ATCO Community Survey

ATCO, the owner and operator of the natural gas network in the Perth metropolitan and surrounding areas is investigating the feasibility of installing below ground natural gas infrastructure, in Falcon and Dawesville.

To make that decision, we need your help and feedback. We have put together a short survey* that we need local residents to complete.

Your response will help us assess the feasibility of bringing natural gas to Falcon and Dawesville.

FALCON AND DAWESVILLE SURVEY

If you do not live in Falcon or Dawesville, or already have natural gas available in your home, you do not need to complete this survey.

LPG

Electric

Other

Your details

* Any information you provide us with through the survey mechanism, will be collected in accordance with our Privacy Policy

Thanks for your participation in our community survey.

Please correct the form and resubmit.

BENEFITS OF GAS

Using gas will save you money

Gas is less than half the cost of electricity per c/kWh #

Gas is reliable

Join over 750,000 consumers in WA who enjoy the benefits of natural gas

Using gas reduces environmental impact

Natural gas is 70% less carbon intensive than grid supplied electricity #

#Source – Energy Networks Australia - Reliable and clean gas for Australian homes (October 2017).

3 EASY STEPS TO CONNECT

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Step 1

Click the CONNECT button below.

Step 2

Fill in and submit the online form.

Step 3

An ATCO representative will contact you in the next few days and supply you with further information, including a contract, and will help guide you through the next steps.

Terms and Conditions

1. Defined terms

In this document:
Agreement means the Contract Details together with these terms and conditions.
ATCO Distribution Licence means the gas distribution licence issued to ATCO by the Economic Regulation Authority of Western Australia.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday, bank holiday or public holiday in Western Australia.
Commencement Date means the date set out in item 5 of the Contract Details.
Contract Details means the details set out on the cover page and entitled 'Contract Details'.
Deliverables means the deliverables specified in item 6 of the Contract Details.
Delivery Date means the date(s) for provision of the Services and Deliverables as set out in item 8 of the Contract Details.
Delivery Premises means the premises for provision of the Services and Deliverables as set out in item 3 of the Contract Details
Distribution System has the same meaning given to that term in the ATCO Distribution Licence.
Gas Appliance means each item of equipment as set out in item 7 of the Contract Details.
Gas Service Connection means the residential gas delivery equipment, including the gas meter and pressure regulator and has the same meaning as “Standard Residential Delivery Facility” in the ATCO Distribution Licence.
Gas Retailer has the same meaning as “retail gas operator” in the Energy Coordination Act 1994 (WA).
Customer Gas Connection means the residential gas delivery equipment at the Delivery Premises, which takes gas from a Gas Service Connection to a Gas Appliance.
Goods means any goods, including the Gas Appliances and any user manuals, user guides, operations manuals and instructions provided by the Supplier, supplied or to be supplied by ATCO to the Customer.
GST has the meaning giving to it in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any statute, regulation, by-Law, ordinance or subordinate legislation in force from time to time, the common law and equity, and any industry codes of conduct, each to the extent applicable to a party’s performance of its obligations under this Agreement (and, in relation to ATCO, includes the ATCO Distribution Licence).
Personnel means the officers, employees, contractors (including subcontractors) and agents of a party.
Service Charges means the charges specified in item 9 of the Contract Details.
Services means:
(a) the services to be provided by ATCO as specified in item 4 of the Contract Details; and
(b) any services, functions and responsibilities that are incidental to, or required for the proper performance and provision of, the services specified in paragraph (a).
Supplier means the manufacturer or third party supplier of any of the Goods.
Term means the duration of this Agreement as determined in accordance with clause 4.

2. This is not a gas supply agreement

2.1 This Agreement is for the provision of the Services and does not involve a supply of gas.
2.2 The Customer acknowledges and agrees that it must:
(a) enter into a separate agreement for the supply of gas from a Gas Retailer and not from ATCO; and
(b) notify ATCO of the Gas Retailer referred to in paragraph 2.2(a) prior, and as a precondition, to ATCO connecting the Delivery Premises to the Distribution System.

