SUN ELECTRIC POWER’S TERMS AND CONDITIONS OF ELECTRICITY SUPPLY

 

Unless otherwise defined in these Terms and Conditions, capitalised words used in these Terms and Conditions of electricity supply have the following meanings:

  1. Retailer”: Sun Electric Power Pte. Ltd.
  2. Supply”: Electricity supplied at the said premises
  3. Consumer”: The signatory of the Acceptance Form
  4. Each of the Consumer and Retailer shall be a “Party“, and together the “Parties“.

 

Summary Table

Clause Price / Formula / Charges Clause Number
Security Deposit
  • Two Month Security Deposit according to the following formula:

Average Monthly Consumption * Accepted Rate ($/kWh) * 2 * (7% GST)

2.1
Automatic Renewal / Contract Expiry
  • Power Supply contract will automatically renew for 12-month periods or applicable Plan Duration if no request of termination is submitted 1-month prior to the expiration date of contract.
  • Charges under renewed contract will be revised to then-current prices. Consumer will be notified of the price revision.
  • Notice must be given at least one month prior to expiry for contract to expire and not be renewed.
3.2
Termination / Dispute Resolution
  • Either Party shall be entitled to terminate this Agreement at any time by giving two (2) months’ prior written notice to the other Party. Early termination charges will not apply to renewed contracts.
  • SP Services will be the Retailer of last resort (RoLR) in the event that your electricity supply is Unresolved in case of disputes regarding the contract for electricity supply.
3.3/3.5
Early Termination Early Termination Charges = 50% × Unexpired Term × Average Contract Value 3.3
Late Payment Fee
  • 1% interest on unpaid amount, compounded monthly from the due date until the day the amount is paid
1.3

 

  1. Charges, Billing and Payments

    1. The Consumer agrees and undertakes to accept the supply of electricity from the Retailer upon the terms set out in the Acceptance Form and these Terms and Conditions, and to pay the Retailer with effect from the Commencement Date the following charges relating to such Supply to the Consumer’s Premises:
      1. All the charges stated in the Acceptance Form with respect to all electricity Supplied to the Consumer’s Premises in each Billing Period during the Supply Duration (being the period from the Commencement Date to the Expiry Date) based on such loss or other appropriate adjustment by the market support services licensee (“MSSL”), transmission licensee (“TL”), or any third party approved by the Energy Market Authority (“EMA”) as the case may be, including spinning reserve charges imposed to intermittent generators of the EMA; and
      2. Goods and services tax (“GST”) at the prevailing rate.
    2. Unless otherwise stated in the Acceptance Form for Electricity Supply all payments shall be made in Singapore Dollars (S$). An administrative charge of S$25.00 per incident shall be imposed for each incident that payment by GIRO or otherwise fails to be affected for any reason including insufficiency of funds in the Consumer’s bank account.
      1. Arising from any change in law, regulation or policies, or from the implementation, supply or operation of energy generating apparatus, for example, regasified liquefied natural gas in Singapore and photovoltaic generating facilities in Singapore; and such charges as may be introduced from time to time or revised from time to time.
    3. If the Consumer fails to pay the Retailer any sum when due, the Retailer may at its sole discretion exercise its rights under Conditions 3.5 and/or 3.6. In addition, the Consumer shall pay the Retailer late payment interest on the amount outstanding at the rate of 1% per month and such interest shall be compounded and accrued from the day the amount is due for payment until the day the amount is paid (whether before or after any judgment).
    4. In the event the metering consumption for the Consumer’s Premises is revised, then, notwithstanding any termination or expiry of this Agreement, the Retailer shall be entitled to make the necessary adjustments to its bills and render an invoice reflecting the adjusted consumption to the Consumer, who shall promptly make payment within fourteen (14) calendar days of the invoice.
  2.  

