General Terms and Conditions for Residential Energy Customers - March 2015

Welcome to Nova Energy

This Agreement governs the supply of Energy and Energy Related Services by Nova Energy to all of its residential customers and, from the date that they become effective under clause 1 or clause 2 below, replace all prior agreements and understandings relating to the supply of Energy and Energy Related Services by Nova Energy to you.

When does this Agreement take effect?

  1. This Agreement will take effect from the earlier of:
    1. the date of your application; or
    2. the date that you first received and used Energy and/or Energy Related Services supplied by us.
  2. If you are already a customer of Nova Energy, this Agreement will take effect, and replace our previous terms of supply, from the expiry of the relevant notice period.
  3. This Agreement shall continue to apply until:
    1. this Agreement is terminated in accordance with clause 82; or
    2. Nova Energy replaces this Agreement with new terms to govern the supply of Energy and Energy Related Services to you.
  4. If more than one person is the customer at any residence supplied by Nova Energy, this Agreement will apply to each person jointly and severally.

When will the Energy supply begin?

  1. If, on the first day of this Agreement, we are not supplying Energy and Energy Related Services to you, we will endeavour to commence supply as soon as possible.
  2. If you purchase LPG in cylinders or bulk tank, we intend to deliver LPG cylinders, and refill bulk tanks, on a regular basis as shown in our delivery schedules. You may request delivery of LPG outside of our normal delivery schedule, and we will use reasonable endeavours to make such deliveries (additional costs may apply).
  1. We will endeavour to maintain a continuous supply of Energy to you. However, depending on the meter(s) or Energy Supply Equipment installed at your residence, your Energy supply may be subject to load management by Nova Energy, the Network Operator or metering service provider. Further, your Energy supply may suffer an Outage:
    1. due to an event beyond the reasonable control of Nova Energy (including acts of God, human events such as industrial actions, war and other hostilities, and natural events such as fire, earthquake, lightning strike and storms);
    2. in an emergency;
    3. if Nova Energy or the Network Operator reasonably considers 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;
    4. in the case of LPG, due to the unavailability, or interruption of scheduled deliveries of LPG, or because of the usage of other customers; or
    5. if required by law or permitted by this Agreement.
  2. If Nova Energy has, or is likely to have, a receiver, liquidator, administrator, or similar officer appointed over it, or any of its assets, we will take all reasonable steps to ensure that you receive continuity of your Energy supply.

How much Notice will you get where there is an Outage?

  1. We will give you at least 4 working days’ Notice before any planned Outages and you can find out more information about any planned Outages by calling our Customer Care Team. We will restore your supply as soon as reasonably practicable after any planned Outage.
  2. We will not be able to give you prior Notice of any unplanned Outages. We will liaise with the Network Operator and endeavour to restore your supply as soon as reasonably practicable after any unplanned Outage.

What should you do if there is a fault?

  1. 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 on 0800 668 236 at any time. Our faults team will pass the details of your Outage on to the Network Operator (or their agent) as soon as reasonably practicable.

How will we keep you updated about Outages or Faults?

  1. Our 24 hour faults service will be updated regularly with information relating to the Outage. You can contact our faults team on 0800 668 236 at any time to access further information about ongoing Outages.

Medically dependent and vulnerable consumers

  1. If you believe that you, or someone living with you, is a medically dependent or vulnerable consumer, please let us know right away. We will work through our verification process with you. The process includes seeking information from a healthcare provider to ensure that your details are kept up to date.
  2. It is your responsibility to provide us with information about your circumstances that may be relevant to any decision we make in relation to disconnecting your Energy supply under the terms of this Agreement. You agree to provide us with information in a timely manner, and to keep us up to date whenever circumstances change.
  3. We may ask you to re-verify that you or the person living with you, qualifies as a medically dependent consumer either once annually, and/or where you have not paid your invoices in accordance with this Agreement.
  4. The Electricity Authority’s guidelines relating to medically dependant and vulnerable consumers can be found at www.ea.govt.nz/consumer.

