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General terms

General terms for electric power supply to household consumers

The general terms of Elektro Gorenjska, d. d. for the electric power supply to household consumers which are in force from 23rd March 2009 include the following:

1. General provisions

The general provisions of Elektro Gorenjska, d. d. for the electric power supply to household consumers (following General provisions) define the terms of supply and use of electric power, and the rights and liabilities of electric power household consumers and suppliers, which are uniform for all household consumers and are an integral part of each individual electric power supply contract (following contract). On the basis of these general provisions contract are contracts are made in writing. Each individual contract defines specificities which refer to the individual contract entity.

The general terms are published on the supplier's website. The supplier and household consumers accept all liabilities under General provisions when concluding a contract.

The integral part of the contract is also the price list of Elektro Gorenjska, d. d., concerning the supply of electric power and additional services for the household consumers (following price list).

2. The meaning of terms

The price for the network use is the price paid by the consumer for the network use, being composed of the network charges and supplements to the network charge, defined by the legislation. It is charged by the system operator of distribution network.

The electric power supplier (following supplier) is a legal entity which sells electric power to the consumer.

The household consumer (following consumer) is a consumer who uses electric power on the basis of a contract for his own domestic use, excluding economic or occupational activities. The consumer is the owner of the measuring point or to the person who has a lease relationship or a similar contractual relationship (e.g. user) with the owner of the measuring point.

The obligor is the owner of the measuring point or the user, authorised by the owner, who assumes the duties of settling financial liabilities according to General terms, price lists and the contract. In this case, the user is the addressee for the invoices and other notifications of the supplier.

The consent holder - owner refers to the right and obligation-holder according to the issued agreement of the connection.

The delivery-transfer point is a place where the consumer receives electric power from the distribution network and is usually situated at the border between the SODO network and the consumer's electric power equipment.

SODO - the system operator of distribution network is the executor of the public trading service and the function of the system operator of electric power distribution network.

Other terms used in General provisions have the same meaning as defined in the Energy Act and implementing regulations in this field.

3. Liabilities of the supplier and consumer

The supplier will supply the consumer with electric power under the terms defined in General provisions, price list, and contract, except in cases of force majeure and failures or measures, which the supplier cannot influence, as well as in other cases, as defined in the Energy Act and implementing regulations. The consumer will receive electric power under the terms defined in General provisions, price list, and contract, except in cases of force majeure. The supplier shall be liable to provide information on consumed electricity to the consumer once a year.

The supplier shall not be responsible for SODO liabilities, which are determined by the applicable legislation, or for any disturbances in the supply of electricity.

The contract shall normally be concluded for an unlimited period of time, unless otherwise specified in the contract. The contract shall be made with the paying agent. Should the paying agent be the leaseholder or other kind of user, he/she has to obtain a preliminary statement from the owner, stating that the owner approves the contract. Consent holder - owner shall jointly and severally be liable for the obligations from the address of the supplied electricity, unless otherwise specified in an act of higher force. Joint and several liability cannot be excluded by the contract.

4. Additional services of the supplier 

The supplier offers to consumers additional services which are defined in the conditions of sale for additional services to household consumers. These conditions are published at the supplier's website.

5. Prices

The prices for the electric power supply are determined by the supplier, separate for the bigger (VT) and smaller daily tariff (MT), and uniform daily tariff (ET). The prices are determined in the contract.

The time of the bigger, smaller, and uniform daily tariff is defined in the Act of selection of methodology for network charges and methodology for the definition of network charges and criteria for determining eligible expenditures for electric power networks.

Excise duty is defined in the Excise duty Act and executive acts.

The price for the electric power supply, extra costs, debit note expenditures, recovery expenditures and prices of additional services are defined in the supplier's valid price list and are published at the supplier's website.

The price for the network use is defined by the legislation. It is published at the website address of the Energy Agency of the Republic of Slovenia and at the supplier's website.

5.1. Price changes

The supplier shall duly notify the consumer on changes of electricity prices, additional costs and prices of other services, issued in the price list, at least one month prior to the implementation of the change. The supplier and the consumer shall agree upon the fact that the notification on price changes serves as an appendix of the contract, should the consumer not withdraw from the contract because of this heading. Should the consumer not agree with the changes, he/she can withdraw from the contract with a written notice within fifteen days from receiving the notification on price changes and can opt for another supplier, the supplier changeover being performed on the first day of the month if the new contract has been reported at SODO by the tenth day of the previous month. In the period from the implementation of changed prices until the official changeover of the supplier, the supplier shall supply electricity to the consumer according to the changed prices, specified by the supplier.

