Terms and Conditions
By completing and filing this application you confirm that on this form your particulars are true. You understand that we may use the information that you have provided to us for purposes relating to the ongoing relationship between you and Easy Energy Limited (including debt recovery). You authorise us to use this information for these purposes and also disclose it to any referee who you nominate and also any credit reference agency we may approach. If you do not supply us with all the information which we request, we may be unable to adequately assess your financial standing and may decline this application. You have the right to request access to and correction of personal information which we hold about you.
I acknowledge that I have read Easy Energy Ltd’s Supply Agreement for Residential Energy, Hot, Cold and Waste Water Customers, have read and understood it and agree to be bound by its terms and conditions.
I/We promise to give due notice (in accordance with the supply agreement) to Easy Energy Ltd when vacating the apartment and understand that I/we will be liable for all charges for the supply of Energy, Hot, Cold and Waste Water, including any collection costs, if I/we fail to give such notice.
EASY ENERGY LTD
Energy, Hot, Cold and Waste Water
Supply Agreement for Residential Customer
(Terms and Conditions)
The terms set out on the following pages of this agreement will apply whenever we supply residential energy, hot, cold and waste water to you, except if we vary our terms with you in writing.
The use of the “EEL”, “us” or “we” means Easy Energy Limited, and this includes our employees, contractors and assignees. “BC” means the Body Corporate and “you” refers to the customer. A “Customer” is any party to whom we deliver energy, hot, cold and waste water, whether tenant, proprietor or duly authorised agent. The liability for payment of domestic energy, hot, cold, waste water supply will remain with that person.
The term of “supply of domestic energy, hot, cold and waste water” means “supply and delivery of domestic energy, hot, cold and waste water.”
The “BC Agreement” refers to the contract between EEL & the BC with agreed rates and “User Pays” contract conditions.
References to “transportation system” includes the energy and hot water pipes, valves, heat exchangers, pumps, boilers, meters, infinities and any other equipment involved in transporting energy, hot and cold water, up to and including the apartment isolation valves located at the outlet fittings within your residence.
References to a “meter” means the domestic energy, hot, cold and waste water services measurement device, along with any controls and wiring, which is used by EEL to record the quantity of domestic energy, hot, cold and waste water used within the unit in which you reside.
References to “your property”, “your premises”, “your unit” or “residence” include any property or premises at which we supply domestic energy, hot, cold and waste water to you.
Supply of energy and water
1. This agreement starts on the date you begin to use domestic energy, hot, cold and waste water supplied by us, or when we provide any other services requested by you or required for the supply domestic energy, hot, cold and waste water. You agree that you will buy domestic energy, hot, cold and waste water from us, and we agree to supply domestic energy, hot, cold and waste water to you, on the terms set out in this agreement and the BC Agreement.
2. Domestic energy, hot, cold and waste water services will be supplied and deliver to the domestic energy, hot, cold and waste water outlets within your unit, or to such other point or points as we may separately agree with you in writing.
3. We will use every reasonable effort to provide you with a safe and continuous supply of domestic energy, hot, cold and waste water services. However, we may interrupt or reduce supply:
(a) In order for maintenance to be carried out on the transportation system or in respect of any equipment belonging to any other person (including you) which we have agreed to maintain;
(b) In cases of emergency;
(c) If contaminated energy or water enters the transportation system;
(d) In cases where we are required to do so as a result of circumstances beyond our reasonable control (which may include circumstances where a third party upon whom we rely for the supply of energy, water and distribution services is unable to supply us);
We reserve the right to ration domestic energy, hot, cold, and waste water services volume among customers in whatever manner we think fit if there is an interruption of supply to us.
4. We will not be responsible to you in any of the circumstances outlined above. However, we will, where practicable, endeavour to forewarn you of any interruption or reduction in supply and endeavour to minimise its duration.
Responsibility for and ownership of residential energy, hot, cold and waste water equipment
5. We are responsible for the residential energy, water heating and water system including;
(a) The water meters and transportation of hot and cold water within the building until it reaches the point of use within your residence.
(b) The gas meters and transportation of gas until it reaches the outlet of the isolation valve at your residence.
6. The BC owns the energy, water heating and waste water system and water transportation pipe work up to each unit. EEL have provided, own and manage the energy, hot and cold water meters, wiring and billing systems. You own, and are responsible for the water, appliances, the gas and its transportation after it has passed into your residence.
7. EEL undertakes to maintain the services it provides to the BC property for the duration of the BC agreement.
Pipes and equipment
8. If we are required to carry out work on your property, we will try to keep any disturbance or inconvenience to you to a minimum, and we will reinstate your property to the best of our ability. Before we install, alter or repair any pipes or equipment, we will discuss the matter with you.
9. You must not cover, alter, or interfere with any pipes or equipment in your unit without seeking our consent as this may affect other persons using the system. Any alterations to the system without written permission will incur rectification at your cost.
