Terms and Conditions

Article 1: Description 

1. For the purposes of these terms, the following shall be understood by: 
2. Distribution network: overhead or underground wires, through which the electricity is transferred to the connecting wires. 
3. High-voltage grid: overhead or underground wires, through which the electricity is transferred under high voltage. 
4. Low-voltage grid: overhead or underground wires, through which the electricity is transferred under low voltage. 
5. Phase conductor: one of the conductors, which has a voltage in relation to another conductor not connected to the same phase and against earth, when in normal operation. 
6. Neutral conductor: one of the conductors, which has no or only little voltage against earth, when in normal operation. 
7. Connection: connecting wire with the connecting devices connected to it, by which respectively through which the electricity is supplied to the consumer. 
8. Connecting wire: wire with fittings from the distribution network to the connecting devices. 
9. Connecting devices: protection, measuring, and other devices, including transformers, converters, and rectifiers, which constitute the connection between connecting wire and installation. 
10. Measuring device: device, in circumstances the composition of devices, which records the quantity of electricity supplied and/or the electrical power consumed, or limits the electrical power provided. 
11. Installation: electrical wiring with fittings, as well as the lighting connected to it, and the electrical machinery and devices behind the connection. 
12. Installation regulations: regulations, laid down by the Government in consultation with the Electricity Company, the installations have to comply with. 
13. Electricity Company: N.V. Electriciteit-Maatschappij "Aruba". 
14. Management: management of the N.V. Electriciteit-Maatschappij "Aruba". 
15. Applicant: natural person or legal entity who applies for connection of an installation with the Electricity Company. 
16. Consumer: natural person or legal entity who concludes an agreement for the consumption of electricity with the Electricity Company. 
17. Parcel: land with or without structures. 
18. License: electricity license granted to the N.V. Electriciteit-Maatschappij "Aruba" by the Government of Aruba. 
19. Consumption period: period of approximately 30 days between two meter readings.

Article 2: System of electricity supply 

1. The Electricity Company shall supply electricity with a frequency of 60 periods per second. 
2. The electricity shall be supplied with a low voltage of approximately 220 V between the phase conductors among themselves, and approximately 127 V or approximately 110 V between a phase conductor and the neutral conductor. 
3. In case of direct connection to the high-voltage grid, the electricity shall be supplied with a voltage of approximately 12,000 V between the phase conductors among themselves, which voltage may be altered for the whole high-voltage grid or a part thereof by the Electricity Company.

Article 3: Applications 

1. An application for connection of an installation shall be made by filling out and signing a form for that purpose, which can be obtained at the office of the Electricity Company free of charge. 
2. Stamp duty, if due, shall be for applicant's account. 
3. This form shall also contain a statement by the owner of the parcel on which the installation to be connected is located or his attorney, in which he grants the Electricity Company permission to apply, have, repair, alter, and remove the connection in whole or in part, as well as to cut back trees and vegetation on or above this parcel, which may constitute a risk, damage or nuisance for the connection. 
4. The person who wishes to take over an existing agreement for the supply of electricity with the consent of the consumer concerned, is also obligated to submit an application for connection fully filled out and signed. By signing the prescribed form, the new consumer apart from the former consumer, shall remain liable for all outstanding debts of the former consumer to the Electricity Company for consumption not yet paid and/or damage caused. 
5. The form shall be kept at the office of the Electricity Company and may be inspected there by or on behalf of Consumer. 
6. If so desired, he can be given a copy free of charge. 
7. The agreement for the supply of electricity shall be deemed to have been concluded as of the day on which the Electricity Company has received the form signed by the applicant, and by the owner or his attorney. 
8. By concluding the agreement, Consumer shall adhere to the provisions of the license, in as far as applicable to him, to the provisions of these connection terms, and to the alterations to be made in them, as well as to the prevailing rates, and the alterations to be made in them, and to the installation regulations. In addition, he shall also authorize the personnel of the Electricity Company to enter the parcel on which the installation to be connected or connected is located as far as, and as often as this is desirable in the opinion of the Electricity Company with a view to the supply of electricity to him or others. 
9. However, he may demand that this personnel produces an ID issued by the management.