Should the price change not coincide with the conclusion of the account period, SODO shall not read the counter. The price change shall be taken into account with current monthly invoices for the expected supply of electricity. Overcharged or undercharged quantities of electricity shall be calculated according to current prices when settling the accounts.

The supplier shall subsequently notify the consumer on changes of prices for the use of electricity networks, excise duty and all other legally regulated duties by issuing a new price list at the supplier's website.

The consumer has the possibility of notifying the supplier on the reading of the counter within five working days from the implementation of the price changes.

5.2. Extra costs

In specific basic packages for electrical energy supply, these two extra costs are charged by the supplier: bookkeeping service (SVR) and high consumption supplement (DVP). The extra costs are determined by the price list of the supplier, available at the supplier's website.

Bookkeeping service (SVR) is an extra cost to the prices of electrical energy in basic packages 1, 2 and 3. The SVR includes the supplier's costs of processing and sending the invoices. The SVR will be charged once a month with the regular invoice for the supplied electrical energy.

High consumption supplement (DVP) is an extra cost to the prices of electrical energy in basic packages 1, 2 and 3. The basis for calculating the DVP is the average daily consumption of electrical energy on a particular measuring point of the customer. The DVP is accounted only for the amount of the exceeded total daily consumption (over 10 kWh) or the exceeded total annual consumption (over 3.650 kWh) of electrical energy. It is charged once a month with the regular invoice for the expected supplied electrical energy. The charged DVP is adjusted according to the actual used electrical energy once a year with the annual settlement

6. Network access

The consumer authorizes the supplier by the signature of the contract that the supplier can in behalf of the consumer and his account claim the network access at SODO's, arrange all issues in connection with the network access and acquire all the data by SODO, necessary for the supply. The supplier obliges to SODO that he will submit all the received data concerning the change of the consumer. The consumer is obliged to the send the supplier all the data changes which affect the network access. On the basis of the agreement between the supplier and SODO, the supplier will on the basis of the received SODO invoice in the name of the buyer, separately present the amount for the network use in the invoice for the supplied electric power. This enables the consumer that he can pay the network use together with the invoice for the supplied electric power in time, as defined in the contract, while the supplier can settle the liabilities for the network use to SODO within 15 days of issuing the invoice.

7. Calculation and payments 

The information for calculating the supplied electricity on measuring devices and its authenticity shall be ensured by SODO together with the provisions of General conditions for the supply and consumption of electricity from the distribution network (Official Gazette of the RS, no. 126/07) and other regulations and acts within this realm, including all of their changes.

The consumer authorizes the supplier by the signature of the contract that the latter can acquire the measuring data for the elaboration of the offer, the forecast of the consumers consumption diagram, the calculation of the supplied electric power, and other data, defined in the Decree on the dealings of the public utility service of the activities as the system operator of electric power distribution network.

The calculation for electricity and the use of electricity networks shall be carried out monthly in compliance with the contractual provisions according to the actual consumption or the expected consumption with an annual settlement.

For measuring points which enable remotely controlled measuring data, the supplier shall issue an invoice for the period from the first until the last day of the month. For measuring points with an annual settlement, the account period is one year. Once a year, SODO shall read the state of the counter and shall thus determine the actual quantity of consumed electricity for the last account period. During the account period, the supplier shall issue monthly invoices according to the expected consumption or according to the consumption from the previous account period. By the end of each account period, the supplier shall carry out a settlement of the difference between the amount of actual consumed electricity and previously charged consumption, based on the reading of the counter. For overcharged consumption, the supplier shall issue a credit note. The amount of the credit note shall be recouped without interest with the next monthly invoice. For undercharged consumption, the supplier shall issue a debit note. The consumer is required to pay the debit note within a time period, specified in the contract.

As for the new consumers, SODO shall determine the anticipated average monthly take-up according to the information about the anticipated consumption of the consumer, which shall be the basis for calculating the expected consumption.

The consumer can inform the supplier on the reading of the counter for the control calculation from the first until the fifteenth day of the month. In case of payment through standing orders, this should be communicated by the third day of the month. If the consumer shall communicate his/her reading of the counter, the account period shall be finished and the invoice shall be issued by the supplier.

The supplier will issue a joint invoice for all the financial liabilities of the consumer (network use expenditures, electric power, excise duty, additional services, possible debit notes and recoveries, as well as interest for late payment). The invoices will be issued separately for individual measuring points once a month.

The payment period for all financial liabilities is 15 days from the day of the issuing of the invoice, unless it is defined otherwise in the contract.

If the consumer does not settle his contracting liabilities to the supplier within the defined payment period, the supplier can charge him with interest for late payment and expenditures for debit notes and recovery.

