Best Electricity Supply Pte Ltd’s Terms & Conditions for Retail of Electricity (Business)
The retail by Best Electricity Supply Pte Ltd (the “Retailer”) and the purchase by the Customer of electricity shall be on the Terms & Conditions set out in the Application Form for Electricity Plan (“Application Form”) signed by or on behalf of the Customer and these Terms & Conditions also includes the Price Plan Details and the Price Plan with Additional Conditions, shall collectively be referred to as “the Agreement”.
1.1 In the Agreement, the following words shall have the following meanings:
1.1.1. “Retailer” means Best Electricity Supply Pte Ltd, a Retail Electricity Licensee with Electricity Licence Number of EMA/RE/016.
1.1.2. “Customer” means the customer as stated in the Application Form.
1.1.3. “Start Date” means the date stated in the Application Form as the Start Date.
1.1.4. “End Date” means the date stated in the Application Form as the End Date
1.1.5. “Average Monthly Consumption” means the Average Monthly Consumption stated in the Application Form.
1.1.6. “Payment Term” means the term stated in the Application Form.
1.1.7. “Security Deposit” means the amount specified in the Application Form as the security deposit.
1.1.8. “Supply Premises” means the Supply Premises stated in the Application Form for the electricity supply.
1.1.9. “Plan Period” means the period commencing on the Start Date and unless earlier terminated in accordance with the Agreement, and expires on the End Date.
1.1.10. “EMA” means the Energy Market Authority of Singapore.
1.1.11. “EMC” means a person authorised under the Electricity Act (89A) to operate any wholesale electricity market.
1.1.12. “MSSL” means a person authorised under the Electricity Act (89A) to provide market support services.
1.1.13. “Transmission Licensee” means a person authorised under the Electricity Act (89A) to transmit electricity.
1.1..14. “Relevant Legislation” means the Electricity Act (89A) and any subsidiary legislation made thereunder.
1.1.15. “RoLR Event” means the Retailer of Last Resort Event whereby the Retailer becomes unable or loses the right to retail electricity to the Customer by virtue of one or more of the events specified in the Code of Conduct For Retail Electricity Licensees.
1.1.16. “Default Supply Effective Date” is the date on which the MSSL successfully transfers the Customer to a default supply arrangement in the event of Retailer of Last Resort (RoLR).
2. Sale of Electricity and Undertakings
2.1. The “Plan Period” shall commence on the Start Date and expire on the End Date. However the Retailer has the right to delay the Start Date in the event of any delay by any third parties involved in the establishing or administering of the processes or accounts required to enable the Customer to purchase electricity from the Retailer, in which case the Start Date and the End Date shall be the date notified by the Retailer to the Customer in writing.
2.2. During the Plan Period:
2.2.1. The Retailer agrees to sell, and the Customer agrees to purchase and pay the Retailer for all electricity consumed at the Supply Premises;
2.2.2. The Customer shall arrange for the Supply Premises to be connected to the electricity transmission and distribution system of Singapore and shall obtain such services as may be required to enable the transmission of electricity to the Supply Premises.
2.2.3. The Customer shall maintain its status as a Contestable Consumer, as defined under the Relevant Legislation, and shall not take steps to change such status unless as required under the Relevant Legislation.
3.1. The Customer acknowledges and agrees that the Transmission Licensee, and not the Retailer, has the responsibility for providing, installing, maintaining, repairing, replacing, inspecting and testing the Metering Equipment in accordance with the Relevant Legislation.
3.2. The amount of electricity consumed at the Supply Premises shall be measured by the electricity meters installed at the Supply Premises. These meters are the property of the Transmission Licensee or any such person authorised by the Transmission Licensee who installed them and the Customer shall not tamper or interfere with such meters in any manner. The Customer shall provide such person with all assistance and cooperation in connection with any inspection, reading, servicing, or replacement of any such meters.
3.3. The Customer acknowledges and agrees that the MSSL, and not the Retailer, has the responsibility for meter reading and meter data management in accordance with the Relevant Legislation.
3.4. The Customer acknowledges and agrees that the Retailer will calculate and invoice the amount of electricity consumed based on the Metering Point Option as stated in the Application Form.
3.5. If it is discovered that any meter reading has been inaccurate or omitted or translation of reading into charges has been incorrect then the amount of money due from or to the Retailer, as advised by the MSSL, shall be paid forthwith.
3.6. In the event the metering consumption for the Supply Premises is revised, then, notwithstanding any termination or expiry of the Agreement, the Retailer shall be entitled to make the necessary adjustments to its invoices and render a Tax Invoice reflecting the adjusted consumption to the Customer, who shall promptly make payment within the due date as stated in the Tax Invoice.