Article 4: Sale of electricity to third parties 

Consumer is prohibited to sell or provide the electricity supplied to him in whatever form or by whatever name to third parties, except with the approval of the Electricity Company, and on the terms to be stipulated by the Electricity Company.

Article 5: Connection 

1. An installation shall only be connected to the distribution network when it meets the installation regulations. As soon as it appears to the Electricity Company that the installation no longer meets the installation regulations, it may immediately suspend the supply of electricity until the installation has been brought up to installation standards. 
2. The Electricity Company can never be held liable for the condition an installation is in, nor for the consequences hereof. 
3. The method of connecting, the place of the connecting wire, and that of the connecting devices, shall be determined by the Electricity Company in consultation with the owner. Separate connection of more structures located on one and the same parcel is not allowed. Applications for connection of installations through more than one measuring device per structure shall be at the sole discretion of the Electricity Company, and may be refused. 
4. Without prejudice to the provisions in the terms of the license, the connection shall be made by or on behalf of the Electricity Company no later than five workdays after receipt of the application, if:
   • a) the consumer complies with the formalities stipulated by the Electricity Company;
   • b) the installation to be connected is at a road along which a distribution network of adequate capacity, through which the electricity is transferred under the voltage to be supplied to Consumer, is already present;
   • c) the provision in the installation regulations mentioned in paragraph 1 on the inspection of the installation has been complied with;
   • d) when concluding the agreement for the supply of electricity, Consumer pays an amount equal to the price of the electricity consumption in respect of a consumption period estimated by the Electricity Company, in conformity with the provision in article 5, paragraph 1 of the license terms, against a receipt. The amount shall serve as security for Consumer's compliance with his financial obligations towards the Electricity Company. If the amount appears not to be sufficient or was used in whole or in part, Consumer is obligated to supplement this amount, within four days after summons, to an amount equal to the price of the electricity consumption in respect of a consumption period then estimated by the Electricity Company.

   The amount shall be kept by the Electricity Company; payment of interest shall not take place.

   After the termination of the agreement for the supply of electricity, the amount shall be paid back to Consumer against return of the receipt, except for the setoff of claims the Electricity Company might have on him as yet.

   If the amount or the remainder hereof is not claimed within a year after the termination of the agreement for the supply of electricity, it shall fall to the Electricity Company.

   A copy of a receipt issued for said amount, shall only be provided once.
    

5. Consumer shall take care of the area required and meet the objective to the satisfaction of the Electricity Company at his expense and risk and on a continuous basis; of fences to make and keep the connection on the parcel of Consumer, and, if the Electricity Company so wishes to parcels of third parties. In deviation of what is laid down in paragraphs 6 and 8 of article 1, transformers, converters, and rectifiers are not included in the connection mentioned in this paragraph, unless the presence of one of these devices in the room meant in this paragraph deems necessary in the opinion of the Electricity Company regarding the electrical power needed by Consumer - usually more than 10 kVA -, and the nature of the electricity to be supplied to him. 
6. The Electricity Company shall have the right to supply electricity to neighboring Consumers from a connection as well. 
7. If extension of the wire grids is necessary for the connection of an installation, the provisions in articles 3 and 4 of the license shall be applicable. Consumer may inspect the provisions to this effect in the license at the office of the Electricity Company in Aruba. 
8. The connection may be refused if it is desired for temporary purposes, such as illumination, lighting of tents, etc. and in case it has to serve as reserve for and/or supplementation of an installation for the generation of electricity. 
9. Consumer shall see to it that the power factor will not be less than:
   • a) 0.9 if the electricity is supplied in accordance with the rates A, B, C, and AC.;
   • b) 0.85 if the electricity is supplied in accordance with rate D.;

   It being understood that, if the power factor is less than 0.9, respectively 0.85, the Electricity Company may charge a compensation, laid down in the General Provisions , without prejudice to the right of the Electricity Company to demand from Consumer improvement of the power factor up to aforementioned values.

