Standard Terms and Conditions

Good relationships are built on openness and honesty. So we've worked hard to make sure that our obligations, and yours, are stated clearly in the following terms and conditions. We want to ensure that our interests, and yours, are protected.

If you would like to order a copy of the Standard Terms and Conditions, click below.

Contents

1.	Scope of Agreement
	1.1	You accept from us the supply of Energy and other associated services as necessary or as agreed in accordance with these standard terms and conditions, your Pricing Plan, our Dispute Resolution Process, and any agreed Special Terms. Together, these all form our "Agreement" with you.
	1.2	The Special Terms (if any) will prevail if there is any conflict or inconsistency between them and these standard terms and conditions.
	1.3	You are responsible for paying for the services in this Agreement and for making sure your contractual obligations are met.
2.	Becoming Our Customer
	2.1	You may apply to become or become a Customer in a number of ways, including:
		(a)	by completing an application form;
		(b)	by completing our account application procedures with our Customer Service Representatives over the telephone;
		(c)	by completing an on-line application form on our website (www.mercury.co.nz);
		(d)	by completing an on-line move form;
		(e)	you are an existing customer of another Energy retailer whose business we acquire; or
		(f)	you start using Energy as the occupier or user of a property to which we supply Energy.
	2.2	You may be required to provide us with evidence of your tenancy or occupation of the Property before we accept your application and we may require a bond in accordance with clause 10 of this Agreement.
	2.3	We will respond to your application within 14 days. If your application is accepted (which we may do or decline to do at our sole discretion), or you otherwise become a Customer, you will be bound by the terms of this Agreement. The criteria we use to determine whether to accept your application can be found on our website (www.mercury.co.nz).
	2.4	If you become a Customer by virtue of clause 2.1(f), you will be a provisional customer and you must still make an application to become a Customer in accordance with clauses 2.1(a) to 2.1(d). We may decline that application, in which case you will cease to be a Customer from such date as we advise.
	2.5	Upon becoming our Customer, we will send you a Welcome Pack summarising the important information in relation to your Energy supply. The Welcome Pack does not replace our Agreement with you which governs our respective rights and obligations.
	2.6	More than one person may be the Customer at any property. This Agreement will apply to each such person individually and to all such persons jointly. You must pay each entire invoice, even if another person at the Property has not paid his or her share. In other words, we can recover unpaid invoices from any one or more of the persons who is a Customer at the same Property.
	2.7	You must notify us if you no longer wish to be a joint Customer. We may require the remaining Customers to enter into a new agreement. If you wish to terminate this Agreement, you must comply with clause 18.1.
	2.8	You may nominate a preferred contact person to make decisions and deal with us for you under this Agreement. You will remain responsible for meeting your obligations under this Agreement.
3.	Start Date of this Agreement
	3.1	Unless there is a different date set out in any Special Terms, you will be bound by this Agreement from the earlier of:
		(a)	the date you occupy, or become responsible for the Energy account for, the Property or Properties to be supplied under this Agreement; and
		(b)	the date we first supply you with Energy or other services at any Property or Properties to be supplied under this Agreement.
	3.2	This Agreement continues until terminated under clause 18.
	3.3	This Agreement is our entire agreement and replaces all prior agreements, understandings, and communications relating to our supply of Energy to you at any Property or Properties supplied under this Agreement.
4.	Type and Quality of Services
	4.1	We will supply you with Energy and provide other associated services as necessary or as agreed in accordance with this Agreement and we will at all times endeavour to ensure the quality of the services that we provide to you meets:
		(a)	the requirements set out in this Agreement;
		(b)	all legal requirements and applicable statutes, regulations, and industry rules and codes of practice (including without limitation the Electricity Governance Rules, the Electricity Act 1992, the Gas Act 1992, the Gas Regulations 1993 and the Consumer Guarantees Act 1993) as well as any requirements that the Lines Company or Network Operator may impose relating to use of its local lines or pipelines network; and
		(c)	good industry practice.
	4.2	In order to supply you with Energy and/or other associated services you may be required to provide us with a certificate of compliance issued or approved by the Lines Company and/or your gas fitter that certifies that the wiring to your Connection Point complies with any Industry Codes and Standards and regulations and/or certifies that your gas installation, fittings and appliances comply with all legal requirements and Industry Codes and Standards and with the Network Operator's requirements for connection to its distribution network. We will be under no obligation to provide you with Energy or other associated services until any required certificate of compliance has been provided.
	4.3	In addition to the standards set out in this Agreement, we have set certain performance commitments that we endeavour to meet in supplying you with Energy and other associated services. These can be found on our website (www.mercury.co.nz) or by contacting our Customer Service Representatives.
5.	Responsibility for Energy Supplied
	5.1	Responsibility for Energy passes to you on delivery of Energy to your Connection Point(s). This is typically at the point where the service wire from the property connects to the pole outside the property boundary (or, in the case of underground supply, the connection point under the street).
	5.2	You agree to notify us in advance of any significant and foreseeable change in your Energy consumption volume or pattern or of any proposed change in Equipment at the Property that may affect your Energy supply in any material way.
6.	Ownership and Responsibility for Equipment
	6.1	You are responsible for repairing and maintaining all Equipment on the Property that is not owned or provided by us or Our Representatives including your meter box or meter board and any fuse board or other wiring on the Property. You are responsible for any electricity lines and/or gas pipes running from the Connection Point to any other point on the Property.
	6.2	You agree not to claim, or attempt to give any other person, any ownership or security rights in any Equipment on the Property owned by us or Our Representatives. Title to Equipment supplied by us remains with us and you have no rights in or title to any such Equipment. Any Equipment supplied by us is not a fixture and can be removed by us.
