Terms and Conditions

Effective 1 May 2014
General Terms and Conditions for Residential Customers

  1. Supply of Electricity by Us
    1. This Agreement is intended for use where you are a Domestic Consumer (as defined in this Agreement). If you want electricity for business purposes, even if you are in residential premises, you should refer to our commercial terms. If you agree to these residential terms, then you should be aware that certain guarantees that are given to Domestic Consumers and certain other provisions that will apply to them will not apply to you.
    2. This Agreement is made up of your Application, the Pricing Plan, the Schedule of Fees and Charges and these Residential Terms and Conditions.
    3. Your contract with us starts on the earlier of the date we start supplying electricity to you or you agree to be bound by this Agreement. If we have supplied electricity to you before you agree to these terms, then by agreeing you confirm that electricity already supplied to you has been supplied on the terms of this Agreement (which consists of these General Terms and Conditions and the Pricing Plan. If we are not supplying you when you sign an agreement with us, we will endeavour to commence supply as soon as possible after that time.
    4. This Agreement relates to the plan that you have chosen and to any other plan provided by us that you switch to.
    5. Electricity supplied by us will:
      • comply with our obligations under the Consumer Guarantees Act;
      • be supplied in a manner consistent with all other legal obligations in relation to the supply of electricity;
      • be supplied in accordance with good industry practice in New Zealand and in accordance with any relevant industry protocols and codes of practice.
    6. Pricing information about electricity supplied by us is set out on our website.
    7. In addition to the information set out in this Agreement, information about fees that we may charge is set out on our website.
    8. You will not purchase or take supply of electricity to the Premises from any other person for the term of the Agreement.
    9. Given that this Agreement is entered into on the basis that you are a Domestic Consumer, you must not on-supply electricity to anyone else.
    10. You must take all precautions that a reasonable domestic consumer would take in relation to consuming electricity including using surge protectors. (see also clause 7.3.) We will not be liable for any cost, expense, damage, loss or liability that you incur or suffer to the extent that this is because you have not taken such precautions.
  2. Metering
    1. Before we can agree to supply electricity to you, we will need to be satisfied that your Meter is of a type and standard that is acceptable to us. The quantity of electricity we supply you is measured by a Meter.
    2. If the meter is supplied by us, the cost payable by you for changing it is set out on our website.
    3. You must not interfere or tamper with the Meter or the immediate connections to it. You may be criminally prosecuted for doing so. You must use reasonable endeavours to keep the Meter safe. If you become aware of any interference with the Meter you must notify us as soon as reasonably practicable. Failure to comply with this could entitle us to terminate this Agreement under clause 9.1(b).
    4. If you think that the Meter is faulty, please notify us as soon as you reasonably can after becoming aware of this. If we subsequently test the Meter and find it is accurate, we may charge you for this.
    5. If we find that a Meter is producing inaccurate readings, then we will issue a correcting notice. Any adjustment to our record of your electricity usage will be reflected in subsequent invoices. If the adjustment results in us owing you money, it will be credited to your account. If the adjustment results in you owing us money, you will pay us in accordance with clause 5.3.
    6. If you add to, modify or replace any equipment on your Premises that would render the existing Meter inadequate or inappropriate in any way, then we may require that the Meter is upgraded at your cost as a condition of continued supply. We may charge you for such upgrade. We may terminate this Agreement (see clause 10(e)) if you refuse to upgrade the meter and that would mean that we cannot comply with any Lines Company or Code requirements.
  3. Customer Information
    1. Under this Agreement we will collect, hold, use and disclose certain information about you. If you are an individual, the Privacy Act applies to that personal information. You authorise us to disclose such information to the Lines Company and Meter Owner for the purposes of this Agreement as provided for in clause 3.2. You must take reasonable steps to ensure that information is correct, complete and up-to-date.
    2. We will only collect, use and disclose personal information provided about you for the purposes of this Agreement unless we have your consent or disclosure is required by law (including the Code). The purposes of this Agreement include:
      • to collect outstanding moneys;
      • to provide you with energy efficiency and other energy consumption information.
      • to provide you with information and offers from us.
    3. In relation to the collection of personal information about you, we may collect information (including credit information) for the purposes of this Agreement (as set out in clause 3.2) from relevant third parties such as credit reference agencies and other energy retailers before you become our customer and at any point while you are our customer.
    4. We may record our telephone conversations with you to assist us in performing this Agreement. If we do so, we will use reasonable endeavours to keep them secure. The recordings may be retained for at least one year after which they will be destroyed.