  3. Security Deposit

    1. The Retailer may at any time by giving written notice require the Consumer to furnish or increase the Security Deposit (“SD”) equivalent to two (2) months’ bill amount (inclusive of GST) which monthly bill amount shall be determined as follows:-

 

Security Deposit=Avg. Monthly Consumption (kWh)*Rate (per kWh)*2

 

Average monthly consumption is determined by the consumer’s electricity bills for the preceding three (3) months or if such bills are not available, then such amount is determined by a verbal declaration by the consumer.  

    1. The Consumer shall furnish the Retailer with the SD before the Commencement Date or within seven (7) calendar days of the date of the notification in respect of the increase in the SD.
    2. The Retailer shall be entitled to retain the SD, and the Consumer shall ensure that the SD remains valid and enforceable, until sixty (60) calendar days after the expiry or termination of the Supply Duration and may utilise at any time the whole or any part of such SD in payment of any sum due to the Retailer from the Consumer.

 

  1. Supply Duration, Renewal and Termination

    1. Subject to the provisions of this Clause 3, the Supply Duration will commence on the Commencement Date and end on the Expiry Date.
    2. Either Party may elect not to renew the Supply Duration by giving at least one (1) month’s written notice prior to the expiry date of the then-current Supply Duration. Retailer will send a notification about the renewal, 10 work days prior to the date on which the said one-month notice period expires. The Supply Duration will be automatically renewed on the Expiry Date for successive periods of 12 -months or as stipulated in the Supply Duration and on such renewal, the Expiry Date shall be extended to the last day of the renewed period on the same terms save that the Charges for the renewed period shall be revised to the prevailing rate offered by the Retailer for the corresponding electricity product package the Consumer is contracted for.
    3. Applicable for Consumers on all packages:
      1. Either Party shall be entitled to terminate this Agreement at any time by giving two (2) months’ prior written notice to the other Party.
      2. If this Agreement is terminated for any reason other than a Force Majeure Event pursuant to Clause 5.9 or a material breach by the Retailer, the Consumer shall, unless otherwise agreed by the Retailer, pay the Retailer early termination charges calculated as follows:

 

Early Termination Charges=50%*Unexpired Term*Average Contract Value

 

Where “Unexpired Term” means the number of months including part thereof (calculated to the next higher whole number) between the date of termination and the date the Supply Duration would otherwise have expired; “Average Contract Value” means the higher of (exclusive of GST) the (i) average of the total amount payable by the Consumer to the Retailer based on the average electricity consumption of three (3) months (before the date of termination) or (ii) the total amount payable by the Consumer to the Retailer based on the Declared Monthly Consumption, where “Declared Monthly Consumption” means the Declared Monthly Consumption set out in the Acceptance Form.

    1. This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. In the event of any dispute in connection with this Agreement or any complaint relating to the Supply, the Consumer shall refer the matter to the Retailer and the Parties shall attempt to amicably resolve the dispute or complaint. If any such dispute cannot be resolved amicably, the parties submit to the non-exclusive jurisdiction of the courts of Singapore in respect of any claims or dispute arising from this Agreement. Our dispute resolution procedure may be found online at this URL: www.sunelectric.com.sg/dispute-resolution.
    2. All consumers whether businesses or household will be transferred from Sun Electric to SP Services in case of unresolved disputes. Retailer will transfer the consumer’s contact information (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. SP services will be the RoLR in case of disputes arising during or at the end of the contract duration. In the event of a transfer to RoLR, Consumer will be charged at the applicable tariff rates of the RoLR being the regulated Tariff for businesses and households consuming over 2,000 kWh per month, and the wholesale price for businesses consuming more than 2,000 kWh per month.
    3. The Retailer shall be entitled to terminate the Supply Duration immediately at any time by written notice to the Consumer if:-
      1. the Consumer fails or neglects to furnish the Security Deposit or revised Security Deposit or pay any sum which has become due or payable to the Retailer;
      2. the Consumer becomes insolvent or is unable to pay its debts as they fall due, or any bankruptcy, winding up or judicial management proceedings is commenced with respect to the Consumer;
      3. a receiver or manager is appointed over any of the assets or property of the Consumer;
      4. the Consumer reduces or threatens to reduce, or the Retailer has reason to believe that the Consumer will reduce, its consumption by more than Consumption Threshold from the average electricity consumption of three (3) months (before the date of termination);
      5. the Consumer offers or submits a proposal to its creditors or any group of its creditors relating to the payment of its debts; or
      6. the Retailer is of the reasonable opinion that any of the above is or will be imminent.
      7. The Retailer will transfer the consumer to SP Services in the event of a termination
    4. the Supply to the Consumer’s Premises at the end of the Supply Duration in which case:
      1. the Retailer will give to the Consumer written notice of such transfer;
      2. the Retailer shall be released and discharged from all obligations and liabilities hereunder with effect from the date stated in the Retailer’s notice as the date on which such transfer occurs; and
      3. the terms and conditions governing the Supply with effect from the date on which such transfer occurs shall be determined by the MSSL.
    5. Rate and switching provisions applicable to Consumers on all electricity product packages:
      1. In the event the Consumer’s Energy Charges is based on a fixed discount to tariff rates of SP Services Limited (“SPSL”), the discount rate shall remain fixed throughout the Supply Duration from the Commencement Date. The

