Standard Terms & Conditions
for Residential Customers
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.
For Standard Terms and Conditions for Business Customers, please see here
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 and any agreed Special Terms. Together, and as updated or amended from time to time, 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.
1.4 This Agreement applies to the Property for so long as you acquire Energy or other goods and services from us for residential (as opposed to business) purposes. If you move to another property, you may apply to become a Customer in respect of that other property by completing an on-line move form or contacting our Customer Service Representatives, and fulfilling our other criteria.
2.1 You may apply to become or become a Customer in a number of ways, including:
(a) By completing our account application procedures (including in person, with our Customer Service Representatives over the telephone, or by completing an application form in hardcopy or on-line on our website, www.mercury.co.nz); or
(b) You are an existing customer of another Energy retailer whose business or customers we acquire.
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 9 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 (including in respect of Energy consumed in the interim). 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 use Energy as the occupier of a property to which we supply Energy, you will be a provisional customer and (unless we notify you otherwise) you must still make an application to become a Customer in one of the ways stated in clauses 2.1(a) and 2.1(b). We may decline that application, in which case you will cease to be a Customer from such date as we advise, and we may disconnect the Energy supply to you and cease supplying electricity and/or gas and other associated services. You may be required to pay for the Energy consumed in the interim, in accordance with the Industry Standards applicable to pricing and payment.
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.
2.6 More than one person may be the Customer at any property, and each such person will be bound by (and jointly and severally responsible for complying with) this Agreement. We may recover unpaid invoices from any one or more persons who are a Customer.
2.7 You must notify us if you no longer wish to be a joint Customer. We may elect to terminate this Agreement with respect to the outgoing Customer or require the remaining Customers to enter into a new agreement (or elect to do both). If you wish to terminate this Agreement, you must comply with clause 17.1.
2.8 You may nominate a preferred contact person or persons to make decisions and deal with us for you under this Agreement. You confirm that your nominated contact person is 18 years or older. 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:
(a) the date you occupy, or become responsible for the Energy account for the Property or Properties to be supplied under this Agreement; or
(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 Supply of Energy can, by arrangement, commence earlier than the date you occupy, or become responsible for the Energy account for, the Property or Properties to be supplied under this Agreement. You will be responsible for electricity consumed in this earlier period once you enter into this Agreement, and you must pay for such Energy consumed in this period at a rate we notify to you (that rate reflecting the then-current standard price we charge other customers for Energy).
3.3 If Energy is not supplied at the commencement of this Agreement, we will endeavour to commence supply as soon as reasonably practical, subject to any requirements set out in this Agreement.
3.4 This Agreement continues until lawfully terminated.
3.5 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. Your Obligations Regarding Energy Supplied
4.1 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). You can obtain details of your Connection Point by contacting your Lines Company.
4.2 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.
4.3 Unless otherwise agreed, the quantity of Energy delivered to your Connection Point must be measured by a Meter. If there is no Meter on the Property, or the Meter on the Property does not meet the requirements of the Code 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 will inform you of the costs of Meter installation or upgrade prior to undertaking any such works.
4.4 You remain responsible for ensuring that any Meter or other Equipment not provided by us or Our Representatives and the Electrical Installation meets the relevant legal requirements, including the Code, and other applicable Industry Codes and Standards. The obligations are set by the Electricity Authority (EA) and Gas Industry Company Ltd (GIC), and can be found at www.ea.govt.nz and www.gasindustry.co.nz.
4.5 If we supply you with gas, you must comply with the requirements set out at www.energysafety.govt.nz and any updated gas safety material provided to you.
4.6 We are unable to provide you with Energy or other associated services until you provide us with any required certificate of compliance issued or approved by the Lines Company and/or your gas fitter that certifies that:
1. the wiring to your Connection Point complies with all Industry Codes and Standards and Regulations (including Line Function Services safety and technical requirements provided under the Industry Codes and Standards, available at http://www.energysafety.govt.nz/);
2. your gas installation, fittings and appliances comply with all legal requirements and Industry Codes and Standards; and
3. any Meter not provided by us or Our Representatives meets the requirements of the Code and other applicable Industry Codes and Standards.
Your failure to comply with any of your obligations under this clause 4 will constitute a material breach of this Agreement.
5. Type and Quality of Services
5.1 We will supply you with Energy, and provide other associated services as necessary or as agreed, in accordance with:
(a)the requirements set out in this Agreement;
(b) all legal requirements and applicable statutes, regulations, industry rules and codes of practice (including without limitation the Electricity Industry Participation Code 2010, the Electricity Industry Act 2010, the Gas Act 1992, the Gas Regulations 1993 and the Consumer Guarantees Act 1993 (as amended, varied or replaced from time to time) 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) that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances in New Zealand at the relevant time.
