- There are NO Long Term Contracts
- There are NO Joining Fees
- There are NO increases to your ecoANYTIME or ecoSAVER Energy Costs for 3 YEARS
- ecoWHOLESALE Energy Costs are passed on at cost plus small admin fees
- Network and Metering price increases only are Passed on at Cost each YearAll we ask is 30 days notice of any major changes to your account.
At Ecotricity it is our commitment to you that we will provide you only with competitively priced carbonzero Certified electricity sourced from non-thermal renewables including hydro, wind and solar.
Because we are independently carbonzero Certified by Enviro-Mark Solutions you can be assured your electricity is sourced from carbonzero Certified generation.
1. Supply of Electricity by ECOTRICITY
1.1 Your carboNZero Certified friendship (with benefits) with ECOTRICITY starts on the date we start supplying electricity to your uber sustainable Premises.
1.3 There may be more than one Pricing Schedule. If there is no Pricing Schedule attached or notified to you, then our standard pricing for customers of your type will apply. Our standard pricing will be fixed for one year unless otherwise specified, at which point it will be open to review.
1.4 All ECOTRICITY’s Residential agreements have no fixed terms. However, we require 30 days’ notice before cancelling your agreement with us or switching to another retailer. This 30 day notice requirement is applicable for customers who have been switched to ECOTRICITY for more than 10 calendar days. In the event that we do not receive a 30 day notice, or if you confirm you would like to switch out immediately, a break fee of $150 will apply.
1.5 These general terms are for the purchase or supply of renewable electricity from ECOTRICITY to you our most valued and carbon reducing customer for the term of the Agreement. There will be times, unfortunately, when we cannot get our most sought after renewable electricity to you but these times will be few and far between (for instance your local grid or national grid may be temporarily disconnected), and are the responsibility of the network so are outside of our control. However, if the grid goes down we offset your total electricity consumption over an annualized basis so it is still 100% carbonzero Certified Renewable. Further we over compensate for infrequent situations like this in our carbonzero audit by providing a 5 – 15% carbon offset buffer.
2.1 The quantity of electricity ECOTRICITY supplies to you is measured by an electronic Meter., If there is no appropriate Meter at the Premises, then we will arrange for the supply and installation of an industry approved Meter. Any costs for the meter upgrade will be passed to the account holder at costs. It costs $50 excluding GST to have an import/export meter upgraded to a smart import export meter provided there are no additional costs. For further information about these costs, please contact our metering team.
2.2 At Ecotricity, we prioritise the use of smart meters to support smarter and cheaper billing options for our customers.
Once a customer with a non-smart meter is switched, we will arrange for a meter upgrade at a one-off cost of $30 excluding GST for a regular smart meter or a one-off cost of $80 excluding GST for a smart import/export meter.
Customers who refuse these upgrades as a personal preference will be charged $10 per month for a certified manual meter reader. If a contractor confirms upon a site visit that there is a metering related issue* that is preventing the customer from getting the smart meter upgrade, there is a $5 monthly charge for certified manual meter reader.
*A metering related issue may include but is not limited to low tele-communication signal on site, old wiring, insufficient meter box space or asbestos meter board If the metering equipment at your site contains or is suspected to contain asbestos, the customer may incur an extra charge to cover the cost of additional materials and work to be completed. Turn downs due to incorrect information provided by the electrician. solar installer or customers will be passed at costs.
2.3 You must pay the Charges for all electricity supplied to your Premises by us, and any third party charges (which are passed through from those parties to us and on to you, and may change without advance notice). We will advise you of such changes as soon as reasonably practicable which may be by way of an explanation on your invoice, letter or email notification.
2.4 We will calculate the Charges based on an actual Meter reading or an estimate (based on previous consumption if known) of the amount you have consumed over the Billing Period. If we do not know how much electricity was actually supplied to you (for example because of a faulty Meter) then we may estimate the amount of electricity supplied and invoice accordingly.
2.5 ECOTRICITY does not arrange any analogue style meter installation. This includes circumstances in which, customer requests to revert to an analogue meter following a smart meter upgrade.
2.6 Please keep your meter safe. You must not interfere or tamper with the Meter or the immediate connections to it as this is extremely dangerous to do it but also because you may be criminally prosecuted for doing so (we prefer customers that are not in the clink). If you become aware of any interference with the Meter you must please notify us as soon as reasonably practicable.
2.7 Metering agents on behalf of ECOTRICITY will attempt to read the legacy Meter at the Premises no less than 6 times per year, provided we have access or daily for Time of Use meters. Time of Use meters will read remotely on a regular or daily basis.
2.8 If you think that the Meter is faulty, please notify us. Any testing done by the MEP/Contractor to find whether or not reads are accurate or inaccurate, charges incurred will be passed to the account holder at costs.