	6.3	You agree:
		(a)	to protect all Equipment on the Property from damage and unauthorised interference;
		(b)	not to interfere, tamper with, damage or remove from the Property any Equipment belonging to us or Our Representatives and to prevent other unauthorised persons from doing so;
		(c)	to keep trees and other vegetation clear of all Meters, Equipment, fittings and electric lines on the Property (and if you do not, we or the Lines Company may give you written notice requiring you to clear the trees and vegetation within a specified time at your cost) and to comply with the Electricity (Hazards from Trees) Regulations 2003;
		(d)	to notify us immediately of any damage to, or interference or fault with, any Equipment on the Property;
		(e)	to ensure that the way you use electricity at your Premises does not interfere with the quality of the electricity supplied to others, or interfere with the lines network and to stop any interference as soon as you become aware of it;
		(f)	to use Energy safely and ensure all wiring, fittings and Equipment on the Property are safe, and ensure that only suitably qualified tradespersons carry out any required work on the wiring, fittings, gas appliances and Equipment on the Property;
		(g)	to provide, on a continuing basis, safe and secure housing for all Equipment on the Property;
		(h)	not to connect one Connection Point to another or interfere with our or any other person’s Energy supply; and
		(i)	not to allow Energy supplied to the Property to be taken illegally or used at any other property.
	6.4	You must notify us immediately if you become aware of any fault in your Energy supply, including any fault with the Equipment or any suspected gas leak, by phoning the Mercury Energy faults number listed on your invoice or in the White Pages telephone directory.
	6.5	You must give us notice at least 7 days prior to any excavation or modification being carried out on the Property that may affect the supply of Energy to you or any other person.
	6.6	You may, with our prior written consent and with the prior written consent of the Lines Company, connect or modify any Equipment on the Property so as to enable electricity generated on the Property to be conveyed through the Lines Company’s network. Any consent by us and any conveyance of electricity generated by you through the Lines Company's network shall be subject to the terms and conditions set out in the Distributed Generation Terms and Conditions (which may be obtained by contacting our Customer Service Representatives) and such other terms and conditions as we or the Lines Company may reasonably require.
	6.7	We may charge you for:
		(a)	the cost of investigating, and the cost of repairing or replacing, damaged or faulty Equipment;
		(b)	the cost of modifying or disconnecting any generation or other Equipment on the Property that fails to comply with any conditions required to be met under clause 6.6; and
		(c)	the price (as estimated by us) of any unmeasured supply, if Equipment on the Property is damaged or interfered with.
7.	Meters and Testing
	7.1	Unless otherwise agreed, the quantity of Energy delivered to your Connection Point must be measured by a Meter. If there is not a Meter on the Property, or the Meter on the Property does not meet the requirements of the Electricity Governance Rules and other applicable Industry Codes and Standards, you must obtain one at your cost, either from us or another Meter supplier. You must obtain our prior consent before installing any Meter from another meter supplier. If you do not own the Property you must obtain the owner's or landlord's permission before a Meter is installed. We or Our Representatives may read the Meters on the Property, either physically, electronically or by any other method.
	7.2	We will inform you of the costs of Meter installation or upgrade prior to undertaking any such works. We will not charge you for installation or upgrades of Meters where your current Meter meets the requirements of clause 7.1.
	7.3	You remain responsible for ensuring that any Meter not provided by us or Our Representatives meets the requirements of the Electricity Governance Rules and other applicable Industry Codes and Standards.
	7.4	If you do not have a Meter which meets the requirements in clause 7.1 or we are unable to access the Meter relating to the Property during Business Hours, we may disconnect your supply of Energy.
	7.5	If we supply you with gas, you must comply with the requirements set out in the current Gas Safety pamphlet or any updated gas safety material which we will provide to you at the time you become one of our gas Customers and which you may view on our website (www.mercury.co.nz).
	7.6	If any Meter is supplied by us or Our Representatives (whether prior to or during the term of this Agreement), you must not disconnect, remove or replace such Meter with another Meter (other than with a Meter also supplied by us or Our Representatives), or permit such disconnection, removal or replacement without our prior written consent, which may be withheld at our sole discretion.
	7.7	All Meters will be deemed to be accurate and all measurements taken from the Meter will be binding on us both unless either of us disputes the accuracy of the Meter. In that event, the relevant provisions of the Electricity Governance Rules and other applicable Industry Codes and Standards shall apply. If you think that the Meter is faulty, we or Our Representatives will check the Meter within 7 days of a request by you. If the Meter is found to be accurate, we will charge you a fee for this service. If the Meter is found to be inaccurate and you have been incorrectly charged for Energy, if necessary, we will arrange for the repair or replacement of the faulty Meter and any under payment or over payment will be paid in the manner set out in clause　11.11. However, no credit will be given if we or Our Representatives determine that the Meter has been tampered with.
	7.8	We will arrange and pay for the repair of Equipment provided by us or Our Representatives unless we find that the Equipment has been tampered with, in which case you will pay for such repairs. If such tampering has prevented all or part of the Energy usage at the Property from being accurately measured, we may disconnect your Energy supply, take legal action against you, and charge you for:
		(a)	the estimated cost of the unmeasured Energy supplied which we shall determine in our reasonable discretion;
		(b)	the cost of repairing, replacing, or resecuring the Equipment;
		(c)	the administration costs involved in investigating the tampering and preparing an assessment of Energy usage; and
		(d)	a reconnection fee on reconnection of your Energy supply should we, at our absolute discretion, agree to do so.
	7.9	Where practicable, we will inform you prior to taking any action on Equipment which may impact on your invoices or result in an extra charge.
8.	Reading the Meter
	8.1	Unless otherwise agreed, our charges for Energy supplied will be based on your Energy usage taken from readings of the Meters on the Property. If, for any reason (including without limitation, due to difficulty in accessing the Property) we cannot read the Meters, we may estimate your Energy usage.
	8.2	Industry Codes and Standards require us to read the Meters on the Property at least once every 4 months. We or Our Representatives will attempt to read the Meters on the Property at least once every month, unless otherwise agreed.
