General Terms and Conditions for Commercial Customers - March 2015

Effective date 17 March 2015
Introduction

We’re a New Zealand owned and operated company, providing great value energy for Kiwi families and businesses. Whether its electricity, natural gas or LPG, you can buy it from us. We have our own electricity generation capability, and source natural gas and LPG from Todd Energy.

We provide a smart mix of energy options to suit your business’ needs which you can find out more about by visiting our Website.

If you have any questions and you would like to discuss these with us, you can contact us by calling our Customer Care Team on 0800 668 236. You can also email us at info@novaenergy.co.nz and we’ll be sure to be in touch.

In the event of an emergency, you can also call our Customer Care Team on 0800 668 236.

Agreement

1.         These General Terms, together with the Supply Contract and any Special Terms set out our relationship with you regarding our supply of Energy and Energy Related Services to you (“the / this Agreement”). This Agreement replaces all prior agreements and understandings relating to our supply of Energy and Energy Related Services to you. You agree to purchase and pay for Energy and Energy Related Services supplied by us on the terms set out in this Agreement.

Becoming our customer

2.         Effective date of this Agreement: This Agreement will take effect and you will become our customer when we have both agreed terms, in one of the following ways:

a.         if you complete a Supply Contract in person, on the date that we have both signed the Supply Contract; or

b.         if you complete a Supply Contract Online, on the date that we confirm our acceptance to you in writing or by some other means; or

c.         if you request to become our customer by telephone, on the date that we confirm our acceptance to you in writing or by some other means.

3.         Acceptance subject to credit and other checks:

a.         We will endeavour to complete our customary pre-acceptance checks, such as consideration of your credit status, your ability to meet our payment and any other criteria before accepting you as our customer.

b.         In some situations however, we may have accepted you as our customer and this Agreement may have taken effect before such checks have been completed, in which case our obligation to supply you Energy and/or Energy Related Services remains subject to us, at our sole discretion, being satisfied with the outcome of such checks.

c.         If, on completion of those checks, we are not so satisfied, we may terminate this Agreement on 7 days’ Notice and, if you are already taking a supply of Energy and/or Energy Related Services from us, disconnect the supply in accordance with clause 67(a).

4.         Supply with no Agreement: If, for any reason, you take a supply of Energy and/or Energy Related Services from us in any period for which there is no Agreement between us governing that supply, we may bill you for that supply on our Standard Rates and Fees.

5.         Initial meter readings at the Site: In most cases, your initial meter reading will be the final meter reading that we obtain from the retailer that previously supplied energy to the Site. If, however, you wish to provide us with a meter reading when you move to the Site, you must do so within one business day of moving to the Site. If the final meter reading we receive from the previous retailer differs from the meter reading that you provide, we may at our sole discretion either (i) accept your reading as the applicable initial meter reading or (ii) at our cost, arrange for a metering service provider to visit the Site and take a reading, which we will then use as your initial meter reading.

6.         Energy supply commencement: Energy supply under this Agreement will commence on the earlier of:

a.         the date on which your Energy supply is Switched from your current energy supplier; or

b.         if specified in the Supply Contract, on the Supply Commencement Date.

If we are not supplying Energy from the effective date of this Agreement, we will use reasonable endeavours to commence supply on the Supply Commencement Date if specified or, if not specified, as soon as practicable.

7.         Exclusive Energy Supply: Except as otherwise provided in this Agreement, you agree that if you purchase from us a particular Energy type for the Site, you will not purchase the same Energy type from any other energy supplier for that Site, for the term of this Agreement.

Site Responsibilities

8.         When to contact us: You must notify us as soon as practicable if and when:

a.         you become aware of any emergency involving the Energy supply or Metering Equipment;

b.         you intend to vacate any Site where you take Energy and Energy Related Services from us;

c.         you expect that your Energy usage and/or requirements are likely to change significantly; you become aware of any circumstances that may prevent or hinder you from meeting any of your responsibilities under this Agreement; and/or

d.         you become aware, or have reason to suspect, that any Metering Equipment and/or associated Energy Supply Equipment and fittings at the Site have been tampered or interfered with, damaged, or may otherwise be inaccurate.

9.         Certificate of compliance: We may, at any time during the term of the Agreement, request that you provide us with a certificate of compliance, issued or approved by a suitably qualified person who certifies that any Energy Installation at the Site complies with all relevant legal and Network Operator connection requirements and relevant industry standards and regulations. We are not obliged to supply you with Energy and Energy Related Services if we are not reasonably satisfied that such Energy Installation so complies.

10.       Protection of your own equipment: You are responsible for protecting your own equipment at the Site. Since there may be planned or unplanned Outages from time to time, we recommend that you:

a.         install protective devices (such as surge protection devices) to protect sensitive equipment from any fluctuations in Energy supply; and

b.         consider arranging suitable insurance which covers damage from Energy fluctuations.

More information about protecting your equipment can be found on our Website.

11.       Gas and LPG pipelines: You will permit us or any relevant Network Operator to lay Gas and/or LPG pipelines on the Site necessary to transport Gas and/or LPG to the Delivery Point or from the Delivery Point to any other delivery point that you require. If you do not permit us to lay such pipelines, we will have no obligation to supply you with Gas or LPG and we may terminate this Agreement on 30 days’ Notice.

12.       Easements: If requested by us, you will use reasonable endeavours to procure for the benefit of us or any relevant Network Operator the granting of an easement over any Gas and/or LPG pipelines on the Site. If you are unable to do so, and we consider (acting reasonably) that such easement is necessary to protect our or the Network Operator’s legitimate commercial interests, we will have no obligation to supply you with Gas or LPG and we may terminate this Agreement on 30 days’ Notice.

13.       Security Interest: You grant a security interest to us in each and every part of any LPG supplied and the LPG Equipment and any other Energy Supply Equipment owned by us as security for payment for that part and of each other parts of LPG supplied and the LPG Equipment and other Energy Supply Equipment supplied to you, and for any other amount owing by you to us from time to time, and for the performance of all your other obligations to us from time to time.

14.       LPG Cylinder and bulk LPG tank delivery: We will use reasonable endeavours to deliver LPG in cylinders or your bulk LPG tank on a regular basis. If you require LPG to be delivered at any time outside the normal delivery schedule, we will use reasonable endeavours to make such deliveries (additional Fees may apply) subject to clause 33 below. However we reserve the right to refuse a delivery request if your request falls outside our normal delivery schedule and/or is, in our opinion, significantly greater than your normal delivery order.

