HomeGen terms and conditions
1.1. These special terms and conditions are in addition to and form part of Genesis Energy's Standard Terms and Conditions of Energy Supply ("Agreement") for customers who operate, or wish to operate a HomeGen Facility at their Premises.
1.2. These Special Terms and Conditions will apply to customers from the date on which a customer whom Genesis Energy supplies electricity begins to operate a HomeGen Facility at their Premises.
1.3. However, these Special Terms and Conditions will apply to customers who are existing HomeGen customers on 25 October 2016, these terms and conditions will apply to you from 4 December 2016. These Special Terms and Conditions will then replace the previous HomeGen terms and conditions Genesis Energy had with such existing HomeGen customers.
Definitions of terms used in these Special Terms and Conditions
"HomeGen Facility" means a facility installed at the customer's Premises and connected to the Network that generates electricity and has a maximum generating capacity of 50kW.
"Exported Electricity" means electricity produced from a HomeGen Facility which is over and above the requirements of the customer at the Premises and which the customer exports into the Network with agreement from the Network Company.
"Special Terms and Conditions" means these special terms and conditions for HomeGen Facilities as may be amended from time to time in accordance with the provisions of the Agreement.
Unless provided otherwise, terms used in these Special Terms and Conditions have the same meaning as those terms in the Agreement and all provisions of the Agreement apply to these Special Terms and Condition as part of the Agreement.
Use of a HomeGen Facility and sale and purchase of Exported Electricity
3.1. The customer may from time to time use a HomeGen Facility instead of taking electricity supply from Genesis Energy and may supply Exported Electricity to Genesis Energy in accordance with these Special Terms and Conditions.
3.2. The customer will sell and Genesis Energy will purchase any Exported Electricity provided that:
(a) The customer is a current electricity supply customer of Genesis Energy;
(b) The Imported and Exported Electricity is metered with Metering Equipment supplied by Genesis Energy or its nominated Metering Company to an accuracy and reliability that is approved and certified in accordance with part 10 of the Electricity Industry Participation Code 2010;
(c) The customer has made and maintains all necessary contractual and physical arrangements with the Network Company in order to connect the HomeGen Facility to the Network and supply electricity into the Network;
(d) The customer ensures the HomeGen Facility and the customer's operation of the same complies with any relevant standards and/or statutory or regulatory requirements;
(e) The customer shall be responsible for the safe operation of the HomeGen Facility and for any damage caused to the facility itself or to any other property or person as a result of the operation of the HomeGen Facility (including without limitation for any voltage fluctuations or other matters concerning the quality of the electricity supply to the customer's points of supply which may damage sensitive electrical equipment or concerning the local supply on the Network);
(f) Where appropriate, the customer shall arrange public liability insurance in relation to the operation of the HomeGen Facility;
(g) The customer shall remain responsible for arranging any required insurance to cover the risk of damage caused by any power fluctuations and for installing back-up devices or making other arrangements to protect the customer's equipment or meeting its special needs or the requirements of the Network Company; and
(h) Genesis Energy may end the arrangement to purchase any Exported Electricity from the customer by notice to the customer where any of these Special Terms and Conditions are not being met or where, in Genesis Energy's opinion, the HomeGen Facility is being operated in a manner which is likely to cause damage or injury to any property or person.
Measurement and payment provisions
4.1. Genesis Energy will pay the customer for any Exported Electricity at the rates per kWh (plus GST if the customer is GST registered) advised from time to time to the customer by way of a credit on the customer's Energy supply account Invoices. Interest shall not accrue or be payable on any credit balances.
4.2. The customer is responsible for advising Genesis Energy if they are registered for GST purposes, or if their GST registration status changes. Genesis Energy may require evidence to confirm this registration.
4.3. In the event that it is not possible for Genesis Energy to determine the details of the quantity of Exported Electricity due to a failure or inaccuracy in the Metering Equipment or in the event that the customer disputes Genesis Energy's calculation of the quantity of Exported Electricity, then the quantity of Exported Electricity shall be Genesis Energy's reasonable estimate for the relevant period of the HomeGen Facility generation less the customer's consumption during the relevant period based on historical information and having regard to the customer's previous generation, exportation and consumption profiles.
5.1. The complaints provisions set out in the Agreement shall not apply in relation to questions, disputes or differences concerning any matter related to these Special Terms and Conditions.
5.2. Where a question, dispute or difference relates to these Special Terms and Conditions the party initiating the question, dispute or difference will provide notice of the same to the other party. On receipt of such notice both parties will discuss and consult with the other in good faith with a view to resolving the matter in dispute.
5.3. If the parties are unable to resolve the question, dispute or difference by discussion within 20 working days of notice of the relevant matter either party may, by written notice to the other party, require the matter to be determined by the arbitration of a single arbitrator. The arbitrator will be appointed by the parties, if the parties can within a further period of 10 working days agree on one, or otherwise will be appointed by the President or Vice-President for the time being of the Auckland branch of the New Zealand Law Society or the nominee of such President or Vice-President. The arbitration will be conducted as soon as possible at Auckland in accordance with the provisions of the arbitration statutes for the time being in force in New Zealand. All costs and expenses of the arbitrator will be borne equally by the parties unless the arbitrator decides otherwise.
5.4. Pending resolution of any question, dispute or difference, the parties will continue to perform their respective obligations pursuant to the provisions of the Agreement and these Special Terms and Conditions.