Easy LTC Terms and Conditions

These provisions are the only provisions which apply between Nova Gas Limited (Nova Energy LPG) and any Customer in relation to the Easy LTC Service offered by Nova Energy LPG. If any other provision is to apply or prevail it must be agreed to in writing by both parties in each case.

  1. Agreement: In consideration of the Customer paying the Service Fees, Nova Energy LPG shall provided the Easy LTC Services on the terms of this agreement.
  2. Services: During Supply Period, provided the Customer has paid all applicable Service Fees, Nova Energy LPG shall, in respect of any site to which Nova Energy LPG delivers LPG to the Customer:
    (a) assess whether the Customer requires:
    (i) a current test certificate under regulation 81 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001; or
    (ii) a compliance check in accordance with a code of practice approved by the Environmental Risk Management Authority under section 78(1) of the Hazardous Substances and New Organisms Act 1996;
    (b) if so, procure the performance of any required certification test or compliance check, at Nova Energy LPG’s sole cost;
    (c) report to the Customer on the outcome of any testing or checks (including providing the Customer with a copy of any certificates, or test reports) procured in accordance with clause 2(b) above.
    (d) monitor the Customer’s ongoing requirement for further testing or checks in terms of clause 2(a) above.
    (together the Easy LTC Services)
    For clarity, the Easy LTC Services does not include, and Nova Energy LPG shall have no obligation or liability whatsoever to the Customer in respect of, any costs of any kind arising from any modification, adaption, upgrade or other work required for any Customer site to achieve any required compliance standard.
  3. Supply period: In respect of any site to which Nova Energy LPG delivers LPG to the Customer, the Supply Period shall commence on the date that Nova Energy LPG agrees to supply the Easy LTC Services and shall terminate on the date determined by either party, as notified in writing to the other party.
  4. No obligation for non-Nova Energy LPG sites: Nova Energy LPG shall have no obligation to provide Easy LTC Services, and no liability whatsoever, in respect of any Customer LPG site that is supplied by another LPG retailer.
  5. Limited warranties: The parties agree that, where the Customer is being supplied Easy LTC Services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply in relation to that service provision. Nova Energy LPG warrants that any testing or checks procured by it on the terms of this agreement shall be conducted by a registered test certifier. Subject to that warranty, to the maximum extent permitted by law, Nova Energy LPG assumes no risk and offers no warranty, guarantee or assurance of any kind whatsoever in relation to the provision of Easy LTC Services.
  6. Service Fees: In consideration of the Easy LTC Services, the Customer shall pay the applicable fees, as notified by Nova Energy LPG from time to time (the Service Fees). Unless otherwise specified, all Services Fees are exclusive of GST.
  7. Early Termination Fee: If the Customer terminates the Supply Period at any time less than 36 months after the last date that Nova Energy LPG procured the performance of any required certification test or compliance check, on demand, the Customer shall pay to Nova Energy LPG the Early Termination Fee. For the purposes of this clause, the Early Termination Fee shall be calculated as A-B, where A = the direct cost incurred by Nova in procuring the relevant test or check and B = the aggregate Service Fees paid by the Customer between the date of the relevant test or check and the termination date. The parties agree that the Early Termination Fee is a genuine pre-estimate of Nova Energy LPG’s loss in the event of early termination of the Supply Period.
  8. Payment: All amounts due to Nova Energy LPG shall be paid by the Customer by the 20th of the month following invoice date or, if the 20th is not a business day, the next business day after the 20th.
  9. Limited liability: Notwithstanding any other provision of this agreement (but without derogating from any other exclusion in this agreement), none of Nova Energy LPG, its directors or representatives will be liable, whether in contract, tort (including negligence) or otherwise to the Customer for any:
    (a) reason beyond Nova Energy LPG's reasonable control;
    (b) indirect loss, consequential loss or loss of profits suffered by the Customer; or
    (c) loss of any kind where Nova has acted as a reasonable and prudent operator.
  10. Limit of liability: Nova Energy LPG is only liable for direct loss or damage caused by Nova Energy LPG to the Customer in relation to this agreement, provided that Nova Energy LPG’s liability in respect of any event or series of related events shall be limited to $1,000 and provided further that Nova Energy LPG’s liability in respect of all claims by the Customer over the Supply Period shall be limited to $5,000.

    11. If you would like to contact us to discuss this please call our friendly team on 0800 668 257 or email us at lpg@novaenergy.co.nz

    Back