Safety and Emergencies

15.       Your safety obligations:

a.         You are responsible for safety at the Site and must comply with any applicable legal, Network Operator, safety, operational and technical requirements. In particular you must ensure that you:

  1. obtain any necessary consent of the owner of the Site or other person needed for you to satisfy your obligations, and for us, our agents and contractors, the Network Operator or any metering service provider to exercise our rights, under this Agreement;
  2. provide us with sufficient space at the Site to install Energy Supply Equipment necessary to supply Energy and Energy Related Services to the Site;
  3. follow our and any Network Operator’s directions to ensure the integrity, efficiency, security and safety of any Network and of any Energy Supply Equipment or property belonging to us on the Site or connected to the Network; all Energy Supply Equipment and appliances located past the Delivery Point at the Site (including any Energy Supply Equipment owned by a third party) are maintained, kept safe and secure, remain in a state of good repair and comply with all relevant legal and Network Operator connection requirements and relevant industry standards and regulations, and are protected from tampering, unauthorised interference or damage;
  4. never take, or allow any person to take, a supply of Energy from any point before it passes through Metering Equipment applicable to the supply of Energy under this Agreement;
  5. do not prevent or hinder us or our agents and contractors, the Network Operator or any metering service provider’s safe access to the Metering Equipment and any associated fittings or any Energy Supply Equipment to perform our or their obligations (including for delivery, testing, repair, and maintenance);
  6. do not act or allow any person or animal at the Site to act in an intimidating or threatening manner to us, our agents and contractors, the Network Operator or metering service provider (including during telephone conversations with our Customer Care Team);
  7. arrange for any Energy Installation, alteration or maintenance of any Energy Supply Equipment to be done and certified by a suitably qualified person;
  8. keep any trees and vegetation (on or overhanging the Site) trimmed away from all Energy Supply Equipment so as to comply with the relevant regulatory requirements;
  9. do not instal or remove additional appliances that may change the maximum hourly quantity on the Metering Equipment, which could detrimentally affect the Network or the Metering Equipment’s ability to function correctly and safely; and
  10. not, without the prior agreement of the Network Operator and us:
  • inject, or attempt to inject, any Energy into any Network; or
  • convey or receive, or attempt to convey or receive, any signal or other form of communication or any other thing (other than Energy and, where relevant, load control signals) over any Network.

b.         You must contact our Customer Care Team on 0800 668 236 if you believe that the Energy supply at your Site may endanger you, others and/or any property.

16.       Emergencies: In the case of an emergency involving your Energy supply, and only if it is safe to do so, you must shut off the Energy Supply by:

a.         switching off the Electricity at the mains switch; and/or

b.         closing the Gas or LPG valve.

When reconnecting the Gas supply you must contact a certified gasfitter. This will make sure that Gas is safely restored to your Gas Installation and appliances, including re-lighting the pilot lights.

Access to Your Site

17.       Access to your Site: Subject to any other provisions relating to access to your Site, you will provide us, our agents and contractors, the Network Operator and any metering service provider with reasonable, safe and hazard free access to the Site:

a.         for Metering Equipment installation, reading, testing, inspections and maintenance, connections, disconnection and/or removal;

b.         to exchange LPG cylinders, or fill your bulk LPG tank;

c.         to investigate any suspected tampering with any of the Energy Supply Equipment or our property;

d.         for any other purpose necessary for us to perform our obligations at law or pursuant to this Agreement or to enforce our rights under this Agreement.

18.       Exercise of our rights of access to the Site: We will use all reasonable endeavours to ensure that our rights of access to the Site are exercised by giving you reasonable notice of the reason and time that we or our agents and contractors, the Network Operator and any metering service provider require access to the Site. We will also use all reasonable endeavours to:

a.         cause as little inconvenience to you at the Site as is reasonably possible;

b.         comply with your reasonable safety, security and operational requirements; and

c.         observe all proper and relevant Energy industry standards and regulations at all times.

We will not be required to give you notice in cases of emergency or in routine situations, such as to read any Metering Equipment).

19.       Notice of access: Where we or our agents and contractors, the Network Operator and any metering service provider require access to the Site to undertake construction, upgrade, repair or maintenance work, we will give you at least 10 working days’ Notice (unless another time is agreed between us). Where we or our agents and contractors, the Network Operator and any metering service provider require access to the Site to undertake construction, upgrade, repair or maintenance work, we will give you a reasonable amount of Notice. Where we do not receive notice, or adequate notice from a third party (such as the Network Operator or any metering service provider) that they wish to access the Site, we will not be able to give you Notice as reflected above.

20.       Emergency access to your Site: You will provide us, our agents and contractors, the Network Operator and any metering service provider with immediate access to the Site at any time for safety reasons and/or to prevent or mitigate any environmental or property damage and to undertake any urgent work due to any emergency.

21.       Protection of your security: We will (and any third party acting on our behalf will) ensure that any employees, agents or other persons accessing your Site on our behalf will:

a.         identify themselves to you, and if requested, provide you with appropriate identification;

b.         act courteously, considerately, and professionally.

22.       Your keys and security information: We have strict internal security procedures in place to ensure that your keys and security information remain safe and secure. We will store all keys in locked cabinets which are accessible only by authorised members of our staff or authorised contractors. You can find out more about our security procedures by reading our security policy, which can be found on our Website.

Metering and Delivery of Energy

23.       Unit of Energy supply: Both Electricity and Gas will be sold by energy content measured in kWh. Electricity may also be sold by energy content in kW or kVA. LPG may be sold by weight, volume, Energy content or cost per cylinder.

24.       Metering Equipment: The amount of Energy (excluding LPG in cylinders) delivered to the Delivery Point will be measured by Metering Equipment at or near the Delivery Point. If Metering Equipment is not installed at the Delivery Point, or is not available for use, we will arrange for Metering Equipment to be installed prior to commencement of supply, unless we agree with you some other arrangement. Subject to clauses 44 and 45, any cost associated with reading, changing or removing the Metering Equipment outside of the usual meter reading activities will be charged in accordance with our Standard Rates and Fees.

25.       Hire of LPG Equipment: We may rent LPG Equipment to you for the supply of LPG to the Site. The LPG Equipment will at all times remain our property.

26.       Meter reading: We will endeavour to arrange for the Metering Equipment, at each Delivery Point, to be read at least once a month in accordance with relevant industry standards and codes of practice.

27.       Remote reading: We may install at or near the Delivery Point any Energy Supply Equipment necessary to remotely monitor any Metering Equipment on the Site, which may comprise of a meter, an aerial and/or any related smart meter communications equipment (“smart meter(s)”). You acknowledge and agree that we own all metering and any other data collected by a smart meter.

