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Effective 1 February 2018
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Country Connect Solar Trading as Supercharged Energy is a New Zealand owned company based in Auckland that generates and sells environmentally friendly power. You can contact us here: superchargedenergy.co.nz/contacts We need to tell you that the point of connection for your property is most likely to be on a power pole, outside of your property. Contact us if you would like to find out where the point of connection is for your property.
2. About these terms
2.1 These are the terms on which we supply power to our customers, except to the extent we have agreed otherwise in writing with you.
2.2 In these terms:
(a) “you” or “your” means you, our customer. Where more than one person is our customer these terms will apply to you jointly and severally. This means that you are each responsible for the full amount of our invoices; and
(b) capitalised words have the meaning given to them in clause 22.
2.3 These terms are effective from 1 February 2018. In becoming or remaining our customer you agree that these terms apply.
2.4 Where these terms benefit the Lines Company and/or the Meter Owner the terms are enforceable by the Lines Company and/or the Meter Owner (as applicable) in accordance with the Contracts Privity Act 1982.
2.5 We may change these terms by giving you at least 20 Working Days’ notice in writing of the change. We will explain our reasons for the change.
2.6 If any of these terms are ruled invalid in a court, the ruling does not affect the rest of these terms.
3. Becoming our customer
3.1 You may apply to become our customer by contacting us at superchargedenergy.co.nz/contacts or by calling us on 0800 425 009. We will respond to your application within 5 Working Days. We may in our discretion decline your application and we do not have to provide you with our reasons for doing so.
3.2 An agreement between you and us is formed on these terms if we accept your application to become our customer and you will be liable to pay our charges and fees from that date.
3.3 We will endeavour to start supplying power to you as soon as possible after accepting your application.
3.4 If we already supply power to Premises you move into you will still need to apply to us to become a customer. If you do not do so,we may disconnect the power from the Premises and we may charge you the cost of any power consumed by you at the Premises and a disconnection fee.
3.5 You will only be liable to pay for power consumed from the date of ownership or the commencement of your tenancy unless we have agreed otherwise in writing with you.
3.6 You may nominate other people to make decisions for you under these terms, but you will remain liable as our customer.
3.7 If you sign on as a ‘free solar customer’ under a 120 month agreement we will install complementary panels on your roof free of charge. Minimum 2 Solar Panels will be installed after you have been our customer for (3) THREE months and your account is paid up to date. Title ownership over the panels will remain with Supercharged for the length of the term.
3.8 All power produced out of the panels for ‘free solar customers’ on a 120 month term will be provided free of charge. You must pay for any additional electricity consumed from the grid as per rate clause 12.1
3.9 During the length of the 120 month term for free solar customers, no alternative solar installer may add additional panels to your Supply Address or Premises and if they do this will be treated as a breach of contract.
4. You can cancel at any time
4.1 You can cancel your agreement with us at any time by giving us at least 20 Working Days’ notice by email or phone. You will be required to pay all fees and charges incurred by you, or relating to power used by you up to the time that we stop supply.
4.2 If you are transferring to another supplier we will cooperate with your new supplier to facilitate the switch and make sure the transfer takes place as soon as reasonably practical and we will ensure that we comply with any regulations or industry standards relating to the switching and/or ending your arrangements with us.
4.3 If you choose to purchase a larger solar system from Supercharged Energy during the ‘Free Solar’ 120 month term, Please contact us and we will provide you a quote for the additional panels/system.
5.1 We may be able to move with you. You must call us at least 4 Working Days prior to your move and tell us your moving date and your new address. If we agree to supply you at your new address:
(a) we will arrange for an initial Meter reading at the new address and a final Meter reading at your old address (we will tell you at the time you tell us you are moving if any fees apply); and
(b) this agreement will continue.
5.2 If we cannot move with you, we will arrange for a final Meter reading (we will tell you at the time you tell us you are moving if any fees apply). We will send your final invoice to you at your new address and this agreement will end once all amounts owing by you to us have been paid in full.
5.3 If you do not give us at least 4 Working Days’ notice of your move, or you fail to give us notice of your move you will be liable to pay for any power used at your old Premises until the latest of:
(a) the date that is 4 Working Days after the date you gave us notice of the move;
(b) the date we stop supplying power to your old Premises; or
(c) the date we start supplying another customer at your old Premises.
5.4 If you are leaving a flat but other people are staying you must cancel your account with us. If you do not do so, you will remain liable for power used at the Premises (including after you leave). We may agree to transfer this agreement to your flatmate(s), but they will need to apply to become our customer.
6. Information and your privacy
6.1 You need to give us certain information to become a customer including personal information if you are an individual. If you do not provide us with the information we request we may not be able to supply power to you. You must tell us if this information changes.
6.3 We may disclose information about you or your account to the Electricity Authority for the purposes of the Electricity Authority assigning our rights and obligations under these terms to another power supplier as permitted by clause 21.3 and you agree to the Electricity Authority providing this information about you to another power supplier if required under the Code.
6.4 We may request information about you from third parties (including credit agencies, Lines Companies and other energy retailers) for the purposes of checking your credit history or providing power to you. We may do this prior to you becoming our customer and at any time while you remain a customer.
7. We prefer contact by email
7.1 We aim to be environmentally responsible. Unless we have agreed otherwise in writing with you:
(a) you must provide us with your email address and you authorise us to send all notices and communications under these terms and other information about our business and services to you by email. We are entitled to assume that an email sent to you has been received by you on the next day unless we have received an automated undeliverable message generated by your email server. You must keep your email address with us up to date.
