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InCharge Terms & Conditions as at 2 October 2017
View and download our InCharge Terms and Conditions - 172kb
Details
These are the terms of your relationship with Genesis Energy, for your prepay electricity supply - called “InCharge”. In remaining, or becoming, a Genesis Energy prepay customer, you and Genesis Energy agree to these terms and conditions, unless agreed otherwise in writing. These terms and conditions are a legally binding document between us. These terms and conditions are effective from 2 November 2017. However, if you are an existing Genesis Energy customer on 2 October 2017, these terms and conditions will apply to you from 2 November 2017. These terms and conditions replace any previous agreement(s) we have with you. These terms and conditions apply to electricity supplied to you by us. Where we have used words in bold in these terms and conditions, they have a special meaning and are defined at the end of these terms and conditions.
If you wish to contact us, please:
email us at
[email protected]
;
fax us on 0800 110 999;
write to us at: Genesis Energy, Private Bag 3131, Hamilton 3240; or
Call our InCharge Team on 0800 606 909.
Meter readings
All electricity supplied by us to you at your premises will be via a prepay meter. We may send an approved meter reader to read your prepay meter or we may ask you to advise us of a 20-digit code from your prepay meter. If you do not advise us of the 20-digit code as and when reasonably requested, we may arrange for a special meter reading of your prepay meter to obtain this, and charge you a special meter reading fee. The provisions of these terms and conditions relating to metering and the circumstances in which we will take a reading from the meter at your premises will be in accordance with applicable regulations and industry standards.
What if you are a new prepay customer?
If you are a new prepay customer and arrange to have a prepay meter installed, your prepay account will only be charged from the time that you use electricity.
What if the meter is faulty?
We may arrange to have the meter at your premises tested if we think it is faulty or you tell us that you think it is faulty or not reflective of your actual consumption. We will remove the meter for testing within 5 business days if you ask us to. If you request that we test the meter and:
it is clear that there is an inherent fault with the meter itself, we will replace or repair the meter at our, or the meter company’s, cost; or
otherwise, we may charge you our costs for testing, replacing and/or repairing the meter. We will inform you of any extra charge you might incur if we do test your meter prior to undertaking this work. We will also inform you prior to taking any action on your meter which may result in an extra charge being invoiced to you. Our obligation to inform you under this section 5 does not apply where:
there is a safety issue; or
you have materially breached these terms and conditions.
The process set out above for remedying faulty meters complies with relevant regulations and industry standards as at the date of these terms. You must notify us immediately if you become aware that the meter or related equipment is tampered with, damaged, defective or looks unsafe. What do we do with meter reading information? You agree that we own all meter reading information. To the extent that any meter reading information constitutes “personal information” for the purposes of the Privacy Act 1993, we will ensure that that meter reading information is held by us in accordance with the Privacy Act 1993 and our privacy policy. You consent to us:
receiving and collecting meter reading information in respect of you and your premises;
storing meter reading information in respect of you and your premises in a way that is referenced back to you individually and/or your premises;
Using meter reading information in respect of you and your premises for any other purpose, including, without limitation, for the purposes outlined in section 2; and
disclosing meter reading information in respect of you and your premises to third parties.
You may not sell, assign or provide any meter reading information to any third party without our prior written consent. Advanced Meters We currently cannot supply advanced meters to customers with prepay meters. What if I miss an appointment? If we or a meter company make an appointment with you to install, connect, test, inspect, maintain, repair, replace, alter, service, clean, disconnect or remove any metering equipment or other equipment, and you miss the agreed appointment, we may invoice you for any reasonable charges we incur as a result of you missing the appointment.
What access do you need to provide?