28.       Estimated reading: If, for any reason (whether or not due to a fault in any plant or Energy Supply Equipment owned by us), the Metering Equipment cannot be read on the scheduled reading date or an Accurate meter reading cannot be obtained including by reason of failure to grant access to the Site, then we may determine, at our election, the amount of Energy supplied to the Site by:

a.         any back-up or check meters that are available and which we consider to be Accurate; or

b.         our reasonable estimate of the amount of Energy supplied to that Site using such historical consumption data as we consider appropriate and having regard to your recent consumption trends or some other appropriate method; with a subsequent adjustment to your account after obtaining an Accurate reading of the Metering Equipment (if available).

If you receive an invoice based on an estimate and you wish to provide your own meter reading instead, you must do so within seven days of the date shown on the estimated invoice. Provided you advise us of a valid meter reading within that time, we will amend your invoice based on that reading.

29.       Equipment which is used to measure: If you consider any Metering Equipment, which is used to measure the amount of Energy supplied by us at the Delivery Point, to be inaccurate, you may give us written or verbal notice requesting us to test the accuracy of the Metering Equipment. On receipt of that notice, we will, as soon as reasonably practicable, arrange for the Metering Equipment to be inspected and, if necessary, repaired or replaced.

30.       Inaccuracy due to your fault: If as a result of such inspection, or on our own investigation into the accuracy of the Metering Equipment, it is established that any inaccuracy was due to your actions, we may require you to pay inspection, testing, repair and/or replacement Fees. We may also take legal action against you for any tampering, interference or damage.

31.       Adjustment of account: If an inaccuracy is found in any Metering Equipment which has resulted in you being incorrectly invoiced for the supply of Energy and Energy Related Services:

a.         we will issue a credit for any over-charging that has resulted from the inaccuracy; or

b.         in the case of any under-charging, we will issue an invoice for the under-charged amount that has resulted from the inaccuracy, provided that:

  1. such invoice shall not include charges for any period this is 2 years or more before the date of the invoice; and
  2. in any event, it is reasonable in all the circumstances to issue such invoice (taking into account whether either party contributed in any way to the inaccuracy, or could reasonably be expected to have known about it).

If you have requested the Metering Equipment test and no inaccuracy is found, you will be required to pay for the costs of the inspection of the Metering Equipment in accordance with our Standard Rates and Fees.

Your Energy Supply

32.       Supply of Energy to the Delivery Point: We are responsible for the supply of Energy and Energy Related Services to you at the Delivery Point on the terms of this Agreement and in accordance with good industry practice in New Zealand. We will comply with all applicable legal and industry standards and requirements relating to Energy and metering.

33.       Continuous Energy supply: We will endeavour to maintain a continuous supply of Energy to you.

a.         You may however experience an interruption, suspension or reduction in your Energy supply (“Outage”), which may be planned or unplanned or load management by us, the Network Operator or a metering service provider (“Load Management”). Each of these types of incidents which may affect the continuity of your Energy supply are discussed in more detail below. We are not liable to you for these Outages.

b.         Surges or spikes are momentary fluctuations in voltage or frequency that can occur at any time and are not treated as interruptions to your Electricity supply. These fluctuations can be large and cause damage to many electrical appliances and can occur as a normal part of our operations, for example Energy supply reconnections.

c.         If we have, or are likely to have, a receiver, liquidator, administrator, or similar officer appointed over us, or any of our assets, we will take all reasonable steps to ensure that you receive continuity of your Energy supply.

34.       Outages: You may experience an Outage in your Energy supply:

a.         due to an event(s) beyond our reasonable control (including but not limited to acts of God, industrial actions, war and other hostilities, fire, earthquake, lightning strike, drought, storms, gas field outages, generation plant outages, a critical gas contingency and/or Network constraints);

b.         in an emergency;

c.         if we or the Network Operator reasonably consider that it is necessary to avoid any overload of, damage to, interference with, or to ensure the integrity, efficiency, security, safety or proper maintenance of the Network;

d.         in the case of LPG, due to the unavailability, or interruption of scheduled deliveries of LPG, or because of usage of other customers; or

e.         if required by law or permitted by this Agreement.

35.       Critical contingencies: You must comply with any direction from us to curtail your Gas usage given to you in performance our obligations under the Gas Governance (Critical Contingency Management) Regulations 2008. You should tell us of any events or circumstances that you believe are relevant to your Gas usage during any critical contingency event.

36.       Notice of Outages: Outages are “planned” when we have been given no less than 10 working days’ notice of their occurrence by the entity responsible for that Outage, otherwise they are “unplanned”. We will give you at least 4 working days’ Notice before any planned Outages. We will not be able to give you Notice of any unplanned Outages. In any event, we will endeavour to restore your Energy supply as soon as reasonably practicable after any Outage.

37.       Reporting an Outage: We operate a 24 hour faults service which allows you to report any Outage. This service is available via our Faults team, who you can contact at our Customer Call Centre on 0800 668 236 at any time. Our Faults team will pass the details of your Outage on to the relevant third party (for example the Network Operator (or their agent)) as soon as reasonably practicable.

38.       Outage information: Our 24 hour Faults service will be updated regularly with information relating to any Outage. If you require further information about ongoing Outages you can contact our Faults team at any time.

39.       Load Management: Load Management is where we, a Network Operator or another third party is able to suspend your Electricity supply (“controllable load”) to specific equipment (such as an electric hot water cylinder element) without advance notice to you. This will only happen if you choose to be on a Load Management plan, which we typically refer to as “composite” or “controlled” Pricing Plans. You will only be able to choose a Load Management plan if you have a particular type of Metering Installation. We will advise you whether your Metering Installation can accommodate such Pricing Plans. By choosing a Load Management plan you agree that your Electricity supply may be suspended for a number of reasons including, but not limited to:

a.         managing the system security of Networks;

b.         reducing or optimising costs from Networks;

c.         managing wholesale Electricity price risks;

d.         providing interruptable load into the reserves market; or

e.         if a constrained supply situation exists or is imminent.

40.       We have a contract with the Network Operator: Where we have a contract with a Network Operator to transport Electricity to your Site, you must transfer the rights to your controllable load to us. We may also assign those rights to another party.

41.       You have a contract with the Network Operator: Where you have a contract with the Network Operator to transport Electricity to your Site, you must transfer the rights to your controllable load to the Network Operator for the reasons outlined in clauses 39(a), (b) and (e). Please note that in this situation we retain the right to control your load for any of the other reasons outlined in clauses 39(c) and (d).

42.       Third party Load Management: If you enter into a contract with a third party (that is neither with us or a Network Operator) to manage your controllable load then you must ensure that third party has an agreed arrangement with the Network Operator for the use of the controllable load (including the co-ordination of the disconnection or reconnection of your Energy supply), and that they make the controllable load available to the Network Operator for it to manage Network system security. You also need to ensure that the third party does not interfere with or damage the Network Operator’s or our load control systems. You are liable to promptly and at your cost, fix any damage caused to our / a Network Operator’s load control systems by the third party. You may not let a third party manage your controllable load if we or the Network Operator already have the right to manage that same load.

