GENERAL CONDITIONS FOR THE ELECTRICAL ENERGY SUPPLY CONTRACT FOR E-LUZ ENERGY SOLUTIONS, S.L. (NEOLUX)
The purpose of the contract (the “Contract”) is the supply of electricity by E-LUZ ENERGY SOLUTIONS, S.L. (hereinafter, "Neolux" or "Supplier") to the CUPS (Unified Supply Point Code, from its initials in Spanish) indicated by the Customer, on the basis of the Particular Terms and of the present General Terms and Conditions.
With the signature of this Contract, the Customer: (i) expressly accepts the joint contract for the purchase of electricity and the access to the distribution network (ATR, from its initials in Spanish) with Neolux, as the only contractual option. Neolux will be entitled to offer and invoice a global price which includes both concepts (energy purchase and Third-Party Grid Access “ATR”); (ii) authorizes and grants sufficient power to Neolux so that it acquires at all effects the legal position of representative of the Customer before the Distribution Company with regards to the Third-Party Grid Access Contract or manages the termination of previous supply Contracts, whatever their form or, if necessary, subscribes the Third-Party Access Contract with the Distributor; (iii) authorizes Neolux its representation before the National Commission of Markets and Competition (“CNMC”), or if required, the appropriate administration, to the effects of change of Supplier and or any other type of claim in defence the Costumer’s rights as a consumer; (iv) authorizes and grants sufficient power to Neolux so that it can undertake all necessary actions before any Supplier company with which the consumer has (or had had) contracted the supply of electricity, with the purpose of complying with the Contract, and (v) empowers Neolux to carry out all the necessary procedures to sign supply contracts on the Customer’s behalf through shared proximity distributed generation as set in article 9 of Royal Decree 244/2019.
Notwithstanding the aforementioned representation, the Customer will continue to be the holder of the Access Contract, maintaining before the Distributor all legal and contractual rights and duties.
If this contract is resolved, the Customer will continue to be the holder of the security deposit that may exist. To this effect, the Customer, with the signature of this Contract, obliges himself not to terminate, resolve or modify the Distribution Access Contract that Neolux formalizes in its name, for the duration of this Contract, notwithstanding his right to change supplier in the terms set out by the legislation in force.
In accordance with the Electricity Sector Law and its developing legislation, the Customer expresses his understanding that the Distributor is the sole responsible for the maintenance of the distribution network and of the quality and continuity of supply. On this basis, Neolux, will not be at any time responsible of the lack of quality or continuity of the supply or for the damages that the Customer might suffer as a consequence of interruptions or cuts in supply, surges or tension drops, etc. In these cases, the Customer must preferably address any complaint, extrajudicial or judicial, related to the quality or continuity of supply to the Distribution Company with which the Access to the network of the Customer’s Supply Point (CUPS) is contracted. Neolux will provide the Customer, if he so requests, the identity and domicile of the Distribution Company with which the access to the network is contracted. In the event that the Customer directs the claim to Neolux, Holauz reserves the right to repeat against the Distribution Company.
If the Contract is terminated for any reason, the Customer shall in any case be obliged to pay for the costs incurred until the date the service is terminated plus the applicable interest, regardless of any compensation that may legally correspond as a result of said termination.
In the case that it is not possible to resolve the Contract attending to the interest of the Bankruptcy proceeding, the parties expressly recognize that all those debts stemming from the provision of services from the present Contract will be considered as credits against the bulk (“créditos contra la masa”) and will be of immediate payment, both before and after the Bankruptcy proceeding.
This is the complete content of the General Conditions agreed by the Customer and E-LUZ ENERGY SOLUTIONS, S.L., formalized electronically and uploaded for the Customer's use in the restricted access area of www.neoluxenergy.com.