10. If you request us to carry out any maintenance on your pipes and equipment, which is outside our contracted responsibility, you will be advised if there is any cost before proceeding. If so we will charge you at our normal rates which are available upon request.
11. You should help us ensure that all of your domestic energy, hot, cold and waste water transportation and fittings in your unit are properly maintained by notifying us as soon as is reasonably practicable of any occurrence which could adversely affect the transportation system. This may include signs of damage, gas & water leaks, or any other abnormalities in relation to the transportation systems of which you become aware.
12. We will charge you for domestic energy, hot, cold and waste water services supplies in accordance with our standard pricing tariffs agreed to in the BC Agreement. You agree to pay our charges in accordance with this agreement. We may change our tariffs in accordance with the BC Agreement. If we change our tariffs, we will notify you 14 days in advance in writing, delivered to your unit, with an explanation for the tariff change. You agree that you will pay any altered tariff with effect from the date of the increase notified. Please contact us for current prices and fees.
13. You agree to pay for domestic energy, hot, cold and waste water which we supply by the date specified in the bill. If you believe there is a mistake on your bill, you must tell us before the due date for payment. You must pay any undisputed amount before the due date for payment. We will investigate any queries which you have in relation to a bill as quickly as possible. If we find that a mistake has been made, we will refund the amount of the mistake by crediting your account. If we find that no mistake has been made, you must pay the full amount by the due date for payment. If this date has passed, you must pay this amount immediately. We have the right to require you to pay by Direct Debit from your bank account, and to sign any authorisation to permit that. We will contact you at the time we decide to invoke that right.
14. If you fail to pay any bill in circumstances other than where you believe there is a mistake, we may charge you interest on the unpaid amount at the rate of 1.5 times the current ANZ overdraft rate. If we incur costs in recovering any amount, we may also require you to pay our costs of collection. This may include external collection agency fees. We may also exercise any other rights that we have including registering you with international debt collecting agencies.
15. We may require you to provide us with a bond before we start supplying you with domestic energy hot, cold and waste water. You will be advised as to the amount of the bond required, as detailed on the attached fee schedule when you ask for a connection.
16. The Bond should be the equivalent of two months of your estimated average monthly invoice. EEL will provide 30 days’ notice of any change to the Bond amount should your invoice be higher than our estimated value. If you cancel this agreement, we will refund the bond to you but may deduct any outstanding amounts owed under this agreement. The balance will be credited to your nominated bank account.
Goods and services tax
17. In addition to amounts which we bill to you, you agree to pay goods and services tax and other applicable taxes and duties, which will be included and clearly shown within the bill.
Measurement of supplied energy and water
18. The energy, hot, cold and waste water supplied to you will be measured by the metering system located near your unit. In circumstances where the meter has not been read, an estimate of domestic energy, hot, cold and waste water based on your previous month’s consumption will be billed, however we will endeavour to read all meters monthly.
19. If, after the next reading of the meter, we find that our estimate or the reading was not accurate, we may adjust your bill. If we have overcharged you, we will credit the amount we have overcharged to your account immediately. If we have undercharged you, you agree to pay us the amount we have undercharged you if you are a current customer.
20. If a meter does not work, or a test shows that it is inaccurate, we will reasonably estimate the amount of energy and hot, cold and waste water supplied to you. If this estimate shows we have overcharged you in previous bills, we will credit this amount to your account immediately. If the estimate shows that we have undercharged you in previous bills, we will bill you for the amount undercharged and you agree to pay this amount by the due date for payment stated on the bill. However, we will not go back more than 6 months from the date we identified the problem to determine whether we have overcharged or undercharged you.
21. You must allow us reasonable access to maintain the pipes, meters or other equipment located in your unit, for testing, repair, replacement or to connect or disconnect the supply of domestic energy, hot, cold and waste water services. We will endeavour to inform you in advance of any visit.
22. Meter reading and routine maintenance will be during normal working hours. You agree that in the event of an emergency, we may enter your unit at any time after having attempted to contact you as per the address and contact details you have provided with this agreement.
23. You agree that you will advise us of any changes in your contact details to enable us to contact you in an emergency.
24. All of our staff and representatives who will enter your property will carry identification. If you have any doubts about anyone who claims to represent us, please call us immediately on our 24 hour contact number (0800 327 942).
Energy and water quality
25. The water we supply you will be no less in quality than the cold water supplied to the BC property by the Regional water supplier.
26. The gas we supply you will be no less a quality than the gas supplied in the national distribution network, in accordance with GANZ requirements.
27. We may disconnect your property from the domestic energy, hot, cold and waste water services transportation system:
(a) If you request us to do so;
(b) If you fail to meet your obligations under this agreement;
(c) If the transportation system or any pipes are damaged or there is an emergency;
(d) If we are required to do so in order to comply with legal requirements.