43.       Energy limitations and restrictions: The Energy Supply Equipment and Metering Equipment installed at the Site have physical Supply limitations and restrictions (“limitations”/“limit”). We reserve the right to limit the Energy supply to the Site should your Energy usage and/or requirements exceed the physical limitations of the Energy Supply Equipment and Metering Equipment installed at the Site. Where we require you to limit Supply, we will provide you a Notice detailing the limitation and outlining the reasons for the limitation and the steps required to address the limitation.

Pricing

44.       Payment for Energy and Energy Related Services: You must pay for all Energy and Energy Related Services that we supply to you in accordance with the provisions of this Agreement.

45.       Rates and Fees: If you have agreed with us on an applicable Pricing Plan (as recorded in the Supply Contract or by some other means), we will charge you Rates and Fees in accordance with that Pricing Plan. Otherwise, we will charge you in accordance with our Standard Rates and Fees. In either case, you must also pay for any other amount provided for under this Agreement or otherwise that we have both agreed you are liable to pay.

46.       Prompt payment discounts: Where you are entitled to receive a prompt payment discount, this will be shown on your invoice. This prompt payment discount is available only if you pay your invoice in full and on time by the due date shown on the invoice. It is not available on account credits, Network rebates or other Fees we may charge you. If we change the prompt payment discount, we will give you 30 days’ Notice in advance subject to any Special Terms that may have been agreed between us.

47.       Changes to Rates and Fees: In some circumstances, we may change the Rates and Fees that we charge you:

a.         Pursuant to Price Change Provisions (if any) that apply to your Energy supply; or

b.         If no Price Change Provisions apply, we may change any aspect of the Rates and Fees that apply to your Energy supply at any time.

c.         In any case, by way of amendment to our standard Fee Schedule.

48.       Notice of changes to Rates and Fees: Subject to clause 49, we will give you 30 days’ Notice in advance of any increase in our Rates and Fees as permitted under clause 47, together with our reasons for that increase. If the relevant increase is greater than 5% and the increase is reasonably likely to have a material effect on your total bill, then we will give you an individual Notice of that increase as soon as possible.

49.       No Notice: We are not required to give you Notice of:

a.         any decrease in the Rates and Fees applicable to your Energy supply; or

b.         any change to our standard Fees Schedule, which is published on our Website; or

c.         any changes that are made at your request, or the request of a third party acting on your behalf, for example requests to upgrade or downgrade your energy supply capacity, or a change to your Pricing Plan, Energy Type or Energy Related Service.

50.       Amendments to Rates and Fees during a billing cycle: Changes to Rates and Fees may take effect from the start of your billing cycle. If not, we will average out the Energy used over the relevant period to determine an average daily usage and then apply the applicable Rates and Fees for each day of the billing cycle to that average. We will show that calculation on your invoice.

51.       If you want to change your Pricing Plan, Energy Type or Energy Related Service: You may change your Pricing Plan, Energy type and/or any Energy Related Services (“product, plan or service”) subject to any Special Terms that have been agreed between you and us, including, but not limited to, any applicable Fees, Metering Equipment and Site supply constraints and events outside our control. If you wish to do this, you should contact us and if you are eligible for the different product, plan or service then we will change the product, plan or service that we supply you with as soon as practicable and let you know of any applicable Rates and Fees.

Invoices and Payments

52.       Invoices: Unless otherwise agreed in writing, we generally send you an invoice each month for your Electricity and Gas use. For LPG customers, we will invoice you in accordance with your usage and rental activity. Subject to clause 55, you must pay each invoice by the due date shown on each invoice. Your invoice:

a.         will itemise the type of Energy, the quantity and the Rates and Fees for the Energy supplied (or estimated to have been supplied), any other relevant Fees for any Energy and Energy Related Services or Energy Supply Equipment supplied to you; and

b.         for Electricity and Gas, will include the identifier number(s) of all installation control points (“ICPs”) at the Delivery Point; and

c.         for LPG, will display the customer number;

d.         will indicate the billing period for which you are invoiced; and

e.         will include the name of the relevant Network Operator(s) for your area.

53.       Estimated invoices: If your invoice is based on an estimate, this will be clearly shown on your invoice.

54.       Payment methods: You can pay your invoices in a number of different ways. To find out about the different methods contact us or go to our Website. We will give you 30 days’ Notice if our payment methods change.

55.       Payment of total invoice: Unless there is a valid dispute about the Rates and Fees, you agree to pay the total amount shown on each invoice whether or not the invoice is based on actual or estimated Energy consumption.

56.       Valid dispute: In the case of a valid dispute about the Rates and Fees that you may owe to us, we will follow the procedure in clause 81 and you only have to pay the portion of the Rates and Fees that is not in dispute. Once the dispute is resolved, and:

a.         the disputed amount is found to be due by us to you, we will credit your account with that amount; or

b.         the disputed amount is found to be due by you to us, you will pay us that amount within 14 days of the dispute being resolved.

c.         If you do not pay us within the 14 day period, or you do not make payments of any amounts not in dispute, these amounts will be treated as overdue for the purposes of clause 57.

57.       Overdue payment of invoices: Subject to clause 55, if you do not pay any invoice by the due date, we may:

a.         charge you interest at a rate of 1.5% per month on the unpaid amount; and

b.         take steps to recover payment from you and you agree to pay any collection costs, legal fees and any other costs incurred by us on demand.

This does not affect our right to disconnect your Energy supply as set out in 67(e).

58.       Late receipt of invoices: If an invoice is sent to you:

a.         more than two months after the end of the period it covers, and you were not the cause of the delay, you will have at least the length of time covered by that invoice to pay it (and no interest will be payable in respect of that invoice until the expiry of such time);

b.         more than three months after the end of the period it covers, and you were not the cause of the delay, in addition to having at least the length of time covered by that invoice to pay it, we will negotiate an appropriate discount to the amount of that invoice with you (and no interest will be payable in respect of that invoice until the expiry of 30 days after the appropriate discount to that invoice has been agreed); and

c.         you will not be liable to pay interest in respect of the invoices referred to in clause 58(b) above until the expiry of 30 days after the appropriate discount to that invoice has been agreed.

