Electric Kiwi - Terms and Conditions
Effective from 1 August 2019
These terms and conditions are a legally binding document between you and us regarding the services we provide.
Electric Kiwi has no contract period, you're free to leave at any time.
- Start date of this Agreement
- End date of this Agreement
- We may change this Agreement
- Your responsibilities
- Our responsibilities
- Things that can prevent us from providing our services to you
- Our prices
- How we determine how much electricity we supply to your property
- Estimating your usage
- Billing and payment
- Initial deposit
- Controlled load and uncontrolled load customers
- Ending our obligation to supply electricity to you
- You may request us to stop supplying electricity
- Moving out of your property
- Specific terms for vulnerable customers
- Access to your property
- Information and privacy
- Network operator requirements
- Dispute resolution and complaints
- How much we might be responsible for under this Agreement
- Ownership of equipment
- Assignment of this Agreement
- Notices to you
- Definitions of terms used in this Agreement
1. Start date of this Agreement
This Agreement applies from when you ask us to start supplying electricity to any property or properties (including online or orally with our authorised Representative), and we agree to, and commence, that supply.
If you move into a property to which we already supply electricity, this Agreement also will apply while we continue to supply electricity at that property, and you must pay for the electricity supplied from the time you move in. You may be required to give us evidence to demonstrate the date you moved into the property.
We can only start to supply electricity to you under this Agreement if your property has a smart meter installed that is able to remotely communicate your electricity consumption information to us or our Representative daily.
If electricity is not supplied at the commencement of this Agreement, we will endeavour to commence supply as soon as reasonably practical, subject to any requirements set out in this Agreement.
2. End date of this Agreement
You can stop the supply of electricity under this Agreement at any time by:
- switching to another electricity retailer who will advise us of the switch; or
- giving us at least 48 hours’ notice requesting that we transfer the supply to a new address; or
- giving us at least 48 hours’ notice requesting disconnection.
The supply of electricity under this Agreement will end with respect to the supply of electricity to your property when:
- a switch process is completed;
- for a requested transfer, on the date we commence supply you at another property;
- for a disconnection, when supply to your property is disconnected; or
- a person who has moved into your property becomes our customer or the customer of another retailer.
This Agreement will continue to apply after we have ceased to supply electricity to you until you have satisfied all of your obligations to us under this Agreement (including payment obligations) and, in relation to access to and removal of Equipment only, for an additional period of 6 months.
3. We may change this Agreement
We may change this agreement at any time. We will notify you of upcoming changes on your next invoice or by email. We will only notify you of any change to any special terms that will continue to apply to you.
Any changes to this Agreement will take effect from the first business day of the month following the date of the invoice or email notifying you of the changes. The updated terms and conditions will be made publicly available on our website at Terms and Conditions
4. Your responsibilities
You agree that you will:
- make all payments to us in accordance with this Agreement and on time;
- give us correct information;
- tell us and your network operator if you plan to generate your own electricity and inject it back into the network;
- not bypass any meter at your property or allow anyone else on your property to do so;
- not tamper or interfere with any electricity line or meter or other Equipment at your property or allow anyone else on your property to do so (you may be liable to the network operator or us or our Representative for any damage to Equipment unless emergency action was required to protect any person or prevent damage to any property);
- use electricity safely (refer to https://worksafe.govt.nz/managing-health-and-safety/consumers/safe-living-with-electricity/ for guidance on electricity safety in the home);
- never interfere with anyone else's electricity supply;
- never let electricity supplied to your property be used at any other address;
- not connect the electricity supplies from two or more separate properties;
- allow our Representatives to enter your property, to read the meter, at any time during normal working hours or at any other time arranged with you in accordance with this Agreement;
- not prevent or restrict us or our Representative from obtaining data from an electricity meter at your property and not allowing any other person on your property to do so;
- tell us immediately if you become aware that the meter or any other Equipment at your property has been, bypassed, tampered or interfered with, or is damaged or faulty;
- allow our Representatives to enter your property to inspect, repair, install, replace, test or remove any Equipment in accordance with this Agreement;
- if the meter at your property is bypassed, tampered or interfered with or damaged, pay us any costs we incur investigating that or connecting, repairing or replacing the meter.