	8.3	If you would prefer any invoice to be based on a reading instead of an estimate, you may carry out a Customer Meter Reading and provide that reading to us. Acceptance of a Customer Meter Reading is at all times at our absolute discretion and we may in any event carry out an Actual Meter Reading on our normal monthly meter reading schedule or at any other reasonable time to verify that Customer Meter Reading. If it turns out that your Customer Meter Reading was accurate, you will not be charged for any special reading taken to verify that Customer Meter Reading.
9.	Access
	9.1	You must ensure that we and Our Representatives have safe and unobstructed access (including unobstructed vehicle access, as assessed by us and/or Our Representatives, to and over the Property (and any premises in which Meters or Equipment are located) at all reasonable times, for the following purposes:
		(a)	to inspect or take readings from the Meters or to verify any metering information;
		(b)	to install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove Meters or other Equipment owned by us or Our Representatives;
		(c)	to connect or disconnect your Connection Point;
		(d)	to restore Energy following an unplanned outage;
		(e)	to investigate the cause of any interference to Energy supply;
		(f)	to clear trees, vegetation or other obstacles from lines and related equipment if you fail to do so as required by clause 6.3(c);
		(g)	to protect, or to prevent damage or danger to, people or property;
		(h)	to disconnect the Energy supply in accordance with clause　14; and/or
		(i)	for any other reason relevant to the provision of Energy supply or network services by us, the Lines Company or the Network Operator.
	9.2	If we access your Property to clear trees, vegetation or other obstacles from lines and related equipment, you will pay any costs incurred by us in doing such clearing.
	9.3	Your obligations under this clause include ensuring any animal on the Property is kept under control.
	9.4	If you do not ensure that we or Our Representatives have safe and unobstructed access, as assessed by us, to the Property or the Meters or other Equipment, or if the location or other characteristics of the Property or Meter make it difficult for us or Our Representatives to access the Property and/or read any Meter, you will be deemed to have requested that we resolve such access issues and to accept any costs incurred in relation to resolving such issues (including any applicable callout or other fees). Such additional costs may include the cost of the equipment and services that we determine are required to resolve such access issues. To avoid doubt, such fees may include one-off and/or ongoing fees. If we are unable to resolve any access issues, we may disconnect the supply of Energy to the Property in accordance with clause 14. Details of our current fees and charges can be found on our website (www.mercury.co.nz) or by contacting our Customer Service Representatives.
	9.5	We and Our Representatives will carry proper identification at all times when accessing the Property for any purpose.
	9.6	The access rights conferred under this clause 9 are in addition to any access rights conferred by any statute or regulation.
	9.7	If we, Our Representatives, the Network Operator or the Lines Company reasonably believe that there is immediate danger to persons or property, we, our Representatives, the Network Operator or the Lines Company (as relevant) may take reasonable steps to gain access to the Premises without your permission.
10.	Bonds
	10.1	We may at any time (at our sole discretion) require you to pay a bond or bonds (which will not exceed $150.00 in total) as security for payment for Energy and other associated services supplied or to be supplied. If we require you to pay a bond we will explain the reasons why this is required to you. We may use the bond or bonds to recover any amount overdue or otherwise owed to us by you.
	10.2	If we require a bond or bonds, we will invoice you for the amount of the bond and you must pay the bond in accordance with the payment provisions contained in clause 11 below.
	10.3	We will hold the bond or bonds on trust in a separate account to our trading accounts until it is refunded to you or until it is used to pay any amount overdue or otherwise owing under this Agreement. We will refund any bond to you either by crediting your Energy account or sending you a cheque, provided your invoices have been paid in full by the relevant due dates for a continuous 12 month period, or when we stop supplying Energy to you and all your outstanding invoices have been paid in full. Bonds will be repaid within 1 month of the qualifying circumstances being met. No interest will be payable on bonds. If we keep a bond for longer than 12 months, we will explain the reasons why.
11.	Price and Payment
	11.1	We will charge you for Energy and other associated services at the rates, fees and charges detailed in your Pricing Plan or as set out in the Special Terms or as agreed with you from time to time. You may request details of your Pricing Plan at any time from our Customer Service Representatives. We may also charge you service fees for services provided under this Agreement at our then current rate. You may request a copy of our current service fees from our Customer Service Representatives or view them on our website (www.mercury.co.nz).
	11.2	We will determine which Pricing Plan you are eligible for based on your electricity and/or gas usage and on your metering installation. If you stop being eligible for the Pricing Plan you are on, we may transfer you to an alternative Pricing Plan for which you are eligible on giving you at least 30 days’ prior notice. Subject to eligibility, you may choose an alternative Pricing Plan which you wish to apply to you and notify us of your choice. Should you be eligible for the plan chosen, we will transfer you to the alternative Pricing Plan chosen by you within 30 days of receiving such notice from you.
	11.3	Where we change your Pricing Plan prices or transfer you to another Pricing Plan, we will allocate your usage between the old and new rates based on your average daily usage (as measured or estimated) within the relevant billing period.
	11.4	You agree to pay the charges (plus GST) set out in this Agreement for Energy supplied to your Connection Point and any other associated services. You also agree to pay any service fees (plus GST) we charge you for Energy and other associated services not expressly covered under your Pricing Plan or the Special Terms, including any government imposed taxes, fees and levies which we may pass on to you.
	11.5	Our invoices may include charges for network services or other services (that relate directly or indirectly to our continued supply of Energy to you) provided by the Lines Company, Network Operator or other third parties (such charges will be separately identified). You agree to pay to us all such charges (plus GST) and any other charges payable by you under this Agreement in accordance with clause 11.7. We will apply all such payments on the basis agreed between us and the Lines Company, Network Operator or other third parties.
