Circuit breaker reimbursement terms and conditions

Commencement

1. This Agreement commences on the Commencement 3/04/2023

Eligibility for reimbursement

2. Subject to clauses 3 and 4, the Property Owner must procure an Electrical Contractor to attend the Property that is within the Area and carry out one of the Changeover Works listed in Table 1.

 

3. The existing main switch circuit breaker must have been installed during the Installation Period.
4. The Property Owner must make a claim for Reimbursement in accordance with clause 6 of this Agreement.
5. Western Power may, in its sole discretion and without further notice to the Property Owner, amend the Eligibility Requirements at any time by update on the Western Power website.

Reimbursement for Changeover Works

6. To make a claim for Reimbursement, the Property Owner must submit to Western Power by 23:59 AWST on 31 December 2023:

• 6.1. the tax invoice issued by the Electrical Contractor for the Changeover Works;
• 6.2. the electrical safety certificate from the Electrical Contractor issued by DMIRS;
• 6.3. photographs of the main switch circuit breaker before (if available) and after the Changeover Works with the meter number and serial number clearly visible;
• 6.4. BSB and account details of their nominated Australian bank account; and
• 6.5. any other information requested by Western Power (including original versions of any supporting documents) in the manner and within the timeframe requested by Western Power (Application).

7. Upon receipt of the Application by Western Power and subject to meeting the Eligibility Requirements, Western Power will pay Reimbursement to the Property Owner.
8. There is a maximum of one Reimbursement per eligible Property.
9. Western Power may, in its sole discretion and without further notice, cancel or withdraw this Reimbursement program at any time prior to payment.

   Responsibilities

10. The Property Owner remains responsible for the Electrical Installation at the Property. For the avoidance of doubt, this includes any future maintenance or replacement of the main switch circuit breaker.
11. The Property Owner acknowledges any defects regarding the materials or workmanship of the Works must be referred to the Electrical Contractor for repair or replacement.
12. The Property Owner is responsible for ensuring that the Australian bank account details provided to Western Power are correct.

Liability

13. To the extent permitted by law, Western Power will have no liability for any Loss or Claims suffered or incurred by the Property Owner arising from or in connection with the Changeover Works.
14. A Party has no liability to the other, nor is a Party entitled to make any Claim, in respect of any Indirect or Consequential Loss incurred or sustained by the other Party as a result of any act or omission of that Party or as a result of a breach of this Agreement by that Party.

Termination

15. Western Power may terminate this Agreement with immediate effect and without notice if it reasonably suspects that the Property Owner does not meet the Eligibility Requirements.
16. Upon termination, the amount of the Reimbursement will become a debt due and payable by the Property Owner to Western Power.

Acknowledgement

17. The Property Owner acknowledges and accepts that:

• 17.1. the Electrical Contractor is engaged by the Property Owner, not by Western Power;
• 17.2. the Property Owner has not relied on any statement by Western Power outside of this Agreement;
• 17.3. Western Power is not responsible for and will not reimburse the Property Owner for any additional works which may be required at the Property in order to enable the Changeover Works (including works at the Electrical Installation);
• 17.4. Western Power does not guarantee or make any representation that the Reimbursement will be paid to the Property Owner by a certain date;
• 17.5. nothing in this Agreement in any way alters or affects any rights that Western Power has under law, including under the Energy Operators (Powers) Act 1979 (WA); and
• 17.6. upon submitting a claim for Reimbursement, they have read and agree to this Agreement.

Relationship

18. Nothing in this Agreement creates a partnership, trust or agency between the parties or imposes any fiduciary duties on either party in relation to the other, unless expressly stated.

Governing law and jurisdiction

19. Each party irrevocably agrees and submits to the exclusive jurisdiction of the courts of Western Australia to resolve any proceedings in relation to a Dispute or Claim which may arise out of or in connection with this Agreement or its subject matter.

General

20. This Agreement contains the entire agreement between the parties and supersedes all previous agreements between the parties in respect of its subject matter.

Definitions

21. The following definitions apply to this Agreement, unless the context otherwise requires:

• Agreement means this agreement and any other documents expressly referred to.
• Area means the area within the South West Interconnected System listed in Table 1 of this Agreement.
• Changeover Works means the changeover works described in Table 1 of this Agreement.
• Claim means a demand, action or proceeding of any nature whether actual or threatened.
• Commencement Date means the date that the Property Owner accepts the terms and conditions of this Agreement by submitting a claim form on the Western Power website.
• Connection Point has the meaning given to that term under the Electricity Networks Access Code 2004 (WA).
• Dispute means a difference or dispute between the parties regarding the subject matter of this Agreement.
• Electrical Contractor has the meaning given to this term by the Electricity (Licensing) Regulations 1991 (WA).
• Electrical Installation has the meaning given to this term by the Electricity (Licensing) Regulations 1991 (WA).
• Eligibility Requirements means the requirements set out in clause 2 of this Agreement.
• GST means goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Indirect or Consequential Loss means loss of revenue, loss of profit, loss of business opportunity and payment of liquidated sums, penalties or damages under any agreement (other than this Agreement) but does not include damage or losses arising from claims by a Third Party in respect of property damage, personal injury or death.
• Installation Period means the period listed in Table 1 of this Agreement.
• Loss means any liability, fine, penalty, cost, expense, loss, personal injury (including illness), death or damage and, in relation to a Claim, includes amounts payable on the Claim and (whether or not the Claim is successful) legal costs and disbursements on an indemnity basis.
• Property means the property where the Connection Point is connected to the Western Power Network which is the subject of the Changeover Works, and any structures thereon.
• Property Owner means the registered proprietor of the Property.
• Reimbursement means payment by Western Power to the Property Owner for the invoiced cost of the Changeover Works up to a maximum amount of $250 (inclusive of GST) for each eligible Property.
• Rural Areas means the areas listed as the ‘Rural areas’ on the Western Power website as updated from time to time. Download a copy of the Rural ares suburb list.
• Third Party means a person not being Western Power or Western Power’s personnel.
• Western Power means Electricity Networks Corporation trading as Western Power.
• Western Power Network has the meaning given to this term by the Electricity Networks Access Code 2004 (WA).