- ensure any meter or other Equipment installed on your property that was not supplied by us or our Representative meets, all legal and industry requirements, industry codes and standards and the network operator's standards including connection, safety and technical requirements.
- provide and maintain suitable space for the safe and secure storage of any of the network operator’s or our or our Representative’s Equipment;
- not use the electricity network to send or receive any signal or communication or other thing or cause or permit any other person to do so;
- not modify, connect or disconnect any equipment to or from the electricity network;
- ensure trees and vegetation on your property are kept free from Equipment (and if you do not, we or our Representative may give you written notice requiring you to do so within a specified time at your cost) and comply with the Electricity (Hazards from Trees) Regulations 2003 (available from https://worksafe.govt.nz/laws-and-regulations/regulations/electrical-regulations/electricity-hazards-from-trees-regulations-2003/); and
- not physically, verbally or otherwise abuse us or our representatives or make repeated frivolous or vexatious claims in relation to us or your electricity supply;
- ensure that the email address you have supplied us with is correct and kept up to date.
5. Our responsibilities
We agree that we will:
- supply you with electricity in accordance with this Agreement, good industry practice in New Zealand and applicable industry protocols and codes of practice (but with no guarantee of an uninterrupted supply);
- notwithstanding any other term of this agreement, comply with all applicable guarantees under the Consumer Guarantees Act 1993 with respect to the supply of electricity to you (unless the electricity is acquired for a business in which case this clause and the provisions of that Act will not apply to this Agreement);
- arrange for the supply of electricity to your property through the power lines that connect your property to the electricity network. We will arrange this with the network operator relevant to your property, unless you have a contract with the network operator, in which case this will be arranged by the network operator rather than us;
- arrange for measurement of the amount of electricity that we supply to you through a metering services provider;
- send you invoices for electricity supplied by us and services provided, or for costs incurred by you, under this Agreement; and
- respond to all of your enquiries by live chat or by email; and
- always treat you professionally and courteously.
6. Things that can prevent us from providing our services to you
We are not required to perform our responsibilities to you if an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities.
Some examples where your electricity supply may be interrupted or reduced, or any meter or line temporarily disconnected are:
- for maintenance or testing of, or for repairs or alterations to, electricity lines, metering associated equipment or the electricity network;
- to upgrade or protect your or another person's electricity supply, or to connect another person to the electricity network;
- for emergency or load management reasons (in which case interruption may occur without prior notice);
- in accordance with your Pricing Plan (e.g. controlled hot water heating);
- for health and safety reasons, or to avoid danger to persons or damage to property;
- if circumstances exist or something happens that may adversely affect the proper functioning of the electricity network;
- by, or on the instructions of, the network operator, metering service provider or Transpower;
- on the instructions of the Electricity Authority or other regulatory authority;
- if our agreement with the network operator or a metering service provider is affected by default or insolvency or is terminated for any reason,
- if an event occurs affecting electricity supply where we need to reduce supply and you don't stop taking energy from the network when we ask you to; or
- Acts of God, storms, floods, earthquakes or other natural disasters, terrorist attacks, civil commotion, war, fire, explosions or accidents.
If we or our Representative plan an interruption pursuant to clause 6.2a or b which will affect your supply of electricity, we or the relevant Representative will give you at least four business days' notice of any the interruption. If your electricity supply is interrupted for any other reason, we or our Representative will give you as much notice as reasonably practicable of the time and expected duration of the interruption. Notices under this clause may be given by email, by mail, by public notice in a local newspaper or by posting the notice on our website or the website of your network operator. This notice requirement does not apply to routine interruptions of supply in accordance with your Pricing Plan (e.g. controlled hot water heating).
If your supply is interrupted for any reason (other than non-payment) we will restore your electricity supply as soon as reasonably practicable. Should you wish to report, or require an update on, a supply interruption you can contact the faults number set out on your invoice or as detailed on https://www.electrickiwi.co.nz/outages.