	11.6	Where we recover charges on behalf of the Lines Company, Network Operator or other third parties, and these charges change, we will notify you of the change in accordance with clause 21, unless we have not, ourselves, been given sufficient notice by the relevant Lines Company, Network Operator or other third party in which case we will give you as much notice as reasonably practicable.
	11.7	We will use our reasonable endeavours to invoice you on a regular basis (normally once a month) for amounts payable by you under this Agreement.
	11.8	You must pay us the full amount of any invoice (including any estimated invoices) by the date for payment shown on the invoice. We may recover from you any collection costs, legal fees or other costs incurred by us relating to late payment or non-payment (including dishonoured payment) of our invoices. If you have difficulty paying an invoice, you should contact us to make a suitable payment arrangement, otherwise the amount will be treated as being overdue, and your Energy supply may be disconnected in accordance with clause 14 below.
	11.9	If you dispute the accuracy of an invoice, you must notify us of the dispute, and the amount in dispute, before the due date for payment. The only disputes to which this clause applies are disputes as to accuracy. Undisputed amounts must still be paid by the due date, but you may withhold the disputed amount until the dispute is resolved in accordance with clause 17 below. If the withheld amount is found to be payable by you, we will invoice you for that amount and payment of that amount is due within 14 days of the date of invoice. If you have paid a disputed amount and it is found that we have made an error and charged you an incorrect higher amount, we will refund the difference between the incorrect and correct amounts by crediting your Energy account.
	11.10	We may apply a prompt payment discount if payment of the full amount shown on the invoice is received by us on or before the discount expiry date shown on that invoice.
	11.11	If, for any reason, we make an error in calculating the amount owing and charge or have charged you an incorrect amount:
		(a)	if we have overcharged you, on becoming aware of the error, we will promptly credit your Energy account with the difference between the incorrect and the correct amounts;
		(b)	if we have undercharged you, you must pay us the difference between the incorrect and the correct amount within 14 days of our advising you of the correct amount payable. Subject to clause 7.8, if the undercharging has continued for a period of two months or more, we will only recover the undercharged amounts from the last two months prior to the discovery of the error unless you have contributed to the error or could have reasonably been expected to have known of the error (in which case we will recover the entire undercharged amounts).
		No interest is payable on any amount overpaid or underpaid in the case of an incorrect invoice.
	11.12	Depending on your Pricing Plan, you may pay your invoice by any one of a number of different methods. For payment options please see your invoice, contact our Customer Service Representatives or see our website (www.mercury.co.nz).
	11.13	We may require you to use, or you may (subject to availability) elect to receive, our pre-payment service in respect of Energy and associated services to be supplied so that you will receive only the amount of Energy and associated services for which you have already paid. If we provide you with our pre-payment service, the supply of Energy and associated services may be stopped if payments are not made by the due date or are dishonoured. If we require you to use our pre-payment service because there are overdue amounts owed to us by you, we may apply up to one half of each pre-payment amount toward payment of that debt and the balance of each pre-payment amount as pre-payment for Energy and associated services to be supplied until the debt is paid in full.
	11.14	If you hold more than one Energy account with us and you close one such account, we may transfer any balance outstanding in respect of the account being closed into any account which remains open. The amount transferred must be paid by you in accordance with the payment terms of the account under which it was incurred, but a default in payment may be treated by us as a default under this Agreement.
12.	Interruptions to Supply
	12.1	In addition to the circumstances set out elsewhere in this Agreement, your Energy supply (or the supply to controlled appliances such as hot water cylinders) may be interrupted or reduced, or any Meter temporarily disconnected:
		(a)	for maintenance or testing of, or for repairs or alterations to, Equipment or an electricity or gas distribution network;
		(b)	for emergency or load management reasons;
		(c)	in accordance with your Pricing Plan;
		(d)	for health and safety reasons, or to avoid danger to persons or damage to property;
		(e)	to upgrade or protect your or another person’s Energy supply, or to connect another person to an electricity or gas distribution network;
		(f)	on the instructions of or by the Lines Company, Network Operator, Transpower or other operator or owner of a gas or electricity distribution or transmission network;
		(g)	on the instructions of the Electricity Commission or other regulatory authority; or
		(h)	for reasons beyond our reasonable control or the reasonable control of the Lines Company or Network Operator.
	12.2	If we, or the Lines Company or Network Operator plan an interruption pursuant to clause 12.1(a) or (e), which will affect your supply of Energy, we, or the relevant Lines Company or Network Operator will give you at least 4 Business Days notice of the interruption. Where your supply is interrupted for any other reason, we, the Lines Company or the Network Operator (as relevant) will give you as much notice as is reasonably practicable of the time and expected duration of the interruption. Notices under this clause may be given either by mail, by a public notice in a local newspaper, by telephone or by posting such notice on our website (www.mercury.co.nz). This notice requirement does not apply to routine interruptions of supply in accordance with your Pricing Plan (e.g. controlled water heating).
	12.3	If your supply is interrupted for any reason within our control (other than where it has been disconnected in accordance with this Agreement), we will restore your supply as soon as reasonably practicable.
13.	Sensitive Equipment
		Voltage and frequency fluctuations or reductions in gas pressure can damage sensitive appliances. It is your responsibility to protect your sensitive appliances by installing suitable protection devices or by making other arrangements to protect your equipment. We will not be liable to you in any way as a result of any voltage or frequency fluctuation or reduction in gas pressure, except to the extent of any remedies available to you under the Consumer Guarantees Act 1993 (if applicable).
