LPG Terms and Conditions

under a building (unless permitted by the LPG Association Code of Practice),

• in a position that would obstruct exits from a building,
• buried in the ground, or
• where damage is likely to occur, unless adequate protection is provided.

7 DELIVERY

We will use our reasonable endeavours to deliver the LPG bottles to you within 6 working days of receiving your instructions. Deliveries will be made during normal business hours.

If urgent delivery is required within 48 hours, we will consider all requests and if we are able to deliver, we will do so. Any urgent deliveries outside our usual business hours will incur a fee in accordance with our current published delivery fees.

You must provide us with safe and easy access to your premises to enable delivery of the LPG bottles. If we are unable to deliver due to an obstruction in the way and you have not advised us of this obstruction, you may be charged a non delivery fee. You may also be charged an additional delivery fee if your premises do not meet our normal delivery conditions.

8 SAFETY

You must ensure that the premises at which the equipment is to be used, shall at all times comply with any relevant laws and regulations. We may delay or suspend delivery at any time if access to your premises is considered by us to be unsafe, if the delivery conditions are considered by us to represent a hazard to our delivery drivers or if the connection is not considered to be compliant.

You will ensure that your current gas installation has been certified by a registered gasfitter in accordance with regulations under the Gas Act 1992. If you store more than 100 kgs 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.

All equipment must be used in a safe and prudent manner. Do not tamper or interfere with any equipment 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 unintended escape of LPG from the equipment or any interference with the equipment to us immediately.

The risk of any loss, damage or deterioration of the LPG bottles shall pass to you upon delivery.

9 HOW WILL WE INVOICE YOU?

We will send you an invoice for payment unless we have agreed otherwise. Your invoice will be delivered to the address provided by you.

What if you have a dispute?

If you dispute any amount payable under an invoice, you must give us notice within 3 business days, prior to the due date of the invoice, identifying the amount in dispute, and giving full reasons for the dispute. We will investigate your dispute as quickly as possible.

If you dispute the amount on your invoice, or any part of your invoice, you must still pay that invoice in full by the due date. If you do not pay your invoice, and fail to contact us, we may remove the LPG bottles from your premises.

We will not stop supplying you with LPG if there is a genuine dispute between us in relation to an invoice.

What if you don't pay?

We will try to help you in making payment arrangements with us, but if you do not pay amounts due to us, we may remove your LPG bottles and you may incur fees for disconnection and debt collection.

Any costs incurred in collecting money owing to us by you, including bank fees, credit agency fees, legal and court costs and default interest, are payable by you.

What if your invoice is wrong?

If your invoice is incorrect, we will refund any amount that we have over-charged, or you will pay any amount that we have under-charged. In any event, you will be responsible for the payment of all of the LPG used by you.

10 WHAT FEES AND CHARGES WILL YOU PAY?

You must pay the fees and charges set out in the Genesis Energy LPG - price list unless we have agreed otherwise in writing. These fees and charges may change from time to time.

We may also require you to pay other fees for services provided to you which are not shown on our price list.

Please call our Customer Care Team, or check our website, for a copy of our most recent price list.

11 HOW DO YOU PAY YOUR INVOICE?

You may pay your invoice by any of the methods described in the welcome pack sent to you when you became our customer, as updated from time to time on our website. If you would like to receive further details, please call us on 0800 300 400 (Residential),

0800 600 900 (Commercial) or 0800 600 950 (Rural).

12 DISCONTINUATION OF YOUR LPG SUPPLY

Discontinuation by you

You may terminate this agreement at any time by providing two weeks notice. If you are moving house or changing premises you must also give us a forwarding address. This agreement will come to an end when we receive payment in full of all outstanding fees and charges.

If we agree to supply LPG to your new premises, these terms and conditions will apply to your new premises.

Upon termination of this agreement you will allow us and/or our contractors and agents to immediately enter the premises and collect the equipment.

If the new occupier does not take over the supply from Genesis Energy, there will be a fee to collect the equipment, payable by you. We will make all reasonable endeavours to collect the equipment as soon as practicable, but this may be in line with the distribution cycle for your region, and the passing of title and risk will occur when we have collected the equipment.

What if you are switching your LPG supply to another supplier?

If you are not going to remain our customer after your move, our charges to you will stop on the date agreed between us. This agreement will come to an end when we receive all outstanding payments from you.

What if you want to stop receiving LPG but not electricity, or vice versa?

If you have been receiving both electricity and LPG from us and no longer want us to supply you with one of them, you must provide us with two weeks notice for LPG. Our charges to you for the terminated supply will stop on the date agreed between us.

Discontinuation by us

In addition to our and the Distribution Company's other rights of disconnection under this agreement, your LPG supply may be disconnected:

Will we tell you about disconnecting your supply?

Except in the case of emergencies or where we suspect you have tampered or interfered with the equipment at your premises supplied by us or the Distribution Company, we will try to tell you at least 7 days before we disconnect your supply of LPG. We will also try to contact you, at the contact details provided by you, to provide you with a final warning at least 24 hours prior to disconnecting your supply.

We may ask you to pay a disconnection fee in respect of the action taken by us under this section 12.

Your LPG supply may also be disconnected without notice for safety reasons.

The Distribution Company is entitled to disconnect your supply if:

• you fail to grant the rights of access specified in this agreement,
• your equipment does not allow the supply of LPG,
• requested to do so by us,
• it considers your equipment to be unsafe, or
• you breach any other term of this agreement.