Your safety responsibilities

  1. You are responsible for events that happen at your residence regarding Energy Supply, and you must comply with any applicable network, safety, operational and technical requirements. In particular, you must ensure that:
    1. all Energy Supply Equipment and appliances located past the point(s) of supply at your residence (including any Energy Supply Equipment owned by a third party) are kept safe and secure. Generally:

      1. the electricity point of supply is usually at the pole fuse for an overhead connection and the property boundary for an underground connection.
      2.  the natural gas and reticulated LPG point of supply is usually where your gas installation connects to the outlet of the gas metering equipment.
      3. for LPG cylinder / tank installations, the point of supply is the outlet valve connection from the LPG cylinder or bulk tank (if the bulk tank provides supply to your property only).

      There are exceptions to the above general rules. For example, if Energy Supply Equipment entering your property is also supplying other customers, then the point of supply is where the 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 your property with Energy which is between the network and your point of supply.

      Please see our website or contact us or the Network Operator if you have any queries.

    2. all meters and any associated fittings at your residence are protected from tampering, unauthorised interference or damage, and that nothing prevents or hinders our access to such meter(s) or any Energy Supply Equipment to perform our obligations and obtain the benefit of this Agreement (including for delivery, testing, repair, and maintenance);
    3. any power lines and wiring from the point of supply to your meter board is maintained and kept in a state of good repair;
    4. all Energy Supply Equipment and appliances installed by you at your residence comply with all relevant legal and Network Operator connection requirements. Nova Energy may request that you provide us with a certificate of compliance, issued or approved by a suitably qualified person, that certifies that any wiring, gas pipe work or LPG installation at your residence which is past the point of supply complies with such relevant industry standards and regulations and we will have no obligation to supply you with Energy or Energy Related Services if we are not satisfied that such wiring, gas pipe work or LPG installation so complies;
    5. any installation, alteration or maintenance of any Energy Supply Equipment is certified by a suitably qualified person;
    6. any trees and vegetation (on or overhanging your property) are kept trimmed away from all Energy Supply Equipment so as to comply with the relevant regulatory requirements. Further information about these requirements can be found on our Website or by calling our Customer Care Team;
    7. there is safe and secure space, and associated wiring at your residence for any metering or Energy Supply Equipment we consider necessary;
    8. you do not act, or allow any person or animal at your residence to act, in an intimidating or threatening manner to us, our agents, the Network Operator or metering service provider (including during telephone conversations with our Customer Care Team); and
    9. you do not, without the prior agreement of Nova Energy and the Network Operator:

      1. inject, or attempt to inject, any Energy into the network; or
      2. convey or receive, or attempt to convey or receive, any signal or other form of communication or any other thing (other than Energy or, where relevant, load control signals) over the network.
  2. You are responsible for protecting your own equipment. Since there may be planned or unplanned Outages from time to time, we recommend that:
    1. you install protective devices (such as surge protection devices) to protect sensitive equipment such as computers, fridges, and microwaves, from any fluctuations in Energy supply; and
    2. you consider arranging suitable insurance which covers damage from Energy fluctuations.

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

    If you are unsure of any of your responsibilities under clause 17 or 18, you can find further information on our Website or by calling our Customer Care Team.

What do you pay for?

  1. You must pay for all Energy and Energy Related Services that we supply to you, in accordance with the provisions of this Agreement.  If you have agreed with us on an applicable pricing plan (as recorded in the application form 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 Rates and Fees applicable to your Site, as published on our Website and amended from time to time. In either case, you must also pay for any other amount provided for under this Agreement or otherwise that we both agreed you will be liable for.
  2. Where you rent cylinders and/or Energy Supply Equipment for the supply of LPG from us, you agree to pay the relevant Energy Supply Equipment Fees as set out on your application form. Any rented Energy Supply Equipment shall at all times remain the property of Nova Energy.
  3. Our Rates and Fees may include fixed charges and/or costs that do not depend on your Energy usage and these may vary depending on the particular pricing plan you are on. There are three main sets of cost components that make up the Rates we charge for the supply of Energy, including:
    1. the provision of the Energy, metering systems and administration services by Nova Energy;
    2. the provision and maintenance of the national transmission systems and the local distribution networks needed to deliver Energy to you; and
    3. taxes, levies, imposts, charges or costs imposed by operation of law including any carbon charges or the cost of activities which Nova Energy deems economically rational for mitigating the incidence of carbon charges that Nova Energy is required to pay.

If you wish to change your pricing plan, products and/or services at any time, please call our Customer Services Team. We will consider your request within 2 working days, and to advise decision and implement any changes within 30 days. Some changes may incur a Fee, the details of which will be set out in our Rates and Fees as published on our website.