The faults number is available 24 hours a day and information on supply interruption will be updated regularly in accordance with good industry practice.
If we receive compensation from a network operator, Transpower or another third party for losses that result from defects or interruption to electricity supply, we will calculate in good faith but in our sole discretion, and pass on to you, an appropriate portion of that compensation.
7. Our prices
We will charge you for electricity and any other services at the rates, fees and charges detailed in your Pricing Plan and any special terms applicable to you. We may also charge service fees for services provided under this Agreement at our then current rates.
Your current Pricing Plan can be accessed via the My Account section of our website.
We may change your Pricing Plan from time to time by sending you notice of any changes by email. We will provide a least 30 days notice of any changes to your Pricing Plan.
If you choose to pay us by credit card or bank account instant payment, a payments surcharge may also apply, these surcharges are detailed within the Service Fee section.
A list of our standard service fees, and the circumstances where they apply, is set out on the Service Fee page. We will notify you if we become aware that you will incur a service fee that you have not already agreed to (such as a disconnection or reconnection fee) including the amount of the fee (or an estimate of that amount), and, where appropriate, explain how you can avoid that fee.
8. How we determine how much electricity we supply to your property
We will remotely read the meter on your property on a daily basis or, if we have not read or are unable to read the meter for any reason, or some or all usage data is missing from our attempts to read the meter, we will estimate the amount of electricity supplied to your property until such time as the meter can be remotely or physically read.
We may also send a Representative to physically read the meter or ask you to read the meter for us.
If you ask us to test the meter, or if we decide to test it, and we find it is not within the industry standards of accuracy, we will estimate what we believe your actual electricity usage should have been. If you ask us to test the meter, and it is found to be accurate, we may charge you for testing the meter.
Your meter must remotely communicate your electricity consumption information to us each day. If the meter is unable to communicate this information within 5 days:
- we will contact you to discuss possible causes;
- our Representative may visit your property to determine the cause of the communication issue. If we find that you have contributed in any way to the reduction in signal strength or loss of communication, you will be charged our standard service fee for a site visit, and any subsequent visits required to attempt to resolve this issue;
- if we are unable to resolve a meter communication issue, we will be unable to continue to service you as a customer and may end the supply of electricity under this Agreement. We will notify you of this along with details of where you can access information about other retailers who do not require daily meter reads.
All meter readings, tests and associated processes will be done in accordance with relevant electricity industry codes and standards.
9. Estimating your usage
- we do not have complete or correct records of your electricity usage;
- the meter at your property has incorrectly measured the amount of electricity used;
- our Representative has incorrectly read the meter; or
- we cannot access the meter (including remotely) for more than 5 days even though you met your access obligations under this agreement.
We will estimate what the actual electricity usage at your property should have been.
Where we can reasonably do so, we will update any estimated usage data with actual usage data, or if we are unable to retrieve actual data, we will finalise our estimate after validating it against the meter. If you provide us with a valid actual meter reading, we will amend our estimate data. Finalised estimate data will then be treated as if it were actual data. If you request it, we will provide you with a explanation of how our estimates are calculated.
If an adjustment is required, we will invoice or credit you for the amount for any differences in calculated charges.
If you dispute our estimate, you should let us know (by sending us a message via My Account or contacting us via live chat) prior to your next invoice date. Failure to do so will result in us debiting the calculated charge for this electricity from your nominated account.
10. Billing and payment
You must pay our charges for the electricity we supply to you (including where some or all of that is estimated by us) and any other charges, fees and GST payable under this Agreement.
We issue invoices covering your usage on a fortnightly basis, unless you select weekly or monthly billing via the My Account section of our website. We reserve the right to issue your invoices (and receive payment) on a weekly basis if any of your prior invoices have not been paid in full by the due date.
Your invoice will set out the due date for payment, which will be no less than two business days from the date of your invoice. If we send your invoice more than two months after the period to which it relates, you have at least 31 days to pay it. If we send your invoice more than three months after the period to which it relates, we will discount the charges. You will not be liable to pay any interest on an invoice that is incorrect or which we are late in sending you.