You must: provide to us, the meter company, the network company and/or other third parties who own electricity supply equipment on your premises, safe and unobstructed access to metering equipment and any equipment of the network company or any other person on your premises between 8.00am and 7.00pm, Monday to Saturday, excluding public holidays;
provide to us, the meter company, the network company and/or other third parties who own electricity supply equipment on your premises, immediate access to your premises at any time for safety reasons or to prevent serious damage to property or the environment;
allow to us, the meter company, the network company and/or other third parties who own electricity supply equipment on your premises, access for installation, connection, testing, inspection, maintenance, repair, replacement, alteration, servicing, cleaning, disconnection or removal of any equipment owned by us, a meter company, a network company and/or other third parties;
ensure that any dog or other animal that may make entry unsafe is secured to enable safe and easy access;
keep us informed about any health and safety and/or Resource Management Act 1991 requirements or issues at your premises that could be relevant to our representatives or the representatives of a meter company, a network company or other third parties who own electricity supply equipment on your premises when they visit your premises; and
keep your trees and other vegetation regularly trimmed to a safe distance from any lines, pipes, substations, meters or equipment to comply with the Electricity (Safety) Regulations 2010 in relation to any work near lines, the network or other electrical equipment, and the Electricity (Hazards from Trees) Regulations 2003. The Electricity (Hazards from Trees) Regulations 2003 specify the distances trees and other vegetation must be kept from power lines. If vegetation grows within these minimum distances (or Zones) cutting or trimming will be necessary. You can view a summary of these regulations on our website. If you do not comply with these regulations, you will be liable for the costs of carrying out such work arising as a result of your non-compliance. You must, if requested by us, turn off the electricity at your premises to enable access for the purposes referred to above. Except in emergency situations, before accessing your premises, either we, the meter company, network company and/or the other third parties who own electricity supply equipment on your premises, will provide written notice to you of:
when access to your premises will be required; and
the purpose for requiring access to your premises. We will give you at least 10 business days’ notice of the intention to access your premises if the reason for requiring access relates to construction, upgrade, repair or maintenance. Where we require access to your premises for any other reason (except for emergency situations), we will give you reasonable notice. Where we require access to your premises, we will:
take reasonable steps to minimise any direct impacts on your property and any inconvenience to you; and
try to comply with any reasonable requirements that you have given us (such as closing gates etc). Where we are able to, we will instruct the meter company, network company and/or other third party to take such steps and comply with such requirements. When accessing your property, our representatives will act in a courteous, considerate and professional manner at all times. For more information on electricity safety matters, contact the Energy Safety Service or the network company.
Any of our representatives or any representatives of a meter company or the network company or other third parties who own electricity supply equipment on your premises who are requesting access to your premises will carry identification and present their identification to you on request. If our representatives are visiting at your request and you are at your premises, they will identify themselves to you before entering your property (and we will procure that any representatives of a meter company, the network company and/or other third parties who own electricity supply equipment on your premises requesting access to your premises will also identify themselves to you). In all other circumstances, you can ask the representative(s) to identify themselves at any time while they are on your property. If they are unable or unwilling to show you their identification, you should not give them access. What if we have problems gaining access to your premises? If you are not able to grant us access, please contact us to discuss alternative access options. If you don’t provide access to your meter or to any other meters (where you control access to those other meters), such refusal will be considered a material breach of these terms and conditions for which we may disconnect your supply. What if we hold keys to your premises? If we have a key or security information to enable us to gain access to your premises, we will be responsible for its safe keeping and will use it only for the purposes described above. We will comply with any direction from you to return or destroy keys that you have given us, and/or the meter company or the network company.
What fees and charges will you pay?
You must pay the fees and charges set out in the Genesis Energy price list based on the electricity you consume and the services you use, unless we have agreed otherwise in writing. These fees and charges may change from time to time. Please call our InCharge Team, for a copy of our most recent price list. We will contact you every year to provide you with details of our low fixed charge electricity plan. You can then check whether you are on the right pricing plan for your home. If circumstances arise, or are likely to arise, which mean that you may incur an additional fee, we will provide reasonable notice to you specifying the amount of the fee and the reason why you may incur the fee. 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).
How do you pay your prepay account?
You may credit an amount to your prepay account by making a payment. The minimum payment amount allowed is $20.00. You may make a payment on your prepay account by Cash or EFTPOS at selected merchants as outlined in your Welcome Pack, during business hours. You can view a list of prepay merchants on our website. What if the credit you receive is wrong? If the amount you have been charged is incorrect, or if there is a fault with your prepay meter, we will refund any amount that we have overcharged, or, if you have been undercharged you will pay any amount that we have undercharged. You will only be liable to us for the correct amount. Any refunds or credits for amounts that we have overcharged will be made promptly. Any amounts that you are required to pay because we have undercharged you will take into account whether you have contributed to the error in any way or could reasonably have been expected to know of the error. No interest is due or payable on any amounts over-paid or under-paid by you or us.
Can you get a credit prior to making payment?
You may apply for an emergency credit of up to $100.00 by phoning the InCharge Team and requesting an emergency credit when system technical issues prevent you from making a payment. In certain other circumstances, you may apply for a credit of $1.00 by phoning the InCharge Team and requesting a credit, when you are moving into a new house and the supply has stopped or when you are changing from a postpay account to a prepay account. In all circumstances, we may accept or decline your application for a credit in our sole discretion. A credit will be loaded against your prepay meter in advance of receiving payment. The credit will be automatically deducted from your account once you have made your next payment and our system has registered the credit against your account (this may take up to 10 days).