Extra products or services

  1. If you request a product or service that involves additional cost(s) or Fees, we will advise you of the additional cost(s) or Fees that are known at the time of your request. If any cost(s) are not known at that time, we will provide you with an estimate of the likely cost(s).

Security interest in relation to LPG

  1. You agree to grant a security interest to Nova Energy in each and every part of the LPG supplied and associated Energy Supply Equipment as security for payment for that part and of each other parts of LPG supplied and the Energy Supply Equipment, and for any other amount you might owe us from time to time, and for the performance of all your other obligations under this Agreement.

When might Nova Energy require a bond or other security?

  1. If, based on your previous payment history or any other reasonable grounds, we have concerns about your ability to pay our invoices, we may ask you to:
    1. provide us with an acceptable credit reference from a previous Energy supplier or agree to us carrying out a credit check on you;
    2. pay a bond as security for payment of your account; and/or
    3. pre-pay for Energy and Energy Related Services.
  2. If we require a bond:
    1. For electricity and natural gas supply, the amount of the bond will not exceed $150 for each type of Energy that we supply you with;
    2. We will provide you with the reason(s) why we require the bond;
    3. You must pay the bond to us within 14 days, or sooner if the bond is a condition of your Energy supply being reconnected;
    4. 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 this clause);
    5. If you transfer to another residence, we may apply the bond to that new account; and
    6. We will refund any unused portion of your bond to you after 12 months, provided you have met all 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.
    7. The bond will be held on trust on your behalf and will not accrue interest.

How will we invoice you?

26. The Charges on each invoice that we send you will be based on our current Rates and Fees, unless we have made a separate agreement with you.

27. Unless otherwise agreed with you in writing, we plan to send you a bill every month for all the Energy and Energy Related Services we provide you. Subject to clause 29, you must pay each invoice by the due date shown on that invoice. For a list of acceptable payment methods, and an explanation of how each method operates, contact us or visit our Website.

28. Our invoices will:

(a)  separately itemise the type, quantity and Rates for the Energy supplied (or estimated to have been supplied), and any Fees for any Energy Related Services or products we have supplied to you;

(b)  for natural gas and electricity, include the identifier number(s) of all installation control points on your property; and

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

29. Unless there is a valid dispute about the Charges, you agree to pay the total amount shown on each invoice whether the invoice is based on an actual or estimated Energy consumption.

30. If your invoice is based on an estimate, this will clearly be shown on your invoice. If you receive an invoice based on an estimate and you wish to provide your own meter reading instead, you must do so within 5 days after the date shown on the invoice. Provided you advise us of a valid meter reading within that time, we will amend your invoice based on this reading. To find how we calculate our estimates please contact us.

31. Subject to clause 29, 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 immediately pay any collection costs, legal fees and any other costs incurred by us in doing so.

This clause 31 does not affect our disconnection rights in clause 40 below.

32. If an invoice is sent to you 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). If an invoice is sent to you 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. In such cases 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.

What happens if you think there might be an error in your invoice?

33. If you give us notice, or we otherwise believe, that there may be an inaccuracy in any meter or associated fitting located at your residence, we will arrange for the meter or associated fitting to be inspected and, if necessary, repaired or replaced.

34. If, as a result of such inspection, or our own investigation, it is established that any inaccuracy was due to your actions, we may require you to pay any inspection, testing, repair and/or replacement costs. We may also take legal action against you for any tampering, interference or damage.

35. If an inaccuracy is found in any meter or associated fitting located at your residence, which has resulted in the amount you have been invoiced for the supply of Energy and Energy Related Services being different from the amount that you should have been invoiced:

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

(b)  in the case of any under-charging, provided that:

  1. no longer than 2 years has passed from the date that such Energy or Energy Related Services were likely to have been supplied; and
  2. it is reasonable in the circumstances (taking into account whether either party contributed in any way to the inaccuracy, or could reasonably be expected to have known about it),  we will issue an invoice for the under-charged amount that has resulted from the inaccuracy.

36. If you have requested a meter or associated fitting to be tested for inaccuracy, and no inaccuracy is found, we may require you to meet the costs of the inspection of the meter or associated fitting.

What happens if Nova Energy makes changes?

37. We may amend our Rates and Fees, or the availability of different payment methods from time to time, but any changes will not apply to you until 30 days after we have given you Notice. However, no such Notice is required in relation to any price changes that are due to you having chosen flexible pricing plan(s) (which may increase or decrease depending on the time and volume of Energy consumption).

