| 1. Scope of Agreement |
|
 |
1.1
|
You accept from us the supply of electricity and other
associated services as necessary or as agreed in
accordance with these terms and conditions, our prices,
our Dispute Resolution Process, and any agreed Special
Terms (together forming the “Agreement").
|
|
1.2 |
Your Special
Terms (if any) prevail if there is any conflict or
inconsistency between them and these standard terms. |
|
|
|
| 2. Start Date of this Agreement |
 |
|
|
2.1
|
Unless we agree on a different date as set out in your
Special Terms, you will be bound by this Agreement from
the earlier of:
|
|
(a) |
the
date you occupy, or become responsible for the
electricity account for, the property or
properties to be supplied under this Agreement;
or |
| (b) |
the
date we first supply you with electricity or
other services.
|
|
|
2.2 |
This
Agreement continues until terminated under clause 17.
|
|
2.3 |
This
Agreement is our entire agreement and supersedes all
prior agreements, understandings, and communications
between us (other than any Special Terms). It is subject
to all statutes, regulations, industry rules and codes
of practice relating to electricity supply, as well as
any requirements that the Lines Company may impose
relating to use of its local lines network. |
|
|
|
| 3. Type and Quality of Services |
|
|
|
3.1
|
We will supply you with electricity and provide other
associated services as necessary or as agreed in
accordance with your pricing plan or Special Terms (if
any) and we will at all times 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 MARIA and the Electricity
Act 1992); and |
| |
(c) |
good
industry practice.
|
|
|
3.2 |
In order to
supply you with these services you may be required to
provide us with a certificate of compliance issued or
approved by the Lines Company that certifies that the
wiring to your Connection Point complies with industry
standards and regulations. We will be under no
obligation to provide you with electricity or associated
services until any required certificate of compliance
has been provided. |
|
|
|
| 4. Responsibility for
Electricity Supplied |
|
|
|
4.1
|
Responsibility for electricity passes to you on delivery
of electricity to your Connection Point.
|
|
4.2 |
You agree to
notify us, in advance, of any significant and
foreseeable change in your electricity consumption
volume or pattern, or of any proposed change in
Equipment at your premises that may affect your
electricity supply in any material way. |
|
|
|
| 5. Ownership and Responsibility
for Equipment |
|
|
|
5.1
|
You are responsible for repairing and maintaining all
Equipment on your premises that is not owned or provided
by us or Our Representatives.
|
|
5.2 |
You agree not
to claim, nor attempt to give any other person, any
ownership or security rights in any Equipment on your
premises owned by us or Our Representatives.
|
|
5.3 |
You further
agree:
|
|
(a) |
to
protect all Equipment on your premises from
damage and unauthorised interference; |
| (b) |
not
to interfere with, damage, or remove from your
premises 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 your property (if you do not, we may give you
written notice requiring you to clear the trees
and vegetation within a specified time); |
| |
(d) |
to
immediately notify us of any damage to, or
interference or fault with, any Equipment on
your premises; |
| |
(e) |
to
use electricity safely and ensure all wiring,
fittings, and Equipment on your premises are
electrically safe, and ensure that only suitably
qualified tradespersons carry out any required
work on the wiring, fittings, and Equipment on
your premises; |
| |
(f) |
to
provide, on a continuing basis, safe and secure
housing for all Equipment on your premises; |
| |
(g) |
not
to connect one Connection Point to another, or
interfere with our or any other person's
electricity supply; and |
| |
(h) |
not
to let electricity supplied to your premises be
taken illegally or used at any other premises.
|
|
|
5.4 |
You may not,
without our prior written consent, connect or modify any
Equipment on your premises so as to enable any
electricity generated on the premises to be conveyed
through the Lines Company's network. Any consent by us
may be subject to such conditions as we or the Lines
Company may reasonably require for the protection of any
Equipment on your premises belonging to us, Our
Representatives, or the Lines Company, or the Lines
Company's network and/or the supply of electricity to
you or any other person.