5.2 In addition to the standards set out in this Agreement and the applicable Industry Codes and Standards and/or regulations, 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.
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 (including for maintenance of) 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 in any Equipment on the Property owned by us or Our Representatives, or to encumber that Equipment or any part of it or use it as security in any way, or to create any lien upon the Equipment whether for repairs or otherwise. 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 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. Failure to comply with this requirement will be considered a material breach of this Agreement.
6.4 You agree:
(a) to protect all Equipment on the Property from damage and unauthorised interference;
(b) not to interfere with, tamper with, damage or remove from the Property any Meter, Equipment, pipes or fittings belonging to us or Our Representatives and to prevent other unauthorised persons from doing so (except as expressly permitted in this Agreement);
(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 (available from www.energysafety.govt.nz)
(d) to notify us immediately of any damage to, or interference or fault with, any Equipment on the Property;
(e) to cooperate in good faith with our investigations into any such damage to, or interference or fault with, any Equipment;
(f) 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;
(g) 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;
(h) to provide, on a continuing basis, safe and secure housing for all Equipment on the Property;
(i) not to connect one Connection Point to another or interfere with our or any other person’s Energy supply;
(j) not to allow Energy supplied to the Property to be taken illegally or used at any other property; and
(k) to comply with the Lines Company’s standards relating to network connection and the Network Operator’s process relating to network connection as established, amended and replaced from time to time.
Your failure to comply with any of your obligations under this clause 6.4 will constitute a material breach of this Agreement.
6.5 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, on our website (www.mercury.co.nz) or in the telephone directory. The Mercury Energy Faults number is available 24 hours.
6.6 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.
6.7 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 applicable regulations and industry standards (information about which will be provided by our Customer Service Representatives on request) and such terms and conditions as we or the Lines Company may reasonably require.
6.8 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 cost of repairing, replacing, or resecuring the 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 4 or clause 6.7; and
(c) our estimated cost of the unmeasured Energy supplied which we shall determine in our reasonable discretion;
(d) the administration costs involved in investigating the tampering and preparing an assessment of Energy usage; and
(e) a reconnection fee on reconnection of your Energy supply should we, at our absolute discretion, agree to do so.
6.9 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.
6.10 When any of our Equipment is no longer required, or upon discontinuance of our supply of services to you (whether by termination of this Agreement or otherwise) we may, at our discretion having first given you notice of our intention to do so, remove any Equipment which we or Our Representatives own or control in respect of the Property. If, after giving you this notice, you refuse to allow us to recover the Equipment, we may (to the extent lawful) enter any premises where we believe the relevant Equipment may be located, during normal business hours, to recover that Equipment and to that extent we have no liability to you.
7. Meters and Metering data
7.1 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. An explanation of how estimates are calculated will be provided on request.
7.2 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 Code 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 14 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 10.9. However, no credit will be given if we or Our Representatives determine that the Meter has been tampered with.
7.3 Industry Codes and Standards require us to read the Meters on the Property at least once every 4 months. We or Our Representatives will generally endeavour to read the Meters that are on the Property at least once every two months, unless otherwise agreed. We or Our Representatives may read the Meters physically, electronically or by any other method. All Meter Readings will be done in accordance with the Industry Standards and Regulations.
7.4 If you dispute the accuracy of any estimated invoice, you may carry out a Customer Meter Reading and provide that reading to us. We will accept a Customer Meter Reading that meets our reasonable requirements. If it turns out that our estimate was materially inaccurate, we will agree with you any invoicing adjustments necessary.
7.5 Unless we agree in writing, you must not obtain any data or information from our Equipment other than by way of the services we provide to you under this Agreement. Obtaining data or information from our Equipment other than by way of the services we provide to you will not in any way affect our obligation to provide, or your obligation to pay for, the services.
7.6 We may, at any time replace the Meter at your Property with an advanced Meter or any other type of Meter at our sole discretion. You agree that you will not frustrate or delay the replacement of any Meter (including replacing your legacy Meter with an advanced Meter).
7.7 You agree that we own all metering data and any other data collected by the meter. To the extent that any metering data or other data constitutes “personal information” for the purposes of the Privacy Act 1993, we will ensure that the metering data is held by us in accordance with the Privacy Act 1993 and the provisions of clause 23 shall apply.
