92Creation of standard customer contracts

92 Creation of standard customer contracts (1) The terms on which a utility may provide a utility service to a person are— (a) to the extent that the service is provided under a negotiated customer contract—the terms of the contract; or

Standard customer contracts Division 6.2 (b) in any other case—the terms of the standard customer contract for the provision of the service by the utility that apply— (i) when the person applies to the utility for the service on those terms; or (ii) when the service is provided by the utility to the person in the absence of an application by the person. (2) Where subsection (1) (b) applies, the terms of the standard customer contract constitute an enforceable contract between the utility and the person for the provision of the service. (3) A standard customer contract— (a) has no effect in relation to anything occurring before it comes into operation; and (b) is subject to any variation under section 93; and (c) is unenforceable by the relevant utility to the extent (if any) to which it does not comply with the requirements set out in section 89 (2) (a) and (b).