When will your supply stop?
If there is no credit on your prepay account, the electricity supply to your premises will stop. Except for any interruptions through planned or unplanned outages, the electricity supply to your premises will not stop between the hours of 4.00pm to 8.00am Monday to Thursday, and between the hours of 4.00pm Friday and 8.00am Monday (New Zealand standard time) or during daylight savings between the hours of 5.00pm to 9.00am Monday to Thursday, and between the hours of 5.00pm Friday and 9.00am Monday, and will not stop at any time on those national public holidays that do not move date from year to year.
When will your supply resume?
If your supply of electricity has stopped because there is no credit on your prepay account, your supply will resume when you credit an amount to your prepay account by making a payment (see section 8), or if we accept an application for a credit (see section 9).
When will we disconnect your supply?
In addition to our and the network company’s other rights of disconnection under this agreement, your electricity supply may be disconnected:
if we cease to have an agreement with the network company that provides line services to you;
for a planned or unplanned supply interruption (including for safety reasons); or
if you materially or persistently breach any term of this agreement. If you materially breach a term of this agreement in a way that is capable of being remedied, we will give you notice of the steps you can take to avoid the disconnection of your electricity and/or termination of this agreement and you will have 5 business days to remedy the breach in accordance with the notice. Will we tell you about disconnecting your supply? Except in the case of an emergency situation or for safety reasons, or where we suspect you have tampered or interfered with the metering equipment or other equipment at your premises supplied by us or a network company or a meter company, we will tell you at least 7 days (and allow a further 3 days for delivery of the notice) before we disconnect your supply of electricity. We will also 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. If disconnection is not prevented by you and not completed within the time frame notified to you, we will issue you with another final warning no less than 24 hours, or not more than 7 days, before disconnection. Any notice of disconnection from us will include information that you need to prevent disconnection if prevention is possible. We may ask you to pay a disconnection fee in respect of the action taken by us under this section. We will provide reasonable notice to you if you are likely to incur a disconnection fee. Where we disconnect your electricity under this section 12 (other than in the case of an emergency situation or for safety reasons), such disconnection will not take place on a Friday, Saturday, Sunday, public holiday or the day before any public holiday in your area.
Can the network company also disconnect your supply?
The network company is entitled to disconnect your supply if: you fail to grant the rights of access specified in this agreement;
your equipment does not meet the network company’s requirements;
requested to do so by us;
an emergency situation occurs;
it considers your equipment to be unsafe; or
you materially breach any other term of this agreement including the network requirements, and you agree that in respect of your electricity supply, section 105 of the Electricity Industry Act 2010 shall not apply in respect of such disconnection.
How do you resume supply after disconnection?
When you want to start your electricity supply again, please call us. Before we agree to reconnect your electricity supply we may require you to: • be present at the time of reconnection;
turn off all appliances at your premises;
pay all outstanding amounts;
make a payment if necessary; and/or
pay a reconnection fee. Where you have met these requirements we will arrange to reconnect your electricity as soon as possible. You will be responsible for any liability suffered or incurred by you as a result of us disconnecting or reconnecting the electricity supply at your premises
What if you want to stop your supply?
When you move out of premises, you must notify us prior to moving, in order to arrange for a refund of any credit on your meter. If you intend to leave your present premises, you must also tell us your forwarding address. If you don’t give us notice, any electricity used at the premises will be debited from the prepay meter even if you are no longer at the premises. Where you have instructed us that you are switching to another retailer, we will work with you to facilitate the switch and terminate your supply in accordance with applicable regulations and industry standards. A charge may apply if you wish to change your electricity supply back to postpay plan with us. If you are not the owner of the premises, the owner’s permission may also be required prior to changing back to postpay. This agreement will cease to apply after you have given us notice in accordance with this section 14 or if your prepay meter is permanently disconnected. Our standard terms and conditions for postpay customers will apply if you apply to convert your prepay meter to postpay.
Our performance commitments
We will supply electricity to your premises at quality and reliability levels in accordance with good industry practice in New Zealand and in accordance with current laws including, but not limited to, the Consumer Guarantees Act 1993, the Electricity Industry Act 2010 and the Electricity Industry Participation Code 2010 and technical electricity codes of practice. What if you think that we have not met our performance commitments? If you think that we have failed to meet our performance commitments, you can make a complaint. We will respond to any complaints and will seek to resolve them in accordance with section 16.
