Electricity Standard Terms and Conditions
Published: 25 December 2018
Country Connect Solar Limited (NZBN 9429030124318) Trading as Supercharged Energy is a New Zealand company based in Auckland. You can contact us here: www.superchargedenergy.co.nz/contacts
Supercharged Energy’s terms and conditions of supply provide the requirements of our responsibilities as a supplier of energy and for you as our customer. By becoming our customer means you agree to these terms and conditions.
These terms and conditions apply to the electricity that we supply to you. Any other services or products may have their own terms and conditions, this will be made clear to you when you sign up with us.
Our agreement with you includes these terms and conditions; your pricing plan; any specific services, payment options and/or products. Together, these documents form a legally binding agreement between us.
For the purposes of demarcation between us the retailer and your distributor, the point of connection for your property is most likely to be on a power pole, outside of your property or where you have underground services the plinth that serves your property. Contact us if you would like to find out where the point of connection is for your property.
2. Our arrangement with you
2.1. These terms are effective from 28th of April 2018. In becoming or remaining our customer you agree that these terms apply.
2.2. In these terms and conditions, "We" is used to mean Supercharged Energy, and "You" is used to mean you, our customer.
2.3. Our arrangement with you includes these terms and conditions which are subject to all Acts, statues and regulations relating to electricity supply and network services. Before accepting you as a customer, we need to check that you meet our acceptance criterion which includes the following:
(a) You accept these terms and conditions;
(b) If required, you must provide us with evidence of your tenancy or occupation at the premises; or
(c) If required as discussed under clause 4.0 any bond requirement has been paid.
(d) We have authorization from you to request credit information from relevant third parties such as credit agencies and other energy retailers for the purposes of approving you as a customer and while you are a customer.
3. Changes to your arrangement
3.1. We may change these terms and conditions, at any time and will provide you with at least 30 days’ notice.
3.2. If we have provided notices as discussed in clause 3.1 and you still did not receive a notice the arrangement will still be changed.
3.3. Before any change to these terms and conditions, or before they are replaced, in our notification we will provide the proposed changes, or replacement terms and conditions, for your comment.
3.4. We will also provide at least 14 days for you to make comments and suggestions. All comments and suggestions received by us will be considered before the changes, or the replacement terms and conditions, are adopted.
4. New customers
4.1. You may apply to become our customer by contacting us at superchargedenergy.co.nz/contacts or by calling us on 0800 425 009 or signing up at www.superchargedenergy.co.nz
4.3. Our arrangement with you will start from the time we accept you as our customer. You have up to five business days to cancel any arrangement from the point you first contact us.
4.4. These terms and conditions come into effect within 2 business day of when you enter into that arrangement for electricity or any other service which you have requested from us or for which you are responsible.
4.5. It’s our sole discretion if we accept your application to become a customer. We may choose not to accept your application if:
a) We are unable to supply the property for any reason,
b) You fail to meet our payment, credit or other criteria (e.g. not supplying us with sufficient information we need to set up your account),
c) You or someone occupying your premises has debt owing to us or another retailer.
4.6. 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. We may require proof of occupancy, this would be in the form of a sales and purchase agreement or tenancy agreement.
4.7. If you require someone else to act on your behalf you may nominate other people to make decisions for you under these terms, but you will remain liable as our customer.
4.8. More than one person can be the customer at any premises. In this situation, our agreement applies to the primary contact.
5. Moving premises
5.1. If you are moving, you must give us at least 5 working days’ notice and if required arrange access for a final reading of the meter at the address you are leaving. We may estimate the final meter reading or require a meter reading from you.
5.2. You also agree to give us your new address, or forwarding address, before you move.
5.3. There may be fees associated with the disconnection of your previous premises and the reconnection of the new premises.
5.4. If you fail to give us required notice you will be liable to pay for any power used at your old Premises until the latest of:
(a) the date that is 3 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.
5.5. If we supply you at your new premises, our agreement with you will continue to apply and we may add any unpaid amounts from your old premises to the invoices for the new premises.
5.6. If we are unable to supply your new premises, we will arrange for a final meter reading. We will advise you if any fees apply. We will send your final invoice to you at your new address or via email. This agreement will end once all amounts owing by you to us have been paid in full.
