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General terms and conditions of natural gas supply

The terms of natural gas supply are regulated by the norms of the Law of Ukraine "On the Natural Gas Market" No. 329-VIII of 09/04/2015, the Rules for the Supply of Natural Gas approved by Resolution No. 2496 of the National Committee for Refining Chemical Industry of September 30, 2015, the Code of the Gas Transmission System and the Code of Gas Distribution Systems.

The basis for the supply of natural gas to the consumer are:

The availability of the natural gas distribution contract concluded between the consumer and the operator of the timing system in the customer whose object is connected to the gas distribution system and assigning a personal EIC code to the consumer by the GRM operator as a subject of the natural gas market;

The availability of a contract for the transportation of natural gas concluded between the consumer and the operator of the gas transmission system in the customer whose object is connected to the gas transportation system and assigning a personal EIC code to the consumer by the GTS Operator as a natural gas market entity;

Presence at the consumer of the contract of delivery of natural gas concluded with the supplier and observance of its conditions;

Availability of a confirmed volume of natural gas for the relevant billing period for the needs of the consumer;

Absence of the consumer's overdue debt for the supplied natural gas to the current supplier (if any), which must be confirmed by a written certificate of the acting supplier or an reconciliation statement with it.

The supply of natural gas to the consumer is carried out under a contract for the supply of natural gas, which is in accordance with the requirements of the current legislation, under which the supplier is obliged to supply natural gas to the consumer in quantities necessary for the consumer (volumes), and the consumer must timely pay to the supplier the cost of natural gas in the amount, And the procedure, which are determined by the contract.

The conclusion of the contract for the supply of natural gas is carried out taking into account the following requirements:

The consumer has the right to conclude a contract for the supply of natural gas with any supplier provided that there is no overdue debt for the supplied natural gas to the current supplier;

The contract for the supply of natural gas does not fit in the case of the purchase of natural gas by the supplier for own needs from own confirmed volume of natural gas;

The natural gas supply contract is concluded for the entire expected volume of natural gas consumption required by the consumer or at its commercial accounting point, which has been assigned a separate EIC code, and for a period that is a multiple of the calculation period specified in the natural gas supply contract.

The confirmed volumes of natural gas are determined by the rules established by the Code of the gas transportation system and fall to the consumer on the terms of the natural gas supply contract concluded between the supplier and the consumer.

The consumer and his supplier have the right to adjust during the settlement period the confirmed volumes of natural gas in the manner prescribed by the Code of the gas transportation system.

The consumer (except for the domestic consumer) must adhere to the confirmed volume of natural gas (the approved nomination) determined by the supplier for the relevant billing period, and if possible, its exceeding in the calculation period is obliged to warn the supplier about it and in the event of the supplier's refusal to adjust the volumes or Non-coordination of adjustment (renovation) in the order established by the legislation to take measures to limit (stop) own natural gas consumption And to prevent exceeding of the confirmed volumes of natural gas (the approved nomination).

According to the calculated unit of the supplied natural gas, a cubic meter of natural gas is taken, reduced to standard conditions and expressed in energy units.

The consumption of the confirmed volume of natural gas during the billing period is, as a rule, carried out evenly, proceeding from the daily rate, if another consumption regime is not stipulated in the concluded contract for the supply of natural gas.

The volume of natural gas consumption by the consumer in the billing period should not exceed the volume of natural gas confirmed. The deviation of natural gas consumption during the settlement period is allowed to be ± 5% of the confirmed volume of natural gas.

Based on the results of the billing period, the consumer must provide the acting supplier with a copy of the relevant Act on the actual volume (volume) of distributed (transported) natural gas to the consumer for the billing period compiled between the GRM / GTS Operator and the consumer in accordance with the requirements Code of the gas transportation system / Code of gas distribution systems.

Based on the data received from the customer and / or supplier data Operator CTA for three days, and provides the user prepares two copies of reception and transmission of natural gas for the billing period, signed by an authorized representative of the supplier.

The relationship between the supplier and operator of the GTS for the exchange of information on the actual volumes of natural gas consumption by the consumer is regulated by the Gas Transmission System Code and a separate natural gas transportation contract concluded between the supplier and the operator of the GTS.

The consumer shall within two days from the date of receipt of the natural gas transmission and acceptance certificate undertake to return to the supplier one copy of the original of the natural gas transmission and acceptance certificate signed by the authorized representative of the consumer or to provide in writing a reasoned refusal to sign the acceptance certificate of natural gas.