The invoice will separately itemise:
- your identifier number(s) of all installation control points at the property;
- the quantity and cost of the electricity supplied (or estimated to have been supplied);
- any relevant fees and charges;
- other products or services supplied to you.
You must nominate a New Zealand bank account or credit card for payment of amounts invoiced by us and ensure your nominated account is up to date and has sufficient cleared funds to cover all payments due to us at the time for payment.
If we have not otherwise received payment from you by the payment date specified in our invoice, payments will be debited from your nominated bank account or credit card at that time.
If you opt to pay by direct debit, you agree to our Direct Debit Authority Special Terms.
You may change your payment method via the My Account section of our website. You must make the change at least 24 hours before a scheduled payment, otherwise the change may not occur.
If you do not pay any amount which is due and payable under this Agreement, or if payment from your nominated account is dishonoured, cancelled or refused, you agree that we can charge you our costs in collecting the amount you owe us (including bank fees, credit agency fees, legal and court fees) and exercise our rights to end this Agreement.
We do not offer alternative payment mechanisms. If you are unable to provide a valid New Zealand bank account or credit card we will be unable to continue to service you as a customer and may end the supply of electricity under this Agreement. We will provide you with details of electricity providers who offer other payment mechanisms if you request this from us.
11. Initial deposit
If you become our customer, or you change your payment method, you authorise us to charge $4.99 from your nominated bank account or credit card for verification purposes. This deposit will be credited against your next invoice and is non-refundable.
If the initial deposit is not cleared by your bank, one of our Representatives will contact you. That Representative may require you to re-verify your bank accounts details.
12. Controlled load and uncontrolled load customers
Your Pricing Plan will be based on our evaluation of your meter configuration, the default position will usually be the existing configuration at your property.
If your meter supports it, after being accepted as our customer you may contact us to request to switch between being a controlled load customer (appliances such as a hot water cylinder can be switched off by us or your network operator for short periods at time of high electricity demand) and an uncontrolled load customer.
13. Ending our obligation to supply electricity to you
Our Representatives or the network operator may disconnect the electricity supplied to your property and we may end this Agreement (unless you are a vulnerable customer and the provisions of clause 16 apply) if any of the following occur:
- you do not pay any amounts owed to us by the due date for payment and you are not disputing the unpaid amount using our dispute resolution process specified in this Agreement (and, in the case of non-payment of an estimated amount, we reasonably believe it is fair and reasonable to do so in the circumstances);
- you do not meet your obligations under this Agreement which is capable of remedy and the relevant matter is not being dealt with under the dispute resolution process specified in this Agreement. Before disconnecting you, we will give you the chance to meet your obligations and we will tell you how to do that;
- you do not meet your obligations under this Agreement and the relevant breach has been clearly established and is not capable of remedy;
- you have been made bankrupt;
- you move into a property that we supply electricity to, and you do not tell us;
- you have an unmetered supply connected to your property or your meter is not a smart meter that is able to remotely communicate your electricity consumption information to us or our Representative daily;
- you have removed or tampered with your smart meter or the transmitting function from your smart meter, or you take advantage of metering equipment that is inaccurate or not operating correctly, or you cause or allow someone else to cause any other loss or damage to us, the network operator or meter owner;
- you ask to have your supply disconnected, either permanently, or temporarily for safety reasons. If that is the case, we will disconnect the electricity supply as soon as reasonably practicable and when it is safe to do so;
- the network operator requires us to disconnect the supply under any agreement with them.
If we intend to disconnect the electricity supply to your property for non-payment, we will tell you at least seven business days before we disconnect the electricity supply. We also will give you a final warning at least 24 hours before we intend to disconnect you. We will do this by sending an email to the email address we hold for you. Each notice will include information about the timeframe within which disconnection will take place and what you need to do to prevent disconnection. We will only disconnect you on a business day that is not a Friday or the day before a public holiday.
If the network operator disconnects your electricity supply to your property under this Agreement for any reason, we may require you to reimburse us for any fees charged by the network operator to us under any agreement with the network operator for the disconnection and any subsequent reconnection.
