All you need to know about joining Champion Energy™
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply electricity to your Property.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the electricity to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Champion Energy™ is the trading name of Farringdon Energy Limited a company registered in England and Wales. Our company registration number is 09256369 and our registered office is at Endeavour House 3rd Floor, Coopers End Road, Stansted, England, CM24 1SJ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0330 113 4779 or emailing email@example.com or by posting us at Endeavour House 3rd Floor, Coopers End Road, Stansted, England, CM24 1SJ
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your contract with us will start:
a) When you agree with us on the phone that we will supply you;
b) If applying online, when you click to agree that you accept these terms and conditions; or
c) when you start taking the supply (this is known as a deemed contract which will continue to apply until we or another supplier begins to supply you under a contract that you have signed, accepted on the phone or accepted online).
4. HOW TO CANCEL THE CONTRACT
4.1 To cancel, simply email us at firstname.lastname@example.org or phone us on 0330 113 4779 or write to us at Champion Energy, Endeavour House 3rd Floor, Coopers End Road, Stansted, England, CM24 1SJ with your agreement number, saying you would like to cancel.
5. WHEN WE START SUPPLYING YOUR ELECTRICITY
5.1 Champion Energy shall supply the Services to the Customer at the Property
5.2 We will usually start supplying your electricity within 7 working days from when you place your order; or
5.3 If our supply of electricity is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 Where Champion Energy is supplying electricity to the Customer, the Services will be delivered to each Connection Point by the Network Operator on behalf of Champion Energy. As such Champion Energy cannot guarantee the delivery of the Services. The Network Operator is responsible for maintaining the Network throughout the Term and the connection of the Property to the Network. The Network Operator may disconnect the supply of the Services in accordance with its legal rights to do so, and Champion Energy will not be responsible for any loss the Customer suffers as a result of this.
5.5 Responsibility for and ownership of the Energy will transfer to the Customer at the Connection Point. The Customer will be responsible for all losses which are incurred by the Customer after this point (including losses which have arisen as a result of damage or theft).
5.6 Champion Energy shall use all reasonable endeavours to meet any performance dates specified in Application Form and/or the Recorded Verbal Agreement or as agreed between the parties, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services and Champion Energy shall have no liability whatsoever for any loss the Customer suffers as a result of Champion Energy’s failure to meet performance dates.
5.7 Champion Energy warrants to the Customer that the Services will be provided using reasonable care and skill.
5.8 Champion Energy reserves the right to undertake a credit check in relation to the creditworthiness of the Customer throughout the duration of this Agreement.
5.9 The Customer warrants that:
(a) it, and the authorised representative who enters into this Agreement have the authority to enter into the Agreement;
(b) it is the owner or occupier of the Property (or will be on the Services Start Date) and has the necessary authority to change the supplier of the Services at the Property;
(c) the Property will be and will remain for the duration of the Agreement, connected to the Network to enable the provision of the Services at the Services Start Date;
(d) where the Services relate to gas, the Property will be connected to gas mains to enable the provision of the Services at the Services Start Date;
(e) the Property is wholly or mainly used for non-domestic purposes and that there are no Vulnerable Persons resident at the Property;
(f) there will be no other supplier providing the Services to the Property at the Services Start Date and throughout the supply of Services; and
(g) it will permit safe and unrestricted access to the Property, Meter and Equipment in accordance with the terms of this Agreement, and acknowledges that where such access is not permitted, Champion Energy reserves the right to obtain a legal warrant to gain such access to the Property and/or require the Customer to make alterations to the Property to ensure safe and unrestricted access to the Property, Meter and Equipment is granted (the cost of either shall be paid by the Customer).