5.7. If you are leaving a tenanted premise 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.
5.8. If you wish to switch to us from another provider you will need to make an application and you agree that we will:
a) Arrange to end your current agreements where relative,
b) Conduct all necessary arrangements to ensure supply to your premises, including authorizing the existing supplier to release any information held about the supply of energy to your premises,
c) Use the existing providers final meter reading (which may have been estimated) for our initial invoice,
d) If your current provider has disconnected your supply and not reconnected it, you will need to contact them to have the supply reconnected before we can accept the switch.
6. Free Solar Customer Agreement
6.1. If you have become our customer and subsequently sign up as our ‘free solar customer’ you will become our Free Solar Customer providing that -
(a) you have been our customer for (3) three months; and
(b) your account is paid up to date; and
(c) you agree to the term of this agreement will be 120 months from the date you elect to become a Free Solar Customer ( “the Free Solar Customer Agreement”).
6.2. The ownership of the free Solar Panels installed pursuant to this Free Solar Customer Agreement will at all times remain with Supercharged Energy.
6.3. All power produced by you as a Free Solar Customer will be supplied to you free of charge. You must pay for any additional electricity consumed from the grid as per rate clause 11.1
6.4. As a Free Solar Customer, you agree not to install any additional panels to your Supply Address or Premises obtained from any other supplier. In the event that you breach this clause , this will be treated pursuant to clause 6.5 as a breach of this agreement.
6.5. In the event that you as a Free Solar Customers breach the terms of this Free Solar Customer Agreement you will be required to pay by way of liquidated damages the sum of $3000 being the agreed amount for compensation to be paid to Supercharged Energy for the cost of installation and removal of the free panels from your property.
6.6. If you choose to purchase a larger solar system from Supercharged Energy during the term of this free solar customer agreement, please contact us and we will provide you a quote for the additional panels/system.
6.7. All other terms contained in this agreement will apply to Free Solar Customers.
7. Bonds and other payment securities
7.1. We may require a bond or other payment security from you, if we require a bond we will tell you why. The bond amount will be no more than our assessment of our charges for supplying you with electricity and network services for 2 months.
7.2. The Bond may be in the form of a cash payment, a guarantee or any other type of security we deem necessary.
7.3. We will hold the bond money in a separate bank account and will not accrue interest.
7.4. Your bond or payment security will be released if you pay your account on time for 12 months.
7.5. Until the bond or other payment security is released, we may use the bond money or other payment security, to cover any overdue amount.
7.6. We will repay your bond within 1 month of you ceasing to be our customer, provided all outstanding amounts have been paid.
8. No guarantee of uninterrupted supply
8.1. 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 Privacy Act 1982.
8.2. We do not promise uninterrupted electricity supply. However, if your electricity supply is interrupted, we will do our best to restore supply as quickly as possible.
9. Your responsibilities
9.1. You agree:
(a) To pay our accounts on time, as indicated on the invoice,
(b) To give us required information that is correct and complete,
(c) Not to tamper or interfere with any of our meters, lines or equipment, and not to allow anyone else to do so on your premises or property,
(d) To use electricity safely,
(e) Never to interfere with anyone else's electricity supply,
(f) Never to let electricity supplied to your premises or property be used at any other address,
(g) To allow our meter readers (who will carry proof of identity which you may ask to see) to enter your premises or property, to read the meter, at any time during normal working hours or at any other time arranged,
(h) To allow our service people (who will carry proof of identity which you may ask to see) to enter your premises or property to inspect, repair, install, replace, test or remove, any lines or equipment, at any time arranged for such purpose (or if there is an emergency as soon as the relevant people can be there),
(i) Not to obstruct or prevent our service people from carrying out work on other properties.
9.2. Failure to meet any of the above could result in disconnection of supply.
9.3. It is your responsibility to notify us of an additional authorized holder to the account which Supercharged Energy can disclose and discuss your account with.
10. Supercharged Energy’s responsibilities
10.1. We agree:
(a) To supply you with a safe, reliable, and good quality service (but with no guarantee of an uninterrupted supply),
(b) To repair any faults for which we may be responsible, as quickly as possible,
(c) To help you resolve any questions or complaints which you may have, about your account with us, or about our service, as quickly as possible.
