Terms and Conditions for Natural Gas Service

The following terms and conditions apply to the natural gas service with EPCOR and therefore the applicant, account holder or owner as applicable (“Customer”), in applying to EPCOR for natural gas service at the Premises acknowledges and agrees:

1. To pay all rates, fees or charges due to the Company by the dates indicated for payment on EPCOR’s monthly bills including any late payment charges (monthly bills are due when rendered and a late payment penalty will be charged when a monthly bill is left unpaid after the due date indicated on the bills) from the date of this application until either:
   1. the written notice to discontinue the supply of natural gas to the Premises is received by EPCOR and a reasonable opportunity has been given to EPCOR to enter the Premises for the purpose of discontinuing the supply; or,
   2. confirmation has been received by EPCOR that a new account holder assumes the benefits and responsibilities for payment of the account;
2. That a meter connection will be established immediately after the installation of the service line at the Premises and will be subject to the monthly fixed charge from that date;
3. That natural gas supplied to the Premises is to be drawn through a meter installed by the Company. The Customer is responsible for the protection of all metering equipment necessary for the supply of gas and for keeping it accessible at all times. If the meter should fail to register the quantity of gas consumed or if EPCOR is not able to gain access to read the meter, the Company will estimate a reading for the purposes of updating the Customer’s account and issuing bills;
4. That EPCOR, before supplying, or as a condition of continuing to supply, natural gas to the Premises, may require the Customer to give reasonable security for the payment of the proper charges;
5. That the Company, upon providing the Customer with 48 hours notice may discontinue service of natural gas, or lock or remove the meter for non-payment of bills (including late penalty charges) when due;
6. To immediately notify EPCOR of any leakage or escape of natural gas on the Premises by calling the 24 hour emergency number at 1-888-765-2256. EPCOR shall not be liable to the Customer for any damages and the Customer shall indemnify EPCOR from and against all loss, cost, damages, injury, or expense associated with any injury or damage to persons or property arising, either directly or indirectly, from or incidental to the escape of gas or products of combustion of gas from piping, controls, appliances or appliances that are on the outlet side of the meter at the Premises;
7. That EPCOR and/or its authorized agents shall have access to the customer’s premises at all reasonable times and upon reasonable notice, unless in case of an emergency, as determined by EPCOR in its sole discretion, EPCOR is unable to provide reasonable notice, for the purposes of inspecting, repairing, testing, replacing, altering or disconnecting any meter, service pipe, appliance or equipment used in connection with gas service within or outisde the premises;
8. That the Company, its directors, officers, agents, employees and representatives (“EPCOR Parties”) shall not be liable to the Customer, its directors, officers, agents, employees and representatives (“Customer Parties”) for any loss, injury, damage, expense, charge, cost or liability of any kind suffered or incurred by the Customer Parties, or any of them, whether of a direct, indirect, special or consequential nature, howsoever or whensoever caused, and whether in any way caused by or resulting from the acts or omissions of the EPCOR Parties, or any of them, except for direct property damages incurred by the Customer as a direct result of a breach of the terms and conditions outlined in this Application for Natural Gas Service, EPCOR’s Conditions of Service or the applicable agreement between EPCOR and the Customer, or other act or omission by an EPCOR Party, which breach or other act or omission is caused by the negligence or wilful act or omission of harm of such EPCOR Party. Any liability under this section will be limited to an amount in proportion to the degree to which the EPCOR Party acting negligently or wilfully is determined to be at fault. For the purpose of the foregoing and without otherwise restricting the generality thereof, “direct property damage” shall not include loss of revenue, loss of profits, loss of earnings, loss of production, loss of contract, cost of capital, and loss of use of any facilities or property, or any other similar damage or loss whatsoever.
9. That in addition to any other liability provisions set out the terms and conditions of this Application for Natural Gas Service, EPCOR’s Conditions of Service or the applicable agreement between EPCOR and the Customer, a Customer Party shall be liable for any damages, costs, expenses, injuries, losses, or liabilities suffered or incurred by EPCOR Parties, whether of a direct or indirect nature, caused by or arising from any acts or omissions of an Customer Party that result in a breach of the terms and conditions outlined in this Application for Natural Gas Service, EPCOR’s Conditions of Service or the applicable agreement between EPCOR and the Customer, or any negligent or wilful acts or omissions of harm of a Customer Party. Any liability under this section will be limited to an amount in proportion to the degree to which the Customer Party is at fault.
10. The Customer shall not install or allow to be installed on property owned or controlled by the Customer any temporary or permanent structures that could interfere with the proper and safe operation of EPCOR’s gas pipeline system or result in non-compliance with applicable statutes, regulations, standards and codes. EPCOR shall not be liable for any damage to any structure or improvement erected, installed or placed in contravention of this Application for Natural Gas Service resulting from the maintenance of such gas line or service line.
11. That the current transfer/connection charge in effect at the time of this Application for Natural Gas Service will be charged to the Customer’s account on the first billing;
12. That in the event the Customer does not have any natural gas consumption within 12 months of installation of a new gas service, the Customer will be required to reimburse EPCOR for any service line installation costs not covered by the service lateral installation fee charged at the time of installation. The inactive account charge may be based on the costs EPCOR actually incurred for the service or on EPCOR’s average installation cost for the service type;
13. That the Company will use any personal information provided in this Application for Natural Gas Service in strict accordance with EPCOR’s Privacy Policy and the processes outlined in EPCOR’s Conditions of Service; and,
14. To comply with and be bound by the foregoing as well as the terms outlined in EPCOR’s Conditions of Service, and any other applicable rules and regulations of the Company as established from time to time.