We may supply power and gas services from Genesis Energy Limited (referred to as the meter company in the following terms) for the purpose of bulk supply and passing on discounted supply to our tenants. We cannot be held liable for ANY LIABILITY more than what legal options exist from its supplier. By consuming our power or gas services, you agree to the following terms and conditions:

  1. Equipment
    1. Meters
      1. We, or the meter company, will own any metering equipment at your premises. If you do not have a suitable meter for your energy use or pricing plan, we will choose and arrange to install the appropriate meter. You may not provide or install your own meter. You must pay all reasonable costs relating to the installation of any metering equipment. However, you will not be charged if:
        1. a first advanced meter is installed in accordance with the relevant section below or
        2. we decide to replace meters or related equipment if the existing meters or related equipment are unsuitable for your energy use or pricing plan. In some cases, it may be necessary to upgrade your meter if your energy use or pricing plan changes. We may charge you the costs of installing a new meter. We will inform you if any upgrade is required and the costs of that upgrade.
          If you ask for a new meter to be installed, you will be charged for the cost of that new meter and the work required to install it.
      2. If you do not own the premises, we will require you to obtain our consent before a meter or any other equipment is installed or upgraded.
    2. Upgrading your meter to an advanced meter
      1. We may, at any time, replace the meter at your premises with an advanced meter. You agree that you will not object to us, or prevent us from, replacing your meter with an advanced meter. You will not be charged for the installation of the first advanced meter at your premises, unless additional work is required to install the metering equipment (this includes additional wiring required to install the metering equipment or work required to relocate the metering equipment) in which case we may charge you for this additional work.
      2. If you do not own the premises, we will require you to obtain the owner’s consent before an advanced meter is installed.
      3. If an advanced meter cannot be installed at your premises for any reason, we will notify you of such reason(s) and may require you to remedy, repair or otherwise address any issues preventing such installation, at your cost, so an advanced meter can be installed at your premises.
      4. We may require you to provide a certificate of compliance from a certified service provider at your cost before the advanced meter is installed. We may request a copy of this certificate at any time.
    3. What if the meter is faulty?
      1. If either we or you believe the metering equipment at your premises is faulty, damaged, unsafe, does not reflect your actual consumption or it has been interfered with, we will arrange to have it replaced. We may then need to send the faulty equipment for testing.
      2. You agree to co-operate in good faith with any testing or investigations by us, the meter company or other third party that owns the relevant equipment.
      3. For the period your metering equipment is faulty, the variable portion of your charges will be estimates based on the best data we have available or on actual readings from the meter (which may be inaccurate due to faulty equipment). When the investigation is complete, we will work out what the variable portion of your charges should have been for the period your meter was faulty and how much you should have paid based on actual usage. This may result in either a debit or credit to your next energy invoice depending on whether you overpaid or underpaid for the period the meter was not recording accurate usage.
      4. If our investigation shows that there is a fault with the meter itself there will be no cost to you for the replacement and any testing undertaken. If you contributed to the fault, could have reasonably been expected to know about the fault or have breached your obligations under this agreement, we may charge you a fee for the cost of testing and repair or replacement of the meter or other equipment, and any resulting loss or damage suffered.
      5. If you request that we test your meter and the result shows that the meter meets the applicable regulations and standards, we may charge you a fee to cover the cost of testing.
    4. Rental of LPG equipment
      1. In the case of bottled LPG, we will rent to you the LPG equipment, including the LPG bottles for the supply of LPG to your premises. We will own any LPG equipment at your premises. Title to any LPG equipment will not pass to you at any time, unless we agree in writing. LPG equipment may only be used with LPG supplied by us.
      2. Risk in all LPG equipment will remain with you while the LPG equipment is at your premises. We may charge you for any LPG equipment that is lost or damaged while in your possession.
    5. Delivery of LPG
      1. In the case of bottled LPG, we will use reasonable endeavours to deliver the LPG bottles to you within a reasonable time of receiving your request for delivery or in accordance with the agreed delivery schedule. You acknowledge that delivery is subject to, among other things, availability or any interruption of delivery services or our ability to deliver to you.
      2. Deliveries will be made during normal business hours unless we agree otherwise.
      3. Your first delivery will be subject to a site assessment for safety and compliance with Standards New Zealand regulations for LPG installations. If the relevant site is not compliant or is considered unsafe for delivery, you will be notified and given the opportunity to rectify your site. If the issues identified cannot be rectified within a reasonable amount of time, we will terminate our agreement and close your LPG account.