11. Prices, fees, charging and payment
11.1. Our prices and fees are set out in the relevant Schedules which can be obtained online at http://www.superchargedenergy.co.nz/pricing-and-rates or by phone on 0800 425 009. Free Solar Rates can be obtained by visiting https://superchargedenergy.co.nz/find-my-free-solar
11.2. We may be required to alter our prices. In the event that this occurs we are obliged to provide at least 30 days’ notice. This notice (see paragraph 11.11) may be a published notice.
11.3. Our preferred arrangement for payment is by direct debit. To make payment our bank account details are 06-0541-0853444-00. Please contact us on 0800 425 009 if you would like us to provide you with a direct debit form. You may also sign up to direct debiting via our website.
11.4. Please contact us on 0800 425 009 to set up other payment options if for some reason you are unable to pay by direct debit.
11.5. Our invoice for charges will be sent to you fortnightly or monthly and the payment due date will be provided on the invoice.
11.6. Any prompt payment discount offered to you by us will be shown on the invoice. If we do not receive the discounted amount shown on the invoice by the discount expiry date (as also shown on the invoice), you will have to pay the full amount shown.
11.7. If any amount owed by you for electricity or network services is not paid by the due date, you should contact us immediately to make a suitable payment arrangement. Otherwise the amount will be treated as being overdue, and your electricity supply may then be disconnected. We prefer to have a satisfactory payment arrangement rather than having to disconnect your electricity supply for non-payment.
11.8. Where your electricity supply is disconnected for non-payment, we may charge a disconnection fee and, if supply is later reconnected, a reconnection fee.
11.9. Any collection or legal fees incurred by us in relation to charges which are due from you, and any of our costs in relation to dishonored payments of charges, shall be recoverable from you.
11.10. You will be responsible for all costs, including third party debt collection agency costs, of collecting any unpaid energy invoice.
11.11. We are required to assess your usage on a yearly basis to ensure that you are receiving the correct rate. If you fit the criteria for the regulated Low Fixed Tariff we will advise you and give you the option of changing your rate. If you are on the Low Fixed Tariff and we asses that you do not fit the criteria then we may notify you with at least 30 days’ notice that your rate will change accordingly.
11.12. Where you request a product or service that involves an additional cost, we will advise you of the additional cost at the time you make the request (or provide an estimate).
11.13. Please contact us if you think there is an error in our invoice or you dispute the amount. 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).
11.14. If you dispute any amount payable to us, you must tell us at least 4 working days prior to the due date specified on the invoice, tell us the amount in dispute and the reason you think there is a dispute.
11.15. We will investigate any invoice query within 10 working days and make any necessary adjustments.
12. Notices and commitments
12.1. You agree to contact us by email to firstname.lastname@example.org or via phone on 0800 425 009.
12.2. Unless we have agreed in writing; 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.
12.3. All invoices will be sent to you at the last address which you have given us if we fail to contact you by email:
(a) Delivered to the address to which you asked us to send information other than email; or
(b) Emailed to your last known email address, if you have agreed to have invoices delivered in this manner.
12.4. All notices will be sent to you, depending on the nature of the notification:
(a) Delivered to the address to which you asked us to send notices; or
(b) Emailed to your last known email address, if you have agreed to have notices delivered in this manner; or
(c) Noted on your invoice; or
(d) Published on our website.
12.5. To ensure you receive notices we require you to update us with your contact details should they change. Please tell us via email email@example.com and we will update your account information.
12.6. We are entitled to assume that a notice from us has been received by you:
(a) Three (3) days after it was posted to your last known postal address;
(b) The day after it was transmitted to your last known email address; or
(c) On the day after it was published on our website .
12.7. Invoices will be sent containing an actual or estimate usage fortnightly or every month, unless agreed otherwise. We shall be entitled to assume that any invoice for notice delivered or sent to you will reach you within 3 days of it being sent.
12.8. Invoice queries will be addressed or responded to immediately. If we are unable to resolve your issue immediately we will advise the reason and provide a reasonable timeframe that resolution can be made.
12.9. Time for livening standard new connections (i.e. where all necessary equipment is in place, line upgrades or extensions are not required, application of supply has been completed and other requirements are met): twenty (20) Working Days. The time for livening other new connections will be as agreed between us and you.
12.10. If we require to gain access to your property, except in routine situations (such as, for example, reading or inspecting a meter that is located on the outside of a building) or emergency situations, before accessing your property, we will provide written notice to you of the purpose and when we will be accessing your property at least 10 working days prior to requirement to access property.