|
|
5.5 |
We may charge
you for:
|
|
(a) |
the
cost of our investigation and repairing or
replacing Equipment; |
| (b) |
the
cost of modifying or disconnecting any
generation or other Equipment on your premises
that fails to comply with any conditions
required to be met under clause 5.4; and |
| |
(c) |
the
estimated cost of any unmeasured supply, if
Equipment on your property is damaged or is
interfered with by an unauthorised person.
|
|
|
|
|
| 6. Meters and Testing |
|
|
|
6.1
|
Unless otherwise agreed, the quantity of electricity
delivered to your Connection Point will need to be
measured by a Meter. If there is not a Meter on your
property, or the Meter on your property does not meet
the requirements of MARIA or other applicable standards,
you will need to be supplied with one. We or Our
Representatives may either physically read or
electronically read the Meters on your property.
|
|
6.2 |
If any Meter
used to measure electricity delivered to your Connection
Point is supplied by us or Our Representatives (whether
prior to or during the term of this Agreement), you must
not disconnect or replace such Meter with another Meter
(other than with a Meter also supplied by us or Our
Representatives), or permit such disconnection or
replacement, while this Agreement remains in force.
|
|
6.3 |
If we have
agreed to supply you with unmetered electricity and your
future electricity use is likely to change, then you
must tell us in advance. If your unmetered electricity
use increases you must pay for that increased supply, as
assessed by us.
|
|
6.4 |
You remain
responsible for ensuring that any Meter not provided by
us or Our Representatives meets requirements of MARIA
and other applicable standards, including those relating
to accuracy.
|
|
6.5 |
The Meter
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 MARIA and other industry
rules and protocols shall apply.
|
|
6.6 |
If you think
that the Meter is faulty, we or Our Representatives will
check the Meter for you and charge you for this service.
We will not charge you a fee if the Meter is found to be
producing inaccurate readings.
|
|
6.7 |
If the Meter
is determined, under the relevant provisions of MARIA or
other industry rules and protocols, to be producing
inaccurate readings, then as soon as reasonably
practicable after that determination is made we will
issue a correcting notice. Any adjustment to our record
of your electricity usage will be reflected in
subsequent invoices. Adjustments in your favour will be
credited to your account or you may request repayment by
cheque of any amount of credit that exceeds the amount
payable on your next invoice. If the adjustments are in
our favour, unless otherwise agreed, you will pay the
corrected amount owing to us within 10 Business Days of
us advising you of the amount payable.
|
|
6.8 |
We will
arrange and pay for repair of Equipment provided by us
or Our Representatives, except if we find tampering with
that Equipment. If such tampering has prevented all or
part of the electricity usage at your premises from
being accurately measured, we may disconnect your
supply, take legal action against you, and charge you
(and you will pay) for:
|
|
(a) |
the
estimated cost of the unmeasured electricity due
to that tampering; |
| (b) |
the
cost of repairing, replacing, or re-securing the
Equipment; |
| |
(c) |
the
administration costs involved in investigating
the tampering and preparing an assessment of
electricity usage; and
|
| |
(d) |
a
reconnection fee on reconnection of your supply
should we, at our absolute discretion, agree to
do so. |
|
|
|
|
| 7. Access |
|
|
|
7.1
|
You must ensure that we and Our Representatives have
safe and unobstructed access to your premises during our
or Our Representatives' (as applicable) normal working
hours, or at a time arranged with you, for the following
purposes:
|
|
(a) |
to
inspect or take a reading from your Meter or
verify any metering information; |
| (b) |
to
install, test, inspect, maintain, repair,
replace, operate, or remove the Meter or other
Equipment on your premises owned by us or Our
Representatives; and/or |
| |
(c) |
to
connect or disconnect your Connection Point.
