1.2.1.Unless otherwise expressly indicated or the context otherwise requires, in these terms and conditions (including the recitals and the Appendix hereto):

• appendices hereto shall be read as part and parcel of these terms and conditions;
• any reference to any statute or statutory provision shall, save as otherwise expressed in these terms and conditions, be construed as a reference to that statute or provision as it is amended consolidated extended or re-enacted from time to time and any orders regulations instruments or other subsidiary legislation made from time to time under any statute provided that any such amendment consolidation extension or re-enactment does not have retrospective effect;
• reference to a party shall, where the context so admits, include its successors in title or representatives and assigns;
• the word “tax” shall be construed to include any tax, levy, imposed assessment, duty or other charge of a similar nature (including, without limitation, value added tax, stamp duty, excise duty, income tax, withholding tax, stamp duties, tariffs, fiscal charges and other dues or any similar tax-related charges or levies of whatsoever nature imposed, levied or assessed by any governmental authority in accordance with present or future laws and/or regulations in the Republic of Kenya and any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same) and “taxation” shall be construed accordingly;
• references to “writing” or “written” includes electronic mail;

1.2.3.The following policies, procedures and guidelines shall be read as part and parcel of these terms and conditions; for the avoidance of doubt, such policies, procedures and guidelines (as modified from time to time) shall be legally binding and enforceable with effect from the date of signing of these terms and conditions or the date of promulgation of such policies, procedures and guidelines (whichever is later):

• Electricity Guidelines;
• EPRA Tariff Policy;
• Complaint Handling Procedure;
• Such other policies, procedures and guidelines as may be promulgated by the provider pursuant to Clause 17.7 hereof.

1.2.4.In the event of any conflict between these terms and conditions and any ancillary documents, the applicable provisions shall be interpreted in the following order of priority:

• Constitution of Kenya;
• Applicable statutes and subsidiary legislation;
• Lawful directives of the EPRA, the County Government of Kiambu and any concerned government authority;
• The Kenya Electricity Grid Code;
• The Declaration;
• The policies, procedures and guidelines referred to in Clause 1.2.3 of these terms and conditions;
• These present terms and conditions;
• Any notices, lawful directives and correspondence issued by or on behalf of the provider in connection with supply of energy by the provider to the Property Owner.

3.3.These terms and conditions do not constitute a contract to sell the Provider’s equipment to the Property Owner or any End User. The Provider’s equipment and conduits for conveying electric power (including supply lines, meters, fittings, works and apparatus installed by or on behalf of the Provider up to the Property Owner’s metering panel) shall at all times remain the property of the Provider and accordingly:

• The Provider may repair, remove or replace any such equipment at any time;
• The Property Owner shall not have any proprietary interest in such equipment and shall not create, or cause or permit to be created, any right, title, interest or lien over the Provider’s equipment in favor of a third party;
• Such equipment shall not be subject to distress for rent due from the Property Owner or any End User or occupier of the Property, nor liable to be taken in execution under any insolvency or liquidation proceedings.

3.7.The Property Owner agrees and acknowledges that:

• The Provider’s equipment is not fault free. Energy output may be affected by factors outside the control of the Provider or the Subcontractor such as tampering, obstruction and malfunctions.
• The Provider’s equipment may from time to time require upgrading, modification, maintenance or other works that may result in storage or delivery of energy being restricted;

3.8.The Property Owner shall:

• Not use, nor permit the use of, the Provider’s equipment for any criminal or immoral purpose;
• Not do anything, permit or allow to exist any condition or circumstance that would damage or cause the Provider’s equipment not to operate as intended, or otherwise tamper with or interfere with the operation of the Provider’s equipment;
• Promptly inform the Provider in writing if any fault, malfunction or damage in the Provider’s equipment or its operation is observed, or if any part of the Provider’s equipment is stolen, or if there is a risk of occurrence of such fault, malfunction, damage or theft.

5.3.The Provider may at any time reject an application for connection, or discontinue installation and testing of electrical equipment, or refuse to commence supply of electricity to the Property – regardless of whether these terms and conditions have been signed by or on behalf of the Provider – if:

• Property Owner fails to abide by application process prescribed;
• Any information furnished is false or misleading;
• Property Owner fails to make good any undisputed payment;
• Failure to install solar water heating system if required under Energy (Solar Water Heating) Regulations, 2012;
• Failure to demonstrate compliance with energy conservation building codes;
• Failure to rectify defects notified by Provider;
• Building permit or certificate of occupation obtained irregularly;
• Property subject to demolition order by Kiambu County;
• Supply prohibited by law or court order.