10. The connection is and shall remain the property of the Electricity Company.

Article 6: Maintenance and the like of connections 

1. The maintenance of the connection, as well as work on it, and alterations in it, shall be done exclusively by or on behalf of the Electricity Company. The costs hereof shall be for the Electricity Company's account, except in the cases mentioned in paragraphs 2 and 3. 
2. Damage to the connection which is caused through Consumer's fault, negligence, or carelessness shall be repaired at his expense. 
3. Without prejudice to the provision in article 8, paragraph 2, alteration of the connection shall take place at Consumer's request at his expense. 
4. Consumer shall be liable for the damage which is, in the opinion of the Electricity Company, a consequence of damaging the seals, and/or of the disconnections from the connecting devices by others than the Electricity Company.

Article 7: Fixation of the amount due 

1. The amount Consumer owes the Electricity Company shall be fixed in accordance with the rates laid down, based on the indications of the measuring device, unless the Electricity Company agrees otherwise with Consumer. 
2. Reading the indication(s) of the measuring device by the Electricity Company shall take place once per calendar month as a rule, but may also take place several times. 
3. If it appears that one or more seals and/or disconnection from the connecting devices were damaged, or that the indication(s) of the measuring device was (were) affected in some way or another, or that any additional connection was made to the connection without the Electricity Company's prior knowledge, the Electricity Company may claim from Consumer a compensation up to an amount, calculated in accordance with a consumption of the total nominal power of the legally and illegally connected installation during 720 hours a month in respect of the duration of the irregularity found, as presumed by the Electricity Company, without prejudice to its right to compensation of other damage, including the expenses of examination, repair, and replacement of the measuring device, and irrespective of any criminal prosecution of Consumer.

Article 8: Inspection of measuring devices on request 

1. At Consumer's written request, the measuring device present in the connection made for his benefit shall be examined, and, if necessary, replaced by the Electricity Company at his expense.
2. If it appears from the examination that the inaccuracy in the indication of the measuring device amounts to more than 3%, the expenses of this examination and of the replacement of the device by another shall be for account of the Electricity Company, while the consumption not yet set off shall be estimated in accordance with the average of the preceding three consumption periods.
3. If Consumer cannot agree to this way of calculation, or if the Electricity Company deems it more reasonable to apply another standard, then estimation of the consumption not yet set off by the Electricity Company shall suffice, without prejudice to Consumer's appeal to the Governor. 
4. The expenses of inspection and replacement as laid down in the first paragraph shall be laid down in the General Provisions . 
5. Consumer shall have the right to be present at the inspection, and to have himself assisted for this purpose.

Article 9: Notification and payment of the amount due 

1. The Electricity Company is obligated:
   • a) to notify Consumer on the last working day of each calendar month at the latest of the amount he owes in respect of the last consumption period lapsed before aforementioned date;
   • b) to issue a receipt for receiving the amount due;
   • c) to provide the notification meant under a) or the receipt meant under b) with a proper specification
2. Consumer is obligated to pay the amount he owes no later than the 14th day of the calendar month following the one laid down in paragraph 1, under a, of this article, exclusively at the office of the Electricity Company, unless the latter has authorized a different payment method. If this date falls on a Sunday or a Christian holiday generally acknowledged, the payment has to take place no later than the following working day. 
3. If Consumer fails to pay the amount due, including the fixed amounts laid down in the General Rates for the Supply of Electricity , in time, the Electricity Company may suspend the supply of electricity. Afterwards, the supply of electricity to the parcel shall not take place again before payment of the amount due has been effected, increased with the costs in accordance with the rate stipulated in the General Provisions .