We have the right to refuse to reconnect the electricity supply to your property if we have disconnected it for any of the reasons referred to in this Agreement. However, if we have disconnected your electricity supply for non-payment and you satisfy our reasonable requirements for reconnection, we will restore your electricity as soon as reasonably practicable. If we agree to reconnect your electricity supply this will be confirmed by live chat, email or by telephone.
14. You may request us to stop supplying electricity
If you want us to stop supplying electricity to your property, you must give us at least 48 hours' notice. We will stop supplying electricity to your property as soon as reasonably practicable after you give us notice. The cost for electricity supplied to your property up to the date we disconnect you and the fee for conducting a final actual meter reading (if applicable) will be included in your next invoice.
If you have applied to switch to another electricity supplier, that supplier will advise us so that we can undertake the switch process together. We will facilitate the switch process, but you will remain our customer until the switch process is completed. You will need to pay us for all electricity supplied to your property and any other charges incurred before the switch process is completed.
15. Moving out of your property
If you intend to move out of your property, you need to tell us at least 48 hours in advance. The cost for electricity supplied to your property up to the date we disconnect you and the fee for conducting a final actual meter reading (if applicable) will be included in your next invoice.
If you do tell us of your intention to move out of your property, you will remain liable for all electricity and other associated services supplied to your property until either:
- you notify us that you have moved (and you agree to supply us with sufficient evidence to demonstrate the date that you moved); or
- the person who has moved into your property tells us that they have become our customer or the customer of another retailer for supply of electricity to that property.
We may be able to supply electricity to your new address if it is within our coverage area and has a meter able to remotely communicate usage data daily. If you wish us to supply electricity to your new address, please give us as much notice as possible, in any event at least 48 hours' notice. We will need to undertake the switch process together with the previous electricity supplier to the new address. It could take up to 10 working days from you notifying us of your move for the switch process to be completed. If we agree to supply electricity to your new address, your account with us will cover the supply of electricity and other associated services at your new address and all outstanding charges carried over from your former address.
16. Specific terms for vulnerable customers
You are a vulnerable customer if you (or someone else who lives at your property):
- have health issues that mean there is a real and genuine threat to your health or wellbeing due to age, health or disability;
- rely on medical equipment due to a critical medical condition and that equipment relies on the supply of electricity to keep it operating properly;
- are financially vulnerable meaning that you experience temporary or permanent financial hardship that makes it genuinely difficult for you to pay for the electricity we supply to your property.
You must tell us if you believe you are a vulnerable customer.
We may require verification of this status by a suitably qualified third party (such as a doctor).
If you are a vulnerable customer, we may require you to re-verify that status from time to time. Re-verification may be required:
- when we would have ordinarily disconnected your electricity supply if you were not a vulnerable customer; or
- for any other reason, but no more frequently than once every 12 months.
You must pay all costs associated with seeking or confirming vulnerable customer status. However, we will reimburse you for the reasonable costs incurred if the verification or re-verification confirms that you are a vulnerable customer.
If you are a vulnerable customer, we will not disconnect your electricity supply using the procedure under clause 13.2 if you have not paid us on time unless there is an immediate safety risk. The procedure in this clause 16 will apply to vulnerable customers instead. However, if you do not deal with us in good faith and engage with us to assist in resolving any problems with payment, we may elect to treat you as a regular customer and apply the disconnection procedure in clause 13.2.
If you are a vulnerable customer you must provide us with an alternative contact, who agrees to assist you financially if disconnection is pending because you have not paid us on time. Before commencing the disconnection process, we will endeavour to contact your alternative contact and attempt to arrange for them to pay any amounts you owe us.
If we are unable to contact the alternative contact, or if the alternative contact is unable or unwilling to pay the amount owed to us, the following procedure will apply:
- we will take reasonable steps to try to contact you to arrange payment at least seven days before we plan to disconnect your electricity supply. This may include a letter, telephone call, text message or email;
- a final notice will be sent to you at least 24 hours before the planned disconnection;
- if we are unable to contact you or you do not respond to us, our Representative will visit your property when we plan to disconnect your electricity supply;
- if we make contact with you, we will consider any factors brought to our attention which may make it reasonable for disconnection to be put on hold. If we do not believe there are sufficient grounds to put disconnection on hold, we will disconnect the electricity supply to your property
- if we cannot make contact with you and no one is home when our Representative visits your property, we will disconnect the electricity supply to your property.