(b) you agree to contact us by email to firstname.lastname@example.org or phone on 0800 425 009.
8. Meters and Meter readings
8.1 Your power use is measured by a Meter. Where possible we base our invoices on your actual power use rather than estimated use. This means that we need you to have smart Meters so that we can readthe Meters remotely.
8.2 If you don’t have a smart Meter, we will arrange for one to be installed at no cost to you, unless additional work is required to install the Meters (e.g. additional wiring, wiring that does not comply with all applicable laws, or relocating the position of the Meters), in which case we may charge you for the additional work. We will provide you with an estimate for the additional work before we carry it out and if you rent or lease your Premises you confirm that you have all necessary approvals for us to install the Meters and carry out any additional work.
8.3 If we are unable to obtain a remote reading (e.g. the Meter is faulty, there is a communications fault or the mains is switched off) we may need to read your Meters manually. We may pass on the cost of a manual Meter reading to you if you caused or contributed to the fault.
8.4 The Meter reading fees applicable to your pricing plan are available at http://www.supercharged energy.co.nz/pricingand-rates
8.5 We may require an initial reading of the Meter at your Premises before we supply power to you. We will tell you at the time we accept your application how this reading will be done.
8.6 You may request a Meter reading at any time by calling us.
8.7 You must not tamper with the Meter (tampering includes bypassing). Tampering with Meters is dangerous and may be a criminal offence. If your Meters have been tampered with we may invoice you for the power we reasonably consider you have used, disconnect your power, end our agreement with you and notify the police.
8.8 The Meter Owner retains ownership of the Meter installed at your Premises and has no liability to you under this agreement.
9. Estimated readings
9.1 If we are unable to obtain a reading from your Meter we will estimate your use of power based on your use history in our records (if available) or on the power use of an average customer. Please contact us if you require a more detailed explanation of how your estimate will be calculated. You may read your Meter and provide us with the reading until we can arrange for the Meter to be read.We will send you an amended invoice based on your reading. You must pay the amount shown on the new invoice. We may refuse to accept your Meter reading if your reading is inconsistent with our records.
9.2 We will arrange to test any Meter that you or we think is faulty. If testing shows that the Meter is faulty and you did not cause or contribute to the fault we will arrange to repair or replace the Meter, pay the cost of testing and debit or credit your account with
10. Access to your Premises
10.1 You must provide us [We may be requested to provide access due to requests from other parties such as the Electricity Authority, Industry Test House personnel, an auditor, or metering equipment owner/provider. These parties will all be authorised parties us for our reasonable assessment of the error in any charges in accordance with clause 13.7.], our service providers and the Lines Company safe and unobstructed (including from dogs or other animals on your property) access to any of our or their Equipment in the event the need arises and we will provide reasonable notice as per clause 10.2 so that we or they can enter your property for the following purposes:
(a) turn the power on or off;
(b) read the Meters;
(c) inspect, test, install, operate, maintain, repair, replace, read, verify or remove Equipment;
(d) investigate the cause of any interference with your power supply;
(e) to clear trees, vegetation or other obstacles from lines and Equipment (if you fail to do so in accordance with clause 16.1(j));
(f) protect or prevent danger or damage to people or property;
(g) maintain the integrity of the network; or
(h) as otherwise required under this agreement or requested by the Lines Company, regulatory body or industry auditor.
10.2 We or our service providers or other authorised parties will agree with you a time to access your property but we are not required to agree a time for access with you where access is required for routine reasons (e.g.regular meter reading, in which case access will be during normal working hours) or for safety reasons.Even if we have agreed with you a time to access your property, you will be given at least 10 Working Days prior notice if we or our service provider or the Lines Company intends to enter your premises to undertake construction, upgrade, repair or maintenance work, or reasonable notice if we or our service provider or the Lines Company intends to enter your property to inspect or operate any equipment used in connection with the generation, conversion, transformation or conveyance of electricity.
10.3 We and our service providers will require our agents and employees to identify themselves when accessing your property. You may refuse access if we, our service provider or the Lines Company are not able to show proper identification on request.
10.4 Where we or our service providers access your property will take reasonable steps to ensure that we or they act in a courteous considerate and professional manner, minimise any impact on your Premises or inconvenience to you and comply with your reasonable instructions to us (e.g. to close gates or not disturb livestock).
10.5 If you give us a key for access purposes we agree to keep the key safe and return it to you at your request. You can contact us by phone or by email at http:/www.superchargedenergy.co.nz/contact if you would like information on our procedures for ensuring the secure storage and return of any keys or other security information.
10.6 If you do not provide us, our service providers or the Lines Company with safe and unobstructed access:
(a) we may charge you for any additional costs we incur in relation to accessing your Premises; and
(b) your power supply may be interrupted or disconnected.
10.7 The Lines Company may at any time take all reasonable steps to gain immediate access to your Premises without your permission where it reasonably believes there is immediate danger to persons or property.
11. Interruptions to your power supply
11.1 We will supply power you with power and we will ensure that the power we supply complies with this agreement, good industry practice in New Zealand and all applicable laws, regulations, codes of practice and protocols. But we rely on third parties (e.g. the Lines Company) to get our power to you so we cannot and do not guarantee that your supply will be uninterrupted or fault free.