Retailer reserves the right to revise the discount as mutually agreed between the Retailer and the Consumer upon renewal under Clause 3.1.

      1. In the event that SPSL does not publish the applicable tariff during any part of the Supply Duration, the energy Charges for the relevant Supply Duration shall be based on the prevailing energy charges offered by the Retailer for the applicable electricity product package subscribed to, for successive periods of twenty-four (24) months.
      2. The Consumer shall be entitled to (i) switch to any of the Retailer’s other electricity product package, (ii) add another of the Retailer’s electricity product package, or (iii) spread its current Solar Guarantee across the Retailer’s other electricity product packages, as mutually agreed between the Retailer and the Consumer at any time by giving one (1) month’s prior written notice to the Retailer, PROVIDED THAT the Retailer shall have the right to require that the charges under the new arrangements selected by the Consumer shall commence only at the next Billing Period after the expiry of the one (1) months’ notice. The Consumer shall only be entitled to switch, add to or spread across the Retailer’s other electricity product packages not more than once every six (6) months and no later than six (6) months’ prior to the expiry or termination of the Supply Duration.

 

  1. Solar Guarantee Provisions

    1. Solar Guarantee provisions applicable to Consumers on SolarFLEX electricity Product Package:
      1. The Retailer does not guarantee any of the following to the Consumer:(a) the amount of electricity generated from solar energy generators (“Solar Electricity”); or (b) any priority to Solar Electricity.
      2. The Customer shall receive Solar Electricity subject to availability and at sole discretion of the Retailer.
      3. The Consumer accepts that its Supply may not have any Solar Electricity allocation from time to time.
    2. Solar Guarantee provisions applicable to Consumers on SolarLITE electricity Product Package:
      1. The Retailer guarantees the Consumer the specified amount of solar electricity in their Supply as stated under the Solar Guarantee.
      2. In the event that the Retailer is unable to meet its obligations under the Solar Guarantee due to a Force Majeure Event (defined below), the Retailer shall have the right to switch the Consumer to any of the Retailer’s other electricity product package with a lower Solar Guarantee (“Force Majeure Switch”). Upon any such Force Majeure Switch, the Consumer shall pay all energy charges and other charges at the prevailing rate offered by the Retailer for the corresponding electricity product package the Retailer switches the Consumer into.
      3. In order that there is no Supply disruption to the Consumer, the Consumer agrees that the Retailer does not need to provide any advance notice of any Force Majeure Switch.
      4. If a Force Majeure Switch is made, the Retailer shall give the Consumer written notice of it within seven (7) calendar days.  
      5. If a Force Majeure Switch is made, then at the end of the Force Majeure Event the Retailer shall as soon as practicable revert the Consumer back to the electricity product package contracted for under the Acceptance Form and all its corresponding charges shall then apply.
      6. Upon receipt of the Retailer’s written notice under Clause 4.2.3, the Consumer may after fourteen (14) calendar days from the day the Force Majeure Switch is made (with the day the Force Majeure Switch is made being Day 0), either (a) terminate the Agreement at any time by giving two (2) months’ prior written notice to the Retailer or (b) switch to any of the Retailer’s other electricity product package as provided for under Clause 3.8.3.
      7. “Force Majeure Event” means any event beyond the reasonable control of the Retailer, which include without limitation the matters set out under Clause 1.2.1, strikes, lock-outs or other labour disputes, civil disturbances, actions or inactions of government authorities or suppliers, epidemics, wars, embargoes, acts of God or other catastrophes.   