4.1. The Customer shall furnish the Retailer with the Security Deposit as security by the Payment Due Date as stated in the first Tax Invoice unless otherwise stated by the Retailer. Where security is required to be provided, the Retailer may in accordance to Condition 4.2 vary the amount of the security to be provided by giving 14 days’ notice to the Customer.
4.2. The Retailer may at any time increase the Security Deposit if:
4.2.1. The Customer fails to make any payment when due;
4.2.2. The average electricity consumption over any three monthly period exceeds the Average Monthly Consumption stated in the Application Form.
4.3. The Retailer may at any time utilise the whole or part of the security for in settlement of any sum due to the Retailer from the Customer. The Customer must, if so required by the Retailer, immediately reinstate to the Security Deposit the amount of the security utilised by the Retailer.
4.4. The Retailer shall be entitled to retain all of the Security Deposit 60 calendar days after the expiry of the Plan Period. The Retailer shall not be required to pay any interest on the Security Deposit.
5. Charges and Payment
5.1. The Customer shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Supply Premises for the Plan Period as stated in the Agreement.
5.2. The amount of electricity sold and/or consumed shall be calculated and stated in the Tax Invoice rendered by the Retailer to the Customer and the Customer shall pay to the Retailer within the Payment Term of the date the invoice is deemed rendered to the Customer without any set-off or deduction.
5.3. The Customer will be credited or debited in the subsequent Tax Invoice rendered, as the case may be, for any adjustment to the previous Tax Invoice(s) which cause the Customer to overpay or underpay.
5.4. If the Customer fails to make payment to the Retailer of any amount payable by the Customer on the Payment Due Date as stated on the Tax Invoice rendered by the Retailer, the Customer shall pay the Retailer late payment interest on the amount outstanding at the rate of 1% per month and such interest shall accrue from the day the amount is due for payment until the day the amount is paid (whether before or after any judgement).
5.5. Unless otherwise agreed by the Retailer, all payments shall be made in Singapore Dollars via GIRO to the bank account designated by the Retailer from time to time. An administrative charge of Ten Singapore Dollars ($10) may be imposed in the event that payment by GIRO or otherwise fails to be effected for any reason including insufficiency of funds in the Customer’s bank account.
5.6. Any costs, fees or expenses (including legal costs) that are incurred by the Retailer as a result of the Customer’s breach of the Terms & Conditions of this Agreement or any charge arising out of the Retailer’s enforcement of any of the Retailer’s rights hereunder or under any such legislation shall be recoverable by the Retailer from the Customer on a full indemnity basis.
5.7. One Time Registration Fee of Thirty Singapore Dollars ($30) for average monthly consumption 200 kWh and below.
5.8. Paper (Hardcopy) Tax Invoice will be provided at an additional charge of One Singapore Dollar ($1) per invoice.
5.9. Account Closure fee of Ten Singapore Dollars ($10) will apply when there is a request to close the account and any subsequent changes to the account closure request submitted to MSSL on the Customer’s behalf.
5.10. All the charges (Market Support Services/Transmission Service/EMC and PSO Service) are subjected to changes by various regulatory bodies (SP PowerAssets, SP Services, EMC and EMA) and are based on the latest published rates by the regulatory bodies. Any change of the charges by the regulatory bodies may take effect immediately and will be passed through to the Customer, where applicable.
5.11. In view of the Carbon Tax and all associated cost that will be introduced by the relevant regulatory bodies from 2019 onwards, all carbon tax related cost shall be passed through to the Customer where applicable.
5.12. All charges are subject to prevailing Singapore Goods and Services Taxes in Singapore Currency.
6. Dispute Resolution
6.1. Should there be any dispute with regards to the Agreement or the Tax Invoice, the Retailer will be the first point of contact for the Customer.
6.2. The Customer has 2 years from the issued date of the relevant Tax Invoice to contest disputes.
6.3. The Retailer will endeavour to resolve dispute under the Agreement amicably within 30 calendar days from it becoming aware of the dispute.
6.4. Any dispute concerning this Agreement will first be referred for mediation at the mediation centre selected by the Customer. The Retailer shall agree to such submission and attend the mediation at the mediation centre selected by the Customer.
6.5. Where any dispute involves MSSL or/and Transmission Licensee, the Retailer shall use its reasonable endeavours to facilitate resolution of such dispute between the Customer and MSSL or/and Transmission Licensee.