14.	Disconnections
	14.1	We, Our Representatives, or a Lines Company or Network Operator may disconnect the Energy supply to you if:
		(a)	we need to protect health and safety or prevent damage to property;
		(b)	you fail to pay an invoice or part of an invoice (not being an estimated invoice unless it is fair and reasonable in the circumstances for us to do so) relating to the supply of Energy, metering, or network services (whether to your current or past address or addresses) by the due date and you are not disputing liability for the unpaid amount using our Dispute Resolution Process;
		(c)	we have proof or a reasonable suspicion that there has been tampering with a Meter, Equipment, pipes, lines, or fittings relating to the Property;
		(d)	we or any of Our Representatives are denied or cannot get access to the Property sufficient (in our sole opinion) for the purposes of this Agreement for a period of more than 3 months;
		(e)	you do not provide a bond when requested by us;
		(f)	you ask to have your supply disconnected;
		(g)	you fail to provide any of the certificates of compliance as required under clause 4.2 above;
		(h)	we end this Agreement in accordance with clause 18 or you cease to be a customer pursuant to clause 2.4; or
		(i)	the Lines Company or Network Operator requires the supply to be disconnected either pursuant to your agreement or our agreement with them.
		Subject to clause 14.2, we will give you at least 7 days’ notice of disconnection and allow a further 3 days for the delivery of that notice. We will also provide you with a separate final warning no less than 24 hours before disconnection. Disconnection notices will include information on the charges you will have to pay for disconnection and reconnection together with the steps you can take to avoid disconnection.
	14.2	Disconnection of your Energy supply may be immediate if:
		(a)	we, the Lines Company or the Network Operator need to protect health or safety or prevent damage to property;
		(b)	the Lines Company or Network Operator instructs us to disconnect your supply immediately; or
		(c)	we have proof or reasonable suspicion that there has been tampering with a Meter, Equipment, pipes or fittings.
	14.3	If we agree, at our absolute discretion, to reconnect your Energy supply, we may require one or more of the following prior to reconnection:
		(a)	payment of outstanding moneys owed to us, including any disconnection fee;
		(b)	payment of any collection costs we incur in obtaining payment of the amounts you owe us;
		(c)	payment of any charges for services (such as fixed line or network charges) that continue to accrue while your energy supply is disconnected;
		(d)	agreement on a payment arrangement satisfactory to us;
		(e)	payment of a reconnection fee;
		(f)	payment of a bond or other payment security;
		(g)	a prepayment arrangement to be set up;
		(h)	a satisfactory arrangement for access to Meters to be made; and/or
		(i)	a valid certificate of compliance in respect of Equipment installed at the Property.
		Our current disconnection and reconnection fees can be found on our website (www.mercury.co.nz) or by calling our Customer Service Representatives.
	14.4	If your Energy supply is disconnected at your request (including temporary disconnections) or because of your breach of this Agreement we may charge you for any costs associated with the disconnection including the costs of any attempted disconnection.
	14.5	You agree that you or a representative for you will be present at the Property at the time of any connection or reconnection of your Energy supply (by us or Our Representatives) and may be required to be present at the Property at the time of any disconnection as notified to you.
	14.6	Once you have satisfied the requirements for reconnection, we will restore your supply as soon as reasonably practicable.
15.	Lines Company/Network Operator Requirements
	15.1	We do not own the lines network or network of pipelines through which Energy is delivered to you. The Lines Company or Network Operator owns and is responsible for the network including monitoring and maintaining the equipment used in the provision of network services in accordance with good industry standards.
	15.2	You may have an agreement directly with the Lines Company or the Network Operator for network services. Where this is not the case, we have an agreement with the Lines Company or the Network Operator to provide network services to you.
	15.3	We or the Lines Company or the Network Operator may charge you directly for network services or the Lines Company or the Network Operator may appoint us as its agent to collect the charges for network services from you and pay the charges to them. Unless you are given notice directly by the Lines Company or the Network Operator, we will give you at least 30 days’ notice of any changes to the charges for network services unless and to the extent that our agreement with the Lines Company or the Network Operator require such changes to be made in circumstances where we are unable to give you that period of notice, in which case we will use reasonable efforts to give you as much notice as practicable.
	15.4	If the Lines Company or the Network Operator has entered into an agreement with us it will contain certain terms and conditions that you are required to meet. Many of these conditions have been included elsewhere in this Agreement. In addition, you:
		(a)	must meet all the legal and industry requirements and the Lines Company’s and/or Network Operator's standards;
		(b)	must provide and maintain, on a continuing basis, suitable space for the safe and secure housing of any of the Lines Company’s and/or Network Operator's equipment;
		(c)	acknowledge that the Lines Company and Network Operator have no liability to you in relation to the supply of Energy;
		(d)	may be liable for line charges or network charges during a temporary disconnection;
		(e)	must not convey or receive, or attempt or permit any other person to convey or receive, any signal or communication over any part of the network from any person other than us, the Lines Company or Network Operator;
		(f)	must not modify, connect or disconnect any Equipment to or from the network; and
		(g)	must not send electricity back through your connection onto the Lines Company's network unless and until you have complied with the requirements of clause 6.6.
	15.5	The terms and conditions included in this Agreement at the request of the Lines Company or Network Operator are for the benefit of the Lines Company or Network Operator respectively, and their respective directors, employees, and authorised agents pursuant to the Contracts (Privity) Act 1982.
16.	Liability
	16.1	Nothing in this clause shall limit or reduce your rights (if any) under the Consumer Guarantees Act 1993, unless you acquire Energy or other goods and services from us for the purpose of a business, in which case you agree that the Consumer Guarantees Act 1993 will not apply.
	16.2	If, as a result of our negligence, property has been physically damaged and the loss to you was reasonably foreseeable, we will pay the costs of repairing the damage or, at our discretion, replacing the damaged property.
	16.3	We will not be liable to you for:
		(a)	any other direct loss or damage caused through:
			(i)	breach of contract or breach of any other obligation owed to you for any other reason;
			(ii)	the negligence, omission, or any other act of a third party; or
			(iii)	any event beyond our reasonable control; or
		(b)	any indirect or consequential loss or damage,
		except to the extent (if any) that we are liable under the Consumer Guarantees Act 1993 to compensate you for such loss or damage.
