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- 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.
- 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.
- 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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- 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.
- 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.
- 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.
- When the existence of fraud is confirmed and imputable to the
Customer, the Company reserves the right:
- 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;
- To withhold supply until full payment is made of the amounts
due according to the previous subparagraph.
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- 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.
- When there are no elements to allow an objective computation
of energy illicitly consumed, the relevant value is computed using
the following rules:
- 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
- Medium-voltage Customers 300-hour monthly usage of
Pc.
Whereof "Pc" is the demand subscribed by the Customer;
- 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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- The Customer is granted the right to apply from the inspection
entity :
- An inspection of the electric installation if convinced
not to be the perpetrator of any fraud;
- An arbitration on the indemnity to be paid to the Customer
for unreasonable termination or suspension of supply on the
part of the Company;
- An arbitration over the amounts paid in consequence of the
fraudulent behavior, when considered excessive.
- 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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- 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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- The guarantee is given by the Customer in cash or any other
means of payment on demand.
- 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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- 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:
- Up to 99 kVA ...
...
.60
hours;
- From 99 kVA to 1600
..120
hours;
- Above1600
.
..160
hours.
- 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.
- In case of short-term temporary contracts, the guarantee shall
be double that computed in the terms of the previous paragraphs.
- 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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- 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.
- 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:
- 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;
- Choose to replace the guarantee provided under paragraph
1.2.
- 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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- 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.
- 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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- 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:
- Up to 11 kVA: guarantee amount x 0.33;
- Above 11 kVA: guarantee amount x 0.50.
- 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.
- 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)
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- Identification of the grantor, which shall be an authorized
institution in operation at the Macau Special Administrative Region.
- Bank Guarantee or Insurance-guarantee
- Name or company of the grantee
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