Article 10: Interruption of the connection and suspension of the supply of the electricity 

1. The supply of electricity may be suspended for the purpose of carrying out work in the interest of the Electricity Company, due to failures, and by order of the Government. 
2. If possible, the Consumers concerned shall be notified in advance of a suspension of the supply of electricity, and of the probable duration hereof. 
3. If a Consumer does not wish to use electricity for more than fourteen days, the connection of his installation can be interrupted at his written request. He shall be charged for the interruption and the reconnection in accordance with the rate laid down in the General Provisions . 
4. Suspension of the supply of electricity, other than in pursuance of the provisions in paragraph 1 of this article; as a result of of interruption of the connection by applying the provision in paragraph 1 of article 5, and paragraph 3 of article 9; in the event of force majeure, shall give Consumer the right to reduction of a part of the fixed amounts, which Consumer owes the Electricity Company under the General Rates for the Supply of Electricity . This reduction shall be established in conformity with the part of the consumption period during which the interruption, and/or suspension occurred, it being understood that in case the fixed amount includes a number of kWh, this number shall also be reduced in proportion. However, this/these reductions may only be allowed, if the interruption and/or suspension lasted longer than 6 consecutive hours.

Article 11: Termination of the electricity supply 

1. The Consumer who does not wish further supply of electricity to a parcel on which the installation connected is located as of a certain date, is obligated to notify the Electricity Company hereof no later than three days before that date. 
2. The Electricity Company may terminate the agreement for the supply of electricity in the event that Consumer fails to comply with his obligations under the provisions of these terms. A new application of this former Consumer shall only be accepted, after he has paid the amount he owes, and after it has appeared to the Electricity Company that the installation meets the installation regulations. 
3. The agreement for the supply of electricity shall not end before the third day after written notice of termination, unless explicitly stated otherwise in an agreement with a certain duration. After the termination of the agreement, Consumer shall also remain liable for the consumption not yet paid for, and for the damage inflicted on the connection belonging to the Electricity Company. 
4. If a Consumer left the parcel on which the installation for which the agreement was concluded is located, without giving notice of termination of the current agreement, same shall be deemed cancelled, in which case the Electricity Company reserves all rights to compensation of expenses, damage and interests. 
5. The agreement for the supply of electricity shall end by operation of the law at the moment when the license of the Electricity Company ends.

Article 12: Indemnification 

The Electricity Company is not obligated to any compensation or indemnification whatsoever, if the supply of electricity, described in article 2, were to be interrupted for whatever reason, or if damage or nuisance are the result of deviations in aforementioned supply, nor if any damage or nuisance were to occur to, or due to the connecting wires or connecting devices. Consumer shall indemnify the Electricity Company towards third parties, including the owner of the parcel, from any claims on account of damage or nuisance.

Article 13: Nuisance 

1. At the discretion of the Electricity Company, an installation shall not cause symptoms in the distribution network which may result in nuisance for the other consumers or the Electricity Company itself. 
2. In order to avoid such nuisance, the Electricity Company may stipulate that measures have to be taken by the Consumer, for its account, or that certain apparatuses and/or motors may not be used during hours to be indicated by the Electricity Company.

Article 14: Disputes 

The Governor shall decide in disputes arising from the application of these terms.

Article 15: Alteration of the terms 

The Electricity Company may only alter these terms with the permission of the Governor.

General Provisions

The Terms for Connection to the electricity grid and the pertinent General Provisions, and the General Rates for Supply of Electricity were approved by letter No. 11674 of December 21, 1965, letter No. 4181/JAZ of February 20, 1973, letter No. 5712/JAZ of August 9, 1976, letter No. 6981 of August 27, 1965, respectively telex of June 5, 1981 of the Governor of the Netherlands Antilles, letter No. 6297/JAZ of April 13, 1983 of the Minister of Economic Affairs.