11.2 Where we or the Lines Company plan an outage, we or the Lines Company will provide you with at least 4 Working Days’ of the planned outage, unless agreed otherwise with you or the outage is required urgently and not reasonably foreseeable, meaning that 4 Working Days’ notice is not possible.
11.3 Notices for planned and prolonged unplanned outages may be given by email, mail, or public notice in a newspaper or via our or the Lines Company’s website and information about supply outages will be updated in accordance with good industry practice in New Zealand.
11.4 We cannot warn you or give you notice of sudden unplanned outages. Unplanned outages may occur for a variety of reasons including for example, weather events (including high wind, rain, lighting strikes), faults in the network or lines equipment, and accidents (e.g. a vehicle hitting a power pole). If there is an unplanned outage we will endeavour to minimise any inconvenience to you and, to the extent it is within our control, we will ensure your power is connected as soon as reasonably practicable.
11.5 You can report supply interruptions by contacting the Lines Company on the phone number or at the web address set out in your invoices or by calling us or contacting us at www.superchargedenegy.co.nz/contact In addition:
(a) if there is local or national energy shortage, or in circumstances of extreme wholesale prices, your power may be rationed or restricted. Power may also be rationed as part of an energy industry rationing plan; and
(b) your supply may be interrupted without notice to you if you are on a pricing plan that allows the supply of power to some of your electrical appliances (e.g. hot water cylinders or night store heaters) to be switched off from time to time.
11.6 If someone at the Premises is medically dependent you should ensure alternative arrangements are made in preparation for planned and unplanned power outages.
11.7 If you have sensitive equipment which may be affected by outages, we recommend that you arrange insurance that covers damage from power fluctuations, install your own back-up devices and/or make other arrangements to protect your equipment. Surge protectors may help reduce such fluctuations and can be plugged into appliances orwired into your house mains.
11.8 We are not liable to you for any failure to perform our obligations, to the extent that such failure is caused by Force Majeure or third party. We will resume our obligations once the Force Majeure or third party event no longer prevents us doing so.
11.9 We take no responsibility for any loss or damage caused to your equipment or appliances, including loss of data, arising from these kinds of fluctuations.
12. Our prices and fees
12.1 We offer a range of pricing plans and can help you choose the most appropriate plan for you. Our pricing plans are available online at http://www.superchargedenergy.co.nz/pricing-and-rates or by phone on 0800 425 009.
12.2 Unless we have agreed otherwise in writing with you, our pricing plans may change from time to time. If you are on a fixed price pricing plan and the total monthly invoiced price under your applicable pricing plan will increase by more than 5%, we will send you a separate email to tell you of any increase in our pricing plans as soon as possible (and in any event at least 20 Working Days’ prior to the increase taking effect) and we will explain our reasons for the increase. We may increase our flexible pricing plans and/or decrease any pricing plan at any time without prior notice to you.
12.3 We also charge fees for services that we provide to you under this agreement including connection, disconnection and reconnection fees. The fees applicable to your pricing plan are available at http://www.superchargedenergy.co.nz/pricing-and-rates or by phone on 0800 425 009. Our fees may change from time to time.
12.4 If you ask us to provide services that are not specified in our pricing plans or fees list.Where this is the case we will tell you at the time you ask us to provide the services what the charges are (if known), or (if not known), we will provide you with an estimate.
12.5 Where you request a service from us for which you may incur a fee, we will advise you with reasonable notice that you will incur the fee and what (if anything) you can do to avoid incurring the fee.
12.6 The low user pricing plan is only available to you if you meet the eligibility requirements in the Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004. If you are on our low user plan and you cease to be eligible for that plan we may move you to a different plan. We will tell you before we make the change.
12.7 You can apply to change your plan at any time by contacting us. Provided that we have capacity on that plan and/or you meet any regulatory criteria for that plan we will make the change as soon as practical.
13. Invoices and payment
13.1 Unless we have agreed otherwise in writing with you, we will send an invoice each month for your actual or estimated power use for the previous month to the email address provided by you.
13.2 Your invoice will separately show:
(a) the amount of power we are charging you for (and we will clearly state if an estimate has been used);
(b) the price you are being charged for that power (in accordance with your pricing plan);
(c) the fees for services requested by you;
(d) the due date for payment;
(e) the billing period to which the invoice relates;
(f) the identifier number(s) of all installation control points on your Premises; and
(g) the name of your lines company; and
(h) 24 hour contact details for you to use if you think there is a fault or problem in the supply of power to you.
13.3 We may add any amount owing by you for power supplied at your previous premises to your next invoice. The amount owing must be paid in accordance with the terms that applied to your previous account unless we agree otherwise, but a default in payment may be treated by us as a default under this agreement.
13.4 You must pay the total amount specified in each invoice (together with GST) in full on or before the due date for payment specified in the invoice. You are required to pay our invoice even if it is based on an estimated reading.
13.5 Subject to clause 13.9, if you do not pay any invoiced amount when due, we may charge a late payment penalty of 15% per annum on the outstanding amount from the due date for payment until the date on which payment is received by us and we may disconnect your supply of power for unpaid invoices in accordance with clause 15.1(b).
13.6 We may take action to recover overdue amounts. Any costs incurred in collecting money owed to us by you, including our legal fees and court costs are payable by you.