3. ATCO’s basis for entering this Agreement

3.1 ATCO enters this Agreement with the Customer on the following conditions (each of which conditions ATCO may require compliance with or waive at its option):
(a) the Customer must be the registered proprietor of the Delivery Premises and warrants that if there are other registered proprietors that it has the consent and authority to enter this Agreement for and on behalf of each other registered proprietor.  The Customer must provide ATCO with evidence to ATCO’s reasonable satisfaction at its request of each person who is recorded as a registered proprietor of the Delivery Premises and ATCO may require each such person to be a party to this Agreement (as a Customer);
(b) the Customer has, by this Agreement, consented to the proposed location of the Deliverables at the Delivery Premises;
(c) the Customer has informed ATCO of any and all building restrictions or any building conditions applicable to the installation of any Deliverables and they are acceptable to ATCO;
(d) the Delivery Premises meets ATCO’s requirements for installation of all of the Deliverables other than the Gas Service Connection;
(e) ATCO has received all cost contributions, access to any property and any other entitlements it may have at Law in relation to the Gas Service Connection;
(f) the Customer has a binding agreement with a Gas Retailer for the supply of gas to the Delivery Premises and has notified ATCO of the same; and
(g) ATCO has received a request from a Gas Retailer to connect the Delivery Premises to the Distribution System.
3.2 Without affecting any continuing obligation the Customer has to satisfy any of the requirements set out in this clause 3, the Agreement will no longer be conditional on any of the requirements set out in this clause 3 on and from the date ATCO commences installation of the Gas Service Connection at the Delivery Premises.

4. Term

This Agreement begins on the Commencement Date and continues until the payment of all Service Charges and the completion of all of the Services in accordance with this Agreement.

5. General conditions to the installation of the Deliverables

ATCO will not be required to undertake the Services in this Agreement unless and until:
(a) the Customer has paid all Services Charges; and
(b) each of the conditions set out in clause 3 have either been met or complied with, as the case requires.

6. Delivery and installation

6.1 The Deliverables will be installed by Personnel of ATCO (the relevant ATCO Installer).
6.2 The ATCO Installer will:
(a) contact the Customer to arrange a time for installation after the commencement of the Delivery Date; and
(b) install the Deliverables at the locations at the Delivery Premises or in compliance with any Law.  
6.3 The Customer must provide each ATCO Installer with all reasonable access to the locations at the Delivery Premises and at the times and for the period required for installation.
6.4 ATCO will use reasonable efforts to meet the Delivery Date.

7. Subcontracting

ATCO may subcontract the Services (or any part of them).  ATCO remains responsible for all obligations, services and functions performed by any subcontractors to the same extent as if those obligations, services and functions were performed by ATCO.

8. Payment of Service Charges

The Customer must pay to ATCO the Service Charges in accordance with item 9 of the Contract Details and as a pre-condition to the provision of the Services.

9. Ownership and risk

9.1 Nothing in this Agreement operates to pass to the Customer or any other person the ownership of or any interest in the Gas Service Connection.
9.2 Title in the Deliverables passes to the Customer on full payment of the Service Charges to ATCO.
9.3 Risk in the Deliverables passes to the Customer on the earlier of delivery or installation in accordance with clause 6.

10. Warranties

10.1 ATCO warrants and represents throughout the Term that:
(a) it has the necessary experience, skill, knowledge and competence and all necessary rights, to perform the Services and to grant any licences granted or required to be granted under this Agreement;
(b) the Services and Deliverables provided under this Agreement will be fit for their intended purpose as described in this Agreement;
(c) the Deliverables will comply with the details set out at item 7 of the Contract Details; and
(d) it will perform the Services in accordance with all Laws.
10.2 The Customer will have the benefit of any Suppliers’ warranties with respect to the Deliverables on the same basis as if the Deliverables had been supplied directly to the Customer by the Supplier.
10.3 Other than as expressly set out in this Agreement, to the extent permitted by Law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from this Agreement.
If a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in this Agreement excludes, restricts or modifies the application of any provision, including the consumer guarantees, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits ATCO to limit its liability, then its liability is limited to:
(a) in the case of Services, the cost of supplying the Services again or payment of the cost of having the Services supplied again; and
(b) in the case of Goods, the cost of replacing the Goods, supplying equivalent Goods or having the Goods repaired, or payment of the cost of replacing the Goods, supplying equivalent Goods or having the Goods repaired.