2.9 If we find that a Meter is producing inaccurate readings, we will inform the account holder and issue a correcting notice. Any adjustment to our record of your electricity usage will be reflected in subsequent invoices. If the adjustment results in us owing you money, it will be credited to your account. If the adjustment results in you owing us money, you will be required to pay the overdue amount that will be reflected on your next invoice.
2.10 If you add to, modify or replace any metering equipment on your Premises then we may require that the Meter is upgraded. All metering costs are passed to the account holder. If your meter cannot be reused, we will inform you if costs are involved and will be placed on your next invoice.
2.11 The Meter equipment provider has no liability (in respect of the supply of electricity) to you under this Agreement. This provision is for the benefit of and enforceable by the Meter Owner pursuant to the Contracts (Privity) Act 1982.
3. Customer Information and Privacy Terms
3.1 Under this Agreement we will collect, hold, use and disclose certain information about you only for the purpose of efficient supply of electricity. If you are an individual, the Privacy Act applies to that personal information. You authorise us to disclose such information to the Lines Company and Meter Owner for any purpose associated with this Agreement. You the customer must ensure that information is correct, complete and up-to-date.
3.2 ECOTRICITY will only collect, use and disclose personal information provided by you or electricity usage information for the purposes of this Agreement unless we have your consent or disclosure is required by law (including the Rules). The purposes of this Agreement include:
(i) to enable us to do necessary credit checks;(ii) to collect outstanding moneys;(iii) to provide you with information and offers from us;(iv) to share your electricity account information, including your payment history (whether that information is positive or negative), with third party credit agencies and their customers (which those agencies will do in accordance with the relevant privacy code);(v) when we are required to by law, or when we are requested to provide information by a government or regulatory department, agency or other entity;(vi) for training or testing purposes;(vii) when you authorise us to do so;(viii) when we share information with our related companies (as defined in the Companies Act 1993) for general business purposes.
3.3 As part of your application, ECOTRICITY accepts driver license number, passport number or 18+ card number.
3.4 We may disclose information about you or your account to the Electricity Authority for the purposes of the Electricity Authority assigning our rights and obligations under this Agreement to another electricity retailer as permitted by clause 15.3 and you agree to the Electricity Authority providing this information about you to another electricity retailer if required under the Code.
3.5 We may check the information or collect other information about you (and, if applicable, your directors, shareholders, etc.) from other organisations or people, such as credit agencies and the Lines Company, for the purpose of ECOTRICITY supply purposes only.
3.6 We may record our telephone conversations with you to assist us in performing this Agreement. If we do so, the recordings will be kept secure and may be retained for at least one year, after which they will be destroyed. While we hold them you may request access to them and we will grant you reasonable access. You can request a copy of all information held by us about you or your account, and may request that it is corrected if it is wrong. We will correct it (after investigation if necessary) if we find that it is incorrect.
3.7 If a member of the customer’s household is medically dependent, the customer must supply ECOTRICITY with a current Notice of Potential Medically Dependent Consumer (MDC) Status paperwork.
The Electricity Authority defines a medically dependent consumer as:
“a domestic consumer who is dependent on mains electricity for critical medical support, such that loss of electricity may result in loss of life or serious harm. For the avoidance of doubt, medical dependence on electricity could be for use of medical or electrical equipment needed to support the treatment regime”
ECOTRICITY requires a copy of a completed Notice of Potential MDC Status paperwork in order to update a customer’s account type to “medically dependent”.
Failure to supply this paperwork will mean the customer’s account type will remain as “standard”. The form can be downloaded from this link.
Sadly, we had quite a few instances of this Status being abused by non-medically dependent households. So we now require this paperwork as a matter of course… sorry to those that are genuinely medically dependent but hopefully this should be relatively straight forward for you.
If a “standard” customer account falls into arrears, ECOTRICITY may escalate a debt recovery process to the point of site disconnection.
It is therefore, the customer’s responsibility to ensure a copy of Notice of Potential MDC Status is supplied if the household falls under the medically dependent category.
If a “medically dependent” account falls into arrears, ECOTRICITY will contact the customer to review their price plan suitability and arrange a payment plan.
4. Interruptions to Supply (Faults)
4.1 If you experience problems with electricity supply you can telephone us at any time. We provide a 24-hour fault notification service. For Faults contact your local network company or ECOTRICITY on 09 309 8444, 8:30 – 5:30, 7 days a week.
4.2 We cannot guarantee that electricity supply will be continuous or fault free as it is reliant on third parties such as transmission and distribution providers. If there is a planned interruption to supply (for example for maintenance by the Lines Company) we will endeavour to provide at least three Business Days notice. Notice may be given by email, text messages or advertisement in the local newspaper or radio.