8.1 We or Our Representatives will provide written notice to you with the purpose and intended timeframe for accessing your Property, other than in circumstances of probable danger to life or property or routine situations or as otherwise contemplated by this Agreement. 10 days written notice will be given under normal circumstances or within a reasonable timeframe if the purpose is to inspect or operate any equipment in connection with generation, conversion, transformation or conveyance.
8.2 If we, Our Representatives, the Network Operator or the Lines Company reasonably believe that there is probable 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 and without prior notice.
8.3 We and Our Representatives will carry proper identification at all times when accessing the Property for any purpose. Contractors will identify themselves when accessing the Property and will provide evidence of identification on request.
8.4 We will make reasonable commercial endeavours to ensure that our employees, and any employees of Our Representatives, accessing your property will act in a courteous, considerate and professional manner at all times, comply with your reasonable requirements, and minimise inconvenience to you and direct impacts on the Property.
8.5 You must ensure that we and Our Representatives have safe, unobstructed and easy 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, commission or decommission, test, inspect, maintain, repair, replace, operate, move or remove Meters or other Equipment owned by us or Our Representatives including removal of any Equipment up to 6 months after termination of supply to you;
(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 6.4(c)
(g) to protect, or to prevent damage or danger to, people or property;
(h) to disconnect the Energy supply in accordance with clause 13; 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.
8.6 Your obligations under this clause include ensuring any animal on the Property is kept under control, and ensuring that you do not threaten, assault or harass any of our, or Our Representatives’, staff or agents or contractors.
8.7 If you do not ensure that we or Our Representatives have safe, unobstructed and easy access, as assessed by us acting reasonably and in good faith, 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 in material breach of this Agreement and will be deemed to have requested that we resolve such access issues and to accept any costs reasonably incurred in relation to resolving such issues (including any applicable callout or other fees). Such additional reasonable costs may include the cost of the equipment and services that we determine are required to resolve such access issues. To avoid doubt, such reasonable 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 13 following the issue of prior disconnection notices in accordance with clause 13.2. Details of our current fees and charges can be found on our website (www.mercury.co.nz) or by contacting our Customer Service Representatives.
8.8 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.
8.9 The access rights conferred under this clause 8 are in addition to any access rights conferred by any statute or regulation.
8.10 Any key provided by you will be stored in a secure facility and used only for the lawful purposes outlined in clause 8. You can request for a key you have provided to be returned by contacting our Customer Service Representatives.
9.1 We may at any time (at our sole discretion) require you to pay a bond or bonds (not exceeding $150 or such other amount as determined by the Electricity Authority or other governing body) as security for payment for Energy and other associated services supplied or to be supplied. If we require you to pay a bond in respect of Energy, we will explain to you why this is required. We may use the bond or bonds to recover any amount overdue or otherwise owed to us by you.
9.2 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 10 below. Your failure to comply with this clause will constitute a material breach of this Agreement.
9.3 We will hold the bond or bonds 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 by crediting your Energy account, 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.
10.1 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. We may also charge you service fees for services provided under this Agreement at our then current rate. You may view our current service fees on our website or request a copy from our Customer Service Representatives. We will notify you if we become aware that you will incur a fee that you have not already agreed to, and where appropriate explain how you can avoid that fee.
10.2 We will determine which Pricing Plan you are eligible for based on your electricity and/or gas usage, your metering installation and applicable credit criteria. If you stop being eligible for the Pricing Plan you are on, or we determine that you would be better suited to a different Pricing Plan, 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.
10.3 Where we change your Pricing Plan prices, transfer you to another Pricing Plan or to an alternative billing arrangement including, by way of example, a prepayment service, 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.
10.4 You agree to pay the charges (plus GST) for Energy supplied to your Connection Point, and any other valid charges (plus GST) payable under this Agreement, including any taxes, fees and levies which we may pass on to you. Your failure to pay any such charges when due will constitute a material breach of this Agreement.
10.5 We will provide you with sufficient information to enable you to check the amount we have invoiced to you for Energy and other products and services, including (where appropriate for the products and services):
(a) the quantity of, and charges for, Energy supplied (or estimated to have been supplied);
(b) all relevant fees and charges payable; and
(c) all other products and services provided to you.
10.6 We will invoice you on a monthly cycle unless you have otherwise agreed. Our invoices will include the identifier number(s) of all installation control points on the Property, and where an invoice includes charges for both electricity and line function services, it will state the name of the Lines Company. An invoice will state whether it is based on an actual Meter Reading or an estimate.
10.7 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.