59.       Bonds: If, based on your previous payment history or any other reasonable grounds, we have concerns about your ability to pay our invoices, we may require an acceptable credit reference from a previous supplier or an additional credit check on you; a bond as security for payment of your account; and/or pre-payment for Energy and Energy Related Services. If we require a bond:

a.         the amount of the bond will be the greater of either $500 or the equivalent of two months’ Energy supply costs for each type of Energy that we supply to you;

b.         we will provide you with the reason(s) why the bond is required;

c.         you must pay the bond to us within 14 days of invoice, or sooner if the bond is a condition of your Energy supply being reconnected;

d.         we may use the bond at any time to offset any debts you owe us (and where we do so, we may require you to put in place a new bond in accordance with clauses 67 and 74);

e.         if you move to another Site, we may apply the bond to that new account;

f.          we will refund any unused portion of your bond to you after 12 months, provided you have met all of your obligations under this Agreement. We will arrange a refund of your bond in accordance with our refund policy. If we retain your bond for more than 12 months, we will provide you with the reason(s) why; and

g.         the bond will be held on trust on your behalf and will not accrue interest.

Termination

60.       Term: This Agreement will continue to apply until it is terminated in accordance with its terms.

61.       Your termination rights: You may terminate this Agreement in the following circumstances:

a.         at any time on 7 days’ Notice to us or on completion of a Switch of that Energy supply to another energy supplier;

b.         as permitted in accordance with the terms of that Pricing Plan (if at all);

  1. immediately on full payment of the Early Termination Fee applicable under that Pricing Plan;
  2. having received a Notice from us proposing amendments to this Agreement, within 30 days of the date of that Notice you elect to terminate by Notice to us; or
  3. as otherwise permitted under clause 63.

62.       Our termination rights: We may terminate this Agreement in the following circumstances:

a.         in accordance with clauses 3, 11 or 12;

b.         on 30 days’ Notice, if:

  1. a Pricing Plan is applicable to your Energy supply;
  2. your:

(aa)      Energy usage deviates from the expected monthly proportion of your Estimated Annual Quantity by more than 20 percent for a consecutive period of 3 months or more; or

(bb)      we become aware that the information about your Site or Metering Equipment configuration or load group that we relied on when agreeing to that Pricing Plan was materially inaccurate, with no fault on our part;

  1. after not less than 14 days’ Notice from us, and you have not been able to agree with us mutually acceptable changes to your Pricing Plan to reflect your actual Energy usage or actual Site or Metering Equipment configuration or load group;

c.         as otherwise permitted under clause 63.

63.       Mutual termination rights: Either you or we may terminate this Agreement by Notice to the other party if:

a.         the other party fails to pay any amount due under this Agreement by the due date and fails to rectify this default after being given 10 working days written Notice to do so;

b.         the other party commits a material or persistent breach of any provision of this Agreement, if upon receiving written notice of a breach and providing the breach is capable of remedying, the party fails to do so within 10 working days of receipt of the notice;

c.         an Excusable Delay continues for more than 30 days or for an aggregate of 60 days in any 12 month period; or

d.         if the business activities of the other party cease or are suspended, in the event of the dissolution, receivership, liquidation, bankruptcy or insolvency of the other party or in the event of the other party making any compromise, assignment, or other arrangement with or for the benefit of its creditors.

64.       Your responsibilities and obligations accruing up to date of termination: Termination of this Agreement does not affect any rights and remedies available to either you or us under this Agreement which have accrued up to and including the date of termination. This includes your:

a.         responsibility to pay all Rates and Fees applicable to any Energy and Energy Related Services supplied by us to you up to and including the date of termination, and all other amounts (including any collection costs, legal fees and any other costs incurred by us in relation to Rates and Fees that are due from you) as required under the terms of this Agreement; and

b.         obligation to provide us, our agents and contractors, the Network Operator and any metering service provider with access to the Site or otherwise as may be reasonably required following termination to this Agreement.

65.       Vacation of Site: Vacation of any Site by you (for whatever reason including business cessation or sale) does not affect your obligations under this Agreement or under any applicable Pricing Plan. You will continue to be liable to pay for all Energy and Energy Related Services supplied by us to the Site (including any Energy supplied to the Site after the final meter readings) even if you have vacated that Site, unless this Agreement has been validly terminated by you.

66.       Removal of our Energy Supply Equipment: Following termination of this Agreement, you must provide us and our employees, agents and contractors free, safe and unobstructed access, during normal working hours to the Site to allow such persons to remove any Metering Equipment, plant or Energy Supply Equipment owned or provided by us.

Disconnection

67.       We may disconnect your Energy supply: We may disconnect your Energy supply:

a.         where your application to become a customer was unsuccessful;

b.         if you request a disconnection;

c.         without Notice:

  1. for safety reasons and/or to prevent or mitigate any environmental or property damage;
  2. where we are requested to do so by the Network Operator on legitimate grounds;
  3. you refuse to provide access to the Site in circumstances where this Agreement requires you to do so;
  4. where you act, or allow any person or animal at the Site to act, in an intimidating or threatening manner;

d.         if you have materially or persistently breached this Agreement in one of the following ways:

  1. fail to comply, within 10 working days of receiving a written Notice, with any steps required by us to remedy any failure by you in meeting your Agreement responsibilities, in circumstances where we have indicated in the Notice that the responsibility is material;
  2. you fail to comply with a request under clause 59;
  3. you have tampered, interfered with or damaged any Metering Equipment or associated fittings at the Site;
  4. you prevent or hinder the proper reading of such Metering Equipment;
  5. you have provided us with incorrect, inaccurate or misleading information that is material to this Agreement;
  6. you fail to comply with a notice provided under clause 43;

e.         in respect of any particular type of Energy supply, for non-payment of any invoiced Rates and Fees owed by you under or in connection with this Agreement to the extent that the unpaid invoice relates to that type of Energy supply, provided that we will not disconnect your Energy supply for non-payment of:

  1. i.          Rates and Fees calculated based on estimated consumption, unless we reasonably believe it is fair and reasonable in the circumstances to do so; or
  2. ii.          invoiced amounts which are disputed by you, where you have notified us of the relevant dispute in accordance with clause 56 and the disputed invoiced amounts have been disputed in good faith;

f.          in circumstances where we have a right to terminate this Agreement; or

g.         if we are required to do so by law.

68.       Notice before disconnecting your Energy supply: Before disconnecting your Energy supply pursuant to clauses 67(a), (b), (d), (e) and (f) we will give you at least 7 working days’ written Notice (plus 3 days for delivery of the Notice), setting out the intended date that disconnection will take place and the steps that you need to take if you wish to prevent disconnection.

a.         If all those steps have not been taken within 10 working days of that Notice we will give you a final warning, by way of a phone call or a notice left at your property, at least 24 hours prior to disconnection (this warning will set out the intended date that disconnection will take place and the steps that you need to take if you wish to prevent disconnection of your Energy supply).

b.         If all steps in the disconnection Notice have not been taken at the expiry of that final 24 hour period, and you have not raised a genuine dispute in accordance with the processes set out in clauses 81 to 84, we will disconnect your Energy supply.

c.         We will only disconnect your Energy supply pursuant to clauses 67(a), (b), (d), (e) and (f) on a working day that is not a Friday or the day before a public holiday.