17. Access to your property
You must provide us, the network operator and our Representatives, and with safe, unobstructed access to and over your property, including the interior and exterior of any buildings on the property and any land where any Equipment is located, when we reasonably require access. This includes ensuring any animal on your property is kept under control and you do not threaten, harass or assault any of our Representatives.
We may need you to provide access to your property:
- to inspect or take readings from the meters or to verify any metering information;
- to install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove meters or other Equipment;
- to connect or disconnect your connection point;
- to restore electricity following an unplanned outage;
- to investigate the cause of any interference to electricity supply or metering data transmission;
- to protect, or to prevent damage or danger to, people or property;
- to disconnect the electricity supply in accordance with this Agreement;
- to ensure you are meeting your obligations relating to trees and vegetation under clause 4.1s;
- to install or maintain or remove a load control device; or
- for any other reason relating to electricity supply or electricity network services provided by us or the network operator or the meter reader or meter owner.
Except in an emergency or for routine situations (for example, reading a meter on the outside of a building), we or our Representatives will give you notice of when and why we need to access your property. We will give you:
- at least 10 business days' notice if we, the network operator or our Representatives need to construct, upgrade, repair or maintain any Equipment; and
- a reasonable period of notice if we, the network operator or our Representatives need to inspect or operate any Equipment.
We may provide you notice of any intention to access your property in writing, by text message email or telephone call.
If we, the network operator or our Representatives need to access your property in an emergency situation, you agree that those parties may take reasonable steps to gain access to your property without your permission and without prior notice.
When we or our employees or Representatives access your property, we and our Representatives will:
- take reasonable steps to minimise direct impacts on your property or any inconvenience to you; and
- cmply with your reasonable requirements (such as, for example, the time of entry, leaving gates as found, driving in a safe manner and taking reasonable steps to avoid stock, avoiding access through specific areas).
We will require our Representatives, when accessing your property to
- identify themselves to you before entering your property;
- carry identification showing they are our authorised Representatives and show this to you if requested;
- act courteously, considerately and professionally at all times.
If you do not provide safe and unobstructed access to your property:
- when required by the network operator, the network operator may disconnect your electricity supply and reclaim its Equipment; or
- when required by us or our other Representatives, we may require you to pay any fees required to resolve any access issues. These fees may include one-off or ongoing fees. If we cannot resolve any access issues, we may disconnect the electricity supply to your property.
The access rights you agree to provide under this Agreement are in addition to any access rights conferred by any statute or regulation.
You need to provide us with a key and/or security system code or arrange access to Equipment if any of it is located behind locked doors or gates. If we hold a key to your premises that was supplied by a previous customer or landlord, we will ask your permission to use it. If you say no, you will need to make alternative arrangements with us for access. However, if we hold a key that is used to access meters in a common area (for example, an apartment block meter room), we will continue to use the key to access that area but will not enter your private premises. We will keep all keys and security codes you give us secure and only use them to fulfil our rights and obligations under these terms and conditions. We will only return your key to you or your authorised person if you are still our customer at the premises. If we no longer need your key to access Equipment, we will destroy it securely (we will let you know before we do this), or if you are still our customer at the premises and you request it, we will return the key to you.
18. Information and privacy
You must provide us with, and you authorise any other person who holds information about you or the members of your household and your property to disclose to us, any information we reasonably request in relation to this Agreement. We may require information from you to confirm your identity and may require a copy of a form of identification, such as a driver’s licence.
Any information you provide to us must be correct and complete. You must let us know as soon as possible if any information you have previously provided to us becomes incorrect or changes.
You can ask us for access to any personal information we hold about you. If you believe that information is incorrect, you can ask us to correct that information.
