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Business Fixed Price Agreement Special Conditions

(for business customers on the Classic Fixed Rate pricing option for their non-half hour meters only)

For contracts that are for a specified Contract Term:

  1. The fixed price does not apply to the following, and Mercury reserves the right to pass on any changes in respect of both the Fixed Lines and Energy and Fixed Energy Only options, to:
    1. The New Zealand Government GST rate;
    2. The forecast effect on the price of energy of any future changes to the Government's Emissions Trading Scheme; and
    3. Service fees; and,
    4. Other Charges, which are made up of distribution and other lines company charges, and government imposed taxes, fees and/or levies (including the Electricity Authority levy).
  2. Early Termination Fee: You understand that obtaining electricity from another supplier before the end of your Contract Term (including any renewal terms) is a breach of your Agreement with Mercury and that, in the event of such breach (without prejudice to Mercury's other rights and remedies), in addition to any outstanding moneys owed by you, you will be required to pay Mercury an Early Termination Fee to compensate Mercury for its losses calculated per ICP as $20 (plus GST, if any) for each month remaining in your Contract Term (or renewal term, where applicable), plus an administration fee of $110 (plus GST, if any).
  3. At the end of the Contract Term, and each subsequent renewal term (if any), this Agreement will be automatically renewed for a further Contract Term of equivalent duration (or such other renewal term as you and Mercury may agree) unless:
    1. you or Mercury have given notice of non-renewal in accordance with clause (5); or
    2. clause (6) applies.
  4. Not less than four (4) weeks prior to the end of the Contract Term (and each subsequent renewal term, if any), Mercury will give you written notice either:
    1. advising the energy prices and any changes to this Agreement that will apply to the renewal term; or
    2. electing not to renew this Agreement for a further Contract Term, in which case this Agreement will expire at the end of the then current Contract Term.
  5. You may elect not to renew this Agreement by giving Mercury written notice to that effect not less than 10 business days prior to the end of the Contract Term (or any subsequent renewal term, as applicable).
  6. If, for any reason, Mercury does not notify you of the prices that will apply to a renewal term pursuant to clause (4), this Agreement will expire at the end of the current Contract Term.
  7. If this Agreement is not renewed at the end of the Contract Term (for any reason) then, at the end of the then current Contract Term, Mercury’s then current standard business prices shall apply.
  8. Notwithstanding clause: 1) of these Special Conditions, Mercury has relied on information provided by you, your Lines Company and/or your previous supplier of electricity under this Agreement and if, for any reason, the information provided is incorrect or requires amendment (including, without limitation, in respect of your meter configuration), Mercury may amend the terms of this Agreement in accordance with the corrected or amended information (including changing the fixed portion of your price). Any amendment of this Agreement may apply retrospectively from the start of the Contract Term and you agree to comply with the amendments and pay any amounts owed as a result of our use of the incorrect or amended information.