7. Limitation of Liability
7.1. The Customer acknowledges that the Retailer does not generate, transmit, distribute or control the supply of electricity and excludes any liability with respect to any loss, damage, cost or expenses which the Customer may incur or suffer in connection with the supply of any electricity to the Supply Premises or any failure or interruption in such supply, howsoever caused. The Retailer shall not in any event have any liability to the Customer for any indirect or consequential loss (including any loss of profits, business, goodwill or any economic loss), whether such liability arises in contract, tort, breach of statutory duty or otherwise.
7.2. Without prejudice to the generality of the foregoing, the total liability of the Retailer for any claims or losses howsoever arising hereunder shall be limited to a maximum of $20,000 or the aggregate payment received by the Retailer from the Customer in the last 6 months whichever is lower.
8.1. The Retailer may at its discretion terminate the Agreement immediately by written notice to the Customer if:
8.1.1. The Customer fails to furnish the Security Deposit in accordance with Condition 4.1;
8.1.2. The Customer fails to pay any amount due and payable to the Retailer under the Agreement;
8.1.3. The Customer fails or neglects to comply with any of its obligations under the Agreement;
8.1.4. The Customer, in the reasonable belief of the Retailer, has committed theft of electricity;
8.1.5. The connection agreement with Transmission Licensee in respect of the Customer’s Supply Premises is for any reason terminated;
8.1.6. The Customer becomes insolvent or is unable to pay its debts as they fall due; or any bankruptcy, winding up or a judicial management proceeding is commenced with respect to the Customer.
8.2. The Customer shall be entitled to terminate the Agreement by giving the Retailer not less than 30 days’ written notice.
8.3. If there is termination in accordance to Conditions 8.1 and 8.2, the Customer shall unless otherwise agreed by the Retailer, pay the Retailer “Early Termination Charges” calculated as follow: Early Termination Charges = 40% X Unexpired Term X Average Contract Value.
8.3.1. “Unexpired Term” means the number of months (rounded down to the nearest month) between the date of the Plan Period is terminated and the date the Plan Period would otherwise have ended.
8.3.2. “Average Contract Value” refers to the arithmetic average of the total amount payable by the Customer to the Retailer in each of the 3 months preceding the termination of the Agreement (exclusive of goods and services tax) or the value of Average Monthly Consumption X Electricity Rate (as stated in the Application Form) whichever is higher.
8.4. In the event of any early termination of the Agreement by either the Retailer or the Customer, for any incentive given (in the form of Cash Rebate, Vouchers or Billing Rebate) to the Customer as stated in the application form, the Customer shall be required to pay an amount equal to the pro-rata of the value of the incentive given, with reference to the balance of the Unexpired Term.
8.4.1. The Retailer may at its sole discretion waive all or part of the Early Termination Charges payable pursuant to Condition 8.3 and Condition 8.4.
8.5. The Retailer will notify the Customer no less than 10 business days before the Agreement is terminated and that the Customer will be transferred to MSSL. The Retailer will notify the Customer of the electricity purchase option available to the Customer if the Customer does not wish to be transferred to MSSL. The deadline for the Customer to register his choice with the Retailer will be 5 business days before the Transfer Date back to MSSL. If the Customer fails to register his choice by the deadline, the Retailer shall proceed to transfer the Customer to MSSL to buy electricity from MSSL at the regulated tariff if the Customer is eligible to apply to cease his classification as a contestable consumer or at the prevailing market prices for the purchase of electricity from any wholesale electricity market through MSSL.
9. Collection of Customer Data
9.1. By submitting to the Retailer the personal/business particulars, the Customer (including the Customer’s employee, representative or authorised person (collectively “Representatives”) consent(s) to the collection, usage, disclosure, storage and processing of information about the Customer and the Customer’s Representatives (“Data”) including but not limited to the Customer’s Representatives name, title, address, identification number, telephone number, contact details and other personal details (“Personal Data”).
9.2. The Retailer may, without prejudice to its rights at law, use the above mentioned Data including Personal Data for the purposes relating but not limited to:
9.2.1. The Retailer’s electricity business or related activities;
9.2.2. Processing of the Customer’s application or the entry or execution of the retail agreement between the Customer and the Retailer;
9.2.3. Verifying the details and/or information provided by the Customer or the Customer’s Representatives in relation to the Customer or the Representatives.
9.2.4. Transfer the Data (including but not limited to mailing address, electronic mailing address and telephone number) to the MSSL to facilitate the implementation of the Retailer of Last Resort (RoLR) Framework as required by the EMA.