10.8 If you dispute the accuracy of an invoice, you must notify us of the dispute, and the amount in dispute, as soon as possible (and, in any event, before the due date for payment). The only disputes to which this clause applies are disputes as to accuracy. The undisputed portion of each invoice 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 below. If the withheld amount is found to be payable by you, we will notify you in writing and you must pay that amount within 14 days of the date of that written notice. 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.
10.9 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, we will invoice you for the underpaid amount to the extent reasonable taking into account whether we or you contributed to the error or could reasonably have been expected to know of the error.
No interest is payable on any amount overpaid or underpaid in the case of an incorrect invoice.
10.10 If an invoice is sent more than two months late, and you are not responsible for its lateness, we will consider arrangements with you such as extended time to pay (to at least the length of time covered by the invoice), or adjustments to the amount payable (to the extent reasonable).
10.11 You may pay your invoice by any one of a number of different methods appropriate to the products and services we provide to you. For payment options please see your invoice, contact our Customer Service Representatives or see our website (www.mercury.co.nz).
10.12 We may require you to use, or you may elect to receive, one of our pre-payment products or services, so that you will receive only the amount of Energy and associated products and services for which you have already paid. Such products and services are subject to availability, and if not available, we will provide information on request about other Companies that do offer a pre-payment option. If we provide you with such pre-payment products or services, the supply of Energy and associated products and services may be stopped or reduced if payments are not made when due.
10.13 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.
10.14 Should you request a product or service that involves an additional cost, we will advise you of the additional cost at the time of the request for the product or service, or an estimate if the actual cost is not known.
10.15 Where you owe us overdue amounts, we may require you to enter into debt repayment arrangements (including, by way of example, pre-payment for Energy and associated products or services).
10.16 If we require you to pre-pay for Energy and associated products or services because you owe us overdue amounts, then:
(a) we will give you reasonable notice of the requirement to move to that pre-pay arrangement; and
(b) we may apply up to one half of each pre-payment amount toward payment of that debt and any applicable fees, and the balance of each pre-payment amount as pre-payment for the Energy and associated products and services to be supplied, until the debt is paid in full.
11. Interruptions to Supply
11.1 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 (in which case interruption may occur without prior notice);
(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) by, or on the instructions of, 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 Authority or other regulatory authority; or
(h) for reasons beyond our reasonable control or the reasonable control of the Lines Company or Network Operator; or
11.2 If we, or the Lines Company or Network Operator plan an interruption pursuant to clause 11.1(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 unless you have otherwise agreed. 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).
11.3 If your supply is interrupted for any reason (other than your default) we will restore your supply as soon as reasonably practicable. Should you require an update on a supply interruption, you can contact the Faults number listed on your invoice or in the telephone directory. The Faults number is available 24 hours a day and information on a supply interruption will be updated regularly in accordance with good industry practice.
Voltage and frequency interruptions, fluctuations or reductions (including surges or spikes) in Energy supply can occur at any time, including as a normal part of our operation (including reconnecting your Property), and may damage appliances. It is your responsibility to protect your appliances by installing suitable protection devices (such as surge protection devices) or by making other arrangements to protect your equipment (including by taking out insurance against interruptions, fluctuations or reductions in Energy supply). We will not be liable to you in any way as a result of any such voltage or frequency interruption, fluctuation or reduction in Energy supply, except to the extent required under the Consumer Guarantees Act 1993 (if applicable).
13.1 We, Our Representatives, or a Lines Company or Network Operator may disconnect the Energy supply to you:
(a) if you materially or persistently breach any term of this Agreement;
(b) if 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 corresponding 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) if you ask to have your supply disconnected, either permanently, or temporarily for safety reasons (in which case supply will
cease as soon as reasonably practicable and when safe to do so); or
(d) to the extent that we must do so in response to the Lines Company or Network Operator requiring the supply to be disconnected (whether pursuant to your agreement or our agreement with them). Without limiting the above, the Lines Company may perform a temporary disconnection when:
i. it is necessary to avoid endangering persons or property; or
ii. there has been an occurrence, or there are circumstances, that may adversely affect the proper working of the electricity distribution network or the transmissions system; or
iii. the Lines Company has planned maintenance activities to complete; or
iv. our agreement with the Lines Company otherwise gives them rights to perform a temporary disconnection.