38. If we amend our Rates and Fees so that, either:

(a)  any Fee; or

(b)  the total invoiced Rates for the type of Energy supplied, is reasonably likely to increase by more than 5%, and, in the case of any Fee, the increase is reasonably likely to have a material effect on you, we will individually communicate this to you in writing as soon as possible (and not less than 30 days before the change takes effect). Any Notice of an increase to our Rates and Fees will include an explanation of the reason(s) for the increase.

39. If applicable Rates and Fees change during a billing cycle, we will average out the Energy used over the period to determine a daily usage and then apportion your invoice at the different Rates. We will show the consumption at the different Rates on your invoice.

When can we disconnect your supply?

40. We can 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 you refuse to provide access to your property in circumstances where this Agreement requires you to do so;
  3. where we are asked to do so by the Network Operator; or
  4. where you act, or allow any person or animal at your residence to act, in an intimidating or threatening manner;

(d)  if you commit a material breach of this Agreement, including where you:

  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. fail to comply with a request under clause 24;
  3. are established to have tampered, interfered with or damaged any meter or associated fittings at your residence or that you have done anything which prevents or hinders the proper reading of such meter(s);

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

  1. Charges calculated based on estimated consumption, unless we reasonably believe it is fair and reasonable in the circumstances to do so; or
  2. Invoiced Charges which are disputed by you, where you have notified us of the relevant dispute in accordance with clause 75 and the Charges have been disputed in good faith;

(f)  if we are required to do so by law, or by industry regulation.

In the case of any disconnection under this clause 40, we will comply with the relevant part(s) of our disconnection procedure below.

41. Disconnection of your Energy supply does not alter your responsibility to pay all outstanding Charges including any disconnection Fees, collection costs, legal fees and any other costs incurred by Nova Energy in relation to Charges that are due from you.

42. In some circumstances, your supply may be disconnected by other parties, such as the Network Operator, including where you breach your obligations under this Agreement.

43. Where you have a contract with the Network Operator for line services, if your Energy supply is disconnected by the Network Operator, you will remain liable to us for any Charges incurred during the period of disconnection.

What is the process for disconnection by Nova Energy?

44. We are not required to give you any Notice before we disconnect your Energy supply in the circumstance set out in clause 40(c). We will not charge you a disconnection fee in respect of any such disconnection. We may however charge you a disconnection fee where we disconnect your Energy supply in the circumstances set out in clause 40(a), (b), (d), (e) and (f).

45. Before disconnecting your Energy supply pursuant to clause 40(a), (d) or (e) we will give you at least 7 working days’ written 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. 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). 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 75 to 76, we will disconnect your Energy supply. Nova Energy will only disconnect your Energy supply pursuant to clause 40(a), (d) or (e), on a working day that is not a Friday or the day before a public holiday.

46. If you have been renting any Energy Supply Equipment from us, where this Agreement is terminated by either of 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.

How do you get reconnected?

47. If your Energy supply has been disconnected  in accordance with:

(a)  clauses 40(d)(ii) and (e), you can get your supply reconnected by:

  1. paying any outstanding bond amount and/or all outstanding Charges owed on your account (including any disconnection or other Fees); and
  2. providing us with proof of such payment, accompanied with a notice informing us that you wish to have your supply reconnected;

(b)  in accordance with clauses 40(b), (c), (d)(i), (d)(iii) and (f), we may reconnect the supply provided that:

  1. you comply with your obligations in terms of this Agreement; and
  2. we are satisfied that your Site is safe; and
  3. you have given us a notice informing us that you wish to have your supply reconnected.

(c)  in accordance with clause 40(a) we may reconnect the supply provided that:

  1. we approve your application to be our customer; and
  2. we are satisfied that your Site is safe; and
  3. you have given us a notice informing us that you wish to have your supply reconnected.

48. Once the applicable criteria above have been satisfied, we will reconnect your Energy supply as soon as reasonably practicable. In such circumstances, we may charge you a reconnection Fee and require an additional form of security such as another bond.

What if your Energy needs change?