11. Liability

11.1 Subject to clauses 11.2, 11.3 and 12.2, but despite any other provision of this Agreement, and to the maximum extent permitted by Law:
(a) subject to clause 11.1(b), ATCO’s total cumulative liability under or in any way connected with this Agreement or the provision of the Services is limited to the amounts paid by the Customer to ATCO as at the date of the claim;
(b) if, in the course of providing the Services, ATCO opens or breaks up any sealed or paved surface, or damages or disturbs any lawn, landscaping or other improvement at the Delivery Premises, ATCO will reinstate or make good, or pay compensation in respect of any damage to any such surface, lawn, landscaping or other improvement; and
(c) neither party is liable to the other party for any liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against it under or in any way connected with this Agreement or the provision of the Services.
11.2 This limitation and exclusion of liability applies whether such claim is made under statute, in tort (for negligence or otherwise), under an indemnity, in equity or otherwise, however, this clause does not limit a party’s liability to the other party:
(a) for death, personal injury or damage to tangible property (other than the Deliverables themselves); or
(b) for fraud or wilful breach of this Agreement.

12. Dispute resolution

12.1 The parties must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement by engaging in good faith negotiations.
12.2 Unless a party has complied with clause 13.1 that party may not commence court proceedings relating to any dispute under this Agreement, except where that party seeks urgent interlocutory relief.

13. Privacy

13.1 The Customer acknowledges that ATCO may collect, use, hold and disclose the Customer’s personal, credit related and confidential information where it is required under Law and in order to provide the Customer with the Services and Deliverables under this Agreement.  The Customer agrees that ATCO may disclose this information to:
(a) ATCO’s related companies;
(b) ATCO’s Personnel and other contractors of ATCO; and
(c) the Customer’s Gas Retailer,
for these purposes and more broadly in connection with this Agreement.
13.2 The Customer acknowledges that ATCO may collect this information from the Customer, but ATCO may also collect this information from third parties.
13.3 If Customer provides ATCO with personal information about another person, Customer must have first told that person that their information will be provided to ATCO and make them aware of the matters in this privacy statement (and ATCO will assume this has occurred).
13.4 ATCO’s detailed privacy policy is available at www.atcogas.com.au/Privacy.

14. Notices

14.1 A notice or other communication under or in connection with this Agreement (Notice) has no legal effect unless it is in writing and given either by hand delivery, prepaid post, email or facsimile transmission to the recipient's address for Notices specified in the Contract Details.
14.2 A Notice given in accordance with clause 14.1 is deemed given and received:
(a) if hand delivered, on delivery;
(b) if sent by prepaid post, on the third Business Day after posting;
(c) if sent by facsimile or email before 4.00pm on a Business Day, on that day, and
(d) if sent by facsimile or email at or after 4.00pm on a Business Day, or on a day that is not a Business Day, on the first Business Day after it is sent.

15. Force majeure

Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.  However, this clause does not apply to any of the Customer’s obligations to pay money for any Services and / or Deliverables.

16. General

16.1 If there is any inconsistency between the Contract Details and the terms and conditions, the Contract Details will take precedence to the extent of that inconsistency.
16.2 This Agreement may be altered only in writing signed by each party.
16.3 Customer must not assign any of its rights or purport to novate any of its obligations arising out of this Agreement to a third party without ATCO’s prior written consent.
16.4 ATCO may at any time, without needing to obtain the Customer’s consent, assign some, or all, of its rights and/or obligations under or in relation to this Agreement to any person provided that the person has the financial and technical ability to perform ATCO's obligations under this Agreement.
16.5 Any term by its nature intended to survive termination of this Agreement survives termination of this Agreement.
16.6 This Agreement may be executed in counterparts.  All executed counterparts constitute one document.
16.7 A provision or part of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions or parts of the provisions of this Agreement continue in force.
16.8 A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
16.9 Except where this Agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.
16.10 This Agreement is governed by the Law of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.
16.11 This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
16.12 In this Agreement:
(a) if a party consists of more than one person this Agreement binds them jointly and each of them severally;
(b) “including” and similar expressions are not words of limitation;
(c) headings are for convenience only and do not affect interpretation, or form part, of this Agreement;
(d) unless specified otherwise, if an act must be done on a specified day which is not a Business Day, the act must be done instead on the next Business Day; and
(e) a reference to:
(i) one gender includes each other gender;
(ii) the singular includes the plural and the plural includes the singular; and
(iii) a person includes a body corporate.

LORUM IPSUM  FINAL  CTA

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