What happens if you have a complaint?
Genesis Energy is a member of the Electricity and Gas Complaints Commissioner Scheme and will deal with any complaints you have in relation to your electricity supply in accordance with the requirements of the Scheme. If you have a complaint, please contact our InCharge Team. Our contact details are set out in section 1, or alternatively you can make an appointment to see us at our offices. We will try to resolve your complaint straight away. If it is complex, or involves other parties, such as your network company or meter company, our Customer Resolutions Team will investigate it for you. We may also refer it to your network company or meter 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 within 20 business days, You may refer your complaint to the free independent dispute resolution service provided by the Electricity and Gas Complaints Commission on 0800 22 33 40 or visit www.egcomplaints.co.nz. You may also refer your complaint to the Disputes Tribunal or the Court.
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, tort or otherwise) for any loss or damage you may suffer unless that loss or damage is direct loss of or damage to your physical property and 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 any other loss or damage including indirect or consequential losses, loss of profits or revenue, 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, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, earthquake, fire, lightning, storm, flood or other similar event, interference with the network from birds, animals or vegetation, traffic accidents, faults in the network, acts or omissions by the network company or meter company, problems with your wiring, problems arising because of health and safety hazards at your premises, 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 closely 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. In these circumstances, 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. Our limitations of liability extend to our employees and agents for the purposes of the Contracts (Privity) Act 1982. Notwithstanding any provision to the contrary in this agreement, nothing in this agreement will exclude or limit the application of any law in New Zealand where such law applies to the supply of electricity, or any other services we supply, to the extent that to do so would:
contravene that law; or
cause any part of this section 17 to be void.
Can we change this agreement?
We may make changes to this agreement, the network requirements, the methods of making a payment to your prepay account, or our price list. If we make changes to this agreement, the network requirements, your payment methods, or if we increase the electricity prices set out in our price list, we will give you notice of the changes as soon as possible and not later than 30 days before the change is to take effect, together with our reasons for making the changes.
We will do this by any reasonable method of communication including by: advertising in a local daily newspaper;
posting a notice on our website (genesisenergy.co.nz);
writing to you;
emailing you; or
notifying you by other electronic means, or by a combination of these methods. If we increase the special fees or charges set out in our price list we will notify you of these changes by advertising on our website or by one of the other methods set out above. We do not need to give you notice if we decrease your electricity prices or the special fees and charges set out in our price list. If we increase your electricity prices by more than 5%, or increase other fees or service charges by a material amount, or change the permitted methods of making payments to your prepay account, we will always give you an individual written notice as soon as possible. If there has been an increase in your electricity prices, the notice will explain the reasons for the increase.
If for any reason, Genesis Energy discontinues or is no longer able to provide the InCharge service, we will give you, at a minimum 30 days notice in writing of our decision, noting the date that you will no longer be able to purchase InCharge top up vouchers from merchants.
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. Where we transfer our rights and responsibilities under this agreement, we will advise you that the agreement is being transferred to another company, where you can access the information you need to contact the new company and when the transfer will take place. If, for any reason, we have, or we are likely to have, a receiver, liquidator or other similar officer appointed, we will take all reasonable steps to ensure that the supply of your electricity is not affected.
How will we contact you?
Except as otherwise provided in this agreement, our notices to you will be:
delivered to your premises;
mailed to the most recent postal address you have given us; or
emailed to the most recent email address you have given us. All notices sent to you will be considered to have been received by you:
on the day it was delivered to the address to which you asked us to send notices;
3 days after being posted by us to the postal address you provided to us; or
the day after it was sent to the email address you provided to us.