13 HOW DO YOU RESUME SUPPLY?

When you want to start your LPG supply again for either a new connection, an altered connection or a reconnection, please call us. Before we agree to reconnect your LPG supply we may require you to:

14 WHAT HAPPENS IF YOU HAVE A COMPLAINT?

If you have a complaint, please contact us, by:-

• calling us,
• writing to us,
• emailing us, or
• faxing us.

We will try to resolve your complaint straight away. If it is complex, or involves other parties, such as the Distribution Company, our Customer Resolutions Team will investigate it for you. We may also refer it to the Distribution Company. If we do this we will tell you.

In any event, we will acknowledge your complaint in writing within 2 business days after we receive your complaint.

If we can't resolve your complaint straight away, we will give you a response within 7 business days after we receive your complaint.

If:

you are not happy with the way we propose to resolve your complaint, or we have not resolved your complaint in a reasonable time, you may refer your complaint to the Disputes Tribunal or the Court at any time.

15 WHAT IS GENESIS ENERGY’S LIABILITY FOR LOSS OR DAMAGE?

What will we be liable for?

We will not be liable to you (in contract or tort) for any loss or damage to your property or goods unless it occurs due to:

• our breach of this agreement; or
• our negligence,
• and the loss or damage is:
• reasonably foreseeable and is directly caused by our breach or our negligence, and
• is not caused by something beyond our control.

but we will not be liable in any cases for indirect or consequential losses, loss of profits or similar.

What is an event beyond our control?

An event or cause beyond our control includes, but is not limited to: acts of God, war, earthquake, fire, lightning, storm or other similar event, car accidents, acts or omissions by the Distribution Company, problems with generation, transmission or distribution of LPG, and other things which we do not have control over.

What is our maximum liability?

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 related events. We may choose to replace any damaged property or goods, up to the same maximum amount, instead of paying cash.

We are not required to honour this agreement in circumstances where an event has occurred which is beyond our control and which prevents us from doing the things we would normally do. We will carry on honouring our obligations as soon as it is reasonably practicable for us to do so.

If you acquire goods or services from us for personal, domestic or household use or consumption, any rights you have under the Consumer Guarantees Act 1993 are not affected by our limitations of liability. However, if you acquire goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law.

Our limitations of liability extend to our employees and agents for the purposes of the Contracts (Privity) Act 1982.

16 YOUR LIABILITY

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 this agreement by you.

17 CAN WE CHANGE THIS AGREEMENT?

We may make changes to this agreement, the Distribution Company’s requirements, or our price list. If we make changes, we will give 30 days' notice of the changes. We will do this by advertising in a local daily newspaper, or by writing to you.

If we change your LPG prices, or the permitted methods of payment, we will always give you an individual written notice.

18 CAN YOU TRANSFER YOUR RIGHTS AND RESPONSIBILITIES?

This agreement may not be transferred or assigned by you to any other person.

We may transfer to someone else all or any part of our rights and responsibilities under this agreement. We may also sub-contract or delegate our responsibilities under this agreement to other people or companies. Notice of the transfer will be given to you either in writing or by notice in a public newspaper.

19 HOW WILL WE CONTACT YOU?

Except as otherwise provided in this agreement, our invoices or notices to you will be:

All notices mailed to your most recent given address will be considered to have been received 3 days after being mailed by us.

20 GETTING LPG TO YOU - USING THE DISTRIBUTION COMPANY

The Distribution Company we work with to supply LPG requires us to ensure that the information contained below is agreed to by you. When you become our customer, you agree to those arrangements as part of this agreement.

21 WHAT IS THE DISTRIBUTION COMPANY'S LIABILITY FOR LOSS OR DAMAGE?

If the Distribution Company causes you loss or damage, you may wish to advise us.

The Distribution Company has agreed to be liable to us in certain instances.

We may decide, in our sole discretion, whether to seek to recover any sum from the Distribution Company in respect of the loss or damage you have suffered. If we recover any sum from the Distribution Company, we will forward to you the amount so recovered (less our reasonable costs of recovering such sum) which is applicable to you. Other than paying you such amount, we will have no liability to you in respect of any defaults by the Distribution Company.

If you acquire goods or services for the purposes of a business, the Consumer Guarantees Act 1993 does not apply to the services provided by the Distribution Company to the maximum extent permitted by the law.

You indemnify the Distribution Company from any claim made by any third party in respect of any damage or loss to any third party from the LPG bottles or equipment while they are in your possession. This condition, and the other conditions in this agreement which refer to the Distribution Company, are intended to be for the benefit of, and are enforceable by, the Distribution Company under the Contracts (Privity) Act 1982.

22 NO WAIVER

All our rights shall remain in force notwithstanding any delay or forbearance of enforcement and no waiver by us shall arise under any circumstances unless such waiver has been expressly agreed to in writing by us.

23 WORDS WE USE IN THIS AGREEMENT

disconnection and disconnected means the removal of LPG bottles from your premises.

Distribution Company means On Gas Limited, who own the LPG bottles situated on your premises and/or are responsible for installing, maintaining, repairing, delivering and refilling the LPG bottles.

equipment means the LPG bottles and any other gas supply equipment supplied by Genesis Energy.

Genesis Energy, we, us and our means Genesis Power Limited, its agents, successors and assignees, trading as "Genesis Energy".

LPG means Liquified Petroleum Gas, which complies to NZS5435.

premises means the property supplied with LPG under this agreement.

price list means Genesis Energy's various pricing plans, fees (including special fees) and charges for LPG and other services which from time to time apply in your area. Your current relevant price lists are available by calling our Customer Care Team.

you/your means you, the customer.