|
|
|
7.2 |
You must also
ensure that we and Our Representatives have safe and
unobstructed access over your premises at any time for
the following purposes:
|
|
(a) |
to
restore electricity in an unplanned outage; |
| (b) |
to
investigate the cause of any interference to
electricity supply; |
| |
(c) |
to
protect, or to prevent damage or danger to,
people or property; |
| |
(d) |
to
disconnect the electricity supply in accordance
with clause 13; |
| |
(e) |
to
remove any Equipment belonging to us or Our
Representatives upon the termination of this
Agreement; and/or |
| |
(f) |
for
any other reason relevant to our or the Lines
Company's provision of electricity supply or
network services.
|
|
|
7.3 |
If you do not
ensure that we or Our Representatives have safe and
unobstructed access to your property or the Meters or
fittings, or if the location or other characteristics of
your property or Meter make it difficult for us or Our
Representatives to access your property and/or read the
Meter, we may charge you for any additional costs
incurred (including any applicable callout or other
fees) and your supply of electricity may be
disconnected.
|
|
7.4 |
The access
rights conferred under this clause 7 are in addition to
any access rights conferred by any statute or
regulation. |
|
|
|
| 8. Bonds |
|
|
|
8.1
|
We may require you to pay a bond as security for
payment. We may use the bond to cover any amount overdue
or otherwise owed to us by you. |
|
8.2 |
We will hold
the bond 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 as
provided in this Agreement. We will refund the bond to
you by either crediting your electricity account or
sending you a cheque, provided your invoices have been
paid in full for a continuous 12-month period, or when
we stop supplying electricity to you and all your
outstanding invoices have been paid in full. No interest
will be payable on the bond. |
|
|
|
| 9. Assessments of Electricity
Usage |
|
|
|
9.1
|
Unless otherwise agreed, our charges for electricity
supply will be based on readings of your Meter or on our
estimates of your usage. |
|
9.2 |
Your Meter
will be read by us or Our Representatives at least once
every 3 months, unless we or Our Representatives are
unable to do so or unless otherwise agreed. If you would
prefer any invoice to be based on an actual Meter
reading instead of an estimate, you may read your own
Meter and provide that reading to us. However,
acceptance of Customer-provided Meter readings is at all
times at our absolute discretion. If you have more than
one Meter on your property, a different pricing plan may
apply to each Meter. |
|
|
|
| 10. Price and Payment |
|
|
|
10.1
|
If there are Special Terms, you agree to pay the prices
(plus GST) set out in the Special Terms for electricity
supplied to your Connection Point and associated
services. You also agree to pay such prices (plus GST)
as we may from time to time charge you for electricity
and associated services not expressly covered under your
Special Terms, including in circumstances where the
services provided are in addition to those services with
specified rates identified in your Special Terms.
|
|
10.2 |
|
|
(a) |
If
there are no Special Terms, or the Special Terms
have expired, you agree to pay the prices (plus
GST) for electricity and associated services as
notified to you by us from time to time or, if
and for so long as we have designated you a
“Market Price Customer”, the prices calculated
in accordance with subclause (b) of this clause. |
| (b) |
Prices for Market Price Customers will be linked
to the prices for electricity on the New Zealand
Electricity Market (“NZEM”) and shall be
calculated as follows:
|
(i) |
If the
Meter(s) provides us with half-hourly
electricity usage data, the actual final
prices on the NZEM for the electricity
supplied, multiplied by the applicable
loss factor (as published from time to
time by the Lines Company), plus a
Market and Management Fee, all
applicable metering and Lines Company
charges, and GST; or |
|
(ii) |
If the Meter(s) does
not provide us with half-hourly
electricity usage data, the average
final price on the NZEM for each of our
designated time bands for the month of
supply, multiplied by the applicable
loss factor (as published from time to
time by the Lines Company), plus a
Market and Management Fee, all
applicable metering and Lines Company
charges, and GST. Prices for Market
Price Customers will change without
prior notice, reflecting changes in
prices on the NZEM. The Market and
Management Fee payable by Market Price
Customers for the provision of
market-linked prices will include all
applicable NZEM fees and charges and
will be as set out in the published
price schedule from time to time. We may
designate you a Market Price Customer,
or remove such designation, at any time,
upon giving you not less than 10
Business Days' notice.