Getting our electricity to you - Using the network and metering
The network companies and meter companies we work with require 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. The network company owns and operates the network which transports electricity to your premises. We will make arrangements with the network company to use the network and get our electricity to you. Do you need a contract with the network company? In some cases, the network company may require you to have a contract 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 a contract; and
our agreement will cover the supply of electricity only. You agree to comply with statutory and regulatory requirements and the network company’s distribution code or other similar connection standards (a copy of the code or standards may be obtained from the network company). You must also comply with the network company’s technical requirements and specifications for connection to the network which are published from time to time. This information can be obtained from the network company. You can contact us to find out who your network company is. Interference with the network You must not, without the prior written consent of the local network company:
attempt to send or receive signals or other forms of communication through the network;
install electricity generating equipment that will export electricity back into the network;
connect or re-connect your equipment directly to the network; or
interfere in any other way with the network. 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. Some technical requirements relating to electricity In relation to your electricity supply, you agree that:
the power factor shall not be less than 0.95 lagging each month or such other amount as specified by your local network company;
there is to be no interconnection at any time between your point of supply and any other point of supply without the network company’s prior written consent;
if the characteristics of your equipment or demand interferes with the quality of supply of electricity to any other consumer on the network or interferes with the operation of any remote signalling services or other fittings of the network company, you will, upon notice from the network company or us, remedy the interference at your own cost as soon as practicable (and in any event within 20 business days of the date of the notice). If we become liable to any third party as a result of such interference, you must compensate us to the full extent of such liability and for all associated costs incurred by us;
you will use all reasonable measures to ensure that the levels of harmonic voltages and currents injected back into the network from your premises conform with the New Zealand Electrical Code of Practice for Harmonic levels NZECP 36:1993 insofar as the harmonic disturbance results from a cause within your control; and • you agree to comply with all line function services, safety and technical requirements provided for under statute, regulations and codes of practice. For more information contact the network company. 22.
What should you do about sensitive equipment?
There may be planned or unplanned events which may cause outages or voltage fluctuations which could damage sensitive electrical appliances like computers, televisions, videos, cordless phones, computerised appliances and fridges and freezers. Voltage fluctuations can occur at any time and may be caused by events beyond our control, such as the events listed in section 17. 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 such 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. We take no responsibility for any loss or damage caused to equipment or appliances, including loss of data, arising from these kinds of fluctuations. 23.
Metering equipment and network company equipment
The electricity supplied to you will be metered. The prepay pricing option requires a special kind of meter. We, or the metering company, will retain all ownership rights in any meter and metering equipment installed at your premises. All electricity meters will comply with applicable regulations and good industry practice. How should you deal with equipment at your premises? You must ensure that any metering equipment which is supplied by us or a meter company, and any electricity supply equipment of the network company or any other third party:
is not removed from its location without our consent;
is not encumbered or used as security in any way; and
is not, and does not, become a fixture or fitting of the premises. You agree:
to provide us, the meter company, network company and any other third party who owns electricity supply equipment on your premises with reasonable space for the safe, secure, weather tight and accessible housing of the metering equipment and the equipment of the network company or other third party at no cost to us; and
to look after the meter and prevent interference with, or damage to, or loss of, the metering equipment, the electricity supply equipment of the network company or other third party. If you do not own your premises, you confirm that you have any necessary approvals required from the owner, landlord or body corporate for the installation of any meter or metering equipment at your premises, for any alterations to your premises required to install any such equipment and to enable us to exercise our other rights under these terms and conditions. You will bear any costs incurred by us, the meter company, network company or our respective contractors if you do not have any such approval. What if the meter is damaged?
You must tell us immediately if: any metering equipment or any electricity supply equipment of the network company premises or other third party is damaged or defective, or looks unsafe; or
you discover any fault in, or interference with, any metering equipment, the metering communication network or any electricity supply equipment of the network company or other third party. You agree to co-operate in good faith with any investigations by us, the meter company, network company, or other third party that owns electricity supply equipment on your premises in respect of interference with any metering equipment on your premises. If we and/or the metering company’s and/or other third party’s investigations identify that the interference was caused by you, you agree to pay our and/or the meter company’s and/or the third party’s reasonable expenses of the investigation on demand. If we believe on reasonable grounds that:
somebody has damaged, tampered or interfered with any metering equipment or electricity supply equipment of the network company or any other third party;
you have benefited from the fact that the meter was inaccurate or not working properly;
somebody has caused any loss or damage to us, a meter company, a network company and/or any of our other contractors; or
you have allowed anyone else to do so, you will be responsible for the resulting loss, damage or costs suffered, including our and/or the meter company’s and/or the network company’s and/or the other third party’s reasonable expenses of the investigation or demand. We may also:
immediately disconnect, either temporarily or permanently, your supply if your action or omission constitutes a material breach of these terms and conditions;
estimate the value of electricity stolen or lost and require you to pay for that electricity;
charge you for the costs of any repairs and/or replacement of metering equipment;
terminate this agreement and refuse to reconnect your supply and/or;
inform the Police.
What about other equipment at your premises?