49. You must notify us as soon as practicable if:

(a)  you expect your Energy usage to change significantly, or cease, at any time;

(b)  you intend to vacate any residence at which you take a supply of Energy from Nova Energy;

(c)  you become aware of any emergency involving your Energy supply or Energy Supply Equipment (in the case of an emergency involving your gas supply, only if it is safe to do so, you should also shut off the supply by closing the gas valve at the meter or for electricity, at the main switch); or

(d)  you become aware of any circumstances that may prevent or hinder you from meeting any of your responsibilities under this Agreement; or

(e)  you become aware, or have reason to suspect, that any meters and/or associated fittings at your residence have been tampered or interfered with, damaged, or may otherwise be inaccurate.

What if you want to end this Agreement?

50. You may terminate this Agreement in the following circumstances:

(a)  if there is no pricing plan applicable to your Energy supply, at any time on 7 days’ Notice to us or on completion of a switch of that Energy supply to another energy supplier; or

(b)  if there is a pricing plan applicable to your Energy supply (including where a pricing plan has been agreed between us but is not yet in force):

  1. as permitted in accordance with the terms of that pricing plan (if at all);
  2. immediately on full payment of the early termination fee applicable under that pricing plan; or
  3. 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.

51. If you want your Energy supply disconnected temporarily, you need to give us 14 days’ notice. We may charge you a disconnection and/or reconnection Fee. Where you wish to permanently disconnect your supply, we will cease to supply you with Energy and Energy Related Services as soon as the Network Operator has safely disconnected your supply. Where you are switching to another supplier, the transition period for your supply will be managed in accordance with the relevant industry standards and regulations.

52. Where we have received notice from you that you wish to disconnect or switch your natural gas or electricity supply, we will arrange for the disconnection or switch and for a final meter reading to be carried out at your residence. We require at least 3 working days' notice to arrange a final reading and we may charge you for this service in accordance with our Rates and Fees. The final meter readings will be used to generate a final invoice that you must pay in accordance with this Agreement.

53. Where we have received notice from you that you no longer wish to take a supply of LPG from Nova Energy, we will arrange for our cylinders to be collected from your property. We require at least 3 working days' notice to arrange the collection of your cylinders and we may charge you for this service in accordance with our Rates and Fees.

54. You will continue to be liable to pay for all Energy and Energy Related Services supplied by us to your residence (including any Energy supplied to your residence after the final meter readings) until such supply has been disconnected or switched to another supplier. If, at the time you vacate your residence, you fail to notify us (in accordance with clause 50) that you wish to disconnect or switch your Energy supply, you are required to pay all Rates and Fees applicable to any Energy and Energy Related Services supplied by us to that residence until you notify us that you have vacated that residence.

What are Nova Energy’s responsibilities and commitments?

55. We will provide a supply of Energy and Energy Related Services to you on this Agreement, and in accordance with good industry practice in New Zealand. We will comply with all applicable legal and/or industry requirements relating to Energy supply (including our obligations under the Consumer Guarantees Act) and metering.

56. We may transfer this Agreement, including our obligations to supply you with Energy and Energy Related Services, to another company at any time, in which case we will advise you of:

(a)  the company that we are transferring the agreement to;

(b)  where you can access the information you need to contact that company; and

(c)  when the transfer will take effect.

When will Nova Energy access your property?

57. You must provide us, our agents, the Network Operator and any metering service provider with reasonable access to your property for meter installation, reading, testing, inspections and maintenance, disconnection and/or removal. If you do not provide us with access to read a meter at your residence, we may have to estimate the amount of Energy supplied to you and send you an invoice based on this estimate. If you receive a supply of LPG from us via cylinder or bulk tank, you agree to provide us access for the purpose of exchanging your LPG cylinders, or filling your bulk tank and for any other reason where access is reasonably required.

58. You must provide us, our agents, the Network Operator and any metering service provider with immediate access to your residence at any time for safety reasons and/or to prevent or mitigate any environmental or property damage.

59. Except in routine situations (for example, when reading meters located on the outside of buildings) or emergency situations, we will give you advanced written Notice of the time we will be accessing your residence and the reason why we need such access. Where we, or our contractor, need to access your property 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 contractor, need to access your property to inspect or operate any equipment used in, or in connection with, the generation, conversion, transformation or conveyance of electricity, we will provide you with a reasonable amount of Notice.

When will Nova Energy read your meters?