13.2 Disconnection notices will be sent to the address (whether physical or electronic) you have given us, at least 7 working days prior to the intended date of disconnection (provided that notice need not be given if we have entered into a payment arrangement and you default on that arrangement). We will also provide you with a separate final warning no less than 24 hours before the intended disconnection. Energy will only be disconnected on a working day that is not a Friday or the day before a public holiday. Disconnection notices will include the intended time frame within which disconnection will take place, information on the charges you will have to pay for disconnection and reconnection, and the steps you can take to avoid disconnection.
13.3 If we agree to reconnect your Energy supply, we may require one or more of the following prior to reconnection:
(a) proof of payment of outstanding moneys owed to us;
(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, which may include pre-payment for the Energy and other products and services we provide to you;
(e) payment of a bond or other payment security;
(f) a satisfactory arrangement for access to Meters to be made; and/or
(g) a valid certificate of compliance in respect of Equipment installed at the Property.
Our current fees associated with disconnection and reconnection can be found on our website (www.mercury.co.nz) or by calling our Customer Service Representatives.
13.4 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 and reconnection, including the costs of any disconnection or reconnection steps we take.
13.5 You agree that you or a representative for you (who is aged 16 years or over) 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.
13.6 Once you have satisfied the requirements for reconnection, we will restore your supply as soon as reasonably practicable.
14. Lines Company/Network Operator Requirements
14.1 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.
14.2 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.
14.3 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.
14.4 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 Industry Codes and Standards (including Line Function Services safety and technical requirements provided under the Industry Codes and Standards, available at http://www.energysafety.govt.nz/) and the Lines Company’s and/or Network Operator's standards notified to you (including on our website, www.mercury.co.nz);
(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) may be liable for line charges or network charges during a temporary disconnection;
(d) 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;
(e) must not modify, connect or disconnect any Equipment to or from the network; and
(f) 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 6.7.
14.5 If you enter into any agreement or arrangement with any third party in relation to control of your load you must ensure that:
(a) the load is not already subject to the Lines Company's right of control;
(b) the third party does not interfere with or damage the Lines Company's or our Load Control Systems (being, a control and communications system for controlling parts of your load and consisting of loading signalling equipment and load control equipment);
(c) if any damage occurs due to the actions of the third party you must promptly and at your own cost remove the source of the interference and make good the damage;
(d) the third party makes the load available to the Lines Company to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Code) and to meet any applicable service standards for distribution services; and
(e) prior to controlling the load, the third party has entered into an agreement with the Lines Company which sets out the protocols for the use of the load, including the matters set out above and the coordination with the Lines Company of the disconnection and reconnection of load.
14.6 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.
14.7 To the extent required under any agreement we have with any Lines Company, you indemnify any Lines Company against any direct loss or damage caused or contributed to by the fraud of, dishonesty of or wilful breach of these terms and conditions by yourself, arising out of, or in connection with, any services provided by that Lines Company to us under any agreement we have with the Lines Company.
14.8 To the extent permitted by law, you acknowledge that the Lines Company will have no liability to you in contract, tort (including negligence) or otherwise in respect of the supply or non-supply of Energy to you under this Agreement.
15.1 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.
15.2 Unless otherwise stated in this Agreement, we will be liable to you for physical damage to your property to the extent that damage was reasonably foreseeable and results directly from our negligence or breach of this Agreement. Where we are so liable, we will pay the reasonable pre-approved costs of repairing the damage or, at our discretion, replacing the damaged property as your exclusive remedy.
Except to the extent required by statute, 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, where that breach is due to any event beyond our reasonable control;
(ii) the negligence, omission, or any other act of a third party that is not one of Our Representatives; or
(iii) any event beyond our reasonable control; or
(b)any economic loss (including lost profits), indirect or consequential loss or damage;
(c) damage caused to appliances (whether as a direct orwhere this is an indirect result of our acts or omissions),
(d) loss or damage in connection with any interruption or reduction in the supply of gas into the gas network, or the quality of that gas, except to the extent (if any) that we are liable under the Consumer Guarantees Act 1993 to compensate you for such loss or damage.
15.4 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 15.2, then our liability to you, and your liability to us, 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.
This limitation on our and your liability does not apply in the case of fraud, dishonesty or wilful damage to each other's property by either you or us. Nor does this limitation of liability apply where the cost of the electricity, services, fees and charges in this Agreement come to more than the limitation of liability, or if any of the indemnities under this Agreement apply.
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 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 Code 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.
15.7 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. We will provide you with an explanation of where the amount paid to you has come from on request.
16.1 If you wish to lodge a complaint with us please phone our Customer Service Team on 0800 10 18 10, fill in a formal complaint form at http://www.mercury.co.nz/complaint.aspx, or write to us at:
Private Bag 92008
Victoria Street West
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 on request from our Customer Service Representatives or viewed on our website (www.mercury.co.nz).