    5. While we hold personal information about you, we will grant you reasonable access to it. You can request a copy of all information held by us about you or your account, and may request that it is corrected if it is wrong. We will correct it if (after investigation if necessary) it is incorrect. You should advise us if any of your personal information (including your contact information) changes.
    6. We may collect, store and use information provided about you by any meter company or retailer (who has previously supplied you with a meter or with electricity) that relates to your electricity consumption.
  4. Interruptions to Supply
    1. If there is a fault or you think that there may be a fault in Auckland, please contact Vector Ltd by telephone on 0508 VECTOR or via their website at www.vector.co.nz. For outages or faults on the Waipa network, please call 07 870 2000 for Te Awamutu, 07 827 2000 for Cambridge or visit http://waipanetworks.co.nz/. For outages or faults in all other regions, please call us on 0800 364 872.
    2. Under the Consumer Guarantees Act, we are required to guarantee that the supply of electricity will be as safe and reliable and of such quality as a reasonable consumer would expect. In terms of what a reasonable consumer would expect, the Act provides that:
      • a reasonable consumer would have considered that the supply may be affected by emergencies outside our control,
      • may be interrupted for safety maintenance or other technical purposes,
      • that there may be some fluctuations in supply within the tolerances permitted by regulations, that reliability may be affected by the location being supplied, and
      • that the reliability and quality may be related to price.

      The supply of electricity to you will not fail to comply with that guarantee if you have used the electricity in an unreasonable manner or have used it to an unreasonable extent, if the supply would otherwise have complied with the guarantee. Nor will the supply of electricity to you fail to comply with the guarantee if we have advised you in writing that the supply to you is likely to be worse than the supply that generally applies and you have accepted that in writing. The guarantee is not therefore unqualified — it is qualified as provided for in the Consumer Guarantees Act. Given that circumstances could arise that are unforeseeable or beyond our control, we cannot guarantee that electricity supply will be continuous or fault free.

    3. If there is a planned interruption to supply (for example for maintenance by the Lines Company) we will provide at least 4 Business Days' notice of the interruption and the likely period of the disruption (but where the interruption is urgently required and was not reasonably foreseeable, we will give as much notice as is reasonably practicable). Notice may be given by public notice, email or publication via our website. You can call us at any time for information about any planned interruption.
    4. If there is an unplanned outage (for example for a dangerous situation) we will use reasonable endeavours to minimise inconvenience to you. We cannot give warning or notice of sudden, unplanned shutdowns or outages.
    5. In relation to any interruption, whether planned or unplanned, we will restore the supply as soon as reasonably practicable.
    6. If we receive compensation from a third party (such as a Lines Company or Transpower) for losses resulting from the interruption of supply, we will pass on an appropriate portion of that compensation to you when your supply was interrupted and, if you request, we will provide you with an explanation of how the amount passed on to you was determined.
    7. If your pricing option (as specified in the Pricing Plan or notified to you by us) allows us or the Lines Company to control the supply of energy to your Equipment, (e.g. through a ripple control device) we may temporarily suspend supply without notifying you.
    8. We are not liable to you under any circumstances, for any failure to perform our obligations, to the extent that such failure is caused by a Force Majeure Event. We will resume our obligations as soon as is reasonably practical once the Force Majeure event no longer prevents us from doing so.
  5. Charges & Payment
    1. You must pay the Charges for all electricity supplied to you by us, and any third party charges (which are passed through from those parties to us and on to you). Third party charges may change without advance notice. We will advise you of such changes as soon as reasonably practicable (which may be by way of an explanation on your invoice).
    2. We will calculate the Charges based on an actual Meter reading where reasonably possible, and otherwise, based an estimate of the amount you have consumed over the Billing Period. If we do not know how much electricity was actually supplied to you (for example because of a faulty Meter) then we may estimate the amount of electricity supplied and invoice accordingly. Where calculation is based on an estimate, the invoice will say so. Please see our website for more information about how estimates are made.
    3. The timing of our invoices will be as set out in the Pricing Plan, and in any event, will be at least monthly.
    4. You will pay each invoice in full by direct debit, or bank transfer to us on the Due Date.
    5. If you dispute any invoice, then you should advise us before the Due Date with your reasons. You must pay any undisputed amount in full on the Due Date. We will not charge you a Late Payment Fee on any genuinely disputed amount, or suspend your supply, while there is a genuinely disputed amount.