5.10 The Customer shall:
(a) co-operate with Champion Energy in all matters relating to the Services (including compliance with laws, regulations and Industry Codes);
(b) provide Champion Energy, its employees, Agents, consultants and subcontractors, with access to the Property and other facilities as reasonably required by Champion Energy;
(c) permit Champion Energy or its Agents or representatives to take Meter readings as and when required;
(d) provide Champion Energy with such information and materials as Champion Energy may reasonably require to supply the Services, and ensure that such information is complete and accurate and up to date in all material respects, and not misleading;
(e) where the Services relate to electricity, enter into the NTC with the Network Operator to ensure that the Customer is connected to the Network at the Property;
(f) prepare the Property for the supply of the Services;
(g) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(h) comply with all applicable laws, including health and safety laws;
(i) pay all Charges in accordance with the Agreement;
(j) accept that the supply of Services may be disconnected in accordance with these Terms and Conditions;
(k) accept that Champion Energy is the only supplier of the Services to the Property, and not enter into a contract with any third party for the supply of Services to the Property during the Term;
(i) Champion Energy prior to making any changes to the Property that are likely to alter the Customer’s use of the Services (whether this be volume of use or time of use or changes to the supply of Energy);
(ii) Champion Energy in the event that the Property becomes, or is anticipated to become, used for domestic purposes or if there is, or may be, a Vulnerable Person resident at the Property;
(iii) Champion Energy, where Champion Energy is supplying electricity before the installation of any generating equipment at the Property and/or before the voltage at which the electricity is supplied is changed;
(iv) Champion Energy within 5 Business Days of Champion Energy ceasing to be the Responsible Supplier of a Meter Reading; and
(v) the appropriate third party (such as the emergency services) where the Customer is aware of anything relating to the Services which may cause danger, require urgent attention or may affect the security, availability or quality of the Services.
(m) maintain the Meter and Equipment in compliance with laws and regulations and Industry Codes;
(n) keep all materials, equipment, documents and other property of Champion Energy (Champion Energy Materials) at the Customer’s premises in safe custody at its own risk, maintain Champion Energy Materials in good condition until returned to Champion Energy, and not dispose of or use Champion Energy Materials other than in accordance with Champion Energy’s written instructions or authorisation;
(o) ensure that the Property remains connected to the Network at the relevant Connection Point, and to maintain and comply with all necessary agreements and consents for such connection;
(p) allow Champion Energy (where it is required) to install an Advanced Meter or a Smart Meter at a mutually convenient time, and within 3 months of Services Start Date. If installation of the Advanced Meter or Smart Meter is outside Normal Business Hours, then Champion Energy reserves the right to charge an additional fee for such installation;
(q) not interfere with the Meter and Equipment and will ensure it is not damaged;
(r) permit Champion Energy and/or any third party authorised by Champion Energy entry to the Property at all reasonable times in accordance with clause 7.1 of these Terms and Conditions. 5.11 Where the Customer does not comply with the obligations set out in clause 5.10 above, Champion Energy shall not be responsible for any loss suffered by the Customer. The Customer also agrees to indemnify Champion Energy for any loss it suffers as a result of the Customer’s non-compliance with the provisions set out in clause 5.10 above.
6. OUR TARIFFS
6.1 Rates Most Champion Energy™ tariffs are bespoke. See your Quote or Welcome Pack for details of your tariff including unit rates, standing charge, Climate Change Levy (CCL) and VAT.
7. CHARGES THAT ARE NOT IN OUR TARIFFS
7.1 We reserve the right to charge you for reasonable costs that are not included in our tariffs. These include costs arising from the following:
a) Trying to recover money you owe us;
b) Visiting your property when you haven’t kept an agreed appointment with us;
c) If you have interfered with your electricity meter;
7.2 We further reserve the right to request from you a Security Deposit. This will not be necessary in all cases but in some circumstances we may request the Security Deposit from you before we deal with the switching of your electricity from an existing supplier and/or before we start supplying electricity to you – in which case we will wait for the Security Deposit to be paid in full before you become a customer and we will notify you of this.