If we have not resolved your complaint within twenty working days, or forty working days where we have advised you of the reasons for a longer timeframe, then you have the option of contacting Utilities Disputes.
Utilities Disputes is a free and independent disputes service and can be contacted at:
Phone 0800 22 33 40
Post Utilities Disputes Ltd
PO Box 5875
16.2 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 for materially or persistently breaching this Agreement.
16.3 Unless otherwise agreed with a Lines Company, all complaints relating to lines, pipelines network or Connection Points under this Agreement will be referred by us to the relevant Lines Company to manage and resolve pursuant to their dispute resolution process.
16.4 Once a dispute in respect of charges is resolved, clause 10.9 will apply with respect to any amount payable by us or you.
17.1 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 (this is a requirement of the Industry Codes and Standards and applicable Regulations). We will then cease supplying Energy to the Property as soon as reasonably practicable following receipt of such notice from you, and either take a final Actual Meter Reading, estimate how much Energy you have consumed or accept a Meter Reading from you that meets our reasonable requirements. 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 in accordance with the requirements of the Industry Codes and Standards and applicable Regulations. 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.
17.2 We may terminate this Agreement where you materially or persistently breach any term of this Agreement. If you breach any term of this Agreement, and that breach is capable of being remedied, we may give you 14 days’ written notice of default. If you:
(a) remedy that breach within that 14 day period, and fully indemnify us for the consequences of that 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 that breach within that 14 day period and/or do not indemnify us for the consequences of that breach, we may at our discretion, on 1 Business Day’s notice, terminate this Agreement with respect to the corresponding supply of Energy or other products or services.
If you breach any term not capable of remedy we may, at our discretion, immediately terminate this Agreement with respect to the corresponding supply of Energy or other products or services.
17.3 Notwithstanding clause 17.2, we may also terminate this Agreement immediately:
(a) 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;
(b) if you are adjudicated bankrupt; or
(c) in accordance with clause 20.
17.4 On termination of this Agreement, we may, after giving you the required notice, 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.
17.5 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).
17.6 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.
18.1 If you move out of the Property, you must give us at least 48 hours advance notice (this is a requirement of the Industry Codes and Standards and applicable Regulations) 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 valid Customer Meter Reading that meets our reasonable requirements.
The charge for the final Actual Meter Reading service, if applicable, and for Energy supplied 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 Energy. If you wish us to supply Energy to you at your new address, please give us at least 48 hours 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.
18.3 If you do not give us any of the notifications required under clause 18, 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 notifies us that they have become our Customer or the Customer of another Retailer in respect of the Property, whichever is the earlier.
19.1 You acknowledge that, subject to clause 19.3, we cannot be held liable for interruption to the Energy and associated products and services provided to you under this Agreement, or other breach of this Agreement, due to any delay, default or failure of operation by any event beyond our reasonable control, and acts of terrorism, war, accident, act of God, industrial action, embargo, partial or complete network failure, equipment failure or default by you or any other service provider or third party.
19.2 We acknowledge that, subject to clause 19.3, you cannot be held liable for your breach of this Agreement due to any delay, default or failure of operation to the extent caused by any event beyond your reasonable control, including acts of terrorism, war, accident, act of God, industrial action, embargo, partial or complete network failure, equipment failure or default by any third party. You may not claim the benefit of this clause when you have failed or delayed in performance of your obligation to pay money to us under this Agreement, except where you have the financial ability to make payment but you are prevented from doing so by an event beyond your reasonable control affecting a banking system which prevents the relevant funds being transferred from you to us (or our nominee).
19.3 Neither party may claim the benefit of this clause 19 in respect of any event which the party affected could have prevented or overcome that event by exercising a standard of reasonable care.
20.1 We may change these standard terms and conditions, our Dispute Resolution Process, Pricing Plans (excluding any prices that we have agreed to fix under any fixed price plans) and/or Payment Methods at any time by giving you at least 30 days’ prior notice of such change, including by way of example on your invoice or on our website. If the total aggregate invoiced price is increased by more than 5%, we will send you separate written notice of the change as soon as possible (including an explanation of the reasons for 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. Your continued use of the Energy and other products and services we provide to you will be deemed acceptance of those changes. If you do not accept those changes, you must notify us immediately and we may terminate this Agreement.
20.2 If you do not accept any changes to our standard terms and conditions made under clause 20.1, you must notify us no later than 30 days following receipt of prior notice of the proposed change. We will then have the option in our discretion of either terminating this Agreement, or advising you that the Agreement can continue in its current form.