    6. If an invoice dispute is resolved in your favour, we will credit your account. If an invoice dispute is resolved in our favour, we will either add the amount to your next invoice or require you to pay the amount still owing within 5 Business Days of the date upon which we demand payment from you. If require you to pay the amount within the 5 Business Days and you fail to do so, the amount will be treated as overdue and our Late Payment Fee will be payable on it until it is paid, and your electricity supply may be disconnected.
    7. If any sums are not paid by the Due Date then you must pay our Late Payment Fee. We may also use any bond paid by you to pay any amounts that you owe to us. We may disconnect or suspend supply for unpaid invoices (see clause 9).
    8. We may take action to recover any overdue amount. Any costs incurred in collecting money owed to us by you including bank fees, credit agency fees, legal expenses (including costs as between lawyer and client) and court costs and Late Payment Fees are payable by you upon demand by us.
    9. You must pay GST and any other taxes and levies payable on the Charges, as shown in your invoice.
    10. We may require you to pay a bond to cover any money you may owe us from time to time. If we require you to pay a bond, we will specify the amount of the bond, explain why it is payable, advise within what time it must be paid, and advise for how long we will keep the bond. If we will keep the bond for more than 12 months, we will advise you why. We will repay the bond (or the balance of it if we have made any deductions from it as permitted by these Terms) when we stop supplying electricity to you, provided that you have paid all money that is owing by you to us. We do not pay interest on the bond.
    11. If we find that you have been overcharged, then we will promptly refund you for any overcharge (which may be by a credit against future invoices). If we find you have been undercharged, then we may invoice you for the amount undercharged and add it to your next monthly invoice (in doing so, we will take into account the extent to which you or we contributed to any error and the extent to which you or we could reasonably have been expected to know of any error).
    12. Each invoice will contain sufficient information to enable you to check the invoiced amounts and will include separate itemisations for:
      • the quantity and cost of the electricity supplied or estimated to have been supplied;
      • any relevant Charges; and
      • any other products and services
    13. Where an estimate is permitted or required for any reason by this agreement, you will be given the opportunity to read your meter and give the reading to us until we arrange for the meter to be read. If you provide us with a valid meter reading, we will amend the relevant estimated bill. Where you provide us with a meter reading, it must be by your providing to us a photograph in jpg format. We may accept or reject your reading at our discretion. For example, we will reject your reading if it is inconsistent with our records or with the existing supplier’s final meter reading (for an initial read). If you provide us with a valid reading that we accept, we will send you a new invoice based on that reading. If we reject your reading (for example, if it is inconsistent with our records or with the existing supplier’s final meter read for an initial reading), we may undertake and charge for an actual meter reading.
    14. If you are not responsible for the lateness of an invoice:
      • if the bill is sent more than 2 months after the end of the period to which it relates, you will have at least the length of time covered by the invoice to pay it;
      • if an invoice is more than 3 months late, we will negotiate an appropriate discount with you;
      • no interest or Late Payment Fee will be payable on any incorrect or late invoices.
  6. Complaints and Disputes
    1. If you aren’t satisfied with our service, you can lodge a complaint with us. If you have a dispute with us, you can lodge details of the dispute with us. We will work with you to resolve any problem as soon as we reasonably can. We may refer your complaint or dispute to the Lines Company or Meter Owner (if that is not us) if we believe that is appropriate, and we will advise you if we do this.
    2. If you are not happy with the way we deal with your complaint or dispute, or if it has not been resolved within 40 Business Days, then you may refer your complaint or dispute to the Utilities Disputes Commissioner to resolve (www.utilitiesdisputes.co.nz or 0800 22 33 40). This does not affect your ability to take the complaint or dispute to the Disputes Tribunal or the Courts.
  7. Equipment & Safety
    1. You must do the following in respect of Equipment:
      • provide (at your own cost) suitable space for the secure housing of any Equipment that we decide is needed at the Premises for the supply of electricity to you;
      • repair and maintain the Equipment on your Premises if it is not owned or supplied by us;
      • use reasonable endeavours (such as seeking a written assurance from any supplier of Equipment) to ensure that any Equipment not owned by us complies with relevant technical standards and codes of practice. We are not responsible for verifying that any Equipment not supplied by us complies with relevant technical standards and codes of practice;
      • take all reasonable steps to protect Equipment on the Premises from damage and unauthorised interference or removal, and not encumber or use the Equipment as security in any way or to make the Equipment a fixture of Premises;
      • tell us about any damage to or interference with the Equipment as soon as is reasonably possible after you become aware of it. If Equipment on the Premises is damaged or interfered with, we may charge you the estimated cost of any unmeasured supply (in the same way as provided for in clause 5.2), the cost of our investigation and, where the Equipment has been supplied or repaired or replaced by us, the cost of repairing or replacing Equipment;
      • not interfere with (and take reasonable steps to ensure that no one else interferes with) the supply of electricity to you or anyone else, not take electricity illegally, not without prior written approval connect any generation assets to the network and not use electricity or Equipment unsafely. You must take reasonable steps to ensure that only qualified persons carry out any work on or affecting Equipment or electricity supply;
    2. You must ensure that any trees and vegetation on your property (or if you don’t own the property, then the property on which the Premises are situate) are kept trimmed away from all power lines and other electrical equipment (including meter boxes), which is required by the Electricity Regulations 2003 (hazards).