|
|
|
|
10.3 |
Our invoices
may include charges for network services or other
services (that relate directly or indirectly to our
continued supply of electricity to you) provided by the
Lines Company or Transpower or other third parties. You
agree to pay us all such charges (plus GST) in
accordance with clause 10.5 and any other charges
payable by you under this Agreement. We will apply all
such payments on the basis agreed between us and the
Lines Company or Transpower or such third parties.
|
|
10.4 |
We will
invoice you on a regular basis (normally once a month)
for amounts payable by you under this Agreement unless
agreed otherwise.
|
|
10.5 |
You must pay
us the full amount of our invoice within 24 days of the
invoice date. If you fail to do so, we may charge a late
payment fee on the unpaid amount. The late payment fee
will be equal to 4 percentage points above the Interest
Rate, calculated from the due date until the date
payment is received by us. We may also recover from you
any collection costs, revenue recovery costs, legal
fees, or other costs incurred by us relating to late
payment or nonpayment (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 electricity supply may be
disconnected.
|
|
10.6 |
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 16. If the withheld
amount is found to be payable by you, you must pay us
the amount withheld, plus a late payment penalty equal
to 4 percentage points above the Interest Rate
calculated from the due date until the date payment is
received by us. If you have paid a disputed amount and
it is found that we have made an error and charged you
an incorrect higher amount then we will refund the
difference between the incorrect and correct amounts by
crediting your electricity account. |
|
|
|
| 11. Interruptions to Supply |
|
|
|
11.1
|
Your electricity supply (or the supply to controlled
electrical appliances such as hot water cylinders) may
be interrupted or reduced, or your Meter temporarily
disconnected:
|
|
(a) |
for
maintenance or testing of, or for repairs or
alterations to, Equipment or the electricity
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
preserve or protect the proper working of the
electricity distribution network; |
| |
(f) |
to
protect your or another person's electricity
supply, or to connect another person to the
electricity distribution network; |
| |
(g) |
on
the instructions of or by the Lines Company or
Transpower; or |
| |
(h) |
for
Force Majeure reasons.
|
|
|
11.2 |
If we, or the
Lines Company, plan an interruption, we or the Lines
Company (as the case may be) will try to give you at
least 4 days' notice of the interruption either by mail,
by a public notice in a local newspaper, or by
telephone. This notice requirement does not apply to
routine interruptions of supply in accordance with your
pricing plan (e.g., controlled water heating). |
|
|
|
| 12. Sensitive Equipment |
|
|
|
12.1
|
Voltage and frequency fluctuations that can occur are
beyond our control and can damage sensitive electrical
appliances. It is your responsibility to protect your
sensitive equipment. We shall not be liable to you in
any way as a result of any voltage or frequency
fluctuation, except to the extent of any remedies
available to you under the Consumer Guarantees Act (if
applicable). You can reduce the risk of damage from
power fluctuations by installing suitable protection
devices or by making other arrangements to protect your
equipment or meet your special needs. You should contact
your electrician or appliance manufacturer for
information about protection options. |
|
|
|
| 13. Disconnections |
|
|
|
13.1
|
We, the Lines Company, or Our Representatives may
disconnect the electricity supply to you if:
|
|
(a) |
we
need to protect health and safety or prevent
damage to property; |
| (b) |
you
fail to pay 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 electricity, metering, or network
services 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, lines, or
fittings on your property; |
| |
(d) |
we or
any of Our Representatives are denied or cannot
get access to your premises and property for the
purposes of this Agreement for more than 3
months; |
| |
(e) |
you
do not provide a bond when requested by us;
|
| |
(f) |
you
ask to have your supply disconnected; |
| |
(g) |
we
end this Agreement in accordance with clause 17;
or |
| |
(h) |
the
Lines Company requires the supply to be
disconnected either pursuant to your agreement
or our agreement with the Lines Company.