21. Temporary Supply Emergency
21.1 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 or on our website, as contemplated by clause 11.
21.2 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.
22.1 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 or delivering the notice or invoice to the Property or the last postal address given;
(b) advising you by electronic message (including email, facsimile, text or other means) to the last contact address given; or
(c) by a Public Notice or on our website (located at www.mercury.co.nz);
(d) or in person or by telephone.
You acknowledge that written notices include those notices that are stated on, or included with, your invoice.
22.2 Notices are deemed to have been received:
(a) if personally delivered (whether in person or by telephone), on such delivery;
(b) if posted, within two days of posting;
(c) if posting the public notice in a local and/or national newspaper and/or on our website, on the day after the day on which the newspaper is available for purchase and/or our website is updated to include such notification; or
(d) if sent by facsimile or email, on successful transmission or, if sent after 5pm, on the next business day after transmission.
23. Information and Privacy
23.1 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 23.
23.2 We may need to collect, and you hereby consent to us obtaining, your personal information (e.g. name, address, your bank details) so we can supply Energy to you, carry out our responsibilities under this Agreement and otherwise provide products, services or information about products or services (including from third parties) to our Customers. The provision of a driver licence number or other form of identification will also generally be required, unless we notify you otherwise. The information you give us must be correct, complete and up-to-date. If any of the information becomes incorrect or changes, you must let us know as soon as possible. You must promptly cooperate with us and Our Representatives in our efforts to investigate and resolve issues relating to personal information.
23.3 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 collected in accordance with this clause 23 only for the purposes of:
(a) supplying you with Energy and other associated products and services,
(b) operating your account;
(c) improving customer service,
(d) debt recovery (by either us or an assignee);
(e) providing Credit Information (as defined in the Credit Reporting Privacy Code 2004) about you to credit reporting agencies, participating in their monitoring service and receiving updates on the information they hold about you or on any matters which may impact upon our ongoing relationship with you;
(f) conducting market research and obtain your views on products and services offered by us;
(g) conducting data analysis to identify particular products and services that may be of interest to you; and
(h) providing you with information about other goods and services that we, the Lines Company, the Network Operator, our partners and sponsors or (unless you instruct us otherwise) other persons may from time to time wish to offer you.
You consent to receiving commercial electronic messages (including by e-mail, text or other medium) in connection with such purposes. 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.
23.4 We may verify the information or collect other information about you for the purposes set out in this clause 23, from the sources we consider to be appropriate, including (but not limited to):
(a) other organisations or people such as credit reporting agencies, the Lines Company and/or Network Operator and other energy suppliers;
(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);
(c) data collected from mobile applications;
(d) our websites and other websites on which we may, from time to time, interact with you (such as Facebook, Twitter and other social media websites) ; and
(e) directly from you (including through our agents such as telemarketers).
Without limiting the above, we may obtain a minimum of the preceding 12 months' of Energy consumption data from your previous Energy retailer to assist us to supply you with electricity and associated services, and to maximise the benefit of such services to you.
23.5 We will not disclose any personal information to any person other than:
(a) the Lines Company, Network Operator and Our Representatives for the purposes of supplying Energy to you, carrying out our responsibilities under this Agreement and otherwise providing products or services to our Customers;
(b) debt recovery and/or credit reporting agencies and/or Our Representatives and/or our lawyers, and other Energy suppliers in New Zealand and/or their agents;
(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 the Code or other Industry Codes and Standards;
(d) the Ministry of Social Development including Work and Income New Zealand and Family and Community Services, 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 or medical practitioner 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 for the purposes set out in this clause 23, including (but not limited to) government agencies, social services and budgeting agencies, persons nominated by you pursuant to clause 2.8 and joint customers,
and you acknowledge and agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.
23.6 Our Representatives, including debt recovery and credit reporting agencies, to whom we may disclose your personal information may:
(a) pass and disclose that information to other debt recovery and/or credit reporting agencies and their subscribers;
(b) use that information for the purposes of debt recovery and/or credit reporting;
(c) publish that information on their debt recovery and/or credit reporting databases; and/or
(d) provide that information to third parties for purposes of checking repayment history and/or creditworthiness.
23.7 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.
24.1 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.
25.1 Subject to clause 25.6, 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. We will provide to you the contact details for the assignee or transferee, and notify the date on which the assignment or transfer will take effect.