    3. There may be voltage fluctuations which could damage the Equipment or any property (whether in the nature of land, buildings, goods, plant and equipment or otherwise). It is your responsibility to install protective devices and to arrange insurance covering damage from such fluctuations or make other arrangements to secure supply and protect property. We are not responsible for damage caused to any property, including loss of data, arising from such fluctuations, where there is no breach of any guarantee under the Consumer Guarantees Act, where they are beyond our reasonable control, and where we have not been negligent.
    4. We may suspend or disconnect supply without notice if the installation equipment used for distributing electricity throughout the Premises or the property on which the Equipment is located does not comply with applicable law or the Code.
    5. You must follow our directions and those of the Lines Company, where they are in accordance with the law or are otherwise reasonable, to ensure the integrity, efficiency, security and safety of the electricity network, any other equipment or property of ours on or about the Premises. For more information, contact the Lines Company.
  8. Access to Premises
    1. You must provide us with safe and unobstructed access to the Premises so that we can:
      • read the Meter (reading the meter will be carried out in accordance with any regulations or industry standards);
      • install, inspect, work on, replace or remove Equipment;
      • investigate any actual or suspected damage to Equipment;
      • connect, reconnect or discontinue the electricity supply to you or third parties;
      • investigate the cause of any interference to electricity supply;
      • protect or prevent danger or damage to people or property;
      • as required for the purposes of this Agreement including compliance with any Lines Company request for access.
    2. Except in routine situations (such as, for example, reading or inspecting a meter that is located on the outside of a building), before accessing your property, we will provide written notice to you as to when access is required and the purpose of access. (We would expect that the meter company, or the Lines Company, and/or the other third parties who own energy supply Equipment on your premises would also give you notice if they require access.) Notice will be given by us at least 10 Business Days’ prior to entry if access is required to undertake construction, upgrade, repair or maintenance work (unless a different period of notice is agreed between us) or within a reasonable timeframe where access is required to inspect or operate any Equipment used on, or in connection with, the generation, conversion, transformation or conveyance of electricity.
    3. We will generally exercise this access during Normal Business Hours but you agree that we may access outside of Normal Business Hours if the matter is urgent. You may refuse access if we are not able to show proper identification on request. (Our employees and agents will be required to carry identification when accessing your property and to present their identification if you request and in any event, will identify themselves before entering your property.
    4. If you do not ensure that we have safe and unobstructed access to your property or to any Equipment, or if we cannot reasonably access your property and/or read the Meter, we may charge you for any additional costs (including a callout fee) and your supply of electricity may be disconnected, interrupted or suspended.
    5. When accessing your property, we or the meter company, or the Lines Company, and/or the other third parties who own energy supply equipment on your premises will:
      • take reasonable steps to minimise any direct impacts on the property and any inconvenience to you; and
      • comply with your reasonable requirements (such as, for example, the time of entry, leaving gates as found)., and
      • act courteously, considerately, and professionally at all times.
  9. Disconnection and suspension
    1. Subject to clause 24 (in relation to medically dependent and vulnerable customers), we may disconnect, suspend, or temporarily interrupt the electricity supply to you if:
      • we need to protect health and safety or prevent damage to property;
      • you do not pay any money owing under this Agreement on time, or if you breach any other obligation under this Agreement and the breach is material or persistent, and in either case the matter is not subject to any dispute resolution proceeding. Where you have committed a breach of this kind, the first notice that we will give you under clause 9.5 will advise you of the need to remedy the breach to avoid disconnection or suspension;
      • we reasonably believe that you are unable to pay your debts as they become due for payment and you have not been able to satisfy our concerns in that regard
      • we reasonably believe (after having taken reasonable steps to investigate the matter and having consulted you as part of that process) that the Meter, lines or fittings on the Premises have been tampered with;
      • we cannot get access to the Premises (or the property on which they are situate) for the purposes of this Agreement for more than three months;
      • you have asked for your supply to be disconnected;
      • this Agreement ends and is not replaced by any subsequent agreement; or
      • the Lines Company requires the supply to be disconnected under its agreement with you or with us.