 

  1. General

    1. The installation, use and maintenance of the electricity meter at the Consumer’s Premises shall be governed by the Metering Code issued or published by the EMA from time to time. The Consumer shall render such assistance as the MSP or the Retailer may request and shall not prevent the MSP or the Retailer from carrying out its functions. The Consumer shall allow and provide all access, assistance and cooperation to the Retailer or the MSP in connection with any installation, inspection, reading, servicing or replacement of any meter. Notwithstanding anything contained herein, the Retailer may read the Consumer’s meters on such regular basis as it determines. Nothing herein shall prevent the Retailer from removing any meter from the Consumer’s Premises upon the disconnection or termination of the Supply to any part of the Consumer’s Premises. Neither the Retailer nor MSP shall be liable for wrongful billing of any consumption data or any damage to the Consumer’s Premises or any other loss or damage howsoever suffered by the Consumer. The Consumer shall be responsible for maintaining the meter board and any associated wirings connected to and from the meter. The Consumer shall not remove or relocate the meter without the Retailer’s prior written consent. The Consumer shall indemnify the Retailer against all cost, loss and expense howsoever incurred by the Retailer in respect of any lost, stolen, relocated, damaged or tampered meter. Unless otherwise expressly agreed by the Retailer, upon termination or expiry of this Agreement, the Retailer shall have the right to disconnect and remove any meter leased by the Consumer from the Retailer. All other applicable terms and conditions of the meter leasing agreement between the Retailer and the MSP or other third party shall be deemed incorporated herein with the necessary changes, and references to the Retailer in the metering agreement shall refer to the Consumer, and references to the MSP or meter lessor shall refer to the Retailer.
    2. U-Save rebates is part of the GST Voucher Scheme introduced by the Singapore Government for eligible residential consumers to offset their utilities bills. Consumers will be able to use their U-Save rebates to partially or fully offset the Retailers bill. The Retailer will offset the rebates from the current electricity bill and any outstanding rebate will be carried over to the following month.
    3. The Consumer agrees the Retailer’s obligations and duties owed to the Consumer are subject to all applicable laws, codes and customs prevailing in Singapore relating to the supply of electricity to the Consumer (“Applicable Supply Regulations“). Any act done by the Retailer in observance or compliance with the Applicable Supply Regulations shall not be a breach of any obligation or duty owed to the Consumer and all such obligations and duties owed to the Consumer shall be superseded or amended by such Applicable Supply Regulations.
    4. None of the TL, MSSL, EMA, MSP or EMC shall be considered an agent or contractor of the Retailer. The Retailer shall be entitled to disclose any information concerning the Consumer to the TL, MSSL, EMA, MSP, EMC and any other persons as may be required or permitted by law, or where the Retailer considers that such disclosure is necessary for the purposes of the matters contemplated by the Agreement.
    5. The Retailer shall be entitled to assign and transfer all its rights benefits and obligations under this Agreement to such person as the Retailer may specify in writing to the Consumer and the Retailer shall thereafter be released and discharged from all obligations and liabilities to the Consumer in respect of the Supply.
    6. No failure on the part of either Party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver or consent of a provision or right under this Agreement must be given in writing by the Party granting such waiver or consent. The terms herein shall not be amended, varied or supplemented unless the Parties so agree in writing.
    7. The Consumer has independently assessed the merits of and understands and accepts all the terms, conditions, volatility of energy market and risks associated with this Agreement.
    8. No person other than the Retailer and the Consumer shall have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any provision of this Agreement.
    9. If the Retailer is affected by a Force Majeure Event for more than thirty (30) continuous calendar days and is unable to provide the Supply, either Party may give notice to terminate this Agreement with immediate effect and each Party is released from all future obligations but shall remain liable for all obligations and liabilities, including amounts payable by the Consumer but yet to be invoiced, that have accrued prior to termination.
    10. Exclusion of Liability for Supply Interruption, Delays and Failure