	16.4	If, for any reason other than the application of the Consumer Guarantees Act 1993, we cannot rely on the above exclusions of liability, or where we are liable pursuant to clause 16.2, then our liability will be limited to:
		(a)	$10,000 for any single event or series of related events occurring on a network system; or
		(b)	a total of $10,000 for any single event or series of related events occurring on a network system that affects more than one consumer.
	16.5	You will indemnify us and Our Representatives for all costs, losses, liabilities, claims, or damages (including legal costs) that may be incurred:
		(a)	in recovering amounts owed by you under this Agreement; and/or
		(b)	as a direct or indirect result of your breach of this Agreement.
	16.6	Without limiting the generality of clause 16.5, you will indemnify us and Our Representatives (as applicable) for all fines and other penalties for which we or Our Representatives may become liable due to any failure of any Meter at the Property to comply with the requirements of the Electricity Governance Rules or any Industry Codes or Standards, except where that Meter was provided by us or Our Representatives and where such Meter has not been tampered with leading to such non-compliance.
	16.7	Where we contract on your behalf for the provision of lines or network services, we will pass on any credits or refunds received from the Lines Company or Network Operator received by us for their failure to meet any service guarantees made for your benefit. This pass through will be allocated among our customers at our absolute discretion and may be reduced by an appropriate amount to cover our reasonable administrative costs.
	16.8	This clause 16 is also for the benefit of, and is enforceable by, Our Representatives pursuant to the Contracts (Privity) Act 1982.
17.	Dispute Resolution
	17.1	Our Dispute Resolution Process is a free service and will apply if you have a complaint or dispute concerning any matter in relation to this Agreement (other than a complaint about the nature or level of our charges). A copy of our Dispute Resolution Process can be obtained, free of charge, on request from our Customer Service Representatives or viewed on our website (www.mercury.co.nz). If you are not happy with the resolution of any complaint or dispute once our Dispute Resolution Process has been completed, you can refer the complaint or dispute to an independent dispute resolution process to which we have signed up, details of which are available on our website (www.mercury.co.nz) or from our Customer Service Representatives.
	17.2	If you dispute the correctness of charges on your invoice we will not disconnect your Energy supply for non-payment of the disputed portion of your invoice until the matter has been dealt with through our Dispute Resolution Process. This will not prevent disconnection for other reasons, such as a failure to pay undisputed amounts or a failure to provide access to the Property for Meter reading purposes.
	17.3	Once a dispute in respect of charges is resolved, clause 11.8 will apply with respect to any amount payable by us or you.
18.	Termination
	18.1	Subject to any fixed term under your Special Terms (if any), if you wish us to cease supplying you with Energy, you may terminate this Agreement with respect to the supply of electricity and/or the supply of gas by giving us 48 hours’ notice. We will then either take a final Actual Meter Reading or estimate how much Energy you have consumed. The charge for that service and for Energy supplied will be included in your next invoice. If you have applied to switch to another Energy supplier, that supplier will advise us so that we can together undertake the switch process. You will remain our Customer until the switch process is completed and are liable to us for all charges incurred prior to the completion of the switch process.
	18.2	If you breach any material term of this Agreement we may, at our discretion, immediately terminate this Agreement with respect to the supply of electricity and/or the supply of gas. If you breach any non-material term of this Agreement, we may give you 14 days’ written notice of default. If you:
		(a)	remedy the breach within that 14 day period, and fully indemnify us for the consequences of the breach, the notice of default shall be deemed to be withdrawn and this Agreement shall continue in full force and effect;
		(b)	fail to remedy the breach within that 14 day period, and/or do not indemnify us for the consequences of the breach, we may, on 1 Business Day’s notice, terminate this Agreement with respect to the supply of electricity and/or the supply of gas.
	18.3	We may also terminate this Agreement immediately with respect to the supply of electricity and/or the supply of gas if our agreement with the Lines Company or Network Operator or your agreement (if you have one) with the Lines Company or Network Operator is terminated.
	18.4	On termination of this Agreement, we may disconnect your electricity and/or gas supply and immediately cease supplying electricity and/or gas and other associated services to you. If we supply electricity and gas to you under this Agreement and this Agreement has been terminated with respect to the supply of electricity or gas but not both, this Agreement will remain and shall continue in full force and effect for the supply not terminated.
	18.5	You will remain responsible for paying for all Energy and other associated services supplied to you prior to termination or disconnection (whichever is the later).
	18.6	For the avoidance of doubt, if we have entered into Distributed Generation Terms and Conditions with you, these will also be terminated in the event that this Agreement is terminated with respect to the supply of electricity.
19.	Moving Premises
	19.1	If you move out of the Property, you must give us at least 2 days advance notice together with details of your forwarding address. We will provide an estimated Meter reading unless:
		(a)	you request that we arrange a final Actual Meter Reading to be carried out; or
		(b)	you carry out a Customer Meter Reading and we, in our absolute discretion, accept it.
		The charge for the final Actual Meter Reading service, if applicable, and for Energy supplied will be included in your next invoice.
	19.2	Depending on where you move in New Zealand, we may still be able to supply you with Energy. If you wish us to supply Energy to you at your new address, please give us at least 6 days’ notice. If we agree (which we may do or decline to do at our sole discretion) to supply you with Energy at your new address, your account with us will, from the date such supply commences, cover both the supply of Energy and other associated services at your new address and all outstanding charges carried over from your old address.
	19.3	If you do not give us any of the notifications required under clause 19, you will remain liable for all Energy and other associated services supplied to the Property until such notice is actually received by us or the date some other person becomes our Customer in respect of the Property, whichever is the earlier.
20.	Force Majeure
		We will not be liable to you for a delay in or failure to perform our obligations (other than an obligation to pay money) if that failure arises directly or indirectly from circumstances beyond our reasonable control.