12.11. If we are not supplying electricity at the commencement of the Arrangement, we will endeavour to commence supply as soon as possible after commencement.
12.12. If we receive compensation (through whatever means) from any third party (not just the Distributor/network company) for losses resulting from the interruption of supply, we will pass on an appropriate portion of that compensation to those customers whose supply was interrupted if this has not already been included in the price we offer you.
13. Measuring your electricity usage
13.1. In normal circumstances we measure your consumption of energy by a meter and will base our invoices on the actual amount of power you use.
13.2. If we are unable to obtain a remote reading because the meter is faulty, there is a communications fault or the mains are switched off, we may need to read your Meters manually or we may assess the electricity supplied to you.
13.3. If you did not cause or contribute to any fault found with a meter, we will arrange to repair or replace the meter.
13.4. We may assess the electricity supplied to you and charge you on this basis for up to 3 months in a row (or longer if we are unable to read the meter at your premises). When this is done the invoice will be marked as an estimate.
13.5. In making an estimate, we may take into account your use of electricity over similar periods, making adjustments as appropriate.
13.6. Once we have received an actual read we will send you an amended invoice.
13.7. The Meter reading fees applicable to your pricing plan are available at http://www.superchargedenergy.co.nz/pricing-and-rates.
13.8. You may request a Meter reading by emailing us at firstname.lastname@example.org
14. Ownership and responsibility
14.1. You own and are responsible for the electricity you use from the point of supply. (A point of supply is any point at which your lines, fittings, and equipment connect to a circuit breaker, switch, fuse, or other isolating device on the line network).
14.2. Ownership of electricity meters and metering equipment remains at all times with Supercharged Energy unless otherwise agreed.
14.3. You are responsible for maintaining, in safe condition and operation, all lines, fittings and equipment (other than any owned by us) on your side of any point of supply for your premises.
15. Access to premises
15.1. During the period we supply your property and up to a 12 month period after we cease supplying your property, you must provide Supercharged Energy, our service providers, metering equipment owner/provider and the Lines Company safe and clear access:
a) each property and any land over which you have an easement or right to pass electricity;
b) metering equipment;
c) any equipment used to supply electricity, so that we can supply electricity to you and for safety reasons;
15.2. We or they can enter your property for the following purposes:
a) read the Meters and remove equipment;
b) disconnect the power supply or reconnect;
c) inspect, test, install, operate, maintain, repair, replace, read, verify, or
d) investigate the cause of any interference with your power supply;
e) to clear trees, vegetation or other obstacles from lines and equipment;
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.
15.3. We or any person acting on our behalf will identify themselves when accessing your property.
15.4. We will always endeavor to arrange a time for access to your property, however, we are not required to agree a time for access where this is required for routine reasons (e.g. Regular meter reading, in which case access will be during normal working hours) or for safety reasons.
15.5. 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.
16. Metering and lines
16.1. You will be required to have a smart meter so that your usage can be read remotely. Where there is no smart meter at your premises we will make arrangements for a meter to be installed at no cost to you. If a smart meter is not able to be installed this could affect our ability to continue our arrangement with you.
16.2. We are responsible for installing and maintaining metering equipment and lines for each point of supply at your premises. You may not install meters yourself.
16.3. It is assumed that the electrical wiring and set up within the premises beyond the meter are compliant with the relevant NZ Electrical standards, regulations and codes of practice. If we are requested or required by law to address or remedy wiring issues within the premises beyond the meter to ensure compliance, you will be charged any remedial costs.
16.4. Where there is more than one meter for any point of supply, we will make arrangements with the other meter owner as to which of the meters is the primary meter.
16.5. We will try to read the meter at your premises at least once every 2 months.
16.6. We will only attend your premises to read the meter during normal business hours, unless you make other arrangements (for which a fee may be charged).
16.7. If we cannot get entry to your premises or property for any reason, we may assess the electricity supplied to you and charge an interim account on this basis. The costs of making this interim account will be charged to you.
16.8. We rely on third parties, including the Lines Company in order to supply our power to you.
16.9. 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.
16.10. 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.
17. Meter maintenance and accuracy
17.1. We are responsible for maintaining meters and equipment. This includes ensuring that any meter is accurate within industry standards and complies with relevant Regulations and Standards.