|
|
|
13.2 |
Disconnection
of your electricity supply may be immediate if we or the
Lines Company need to protect health or safety or
prevent damage to property or if we are instructed by
the Lines Company. In any other circumstances 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 final warning no less
than 24 hours before disconnection.
|
|
13.3 |
If we agree,
at our absolute discretion, to reconnect your
electricity 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) |
agreement on a payment arrangement satisfactory
to us; |
| |
(c) |
payment of a reconnection fee; |
| |
(d) |
a
bond or other payment security; and/or |
| |
(e) |
a
prepayment service to be set up.
|
|
|
13.4 |
If your
electricity supply is disconnected at your request
(including temporary disconnections) or because of your
breach of this Agreement then you must pay us on demand
the costs of disconnection and reconnection and all our
associated fees and charges. If we attempt to disconnect
your electricity supply as permitted by this Agreement
but are unable for any reason to do so, we may charge
you for any additional reading(s) of the Meter that may
be required and/or for all our costs associated with the
attempted disconnection. |
|
|
|
| 14. Lines Company Requirements |
|
|
|
14.1
|
We do not own the lines network through which
electricity is delivered to you. The Lines Company 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.
|
|
14.2 |
You may have
an agreement directly with the Lines Company for network
services. In most instances, however, we have an
agreement with the Lines Company to provide network
services to you.
|
|
14.3 |
We or the
Lines Company may charge you directly for network
services or the Lines Company may appoint us 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, 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 require such changes to
be made in circumstances where we are unable to give you
that period of notice, in which case we will try to give
you as much notice as practicable.
|
|
14.4 |
If the Lines
Company 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 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 equipment; |
| |
(c) |
acknowledge that the Lines Company has no
liability to you in relation to the supply of
electricity; |
| |
(d) |
may
be liable for the line 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 the Lines Company; and |
| |
(f) |
must
not connect or disconnect any Equipment to or
from the network.
|
|
|
14.5 |
The terms and
conditions included in this Agreement at the request of
the Lines Company are for the benefit of the Lines
Company, its directors, employees, and authorised agents
pursuant to the Contracts (Privity) Act 1982. |
|
|
|
| 15. Liability |
|
|
|
15.1
|
Nothing in this clause shall limit or reduce your rights
(if any) under the Consumer Guarantees Act 1993, unless
you acquire electricity or other goods and services from
us for the purpose of a business, in which case you
agree that the Consumer Guarantees Act will not apply.
|
|
15.2 |
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.
|
|
15.3 |
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
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 to compensate you
for such loss or damage.
|
|
|
15.4 |
If, for any
reason other than the application of the Consumer
Guarantees Act, we cannot rely on the above exclusions
of liability, 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.
|
|
|
15.5 |
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.
|
|
|
15.6 |
Without limiting the generality of clause 15.5, you will
indemnify us or Our Representatives (as applicable) for
all fines and other penalties for which we or Our
Representatives may become liable due to any failure of
your Meter to comply with the requirements of MARIA,
except where your Meter was provided by us or Our
Representatives.
|
|
15.7 |
This clause
15 is also for the benefit of, and is enforceable by,
Our Representatives pursuant to the Contracts (Privity)
Act 1982. |
|
|
|
| 16. Dispute Resolution |
|
|
|
16.1
|
Our Dispute Resolution Process is a free service and
will apply if you have a complaint or a dispute about
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
online or on request free of charge.
|
|
16.2 |
If you
dispute the correctness of charges on your invoice we
will not disconnect your electricity 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 your property for
Meter-reading purposes.
|
|
16.3 |
Once a
dispute about charges is resolved, we will promptly
credit your account with us with any amount found to be
due to you or you will pay us, within 10 Business Days,
any amount owed to us by you. If you do not pay us
within that time the account will be treated as overdue
and we may charge you late payment fees and/or
disconnect your electricity supply.