In case of irregularly paid liabilities of the consumer to the suppler, the supplier will arrange the delayed payments in accordance with the valid provisions of the Obligation Act.

If the consumer does not agree with the issued invoice, he is obliged to pay the unquestionable part in the payment period, while for the part in dispute he has to submit a written appeal to the supplier within 8 days from the invoice reception day. The supplier is obliged to answer in written form within 8 days from the appeal reception day.

8. Withdrawal from the contract

In case of the consumer's non-payment of all his liabilities, as agreed in the contract, not even after the payment period, as settled in the debit note, the supplier withdraws from the contract after a prior written notification and notifies SODO on the subject.

If the infringement of the contract, which was the reason for the withdrawal from the contract, is removed within one month of the suspension of the electric power supply, it is considered that the contract did not cease to have effect, but was in rest and shall again enter into force upon the day when the supplier receives a written notification from the consumer that the infringement was removed. The consumer needs to send a proof of the latter unless the contracting entities agree otherwise.

The consumer can withdraw from the contract because of the supplier change, ownership change of the measuring point or disconnection from the distribution network if he wishes so. The consumer has to operate in accordance with the rules that determine the electric power market operations. The consumer has to settle all his financial liabilities which were generated until the day of the contract termination for the measuring point in use.

The consumer can withdraw from the contract in writing, because of the change of the supply package, changeover of the supplier, change of the ownership of the measuring point or the disconnection from the distribution network at his/her request. The supplier changeover shall be performed on the first day of the month if the new contract has been reported at SODO by the tenth day of the previous month. The consumer has to settle all financial liabilities from the address of the measuring point, which have arisen until the day of the annulment of the contract.

9. Custody of contract and information

The supplier and the consumer will inform each other in the way as defined in the contract. All postal items, related to compliance with the provisions of the contract, shall be sent to the consumer's address, specified in the contract, by using regular postal delivery. The consumer has to notify the supplier on the changes of data, which is significant for carrying out the rights and liabilities of the contractual relationship. The notification shall be sent in writing no later than eight days after the change. Otherwise, the consumer shall be liable to recover damages to the supplier and the supplier may withdraw from the contract without notice.

 

10. Final provisions 

The supplier may, at any given moment, change the General terms. The supplier shall adequately notify the consumer on any change of the General terms. The supplier and the consumer shall agree upon the fact that the changed General terms are an integral part of the contract, should the consumer not withdraw from the contract because of this heading. Should the consumer not agree with the changes of General terms, he/she can withdraw from the contract with a written notice within fifteen days from receiving the notification on the changes and can opt for another supplier. The supplier changeover shall be performed on the first day of the month if the new contract has been reported at SODO by the tenth day of the previous month. In the period from the implementation of changed General terms until the official changeover of the supplier, the supplier shall supply electricity to the consumer according to the changed General terms. Should the supplier not receive a written withdrawal from the contract within the specified time period, it shall be assumed that the consumer agrees with the changes of General terms.

The consumer's request to change the obligor or to enter into a new contract in the existing measuring point can be executed by the supplier, if the following two conditions are cumulatively fulfilled; that the contract with the new consumer is concluded and that all financial liabilities of the previous consumer in the existing measuring point are settled. In this case, the requested change of the obligor is taken into consideration in the next invoice. The new consumer and the supplier conclude a contract under the suspensive condition of settling all delayed and unpaid liabilities in this measuring point.

In case one of the two conditions in the previous paragraph is not fulfilled within 45 days after the supplier received the consumer's request for the change of the obligor in the measuring point, then the supplier informs SODO. After the reception of the supplier's notification, SODO charges the used energy of the new consumer by the tariff for ineligible consumption in accordance with the valid General conditions for the supply and consumption of electric power.

The consumer authorizes the supplier and approves that his personal data are collected, archived, processed, used and forwarded in connection with all procedures of the supplier, and that the validity and changes of the personal data are verified by competent authorities. The supplier will keep all data confidential in accordance with the valid legislation on the protection of personal data.

For the clearance of liabilities and rights of the supplier and consumer which are not defined, the General provisions and the contract, the provisions of the Energy act and regulations, issued on the basis of the former act, the provisions of the Obligation code and other regulations on contracting relationships are used. Meaningfully all possible changes and supplements of the mentioned legal regulations shall apply.

The supplier and consumer will endeavour to solve by common consent any problems which might occur in this contractual relation. Otherwise, the court of the supplier's seat is responsible for the problem solving.

If the provisions of the General provisions and the contract differ, the provisions in the contract are valid.

When these General provisions enter into force, the General provisions from the 27th October 2008 shall cease to have effect. These General provisions were approved by the management board of Elektro Gorenjska, d. d., and have been in force from the 23rd March 2009.