7.3 The Security Deposit may be used by us to recover sums from you in the event of late or non-payment.
7.4 If we do require you to pay a Security Deposit then please note:
a) the monies will only be used where set out in clause 7.3;
b) if the start of your electricity supply is delayed because you have not paid the Security Deposit in full then we shall not be responsible for any charges that you have to pay to your existing supplier;
c) the amount of the Security Deposit wil depend on your own circumstances and the anticipated amount of your payments for electricity; and
d) during the time of your contract with us the Security Deposit amount may fluctuate, depending on any credit assessment about you or a review by us of your payment history.
8.1 We accept payment by BACS transfer, Direct Debit or card (Visa or Mastercard).
8.2 Unless otherwise agreed, the Customer shall be required prior to the Services Start Date to set up a Direct Debit in favour of Champion Energy in relation to the payment of the Charges and, where applicable, any Ancillary Charges.
8.3 Where an Advanced Payment is required then:
(a) The Customer must pay the Advance Payment and Champion Energy shall collect the Advance Payment 30 days prior to the Target Commencement date.
(b) If the Advance Payment has not been received 14 (fourteen) calendar days prior to the Target Commencement Date:
(i) without limiting or affecting any other right or remedy available to it, Champion Energy (at its sole discretion) shall have the right to discontinue its application to be the Responsible Supplier for the Customer and, provided that Champion Energy is not the Responsible Supplier on the Target Commencement Date, the Agreement will automatically terminate.
(ii) Champion Energy shall have no further obligation to the Customer and shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly as a result of the Agreement terminating on the basis of this clause 10.5.
8.4 Where there is a Payment Plan in place, Champion Energy will collect payments as agreed between the parties.
8.5 Where there is no Payment Plan in place, Champion Energy will collect payments of Charges and Ancillary Charges on a date selected by Champion Energy. Champion Energy will give the Customer a minimum of 7 days’ notice of such collections.
8.6 Where a Payment Plan applies, Champion Energy (acting reasonably) reserves the right to:
(a) amend the sum collected under the Payment Plan to reflect the usage, by providing at least seven days’ notice; or
(b) request an additional payment, payment of which is due upon receipt of such request (Catch Up Payment).
8.7 An Additional Invoice is payable immediately from the receipt of the Additional Invoice.
8.8 The Customer may not withhold payment of the Charges, Ancillary Charges or Catch Up Payment, because they are based on Estimates or because the Customer has appointed a third-party agent to provide bill processing or validation services.
8.9 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.10 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8.11 Where the Customer cancels its Direct Debit instruction, or a Direct Debit payment is returned unpaid, or no Direct Debit is in place Champion Energy reserves the right to charge an administration fee and/or collect payment by other means.
8.12 Where an Invoice becomes Overdue, Champion Energy reserves the right to:
(a) accept payment of any outstanding Invoice by other means;
(b) charge an administration fee for processing the payment;
(c) require the Customer to pay interest on the Overdue sum from the due date until payment of the Overdue sum, whether before or after judgment. Interest under this clause 10.12(c) will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%;
(d) pass information in relation to the Customer (which may include Personal Data) to a credit reference agency and/or debt collection agency;
(e) remove any special offers, rates or discounts that apply to the Services (and this may result in a change in the Customer’s Appropriate Tariff);
(f) transfer the Customer to the Pre-Payment Service;
(g) recover reasonable expenses incurred in recovering payment of the outstanding Invoices, including costs associated with disconnection or replacement of a Meter, and any other third party costs Champion Energy incurs, including costs from a third party debt recovery agency, legal costs and expenses;
(h) change the Appropriate Tariff to a Variable Tariff;
(i) disconnect, cut-off, de-energise, restrict or suspend (either remotely or by accessing the Property), the supply of Services;
(j) require the Customer to pay the Charges in advance based on an Estimate;
(k) terminate the Agreement.