17.2. We will check and test your meter within 30 days if you make a request. There will be no charge if the meter is found to be inaccurate. If the meter is found to be accurate, then a meter test fee may be charged.
17.3. Where the meter is found to be inaccurate, and you have been overcharged for electricity, we will credit your account with us with the amount of any overpayment on the next invoice (unless you request a refund by cheque).
17.4. If you have been undercharged, we may add the amount of the underpayment to your next invoice unless, in our view, you could not have been expected to notice the inaccuracy or we accept that it would be unfair to recover the underpayment
18. Tampering with meter, lines or equipment
18.1. If we find or suspect tampering with a meter or lines or equipment at your premises, we may disconnect your electricity supply unless you can show to our reasonable satisfaction that you did not know about the tampering, and no-one you are responsible for knew or was involved.
18.2. If your electricity supply has been disconnected because of tampering or suspected tampering, and we decide to reconnect the supply, we may charge a reconnection fee along with any costs of repairing or replacing the meter, or the lines or equipment. We may also charge you for electricity, which we believe you should have paid for, if the meter, or the lines and equipment, was not tampered with.
19. Electrical safety
19.1. You must provide, at your cost, suitable safe and secure housing of all equipment that we or the lines company require for your supply.
19.2. You must comply with all line function service’s safety and technical requirements, including:
a) repair and maintain the equipment if it is not owned of supplied by us;
b) 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);
c) not permit the Equipment to be the subject of any security;
d) 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;
e) ensure that only qualified persons carry out any work on or affecting Equipment or your power supply;
f) 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.
19.3. Before we connect any new installation, or one that has been switched off for more than 6 months, we need to see the certificate of compliance. This is issued under the Electricity Regulations 1993 to make sure the installation in safe.
19.4. If you do not have the certificate of compliance, we can arrange the inspection and certification for you. We charge a fee for this service.
19.5. If we think any lines, fittings, equipment, installation, or appliance at your premises, or your property, may be unsafe, we may be required to carry immediate disconnection. We will endeavour to notify you immediately of disconnection occurring or we are unable to contact you as soon as practical.
19.6. If we think any lines, fittings, equipment, installation, or appliance at your premises may not comply with any legal requirement we may disconnect your electricity supply. Before disconnecting your supply we will give you as much notice as is practical.
19.7. Following any such disconnection, we will not resume electricity supply until you have taken all steps which we consider necessary to make the lines, fittings, equipment, installation, or appliance safe, and so that there is compliance with our requirements and with any enactment.
20. Supply interruptions
20.1. Your electricity supply may be interrupted by us or the distributor:
(a) For reasons beyond our control.
(b) For safety reasons, or to protect the line network or any system we use to obtain electricity, or because of an action taken in the national interest.
(c) To comply with instructions from the Distributor, Transpower, the Electricity Authority or any regulatory Authority.
(d) So maintenance, repairs and works can be carried out.
(e) To upgrade the quality of supply to your premises or surrounding area and to connect new customers that depend on the same network assets as you.
(f) For health and safety reasons.
(g) To preserve security of supply generally in order to:
i. prevent unexpected short term overloading of the Network;
ii. prevent voltage levels rising or falling outside statutory requirements;
iii. preserve the security of the Network or avoid or mitigate damage to the equipment of any person connected to the Network;
iv. Where we or the Distributor are called upon by a relevant authority through a regionally or nationally coordinated process to ration electricity in response to an anticipated shortage of electricity; or
v. If an act, event, omission or accident beyond our control causes such interruption. Examples of such an act, event, omission or accident include an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, earthquake, lightning, storm, significant Grid, generator or Network failure, your acts or omissions or any defect or abnormal conditions in or about your Premises.
20.2. Where we or the distributor (where the distributor has notified us within a reasonable time frame) have planned to interrupt your supply, we will give you at least 4 days’ notice of the time and expected duration of the outage, either by mail, or public notice.
20.3. If it is not practical to give you 4 days’ notice, we will try to give you as much notice as is practical. There may be cases where no notice can be given.
20.4. If your supply is as a result of an unplanned interruption for any reason we will restore your supply as soon as reasonably practical following that interruption.
20.5. You can report interruptions by contacting your network, 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.
20.6. If someone at the Premises is medically dependent you should ensure alternative arrangements are made in preparation for planned and unplanned power outages.