13.7 Please contact us if you think there is an error in our invoice. If we have charged you an incorrect amount:
(a) we will credit you for any amount we have overcharged you on your next invoice (or where we have overcharged you on a final invoice we will promptly refund the overcharged amount to you); or
(b) we may invoice you for any underpayments if we consider it reasonable to do so (we will take into account whether we or you contributed to the error or could reasonably be expected to know of the error).
13.8 If we send an invoice that is received by you more than 2 months after the end of the period for which the invoice was issued we will provide you with a time period at least equal to the delay to pay the invoice and if our invoice is more than 3 months after the end of the period for which the invoice was issued we will negotiate an appropriate discount with you, in each case provided that you did not cause or contribute to the late invoicing (including by changing your email address and failing to tell us of the change).
13.9 If you dispute any amount payable to us, you must:
(a) tell us at least 4 Working Days’ prior to the due date for payment specified in the invoice;
(b) tell us the amount in dispute and the reasons for the dispute (and we may ask you to put this in writing); and
(c) pay the undisputed amount by the due date for payment.
13.10 We will investigate your claim as quickly as possible.We will not stop supplying you with power if you have complied with your obligations in clause 13.9 above.
13.11 Within 10 Working Days of resolving the dispute, we will credit your account with any amount that we owe you and you will pay us any amount that you owe us.
13.12 No interest will be paid or charged on amounts overpaid or underpaid in relation to incorrect or late invoices or in respect of amounts subject to a dispute in accordance with clause 13.9.
14. Payment options
14.1 You may pay yourinvoice by direct debit or by internet payment transfer from your bank account or by telephone transfer from your bank account. Our bank account details for this purpose are 06-0801-0580092-00. Please contact us on 03 390 0009 if you would like us to provide you with a direct debit form.
14.2 We do not currently offer a pre-payment option. We will provide you with the names and contact details of electricity retailers in your area that offer pre-payment if you ask us to.
14.3 Please call us if you are having difficulty meeting your payment obligations to us. We may be able to agree a payment arrangement with you.
14.4 If we propose to change the payment options referred to above we will provide you with at least 20 Working Days’ prior notice of the change and we will provide you with adequate information to explain the changes.
15.1 Your power may be disconnected:
(a) to protect health and safety or prevent damage to property;
(b) if you do not pay amounts owing to us when due, provided that (i) we will only disconnect your power supply for nonpayment of an invoiced amount, that is not being disputed under clause 13.9 or the subject of any other dispute resolution proceedings; (ii) we will not disconnect your power for non-payment of an estimated amount unless we reasonably believe it is fair and reasonable in the circumstances to do so; (iii) we will provide you with at least 7 Working Days’ prior notice of disconnection to the email address you have given us specifying the timeframe within which disconnection will take place and the steps that you may take to avoid disconnection; and (iv) we will only disconnect you on a Working Day that is not a Friday or the day before a public holiday;
(c) if you persistently breach these terms or you breach these terms in a material way, but before we disconnect your supply under this clause: (i) we will give you reasonable notice of (being not less than 7 Working Days) to remedy the breach before disconnecting you; (ii) we will also give you a further notice 24 hours before disconnecting you for breach; (iii) we will take reasonable steps to ensure that you have received our final warning; and each notice given under this clause (c) will be sent to the email address you have given us and will specify the timeframe within which disconnection will take place and the steps that you may take to avoid disconnection.
15.2 Without limiting clause 15.1(c), these terms will be breached in a material way if:
(a) you tamper with the Meter or lines Equipment on your property; or
(b) you prevent us or the Lines Company from accessing your Premises for a continuous period of 20 Working Days.
15.3 Your power may also be disconnected:
(a) where you have asked for your supply to be disconnected or this agreement ends and you have not switched to another retailer. Where you have asked us to cease supplying power to you, we will cease supply as soon as practicable (while always ensuring that disconnection occurs safely).
(b) if you move into Premises we supply power to and you do not apply or we do not accept your application to become a customer of ours; or
(c) the Lines Company requires the supply to be disconnected under its agreement with you or with us and/or we cease to have an agreement with the Lines Company for the provision of Line Function Services on your network.
15.4 We will not disconnect your power supply if there is a medically dependent customer at your Premises (and have provided us with a notice of potential medically dependent consumer status form available from a primary health provider to verify this). We will contact you and arrange a payment plan with you. We may ask you to re-verify the a medically dependent customer status, but not more than once in any 12-month period.
15.5 If your power is disconnected you are still liable to pay us for all amounts as they become due (including any disconnection fee, final reading fee and/or our debt collection costs).
15.6 If you want to be reconnected we may require you to:
(a) pay all amounts owing to us (including any disconnection fees and debt collection costs);
(b) pay our connection fee;
(c) agree to changes to these terms, your pricing plan and/or your method of paying us; and
(d) provide us with a certificate that meets the requirements of clause 16.2.
and if you satisfy our requirements we will reconnect you as soon as reasonably practical.
16. Equipment, safety and your obligations
16.1 In relation to all Equipment on property owned by you, you must (at your cost):
(a) provide suitable space for the safe and secure housing of all Equipment we of the Lines Company decide is needed for your supply;
(b) repair and maintain the Equipment (if it is not owned or supplied by us);
(c) ensure the Equipment not owned by us complies with relevant legislation, electricity technical standards and codes of practice;
(d) comply with all Line Function Service’s safety and technical requirements provided for under any regulations or industry standards and the reasonable technical requirements of the Lines Company. You can find these requirements at your local lines company website.