    2. If we disconnect or suspend your electricity supply, you are still responsible for paying any outstanding debts or other sums as they become due (including costs incurred after disconnection), together with any Late Payment Fees that are payable on overdue payments.
    3. If your electricity supply has been disconnected or suspended as above and you want to be reconnected, we may require you to:
      • pay all outstanding debts together with any Late Payment Fees;
      • pay a bond (in which case, the provisions of clause 5.9 will apply);
      • pay a reasonable reconnection fee (to compensate us for our reasonable costs in attending to reconnection), as set out in our Schedule of Fees and Charges; and/or
      • agree to adjusted charges and terms.

      If you comply with this clause 9.3, we will reconnect you promptly.

    4. We will not disconnect you if payment of any sum is the subject of dispute resolution proceedings or for non-payment of an estimated amount (unless, in the case of an estimated amount, we reasonably believe that it is fair and reasonable to do so). Except where disconnection is urgent for health or safety reasons, disconnection will not take place on a Friday, Saturday, Sunday, public holiday or the day before any public holiday in your area.
    5. Except in the case of an Emergency Situation for health or safety reasons or where we suspect the metering equipment or other equipment at your premises supplied by us or by a Lines Company or a meter company has been tampered or interfered with, before disconnecting you or suspending supply, we will give you at least 7 days’ prior notice in accordance with clause 9.1. We will then also give you a final warning at least 24 hours before we disconnect you or suspend supply. Any notice of disconnection from us will include information that you need to prevent disconnection if prevention is possible (for example, by remedying a breach by you of this Agreement). Disconnection or suspension will be without prejudice to our right to charge a Late Payment Fee on the money that you owe us.
  10. Termination
    1. Unless a fixed term is specified under the Pricing Plan, you may terminate this Agreement by:
      • switching to another retailer. You will need to arrange supply with that retailer and we will switch you according to industry protocols. This Agreement remains in force until the switch is completed; or
      • asking us to disconnect electricity supply to the Premises, in which case we will cease supply as soon as is reasonably practical following receipt of your notice. We require at least 5 Business Days’ notice for this;
      • notifying us that you terminate or wish to terminate this Agreement where you have any right to terminate this Agreement under the law
    2. We may terminate this Agreement:
      • by giving you such notice as is reasonably possible and practical (if it is in fact possible) if our agreement (or, if you have a direct agreement, then your agreement) with the Lines Company is terminated;
      • By giving you such notice as is reasonably possible and practical if our agreement with any third party is terminated such that we are unable to continue supplying electricity to you.
      • upon the expiry of the 24 hour final warning given to you pursuant to clauses 9.1(b) and 9.5 if you breach this Agreement;
      • Immediately on giving you notice where you have committed a material breach of this Agreement that cannot be undone;
      • promptly, after we have given you 30 days' prior notice that we will terminate this Agreement if you do not agree to upgrade your meter pursuant to clause 2.6;
      • Unless a fixed term is specified under the Pricing Plan, by giving you one month's notice without having to give any reason for this. If we exercise this right, you will use all reasonable endeavours to find an alternative retailer and arrange to switch to that retailer before the expiry of the notice period.
    3. Following termination we will issue you a final invoice.
    4. Note that in particular, clauses 3.5 (metering information), 5 (payment), 12 (confidentiality) and 4 (liability) will continue to apply even after termination.
  11. Lines Company requirements
    1. We do not own the lines network through which electricity is delivered to you — the Lines Company owns and is responsible for the network. In most instances we have an agreement with the Lines Company to provide network services to you. In that case, you:
      • must comply with the Lines Company’s network connection standards (available from your Lines Company);
      • must provide suitable, safe and secure space for any Lines Company Equipment required;
      • acknowledge that the Lines Company has no liability to you in relation to the supply of electricity;
      • must not connect, disconnect or modify any Equipment to or from the network;
      • grant the Lines Company safe and unobstructed access to the Premises and facilities as reasonably required by the Lines Company; and
      • comply with any other terms imposed by the Lines Company to enable us to supply electricity to you.