69.       No notice required before disconnecting your Energy supply: We are not required to give you any Notice before we disconnect your Energy supply where you request a disconnection and in the circumstance set out in clause 67(c). We will not charge you disconnection fees in these circumstances.

70.       Disconnection by third parties: In some circumstances, your Energy supply may be disconnected by other parties, such as a Network Operator for example in instances where you breach your obligations to the Network Operator under this Agreement. Where you have a contract with the Network Operator for Network Operator costs and your Energy supply is disconnected by the Network Operator, you will remain liable to us for any Rates and Fees incurred during the period of disconnection.

71.       Payment of all outstanding Rates and Fees on disconnection: Disconnection of your Energy supply does not affect your obligations under this Agreement or under any applicable Pricing Plan or alter your responsibility to pay all outstanding Rates and Fees, including any disconnection Fees, collection costs, legal fees and any other costs incurred by us in relation to the supply of Energy and Energy Related Services to you. In particular, you will be liable to pay disconnection Fees

72.       Removal of rented Energy Supply Equipment: If you have been renting any Energy Supply Equipment from us and where this Agreement is terminated by either you or us, you must provide us, our employees, agents and contractors free, safe and unobstructed access, during normal working hours to allow such persons to remove any Metering Equipment, or plant owned or provided by us.

73.       Seasonal load disconnections: If your Energy supply is for seasonal purposes and you arrange for a disconnection of your Energy supply, or temporarily terminate your Energy supply to avoid incurring fixed daily charges, you may be required to pay us for any fixed daily charges and/or any disconnection costs we incur in relation to your Energy supply during the off-season period in addition to any additional reconnection Fees. We will give you Notice if this is the case.

Reconnection

74.       We may reconnect your Energy supply: If your Energy supply has been disconnected in accordance with:

a.         Clauses 67(d)(iii) and (e), we may reconnect the Energy supply provided that you:

  1. pay the outstanding bond amount and/or all outstanding Rates and Fees (including any disconnection Fees); and
  2. provide proof of such payment provided accompanied with a notice informing us that you wish to have your Energy supply reconnected;

b.         Clauses 67(b), (c), (d)(i), (d)(ii) and (d)(iv) to (vi), we may reconnect the Energy supply provided that:

  1. you comply with your obligations in terms of this Agreement; and
  2. we are satisfied that your Site is safe;

Once we have received such notice from you and confirmed that payment of the outstanding bond and/or all outstanding Rates and Fees has been received, we will reconnect the Energy supply as soon as reasonably practicable. We may charge you a reconnection Fee and in the case of 67(d)(iii) we may also require a bond.

Your Information

75.       Information to be provided by you: It is important that the information you provide us when you apply to become our customer is accurate and not misleading. If you provide incorrect, inaccurate or misleading information, we may disconnect your Energy supply in accordance with clause 67. You must also, on request, promptly provide us with all necessary and accurate information (including information relating to your likely future Energy consumption requirements) that we may reasonably require to supply Energy and Energy Related Services to you.

76.       Use of your information: We will only use the information collected by us and/or provided by you pursuant for purposes related to supplying you with Energy and Energy Related Services which will include, but not be limited to:

a.         confirming your identity, creditworthiness and other aspects of our assessment of your application to become a customer or to continue to supply you with Energy and Energy Related Services;

b.         invoicing, account maintenance and on-going credit control activities; and

c.         improving our customer services and carrying out market research.

77.       Receiving information about you from third parties: We may obtain information about you and your previous Energy supply (including historic meter reading information, the amount of credit extended, the date when the credit account was opened and whether it has been closed or is still open, whether payments are on time, or whether they are overdue) from third parties at any time before and after you become our customer. These third parties may include credit reporting/checking agencies, other energy suppliers, non-financial credit providers such as telephone companies and various government agencies (for example the Ministry of Justice, the Ministry of Social Development (Work and Income) and the New Zealand Police).

78.       Giving your information to third parties: We may give information about you or your account history, (including positive bill payment information such as information relating to you paying your invoices on time) to:

a.         the Network Operator (or a trust or co-operative that owns the Network Operator);

b.         any metering service provider or any relevant industry body (such as the Electricity Authority, the Gas Industry Company, or the Electricity and Gas Complaints Commissioner) where we are required to do so by law, or deem it reasonably necessary to do so; and/or

c.         an agency employed to recover overdue payments, or to provide credit reporting services.

79.       Storage of your information: Subject to clause 78 we will ensure that all your information is kept confidential and secure and any information relating to an individual will be kept in accordance with the provisions of the Privacy Act 1993. You may request a copy of all information we have about you and your account and may correct such information it if it is wrong.

80.       We may contact you: We may contact you about your account, and send you information such as details of our various payment methods, compliance notifications, our services and products and special promotions from time to time.

Complaints

81.       Our complaints process: If you have a complaint about the supply of Energy and Energy Related Services under this Agreement, please contact us with any problems as soon as practicable. You can raise any complaints (including any disputed amounts owing to us) by contacting our Resolutions Team, on 0800 668 236, or writing to us at PO Box 404 Whakatane 3158, or visiting our Website. Our complaints process is free to use. We will acknowledge your complaint within 2 working days and will make every effort to promptly provide you with a satisfactory response. If we cannot resolve your complaint immediately, we will endeavour to do so within 7 working days. Nothing in this clause 81 shall limit our ability to bring court proceedings seeking a remedy or relief in connection with any breach of this Agreement by you.

82.       Refer your complaint to the Network Operator: We are responsible for managing complaints relating to the supply of Energy and Energy Related Services under this Agreement. However, if it is more appropriate that your complaint is dealt with by the Network Operator or any metering service provider rather than by us, we will refer your complaint to them. We will notify you of this and will give you the name of the relevant company.

83.       Member of the Electricity and Gas Complaints Commissioner Scheme: We are a member of the Electricity and Gas Complaints Commissioner Scheme, so if your complaint is within the jurisdiction of the Scheme, and:

a.         you are not satisfied with our response; or

b.         we have not resolved your complaint within 20 working days, and we have not written to you with good reasons why it will take more time; or

c.         we have not resolved your complaint after 40 working days,

then you may refer your complaint to the Electricity and Gas Complaints Commissioner (www.egcomplaints.co.nz or 0800 22 33 40), which is a free and independent service. You may also wish to write to our Manager Retail Services, or refer the complaint to the disputes tribunal or the court.