25.2 The Electricity Authority may, by notice to you, assign or transfer our rights or obligations under this Agreement to another Energy retailer if we commit an Event of Default. On giving that notice, we will be released from the obligations assigned or transferred, and the assignee or transferee will assume those obligations. We may provide information about you to the Electricity Authority to provide the information to another Energy retailer if required under the Code. We, the Electricity Authority, or another Energy retailer will provide you the contact details for the assignee or transferee, and notify the date on which the assignment or transfer will take effect. The terms of the assigned contract are subject to the provisions of the Code.
25.3 We may subcontract or delegate the performance of any of our obligations under this Agreement.
25.4 You may not assign your rights or obligations under this Agreement.
25.5 If we are likely to have a receiver, liquidator, administrator or other similar officer appointed, we will take all reasonable steps to ensure the continuity of Energy Supply.
25.6 Without affecting our right to terminate this Agreement, if you are in default under this Agreement, including any payment default in, we may at any time refer or transfer any outstanding payments to debt collection agencies without notice to you.
26.1 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.
26.2 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.
26.3 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 4 (Your Obligations Regarding Energy Supplied);
(c) clause 8 (Access), to the extent necessary for final readings, disconnections and removal of Equipment not owned by you;
(d) clause 9 (Bonds), to the extent it relates to the repayment or application of any bond;
(e) clause 10 (Price and Payment), to the extent it relates to amounts incurred but not paid by you;
(f) clause 15 (Liability);
(g) clause 23 (Information and Privacy); and
(h) clause 24 (Confidentiality).
26.4 The provisions of clauses 6, 7, 8 and 15 are for the benefit of, and enforceable by, both us and Our Representatives pursuant to the Contracts (Privity) Act 1982.
26.5 Clause 25.2:
(a) is for the benefit of, and enforceable by, both us and/or the Electricity Authority pursuant to the Contracts (Privity) Act 1982; and
(b) must not be amended without the consent of the Electricity Authority.
26.6 If you are an Embedded Network Consumer, the following provisions apply:
(a) The owner of the Embedded Network is responsible for the conveyance of electricity via the Embedded Network and, to the fullest extent permitted by law, the Lines Company has no liability to you of any kind in relation to the Embedded Network, whether in contract, tort (including negligence) or otherwise.
(b) Without limiting the provisions of clause 26.6(a), to the fullest extent permitted by law, including where you are acquiring, or holding yourself out as acquiring, Energy for the purpose of a business, any and all warranties, guarantees or obligations imposed on the Embedded Network Owner and the Lines Company (if any) by the Consumer Guarantees Act 1993 or any other law concerning the services provided by the Embedded Network Owner and the goods provided by us are excluded.
27.1. 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.
'Code' means the Electricity Industry Participation Code 2010 as amended, varied or replaced from time to time.
‘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 this Agreement.
'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 email@example.com.
‘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).
'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;
‘Utilities Disputes ’ means a free, independent dispute resolution service of which we are a member, available by phoning 0800 22 33 40 or visiting www.utilitiesdisputes.co.nz.
'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.
‘Energy’ means electricity or gas.
'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 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).
‘Event of Default’ means any event listed in clause 14.55 of the Code.
‘GST’ means goods and services tax as defined by the Goods and Services Tax Act 1985.
'Fitting' means everything used, designed or intended for use, in or in connection with the generation, conversion, transformation, conveyance or use of electricity.
‘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).
‘Mercury Energy Faults’ means the Customer Service Representatives available by calling the Faults number listed on your invoice, on our website (www.mercury.co.nz) or in the telephone book.
'Medically Dependent Consumer' means a domestic consumer who is dependent on electricity for critical medical support, such that loss of electricity may result in loss of life or serious harm. A consumer may contact us 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’ means any person we engage in connection with the products and services we offer to our Customers, and may include third party service providers, our employees or 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 (excluding any pre-payment arrangement) 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 domestic consumer for whom, for reasons of age, health or disability, disconnection of electricity presents a clear threat to their health or wellbeing, and/or it is genuinely difficult for that consumer to pay his or her electricity bills because of severe financial insecurity (whether temporary or permanent).
‘We’, ‘us’, ‘our’ means Mercury NZ Limited and includes its officers, employees, contractors, agents, successors, and assignees.
‘You’ and ‘your’ means you, the Customer.
27.2 Words importing persons include corporations and vice versa.
27.3 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.
27.4 Unless the context otherwise requires, the singular includes the plural and vice versa.
27.5 Reference to persistent breach shall include, by way of example, a breach of this Agreement on three occasions within a 12 month period (regardless of whether each such breach is remedied).