7Limitation of liability of distributors—modifications

#### 7 Limitation of liability of distributors—modifications 7 Limitation of liability of distributors—modifications (cf 2013 reg cl 8) > > (1) In this clause, the approved distributor limitation of liability clause is a clause to the following effect— > > > (2) For the purposes of section 316A(3)(a) of the National Law— > > > > > (a) an agreement with a small customer varying or excluding the operation of section 316(1) of that Law is to be in or to the effect of the approved distributor limitation of liability clause, and > > > > > (b) a condition varying or excluding the operation of section 316(1) of that Law in a proposed standard connection contract prepared under section 75 of that Law is to be in or to the effect of the approved distributor limitation of liability clause. > > > (3) Rule 83 of the National Energy Retail Rules is taken to be modified to provide that a distributor may include an approved distributor limitation of liability clause in a negotiated connection contract with a small customer but must not include any other limitation of liability for breach of contract or negligence by the distributor in a negotiated connection contract with the small customer. > > > (4) Clause 8 of Schedule 2 to the National Energy Retail Rules is taken to be modified— > > > > > (a) to permit (as a permitted alteration to that clause) the inclusion in that clause of the approved distributor limitation of liability clause (with appropriate modifications to reflect the manner in which the distributor and the National Law are referred to), and > > > > > (b) if that clause is included, by inserting “(except as provided by this clause)” after “negligently” in clause 8(c). > > > (5) Nothing in this clause affects the operation of any determination that may be made under an energy ombudsman scheme established under section 96B of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).