84.       Dispute about amounts owing: In the case of a dispute about any amount that you owe us, we will not require you to make payment of the portion of the amount that is in dispute. However, once the dispute is resolved we will promptly credit your account with any amount found to be due to you, or you must pay us within 14 days any amounts which are owed to us by you. If you do not pay us within this time, or you do not make payments of amounts not in dispute, these amounts will be treated as overdue for the purposes of clause 67(e).

Amendments to this Agreement

85.       In any period that a Pricing Plan is applicable to your Energy supply, we may only amend the terms of this Agreement:

a.         on 30 days’ Notice to you, to reflect any legal, regulatory or industry requirement or change affecting the conduct of our business generally;

b.         if, having given you 30 days’ Notice of any other changes, you have not elected to terminate this Agreement under clause 61; or

c.         at any time, with your prior consent.

86.       If no Pricing Plan is applicable to your Energy supply, we may amend the terms of this Agreement (except clause 61(a)) at any time, without your consent.

Assignment

87.       Assignment by you: You may assign your obligations under this Agreement with our prior written consent, which will not be unreasonably withheld.

88.       Assignment by us: We may assign this Agreement, including our obligations to supply you with Energy and Energy Related Services, to another company at any time without your consent, in which case we will advise you of:

a.         the details of the company to which the Agreement is being transferred;

b.         where you may access the information you need to contact that company; and

c.         when the transfer will take effect.

89.       Assignment of Agreement under the Code: Where we commit an event of default as defined by the Electricity Industry Participation Code 2010, either we or the Electricity Authority may assign our rights and obligations under this Agreement to an alternative energy retailer (“Recipient Retailer”), in which case, on assignment, this Agreement will be amended to reflect:

a.         the standard terms that the Recipient Retailer would have offered to a commercial customer immediately before the event of default; or

b.         such other terms that are more advantageous to you , as the Recipient Retailer and the Electricity Authority agree; and

c.         a minimum term and an amount you must pay for cancelling the Agreement before the expiry of the minimum term, as determined by the Recipient Retailer or the Electricity Authority.

This clause 89 is, for the purposes of the Contracts (Privity) Act 1982, inserted for the benefit of, and is enforceable by, the Electricity Authority and may not be amended without the consent of the Electricity Authority.

Liability and Risk

90.       Liability generally: Each of us will only be liable to the other for direct and foreseeable loss incurred by the other party as a result of default under this Agreement or negligence of the first party.

91.       General exclusions: Neither of us will be liable for:

a.         indirect or consequential loss suffered by the other party (whether arising in contract, tort or otherwise); or

b.         any loss that we have caused or contributed to where we were acting as a reasonable and prudent operator; or

c.         any failure or delay in performing an obligation under this Agreement (other than an obligation to make a payment when due) if due to a cause reasonably unforeseeable or beyond the control of a party and that party has used its commercially reasonable endeavours to perform its obligations on time despite the cause.

92.       Exclusion of Consumer Guarantees Act: You acknowledge and agree that for the purposes of section 43 of the Consumer Guarantees Act 1993 (“CGA”) and section 5D of the Fair Trading Act 1986 (“FTA”):

a.         pursuant to this Agreement, all Energy and Energy Related Services are being supplied and acquired in trade;

b.         you are in trade;

c.         to the extent permitted by law, you agree with us to contract out of the CGA and sections 9, 12A, 14 and 14(1) of the FTA; and

d.         it is fair and reasonable that you are bound by this clause 92.

93.       Liability cap: The liability (whether arising in contract, tort or otherwise) of each of us to the other under this Agreement is limited to:

a.         $20,000 in relation to any one event; and

b.         $50,000 in aggregate in any consecutive 12 month period;

provided that this clause 93 does not apply to where that liability resulted from wilful default of this Agreement.

94.       No limitation: Nothing in clauses 88 to 91 limit any payment obligation that you have under this Agreement (including any obligation to pay any applicable early termination fee).

95.       Third party compensation for loss or damage: If we receive compensation from a third party such as a Network Operator for losses resulting from the interruption of your Energy supply, we will pass on an appropriate portion of that compensation to you and, if requested, we will provide you with an explanation of how the amount passed on was calculated.

96.       Risk: Every risk in relation to the supply of Energy and Energy Related Services by us to the Site will pass to you at the Delivery Point.

General

97.       Unmetered Electricity Supply: If we have agreed to supply you with Unmetered Electricity (eg. street lighting or electric fencing), you must pay for it in accordance with our Unmetered Supply Rates. You agree to tell us if your Unmetered Supply changes (for example, if you change the type of Energy that you use or intend to use, the times that you use Energy or the volume of Energy usage changes materially). We may, in our discretion, withdraw your Energy supply if your Unmetered Supply does not comply with industry or third party guidelines for duration or energy consumption.

98.       Network and other agreements: In order to meet our obligations to you under this Agreement, we may have to enter into agreements with other parties, including one or more Network Operators. If we do that, you agree to comply with any requirement of the Network Operator and any obligation or requirement set out in any such agreement intended to be passed onto you will be binding on you. We will endeavour to maintain a list of current obligations and requirements on our Website.

99.       Embedded networks: If your Site is connected to an embedded Electricity Network, the owner of the embedded Network is fully responsible for the conveyance of Electricity via the embedded Electricity Network, not the Network Operator. We may supply an embedded Electricity Network at our discretion. Where we do not wish to supply an Electricity Network, we will give you Notice you in accordance with the provisions of this Agreement.

100.     Contracts (Privity) Act 1982: Clauses 9, 11, 12, 15, 17, 18, 19, 20, 33(a), 34(c),37, 39, 40, 41, 42, 52(e), 64(b), 67(c)(ii), 70, 78(a), 82, 95, 98, 99 are for the benefit of and will be enforceable against you by the Network Operator under the Contracts Privity Act.

101.     Confidentiality: Except as required by law or authorised by us in writing, you must keep confidential all information relating to this Agreement, including the terms of the supply of Energy, the pricing relating thereto, and any related correspondence.

102.     Entire agreement: These terms and conditions, along with the terms contained in the Supply Contract and any Special Terms, record the entire agreement between us and you, and supersedes and cancels any prior written or oral understanding, agreement or arrangement concerning the subject matter of this Agreement.

103.     Further assurances: You and we will execute all other documents and do all other acts and things as may be reasonable to implement and to carry out its obligations under, and the intent of, this Agreement.

104.     Waiver: No delay or failure to act is a waiver. No waiver is effective unless it is in writing.

105.     Survival: Each provision in this Agreement, which by its nature is intended to survive this Agreement, will remain enforceable until no longer relevant.

106.     Severability: In the event that any term or provision of this Agreement is be held to be invalid, void, or unenforceable, the remainder of this Agreement will not be affected, impaired, or invalidated, and each such term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.