    2. You acknowledge that the Lines Company may interrupt supply or reduce the conveyance of electricity to you:
      • to enable it to inspect, maintain or make alterations to the network;
      • to avoid danger to persons or property or avoid interference with the conveyance of electricity;
      • to preserve and protect the proper working of the network or the transmission network;
      • in carrying out load management;
      • for any other purpose which in the Lines Company's reasonably held opinion is required by good industry practice.
    3. If you breach any provisions of this Agreement that require you to give the Lines Company access to its Equipment on your premises, and the breach is material or persistent, you should note that the Lines Company may disconnect the your ICP from the lines network and access the premises to reclaim its Equipment.
    4. If you do not have your own agreement directly with the lines company (or if they have appointed us as their agent for collection), we will charge you network services provided by the Lines Company. This amount is set by the Lines Company and not by us but may be included in your pricing structure.
    5. Any provisions of these Residential Terms and Conditions that are inserted for the benefit of the Lines Company and/or the network will be enforceable by them against you under the Contracts (Privity) Act 1982.
  12. Variation
    1. We can change any term of this Agreement. If we want to change any term (except the Charges) we will notify you of the proposed changes, with reasons, either directly or by placing a notice on our website. We will give you 30 days’ notice of such changes before they take effect. If you do not agree to the changes, you may terminate this Agreement, without penalty, by giving us written notice within the 30 days’ period of your wish to terminate. Where you give us such a notice, this Agreement (and the supply of electricity by us to you) will terminate on the 5th Business Day after we receive your notice. Alternatively, if you do not give notice (that you do not accept the changes) and simply switch to new retailer, clause 10.1(a) will apply.
    2. Except where a Pricing Plan states that any Charges are fixed for a period, we may amend our Charges at any time, provided that, subject to clause 13.3, we give you at least 30 Days’ notice of any increase in price and provide reasons for the change. Notice will be given by email where any Charges or the total invoiced price of the electricity supplied are increased by more than 5% (and in the case of a Charge that is reasonably likely to have a material effect on you). Otherwise, notice may be given by email or through our website, as we determine. If you do not agree to the changes, you may terminate this Agreement, without penalty, by giving us written notice within the 30 days’ period of your wish to terminate. We do not have to give any notice where price increases are due to your having chosen a Pricing Plan that contemplates that prices may increase or decrease depending on the time and volume of electricity consumption and you have no right to terminate this Agreement because of any price increase that occurs for that reason. (This does not prevent you from terminating this Agreement if you have other rights to terminate it.)
    3. As provided in clause 5.1, third party charges may change without advance notice. We will advise you of such changes as soon as reasonably practicable (which may be by way of an explanation on your invoice). If you do not agree to the changes, you may terminate this Agreement, without penalty, by giving us written notice, no later than 30 Business Days after you have received advice from us of the changes, of your wish to terminate. The provisions of clause 13.1 apply, as to how this Agreement terminates in these circumstances, including as to what happens if you don’t give us notice but switch retailers.
    4. Any changes to this Agreement other than in accordance with clauses 13.1, 13.2 or 13.3, will only be effective if we have both agreed in writing to them.
  13. Indemnity &Limitation of Liability
    1. You agree to pay to us upon demand by us all costs (including without limitation all of our legal costs), losses, liabilities, claims, damages (all under any head of law and however arising) that we incur or for which we are liable and against all proceedings and demands brought or made against us:
      • in recovering amounts owed by you under this Agreement; and
      • as a direct and reasonably foreseeable result of any negligence, or breach of this Agreement or as a result of any breach of any law by you or by anyone else who resides at the premises or whom you have invited to the premises;
      • as the result of any fraud or dishonesty by you;

      unless the circumstances arise directly from a breach by us of our obligations to you.

    2. Where you acquire electricity from us as a Domestic Consumer, we must comply with the provisions of the Consumer Guarantees Act and cannot exclude or limit any liability that we may have to you under that Act, and none of the exclusions or limitations of liability in this Agreement have any effect on that liability. However, if you obtain any electricity from us for any business purpose, the provisions of the Consumer Guarantees Act are excluded and we will have no liability to you under that Act.
    3. If we offer you any form of redress in relation to any service standards that we are required to comply with but do not meet, the redress offered will not detract from your rights under the Consumer Guarantees Act unless you expressly agree to accept the redress in full satisfaction of any rights that you have under that Act.