60. Provided you give us access to your premises, we will generally endeavour to read the meter(s) at your residence every month, unless you live in a remote area where we will endeavour to do so at least once every 2 months (and in any event not less often than 3 times a year unless otherwise agreed between us). We will ensure we read the meter(s) in accordance with all relevant industry standards and regulations.

How do we protect your security?

61. We will (and any third party acting on our behalf will) ensure that, any employees, agents or other person accessing your residence on our behalf will:

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

(b)  act courteously, considerately, and professionally; and

(c)  comply with your reasonable requirements and take reasonable steps to minimise direct impacts on the property or inconvenience to you in relation to such access.

62. To ensure customer keys and security information remain safe and secure, Nova Energy has strict internal security procedures in place. We will store any 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.

Personal Information

63. To carry out our obligations under this Agreement, and to provide you with Energy and Energy Related Services, we need some information about you. Unless we have your permission (or it is otherwise required by law or allowed under this Agreement) this information will only be used by us for purposes related to supplying you with Energy and Energy Related Services, including, but not 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;

(c)  improving our customer services and for carrying out market research.

64. You agree to allow us to obtain information about you from third parties for the purpose of ascertaining or verifying your credit status.

65. Any personal information you give us (other than meter readings) will be confidential and will be held by us in accordance with our obligations under the Privacy Act 1993. You can also request a copy of all information we have about you or your account and you are able to correct it if it is wrong.

66. You agree that we may give information about you or your account to:

(a)  the Network Operator (or a trust or co-operative that owns the Network Operator), 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 Nova Energy is required to do so by law, or deems it reasonably necessary to do so; and/or

(b)  an agency employed to recover overdue payments, or to provide credit reporting services; and/or

(c)  the Electricity Authority, where required to do so pursuant to the Electricity Industry Participation Code 2010.

67. We may, from time to time, send you information, such as details of payment methods, Energy efficiency, special promotions etc., if we believe it will benefit you.

What happens if one of us breaks this contract or suffers loss?

68. If you do not meet your responsibilities under this Agreement we will send you a written Notice explaining what is wrong and asking you to remedy your default.

69. If we do something that should reasonably have been avoided, or omit to do something that should reasonably have been done, and as a result you suffer a loss in relation to normal domestic activity, then we may be liable for that loss.

70. Neither you nor Nova Energy will be liable for:

(a)  any losses arising from events beyond the parties’ reasonable control, including acts of God, human events such as industrial actions, war and other hostilities, and natural events such as fire, earthquake, lightning strike and storms; or

(b)  any indirect or consequential loss, loss of profits or similar types of losses.

71. Other than as required under the Consumer Guarantees Act or under this Agreement, Nova Energy will not be liable for any loss or damage arising out of any planned or unplanned Outages. In particular, we are not liable for any loss or damage which results from any act or omission of the Network Operator or any metering service provider, nor are we liable for any loss or damage arising from the failure of someone else to supply us with Energy or the quality or character of Energy supplied. However, if we receive compensation from a third party for losses resulting from the interruption of your supply, we will pass on a portion of that compensation to you and, if requested, we will provide you with an explanation of how the amount passed on was calculated.

72. If your property is damaged by any interruption of, or interference with, your Energy supply, and the problem was not caused by us, you may be able to claim against someone else (or your household insurance). In such circumstances, you may wish to seek professional advice on this.

73. Nothing in this contract excludes or limits any rights or remedies you might have under the Consumer Guarantees Act.

74. If we are liable to you under or in connection with this Agreement, the maximum amount we will be liable for is $10,000 for any event or series of related events.

What happens if we disagree on something?

75. Please contact us with any problems as soon as practicable. You can raise any complaints (including any disputed Charges) by contacting our Resolutions Team, on 0800 668 236, or writing to us at PO Box 404 Whakatane 3158, or visiting our website www.novaenergy.co.nz. Our complaints process is free to use. We will acknowledge your complaint within 2 working days and 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.

76. 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. Nothing in this clause shall limit Nova Energy’s ability to bring court proceedings seeking a remedy or relief in connection with any breach of this Agreement by you.

77. Nova Energy is a member of the Utilities Disputes Ltd Scheme (UD), 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 the complaint after 40 working days,

you may refer your complaint to the Utilities Disputes (www.utilitiesdisputes.co.nz or 0800 22 33 40), 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.

78. In the case of a dispute about Charges you owe, we will not require you to make payment of the portion of the Charges that is in dispute. However, once the dispute is resolved we will promptly credit your Nova Energy account with any amount found to be due to you, or you must pay us within 14 days any Charges 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 40(e).