|
|
16.4 |
If your
complaint or dispute is not resolved to your
satisfaction using our Dispute Resolution Process, you
may refer your dispute to the Electricity Complaints
Commissioner. |
|
|
|
| 17. Termination |
|
|
|
17.1
|
Subject to any fixed term under your Special Terms (if
any) you may terminate this Agreement by 48 hours'
notice. If you have applied to switch to another
electricity supplier, that supplier will advise us so
that we can together undertake the switch process. You
shall remain our Customer and be liable to us for all
charges until the switch process is completed.
|
|
17.2 |
If you breach
any material term of this Agreement we may, at our
discretion, immediately terminate this Agreement. If you
breach any non-material term of this Agreement, we may
give you 10 Business Days' written notice of default. If
you:
|
|
(a) |
remedy the breach within that 10-Business-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 10-Business-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.
|
|
|
17.3 |
We may also
terminate this Agreement:
|
|
(a) |
at
any time on at least 30 days' written notice to
you, to the extent permitted by law; or |
| (b) |
immediately, if our agreement with the Lines
Company or your agreement (if you have one) with
the Lines Company is terminated.
|
|
|
17.4 |
On
termination of this Agreement, we may disconnect your
supply and immediately cease supplying electricity and
associated services to you.
|
|
17.5 |
You will
remain responsible for paying for all electricity and
associated services supplied to you prior to termination
or disconnection (whichever is the later).
|
|
17.6 |
If you wish
to cease supply to your premises you must give us at
least 48 hours notice to enable us to take a final Meter
reading. |
|
|
|
| 18. Moving Premises and Sale of
Business |
|
|
|
18.1
|
If you move out of your property, you must give us at
least 4 Business Days' advance notice together with
details of your forwarding address. We will arrange for
a final Meter reading to be carried out. The charge for
that service, and our electricity charges, will be
included in your next invoice.
|
|
18.2 |
Depending on
where you move in New Zealand, we may still be able to
supply you with electricity. If you wish us to supply
electricity to you at your new address please give us at
least 4 Business Days' notice. If we agree, at our
absolute discretion, to commence supplying you with
electricity to your new address, your account with us
will, from the date such supply commences, cover both
the supply of electricity and associated services at
your new address and all outstanding charges carried
over from your old address.
|
|
18.3 |
If you sell
or otherwise dispose of the business to be supplied with
electricity under this Agreement, you must give us at
least 4 Business Days' advance written notice, together
with details of the new owner.
|
|
18.4 |
If you do not
give us any of the notifications required under this
clause 18, you will remain liable for all electricity
and associated services supplied to the premises being
supplied until such notice is actually received by us or
the date some other person becomes our Customer in
respect of those premises, whichever is the earlier. |
|
|
|
| 19. Force Majeure |
|
|
|
19.1
|
Neither of us is liable to the other for a delay in or
failure to perform our obligations if that failure
arises directly or indirectly by reason of Force
Majeure. In the event of Force Majeure we will however
try and restore normal services as soon as we are able
to do so. |
|
|
|
| 20. Changes |
|
|
|
20.1
|
We may change these standard terms, our Dispute
Resolution Process, and/or our standard pricing (if not
covered by Special Terms) at any time by giving you at
least 30 days' prior notice.
|
|
20.2 |
Any change in
our prices, frequency of billing, or frequency of Meter
reading will be communicated to you in writing.
|
|
20.3 |
Details of
other changes to this Agreement or the charges we pass
on to you from the Lines Company, Transpower, or other
third parties will be given to you either by letter, by
notice on your invoice, or by notice published in a
newspaper circulated in your area.
|
|
20.4 |
If at any
time we reasonably consider that a serious electricity
supply shortage or other threat to our ability to supply
electricity exists or is imminent (whether due to low
hydroelectric storage lake levels, outage of thermal or
other generation, transmission constraints, or
otherwise), we may declare a Temporary Supply Emergency,
either by written notice or in a public notice in a
local newspaper. 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.