In the event of a failure to sign the certificate reception and transmission of natural gas differences will be settled in accordance with the contract or in court.

Until the court decides the value of the delivered natural gas is set in accordance with the data provider.

In case of transfer of the customer object or part of rent and conditioning transfer the lease contract the lessee appropriate authority to ensure the leased object or part of the natural gas between the lessee and the supplier may conclude a contract of supply of natural gas.

In case of dismissal of the occupied premises and / or the final termination of the use of natural gas, the consumer must notify the supplier and the Timber Rider / Operator no later than 20 working days prior to the day of clearing the premises and / or the final discontinuation of the use of natural gas and submit an application for termination of the contract and pay all kinds of payments under the relevant agreements, specified user space liberation of the day and / or final termination of the use of natural gas in lyuchitelno.

If the consumer does not have a valid supplier and / or the confirmed volume of natural gas in the relevant settlement period, the consumer has no right to select (consume) gas from the gas distribution system and must file a written application with the SRM Operator to stop the distribution of natural gas to its facility.

Rights and obligations of the Consumer and the Supplier

The rights and obligations of the Consumer and the Natural Gas Supplier shall be exercised in accordance with Article 13 of the Law of Ukraine "On the natural gas market" and the Rules for the Supply of Natural Gas.

The consumer has the right, in particular:

 

  1. Free choice of supplier;
  2. Simultaneous conclusion of several contracts for the supply of natural gas, if its annual volume of natural gas consumption exceeds 30 million cubic meters. Meters;
  3. Receipt of natural gas in the volumes determined by the natural gas supply contract, provided that its conditions are met;
  4. The receipt of natural gas of appropriate quality, the physicochemical indicators of which comply with the established standards, in accordance with the terms of the concluded contracts, except for cases of termination (restriction) of the supply of natural gas in accordance with the requirements of legislation and contract terms;
  5. Obtaining information on general terms of delivery (including prices and payment procedure), the rights and obligations of the supplier and the consumer, the indication of legislative acts that regulate the relationship between the supplier and the consumer, the available methods of pre-trial settlement of disputes with the supplier;
  6. Free receipt of information on volumes and other indicators of own consumption of natural gas;
  7. Early termination of the supply contract if the supplier informed the consumer of the intention to amend the supply agreement in terms of delivery terms and the new delivery terms were unacceptable for him;
  8. Free replacement of the supplier, except for cases stipulated by the second paragraph of the first part of Article 14 of the Law of Ukraine "On the Natural Gas Market";
  9. Independent termination (restriction) of the selection of natural gas for own needs in compliance with the requirements of the current legislation, which should be reported in writing to all natural gas market participants with whom the relevant contracts have been concluded;
  10. To demand the resumption of natural gas deliveries in accordance with the established procedure after elimination of violations and compensation for payment for disconnection and connection services, if the gas supply was terminated without the termination of the contract for the supply of natural gas;
  11. Other rights provided by the current legislation.

The consumer is obliged, in particular:

  1. Conclude an agreement on the supply of natural gas;
  2. To ensure compliance with the discipline of gas sampling (consumption) in volumes and on terms determined by contracts;
  3. Ensure timely and full payment for the cost of natural gas in accordance with the terms of the contracts;
  4. Implement a set of measures aimed at preventing the emergence of a threat to life or injury, damage to equipment and products, negative environmental consequences, etc. In case of receiving notification of the termination (restriction) of the supply (distribution / transportation) of gas;
  5. Do not allow unauthorized removal of natural gas;
  6. To ensure the access of representatives of the supplier upon presentation of the service certificate to the territory of its own facilities for reconciling data of actual consumption of natural gas;
  7. Ensure unimpeded access of authorized representatives of the operator of the gas transportation system, the operator of the gas distribution system to the gas metering units and for the purpose of establishing gas metering units;
  8. Timely sign acts of gas acceptance and transfer and other documents necessary for the implementation of the Natural Gas Supply Agreement;
  9. To ensure compliance of the commercial node / gas metering units with the requirements of the Law of Ukraine "On Metrology and Metrological Activities", the state construction norms of DBN В.2.5-20-2001 "Gas supply", the Rules for the registration of natural gas during its transportation through gas distribution networks, supply and consumption, Approved by the Decree of the Ministry of Fuel and Energy of Ukraine of December 27, 2005 No. 618, etc. Immediately inform the supplier and the transport organization about the malfunctions of the gas meters, as the temperature and pressure r Aza.
  10. Independently limit (stop) consumption of natural gas in the following cases:
        - violation of the terms of payment under the contract for the supply of natural gas;
        - the lack or insufficiency of the confirmed volume of natural gas allocated to the consumer;
        - overdelivery of the daily rate and / or monthly confirmed volume of natural gas without agreement with the supplier;
        - absence of the concluded contract of natural gas supply;
        - other cases stipulated by law.
  11. Comply with the requirements of current legislation

