtake gas equipment
The distribution network operator has the right to limit or interrupt gas distribution under the conditions laid
down by valid legal regulations or Operating Regulations and/or Technical Conditions and the right to
disconnect the offtake gas equipment from distribution network under the conditions laid down in valid legal
regulations or in Operating Regulations and/or Technical Conditions.
VI. Final provisions
1.
This Contract supersedes all previous statements as well as agreements between the parties in respect of
connection of offtake gas equipment to distribution network.
2.
The parties agree that this Contract shall expire 24 months from the its effective date, if gas customer
(applicant for connection) does not prove within this time-limit to DNO that he has fulfilled the conditions
of connection and the conditions of implementation of connection according to Article III. 1. of this
Contract. This provision shall not apply if the non-fulfilment of the conditions of connection is caused by
action on the part of DNO. The duration of this Contract can be changed by conclusion of an amendment
to this Contract.
3.
The parties agree that if DNO withdraws from this Contract for reasons set out in Article IV.3 hereof, or
the Contract expires according to Article VI.2 hereof, with the exception of cases caused by force
majeure8, or the Contract is terminated by agreement of the parties at proposal of the customer (applicant
for connection), then DNO has the right to request from the gas customer (applicant for connection)
reimbursement of costs (in particular costs linked to specification of technical conditions of connection,
procurement of administrative decisions and/or statements, elaboration of project documentation and costs
of construction of the connecting gas pipeline, unless the gas customer (applicant for connection) obtains
or according to the conditions of connection is obliged to obtain these opinions and to implement the
respective part of gas industry facility independently) incurred by DNO in connection with preparation of
8
Defined in the Operating Regulations.
3
4.
5.
6.
7.
8.
9.
10.
11.
12.
connection of offtake gas equipment of the customer (applicant for connection) and potential disassembly
of connecting gas pipeline. The applicant for connection undertakes to pay costs set out in previous
sentence to DNO in 15 days from the date of delivery of the request for their payment (in case of
withdrawal from the Contract by DNO or expiration of the contract) or on the basis of agreement on
termination of the Contract (in case of termination of the Contract by agreement of the parties at proposal
of the customer (applicant for connection)). The parties agree that their rights and obligations under this
paragraph shall survive the termination of this Contract.
The applicant for connection is obliged to provide to DNO upon request all required support in the
preparation and implementation of connecting gas pipeline. In case of non-provision of support (e.g.
failure to enable the harmonisation of project documentation of connecting gas pipeline and OGE, failure
to enable the implementation of connecting gas pipeline), DNO is not obliged to meet the planned
deadline of connection set out in Annex No. 2 to this Contract.
The applicant for connection has the right to withdraw from this Contract in 5 working days from the
date of delivery of signed Contract to DNO by the applicant. He is obliged to submit the withdrawal from
the Contract is obliged in writing to the distribution network operator in this period of 5 working days.
This Contract is concluded in accordance with provision of Section 269 (2) of Act No. 513/1991 Coll.,
Commercial Code, as amended. Legal relations not stipulated by this Contract or by Act No. 656/2004
Coll. on Energy and on Amendments of Certain Acts, as amended, Act No. 276/2001 Coll. on Regulation
in Network Industries and on Amendments of Certain Acts, as amended, or generally binding legal
regulations issued for their implementation are governed by applicable provisions of Act No. 513/1991
Coll., Commercial Code.
Any amendments to this Contract require the written form.
Until signature of this Contract by the gas customer (applicant for connection) the text of the Contract is
only regarded as a proposal for conclusion of the Contract, that the gas customer (applicant for
connection) can only accept in the following manner and within the following time-limits:
a) To sign all copies of the proposal for conclusion of this Contract, and
b) To deliver one copy of signed proposal for conclusion of this Contract to DNO not later than in 30
days from the date of delivery of the proposal for conclusion of this Contract to the applicant for
connection.
If the applicant for connection does not fulfil both conditions set out in a) and b) above within specified
time-limits, the proposal for conclusion of this Contract expires. DNO shall confirm the fulfilment of
conditions laid down in a) and b) above and the origination of the contract to the applicant for connection
in writing.
This Contract is valid from the moment of its signing by the applicant and takes effect from the date of
delivery of one copy hereof by the applicant for connection to DNO in accordance with paragraph 8 of
this article.
If any of provisions of this Contract is invalid fully or partially or becomes invalid at a later date, it has no
effect o the validity of the other provisions of this Contract. The parties undertake to immediately replace
such invalid provision by a provision corresponding to valid legal regulations that shall maintain the
meaning of the initial invalid provision and correspond to the initial will of the parties and purpose of this
Contract.
This Contract as well as legal relations resulting hereunder is governed by the law of the Slovak Republic.
Potential disputes arising from or relate to this Contract shall be resolved by competent courts of the
Slovak Republic.
This Contract is executed in 3 counterparts, of which the distribution network operator shall receive one
and the gas customer (applicant for connection) two counterparts.
,
___________________________
For the distribution network operator
SPP – distribúcia, a.s.
,
_______________________________
For the gas customer (applicant for connection)
Annex No. 1: Request for Connection
Annex No. 2: Conditions of Connection
4