We may verify information or collect information about you, members of your household or your property, from:
- other organisations or people such as credit agencies, the network operator and other electricity suppliers;
- you or a member of your household's doctor, any District Health Board, the Ministry of Social Development including Work and Income or any source trusted by us for the purposes of verifying whether you are a vulnerable consumer;
- the network operator and our Representatives for the purposes of supplying you with electricity and associated products and services;
- debt recovery or credit checking agencies or our Representatives or our lawyers for the purpose of reporting on your payment history, collecting outstanding moneys or credit checking, and other electricity suppliers in New Zealand or their agents for credit reference and credit checking purposes; and
- any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with the Electricity Industry Participation Code or other industry codes and standards,
and you agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.
Our Representatives, including debt recovery and credit checking agencies, to whom we may disclose your personal information may:
- pass and disclose that information to other debt recovery or credit checking agencies and their subscribers;
- use that information for the purposes of debt recovery or credit checking;
- publish that information on their debt recovery or credit checking databases; and
- provide that information to third parties for purposes of checking repayment history or creditworthiness.
You authorise us to act as an agent on your behalf to request your prior 24 months’ electricity consumption information from any prior electricity retailer in accordance with the Electricity Industry Participation Code. You authorise us to use any prior electricity consumption information received from a prior retailer in order to determine the most appropriate metering configuration, pricing option (either low user of standard user), or network operator tariff type.
You and we agree to maintain the confidentiality of each other's confidential information, and to use and disclose that information only to exercise our rights or perform our obligations under this Agreement or if we are otherwise required by law.
20. Network operator requirements
The network operator owns and is responsible for the electricity network including monitoring and maintaining the Equipment used to provide electricity network services. Your network operator will be identified on your invoice.
You agree that the network operator may perform a temporary disconnection of your electricity supply in certain circumstances and the network operator may not provide notice.
The network operator may charge you directly for electricity network services or the network operator may appoint us as its agent to collect the charges for electricity network services from you and pay the charges to them.
Your property will have a connection point to the power lines. Usually this connection point will be on a power pole outside the boundary of your property. You can find out the exact location by asking the network operator.
You are responsible for maintaining the power lines between your connection point and your property in a safe condition using a suitably qualified person unless the network operator is required, or agrees, to provide and maintain those lines.
If you enter into an agreement with a third party to control your energy load you must ensure that:
- the load is not already controlled by the network operator;
- the third party does not interfere with or damage the network operator's or our load control systems;
- if any damage occurs due to the actions of the third party you must promptly and at your own cost remove the source of the interference and fix the damage;
- the third party makes the load available to the network operator to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Electricity Industry Participation Code) and to meet any applicable service standards for distribution services; and
- prior to controlling the load, the third party has entered into an agreement with the network operator which sets out the protocols for the use of the load, including the matters set out above and the coordination with the network operator of the disconnection and reconnection of the load.
To the extent required under any agreement we have with a network operator, you must indemnify the network operator against any direct loss or damage which is caused or contributed to by fraud, dishonesty or wilful breach of this Agreement by you or any of your officers, employee agents or employees arising out of or in connection with any services provided by the network operator to us.
You acknowledge that, to the fullest extent permitted by law any liability the network operator may have to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you is excluded.
You acknowledge that any warranty, guarantee or obligation which may be imposed on the network operator by the Consumer Guarantees Act 1993 or any other law is excluded to the fullest extent permitted by law.
The terms and conditions included in this Agreement at the request of the network operator are for the benefit of and enforceable by the network operator, and its directors, employees, and authorised agents pursuant to sections 12 and 13 of the Contract and Commercial Law Act 2017.
21. Dispute resolution and complaints
If you have a complaint please tell us as soon as possible by sending us a message via My Account or contacting us via live chat.
If we find that your complaint relates to services provided by the network operator, your compliant will be referred. The network operator will then be responsible for managing and resolving your complaint.
We are a member of Utilities Disputes Ltd, which is a free and independent complaints resolution service. If for some reason you are dissatisfied about the resolution of your complaint, or we can't resolve your complaint or problem within 20 business days, you can take your complaint to Utilities Disputes (www.utilitiesdisputes.co.nz or Free Phone: 0800 22 33 40). You have two months to lodge a complaint with Utilities Disputes from the time we notify you of our final resolution. You can also take your complaint to the courts or the disputes tribunal.