(e) protect Equipment from damage or interference and tell us if the Equipment is damaged or interfered with as soon as you become aware of it (we may charge you the cost of repairing or replacing Equipment that has been damaged or interfered with together with the estimated cost of any unmeasured supply and our investigation costs);
(f) not permit the Equipment to be the subject of any security;
(g) not (and not allow anyone else to) interfere with the supply of power to you or anyone else or sell or transfer or attempt to sell or transfer to any person any power supplied to you;
(h) not connect any generation assets to the network or use power or Equipment unsafely.
(i) ensure that only qualified persons carry out any work on or affecting Equipment or your power supply;
(j) ensure that any trees and vegetation on your property are kept trimmed away from all power lines and Equipment. If you do not do so, the Lines Company may undertake the trimming or removal work and recover the costs of such work from you.
16.2 If you have a new or connection, or if your supply has been disconnected, for safety reasons we may require you to provide a certificate of compliance or certificate of verification from a certified service provider at your cost before we can supply you with energy. We may request a copy of this certificate at any time.
16.3 You must not interconnect the supplies from two or more separate connections without the Lines Company’s written consent.
17. Lines Company and compensation
17.1 As noted in clause 11.1 we rely on third parties, including the Lines Company in order to supply our power to you.
17.2 You may have an agreement for network services directly with the Lines Company, in which case you must comply with that agreement. If you do not have any agreement with the Lines Company we will charge you for network services provided by the Lines Company. These charges are set by the Lines Company. We pass these costs onto you in our prices either at cost, or at an average cost.
17.3 We will pass on to you, as a credit on your next invoice from us, any payments we receive from the Lines Company (less our reasonable administrative costs) for a failure by the Lines Company to satisfy any guarantees they give us in relation to its services.
18. Liability limitations
18.1 We will comply with our obligations under the Consumer Guarantees Act (CGA) where you are buying power or power supply services for personal, domestic or household use and you will have the rights and remedies set out in the CGA. If you using the power in trade or in a manufacturing or production process you agree that it is fair and reasonable for you and us to contract out of the CGA accordingly, nothing in the CGA applies.
18.2 If we cause physical damage to your property by breaching these terms or because we were negligent and the loss or damage was reasonably foreseeable, we will pay for the loss or damage, or repair or replace the property (at our discretion), up to a maximum of $10,000 for any single event or series of related events.
18.3 Without limiting clause 18.2, to the maximum extent permitted by law, you agree that the we and the Lines Company will not be liable to you (whether in contract, tort(including negligence) or otherwise) for any amount in excess of $15,000 in connection with any complaint (including through the Utility Complaints scheme) relating to the delivery of power to you through the Lines Company’s network.
18.4 To the maximum extent permitted by law, we will not be liable to you for any other loss or damage (whether in contract, tort (including negligence) or otherwise) for any indirect or consequential loss or for any loss of profits,loss of revenue,loss of use, loss of data, loss of opportunity or loss of goodwill.
19. You indemnify us
19.1 You indemnify us for all costs, losses, claims and damages that we may suffer or incur:
(a) in recovering amounts owed by you under these terms; and
(b) as a direct or in direct result of your negligence or breach of these terms.
20.1 If you have a complaint, please call us on 0800 425 009 or email us at email@example.com. Our complaints resolution process is free and we are committed to delivering a fair and effective outcome in good faith and you will be treated courteously and with respect.
20.2 If we are unable to resolve your complaint straight away we will give you a written response within 10 Working Days of the date on which we received your complaint advising you of the steps we are taking.
20.3 We are a member of the Utilities Disputes scheme and will deal with any complaints you have in accordance with that scheme.
You may refer your complaint to the scheme by calling 0800 22 33 40 or visiting www.utilitiesdisputes.co.nz if:
(a) you are not happy with the way we propose to resolve your complaint;
(b) your complaint is not resolved within 20 Working Days of us receiving it and we have not written to you explaining why we need further time; or
(c) your complaint is not resolved within 40 Working Days of us receiving it.
20.4 Although not free, you can also take your dispute to the Disputes Tribunal or to the Courts.
21. Assignment and subcontracting
21.1 You may not transfer or assign your rights and/or obligations under these terms to any person unless we agree.
21.2 We can transfer or assign all or any of our rights and obligations under these terms. We will tell you if we do this as soon as reasonably practical. We will also tell you how to contact the new supplier and when the transfer will take effect. We can also subcontract or delegate all or any of our obligations. If you are not happy with the person performing our obligations you may switch to another supplier and end your agreement with us.
21.3 If we commit an “event of default” (as defined in the Code), the Electricity Authority may assign our rights and obligations under these terms to another electricity supply. If that occurs these terms will be amended to:
(a) the standard terms that the other supplier would normally have offered you immediately before the event of default occurred; or
(b) such other terms that are more advantageous to you as the other supplier and the Electricity Authority agree; and
(c) include a minimum term in respect of which you must pay an amount for cancelling the agreement with the other supplier before the expiry of the minimum term, and we may provide information about you to the Electricity Authority and it may provide that information to the other retailer if required under the Code.
22. What happens if we become insolvent?
If we have or are likely to have a receiver, liquidator, administrator or similar officer appointed, we will take all reasonable steps to ensure your continuity of power supply (which may include exercising our rights under clause 21.2).
