Fixed Price Agreement Special Conditions
(for business customers on the Classic Fixed Rate pricing option for their Half Hour meters only)
For contracts that are for a specified Contract Term:
- Our Standard Terms and Conditions for Business Customers ("Standard Terms") apply to the supply of electricity by us to the premises and points of supply set out in the attached Price Schedule, except as modified by this document. We have included a copy of our current Standard Terms for your information. If there is any inconsistency between the terms of this document, and the Standard Terms, the terms of this document will prevail. For the avoidance of doubt clauses 17.1 and 17.3(a) of the Standard Terms (relating to contract termination) shall not apply to this agreement. This agreement includes this document, the attached Price Schedule and our Standard Terms (together, "Agreement"). Any conditions in your tender document, pricing request or any other communications from you that purport to apply to our Agreement and/or the supply of electricity and associated services to you are excluded and shall not apply unless expressly accepted in writing by Mercury.
- If you accept this Agreement, its terms will apply: At the end of that term, unless a new arrangement has been entered into, your electricity prices will be either our then current standard prices or, if your agreement is based on spot market pricing, the price or price averages (according to your meter type) on the New Zealand Electricity Market, plus applicable fees, charges, and GST. ("Spot Market Linked Prices"). A full description of how Spot Market Linked Prices are calculated is available on request
- if you are a current Mercury customer, for the contract term specified on the attached Price Schedule; or
- if you are currently supplied by another electricity supplier, from the Agreement start date or the date we receive your industry compliant meter data from your existing supplier, whichever is the later, until the end of the contract term specified on the attached Price Schedule
- If you accept this Agreement, its terms replace any prior arrangements that you may have had with us in relation to the supply of electricity to the premises and points of supply set out in the Price Schedule.
- If you are a current Mercury customer and do not accept this Agreement, your rates will change to our current standard prices or Market Linked Prices (as applicable) immediately or at the end of your current contract term, as appropriate.
- Non-Energy Related Charges: The prices outlined in the Price Schedule do not include any charges in relation to electricity transmission and distribution, metering, Government levies or any other non-energy related charges ("Non-Energy Related Charges").We will charge you a fee for these Non-Energy Related Charges, this fee will be specified in each invoice we provide to you. .
- Early Termination Fee: You understand that taking supply from another energy retailer before the end of this Agreement constitutes a breach of this Agreement with Mercury. In the event of such breach (without prejudice to Mercury’s other rights and remedies) or if you terminate the agreement early for any reason (other than our breach), in addition to any outstanding moneys owed by you to Mercury, you will be required to pay Mercury an Early Termination Fee of 1.5 cents per kWh for the forecast electricity consumption for the scheduled remainder of the term of this Agreement, such forecast electricity consumption shall be based on the average kWh you have used over the period beginning on the start date of this Agreement and ending on the date we become aware of your termination of this Agreement plus an administration fee of $140 per ICP (both plus GST if any). The parties agree that such Early Termination Fee represents a genuine pre-estimate of Mercury’s loss and does not constitute a penalty.
- Nothing in clause 6 shall limit your liability under this Agreement, including but not limited to, liability under any Hedge Price Schedule.
- You may not assign, transfer or subcontract your rights or obligations under this Agreement (whether in whole or in part) without first obtaining Mercury’s prior written consent which may be provided or withheld at its complete discretion
- Regulatory Events: We may change this Agreement where reasonably necessary for us to comply with the requirements or consequences of a Regulatory Event and change the prices detailed in the Price Schedule or any other amount payable under this Agreement in response to a Regulatory Event by an amount that we estimate to be a reasonably apportioned amount equivalent to that imposed or increased as a result of the Regulatory Event. We may make the change or changes at any time by giving you at least 30 days prior notice.
- We reserve the right to adjust our pricing if the contract is returned after the offer expiry date.
- For the purposes of this clause: "Regulator" means the Commerce Commission or Electricity Authority, any court or tribunal of competent jurisdiction, any agency, authority, board, department, government, instrumentality, ministry, official or public or statutory person, any local or municipal government or governmental bodies or any other government agency whose activities impact on our business; and "Regulatory Event" means
- any enactment, amendment, replacement or repeal of any law; and
- the lawful making, amendment, clarification or withdrawal of any determination, order, directive, consent, advice, guidance or finding by a Regulator.