• I Costs of connection & disconnection
• II Examination & replacement
• III Fuel surcharge
• IV Power factor
• V Purchase rates

I. Costs of connection and disconnection, etc. 

1. An installation shall be connected to the distribution network free of charge the first time. 
2. The temporary disconnection and/or connection afterwards at Consumer's request shall also take place free of charge, provided it is not requested more than once a year; for each following time, Afl. 10.00 are due. 
3. In the event of not paying the electricity statement in time, Consumer shall owe Afl. 2.50 collection charges for each renewed presentation of the statement not yet paid. 
4. Furthermore, Consumer shall owe Afl. 10.00 apart from the costs mentioned in paragraph 3, in the event of resumption of the supply as meant in article 9, paragraph 3, of the Connection Terms , while the Electricity Company may also demand an increase of the amount meant in article 5, paragraph 4d, of the Connection Terms , up to a maximum of two months of power consumption estimated.

II. Examination and replacement of the measuring devices 

If the expenses pursuant to article 8 of the Connection Terms for the examination and replacement of measuring devices at Consumer's wish have to be paid by Consumer, he shall owe the Electricity Company an amount of Afl. 15.00 per single measuring device for this.

III. Fuel surcharge 

The rates are based on a fuel oil price, further defined in the electricity agreement concluded with the Insular Territory of Aruba of February 14, 1964, to be named purchase contract hereinafter. 
For each full amount of Afl. 0.50 by which the fuel price per 1000 kg of fuel oil has increased or reduced on the first day of a calendar month, the rates shall be increased, respectively reduced by one hundred and seventy-eight ten thousandths (178/10,000) cent per kWh supplied.

IV. Power factor 

If the power factor appears to be less than the value belonging to its rate and mentioned in article 5, paragraph 9, the Consumer concerned shall take measures to improve the power factor at least up to the value belonging to its rate for his account, in consultation with the Electricity Company. 

The Electricity Company may charge an extra amount of Afl. 0.005/kWh (half a cent per kWh) until Consumer proved to the satisfaction of the Electricity Company that the power factor again reached at least the value belonging to its rate.

V. Purchase rates 

If the rates, respectively fuel surcharge, laid down in the purchase contract, undergo alterations, the rates, respectively fuel surcharge of the Electricity Company shall be adjusted accordingly as of the next consumption period.

Extract from the Governments License to Supply

Article 3: OBLIGATION TO SUPPLY ELECTRICITY

1. Except for the cases meant in Articles 4 and 5, the concession holder is obligated to supply electric current within the concession areas at all times, in each required quantity and on the conditions and at the rates generally applicable in this area, and, if necessary, to extend its electricity grids and the installations belonging thereto for this purpose.

Article 5: EXEMPTION FROM THE OBLIGATION

1. The concession holder shall be exempted from the obligation to supply electricity, described in Article 3 to consumers who fail to pay their debt if and in as far as this refers to the supply of electricity or who refuses to pay a deposit equal to the price of the consumption of electricity being one estimated month, within 14 (fourteen) days after the first presentation of the statements concerned, and this without prejudice to the consumer's right to appeal to the Governor, who shall decide in the final instance.
2. The concession holder shall also be exempted from the obligation to supply electricity to consumers who refuse to bring their electric equipment in line with the installation conditions mentioned in Article 11, paragraph 2.

Article 7: CONDITIONS AND RATES

1. The conditions, whereupon the consumers of electricity obtain connection to the grids including the highest general rates for electricity supply that may be applied, shall be similar for all consumers in the concession area and shall be fixed by the concession holder in agreement with the Governor.
2. All electricity consumers shall be given a copy, free of charge, of the conditions meant in paragraph 1.
3. The concession holder is not allowed to take measures, nor to give instructions by which it would force the electricity consumer to use supplies of a special nature, which can exclusively be bought from the concession holder or from manufacturers or traders designated by it.