8.13 If following receipt of an Invoice or Catch Up Payment request the Customer (acting reasonably and in good faith) provides Champion Energy with notice that there is a dispute (for the avoidance of doubt, the Invoice being based on an Estimate will not be considered to be grounds for a reasonable dispute) in relation to the Invoice or the Catch Up Payment request the Customer shall where the dispute relates to part of an Invoice or Catch Up Payment Request, pay the undisputed part of the Invoice or Catch Up Payment (together with any other undisputed outstanding Invoices or Catch Up Payments) in accordance with these Terms and Conditions.
8.14 Subject to clause 10.15 all amounts due by the Customer under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.15 Champion Energy reserves the right to set off any credit due to the Customer under this Agreement against any amounts the Customer owes to Champion Energy under this Agreement (or in any other account the Customer has with Champion Energy).
Suspension of Services
8.16 Without affecting any other right or remedy available to it, Champion Energy may disconnect, cut-off, de-energise, restrict, suspend or permanently cease (either remotely or by accessing the Property), the supply of Services under the Agreement or any other agreement between the Customer and Champion Energy if:
(a) the Customer fails to pay any amount due under the Agreement on the due date for payment;
(b) the Customer becomes subject to any of the events listed in Termination clauses, or Champion Energy reasonably believes that the Customer is about to become subject to any of them;
(c) the Customer fails to adhere to the payment terms set out in clause 10;
(d) the Customer fails to pay the Security Deposit (or any replenishment of the Security Deposit);
(e) the terms of this Agreement are breached by the Customer;
(f) the Equipment and/or Meter have been disconnected;
(g) Champion Energy is required by law or regulation to cease providing the Services;
(h) Champion Energy believes that the Energy intended to be supplied has been stolen or redirected;
(i) Champion Energy believes there has been an interference with the Network or Meter;
(j) OFGEM, the Gas Transporter or the Network Operator requests that Champion Energy ceases providing the Services;
(k) there is a risk of danger to the public or damage to property where the supply of the Services continues;
(l) Champion Energy has terminated the Agreement but continues to be the Responsible Supplier.
8.17 Where the Services are to be disconnected, restricted or suspended in accordance with clause 8.16:
(a) Champion Energy shall not be held responsible for any loss the Customer suffers as a result of such disconnection, restriction or suspension, and the obligations on the Customer as set out in this Agreement continue to apply; and
(b) the Customer shall permit Champion Energy or its Agent, sub-contractor, representative or any third party duly authorised to act on behalf of Champion Energy, free and uninterrupted access to the Property, the Meter and all Equipment upon reasonable notice to disconnect (and where appropriate re-connect) the supply of Services. Where the Property, Meter and Equipment are not accessible, the Customer agrees to pay all necessary costs to ensure that the Property, Meter and Equipment are accessible.
8.19 The Customer shall be responsible for all costs associated with the re-connection and commencement of the Services following a disconnection or suspension of the Services.
8.20 On suspension of services Champion Energy reserves the right to appoint a third-party debt collection agency who will be responsible for suspending services and collected all outstanding debt including any charges incurred from appointing the third-party debt collection agency.
8.21 Champion Energy retains the right to transfer customer data to their chosen third-party debt collection agency.
9. METER AND METER READINGS
9.1 The Customer shall ensure Champion Energy, its representatives, Agents, subcontractors and the Gas Transporter and the Network Operator are permitted safe, full and free access to the Property, the Meter and the Equipment at all reasonable times for the purpose of reading the Meter, inspecting, installing, maintaining, replacing, testing, disconnecting or removing the Meter and/or the Equipment in connection with the obligations under this Agreement.
9.2 Where the access required in accordance with clause 7.1 is restricted, the Customer will be required (at their own expense) to ensure that any restrictions are removed and safe, full and free access to the Property, Meter and Equipment is granted. Champion Energy also reserves the right to charge the Customer an administration charge as set out in the Ancillary Charges Schedule for failure to permit Champion Energy, its representatives, Agents subcontractors or any third party authorised by Champion Energy access to the Property or for failing to permit Champion Energy to install a new Meter to the Property (whether this be as a result of failing to answer calls or otherwise).
