(REV. SEP. ‘03)
NIGHTSAVE RURAL
ELECTRICITY SUPPLY AGREEMENT
The Parties to this Agreement are-
ESKOM HOLDINGS LIMITED (Reg No 2002/015527/06) a Company incorporated in terms of the
Company Laws of the Republic of South Africa (‘ESKOM’) herein represented by CLIVE ZWANE in
his/her/their capacity/capacities as REGIONAL PRICING MANAGER (SOUTHERN REGION)
-AND-
SENQU
MUNICIPALITY,
herein
represented
by
MR
MXOLISI
YAWA
in
his/her/their
capacity/capacities as MUNICIPAL MANAGER
1.
ESKOM agrees to supply to the CUSTOMER and the CUSTOMER agrees to take from ESKOM all the electricity
required by the CUSTOMER for its ‘electrical installation’ situated at MUNICIPALITY, TOWN OFFICE,
STERKSPRUIT, on the terms and conditions set out in this Agreement including the following annexures which
shall be deemed to be incorporated herein and form an indivisible part of this Agreement.
Annexure A
– Standard Conditions of Supply for Large Users
Annexure B
– Price List
2.
This Agreement is further subject to the provisions of the Electricity Act, 1987 (Act No 41 of 1987) (‘the Act’) and
the Rules and Regulations issued thereunder, and of ESKOM’s Distribution Licence and Schedule of Standard
Prices, as amended or re-enacted from time to time and any other applicable laws.
3.
The prices payable by the CUSTOMER for electricity supplied or made available under this Agreement, shall be
NIGHTSAVE RURAL prices as prescribed in Annexure B, and is subject to ESKOM’s right to adjust the prices it
charges for electricity supplied in accordance with the provisions of the Act and with the approval of the National
Electricity Regulator.
4.
The CUSTOMER shall pay to ESKOM in respect of the capital expenditure and costs incurred and/or to be
incurred by ESKOM in making this supply of electricity available to the CUSTOMER the following amounts:
4(a)
4(b)
4(c)
Capital expenditure: Connection fee /conversion fee
(i)
Standard Connection Charge
(ii)
Cash Payment
(iii)
Shared Network Charge
Security for electricity accounts
Irrecoverable Cost Guarantee (‘the ICG’)
R0.00
R438.60 + VAT@14% = R500.00
R0.00
R0.00
R0.00
R0.00
In the event of the supply to the installation being discontinued, the CUSTOMER shall pay to ESKOM a
contribution towards the irrecoverable expenditure and costs which ESKOM would incur should it be
necessary for ESKOM to dismantle its equipment on termination of the supply.
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As security for the due payment by the CUSTOMER of the said contribution, the CUSTOMER shall,
upon signature of this Agreement, deposit with ESKOM the amount of R0.00 (‘the ICG’) or furnish
ESKOM with a guarantee acceptable to ESKOM for the aforesaid amount, for payment on demand by
ESKOM of the said ‘ICG’ or the reduced amount thereof.
Subject to the CUSTOMER meeting its obligations under this Agreement, ‘the ICG’ shall be reduced for
and in respect of each completed year during which this Agreement remains in force from and including
the fourth year until and including the thirteenth year, calculated from the date electricity is first supplied
to the CUSTOMER in terms hereof, by 1/10th (one-tenth) of the ICG.
5.
The technical details of the electricity supply to the CUSTOMER at the date of signing this Agreement are as
follows:
Notified Maximum Demand
Supply type
Declared voltage
1500 kVA
THREE PHASE
22 000 VOLTS (TWENTY TWO THOUSAND VOLTS)
6.
The electricity supplied by ESKOM shall be delivered to the CUSTOMER at Point of Supply OBS48 via a 1500
kVA Transformer.
7.
This Agreement is further subject to the condition that in the event of the CUSTOMER requiring ESKOM to
provide an increased supply, such variation in the supply shall be subject to such terms and conditions as are
agreed between the Parties and confirmed in writing.
8.
The CUSTOMER shall [or has provided and shall continue for the duration of this Agreement] to provide and
maintain in good order and at its expense a site to be mutually agreed upon as accommodation for ESKOM’s
equipment.
9.
Neither Party hereto may cede and delegate any of its rights and obligations (including liabilities) under this
Agreement to any person without the written consent of the other.
10.
Notwithstanding the above, ESKOM may on written notice to the other Party cede and delegate its rights and
obligations under this Agreement to any of its subsidiaries or any of its present divisions as a result of the
restructuring of the Electricity Supply Industry (ESI) and the Electricity Distribution Industry (EDI).
11.
The CUSTOMER shall not supply any electricity taken from ESKOM under the electricity supply agreement to
any third Party without the written consent of ESKOM.
12.
For the purposes of this Agreement the CUSTOMER’s domicilium citandi et executandi shall be:
TOWN OFFICE
STERKSPRUIT
and ESKOM’s domicilium citandi et executandi shall be:
Megawatt Park
Maxwell Drive
Sunninghill Ext. 3
2199 SANDTON
This Agreement shall come into force on the date of signing hereof and shall remain in force subject to 3
(three) months’ written notice of termination by either party, provided that such notice may not be given
before a period of 60 (sixty) months, reckoned from the date when the supply is made available by
ESKOM in terms of this Agreement, has elapsed.
SIGNED BY CUSTOMER
SIGNED BY ESKOM
AS WITNESS:
AS WITNESS:
PLACE:
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DATE:
PLACE:
© ESKOM HOLDINGS LIMITED
DATE:
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