    4. Except where we have liability to you under the Consumer Guarantees Act (as to which, see clause 13.2) or the Fair Trading Act or any other legislation that we cannot exclude, we will not be liable to you under any circumstances for any cost, loss (including any business losses such as loss of income or loss of profit by way of example), liability, or damage that you may incur or suffer that has been caused by us or by any of our suppliers (including the Lines Company) or caused by your actions or by any failure by you to act.
    5. Notwithstanding clause 13.4, should we have any liability to you, other than under the Consumer Guarantees Act, the maximum amount that we will pay to compensate you for any event or related series of events is $10,000. This is subject to a maximum cap of $50,000 in any 12-month period for all events or series of events for which we may be liable, starting from the first event to occur during that time. We may choose to repair or replace any damaged premises or goods up to the same maximum amount instead of paying cash.
    6. Our exclusions and limitations of liability in clauses 13.4 and 13.5 are also intended to be for the benefit of and to be enforceable by our employees and agents.
    7. We are required by the Lines Company to insert the following provision for its benefit: to the fullest extent permitted by law, the Lines Company will have no liability to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you, and this provision is intended to be enforceable by the Lines Company under the Contracts (Privity) Act 1982 you even though it is not a party to this Agreement.
  14. Assignment & Transfer
    1. This Agreement is with you personally. You cannot assign or transfer your rights and/or obligations under this Agreement to any person without our prior written consent, such consent not to be unreasonably withheld.
    2. We may at any time transfer or assign all or any of our rights and obligations under this Agreement provided that we are reasonably satisfied that the assignment will not prejudice you. We will notify you if we do this as soon as reasonably practicable and will advise you where you can get information about the new supplier.
    3. We may sub-contract or delegate the performance of any of our obligations under this Agreement, provided that we are reasonably certain that this would not reduce or jeopardize the quality of the services to be provided to you under this Agreement. Where that involves assigning this Agreement to another supplier, we will advise you where you can obtain information about the new supplier and when the assignment will be effective.
    4. The Electricity Authority may, if we commit an event of default as defined in the Code, assign to another retailer our rights and obligations under this Agreement in relation to the supply of electricity in accordance with clause 15.B of the Code. Should that occur, the terms on which you will be supplied with electricity by the new retailer will be amended to the standard terms that the retailer would normally have offered to you immediately before the event of default occurred (or such other terms that are more advantageous to you than the retailer's standard terms, as the retailer and the Electricity Authority agree). On such an assignment, these terms may be amended to include a minimum term in respect of which you must pay an amount if you wish to cancel these terms prior to the expiry of that minimum term. We may provide information about you to the Electricity Authority (and the Electricity Authority may pass this information on to the new retailer), if required under the Code.
  15. Further Clauses
    1. Illegal Clauses
    2. If for any reason the law prevents us from enforcing any provision of this Agreement, all of the remaining provisions will remain in place so that your and our intentions in entering into this Agreement can be carried out.
  16. Notices & Communication
    1. If you need to give notice to us under this Agreement or wish to contact us, you may do so by any effective means but we would prefer that you give notice or contact us by:
    2. Except as otherwise provided in this Agreement or as required by any law, we may give you notice by any effective means. Normally, our preferred method will be by email, or to the address provided by you in the Application.
    3. If we send a notice to your mailing address (as recorded in your Application or as otherwise notified by you to us in writing) or you send a notice to our postal address, then that notice will be deemed to have been received three Business Days after being posted.
  17. Definitions and Interpretation
    1. Words in this Agreement have the meaning set out below, unless specified otherwise:
      Application means the application form that you submitted to us prior to accepting these Residential Terms and Conditions.
      Billing Period means, in relation to an invoice, the period of electricity consumption by you that will be billed to you in the invoice, as stated in the Pricing Plan
      Business Day means any day except a weekend day or a public holiday in Auckland.
      Charges means all charges set out in the Pricing Plan and in the Schedule of Fees and Charges, including the price for electricity supplied and all fees and charges in connection with that supply including Late Payment Fees (plus any third party charges that are not specified in the Pricing Schedule but that we pass through to you (such as, by way of example, repair costs).
      Code means the Electricity Industry Participation Code 2010;
      Domestic Consumer means a person who acquires electricity for personal, domestic or household use or consumption and does not acquire electricity or hold himself or herself out as acquiring electricity for any business purpose
      Due Date means The Date published on an invoice
      Emergency Situation means a situation in which there is a probable danger to life or property or immediate risk to the continuity or safety of supply or distribution of electricity.
      Equipment means meters, transformers, switches, relays, fuses and wiring used to supply you with electricity.