20.7. 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.
20.8. 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.
21. Faults and supply quality
21.1. If you suspect a fault, have issues with the quality of supply or consider there is a safety issue you can contact us on 0800 425 009.
21.2. Faults will be attended to depending on the nature by sending an investigator out within 24 hours.
21.3. If an investigation of power quality is required, we will respond to any request within five (5) Working Days of receiving a complaint from you regarding power quality. If the investigation cannot be completed within five (5) Working Days, we will provide an estimate of the time it will take us to complete the investigation.
21.4. If you tell us that you are concerned about voltage, we will install equipment at your Point of Connection to measure voltage sags. If the voltage is measured at your request and is within the required limits you will be charged the costs involved in measuring the voltage. You will not be charged if your voltage is measured and found to be outside acceptable limits.
21.5. Time to investigate a complaint you may make to us about our services is to be no more than twenty (20) Working Days.
22. Sensitive equipment
22.1. If you have sensitive equipment (for example, computers or other electronic equipment), or a special need for a continuous, non-fluctuating supply of electricity, you are responsible for making the necessary arrangements to protect your equipment or meet your special needs.
22.2. You are responsible for arranging insurance to cover you for any damage or loss which you may suffer due to any failure or interruption of your electricity supply.
23. Medically dependent customers
23.1. A medically dependent (MDVC) Customer is a domestic consumer who is dependent on mains electricity for critical medical support, such that loss of electricity may result in loss of life or serious harm. For the avoidance of doubt, medical dependence on electricity could be for use of medical or other electrical equipment needed to support the treatment regime (e.g. a microwave to heat fluids for renal dialysis or equipment).
23.2. If you are or believe you a medically dependent consumer you will need to provide us with a Notice of Potential Medically Dependent Consumer Status form, which your health practitioner can give you. We will comply with the requirements of the Electricity Authority’s guidelines relating to medically dependent consumers (ea.govt.nz/consumer).
23.3. If you are medically dependent you must maintain a back-up power supply or any other emergency arrangements that will ensure your health and safety in the case of an interruption to your energy supply. Energy supply may be interrupted at any time without warning.
24. Vulnerable customers
24.1. You are a Vulnerable Customer if disconnection of electricity at your premise presents a clear threat to the health or well-being of you or a member of your premise. This could be because of age, health or disability. You can inform us at any time if you are or become a Vulnerable Customer.
24.2. If for any reason we form the honest belief that you are a Vulnerable Customer, and
(a) you do not make regular bill payments and your supply is at risk of disconnection; and
(b) we have provided you with all the assistance we are reasonably able to; and
(c) you are still unable to make our payments;
you authorise us to consult with Work and Income.
24.3. If you are not a Vulnerable Customer, you can still agree that we consult with Work and Income if:
(a) you do not make regular bill payments and your supply is at risk of disconnection; and
(b) we have provided you with all the assistance we are reasonably able to; and
(c) you are still unable to make your payments.
24.4. If you have nominated a person with whom we can discuss the details of your Account under paragraph 9.3 we may also discuss financial assistance with that person.
25. Personal information
25.1. You agree that we may collect information about you for our business purposes.
25.2. Any Personal Information obtained by us will be held and used by us in accordance with the Privacy Act 1993. Under the Privacy Act, any person to whom such Personal Information relates may at any time request access to (or if necessary) correction of, that information.
25.3. You may request any personal information which we have about you, and we will correct any of this information if you show it to be wrong.
25.4. Personal information about you, which we hold for business purposes, may also be used for credit information purposes, as well as for statistical purposes (in relation to electricity, consumption, and usage).
25.5. We may use information we collect and hold about you for any of or all of the following purposes:
(a) to supply electricity to you
(b) to invoice you and for billing purposes
(c) to carry out credit checks or debt collection
(d) to send you notices or contact you
(e) to meet the requirements of the Utilities Disputes Commissioner
(f) to meet the requirements of the owners or operators of the network and associated supply
(g) to provide information requested by any regulatory body (i.e. Electricity Authority or Commerce Commission)
(h) contacting you in the event of planned outages and disconnections.
25.6. Personal information about any debt you owe to us will not be given to any debt collecting agency before we tell you by writing to you at the last address which you have provided.
