38A   Negotiated customer supply contracts

(1)  This section applies to arrangements for the supply of electricity by a retail supplier to the premises of retail customers, other than the supply of electricity under standard form customer supply contracts.

(2)  An arrangement to which this section applies (a negotiated customer supply contract) may contain such terms as the retail supplier and the customer agree, and the contract is enforceable accordingly.

(3)  A negotiated customer supply contract must comply with any conditions imposed on the retail supplier by its retail supplier’s licence, but is not unenforceable merely because of any failure to do so.

(4)  A negotiated customer supply contract must not be inconsistent with the provisions of this Act or the regulations, and is unenforceable to the extent of any such inconsistency, except as provided by subsections (3) and (5).

(5)  A negotiated customer supply contract with a small retail customer must comply with any requirements prescribed by the regulations for the purposes of this subsection, but is not unenforceable merely because of any failure to do so.

(6)  It is a condition of a retail supplier’s licence that any negotiated customer supply contract with a small retail customer must comply with any requirements prescribed for the purposes of subsection (5).