      Force Majeure Event includes:
      • acts of God, war (whether declared or not), terrorism, riots, civil insurrection or epidemic
      • strikes and any other industrial action
      • storms, lightning, flood, earthquake, fire, volcanic eruption, landslide, accumulation of snow or ice or acts of animals
      • motor vehicle or other accident
      • faults in the network or acts or omissions by the network operator or meter owner
      • malicious damage
      • surges, spikes, other fluctuations or interruptions in the conveyance of energy into the network
      • the partial or entire failure of supply or availability of energy into the network
      • extreme energy shortages, extreme pricing events or threats to our ability to supply energy
      • compliance with any law or government order, rule, regulation or direction
      • your acts or omissions or any defect or abnormal conditions in or about your premises, or
      • other similar circumstances beyond our control.
      ICP means the point or points at which the Premises connect to a circuit breaker, switch, fuse or other isolating device on the Lines Company’s network. Usually, it is the point where the service wire from the Premises connects to the pole outside the property boundary (or in the case of Underground supply, the connection point under the street into brackets.)
      Late Payment Fee means the fee specified in the Pricing Plan when money that you owe to us is not paid on the Due Date.
      Lines Company means the owner of the local lines network to which your property is connected.
      Medically Dependent Consumer means a person who needs mains electricity for critical medical support (including use of medical or other electrical equipment needed to support a treatment regime), such that loss of electricity may result in the loss of life or serious harm.
      Meter means a meter and associated equipment used for the measurement, storage and/or communication of electricity usage information, and may include load and meter control devices.
      Meter Owner means the person that owns the Meter situated on the Premises.
      Normal Business Hours means between 8.30am and 5pm on a Business Day.
      Pricing Plan means the pricing schedule that sets out the plan that you have selected before being asked to agree to these Terms and Conditions, and various other Charges payable relating to that plan.
      Premises means your premises to which electricity is supplied (or intended to be supplied) as specified in your Application
      Retailer has the meaning defined in the Code.
      Schedule of Fees and Charges means the schedule on our website that sets out fees and charges that may apply in relation to the supply of electricity to you that are not part of the Pricing Plan.
      Vulnerable consumer means you if:
      • for reasons of age, health or disability, any disconnection of energy presents a clear threat to you or a member of your household’s health or wellbeing, and/or
      • you have genuine difficulty paying your energy invoice because of severe financial insecurity whether temporary or permanent.
      Writing includes electronic communications like email.
    2. References to parties are references to the Customer and to emhTrade Ltd trading as emhLabs and to their successors, and any persons or entities who take an assignment or transfer of any rights and or obligations of a party to the extent permitted by this Agreement.
    3. Any references to a statute or regulation mean reference to that statute or regulation as it may be amended or replaced from time to time.
  18. Switching Plans
    1. Please contact us if you would like to change your pricing plan, products, or services. If you do change pricing plans the change will be effected as soon as possible.
  19. Our Insolvency
    1. If an administrator or liquidator or receiver or similar person is appointed to us, we will take all reasonable steps to ensure that you receive continuity of supply.
  20. Service Level Payments and Compensation
    1. We will notify you if you are entitled to receive a service level payment from us on behalf of a third party where any service standards for supplied electricity are not met.
  21. Point of Connection
    1. You can obtain details of your point of connection (ICP) from the Lines Company.
  22. Medically Dependent and Vulnerable Customers
    1. If you are or believe that you are a Medically Dependent Consumer, you must obtain from your health practitioner Notice of Potential Medically Dependent Consumer Status Form, and give the completed form to us. If you are confirmed as a Medically Dependent Consumer, we will comply with the requirements of the Electricity Authority's guidelines relating to medically dependent consumers (ea.govt.nz/consumer).
    2. Energy supply may be interrupted at any time without warning so that, if you are a Medically Dependent Consumer, you must maintain a back-up power supply or any other emergency arrangements to ensure your health and safety if your energy supply is interrupted.
    3. We will also comply with the requirements of the Electricity Authority's guidelines relating to Vulnerable Consumers where we have confirmed that you are a Vulnerable Consumer (ea.govt.nz/consumer).
    4. If you notify us that you may be medically dependent or a vulnerable customer, you authorise us to collect any relevant information from any health practitioner, Work and Income, or other social agency to enable us to verify and assess whether or not you are medically dependent or a vulnerable customer.
  23. Waiver

    1. If in any particular case we choose not to enforce any provision of this Agreement or any of our rights under the law, we will still have the right to enforce the provision or those rights on future occasions.