|
|
20.5 |
Notwithstanding any other provision in these terms and
conditions, during any Temporary Supply Emergency we may
make temporary changes to the terms and conditions set
out in this Agreement 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. Any changes made using a Shortened
Notice of Change will automatically expire at the end of
the Temporary Supply Emergency, at which time these
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. |
|
|
|
| 21. Notices |
|
|
|
21.1
|
We may notify you of any matter in accordance with any
express provision of these standard terms. |
|
21.2 |
Without
limiting clause 21.1, but subject to any Special Terms
agreed with you, we will send any written notice or
invoice to you by either:
|
|
(a) |
posting the notice to the last postal address
given; |
| (b) |
delivering the notice to the property supplied
with electricity; |
| |
(c) |
sending the notice to the last facsimile number; |
| |
(d) |
posting the notice on our website
www.mercury.co.nz; or |
| |
(e) |
advising you by email that your invoice is on
our website www.mercury.co.nz.
|
|
|
21.3 |
Notices are
deemed to have been received:
|
|
(a) |
if
personally delivered, on delivery; |
| (b) |
if
posted, on the third day after posting; or |
| |
(c) |
if
sent by facsimile or email or posted on our
website, on successful transmission or, if sent
after 5pm, on the next Business Day after
transmission. |
|
|
|
|
| 22. Information |
|
|
|
22.1
|
You agree to provide us with such information as we may
require from you for the purposes of this Agreement. You
agree that no reasonable request will be refused,
including requests for the supply of information or data
in a specified manner or to a specified timetable.
|
|
22.2 |
We may need
to collect from you personal information (e.g., name,
address, bank details of you, directors, and
shareholders) so we can supply electricity 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
please let us know as soon as possible.
|
|
22.3 |
We will hold
any personal information secure and the person to whom
such information relates may at any time request access
to, or (if necessary) correction of, that information.
We will only use the information for the purpose of
supplying you with electricity and associated services,
and for providing you with information about other goods
and services that we, the Lines Company, or (unless you
instruct us otherwise) other persons may from time to
time wish to offer you.
|
|
22.4 |
We may check
the information or collect other information about you
(and, if applicable, your directors, shareholders, etc.)
from other organisations or people such as credit
agencies and the Lines Company.
|
|
22.5 |
We will not
disclose any personal information to any other person
other than:
|
|
(a) |
the
Lines Company and Our Representatives for the
purpose of carrying out our responsibilities
under this Agreement (this may include any
person or company that undertakes the metering
services on our behalf); |
| (b) |
credit agencies and/or our lawyers for the
purpose of collecting outstanding moneys; |
| |
(c) |
the
other energy suppliers in New Zealand and/or
their agents for credit reference purposes in
the case of Customers who have been disconnected
and/or defaulted on payment; |
| |
(d) |
the
Electricity Complaints Commissioner; and/or |
| |
(e) |
any
person to whom we are required to disclose such
information either by law or in compliance with
MARIA or other electricity industry rules by
which we are bound.
|
|
|
22.6 |
You
acknowledge and agree that we may record our telephone
conversations with you to assist us with complying with
our obligations under this Agreement. If we do so, the
recordings will be kept secure and you may request, at
any time, access to them. |
|
|
|
| 23. Confidentiality |
|
|
|
23.1
|
You agree not to disclose the provisions of any Special
Terms to any other person, except with our prior written
consent. |
|
23.2 |
We each agree
to maintain the confidentiality of each other's
confidential information, and to only use and disclose
such information for the purposes of exercising our
rights or performing our obligations under this
Agreement or as otherwise required by law. |
|
|
|
| 24. Assignment |
|
|
|
24.1
|
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.
|
|
24.2 |
We may
subcontract or delegate the performance of any of our
obligations under this Agreement. |
|
|
|
| 25. Miscellaneous |
|
|
|
25.1
|
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.
|
|
25.2 |
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. We will then promptly negotiate the
relevant terms of this Agreement to restore the original
balance of benefits and burdens.