      4. We may, at our sole discretion and for whatever reason, change our delivery schedule, if we change our delivery schedule, we will notify you.
      5. You must provide us, the meter company and our contractors with safe and easy access to your premises to enable delivery of the LPG bottles. If you do not, you may be charged a non-delivery fee or an additional delivery fee.
  2. Housing of the equipment
    1. You must provide us, the meter company, the network company and any other third party that owns equipment on your premises, and must maintain, at your cost, a reasonable and accessible space for the safe, secure, weather-tight, insect- and vermin-free housing of the equipment.
    2. In the case of bottled LPG, you agree that the LPG equipment will not be housed:
      1. in a location where there would be insufficient air movement across the LPG equipment, under a building (unless permitted by the LPG Association Code of Practice No 2), under a stairway or buried in the ground;
      2. in a position that is difficult to access or that would obstruct exits from a building; or
      3. where damage is likely to occur (unless adequate protection is provided).
    3. You must tell us immediately if:
      1. any equipment is damaged, defective, or looks unsafe; or
      2. you discover any fault with, or interference with, any equipment.
  3. Safety of LPG equipment
    1. In the case of bottled LPG you must ensure that at all times the premises at which the LPG equipment is to be used complies with any relevant laws and regulations. We may delay or suspend delivery at any time if access to your premises, if your LPG installation is considered by us to be unsafe, unsuitable, non-compliant, or if the delivery conditions are considered by us to represent a hazard to our delivery drivers.
    2. You must ensure that your LPG installation is certified by a registered gas fitter in accordance with regulations under the Gas Act 1992. If you store more than 100 kg of LPG on the premises, you must obtain a current site location certificate in accordance with the Hazardous Substances and New Organisms Act 1996 and associated regulations. The LPG Association may be able to assist you in ensuring compliance with this requirement.
    3. All LPG equipment must be used in a safe and prudent manner. You must not tamper or interfere with any LPG equipment (and you must ensure that any LPG equipment is not tampered or interfered with) except to the extent that action has to be taken to protect the health and safety of persons or to prevent damage to property. Please report any escape or smell of LPG from the LPG equipment or any interference with the LPG equipment to us immediately.
    4. The risk of any loss, damage or deterioration of the LPG bottles or of the LPG in those bottles shall pass to you upon delivery.
  4. Gas emergency or suspected leak
    1. If there is an emergency in respect of your services, call 111 immediately. If you suspect there is a gas leak or a possibility that your energy supply could be a hazard or danger to people or property, call our dedicated emergency number on 0800 436 020.
    2. If you have a gas emergency or suspect gas is leaking, please refer to our website for information and guidance on what to do.
  5. How should you deal with equipment at your premises?
    1. You must ensure that any equipment at your premises is not:
      1. sold, rented, removed, moved or otherwise transferred without our consent;
      2. encumbered or used as security in any way;
      3. (and does not become) a fixture or fitting of the premises; or
      4. switched off other than in accordance with the relevant section below.
    2. You must also at all times:
      1. look after the meter and prevent interference with, or damage to, or loss of, the metering equipment, other equipment, and the metering communications network;
      2. keep all LPG equipment in your possession at your premises and be responsible for its security and condition;
      3. immediately notify us of any damage to any equipment and not undertake any work on any equipment.
  6. What about other equipment at your premises?
    1. What equipment are we or the meter company responsible for?
      1. We, or a meter company, will repair and maintain meters and associated equipment supplied by us or a meter company, except as outlined below.
    2. What equipment are you responsible for?
      1. You are responsible for repairing and maintaining:
        1. your electricity and gas lines, pipes or cables (including any poles and fittings) from the point of supply;
        2. the meter box or meter board itself, any sub or fuse board and any other wiring or piping on your premises; and
        3. any electrical or gas appliances and equipment not included above.
      2. If any of this equipment looks unsafe, you should contact your own electrician or gas fitter (as appropriate) immediately.
      3. You own and are responsible for energy after it has passed your point of supply. You must not supply energy to another property or person from your premises. Where your point of supply supplies more than one customer you will be jointly responsible for the metering equipment and other equipment you are responsible for, and we may estimate the apportionment of energy consumption between customers or require you to install additional metering equipment so that the energy consumption can be accurately apportioned.
