DISPUTE RESOLUTION PROCEDURE

COMPENSATION OF DAMAGES BY THE CONSUMER, WHICH IS NOT DOMESTIC, TO THE SUPPLIER IS MADE AS FOLLOWS AND IN THE FOLLOWING CASES:

1) if, according to the results of the settlement period, the actual volume (volume) of natural gas consumption purchased by the supplier under the natural gas supply contract is less than the confirmed volume of natural gas (provided that the confirmed volume corresponds to the amount ordered by the consumer), the supplier has the right to demand compensation from the consumer in the amount of no more than twice the accounting rate of the National Bank of Ukraine from the value of the unused volume of gas for the reporting period;

2) if, according to the results of the settlement period, the actual volume (volume) of natural gas supply to the consumer by its supplier will exceed the confirmed volume of natural gas for this period, the supplier has the right to demand compensation from the consumer for exceeding the volume of natural gas, which is calculated by the formula

С = (Va — Vc) x P x C,

where:

Va – volume of natural gas, which is actually delivered by the supplier to the consumer during the settlement period under the contract for the supply of natural gas;

Vc – confirmed volume of natural gas for the calculation period;

P – price of natural gas under the natural gas supply contract;

C – coefficient, which is determined by the supplier and cannot exceed 0.5.

At the same time, if the excess volume (volume) of natural gas was a consequence of the denial of access to the consumer’s facility, as a result of which the supplier did not seal the shut-off devices on the consumer’s gas appliances, or the GDM/GTS Operator did not limit (terminate) the distribution/transportation of natural gas to the consumer, or when the consumer did not limit (stop) the consumption of natural gas at the written request of the supplier, the coefficient may be increased in the supply contract to 1;

3) in case of denial of access to the consumer’s facility, as a result of which the representative of the supplier did not carry out a reconciliation of the actual volumes (volumes) of natural gas consumption, which caused damage to the supplier, the consumer shall compensate it with his own consent or on the basis of a court decision.

– In the supply contract between the supplier and the non-household consumer, a permissible amount of deviation from the confirmed volumes of natural gas may be established, within which the measures specified in clause 1 of this section are not carried out.

Based on the results of detected violations, the representative of the supplier draws up a claim act, which is drawn up taking into account the following requirements:

1. the form of the act of claim is arbitrary;
2. in the event of a violation specified in subparagraph 3 of paragraph 1 of this section, the act of claim is drawn up by representatives of the supplier after they present the relevant certificates in the presence of an authorized representative of the consumer (owner or tenant) and is sealed with their signatures. If the consumer refuses to sign the claim deed, this shall be noted in the claim deed. The deed of claim regarding the refusal of the consumer to access the territory of the consumer’s facility is considered valid if it is signed by the representative of the supplier and one disinterested person, subject to their identification, or three representatives of the supplier. If the consumer refuses to sign the claim deed, this is noted in both copies of the deed, and the second copy is sent to the consumer by registered email.

The act of claim, in which the grounds and the amount of the accrued damages are indicated, is made in two copies, one of which is sent (provided) to the consumer (with a delivery note), and the consumer is obliged to compensate the supplier for the losses incurred within twenty working days from the moment of its receipt. Or write a reasoned refusal of their full or partial reimbursement.
In the case of failure to respond within the prescribed period to the act of claim or failure to compensate for the damages caused, the supplier has the right to apply to the court.

Compensation for losses by the supplier to a non-household consumer is carried out in the following cases:

1. n case of the supply of gas to the consumer was stopped by the Operator of the GDM/GTS in fulfillment of an unlawful order of the supplier to stop the supply of gas to the consumer, the supplier shall compensate the consumer for the cost or volume of unreleased natural gas, which is calculated based on the confirmed volume of natural gas for the relevant period from taking into account the period of unjustified termination of gas supply, and the cost of work on termination and re-restoration of gas supply after its unjustified termination. In addition, if as a result of this damage is caused to the consumer or his property, the supplier shall compensate it in full;
2. In case of the supplier did not ensure the timely inclusion of the consumer in its own Register of consumers in the supply period agreed with the consumer (provided that the consumer did not violate the obligations under the natural gas supply contract), which led to the termination of the distribution/transportation of natural gas by the Operator GDM/GTS, the consumer has the right to demand from the supplier reimbursement of the cost or volume of unreleased natural gas, which is calculated based on the confirmed volume of natural gas determined by the natural gas supply contract for the relevant period, taking into account the period of gas supply termination and the cost of termination and re-restoration works supply of natural gas after its unjustified termination.

In addition, if material or moral damage is caused to the consumer or his property as a result, the supplier shall compensate it in accordance with the current legislation.

In order to initiate the procedure for compensation of damages, the household consumer draws up an act of claim in an arbitrary form, in which they indicate the grounds and the amount of the accrued damages, and sends it to the supplier by mail with a delivery note, and the supplier is obliged to reimburse no later than twenty working days from the moment of its receipt caused damages or write a reasoned refusal of their full or partial compensation.
Disputes between the consumer and the supplier are resolved through pre-trial dispute resolution in a transparent, fair and expeditious manner. The supplier is obliged to consider all complaints received from consumers and to report on the results of their consideration within one month.

In case of any disputes, please contact:

to the Company’s office (Kyiv, Zolotoustivska St., 2/4, office 7) from Monday to Friday from 9:00 a.m. to 6:00 p.m.

• or by phone: +380955238898
• or by mail to the address: 03189, Kyiv, str. Akademika Williamsa, bldg. 2b
• or by e-mail to: info@kenk.com.ua

The person responsible for considering complaints and settling disputes: director Dmytro Yakushev. In case of the supplier’s failure to respond within the prescribed period to the appeal or non-reimbursement of damages, the household consumer has the right to apply to the court.

In case of failure to reach an agreement between the consumer and the supplier, disputed issues are resolved in accordance with the procedure established by the current legislation, including in court.