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.
“Code” means the Electricity Industry Participation Code 2010 as amended, varied or replaced from time to time.
“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's dispute resolution process set out in the published booklet.
"Distributed Generation" has the meaning set out in Part 1 of the Code;
"Distributed Generator" means a person who owns or operates Distributed Generation.
"Electrical Installation" has the meaning set out in Part 1 of the Code;
"Electricity Authority" means the independent Crown entity responsible for the efficient operation of the New Zealand electricity market established by the Electricity Industry Act 2010.
"Embedded Network" has the meaning set out in Part 1 of the Code;
"Embedded Network Owner" means the owner or operator of an Embedded Network.
"Embedded Network Consumer" means a consumer with Fittings connected to an Embedded Network.
“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).
"Event of Default" means any event listed in clause 14.55 of the Code.
"Fitting" means everything used, designed or intended for use, in or in connection with the generation, conversion, transformation, conveyance or use of electricity.
“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:
- 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
- lack of funds.
"GST" means goods and services tax as defined by the Goods and Services Tax Act 1985.
“Insolvency Event” means, the happening of any of the following events:
- you are placed into liquidation either by court order or shareholder resolution; or
- you are adjudicated bankrupt (including by debtor petition) or enter into an alternative to bankruptcy as provided for in the Insolvency Act 2006; or
- a receiver, receiver and manager, administrator, voluntary administrator or official or statutory manager is appointed in respect of you or your assets; or
- you enter into, or resolve to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, all or any class of your creditors, or you propose a reorganisation, moratorium or other administration involving any of them; or
- you are unable to pay your debts as and when they become due and payable.
"Industry Codes and Standards" includes all relevant electricity and gas industry codes and standards, rules and protocols.
“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.
“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:
“Special Terms” means the special terms that may have been agreed between us that add to or modify these standard terms.
- our employees, contractors or agents ;
- the Lines Company's employees, contractors or agents;
- the Meter reader's employees, contractors or agents;
- the Meter owner's employees, contractors or agents.
“Transpower” means Transpower New Zealand Limited.
“We”, “us”, “our” means Mercury NZ Limited and includes its officers, employees, contractors, agents, successors, and assignees.
“You” and “your” means you, the Customer.