  7. What access do you need to provide?
  8. Measuring energy used, and what you will pay
    1. Meters and meter readings
      1. Reading the meter at your premises
        1. Where your energy is metered, we will charge you for the energy supplied to you on the basis of meter readings from the meter(s) at your premises.
        2. We will read the meter(s) at your premises on a regular basis, as long as we have access, either in person or (for advanced meters) remotely. Were we to read an advanced meter manually, for example, because of a communications fault, we may need to read your meter manually. If a manual reading is required because you have caused a communications fault, we may pass on the costs of the manual reading to you. We may also read the meter(s) at your premises for any additional or final meter reading.
        3. If your actual or expected gas annual usage is greater than 250 gigajoules, we will usually read your gas meter on a monthly basis.
        4. If we have not obtained a meter reading for any reason, we may estimate the amount of energy you have used and charge you for the estimated amount of energy, you can contact us for an explanation of how we calculate estimated invoices. You can, however, provide us with a meter reading, via our website or by calling us. We can decide whether or not to accept your readings. If we do not accept your readings, we may carry out an additional meter reading within five days. If it turns out your reading was accurate, we will not charge you for the cost of our special meter reading. If your reading was inaccurate, we may charge you for the cost of our special meter reading.
      2. What do we do with meter reading information?
        1. You agree that we own all meter reading information. To extent that any meter reading information constitutes “personal information” for the purposes of the Privacy Act 2020, we will hold and use that meter reading information in accordance with the Privacy Act 2020
        2. Meter reading information may be used for the purposes of Load Management. Please see the relevant section to understand more about energy supply management and whether this applies to you.
      3. What if you wish to turn off your energy at the mains?
        1. Switching off your energy at the mains affects our ability to read your advanced meter remotely. You should only switch off your energy at the mains for essential maintenance or in the case of an emergency situation. If you wish to turn off your energy at the mains for longer than a week, you should contact us so we can explain how to turn off the energy at the advanced meter.
      4. What fees and charges will you pay?
        1. You must pay the fees and charges set out in our agreement. These fees and charges may change from time to time in accordance with your pricing plan or our price list.
        2. We may also require you to pay additional fees for services provided to you which are not set out in your pricing plan or our price list. If circumstances arise, or are likely to arise, which mean that you may incur an additional charge, we will provide reasonable notice to you specifying the amount of the charge, the reason why you may incur the charge, and any steps you can take to avoid incurring the charge.
        3. If you request a product or service that involves an additional cost, we will advise you of the amount of such additional cost where that cost is known, or provide an estimate of the cost (unless the cost is from a third party and that third party does not provide an estimate).
  9. Key features of energy supply
    1. Our performance commitment to you
      1. We will supply energy to your premises at quality and reliability levels in accordance with good industry practice in New Zealand, any relevant industry protocols and codes of practice, and any applicable laws including the Consumer Guarantees Act 1993 (if you are a residential customer), the Gas Act 1992, the Electricity Industry Act 2010 and the Electricity Code. If those commitments are not met, we will tell you of any service level payment you are entitled to. In all our dealings with you, we will also follow any other applicable electricity and gas industry protocols, standards and codes of practice.
      2. If you think that we have failed to meet our performance commitment, you can make a complaint – see the relevant section below.
      3. Other parties involved in your supply of energy (e.g. the network company) may also have given us performance commitments for your benefit. If we receive compensation from a third party for losses resulting from interruption of energy supply, we will pass on to you the appropriate share of that compensation. If you ask us to, we will explain how your share of the compensation was calculated.
    2. Interruptions and changes in supply
      1. Planned and unplanned interruptions, surges and spikes
        Circumstances or events beyond our control may interrupt or affect your supply of energy from time to time. For example, the network company may shut down all or part of its network, or the meter company may interrupt supply to carry out maintenance. The network may also be affected by other events beyond our control.
      2. We cannot give warning or notice of sudden, unplanned shutdowns or outages. If possible, we or the applicable network company or meter company will give you at least four working days’ notice of any planned shutdowns. In the event of any urgent shutdown where we cannot give you four working days’ notice, we will give you as much advance notice as possible.
      3. After any shutdown, the network company will reconnect your supply of energy. The time taken to reconnect your supply will depend on the network company. You can access a list of telephone numbers to contact us if you need to report a supply interruption, or access information about a supply interruption (which will be updated regularly in accordance with good industry practice), by clicking here.