23.1 Code means the Electricity Industry Participation Code 2010 as amended from time to time.
23.2 Equipment means lines, Meters, transformers, switchers, relays, fuses, wiring and any other equipment used to supply power to your Premises.
23.3 Force Majeure means an event beyond our reasonable control that prevents us from performing our obligations under these terms and includes your acts or omissions and the acts of omissions of third parties (including the Lines Company or Meter Owner) and acts of god or war.
23.4 Lines Company means the owner of the local lines network to which your Premises are connected.
23.5 Line Function Services means:
(a) the provision and maintenance of works for the conveyance of electricity;and
(b) the operation of such works, including the control of voltage and assumption of responsibility for losses of electricity.
23.6 Meter means a remotely read interval meter and all associated equipment used to measure and communicate information about your use of power to us or our service providers and includes any cover or housing for that equipment.
23.7 Meter Owner means the person that owns the Meters situated on your Premises.
23.8 Premises means the premises to which power is supplied (or intended to be supplied) by us to you.
23.9 Working Days means a day other than a Saturday or a Sunday that registered banks are open for normal business in Auckland.
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1. Nature and Scope of Terms
1.1 Unless otherwise agreed in writing, these Terms apply to all sales of Solar Energy Equipment by Supercharged Energy, all rental or hire of equipment and all agreements Supercharged Energy enters into in respect of the sale and purchase of power. Any terms in respect of sale, hire or purchase of power that are entered into between Supercharged Energy and the Customer are additional to these Terms and shall also apply to the sale or hire of solar energy equipment or purchase of power (as relevant). Headings in these Terms are a guide only and shall not effect interpretation of these Terms. If there is any conflict of inconsistency between these Terms and any other agreement between Supercharged Energy and the Customer, the other agreement shall prevail over these Terms.
1.2 Once an Order has been made by the Customer, the Customer shall not be entitled to withdraw any such order for 20 Business Days or for any longer period set out in any other agreement between the Customer and Supercharged Energy. In the event that an Order has not been accepted by Supercharged Energy in accordance with any agreed timeframe, then the Customer may cancel the Order. Supercharged Energy may decline to accept an Order and cancel an Order at any time prior to acceptance. Neither party shall have any claim against the other in respect of any cancellation in accordance with this clause.
1.3 Notwithstanding that an agent of Supercharged Energy may sign this Order to confirm the details therein, no Order is binding on Supercharged Energy until it further confirms in writing that it has accepted the Order and, without limiting the foregoing, Supercharged Energy may require the Customer to enter into further agreements relating to the sale or hire of equipment or purchase of power prior to accepting an order and may require a guarantor of the Customer’s obligations prior to accepting an order.
2. Installation of Solar Energy Equipment.
2.1 Where Supercharged Energy installs Solar Energy Equipment for the Customer as part of an Order, it warrants that all such installation will:
(a) comply with all relevant law (including, without limitation, the Electricity Safety Regulations 2010);
(b) all electrical work shall be undertaken by an electrical technician; and
(c) be reasonably fit for the purpose for which it is intended, provided that the purpose is fully communicated in writing by the Customer.
2.2 Unless otherwise agreed in writing, all installation work shall be completed on a business day during normal working hours (7am to 6pm).
2.3 A Customer shall provide Supercharged Energy with notice of any defects in workmanship within 3 calendar months of installation and Supercharged Energy shall make good any proven defects in workmanship.
2.4 Supercharged Energy does not warrant the quality or performance of any Solar Energy Equipment installed or provided by it, but it shall pass on the benefit of any manufacturer’s warranty to the Customer. Unless stated in any other agreement with Supercharged Energy and subject to clause 5.2, it shall be the Customer’s responsibility to ensure that any warranty, registration or other manufacturer’s terms are complied with following installation and the Customer sole remedy will be with the manufacturer.
2.5 Supercharged Energy shall effect and maintain Public Liability Insurance to a value of not less than $5,000,000.00.
3.1 The Customer is responsible for connection of all Solar Energy Equipment to the National Grid and the installation of any meter at the premises and must organise that with its electricity retailer/distributor. Although Supercharged Energy:
(a) will assist the Customer with the completion of any paperwork that the Customer is required to supply to its electricity retailer/distributor in respect of connection of the Solar Energy Equipment to the National Grid; and
(b) may assist the Customer with connection to the National Grid and/or installation of a metre at the premises at the Customer’s request, the Customer is wholly responsible for all costs, risks and any other liability incurred in respect of that connection and Supercharged Energy excludes all responsibility or liability in respect of any such work to the fullest extent permitted by law. In no circumstances will Supercharged Energy have any liability for any delay, costs, or failure to connect the Solar Energy Equipment to the National Grid.
3.2 If the Customer’s meter board and/or switch board does not meet current standards, it may be necessary to upgrade them as part of the installation. Any costs with such installation are not included in the Order and Supercharged Energy shall be entitled to charge installation fees to the Customer if it is required to undertake such work.
3. Cost Increases and Payments
3.1 Subject to any different terms in an agreement between the Customer and Supercharged Energy in respect of the sale or hire of solar energy equipment or the purchase of power, the Customer shall pay Supercharged Energy any deposit stated in the Order upon acceptance of the Order by Supercharged Energy and the balance owing upon installation. Where the Customer has nominated a credit card as the Customer’s preferred payment method, the Customer authorises Supercharged Energy to deduct any payments made in accordance with these Terms from that credit card.