26. Disconnection and resumption of supply
26.1. Your electricity supply may be disconnected, without our arrangement with you coming to an end, for the following reasons.
(a) Non-payment for electricity or network services supplied that relates to an invoiced amount.
(c) Electrical safety.
(d) If we are denied access to your premises or property where we reasonably suspect tampering or have not been able to read the meter for more than 3 months.
(e) If you do not provide a required bond or other payment security when requested
(f) If you ask to have supply disconnected.
26.2. Before disconnecting (except when safety is a concern or if you have requested disconnection),
(a) We will give you between 7 and 14 days’ notice in writing of the intention to disconnect. Notice of disconnection will be emailed in the first instance, then posted to your address failing response from you.
(b) A further attempt will be made which may include attempting to contact by phone (outside business hours if necessary), email or using information provided by you to contact other authorised persons by you.
(c) We will also attempt to give you a final warning 24 hours before disconnection.
26.3. The disconnection notice will specify the timeframe within which the disconnection will take place.
26.4. Disconnection will occur on a working day that is not a Friday or the day before a public holiday unless you have requested it.
26.5. A disconnection fee may be charged when your supply is disconnected.
26.6. If we disconnect your electricity supply, and later agree to reconnect it, we may require one or more of the following:
(a) A reconnection fee.
(b) A bond (or any increase in the amount of any bond already held), or some other payment security.
26.7. In the event of reconnection we need to be provided with assurance that either someone is present on the premises or all appliances have been disconnected to ensure safety for you and your property.
26.8. Only a qualified and authorised (by us) person may connect, or reconnect your premises.
27. Disconnection for other reasons
27.1. You may also be disconnected if.
184.108.40.206. Theft: There is reasonable evidence of electricity theft;
220.127.116.11. Willful Damage: There is reasonable evidence of willful interference or damage by you to any equipment relating to the supply of electricity to your Premises,
18.104.22.168. Generation: You generate electricity at your Premises and send it into the Network without the Distributor’s prior consent,
22.214.171.124. Use of Lines: You send signals or other communications through the Network that have not been agreed or are unlawful.
126.96.36.199. No access: Over two (2) consecutive occasions you prevent us or the Distributor from coming onto your Premises
188.8.131.52. Interference: You use electricity at your Premises in a way that interferes with the quality of the electricity supplied to others, or interferes with the Network, and you do not stop the interference as soon as you become aware of it;
184.108.40.206. Application criteria: You move into Premises we supply and apply to join us, but do not meet our application criteria;
220.127.116.11. Emergency access: If you deny immediate access to your Premises for us or the Distributor .
18.104.22.168. End of arrangement: This arrangement is terminated and you are still consuming electricity;
22.214.171.124. Network requirement: There has been an occurrence, or there are circumstances, that may adversely affect the proper working of the Network or transmission system;
126.96.36.199. Safety reasons: Disconnection is required to avoid endangering persons or property or for other safety reasons, including where trees, vegetation or other obstacles are close to or touching Lines or related equipment so as to create an immediate danger.
27.2. We will only disconnect or terminate for these reasons if they are for material breaches and where the material or persistent breach is clearly established and not the subject of a dispute resolution proceeding.
28. Supply arrangements
28.1. Unless terminated, your arrangement with us will continue to apply for as long as you remain our customer (have occupancy or are a tenant), regardless of whether you change your address.
28.2. If our arrangement with you ends, some terms of the arrangement which, in our view, may sensibly still apply, shall continue to have effect until the purpose is served.
28.3. If any of the terms of our arrangement with you cannot be enforced, that will not affect the other provisions, which will remain binding.
28.4. You may not assign or transfer to anyone else any of your obligations or responsibilities under our arrangement with you.
28.5. Only the person that the arrangement is with is authorised to discuss your account or other matters with us. You may however assign more than one person to act as an authorised contact. A preferred contact is a person who has agreed to assist if a disconnection or payment issue is pending.
28.6. We may assign or transfer our rights and responsibilities under our arrangement with you to another party, but if we do this, we will give you written notice.
28.7. We may also subcontract or delegate the performance of any of our responsibilities under our arrangement with you, to any other party.
28.8. 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.
29.1. If you do not meet your responsibilities under your arrangement with us, written notice will be sent to you explaining what is wrong, what needs to be done, and when it must be done by.