9.2.5. Transfer the Data to Credit Bureau to carry out credit checks and for the evaluation of creditworthiness.
9.3. The Retailer may share, make available or transfer the Data including Personal Data, to third parties for the above purposes. Such third parties include but not limited to the Retailer’s holding company, the Retailer’s subsidiaries, agents and contractors.
10. Miscellaneous Provisions
10.1. Unless expressly stated otherwise, the words used in these Terms & Conditions shall have the meanings given to them in Electricity Act (89A) and any Relevant Legislation or in the Application Form.
10.2. The Customer shall not be entitled to assign its rights and obligations under this Agreement except with the Retailer’s prior written consent.
10.3. The Retailer may at any time assign all or any part of its rights and obligations relating to any Customer without prior notice or consent of the Customer.
10.4. No failure on the part of the Retailer at any time to enforce or require the strict adherence and performance of any of the Terms & Conditions herein shall constitute a waiver of such Terms & Conditions or affect or impair such Terms & Conditions in any way or the right of the Retailer at any time to avail itself of such remedies as it may have for any breach of such Terms & Conditions.
10.5. The Retailer shall be entitled to observe and comply with all applicable laws, regulation, codes and customs prevailing in Singapore with respect to the electricity supply and shall not in consequence be regarded to be in breach of any obligation or duty it owes to the Customer (whether under the Agreement or otherwise). The Retailer may by written notice to the Customer revise any term of the Agreement so as to conform to or comply with any direction or request by the EMA. The Retailer will notify the Customer of any such modifications and such modifications shall be binding on the parties.
10.6. If the Retailer is affected by a force majeure event beyond its reasonable control, it shall be released from its obligations hereunder during the existence of such event.
10.7. No person other than the Retailer and the Customer shall have any right under the Contracts (Rights of Third Parties) Act 2001 to enforce any provision of the Agreement.
10.8. If any provision in the Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions in the Agreement and the remainder of the affected provision shall continue to be valid.
10.9. This Agreement shall be governed by, construed in accordance with, the laws of Singapore and the parties submit to the exclusive jurisdiction of the courts of Singapore with respect to any claims or disputes concerning the Agreement.
10.10. This Agreement may be executed in original, faxed or emailed form. A signed copy of the Agreement transmitted by facsimile or email shall be valid and effective as if executed as an original.
10.11. All notices shall be given or sent by hand, facsimile transmission, email or post (with recorded delivery) to the relevant party at its address or facsimile number stated in the Application Form or such other address or facsimile number as the party may notify the other in writing. Any notice given by post shall be deemed duly given 4 calendar days after it was sent and any notice delivered by hand or by facsimile transmission shall be deemed to be duly served upon delivery or transmission of the same and in proving the same, it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid registered delivery letter or that the facsimile transmission was properly addressed and dispatched. The Retailer may also send notices to the Customer by email. Notices sent by email shall be deemed received immediately after being transmitted unless the Retailer has received a message by return that the email transmission had failed or that it was not delivered. The Retailer’s facsimile number is +65 6862 2995.
11. Agreement Renewal
11.1. The Retailer will notify the Customer no less than 10 business days before the effective End Date of the Plan Period of the option of Agreement Renewal with the Retailer. If the Customer fails to appoint an electricity retailer in place of the Retailer after the End Date of the Plan Period, this Agreement shall be automatically renewed for a period of 3 months (each such renewed 3 months period shall be referred to the “Renewal Plan Period”) starting on the date falling immediately after the End Date of the Plan Period or Renewal Plan Period (as the case may be), in which event the terms “Start Date” and “End Date” of the relevant Renewal Plan Period shall be revised and construed to mean the first and last date, respectively, of the Renewal Plan Period. Unless otherwise agreed in writing between the Retailer and the Customer, the applicable electricity rate during the Renewal Contract Period shall be the published prevailing Singapore Power Services (SPS) tariff matching the Customer’s Supply Premises voltage intake with a 5% discount off the said SPS tariff. All the other terms and conditions of the Agreement shall remain unchanged for the Renewal Plan Period.
12. RoLR Event
12.1. In the event of a RoLR Event;
12.1.1. the Customer shall acknowledge and agree to purchase electricity from the MSSL with effect on and from the Default Supply Effective Date at the regulated tariff if the Customer is eligible to apply to cease his classification as a contestable consumer or at the prevailing market prices for the purchase of electricity from any wholesale electricity market through MSSL, unless the Customer is transferred to another Licensee or MSSL prior to the Default Supply Effective Date.
12.1.2. the customer will not be liable for the Early Termination Charges as set out in this agreement.