Use TAB to move though form. “save as” your “property name” then email saved copy to
NAME OF PROPERTY

PROPERTY ADDRESS (including Unit Number)

MT BULLER VIC 3723
Are you the? / Tenant Owner Owner/Occupier

PROPERTY OWNER please complete this section

BUSINESS NAME

NAME OF OWNER
CONTACT PERSON (IF DIFFERENT)
OFF SEASON ADDRESS

IN SEASON ADDRESS

Telephone / Fax / Mobile
EMAIL ADDRESS
DATE OWNERSHIP COMMENCED

TENANT please complete this section

BUSINESS NAME

NAME OF TENANT
CONTACT PERSON (IF DIFFERENT)
OFF SEASON ADDRESS
IN SEASON ADDRESS
Telephone / Fax / Mobile

EMAIL ADDRESS

DATE TENANCY COMMENCED

ALL TO COMPLETE: Where to send the invoice.

NAME

ADDRESS

If you require Direct debit arrangements please contact 1800 427 297

ALL TO COMPLETE

DRIVERS LICENCE NO

NAME OF CLOSE FRIEND OR RELATIVE
ADDRESS
SIGNATURE / Date: //202012201320142015
No signature required if returned via email

Appliances installed (tick) & estimated MJ usage

Cooler / Room Heater
HWS / Other
Indigo Shire Council
34 High street. Post office Box 75 Yackandandah Vic 3749
ABN 34 627 466 758 Email:
Phone: 1800 427 497 Fax (02) 6027 1495
Indigo Shire Council is committed to its privacy obligations under the Information Privacy Act 2000 (Vic). We collect your personal information in order to supply services to you and will not use or disclose your personal information for any unrelated purpose. If you do not provide the information we have requested. We cannot provide the service to you. If you have any queries concerning your privacy place contact this office
Buller Gas 1800 427 497

TERMS AND CONDITIONS

Y:\Operations\Mt Buller Gas\Administration\Forms\Customer Agreement forms\CUSTOMER AGREEMENT.doc

ISC (Indigo Shire Council)

General

  1. This Agreement consists of these Terms and Conditions and the Application Form to which they are attached, and applies to:
  2. the installation of the Meter; and
  3. the supply of Gas for the Term, By ISC to the Customer
  4. By completing in full and signing the Application Form where indicated, the Customer agrees that if ISC then signs the Application Form, both the Customer and ISC are bound by this Agreement.
  5. Subject to the terms of this Agreement, ISC undertakes to supply Gas to the Customer for the Term.

Meter

  1. ISC retains all proprietary rights in the Meter. The Customer has no right, title or interest in the Meter notwithstanding that it is Installed at the Site.
  2. The Customer must not remove, cause to be removed or permit to be removed the Meter or any plate or marking that appears on the Meter
  3. ISC will service the Meter at regular Intervals and will arrange for any necessary repairs to the Meter as required during the Term.
  4. If a meter is suspected by the customer to be running fast (showing more Gas than actually used). Buller Gas will replace the meter as part of the normal meter maintenance and if found to be fast will refund the error % of the customer’s account only from the time of the complaint until the time the meter is removed. Or Buller Gas will immediately replace the meter provided the customer agrees to pay the costs if the meter is found to be correct
  5. The Customer indemnifies and keeps ISC indemnified in respect of any loss, damage or destruction of the Meter during the Term which is not a result of fair wear and tear on the Meter.

Meter Readings

  1. ISC will read the Meter when specified in writing by ISC and, unless specified, the Meter will be read on the last working day of March, June, July, August, September and December.
  2. The Customer must ensure that the Meter is able to be read by ISC at all times.

Amounts Payable

  1. The Customer must pay ISC the Service Charge. ISC may, on seven days’ written notice to the Customer, vary the Service Charge.
  2. The Service Charge is an annual fee which is due on the Commencement Date and payable in respect of each calendar year from the Commencement Date.
  3. Notwithstanding clause 10.1, provided that the Customer complies with all its obligations under this Agreement, the Service Charge may be paid by the Customer in equal payments, with the amount of each of these payments being Included on each bill and calculated by dividing the Service Charge by the number of Billing Periods in each Year.
  4. The Customer must pay the Tariff and any installation Costs.
  5. The Customer acknowledges that the Tariff set by ISC will fluctuate and the cost to the

Customer is dependent upon a number of factors including:

13.1.12.1 the national and international gas markets;

13.2.12.2 the relevant rate of foreign exchange; and

13.3.12.3 freight costs.

  1. The Customer further acknowledges that the Tariff payable in respect of the supply of Gas may not be known to the Customer at the time that Gas Is supplied to the Customer.
  2. The Customer is liable for all government Imposts and duties applicable under this Agreement including stamp duty and GST.
  3. The Customer must pay all amounts specified by ISC including any Bond) at or prior to the Commencement Date.
  1. On each Billing Date, ISC will issue the Customer with a bill, which will also serve as a Tax Invoice, In respect of the Tariff, the Service Charge and any other amounts payable by the Customer under this Agreement for the relevant Billing Period.
  2. The Customer must pay each bill received by I within 14 days of the Billing Date stated on the bill.
  3. ISC may charge interest on all amounts due but unpaid under this Agreement at the rate set out (from time to time) under the Penalty Interest Rates Act 1983 Mc).