29.2. If you do not comply with such a notice, we may then end our arrangement with you by sending another notice to you. The ending of the arrangement shall not release you from any outstanding obligations to us.
29.3. Please advise us within ten (10) working days if you want to end this arrangement. Our charges will stop at the time you arrange (if by that time there has been a final meter reading and you have stopped receiving electricity and/or network services from us), and your arrangement with us will then come to an end when any outstanding amounts due to us have been paid.
29.4. We will cease supply as soon as reasonably practicable following instruction from you that you wish to terminate.
29.5. 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.
30. Complaints and disputes
30.1. Complaints should be made directly to us in the first instance and can be made either in writing or by phone to 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.
30.2. If you have made a complaint about charges and services for electricity and/or network, your electricity supply will not be disconnected for non-payment for the period of the disputed amount. All other due amounts, those outside of the period of the dispute must continue to be paid according to the payment requirements in paragraph 8 or may result in disconnection.
30.3. After a complaint about charges is resolved, any amount found due to you will be credited to your account with us, immediately.
30.4. If, however, an amount is found to be due to us, you agree to pay that amount within 10 business days of the finding. If you do not do so, the amount will be treated as overdue, and your electricity supply may be then disconnected.
30.5. If you are not happy with the way we have dealt with your complaint, or if it has not been resolved within 20 Business Days, then you may refer your complaint to the Utilities Disputes Limited, call 0800 22 33 40 or www.utilitiesdisputes.co.nz.
30.6. This does not affect your ability to take the complaint to the Disputes Tribunal or the Courts.
31. Compensation and liability
31.1. If through negligence we cause physical damage to your premises or property we will pay to the owner or owners of the property damaged the reasonable costs of repair and of replacing any item which in our view shall be replaced, up to a maximum of.
(a) $10,000.00 for any single event or any series of related events.
(b) $50,000.00 in any 12 month period, for all events or series of related events.
31.2. Subject to the rights of compensation referred to above, we will not be liable to you for:
(a.1.a) any other loss or damage (whether direct or indirect, or special or consequential, or
(a.1.b) whether pecuniary or non-pecuniary) which we may cause or
(a.1.c) which any of our contractors or agents may cause (whether through inadvertence, negligence, breach of contract, or breach of any other obligation owed to you, or otherwise), or
(a.1.d) which may be due to some action or failure to act, or
(a.1.e) to negligence, of the third party, or
(a.1.f) to any event beyond our control.
31.3. If for any reason it is held that this exclusion of liability cannot be relied upon in any case, then our liability to you shall be limited, and such case, to
(a) $1000.00 for any single event or series of related events
(b) $5000.00 in any 12 month period, for all events or series of related events.
31.4. The Consumer Guarantees Act 1993 (CGA) applies if you buy electricity or electricity supply services for personal, domestic or household use, not for use in trade or a manufacturing or production process. The CGA therefore applies to both electricity Retailers and Distributors.
31.5. The CGA gives you the benefit of various guarantees, including:
(a) That our electricity is of acceptable quality, and is fit for the purposes for which you buy it; and
(b) That we will provide our services to you with reasonable care and skill.
31.6. If we breach any of these guarantees, your rights of redress are set out in the CGA.
31.7. You agree that the CGA will not apply to the extent you acquire electricity and electricity supply services from us for the purposes of a business.
31.8. Nothing in this Arrangement will limit your rights under the CGA
31.9. 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.
32. Contact details
32.1. Please use the contact details below if you need to get hold of us.
Phone: All Inquiries firstname.lastname@example.org
Faults or emergencies: 0800 425 009
Should you need to contact Utilities Disputes Commissioner Phone 0800 22 33 40 email email@example.com
Free solar means: Two solar panels, one inverter.
Equipment means: Solar panels, inverters, solar mounting and cables, lines, Meters, transformers, switchers, relays, fuses, wiring and any other equipment used to supply power to your Premises.
Premises means: The premises to which power is supplied by us to you.
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 and or Meter Owner; and acts of god or war.
Lines Company and distributor means: the owner of the local lines network to which your Premises are connected.
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.
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
Meter Owner means: the person that owns the Meters situated on your Premises.
Code means: the Electricity Industry Participation Code 2010 as amended from time to time.
Working Days or Business Days means: a day other than a Saturday or a Sunday that registered banks are open for normal business in Auckland.