Interpretation / Definitions

107.     Interpretation: In this Agreement, unless the context otherwise requires:

a.         headings are inserted for convenience only and will be ignored;

b.         references to legislation or to any provision of any legislation (including regulations and orders) includes that legislation or provision as amended, re-enacted or substituted and any statutory instruments, regulations and orders issued under any such legislation or provision; and

c.         references to a party includes its employees, agents, contractors, successors, permitted assigns, receivers, managers, liquidators or other representatives and to any person includes any form of entity.

108.     Definitions: In this Agreement, unless the context otherwise requires:

“Accurate” having regard to the type of Metering Equipment means that the margins of error advised by us from time to time are in accordance with relevant industry standards and regulations and are not exceeded.

 “Delivery Point” means the point at which Energy transfers from the Network or LPG Equipment into your Energy Installation(s), appliance or reticulation system or such other point as the parties may agree. Generally:

a.         the electricity Delivery Point is usually at the pole fuse for an overhead Site connection and the property boundary of the Site for an underground Site connection;

b.         the Gas Delivery Point is usually where the Gas Installation connects to the outlet of the Gas Metering Equipment;

c.         the LPG Delivery Point is usually the outlet valve connection from the LPG cylinder / bulk tank (or outlet of the LPG Metering Equipment if installed).

There are exceptions to the above definitions of the Delivery Point. For example, if the Energy Supply Equipment entering the Site also supplies other customers, then the Delivery Point is where the Energy supply becomes exclusive to you. In addition, you may be required to pay for, or own and maintain, the shared Energy Supply Equipment required to supply a Site with Energy, which lies between the Network and your point of Energy supply.

“Electricity” means electrical energy supplied by us which complies with standards set out in Part 8 of the Electricity Industry Participation Code 2010.

“Electricity Industry Participation Code 2010” means the rules governing the electricity industry made pursuant to subpart 3 of the Electricity Industry Act 2010 as may be amended, modified, supplemented or substituted from time to time.

“Electricity Installation” means all wiring and electrical Energy Supply Equipment (including internal wiring) associated with the supply of Electricity at the Site.

“Energy” means Electricity, Gas and LPG.

“Energy Installation” means an Electricity Installation, a Gas Installation and/or an LPG Installation (as the case may be).

“Energy Related Services” means the services related to the supply of Energy to the Site, including the rental of any Energy Supply Equipment.

“Energy Supply Equipment” means any equipment used to supply Energy (such as wiring, pipework, fuses, Metering Equipment) including LPG storage vessels or associated equipment.

“Excusable Delay” means any failure or delay in performing an obligation under this Agreement, other than an obligation to make payment when due) if due to a cause reasonably unforeseeable or beyond the control of a party and that party has used its commercially reasonable endeavours to perform its obligations on time despite the cause.

“Fees” generally refers to the amounts we charge for services, generally listed in our standard Fees Schedule which is published on our Website.

“Gas” means natural gas supplied by us under this Agreement that meets the New Zealand standard for reticulated natural gas NZS 5442:2008 as amended or replaced from time to time.

“Gas Installation” means all piping and Energy Supply Equipment associated with the supply of Gas at the Site.

“GST” means goods and services tax and any penalties which a person may be liable to pay under the Goods and Services Tax Act 1985 and includes any other applicable tax, duty or excise.

“LPG” means Liquefied Petroleum Gas supplied by us under this Agreement that meets the New Zealand standard for LPG NZS 5436:1996 as amended or replaced from time to time.

“LPG Equipment” means LPG cylinders and associated Energy Supply Equipment for the supply of LPG at the Site.

“LPG Installation” means all piping and Energy Supply Equipment associated with the supply of LPG at the Site.

“LPG Reticulation System” means any LPG reticulation system or associated Energy Supply Equipment or containers used by us for the distribution of LPG to you.

“Metering Equipment” means all equipment and related communications equipment necessary for us to measure the quantity of Energy supplied under this Agreement including but not limited to meters and relays.

“Network(s)” means as the context requires:

a.         high and low voltage transmission system for the transportation of Electricity; or

b.         high pressure gas transmission system for the transportation of Gas; or

c.         LPG Reticulation System or LPG storage system, and

“Networks” means all of (a), (b) and (c) together.

“Network Operator” means the owner and/or operator of any relevant Network (which for LPG and Gas may mean us).

“Notice” means that we may give you notice by:

a.         place a notice or advertisement in the local daily newspaper;

b.         contact you directly, for example, by sending you a letter or writing you an email;

c.         post a notice on our Website;

d.         include a notice in a customer newsletter;

e.         include a statement in your invoice;

f.          notify you by any other electronic means; and/or

g.         any combination of the above.

“Online” means any form of digital media used and approved by us, including our Website.

“Price Change Provisions” means any special term(s), in any Pricing Plan or otherwise agreed between us, specifying the ground(s) on which we may change one or more aspects of the Rates and Fees that apply to your Energy supply.

“Pricing Plan” or “Plan” mean any pricing plan comprising non-standard Rates, Fees and other terms, where one or more pricing component is fixed for a defined period of time, offered by us (including as described on the Supply Contract or otherwise confirmed in writing by us), at our discretion, to customers from time to time, including as amended in accordance with this Agreement.

“Plan Expiry Date” means the date, specified on the Supply Contract or otherwise agreed between us, on which a Pricing Plan will cease to apply.

“Plan Start Date” means the date, specified on the Supply Contract or otherwise agreed between us, on and from which a Pricing Plan will apply.

“Rates” generally refers to amounts that we charge for the supply of Energy and Energy Related Services.

“Rates and Fees” means, as the context requires:

a.         the rates and fees in any applicable Pricing Plan; or

b.         Standard Rates and Fees.

 “Site” means the site, as specified in the Supply Contract or confirmed in writing by us, to be supplied with Energy and Energy Supply Services under this Agreement.

 “Special Terms” means those relevant terms and conditions which govern a Pricing Plan, and which must be read together with these Terms.

“Standard Rates and Fees” means the standard rates and fees that:

a.         we charge a group or category of customers or customer-types for Energy and Energy Related Service; and

b.         do not qualify as a Pricing Plan.

“Supply Commencement Date” means the date on the Supply Contract indicating the date on which Energy supply will commence.

“Supply Contract” means our application form for Commercial Energy Supply.

“Switch” means, on the applicable industry registry of installation control points, the transfer of responsibility for an installation control point from one energy supplier to another energy supplier.

“Unmetered Electricity Supply” means Energy supply, typically electricity, where the Network Operator has approved the connection of the Energy Installation without the requirement for the installation of Metering Equipment.

“us” or “we” means Nova Energy Limited.

“Website” means www.novaenergy.co.nz.