      4. Alternatively, you can call our Customer Excellence Team and we will direct you to someone who can help. Your energy supply will be restored as soon as reasonably practicable following an interruption.
        In the event of a local or national energy shortage, or in circumstances of extreme wholesale prices, your energy supply may be rationed or restricted. Energy may also be rationed as part of an industry-wide rationing plan.
    3. Controlled load price plans
      1. One of the things the network company and/or us (including our trusted partners and our third party suppliers) can do is manage the supply of energy to appliances, equipment, or devices at your premises. Your energy supply can be managed by remotely controlling which appliances, equipment, and/or devices (for example a hot water cylinder) receive energy at a given time by switching them on or off, or increasing or decreasing the amount of energy they receive or discharge. We call such management of energy supply “controlled loads” or “load management”.
      2. Load management of appliances, equipment, and/or devices at your premises may be performed by the network company, Genesis Energy Limited, the meter company, our trusted partners and/or our third party suppliers, and this may occur at different times throughout the day.
      3. Load management only applies where:
        1. you are on a “controlled load” pricing plan with us or
        2. have consented to Genesis Energy Limited managing your energy supply;
        3. there is a need to manage the services provided to you (including if there are any network requirements);
        4. it is reasonable to manage the cost of energy supply; or
        5. it is reasonable for load management to occur.
      4. Sometimes equipment or devices that help with load management may need to be installed, maintained, or repaired. You agree to provide reasonable access to the premises you occupy so that we, Genesis Energy Limited, our trusted partners or our third party suppliers can install, maintain and/or repair equipment or devices at your premises. Please refer to the relevant section for more information about how us, our trusted partners and our third party suppliers may access your premises and what your responsibilities are.
      5. You are not allowed to use, or permit the use of, any third-party services or third-party devices (“Third Party Load Management Activities”) to manage the same or similar appliances, equipment or devices which are already subject to load management by us, Genesis Energy Limited, our trusted partners, our third party suppliers, and/or the network company. It is your responsibility to ensure that Third Party Load Management Activities do not interfere, cause damage to, or control (wholly or in part) any load which is already subject to management by Us, our trusted partners, our third party suppliers, and/or the network company. If this does occur, you must immediately inform Us, and remove and terminate use of applicable Third Party Load Management Activities at your own cost. You will be liable for damages and costs associated with Third Party Load Management
  10. Activities in breach of these terms and conditions.
    1. If you think there is a fault with how loads are being controlled at your premises, please contact us. Where there is a fault, we will address such fault in accordance with our normal practices, and after you have informed us accordingly.
  11. What should you do about sensitive equipment?
    1. Surges or spikes (i.e. voltage and frequency fluctuations) can occur at any time because of events beyond our control. They are not treated as interruptions, but they could damage sensitive electrical appliances like computers, televisions, videos, telephones, computerised appliances and fridges and freezers. If you have sensitive equipment or property which may be affected by an interrupted supply, surge or spike, we strongly recommend that you take steps to protect that equipment or property. You should consider arranging insurance that covers damage from power fluctuations, install your own back-up devices such as an uninterruptible power supply (UPS), and/or make other arrangements to protect your equipment or meet your special needs. Power conditioners and surge protectors may help reduce fluctuations, and can be plugged into appliances or wired into your house mains. Further information regarding protection that you may take against outages or voltage fluctuations, and information on high-risk areas, is available by visiting our website.
  12. Getting energy to you
    1. Arrangements with the network company
      1. Your network company
        1. If you would like to know who your network company is, please contact us.
    2. What the network company does
      1. The network company owns and operates the network that we use to transport energy to your premises. We have arrangements with the network company to let us do that. Those arrangements include some things that you are required to agree to as part of these terms. You must comply with:
        1. all applicable statutory and regulatory requirements (including line function services, safety and technical requirements) and codes of practice, and any instructions from the network company to respond to an emergency situation; and
        2. the network company’s distribution code or other similar connection standards, and reasonable technical requirements and specifications for connection to the network as published from time to time (a copy of the code or standards may be obtained from the network company);
      2. You must compensate us in full for any liability caused by your failure to do any of those things (including remedying any interference caused by your equipment or energy usage).
      3. You will not have any property right or other interest in the network, even though some of it may be located on your premises. You must give us, the network company and the meter company access to your premises in some situations – see the relevant section above for details.