The supplier has the right, in particular:

  1. Conclusion of the contract for the supply of natural gas with any consumer and in the absence of the consumer's overdue debt for natural gas in front of the current supplier, deliveries of natural gas to the consumer in the period following the period of natural gas supply by the current supplier;
  2. Receipt from the consumer of timely payment for natural gas in accordance with the terms of the contract;
  3. Unimpeded access (upon presentation of service certificate) to commercial gas metering units installed at gas consumption facilities of the consumer, for reconciling data of actual consumption of natural gas;
  4. Complete and reliable information from the consumer, with whom the contract was concluded, on the regimes of natural gas consumption;
  5. Initiating the procedure for stopping (limiting) the supply of natural gas to the consumer under the terms of the contract for the supply of natural gas and in accordance with the requirements of the Rules for the Supply of Natural Gas;
  6. Other rights provided by the current legislation.

The supplier is obliged, in particular:

  1. Comply with the terms of the Natural Gas Supply Agreement and the Rules for the Supply of Natural Gas.
  2. To ensure the supply of natural gas on the terms and in the volumes determined by the contract for the supply of natural gas, subject to the consumer's compliance with the discipline for the selection of natural gas and payments for it;
  3. Ensure the provision of all necessary documents to confirm by the GTS Operator the natural gas required by the consumer, provided that the consumer has performed his own duties to the supplier to order the natural gas required by the consumer;
  4. In accordance with the established procedure, to consider consumers' requests for activities related to the supply of natural gas;
  5. Timely provide the consumer with reliable information, including those provided for in the Law of Ukraine "On the Specifics of Access to Information in the Sphere of Supply of Electric Power, Natural Gas, Heat Supply, Centralized Supply of Hot Water, Centralized Water Supply and Sanitation", as well as data on actual accruals (volume and value ) For gas supply services to enable the consumer to regulate natural gas consumption;
  6. To provide the Consumer with all necessary information about the general terms of delivery (including prices), the rights and obligations of the supplier and the consumer, the volumes and other indicators of gas consumption, the indication of legislative acts that regulate the relationship between the supplier and the consumer, the available methods of pre-trial resolution of disputes, Her on the official website of the supplier.
  7. Promptly inform the Consumer if the Supplier is in the process of liquidation or bankruptcy, or the Supplier passes through the procedure of suspension / cancellation of the license for the supply of natural gas, or its license to carry out activities for the supply of natural gas is canceled, or its operation is suspended and the absence of a natural gas resource .
  8. To draw up and coordinate an act of acceptance and transfer of natural gas in the manner determined by the Treaty.
  9. Comply with minimum standards and requirements for quality of service for natural gas consumers;
  10. Create contact points to provide information to consumers;
  11. To provide the consumer with a final invoice (invoice) after the supplier is changed or the natural gas supply contract is terminated no later than six weeks after such change or termination of the contract;
  12. To fulfill other duties provided by the current legislation.

Settlement of disputes.

Disputes between the consumer and the supplier are resolved through pre-judicial settlement of disputes in a transparent, fair and expeditious way.

The parties try to resolve all disputes and disagreements through negotiations.

The consumer has the right to submit to the unit of the supplier, who is responsible for resolving the disputes complaint. The supplier is obliged to consider all complaints received from consumers, and within one month to report the results of their consideration.

In the event that agreement is not reached on the disputed issues through negotiations, the supplier and the consumer have the right to apply for resolution of the dispute to the Regulator or its territorial subdivision and / or submit the dispute to the court.

Settlement of disputes by the Regulator or its territorial subdivision shall be carried out in accordance with the procedure approved by the Regulator. An appeal to the Regulator or its territorial subdivision does not deprive the Party of the right to resolve the dispute in court.