|
|
25.3 |
On
termination of this Agreement, the following provisions
shall remain in effect until their purpose is served:
|
|
(a) |
clause 5 (Ownership and Responsibility for
Equipment), to the extent it relates to
Equipment not owned by you; |
| (b) |
clause 10 (Price and Payment), to the extent it
relates to amounts incurred but not paid by you; |
| |
(c) |
clause 7 (Access), to the extent necessary for
final readings and removal of Equipment not
owned by you; |
| |
(d) |
clause 23 (Confidentiality); and |
| |
(e) |
clause 15 (Liability). |
|
|
|
|
| 26. Interpretation |
|
|
|
26.1
|
Except where the context otherwise requires:
“ Agreement” means these standard terms and your Special
Terms (if any).
“ Business Day” means a day, other than a Saturday or
Sunday, on which New Zealand registered banks are open
for business in Auckland.
“ Connection Point” means the point at which your
property connects to a circuit breaker, switch, fuse, or
other isolating device on the Lines Company's network.
“ Customer” means a non-residential customer, including
non-profit organisations and businesses.
“ Dispute Resolution Process” means Mercury Energy's
dispute resolution process set out in the published
booklet.
“ Equipment” means any Meter, telemetry equipment, and
other equipment used to measure or record electricity
usage, to transmit or convey electricity usage data, or
to supply electricity to your Connection Point or any
associated equipment (including, without limitation,
fuses, transformers, wiring, and Meter boards).
“ Force Majeure” means an event or circumstance beyond a
party's reasonable control including (without
limitation) any act of God, earthquake, fire, lightning,
flood, storm or other natural disaster, industrial
disputes, civil disturbances, terrorism or malicious
damage, partial or entire failure of the electricity
distribution networks operated by, or actions of or
failure to act by, either Transpower or the Lines
Company, explosion, breakage or accident to any
equipment or facility necessary to supply, deliver or
take electricity under this Agreement, and lack of
generation, but does not include:
|
|
(a) |
any
event or circumstance that arises from an
intentional act or omission of, or failure to
exercise due diligence by, the party seeking to
rely on the Force Majeure event or circumstance;
or |
| (b) |
lack
of funds |
“GST” means goods and services tax as defined by the
Goods and Services Tax Act 1985.
“ Interest Rate” means the Bank of New Zealand's 90-day
bank bill bid rate on the relevant date or, if that day
is not a Business Day, the next Business Day.
“ Lines Company” means the company that operates the
electricity distribution network by which electricity is
supplied to your Connection Point, and for the purposes
of clause 13, includes the Lines Company's directors,
officers, employees, authorised agents, contractors and
professional advisers.
“ MARIA” means the Metering and Reconciliation
Information Agreement dated 21 March 1994, as amended,
varied, or replaced from time to time, and its rules and
applicable codes of practice. MARIA provides a set of
rules that govern the transmission, distribution, and
metering of electricity sold in the New Zealand
Electricity Market.
“ Meter” means metering equipment and other apparatus to
measure the quantity of electricity conveyed and/or
patterns of electricity usage and/or electricity demand,
and any associated relays.
“ Our Representatives” may include any of the following:
|
|
(a) |
our
employees, contractors or agents; |
| (b) |
the
Lines Company's employees, contractors or
agents; |
| |
(c) |
the
Meter reader's employees, contractors or agents; |
| |
(d) |
the
Meter owner's employees, contractors or agents. |
“Special Terms” means the special terms that may have
been agreed between us that add to or modify these
standard terms.
“ Transpower” means Transpower New Zealand Limited.
“ 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.
|
|
26.2 |
Words
importing persons include corporations and vice versa.
|
|
26.3 |
Reference to
any statute or regulations includes a reference to that
statute or those regulations as amended, modified, or
replaced and, in the case of a statute, includes all
orders, ordinances, regulations, and by-laws made under
or pursuant to that statute.
|
|
26.4 |
Unless the
context otherwise requires, the singular includes the
plural and vice versa. |
|
|
|
|