9.3 Where Champion Energy or its representatives, Agents or sub-contractors fail to arrive at the Property on an agreed date to install, monitor, remove or replace a Meter or any Equipment, the maximum liability to the Customer will be limited to £30.
9.4 Where the Equipment and/or Meter is to be removed, Champion Energy shall provide the Customer with notice of such intention in accordance with its obligations under law.
9.5 The Meter installed will be the Property of Champion Energy or a third party. The Customer will not own the Meter and cannot object to the transfer of the Meter or its replacement.
9.6 Unless your property already has a meter that has been approved by the National Measurement Office, you confirm that we can make arrangements to provide your property with a meter.
9.7 You must inform us straight away if you meter is damaged, or if there is a fault.
9.8 Some meter readings can be done remotely without coming to your property; if however a meter reading cannot be obtained remotely, we can ask you for a meter reading.
9.9 If you don’t give us a meter reading, you agree to allow us to read your meter. We can ask you to pay reasonable charges if we have to read your meter.
9.10 If you don’t give us a meter reading and we cannot take one, we will estimate your meter reading.
9.11 The Customer consents to Champion Energy obtaining, storing and using consumption data from the Meter. Champion Energy will only use this information for the purpose of settlement, forecasting, identifying energy efficiency savings and products, and monitoring potential energy theft.
9.12 Where the Meter has the required capabilities, Champion Energy reserves the right to record the Customer’s usage of the Services (where the Services relate to the supply of electricity) on a 30 minute basis throughout the duration of the Agreement.
10. STOPPING YOUR SUPPLY
10.1 Prior to the commencement of the contract, Champion Energy reserves the right to terminate the agreement for the following reasons:
(a) the Customer is an occupier of the Property, and the Customer has not provided a suitable consent from the Landlord (Landlord Consent), agreeing to Champion Energy becoming a supplier of the Services to the Property;
(b) the previous supplier objects to Champion Energy’s registration as the supply of Energy and Champion Energy is unable to provide the Services;
(c) the Customer fails any credit check undertaken by Champion Energy;
(d) there is a change beyond the control of Champion Energy which has an impact of Champion Energy’s business costs (including but not limited to the wholesale cost of Energy, the Pass-Through Costs, meter operation and reading costs, transmission and Network costs, usage or capacity related charges from the Network Operator or gas supplier or changes in tax and duties);
(e) it is not commercially viable (which shall be determined in at Champion Energy’s sole discretion) for Champion Energy to provide the Services; or
(f) Champion Energy is no longer able to provide the Services due to a change of law, regulation or industry practice.
10.1 After the start of the contract, We can refuse to supply you with electricity for the following reasons:
(a) an Invoice becomes Overdue;
(b) the Customer fails to adhere to the payment terms set out in clause 10;
(c) the Customer fails to pay the Security Deposit (or any replenishment of the Security Deposit);
(d) there is a change of control of the Customer;
(e) the Customer ceases to be the owner or occupier of the Property;
(f) a third party (not authorised by Champion Energy) supplies the Services to the Property;
(g) Champion Energy has ceased supply of the Services in accordance with clause 14;
(h) it becomes unlawful for Champion Energy to comply with any material provision of the Agreement;
(i) the Customer is an occupier of the Property and the Landlord Consent is withdrawn;
(j) the Customer fails to adhere to the provisions of either clause 7.1 and/or clause 7.2;
(k) Champion Energy supplies gas and the Property requires daily meter readings.
(l) the Customer takes any step or action in connection with it entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by contract of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(m) the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(n) the Customer’s financial position deteriorates to such an extent that in Champion Energy’s opinion the Customer capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
15.4 Without affecting any other right or remedy available, from the Services Start Date, the Customer shall be entitled to terminate this Agreement:
(a) where the Agreement is a Fixed Term Agreement, during the Fixed Term Agreement (or any Extended Term) by providing at least 30 days’ notice in writing ending no earlier than the Fixed Term End Date;
(b) where the Agreement is a Fixed Term Agreement, and is subject to a Price Review, in accordance with clause 19.5.