3.2 Supercharged Energy’s prices referred to in these Terms or any other agreement with the Customer are exclusive of GST (unless expressly stated otherwise). The Customer shall pay GST on any supply of goods and services by Supercharged Energy , as invoiced by the Supercharged Energy on the payment terms that relate to that invoice and, if rendered on the same date or on the same invoice as the Equipment supplied, at the same time as payment for the Equipment to which the GST relates.
3.3 If in the period of 20 Business Days’ from the date that the Customer has made the Order, any of Supercharged Energy’s costs are increased as a result of factors beyond the reasonable control of Supercharged Energy, including, without limitation, changes in the costs of labour, materials, employers liability, freight, insurance, third party insurance, GST or any other taxes or levies, then the Customer shall additionally pay the amount of any such increase.
3.4 Where a variation to the installation is required due to a request by the Customer or due to the nature or location of the installation which could not have been reasonably foreseen by the Contractor in the circumstances at the time of the Order, then the party seeking the variation shall set out full details of the required variation in writing to the other and the parties shall, acting reasonably, agree and increase or decrease in price which shall be added to the price of the installation and Supercharged Energy shall prepare a record of the Variation setting out in full the variation, any delay as a consequence and the change in price and how it is constituted, which both parties shall sign.
3.5 If the parties cannot agree the cost of any variation, the following shall be applied as follows:
(a) Additions shall be charged at cost plus overheads, plus 10% together with materials at trade price plus 20%; and
(b) Deleted/subtracted work shall be written down at cost.
3.6 To the extent permitted these terms replace any other terms that might otherwise be implied by the Construction Contracts Act 2002.
4. Title, risk and insurance and the Personal Property Securities Act 1999 (“PPSA”)
4.1 All Solar Energy Equipment supplied by Supercharged Energy to the Customer shall at all times remain the property of the Supercharged Energy, and subject to any rental or hire agreement between the Customer shall have no right, title or interest in or to the goods supplied by Supercharged Energy (save the right to possession and use of the Solar Energy Equipment subject to the terms and conditions of the Agreement) until all amounts payable to Supercharged Energy are paid in full.
4.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery to the premises specified by the Customer. The Equipment shall remain at the sole risk of the Customer and the Customer shall maintain such insurance as Supercharged Energy may from time to time consider reasonably necessary and advise to the Customer and the Customer shall provide evidence of such insurance to Supercharged Energy upon request. If the Customer fails to effect or maintain any of the insurances required under the Agreement, the Supercharged Energy shall be entitled (at its sole discretion) to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Customer.
4.3 The Customer shall give immediate written notice to the Supercharged Energy in the event of any loss, accident or damage to Solar Energy Equipment while at the Customer’s premises prior to payment by the Customer.
4.4 The Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Supercharged Energy and proof of premium payment to the Supercharged Energy to confirm the insurance arrangements.
4.5 Prior to the Customer paying all amounts owing to Supercharged Energy in full, the Customer grants a specific security interest in all Solar Energy Equipment provided by Supercharged Energy and the proceeds of all such Solar Energy Equipment in terms of the PPSA.
4.6 The Customer will, if requested by the Supercharged Energy, sign any documents, provide all necessary information and do anything else required by the Supercharged Energy to ensure that the security interest is a perfected purchase money security interest (as that term is defined in the PPSA).
4.7 The Customer will not enter into any security agreement that permits any other person to register any security interest in respect of the Equipment or the proceeds of such Equipment.
4.8 The Customer agrees, (to the extent permitted under the PPSA and unless the Supercharged Energy agrees by notifying the Customer in writing), that the Customer will have no rights under Part 9 (Enforcement) of the PPSA. For example, but without limitation,
(a) the Customer will have no rights under sections 114(1)(a) (to receive notice of sale), section 117(c) (relating to distribution of surplus), and section 133 (reinstating the agreement),
(b) the Customer waives its rights under section 116 (to receive statement of account) and sections 120(2) and 121 (to receive notice of any proposal and object to any proposal to retain the Equipment).
4.9 The Customer waives its right under the PPSA to receive a copy of any verification statement or financing change statement (as those terms are defined in the PPSA).
4.10 The Customer agrees that where the Supercharged Energy has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
4.11 If the Customer is in default of these terms, and without prejudice to any other claims Supercharged Energy may have in respect of the default, the Customer will return the Solar Energy Equipment at its cost to Supercharged Energy upon demand and if the Customer fails to do so within 10 working days of such demand, or where Supercharged Energy reasonably believes the Solar Energy Equipment are at risk, Supercharged Energy’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Solar Energy Equipment are situated as the invitee of the Customer and take possession of the Solar Energy Equipment, and Supercharged Energy will not be liable for any reasonable loss or damage suffered as a result of any action by Supercharged Energy under this clause.
5.1 Supercharged Energy’s maximum aggregate liability for breach of the Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the cost of the goods and services provided by Supercharged Energy.
5.2 Notwithstanding any other provision in these terms, where the Solar Energy Equipment are supplied for personal, domestic or household use by the Customer, these Terms shall be read as subject to the Consumer Guarantees Act 1993 and clauses 5.3 does not apply.
5.3 If the Customer is acquiring goods and services from Supercharged Energy primarily for the purposes of a trade or business or for commercial or investment purposes, the Customer acknowledges:
(a) that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of the goods and services by Supercharged Energy to the Customer.