If you dispute the correctness of charges on your invoice, we will not disconnect your electricity supply for non-payment of the disputed portion of your invoice until the matter has been dealt with through our dispute resolution process. This will not prevent disconnection for any of the other reasons set out in this agreement.
22. How much we might be responsible for under this Agreement
Nothing in this clause 22 or elsewhere in this Agreement limits or reduces your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (unless you acquire electricity or other goods and services from us for the purpose of a business, in which case you agree that the Consumer Guarantees Act 1993 will not apply).
If we or our Representative damage your property and that damage was reasonably foreseeable, we will pay the costs of repairing the damage or replacing damaged property (at our discretion) up to a maximum of $10,000 for any single event or series of closely related events.
We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
If for any reason we are found to be liable to you, our total maximum liability under this Agreement is limited to $10,000 for any single event or series of related events.
Voltage and frequency interruptions, fluctuations or reductions (including surges or spikes) in electricity supply can occur at any time, including as a normal part of our operation (including reconnecting your property), and may damage sensitive appliances. It is your responsibility to protect your appliances by installing suitable protection devices (such as surge protection devices) or by making other arrangements to protect your appliances (including by taking out insurance against interruptions, fluctuations or reductions in electricity supply). We will not be liable to you in any way as a result of any such voltage or frequency interruption, fluctuation or reduction in electricity supply.
23. Ownership of equipment
You acknowledge that the electricity network and any of the network operator's or our or any Representative’s Equipment kept on your property, is and remains the property of that person. Nothing in this Agreement, or any provision of services by the network operator or us or any Representative in relation to the electricity network or any Equipment, gives you or anyone else any rights or interest in the electricity network or any Equipment.
24. Assignment of this Agreement
You cannot transfer any of your rights and obligations under this Agreement to any other person.
We may transfer all or any part of our rights and obligations under this Agreement to another electricity retailer.
If we commit a relevant event of default as defined under the Electricity Industry Participate Code, the Electricity Authority can require us to provide information about you to them and can:
- transfer all or any part of our rights and responsibilities under this Agreement to another electricity retailer;
- amend this Agreement to be consistent with, or more favourable than, the standard contract that the new retailer would normally have offered you immediately before we committed the event of default; and
- amend this Agreement to include a minimum term, so that you must stay supplied by the new retailer for that term unless you pay a cancellation fee.
You authorise us to provide information about you to the Electricity Authority, and the Electricity Authority to provide that information to another retailer if required.
Clauses 24.2 and 24.3 are also for the benefit of the Electricity Authority for the purposes of subpart 1 of Part 2 of the Contract and Commercial Law Act 2017 and cannot be amended without the consent of the Electricity Authority.
If we think that a receiver, liquidator, administrator, or other similar official is likely to be appointed in respect of our business, we will take all reasonable steps to ensure that you continue to receive electricity supply to your property.
We will give you at least 3 days' notice of any transfer of this Agreement to another retailer, along-with details of how you can contact the new electricity retailer and when the transfer will take place.
We may subcontract or delegate our obligations under this Agreement to other people or companies including delegating the collection of payments to third party debt recovery agencies
25. Notices to you
We can send written notices to you using the email you have provided to us or via the My Account section of our website. Notices are deemed received the day after they are sent.
26. Definitions of terms used in this Agreement
26.1 In this Agreement references to:
‘Equipment’ means any meter, telemetry equipment and other equipment used to measure or record electricity usage or demand, to transmit or convey electricity usage data, or to supply electricity to your property or any associated equipment (including, without limitation, pipes, switches, fuses, transformers, relays, remote readers, wiring and meter boards).
‘Pricing Plan’ means the schedule of rates, fees and charges you agree to when you become our customer as changed from time to time in accordance with this Agreement.
‘Representatives’ means any person we engage in connection with the products and services we offer customers and may include third party service providers, our employees, contractors or agents or the employees, contractors or agents of the network operator or network operator; the meter reader; and the meter owner.