(c) where the Agreement is a Rolling Agreement, by providing 30 days’ notice in writing;
(d) where Champion Energy changes the Charges in accordance with clause 9.2, by providing 30 days’ notice in writing;
(e) where the Agreement is a Deemed Contract, for any reason by providing notice in writing.
11. CHANGING THE CONTRACT
11.1 We can make changes to this contract or our prices at any time.
11.2 If we make a change to this contract or we raise your prices, we will let you know at least 30 days before the change happens.
11.3 If you do not accept any changes that we make to this contract, you may end this agreement and change supplier. The changes we make will not apply to you as long as:
a) no later than 20 working days after (but not including) the date on which the change to the terms of this contract takes effect we have received notification that another supplier will begin to supply your business within a reasonable period of time and the supplier does so; or
b) you have entered into a new contract with us which comes into effect no later than 20 working days after (but not including) the date on which the change to the contract takes effect.
12. WHEN YOU CAN END THIS CONTRACT
12.1 If you are moving out of the premises, you need to tell us at least 30 days before you move. If you do that, your contract will end on the date you move out of the premises.
12.2 After the Contract Renewal Date, you can end this contract as long as you don’t owe us any money.
12.3 You can end this contract at any time if you don’t need an electricity supply anymore.
13. WHEN WE CAN END THIS CONTRACT
13.1 We can end this contract at any time by giving you at least 28 days notice;
13.2 We can end this contract immediately if:
a) You commit a material breach of this agreement;
b) We lose our license to supply your property; or
c) Ofgem tells another company to supply your electricity;
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 Nothing in this contract shall limit or exclude Champion Energy’s liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) any other liability which cannot be limited or excluded by applicable law; or
(d) any other liability which cannot be excluded by law.
14.2 Subject to clause 14.1, Champion Energy shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
(a) loss of profits; (b) loss of sales or business (including business opportunity); (c) loss of agreements or Agreements; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of or damage to goodwill; and (g) any indirect or consequential loss.
14.3 Subject to clause 14.1 and 14.2, Champion Energy’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to 100% of the total Charges paid by the Customer and received in cleared funds by Champion Energy in the 12 month period prior to the date the liability arose.
14.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
14.5 Champion Energy shall not be responsible for any loss or damage due to the Customer (or a third party not approved by Champion Energy) tampering with the Meter and/or Equipment. The Customer shall indemnify Champion Energy for any loss it suffers as result of the Customer (or a third party not approved by Champion Energy) tampering with the Meter and/or Equipment.
14.6 Champion Energy shall not be responsible for any loss or damage the Customer suffers as a result of an act or omission (including but not limited to interrupted, delayed or reduced supply) by the Network Operator or the Gas Transporter.
14.7 Champion Energy shall not be responsible for any for any loss or damage the Customer suffers as a result of an act or omission (including but not limited to interrupted, delayed or reduce supply) caused by events outside the control of Champion Energy (including but not limited to power outages).
14.8 The Customer shall indemnify Champion Energy for any loss or damage it suffers as a result of the Customer’s failure to adhere to the terms of this Agreement.
14.9 This clause §14 shall survive termination of the Agreement.
14.10 Our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract shall be limited to £100.
15. ASSIGNMENT AND OTHER DEALINGS.
15.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract.
15.2 You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the contract.
16. ENTIRE AGREEMENT.
16.1 This contract constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the supply of electricity to you.
16.2 Nothing in this clause shall limit or exclude any liability for fraud.
17.1 A waiver of any right or remedy under this contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by either of us to exercise any right or remedy provided under this contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
19. THIRD PARTY RIGHTS.
19.1 Unless it expressly states otherwise, this contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
19.2 The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.
20. GOVERNING LAW.
20.1 This contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
21.1 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.