Termination and Expiration

  1. If:

a)there is an amount payable under this Agreement and the Customer fails to pay that amount by the date specified by ISC as the due date for payment;

b)the Customer defaults in the observance or performance of any of its obligations under this Agreement;

c)the Customer does or causes to be done any act matter or thing which is likely to endanger any property, the safety of any person or the safety, conditions or safe keeping of the System;

d)where the Customer is a natural person, an order is made for the sequestration of assets of the Customer;

e)where the Customer is a company, a receiver, receiver and manager, administrator or liquidator is appointed over it or it’s affairs;

f)the Customer enters into any composition or arrangement with it’s creditors for the payment of debts owed by the Customer; or

g)any other event occurs which constitutes or evidences on the Customer’s part, a repudiation or refusal to be bound by this Agreement, then ISC may immediately terminate this Agreement without pr to any of its other rights.

  1. The Customer must give at least 30 days’ written notice to ISC of its intention to vacate the Site, the date a final meter read win be required and the Customer’s forwarding address. The Agreement will terminate on the expiration of the notice period.
  2. Either ISC or the Customer may terminate this Agreement for any reason by 30 days’ written notice to the other party. The Agreement will terminate on the expiration of the notice period.
  3. if this Agreement terminates, all amounts for which the Customer may be held liable under this Agreement will become immediately due and payable and ISC may at Its option disconnect the supply of Gas to the Customer and remove the Meter.

Customer’s other obligations

  1. The Customer must inform ISC of any circumstances arising out of the supply of Gas to the Site of which the Customer becomes aware, which is or is likely to create a danger to property or persons.

No Guarantee of Gas Supply

  1. The Customer acknowledges that there are a number of circumstances which may occur (including a force majeure event as described in clause 26) which will prohibit or restrict the ability of ISC to supply Gas to the Site and Therefore the Customer agrees that ISC In no way guarantees its ability to supply Gas to the Site during the Term.
  2. The Customer further acknowledges that In consideration of ISC agreeing to supp Gas pursuant to this Agreement, the Customer will not have any rights or if it had rights the Customer hereby waives those rights that it may other wise have had against ISC in relation to the supply or non-supply of Gas to the Site for whatever reason (whether relating to the negligence of ISC or otherwise).

Force Majeure

  1. if events or occurrences beyond the reasonable control of ISC such as: -

26.1 war, terrorism, revolution, insurrection, riot or invasion;

26.2 earthquake, blizzard, avalanche, aircraft damage, fire, cyclones, lightning, winds, storms,

26.3 industrial relations problems and strikes; or

26.4 any act of the Government or a Government Agency that materially affects the cost and or viability of ISC providing Gas, cause a delay such that ISC is unable to perform its obligations under this Agreement, ISC will not be liable for any such delay or failure and ISC’s obligations under this Agreement will be suspended.

  1. Where, despite the terms of this Agreement (including 24,25 and 26) ISC is liable to the Customer third Parties or both of them for or in relation to the supply or failure to supply Gas to the site, for whatever reason and whether due to a breach of this Agreement, for negligence or otherwise, then the Customer indemnities and keeps ISC indemnified against:

27.1 all actions, proceedings, suits, causes of action, arbitrations, verdicts and Judgments either at law or in equity or arising under a statute, debts, dues, demands, claims of any nature, costs and expenses incurred or suffered by ISC; and

27.2 any loss or damage (direct, consequential or otherwise) incurred or suffered by the Customer and Third Parties.

GST

  1. Except as otherwise provided by this Agreement, all amounts payable under this Agreement in relation to any Supply are exclusive of GST,
  2. To the extent that any Supply under this Agreement constitutes a Taxable Supply, the Consideration payable by the Customer to ISC will be Increased by the applicable amount of GST (GST Amount), which shall be calculated by multiplying the amount upon which GST is payable by the prevailing rate of GST.
  3. Any GST Amount must be paid by the Customer to ISC at the same time and in the same manner as any other amounts are paid or given under this Agreement, without any right of set- off or deduction,
  4. ISC will provide the Customer with a valid Tax invoice at or prior to the time of payment of any GST Amount.

Definitions

32In this Agreement, capitalised words have the same meaning as is given in the completed Application Form and:

Billing Date means the day on which, after the Meter has been read at the Site in accordance with clause 8, ISC issues to the Customer a bill for payment in respect of the Tariff, Service Charge and any other amounts payable under this Agreement for the relevant Billing Period. Billing Period means each period during the Term ending on each date the Meter is read at the Sit? for the purposes of billing the Customer, and beginning on the later of the Commencement Date and the previous date the Meter was read at the Site.

Crown means the Crown in the right of the State of Victoria. Gas means the gas which Is commonly referred to as liquefied petroleum gas or LPG. Government means the government of the State of Victoria. Government Agency means any person or body established by legislation or otherwise as an agent of the Crown in right of the State of Victoria. GST has the same meaning given to that term in the GST Act. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (as amended). Installation Costs means the costs outlined by ISC on the Application Form which relate to installing the Meter and connecting the supply of Gas at the Site. Meter means the meter located at the Site which measures Gas usage by the Customer. Supply has the same meaning given to that term in the GST Act. System means the gas reticulation system by which ISC delivers Gas to the Site, Tariff means the amount the Customer must pay ISC for Gas usage during the relevant billing period. Tax Invoice has the same meaning given to that term in the GST Act. Taxable Supply has the same meaning given to that term in the GST Act. Tenant means any Customer entering into this Agreement for the supply of Gas to the Site, who is not the Crown, the registered proprietor of the Site or who does not occupy the Site under a lease from the Crown or the registered proprietor of the Site. Term means the term of this Agreement, commencing on the later of the date specified as the Commencement Date and the date the Customer pays MS the Installation Costs (if any), and expiring on the date this Agreement terminates under clause 19, 20 or 21. Third Parties includes the Customer’s contractors, sub-contractors, servants, agents, assigns, invitees or others who occupy or are on the Site at any time during the Term.

Y:\Operations\Mt Buller Gas\Administration\Forms\Customer Agreement forms\CUSTOMER AGREEMENT.doc