Fixed Price Agreement
Special Conditions (for Business Customers only)
For contracts that are for a specified Contract Term:
(a) The fixed price does not apply to the following, and Mercury Energy reserves the right to pass on any changes in respect of both the Fixed Lines and Energy and Fixed Energy Only options, to:
i. The New Zealand Government GST rate;
ii. the forecast effect of any future changes to the Government's Emissions Trading Scheme; and
iii.
Service Fees;
and, in addition, in respect of the Fixed Energy Only option, Other Charges, which are made up of distribution and other lines company charges, and government imposed taxes, fees and/or levies (including the Electricity Authority levy).
(b) You understand that obtaining electricity from another supplier before the end of your Contract Term (including any renewal terms) would be a breach of your contract with Mercury Energy and you agree that, in the event of such breach, in addition to any outstanding moneys owed by you, you will pay Mercury Energy an Early Termination Fee calculated per ICP as $20 for each month remaining in your Contract Term (or renewal term, where applicable), plus an administration fee of $110 (plus GST).
(c) At the end of the Contract Term, and each subsequent renewal term (if any), this Agreement will be automatically renewed for a further Contract Term of equivalent duration (or such other renewal term as you and Mercury Energy may agree) unless:
(i) you or Mercury Energy have given notice of non-renewal in accordance with these clauses;
or
(ii) subclause (f) applies.
(d) Not less than four (4) weeks prior to the end of the Contract Term (and each subsequent renewal term, if any), Mercury Energy will give you written notice either:
(i) advising the energy prices and any changes to this Agreement that will apply to the renewal term;
or
(ii) electing not to renew this Agreement for a further Contract Term, in which case this Agreement will expire at the end of the then current Contract Term.
(e) You may elect not to renew this Agreement by giving Mercury Energy written notice to that effect not less than 10 business days prior to the end of the Contract Term (or any subsequent renewal
term, as applicable).
(f) If, for any reason, Mercury Energy does not notify you of the prices that will apply to a renewal term pursuant to subclause (d), this Agreement will expire at the end of the current Contract Term.
(g) If this Agreement is not renewed at the end of the Contract Term (for any reason) then, at the end of the then current Contract Term, Mercury Energy’s then current standard business prices shall apply.
(h) Notwithstanding clause (a) of these Special Conditions, Mercury Energy has relied on information provided by you, your Lines Company, and/or your previous supplier of electricity under this Agreement and if, for any reason, the information provided is incorrect or requires amendment (including, without limitation, in respect of your meter configuration), Mercury Energy may amend the terms of this Agreement in accordance with the corrected or amended information (including changing the fixed portion of your price). Any amendment of this Agreement may apply retrospectively from the start of the Agreement Term and you agree to comply with the amendments and pay any amounts owed as a result of our use of the incorrect or amended information.