21.	Changes
	21.1	We may change these standard terms and conditions, our Dispute Resolution Process, and/or our Pricing Plans at any time by giving you at least 30 days’ prior notice. If the change relates to our prices, frequency of billing, or frequency of meter reading, we will send you written notice of the change. Otherwise we will let you know of the changes, either by written notice or in a public notice in a local newspaper at least 30 days before the changes come into effect.
22.	Temporary Supply Emergency
	22.1	If at any time we reasonably consider that a serious Energy supply shortage or other threat to our ability to supply Energy exists or is imminent we may declare a "Temporary Supply Emergency", either by written notice or in a public notice in a local newspaper or on our website (www.mercury.co.nz). Any declared Temporary Supply Emergency shall continue in force until either the date (if any) stated in the notice declaring the Temporary Supply Emergency or the date upon which the Temporary Supply Emergency is subsequently declared to be ended as advised by us in a written notice or public notice in a local newspaper or on our website (www.mercury.co.nz).
	22.2	Notwithstanding any other provision in these standard terms and conditions, during any Temporary Supply Emergency we may make temporary changes to the standard terms and conditions and/or our prices by giving you at least 48 hours’ notice (‘Shortened Notice of Change’), either by written notice or in a public notice in a local newspaper or on our website (www.mercury.co.nz). Any changes made using a Shortened Notice of Change will automatically expire at the end of the Temporary Supply Emergency, at which time the standard terms and conditions and our prices shall revert to those in force immediately prior to the giving of the Shortened Notice of Change. For the avoidance of doubt, any change made by giving you at least 30 days’ notice will not constitute a Shortened Notice of Change.
23.	Notices
	23.1	Subject to any Special Terms and any other provisions of this Agreement, we will send any written notice or invoice to you by either:
		(a)	posting the notice or invoice to the last postal address given;
		(b)	delivering the notice or invoice to the Property;
		(c)	sending the notice or invoice to the last facsimile number given; or
		(d)	advising you by email to the last email address given.
		Alternatively, subject to clause 21.1, some notices may be given to you by telephone, in person, or by a public notice in a local newspaper.
	23.2	Notices are deemed to have been received:
		(a)	if personally delivered, on delivery;
		(b)	if posted, on the third day after posting;
		(c)	if posting the public notice in a local and/or national newspaper, on the day after the day on which the newspaper is available for purchase; or
		(d)	if sent by facsimile or email, on successful transmission or, if sent after 5pm, on the next Business Day after transmission.
24.	Information and Privacy
	24.1	You agree to provide us with such information as we may require for the purposes of this Agreement. You agree that no reasonable request for information will be refused, including requests for the supply of information or data in a specified manner or to a specified timetable. By entering into this Agreement, you authorise any person to provide us with such information about you as we may require in response to our queries and for any of the purposes provided for in this clause 24.
	24.2	We may need to collect from you personal information (e.g. name, address, your bank details) so we can supply Energy to you and carry out our responsibilities under this Agreement. The information you give us must be correct and complete. If any of the information becomes incorrect or changes, you must let us know as soon as possible.
	24.3	We will hold any personal information in accordance with the provisions of the Privacy Act 1993. The person to whom such information relates may at any time request access to, and if necessary correction of, that information. We will use any personal information provided by you only for the purposes of supplying you with Energy and other associated services, debt recovery and/or credit checking purposes and for providing you with information about other goods and services that we, the Lines Company, the Network Operator or (unless you instruct us otherwise) other persons may from time to time wish to offer you. You may advise us at any time by contacting our Customer Service Representatives if you do not wish us to contact you from time to time for marketing purposes.
	24.4	We may verify the information or collect other information about you from:
		(a)	other organisations or people such as credit agencies, the Lines Company and/or Network Operator and other energy suppliers; or
		(b)	your general practitioner, any District Health Board, the Ministry of Social Development including Work and Income New Zealand and Family and Community Services or from any source trusted by us for the purposes of verifying whether or not you (or any member of your household) are a Vulnerable Consumer or a Medically Dependent Vulnerable Consumer (for further details contact our Customer Service Representatives or visit our website, www.mercury.co.nz).
	24.5	We will not disclose any personal information to any person other than:
		(a)	the Lines Company, Network Operator and Our Representatives for purposes associated with the supply of energy to you;
		(b)	debt recovery and/or credit checking agencies and/or our lawyers for the purpose of collecting outstanding moneys and/or credit checking, and other Energy suppliers in New　Zealand and/or their agents for credit reference and credit checking purposes;
		(c)	any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with Electricity Governance Rules or other Industry Codes and Standards;
		(d)	the Ministry of Social Development including Work and Income New Zealand and Family and Community Services, and other social services and/or budgeting agencies where your Energy account is overdue and we reasonably believe that it is in your best interests to do so;
		(e)	a District Health Board for the purposes of establishing whether or not you or anyone in your household is a Medically Dependent Vulnerable Consumer; and/or
		(f)	any other person to whom you allow us to disclose such information including (but not limited to) social services and budgeting agencies, market research companies undertaking market research for us, persons nominated by you pursuant to clause 2.8 and joint customers.
	24.6	Debt recovery and credit checking agencies to whom we may disclose your personal information may:
		(a)	pass and disclose that information to other debt recovery and/or credit checking agencies;
		(b)	use that information for the purposes of debt recovery and/or credit checking;
		(c)	publish that information on their debt recovery and/or credit checking databases; and/or
		(d)	provide that information to third parties for credit checking purposes.
	24.7	You acknowledge and agree that we may record our telephone conversations with you to assist us with complying with our obligations under this Agreement and for record keeping and training purposes. If we do so, the recordings will be kept secure and you may request, at any time, access to them.
	24.8	You are entitled to access any personal information about you held by us and to request correction of that information.
25.	Confidentiality
	25.1	You agree not to disclose the provisions of any Special Terms to any other person, except with our prior written consent.