28. Except in an emergency, we will provide seven calendar days’ notification by letter to your unit of any intended disconnection. Depending on the circumstances of disconnection, we may need to impose reasonable conditions as a condition of any reconnection as detailed in the attached fee schedule. You agree to accept any such conditions.
Cancellation of this agreement
29. You may cancel this agreement by asking us to stop supplying domestic energy, hot, cold and waste water services to you. You must give us at least one month’s notice for your disconnection. A disconnection/final reading fee will be charged on your final invoice. If this agreement is cancelled by us, we will give you at least one month’s notice, except where we are cancelling as a result of your failure to comply with your obligation (in which case we will give seven calendar days’ notice).
30. If this agreement is cancelled you must still pay us for all domestic energy, hot, cold and waste water services which we provided to you before we stopped supplying domestic energy, hot, cold and waste water services. You must also pay any costs which we incur in disconnecting your property from the domestic energy, hot, cold and waste water services transportation system. You agree that after this agreement is cancelled we may still exercise any rights which we may have in relation to any amount you owe us.
31. If you subsequently wish us to start providing you with domestic energy, hot, cold and waste water services, you must first pay all amounts owed to us by you. We may also require you to pay our administration fee in accordance with our schedule of rates, together with any costs, which we incur in reconnecting your property to the domestic energy, hot, cold and waste water, services transportation system.
32. You agree to comply with all laws, which place duties on you for the use of domestic energy, hot, cold and waste water. This includes the Gas Act 1992 and the Gas Regulation 1993.
33. Unless you purchase domestic energy, hot, cold and waste water from EEL for the purposes of operating a business, nothing in the agreement prevents any rights or remedies that you have under the Consumers Guarantees Act 1993.
34. We will ensure we comply with all our obligations under all relevant Acts or Regulations, Regional water supplier and Regional City Council environmental requirements. This includes the Gas Act 1992, the Gas Regulation 1993 and the NZ Gas Code: AS/NZS 5601.1:2010.
35. You confirm you are 18 years of age or older and legally entitled to enter into this agreement with us. If you are a minor under the Minors Contract Act 1969, a parent or guardian must sign this agreement on your behalf.
Your rights to compensation from us
36. You agree that we will not be liable to you unless we are negligent or we breach the terms of this agreement.
37. If we are liable to you then we will only pay the direct loss which you suffered (and not any indirect or consequential loss of any description) and our maximum liability will be $10,000.00 for any one event or related series of events and $100,000.00 in any 12-month period. This limitation will only apply to the extent that we are allowed to limit our liability to you by law.
38. This limitation of liability will also apply to:
(a) Our employees, contractors, agents or any other person who is involved in the performance of our obligations under this agreement.
(b) Any other person who we allow to use the energy and water transportation systems.
39. You acknowledge that we are not responsible for any failure on our part to perform our obligations under this agreement where that failure is attributable to circumstances beyond our reasonable control, including and not limited to: An act of God, war, earthquake, fire, lightening, storm, or similar events.
40. You also acknowledge that we are not liable for the failure or inability of any third parties that supply energy or water network services and other related BC maintenance contractors, staff or representatives. In the case of energy and water network operators their liability is limited to the Contracts (Privity) Act 1982.
41. If you should suffer a loss as a result of a third party, you should contact your insurance company or lawyer. However if we are able to recover costs relating directly to the loss of energy and water to your unit as a consequence of any third party, we will pay this to you and any other customers affected.
Our rights to compensation from you
42. You agree that you will be liable to us if you are negligent or if you breach the terms of this agreement.
43. You also agree that you will indemnify us if you do, or fail to do something, which results in our incurring a cost or suffering a loss.
44. Any information we collect and hold about you is confidential, will only be used to assess your credit worthiness and debt collection, will otherwise remain with EEL and not be used for marketing purposes.
Relationship with third parties
45. Neither party shall assign this agreement unless both parties agree in writing to terms of any assignment.
Sending bills and notices
46. If we wish to contact you we will do so at the last address you have given us for this purpose. We may presume that you have received any written communication we send to you at this address three days after we send it. If these terms require you to give us notice of anything, you should send it to the address included for service with this agreement.
Entirety of agreement
47. This agreement, together with the Body Corporate Agreement and the schedule of rates, plus any other specific terms to which we agree in writing with you, encompasses the entirety of the terms agreed between us, and neither you nor we may seek to rely on any other terms.
48. If there is something with which you are not happy, please contact us. We will endeavour to resolve the problem as soon as possible, and will in any event provide you with a written response within 10 working days.
49. If we have been unable to resolve the problem over the telephone, and you are not satisfied with our written response, you should write to our Customer Service Team outlining the nature of the problem and why you are unsatisfied with our efforts to resolve it. We will forward this to our Manager.
50. Our Manager will either resolve the complaint with you or provide a written explanation within 10 working days from the date we receive your written complaint.
Suggestions and improvement
51. If you consider there is an improvement or addition to our services and processes we currently offer, or if this agreement is not clear to you please feel free to contact us.