The Consumer acknowledges that the Retailer has no control over the generation, transmission or distribution of electricity. Accordingly, no representation, warranty or obligation is made, given or assumed by the Retailer (whether under these Terms and Conditions, implied by law or otherwise) with respect to the Supply or transmission of electricity to the Consumer’s Premises and or any matter relating thereto, including the quantity, quality, stability, reliability or voltage of any Supply, save for the Solar Guarantee Provisions in Clause 4 below where applicable. In addition, the Retailer shall not be liable to the Consumer for any and all loss (including but not limited to any direct, indirect or consequential losses, economic loss, loss of profit, loss of reputation, loss of business and/or custom), liability, damages, costs, expense, charge, fine, penalty or assessment resulting from or arising out of any claim, including the costs and disbursements payable as a result of any action, lawsuit, proceeding, demand, assessment, judgment, settlement or compromise with respect thereto and any interest, punitive damages, fines and penalties as well as reasonable legal costs and disbursements incurred in connection therewith: (a) caused by or as a result of any defect, inconsistency, failure, delay or interruption in or of any reduction, surge or variation of the Supply and/or transmission of electricity, wherever and whenever occurring; (b) as a consequence of any act, default or neglect of any electrical worker elected and appointed by the Retailer to take charge of or operate any electrical installation; or (c) error or omission in reading or recording any reading of any meter by the Retailer’s servants or agents or any error or omission in any statement prepared and or sent to the Consumer or otherwise or any act default or neglect of any of the Retailer’s personnel during the Supply Duration. All warranties, representations or other undertakings implied at law, by custom or otherwise, are hereby excluded. Nothing in this Agreement shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud. Without prejudice to the generality of the foregoing, the total liability of the Retailer for any claims or losses howsoever arising here under shall not exceed the total fees actually received by the Retailer for any services other than the Supply (if applicable), or S$50,000, whichever is lower.

k. The Consumer acknowledges that it is necessary for the Retailer to collect, use or disclose certain Personal Data (defined below) of the Consumer and its employee, representative or authorized person (collectively “Representative”) in order to provide the services contemplated in this Agreement. By submitting to the Retailer the Personal Data of any of the Consumer or its Representative, the Consumer and the Representative consents to the collection, usage, disclosure, storage and processing of such Personal Data by the Retailer. “Personal Data” includes without limitation the Representative’s name, title, address, identification number, telephone number, and other contact details and personal details, as well as the relevant meter data for the Consumer’s Premises.

l.The Consumer and the Representative agree that the Retailer may, without prejudice to its rights at law, use the Personal Data for the following purposes:-

  1. the provision and improve of services contemplated in this Agreement, including internal and regulatory audits, billing for services, compiling information for analysis;
  2. conducting surveys, obtaining feedback, providing you with information, products or services from the Retailer;
  3. processing of the Consumer’s application or the entry or execution of this Agreement;
  4. to verify the details and/or information provided by the Consumer or the Representative in relation to the Consumer or the Representative.
    1. The Consumer agrees that the Retailer may share, make available or transfer the Personal Data to third parties fulfilling the above purposes on behalf of the Retailer. Such third parties include but are not limited to the Retailer’s holding company, the Retailer’s subsidiaries, related companies, agents and contractors.
    2. The Retailer has in place a Personal Data Protection Policy available at www.sunelectric.com.sg/privacy/. If you have any questions, comments or suggestions regarding your Personal Data, please contact our Data Protection Office at:

 

        Electricity Accounts Department, Client Relations Officer