APPLICATION FOR DISCONNECTION OF GAS SERVICE REQUEST FORM
1. Customer or its representative will, if requested by ATCO, be present at the Property at the pre-arranged time for ATCO to conduct the Works.
2. Customer will ensure ATCO is allowed free and ready access to the Property (and all relevant parts of it) to do the Works and is not otherwise hindered or prevented from performing the Works or related things at the Property.
3. ATCO may alter any Works or description of Works at any time, as it determines necessary for safety, legal or regulatory compliance purposes.
Invoicing & payment
4. ATCO may (acting reasonably) invoice Customer for all Fees & Charges and GST under this agreement at any time (including before or after performance of the Works).
5. Customer must pay all invoiced amounts in full (without any set-off or deduction), in cleared funds within 14 days of the date of ATCO’s invoice. ATCO may terminate or (at its reasonable discretion) suspend provision of any Works until full payment is received.
6. ATCO has no responsibility to perform any work downstream of a gas meter. Customer must engage a licensed gas fitter to perform any work on its gas pipes or appliances downstream of any gas meter.
7. If anything is discovered or arises at any time in relation to the provision of Works at the Property which ATCO considers to be unsafe or non-compliant with any legal or regulatory requirements, ATCO may terminate this agreement or (at its sole discretion) suspend provision of any Works until the thing is made safe and compliant (at Customer’s risk and expense).
Warranties and Liability Limitations
8. When conducting any Works, ATCO will ensure that, so far as is reasonable and practicable, as little detriment or inconvenience is caused and as little damage is done as is possible. However, in performing the Works ATCO may (acting reasonably and at Customer’s risk and expense) need to create access openings or otherwise break, damage or disturb surfaces, coatings, structures, ground, landscaping and other things (including any paving, concrete, bitumen, building, wall, fence, gate, lock, sign, floor, ceiling, pipe, conduit, cable, tree or plant) whether within or outside the Property.
9. Customer is and remains solely responsible for:
9.1 reinstatement and repair of all surfaces, coatings, structures, ground, landscaping and other things (including any paving, concrete, bitumen, building, wall, fence, gate, lock, sign, floor, ceiling, pipe, conduit, cable, tree or plant) within the Property boundary;
9.2 drawing ATCO’s attention to and clearly marking the location of all services (including electricity, water and telecommunications infrastructure), reticulation, safety hazards and other items requiring special protection, controls and care at the Property;
9.3 controlling or assisting ATCO with the safe control of all safety hazards or other things at the Property requiring special protection or controls; and
9.4 ensuring full and timely compliance with all responsibilities and other liabilities of an owner or occupier of the Property.
10. Despite any other term in this document or any contract, arrangement or understanding between any of Customer, Owner and ATCO, and to the maximum extent permitted by law (including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
10.1 ATCO makes no warranty or representation concerning the Works or any other thing, unless expressly stated in these Terms;
10.2 subject to clause 10.3, ATCO’s entire liability to all or any of Customer, Owner and their Associates for loss or damage arising in any way and on any basis (including negligence or willful misconduct) connected with the Works, any related conduct or this agreement, is limited (as ATCO reasonably determines) to:
(a) supplying the Works again; or
(b) payment of the cost of having the Works supplied again.
10.3 no party will be liable to all or any other party (or their Associates) under this agreement, in any way or on any basis for:
(a) any breach, delay, non performance or default arising from any matter or circumstance beyond its reasonable control (including any loss, damage or expense of any kind arising from any such breach, delay, non performance or default); or
(b) any consequential or indirect loss, damage or expense including loss of revenue, loss of profit, loss of use, loss of opportunity, wasted expenditure or economic loss however arising (including from breach of any obligation, arrangement or understanding, at law, under any statute or contract or in equity).
11. ATCO may (acting reasonably) exercise any right or perform any obligation (including performing any Works) itself or with or by any of its Associates.
12. Any guarantee, indemnity or limitation or exclusion of liability in favour of ATCO is in favour of (and may be relied upon by) all and any of ATCO and its Associates, jointly and severally.
14. Each of Customer and Owner warrants and represents that each owner and occupier of the Property has been informed of and consented to the Works and that Customer has obtained (or will have obtained by the time it is necessary to have obtained them) all necessary third party consents, licenses and approvals for ATCO to do the Works.
15. In these Terms, the words “include” and similar expressions are not words of limitation and clause headings are for convenience and do not form part of the agreement.
16. No provision of this agreement may be varied other than in writing executed by each party.
17. Neither Customer nor Owner may assign charge or otherwise transfer any right or obligation under this agreement without ATCO’s prior written consent (which will not be unreasonably withheld).
18. The rights, remedies, duties and obligations of any party provided in this agreement are in addition to other rights, remedies, duties and obligations available to or imposed on any party, by law or any regulatory body.
19. These Terms contain the entire understanding between the parties about its subject matter. All prior negotiations, understandings, representations or commitments about that subject matter are of no effect.
20. In interpreting these Terms, no rule of interpretation applies to disadvantage a party on the basis that it drafted or put forward that part.
21. These Terms and this agreement are governed by the laws applicable in Western Australia, Australia.
22. Associate in relation to a party, means any related body corporate, joint venturer or partner of that party, any contractor directly or indirectly engaged by that party or any such related body corporate, joint venturer or partner, and any principal, officer, employee, agent or other representative of that party or any such related body corporate, joint venturer, partner or contractor.
23. Call-out Fee means a call-out fee of $75.00 plus GST for each occasion that:
23.1 ATCO attends the Property at a pre-arranged time for the Works, but is not given free and ready access to the Property (or any relevant parts of it) necessary to do the Works or is otherwise hindered or prevented from performing the Works; or
23.2 Customer cancels or defers ATCO’s attendance at the Property for the Works with less than 24 hours’ notice.
24. Fees & Charges includes Standard Fee and Call-out Fee:
25. Standard Fee means the standard fee of $770 plus GST to disconnect a gas service and remove a gas meter of up to 12m³/hr capacity.
26. Terms means this Application including these terms and conditions.
27. Works means work and materials reasonably required for the permanent disconnection of the gas service to the Meter and removal of the Meter from the Property