Changes and amendments

79. Nova Energy may amend this Agreement from time to time but any new terms will not apply to you until 30 days after we have given you Notice of the amendments. If we reasonably believe that any amendment made amounts to a material change to the terms, we will individually communicate this to you in writing as soon as reasonably practicable (and not less than 30 days before the amendment takes effect).

80. Where Nova Energy commits an event of default as defined by the Electricity Industry Participation Code 2010, Nova Energy or the Electricity Authority may assign Nova Energy’s rights and obligations under this Agreement to an alternative Energy retailer (Recipient Retailer), in which case, on assignment, this Agreement shall be amended to reflect:

(a)  the standard terms that the Recipient Retailer would have normally offered to a Residential 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.

81. Clause 80:

(a)  for the purposes of the Contracts (Privity) Act 1982, is inserted for the benefit of, and is enforceable by, the Electricity Authority; and

(b)  may not be amended without the consent of the Electricity Authority.

When will this Agreement end?

82. This agreement will terminate on the later of the following dates:

(a)  the date on which your Energy supply is switched or transferred to another provider; and

(b)  the date falling 30 days from the date of disconnection of your Energy supply in accordance with clause 40 (except in the case of disconnection in accordance with clause 40(c)(i), (iv) or (iii), in which case this Agreement shall end immediately on the date of disconnection).

83. During any period after your Energy supply has been disconnected but before this Agreement has been terminated in accordance with clause 79, this Agreement will continue in full force and effect but Nova Energy will not be obliged to supply you with Energy and/or Energy Related Services (or to perform any of its other obligations under this Agreement which relate to the supply of Energy and/or Energy Related Services).

84. Termination of this Agreement does not affect any rights and remedies available to a party under this Agreement which have accrued up to and including the date of termination (including your responsibility to pay all Charges applicable to any Energy and Energy Related Services supplied by Nova Energy to you up to and including the date of termination, and all other amounts (including any disconnection Fees, collection costs, legal fees and any other costs incurred by Nova Energy in relation to Charges that are due from you) as required under the terms of this Agreement).

All clauses of this Agreement which are expressly stated, or which by their nature are intended, to survive termination shall continue in full force and effect following termination of this Agreement.

Terms used in this Agreement

85. In this Agreement, when we talk about:

(a)  “Agreement” we mean these terms and any other terms (for example, special promotional terms) which govern the agreement between you and Nova Energy for the supply of Energy and Energy Related Services.

(b)  “Charges” we mean the amount payable by you, based on our Rates and Fees, for Energy and Energy Related Services.

(c)  “Customer Care Team” we mean our team who can be contacted by calling 0800 668 236 or emailing  info@novaenergy.co.nz;

(d)  “Energy” or “Energy Related Services” we mean electricity, natural gas, LPG and services related to those products, including the rental of any Energy Supply Equipment;

(e)  “Energy Supply Equipment”, we mean any equipment used to supply Energy within your home (such as wiring, pipework, fuses etc.), and for LPG we mean the Nova Energy owned LPG storage vessel or associated equipment.

(f)  “Network Operator” we mean the operator of any relevant Energy transmission or distribution system (which for LPG, may mean us);

(g)  “Notifying” you or giving you “Notice” we mean that we may:

  1. place a notice or advertisement in the local, regional or national newspaper;
  2. contact you directly, for example, by sending you a letter;
  3. posting a notice on our Website;
  4. combine any of the above.

(h)  “Outages” we mean interruptions, suspensions or reductions in your Energy supply (Outages are “planned” when we have been given no less than 10 working days’ Notice of their occurrence by the Network Operator, otherwise they are “unplanned”);

(i) “Rates and Fees” we mean our current list of Rates and Fees which are set out on your application form, or that we publish from time to time, as amended according to this Agreement and are available by calling us (“Rates" generally refer to amounts that we charge for the supply of Energy and “Fees” generally refer to the amount we charge for Energy Related Services);

(j) “Residential Customer” we mean a person who purchases or uses Energy for domestic premises (but does not include any premises described in section 5(c) to (k) of the Residential Tenancies Act 1986 (which refers to places such as jails, hospitals, hostels, hotels, and other places providing temporary accommodation)); and

(k)  “Website” we mean www.novaenergy.co.nz