We, or a meter company, will repair and maintain meters and associated equipment supplied by us or a meter company, except as outlined below. What equipment are you responsible for? You must repair and maintain:
your electricity lines, or cables (including any poles and fittings) from the point of supply;
the meter box or meter board itself, any sub or fuse board and any other wiring on your premises; and
any electrical appliances and equipment not included above, and if any of this equipment looks unsafe, you should contact your own electrician (as appropriate) immediately. You own and are responsible for electricity supplied from your point of supply to the point where the electricity is consumed. You must not supply electricity to another property or person from your premises. You must not interfere with the network company’s equipment or allow anyone else to do so. Your rights and obligations in relation to trees are set out in the Electricity (Hazards from Trees) Regulations 2003. For more information, please contact your network company. If you do not know how to contact your network company, please ask us.
What is the network company's liability for loss or damage?
If the network company causes you loss or damage, you may wish to advise us. If the network company is not a member of the Electricity and Gas Complaints Commissioner 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 electricity to your premises. However, the network company has agreed to be liable to us in certain instances. As explained in section 21, we contract with the network company to deliver electricity to your premises. To achieve a better quality and reliability of service from you, we encourage the network company to give service guarantees. As these guarantees are for your benefit, we will pass on to you, as a credit in your prepay account, any payments we receive from the network company for a failure by the network company to satisfy any guarantees they may give us in relation to their services that can be reasonably considered as compensation for the network company’s failure to satisfy its guarantees. We will also pass on to you any payments we receive from other third parties who breach service guarantees that have been provided to us for your benefit. On request, we will provide you with an explanation of how the credit passed on to you was determined. Other than paying you such amount, we will have no liability to you in respect of any defaults by the network company. If the network company is a member of the Electricity and Gas Complaints Commissioner Scheme then the network company will not be liable to you (in contract or in negligence) for any loss or damage you may suffer 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 will not have any liability to you, whether in contract or in negligence, for an event or series of closely related events relating to the network for any amount exceeding $10,000 in value.
Notwithstanding the preceding sentence, the network company’s aggregate liability to all customers connected to its network for an event or series of closely related events relating to the network shall not exceed $10,000. If you acquire goods or services from the network company for personal, domestic or household use or consumption, any rights you have under the Consumer Guarantees Act 1993 are not affected by this limitation of liability. However, 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 network company. This condition, and the other conditions in this agreement which refer to the network company, are intended to be for the benefit of, and are enforceable by, the network company under the Contracts (Privity) Act 1982.
What is the meter company's liability for loss or damage?
If you do not have a direct contract with your meter company, then the meter company has no liability (in contract and in tort), to the extent permitted by law, in respect of the supply of electricity to you under this agreement. This condition, and the other conditions in this agreement which refer to the meter company, are intended to be for the benefit of, and are enforceable by, the meter company under the Contracts (Privity) Act 1982.
Words we use in this agreement
business day means any day other than a Saturday, Sunday or public holiday in Auckland. disconnection and disconnected means the isolation of your premises from the network. Your premises remain connected to the network but you cannot receive supply of electricity. This is different to where you do not have any credit left on your meter, and the electricity supply stops. In this case, once you make a payment to the meter the electricity supply will resume. 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 of distribution of electricity.
Genesis Energy, we, us and our means Genesis Power Limited, its agents, successors and assignees, trading as “Genesis Energy”. meter company means the company or companies that own the meter situated on your premises and/or are responsible for installing, maintaining, repairing and reading meters. metering equipment and meter means the metering and other equipment which is used to measure and/or provide information about your consumption (and, if appropriate, demand) of electricity, including any covering or housing for such equipment, and meters, loggers, communications devices, relays, current transformers, voltage transformers and any other equipment required to measure electricity usage. network means the electricity distribution network to which your point of supply is connected including the network of overhead lines, underground cables, substations, and other equipment used to distribute electricity. network company means the company or organisation that owns the network, and its agents. network requirements means the rights and responsibilities relating to the network company summarised in these terms and conditions. payment means a payment to your prepay account. point of supply means the point at which we or the network company determine that the network ends and your lines or cables and fittings and equipment begin. For your information, the point of supply for electricity is generally the point on the boundary of a property where the electricity supply enters.
If you are not sure where your point of supply is, please contact your network company. If you are not sure who your network company is, please call us on one of the numbers listed in section 1 and we will refer you to the appropriate network company. postpay means where customers receive an invoice at regular intervals based on actual or estimated electricity consumption. premises means the property supplied with electricity under this agreement. prepay means where you pay for electricity consumption in advance. prepay account means your account for the measurement of prepay electricity. price list means Genesis Energy’s electricity prices relating to electricity consumption, and special fees and charges for other services. Your current relevant price lists are available by calling our InCharge Team. you/your means you, the customer.