	25.2	We each agree to maintain the confidentiality of each other’s Confidential Information, and to use and disclose such information only for the purposes of exercising our rights or performing our obligations under this Agreement or as otherwise required by law.
26.	Assignment
	26.1	We may assign or transfer rights or obligations under this Agreement by notice to you. On giving that notice, we will be released from the obligations assigned or transferred, and the assignee or transferee will assume those obligations.
	26.2	We may subcontract or delegate the performance of any of our obligations under this Agreement.
	26.3	You may not assign your rights or obligations under this Agreement.
27.	Miscellaneous
	27.1	No waiver of any breach, or failure to enforce any provision of this Agreement, by either party shall affect, limit, or waive that party’s right to enforce and compel strict compliance with the provisions of this Agreement.
	27.2	If any provision of this Agreement is held to be invalid, unlawful, or unenforceable, then that provision shall be deemed to be modified only to the extent necessary to remedy that result and the remainder of this Agreement shall remain in force.
	27.3	On termination of this Agreement, the following provisions shall remain in effect until their purpose is served:
		(a)	clause 6 (Ownership and Responsibility for Equipment), to the extent it relates to Equipment not owned by you;
		(b)	clause 7.5 (Meters and Testing);
		(c)	clause 9 (Access), to the extent necessary for final readings, disconnections and removal of Equipment not owned by you;
		(d)	clause 10, to the extent it relates to the repayment or application of any bond;
		(e)	clause 11 (Price and Payment), to the extent it relates to amounts incurred but not paid by you;
		(f)	clause 16 (Liability);
		(g)	clause 24 (Information and Privacy); and
		(h)	clause 25 (Confidentiality).
28.	Interpretation
	28.1	In this Agreement except where the context otherwise requires:
		'Actual Meter Reading' means a reading of a Meter conducted by us or Our Representatives.
		‘Agreement’ means these standard terms and conditions, your Pricing Plan, our Dispute Resolution Process, any Special Terms and (where relevant) the Distributed Generation Terms and Conditions.
		‘Business Day’ means a day, other than a Saturday or Sunday, on which New Zealand registered banks are open for business in Auckland.
		'Business Hours' means 8.30am to 5.30pm on a Business Day.
		‘Confidential Information’ means any information of a confidential nature or which is labelled as being confidential relating either to you, us, Our Representatives or to the Lines Company or Network Operator.
		‘Connection Point’ means the point at which the Property connects to a circuit breaker, switch, fuse or other isolating device on the Lines Company’s network and/or the point at which the gas pipes on the Property connect to the outlet pipe of the gas meter.
		‘Customer’ means a person who has applied to have Energy supplied by us and whose application we have accepted or who has otherwise become a person to whom we supply Energy and associated services pursuant to clause 2 of these standard terms and conditions.
		'Customer Meter Reading' means a reading of the Meter on or relating to your Property conducted by you and advised to us.
		'Customer Service Representatives' means our Customer Service Representatives available by phoning 0800 10 18 10 for residential customers or by emailing service@mercury.co.nz.
		‘Dispute Resolution Process’ means Mercury Energy's dispute resolution process set out in the published booklet available on request from our Customer Service Representatives and available on our website (www.mercury.co.nz).
		'Electricity Governance Rules' means the Electricity Governance Rules 2003 as amended, varied or replaced from time to time.
		‘Energy’ means electricity and/or gas.
		‘Equipment’ means any Meter, telemetry equipment and other equipment used to measure or record Energy usage, to transmit or convey Energy usage data, or to supply Energy to your Connection Point or any associated equipment (including, without limitation, pipes, switches, fuses, transformers, wiring, Meter boards and pre-payment meters or devices).
		‘GST’ means goods and services tax as defined by the Goods and Services Tax Act 1985.
		‘Industry Codes and Standards’ includes all relevant electricity and gas industry codes and standards, rules and protocols.
		‘Lines Company’ means the company that operates the electricity distribution network by which electricity is supplied to your Connection Point(s).
		'Medically Dependent Vulnerable Consumer' means a Vulnerable Consumer who is dependent on electricity for critical medical support and who has registered as such with us (see our website (www.mercury.co.nz) or contact our Customer Service Representatives for further information and to register)
		‘Meter’ means metering equipment and other apparatus to measure the quantity of Energy conveyed to your Connection Point and/or your patterns of Energy usage and/or Energy demand, and any associated relays and includes all associated fittings, pre-payment metering equipment and remote meter reader devices.
		‘Network Operator’ means the company or organisation that owns and operates your local natural gas pipeline network.
		‘Our Representatives’ may include our employees, contractors or agents or the employees, contractors or agents of:
		(a)	the Lines Company or Network Operator;
		(b)	the Meter reader; and
		(c)	the Meter owner.
		‘Pricing Plan’ means our rates, fees and charges in accordance with the applicable pricing schedule (and Special Terms (if any)) which we determine you are eligible for and is most appropriate for you based on your electricity and/or gas usage and metering installation.
		‘Property’ means the land and buildings to which we agree with the Customer to supply Energy.
		‘Special Terms’ means any special terms that have been agreed between us that add to or modify these standard terms and conditions.
		‘Transpower’ means Transpower New Zealand Limited.
		'Vulnerable Consumer' means a consumer for whom, for reasons of age health or disability, disconnection of electricity presents a clear threat to their (or a member of their household's) health or wellbeing.
		‘We’, ‘us’, ‘our’ means Mighty River Power Limited trading as Mercury Energy and includes its officers, employees, contractors, agents, successors, and assignees.
		‘You’ and ‘your’ means you, the Customer.
	28.2	Words importing persons include corporations and vice versa.
	28.3	Reference to any statute or regulations, industry code or standard include a reference to that statute or those regulations or that industry code or standard as amended, modified or replaced and, in the case of a statute, include all orders, ordinances, regulations, and by-laws made under or pursuant to that statute.
	28.4	Unless the context otherwise requires, the singular includes the plural and vice versa.