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  1. A Customer with private electricity generation is allowed to use the energy generated by its own plant only in case of emergency and limited duration tests, except for specially authorized cases under the terms and conditions to be provided in the relevant supply contract.

  2. The Customer, when signing the electricity supply contract or later, upon installation, is obliged to inform the Company, in written, of the existence at the premises of its own means of generation.

  3. Except through written permission from the Company, attached as schedule to the relevant electricity supply contract including technical rules to be observed, a Customer who owns a private electricity generator is not allowed to operate its own plant in parallel with the public network.

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  1. Any fraudulent procedure susceptible to forge the reading of energy or the demand, namely the capture of electricity prior ("upstream") to the meter, tampering of meters or demand control devices, as well as alterations to safety devices performed through the breaking of the seal or lock, is considered a noncompliance of the electricity supply contract.

  2. Any fraudulent procedures detected within an installation that uses electricity located inside a residential unit or any other compound or location wherein the Customer has exclusive access or subjected to the control thereof, is considered, unless otherwise proven, imputable to the Customer.

  3. When suspicion of fraudulent procedure arises, the Company shall request the presence of two witnesses, duly credentialed by competent authorities, to confirm or deny the existence of fraud.

  4. When the existence of fraud is confirmed and imputable to the Customer, the Company reserves the right:
    1. To be reimbursed for the amount corresponding to energy illicitly consumed and of any expenses related to the elimination of the fraud, namely the repair or replacement of damaged equipment;
    2. To withhold supply until full payment is made of the amounts due according to the previous subparagraph.

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  1. The value of the energy illicitly consumed is computed by the Company, based on the highest tariff set for the subgroup contracted by the Customer, plus 25%, taking into account all the facts relevant to the computation of real consumption during the period wherein the fraudulent procedure took place, namely the characteristics of the installation, its schedule of operation, previous readings, if any, and posterior readings, if necessary.

  2. When there are no elements to allow an objective computation of energy illicitly consumed, the relevant value is computed using the following rules:
    1. Low-voltage customers:
      up to 19.8 kVA – 50-hour monthly usage of Pc
      from 33kVA to 66 kVA – 70-hour monthly usage of Pc
      from 99 kVA to 330 kVA – 100-hour monthly usage of Pc
      above 330 kVA – 200-hour monthly usage of Pc
    2. Medium-voltage Customers – 300-hour monthly usage of Pc.
      Whereof "Pc" is the demand subscribed by the Customer;

  3. Estimation performed in the terms of the previous paragraph comprises the period in relation thereto proof was presented wherein such irregular consumption was maintained or, if such evidence does not exist, a period of 36 months.

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  1. The Customer is granted the right to apply from the inspection entity :
    1. An inspection of the electric installation if convinced not to be the perpetrator of any fraud;
    2. An arbitration on the indemnity to be paid to the Customer for unreasonable termination or suspension of supply on the part of the Company;
    3. An arbitration over the amounts paid in consequence of the fraudulent behavior, when considered excessive.

  2. When, through the inspection referred to in subparagraph a) of the previous paragraph, it has been found that there was no fraud or the fraud is not imputable to the Customer, the Customer may demand from the Company the repair or replacement deemed necessary to restore the electric installation to its proper working condition and the immediate reconnection of electricity supply.

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  1. The Court of Law in the Macau Special Administrative Region will entertain jurisdiction over any disputes that may arise between the Customer and the Company.

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  1. The guarantee is given by the Customer in cash or any other means of payment on demand.

  2. When the electricity supply contracts involve subscribed demand higher than 330 kVA, the Customer may grant suretyship by means of a bank guarantee or insurance-guarantee, compliant with sample included under Schedule 2 hereof, wherefore charges in result thereof shall also run on the account of the Customer.

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  1. The amount of the guarantee corresponds to the cost of the energy consumed within a certain amount of hours of subscribed demand (kVA) usage, as follows:
    1. Up to 99 kVA ...…………...……….60 hours;
    2. From 99 kVA to 1600 ……………..120 hours;
    3. Above1600 …………………….…..160 hours.

  2. When computing the amount of the guarantee, the general tariff class A1 in force on the date of the guarantee shall be taken into account.

  3. In case of short-term temporary contracts, the guarantee shall be double that computed in the terms of the previous paragraphs.

  4. To the effect of the previous paragraph, any contract signed for less than a 45-day term is considered a short-term temporary contract.

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  1. When the requested alteration aims to increase the subscribed demand, the Company may constraint the efficacy of such contractual alteration to the reinforcement of the relevant guarantee, based on the general tariff class A1 subgroup tariff in effect on the date such reinforcement is made.

  2. When the requested alteration aims to decrease the subscribed kVA demand, the Company shall inform the Customer, as the case may be, that he may:
    1. Opt to receive the difference from the guarantee, in cash or in cheque, or clear the same against the payment of consumption and other charges to be included in subsequent bills;
    2. Choose to replace the guarantee provided under paragraph 1.2.

  3. Provided there is no increase to subscribed demand, no update of guarantee shall be required from Customers who change tariff rate or if, being signers of more than a contract for the same building, change the number of such contracts.

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  1. The lapse of a contract implies the obligation of the Company to reimburse the Customer of the amount equal to the guarantee, with deduction of any amount eventually due.

  2. When the guarantee is granted through any of the methods provided under paragraph 1.2 hereof and there is no amounts due, the lapse of the contract shall bind the Company to issue a document whereby it renounces to the guarantee.

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  1. For contracts signed after December 1st, 1999 and up to the evaluation of the concession, pursuant to Article 61, number 1 of the Concession Contract for exclusive generation, import, export, transmission, distribution and sale of electricity in the Macau Special Administrative Region, signed between the Macau Special Administrative Region and "Companhia de Electricidade de Macau – CEM, S.A.", the amount of the guarantee provided under clause 2 hereof shall be computed in the following manner:
    1. Up to 11 kVA: guarantee amount x 0.33;
    2. Above 11 kVA: guarantee amount x 0.50.


  2. If the guarantee computed in the terms of the previous paragraph, is less than the one deposited by Customers in contracts signed before December 1st, 1999, such Customers may request the Company the correspondent reduction of guarantee.

  3. The reduction hereinbefore referred to shall only be accepted when the difference is higher than MOP200, whereof the correspondent Customer's refund is compulsorily performed through clearing of credits.

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_____________________________a), with registered office in _____________________________ , hereby declares that they grant in favor of "Companhia de Electricidade de Macau –CEM, S.A., a _____________________________ b), up to the amount of _____________________________, to secure the payment of electricity supplied to the premises located in _____________________________ , under the contract signed with _____________________________ c).

Furthermore, declares that through the present guarantee the grantor hereof is obliged as main debtor, with express renouncement to exclusion benefit, wherefore he undertakes to pay on first demand from "Companhia de Electricidade de Macau" and without any other consideration, within five working days from the date of reception, all amounts due by the grantee.

The present guarantee is valid for a term of one year, whereupon it shall be successively and automatically renewed for equal terms, except if prior notice of termination is served by the grantor with a minimum notice of 30 days.

(Date and signature)

  1. Identification of the grantor, which shall be an authorized institution in operation at the Macau Special Administrative Region.
  2. Bank Guarantee or Insurance-guarantee
  3. Name or company of the grantee

 

 

Copyright © 2003 Companhia de Electricidade de Macau - CEM, S.A. All rights reserved. ESTRADA D. MARIA II, MACAU