Guide / Choose
Read the clause, understand the consequence: a school contract playbook
Use worked examples to turn difficult terms into specific questions, evidence requests and decisions before acceptance. Every sample fragment below is invented for explanation; none is an approved legal template or a description of a provider's terms.
Read the three documents together
Keep the energy supply contract, TPI service agreement and letter of authority beside the quotation. Write the clause reference and document version against each conclusion. Ask the supplier to confirm any explanation that changes the apparent effect of its terms; a broker's reassurance does not amend the supplier's agreement.
The method is consequence, question, evidence and escalation. Resolve material uncertainty before acceptance. Where interpretation, liability or enforceability is disputed, refer the actual documents to the organisation's procurement or legal adviser. A cheaper rate does not compensate for an obligation the decision-maker cannot explain.
1. Volume tolerance and take-or-pay
Ask whether the test applies per meter, fuel, year or portfolio; how forecasts can be revised; and whether solar, closure or weather changes the calculation. Obtain the worked formula and lower-demand scenario. Escalate if the estate plan could breach the band or the provider cannot quantify the consequence.
| Worked check | Illustrative result |
|---|---|
| Forecast imports | 500,000 kWh a year. |
| 80% minimum | 400,000 kWh. |
| Imports after solar | 350,000 kWh; 50,000 kWh below minimum. |
| Example shortfall charge | 50,000 × 2p ÷ 100 = £1,000, additional to relevant supply charges. |
2. Pass-through and variation powers
Illustrative fragment: 'Network charges are reconciled to actual cost; changes in law may be recovered.' A fixed commodity rate can coexist with a changing bill. Ask which charges qualify, whether supplier margins are added, which evidence is supplied, and when reconciliation occurs.
For 500,000 kWh, an illustrative pass-through increase from 2.0p to 2.4p adds £2,000 annually: 500,000 × 0.4p ÷ 100. Retain the original estimate, charge schedule, change mechanism and scenario. Escalate broad discretionary wording or an unexplained category covering costs presented as fixed. Request clarification or amendment; do not assume an automatic right to cancel.
3. Renewal, notice and expiry
Illustrative fragment: 'Notice must reach the specified address by 30 June.' The TPI agreement might separately require notice by 31 May. These invented dates demonstrate two obligations, not general statutory deadlines. Record each destination, permitted method and acknowledgement.
Ask what happens after expiry: new fixed term, evergreen arrangement, out-of-contract rates or another specified status. Deemed supply is a separate concept. Retain accepted notices and renewal correspondence. Escalate conflicting dates or uncertainty immediately, obtaining written status confirmation before arranging replacement supply. Put reminders before the earliest relevant deadline and assign a deputy.
4. Authority, signing and binding acceptance
Illustrative fragment: 'The agent may obtain information and quotations but may not accept a supply agreement.' Compare that restriction with every other authority document. DfE recommends quotation-only authority for up to 12 months; it should not permit signing supply contracts.
Ask whether a call, email, portal click or electronic signature creates acceptance. Record the authorised approver, delegation limits, final quotation and timestamp. Do not rely on a domestic cooling-off right. Escalate a request for broader authority, an alleged acceptance or an apparent signature outside delegation; retain recordings and correspondence and obtain advice on the actual position.
5. Joining, leaving and changing the legal customer
Illustrative fragment: 'Additional premises require supplier agreement; removal may incur termination costs.' A trust's growth does not guarantee new sites receive existing rates. A school leaving a trust does not automatically release the current buyer's liability.
Ask about notice, credit checks, pricing, novation or replacement agreements, and who remains responsible pending transfer. Academy conversion can change the legal customer even if the meter stays put. Keep an agreed site schedule and liability dates. Escalate any assumption that a portfolio move automatically transfers the supply contract or ends the outgoing entity's obligations.
6. Changing demand, activity and closure
Illustrative fragment: 'Material consumption changes must be notified in advance.' Different opening hours, activities, site use or energy equipment can change the amount and pattern of electricity and gas required. Closure may leave standing charges or contractual obligations. Revisit every affected supply.
Ask how changes affect volume tolerances, minimum purchases, capacity charges and contract amendments. Obtain a dated demand forecast and written supplier confirmation of the contractual effect. This is a buying input: assess the energy agreement against the foreseeable requirement before accepting it.
7. Credit, security and deposits
Illustrative fragment: 'A security deposit may be requested following a credit review.' The consequence can be a cash requirement beyond ordinary bills. Ask for triggers, the calculation, notice, payment deadline, review and repayment conditions, and any guarantee requirement.
Record the worst stated cash requirement and its effect on working capital separately from energy consumption costs. Obtain the school's finance approval. Escalate an unquantified security obligation, demand for a personal guarantee, or terms allowing material changes without a clear process. A low tariff with unaffordable security is not an operationally usable offer.
8. Commission after the service relationship ends
Illustrative fragment: 'Supplier-paid commission continues for the supply term.' Ending TPI support might leave embedded remuneration payable under existing arrangements. It does not follow that commission always continues, always stops, or purchases continuing service: read the documents.
An illustrative 0.2p/kWh uplift on annual consumption of 500,000 kWh equals £1,000 a year. Two remaining years imply £2,000 at unchanged usage. Ask about continuing work, refunds, direct fees, termination charges and handover. Obtain a reconciled fee statement. Escalate overlapping charges, an undisclosed continuing obligation or a claim that revoking the LoA automatically cancels every commercial liability.
9. Data access and handover
Illustrative fragment: 'Portal access ends when the service terminates.' Losing access can interrupt billing checks, reporting and renewal. Ask which data the school receives, in what format, by when, for what period and at what cost.
Request a usable export with meter identity, timestamps, time zone, units and actual/estimated status. Agree handover of open queries and the contract register before access ends. Retain supplier access and school contacts. Escalate unclear export rights, screenshot-only records or late delivery. Personal-data handling needs appropriate terms.
10. Flexible purchasing and trading authority
Illustrative fragment: 'The manager may purchase forecast volumes within the agreed strategy.' The school needs to understand what that strategy permits before signing it. Ask who authorises purchases, which volumes and periods can be committed, what remains unbought, and how deviations from forecast demand are settled.
Request a position report showing purchased volumes, prices, unbought exposure, fees and scenario costs. Record risk limits, escalation and the performance comparator before trading. Escalate an undefined mandate, hidden exposure or a comparator selected retrospectively. These controls cannot make market prices certain.
A completed exception schedule
Log unresolved, clarified, amended or accepted issues with reasons. Carry conditions into approval and service reviews; a checklist cannot make an unsuitable clause safe.
| Example issue | Evidence and decision | Owner / release condition |
|---|---|---|
| Solar forecast breaches minimum imports | Lower-demand calculation retained; supplier amendment requested. | Procurement lead: unresolved; do not accept. |
| Pass-through estimate differs between offers | Same charging basis and scenario requested from both respondents. | Finance lead: refresh comparison before recommendation. |
| Portal ends before handover | CSV sample and pre-exit delivery date agreed in service schedule. | Data owner: retain written agreement and test export. |
| Quote expires before committee meeting | Permitted delegation and refreshed-price approval process documented. | Authorised approver: accept only the evaluated final version. |