(b) that it must rely upon its own judgment as to the nature, quality and condition of the goods and services supplied by Supercharged Energy and as to their sufficiency for any use or purpose;
(c) that Supercharged Energy is under no duty to ascertain the suitability of the goods or services t for any purpose whatsoever and that no such representation has been made by the Supercharged Energy, whether during negotiations prior to these Terms being entered into or at any other time and accordingly, the parties agree to contract out of sections 9, 12A, 13 and 14(1) (as applicable) of the Fair Trading Act 1986 in respect of these Terms and any other agreement between them.
5.4 Subject to any rights the Customer may have under clause 4.12, these terms set forth the full extent of the Supercharged Energy’s obligations and liabilities in respect of the goods and services it provides to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Supercharged Energy except as specifically stated in the Agreement. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908, Part 3 of the Contract and Commercial Law Act 2017 or implied by the common law will not apply and are expressly excluded from these Terms to the maximum extent permitted by law.
5.5 To the fullest extent permitted by law, neither party shall be liable under this Agreement for any: (a) loss of data; (b) loss of anticipated savings or goodwill; (c) loss of business, contracts or any business interruption; or (d) indirect or consequential loss or special, compensatory or punitive damages, and in each case however caused, even if foreseeable or notified by the other party . Supercharged Energy shall not be liable to Customer under or in connection with the Agreement for any loss of profits or loss of revenue, howsoever arising.
6.1 The Customer indemnifies Supercharged Energy from and against all liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise and additionally shall fully indemnify Supercharged Energy or its directors, principals, employees, contractors or agents sustains or incurs (directly or indirectly) arising out of or resulting from:
(a) Any breach of these Terms by the Customer;
(b) Any contravention of applicable laws or regulations by the Customer, including export and import control laws;
(c) Any claim by any third party arising from any act or omission of the Customer in connection with these Terms (whether negligent or not), including:
(d) Any misrepresentations, warranty or agreement, express or implied made by the Customer with respect to the Supplier, or any third party supplier or manufacturer of the goods supplied to Supercharged Energy by the Customer;
(e) Without limiting the foregoing, any negligent, wilful, reckless or unlawful act or omission of, or any intentional misconduct by the Customer in connection with these Terms; or
(f) Any claim by the Customer, to the extent that such claim is beyond the scope of Supercharged Energy’s liability to the Customer under these Terms.
7. Health and Safety
7.1 The Customer Supercharged Energy and its contractors, employees, agents or principals (“Personnel”) will abide by the health and safety policies of the Customer and agrees that where required personnel will personally comply with and observe all safety precautions and procedures including wearing protective clothing and equipment if required to do so at the Customers Premises
7.2 Supercharged energy shall take reasonable care of the safety of all of its Personnel at the Customer’s premises and abide by good and safe work practices to comply with the requirements of the Health and Safety at Work Act 2015.
7.3 Both parties shall work together to identify or point out any hazards or potential hazards that come to their attention and shall work together to eliminate such hazards
7.4 Without limiting any other provision of these Terms, should Supercharged Energy reasonably form the view that its Personnel will be unsafe in performing the work at the premises of the Customer, it may suspend work until the Customer eliminates any identified hazards or may cancel this contract if the Customer cannot do so or does not do so on reasonable notice.
Privacy Act 1993
7.1 The Customer and any party or parties guaranteeing its obligations and liabilities under the Agreement (“Guarantor(s)”) authorise the Supercharged Energy to: (a) collect, retain and use any information about the Customer for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and (b) disclose information about the Customer, whether collected by the Supercharged Energy from the Customer directly or obtained by the Supercharged Energy from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer. Where the Customer and/or the Guarantor(s) are an individual the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
7.2 The Customer and/or the Guarantors shall have the right to request from the Supercharged Energy a copy of the respective information retained by Supercharged Energy in respect of them and the right to request the Supercharged Energy to correct any incorrect information in respect of them.
In these Terms, the following capitalised Terms bear the meanings set out in this clause 8:
Business Day: a day other than a Saturday, Sunday or public holiday in Auckland, New Zealand;
Customer: the person, company, firm or organisation which has signed the Order relating to Solar Energy Equipment or relating to the purchase of power from Supercharged Energy;
Delivery: the transfer of physical possession of the Equipment to the Customer;
Deposit: The sum to be paid by the Customer to the Supercharged Energy prior to Delivery (if any), on the date specified in the Order or as otherwise agreed between the Parties;
GST: means Goods and Services Tax payable in terms of the Goods and Services Tax Act;
Order: means Supercharged Energy’s Solar Equipment Purchase/Rental Order and Tax Invoice and Power Purchase Order Form or any other written order form in a form which is expressly accepted by Supercharged Energy in writing;
National Grid means New Zealand’s national electricity grid;
Party: means either the Supercharged Energy or the Customer and “Parties” means both the Supercharged Energy and the Customer;
Site: means (i) the Customer’s premises or (ii) such other premises that the Customer has the lawful right to install or utilise the Equipment and which the Supercharged Energy has approved in writing in advance;
Solar Energy Equipment means solar energy equipment provided by Supercharged Energy which generates electricity and may be connection to the National Grid and also includes any other goods or personal property that may be supplied by Supercharged Energy to the Customer; and
Supercharged Energy: means Country Connect Solar Limited trading as Supercharged Energy.
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