      4. You must not, without the prior written consent of the network company:
        1. attempt to send or receive signals or other forms of communication through the network;
        2. install electricity generating equipment that will export energy back into the network, or inject (or attempt to inject) energy into the network;
        3. connect your equipment directly to the network;
        4. interfere in any other way with the network or the network company’s equipment; or
        5. cause or permit anyone else to do any of these things.
      5. You must not, without our prior written consent, connect or modify any fittings or other equipment on your premises to enable any electricity generated on the premises to be conveyed through the network.
    3. Do you need an agreement with the network company?
      1. In some cases, the network company may require you to have an agreement directly with it to use the network. If this is the case, we will provide you with the contact details of the network company, and you must ensure that you have such an agreement and comply with it.
  13. Liability
    1. What is our or the customer’s liability for loss or damage?
      1. What will we be liable for?
        1. We will not be liable to you (in contract, tort (including negligence) or otherwise) for any loss or damage you may suffer unless, and only to the extent that:
          1. the loss or damage is direct loss of or damage to your physical property; and
          2. it occurs due to our breach of this agreement or our negligence; and
          3. it is reasonably foreseeable and is directly caused by our breach or our negligence (and not caused by an event beyond our control).
        2. We will not be liable for any other loss or damage including indirect or consequential losses, loss of profits or revenue, or similar categories of loss.
        3. If an event beyond our control prevents us from complying with this agreement, we will have no liability for that non-compliance.
        4. In that case, we will resume performing our obligations as soon as it is reasonably practicable for us to do so. Subject to the Consumer Guarantees Act 1993, we have no liability for loss or damage (including loss of data) caused by surges or spikes.
        5. Our employees and agents will have no personal liability to you, and they may enforce this exclusion under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
      2. What is our maximum liability to you?
        1. If we are liable to you, the maximum amount we will pay as compensation for your loss is $10,000 in respect of any event or series of closely related events. We may choose to replace any damaged property or goods, up to the same maximum amount, instead of paying cash.
      3. What is your liability to us or the network company?
        1. You agree to indemnify us and our representatives, agents and employees, in respect of all claims, demands, actions, suits, proceedings, damages, losses and expenses of any nature, arising out of or in connection with any breach of these terms and conditions by you. If you are liable to us and the Consumer Guarantees Act 1993 applies to our supply of energy to you, the maximum amount you will pay us as compensation for our loss is $10,000 in respect of any event or series of closely related events. That liability cap does not apply to any charges payable by you under these terms and conditions, where the loss is caused by your deliberate or wilful conduct or negligence, or where the loss caused is a result of your damage to the network or relevant equipment.
        2. You will be liable to the network company for any direct loss or damage caused by your (or your invitees, officers, employees and agents’) fraud, dishonesty or wilful breach of these terms, arising out of or in connection with the services provided by the network company. Without limiting any rights you may have under the Consumer Guarantees Act 1993, any claim by you against the network company will be subject to any limitations of liability agreed between us and the network company. The network company may enforce this section under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
      4. What is the network company’s liability for loss or damage?
        1. If the network company causes you loss or damage, you may wish to advise us.
        2. If the network company is not a provider under the Utilities Disputes complaints resolution scheme, then you agree that the network company has no liability to you (including liability in contract or in negligence) relating to the supply of energy to your premises, unless that loss or damage is physical damage to property where it can be shown that the network company has been negligent and the amount and nature of the loss was reasonably foreseeable. The network company’s aggregate liability to all customers connected to its network (including you) for an event or series of closely related events relating to the network shall not exceed $10,000.
        3. In certain circumstances we may require that the network company, or other third parties engaged in relation with supplying you with energy, provide certain service guarantees. If the network company or relevant third party, breaches any of these service guarantees in relation to the supply of energy to you and we receive a payment from the network company or relevant third party we will pass on to you the value of the payment as a credit in your next invoice.
        4. Other than crediting your account for those amounts, we will have no liability to you in respect of any defaults by the network company or other third party.
        5. This section, and the other terms in this agreement which refer to the network company, are for the benefit of and enforceable by the network company under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
      5. What is the meter company’s liability for loss or damage?
        If you do not have a direct agreement with your meter company, then the meter company has no liability (in contract or in tort) to you, to the extent permitted by law, in respect of the supply of energy to you under this agreement. This section, and the other terms in this agreement which refer to the meter company, are for the benefit of and enforceable by the meter company under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

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