4.3 If there is an unplanned outage (for example for a dangerous situation) we will use reasonable endeavours to minimise inconvenience to you.
4.4 If your pricing option allows us or the Lines Company to control the supply of energy to your Equipment, we may temporarily suspend supply without notifying you under the terms of the supply agreement.
4.5 We are not liable to you for any failure to perform our obligations, to the extent that such failure is caused by a Force Majeure Event or third party. We will resume our obligations once the Force Majeure or third party event no longer prevents us doing so.
4.6 If a member of the household is medically dependent, please ensure alternative arrangements are made in preparation for planned and unplanned power outages.
5. Charges & Payment
5.1 Generally we will invoice you each month setting out the payment due (including GST).
5.2 If your electricity purchases are based on Spot market prices we may invoice you more frequently than once a month if we consider there are significant price changes in the electricity spot market that warrant this. If we do this, then all references to Billing Period and all monthly calculations will be adjusted accordingly. All billing will be based on Spot Final prices if available or Spot Interim prices if Spot Final prices are not available. We reserve the right to increase or decrease amounts owing where Spot Interim prices have been replaced with Finalised Spot prices after an invoice has been issued.
5.3 The Customer will pay each invoice in full by direct debit on the Due Date. You may not deduct or set off any amounts from the amount shown on the invoice.
5.4 If you dispute any invoice, then you must advise us before the Due Date with your reasons. You must pay any undisputed amount in full on the Due Date. We will not charge you default interest, or suspend your supply, while there is a genuinely disputed amount. Interest may be payable at the Default Interest Rate for overdue amounts once the dispute is resolved.
5.5 If an invoice dispute is resolved in your favour, we will credit your account. If an invoice dispute is resolved in our favour, we will add the amount to your next invoice or require you to pay any amount owed within 5 Business Days. If you fail to do so, that amount will be treated as overdue and interest will be payable at the Default Interest Rate and your electricity supply may be disconnected.
5.6 If any sums are not paid by the Due Date then you will be charged a late payment penalty of 15% on the outstanding amount. We may also use your bond, if applicable, to settle any amounts owing. We may disconnect or suspend the supply for unpaid invoices.
5.7 We may take action to recover any overdue amount. Any costs incurred in collecting money owed to us by you including bank fees, credit agency fees, legal expenses and court costs and default interest are payable by you.
5.8 Charges are exclusive of GST and any other taxes and levies (if any). You must pay GST and any other taxes and levies payable on the Charges, as shown in your invoice.
5.9 ECOTRICITY may require you to pay a bond to cover any money you may owe us. We may pay the balance of the bond (which may be by a credit on your account) if you have paid all invoices on time in full for a period of six continuous months. If this does not occur we will pay the balance of the bond back when we stop supplying electricity to you (after any money owing is deducted or paid to us).
5.10 While all care has been taken for quotations, ECOTRICITY accepts no liability for the accuracy of calculations as they are based on information provided to us by customers and / or third parties. If we find that you have been overcharged, then we will refund you for any overcharge (which may be by a credit against future invoices). If we find you have been undercharged, then we may invoice you for the amount undercharged (or add it to your next invoice). Where a legacy meter is recording customer consumption, but the customer has opted for Time of Use (variable) Price Plan, ECOTRICITY reserves the right to invoice at reasonable Anytime prices until such time as the meter has been upgraded to a communications capable smart meter.
5.11 ECOTRICITY passes on all Distributor Costs on at cost or average cost to the customer.
5.12 In the case where an existing customer decides to move out or purchase a new property will have the most relevant price plan assigned to that ICP, by default. The new pricing will become fixed for 3 years as at the date of move in. This date is determined and communicated to ECOTRICITY by the customer.
5.13 If you do not make any payment when due, in addition to any other remedies, ECOTRICITY may recover from you any costs, expenses or disbursements incurred by us in recovering money from you, including without limitation, debt collection agency fees and legal fees.
5.14 You authorise ECOTRICITY to pass personal information to Credit Reporting Agencies for the purpose of credit checking or in the event that you default on your payment obligations to ECOTRICITY. This information will be used by Credit Reporting Agencies to update and maintain credit information files and will be accessed by the customer of the credit reporting database.
5.15 You authorise ECOTRICITY to pass personal information to Dun & Bradstreet (New Zealand) Limited, PO Box 9589, Newmarket, Auckland in the event that you default on your payment obligations to ECOTRICITY. This information will be used by Dun & Bradstreet (New Zealand) Limited, PO Box 9589, Newmarket, Auckland to update and maintain credit information files and will be accessed by the customers of the credit reporting database.
5.16 As required under the Electricity Act ECOTRICITY is not permitted to offer Low User price plans to the following entities:
-“Bach” or “non-primary” residences
– Secondary ICPs on an already existing site
– Accounts not held by a person e.g. trusts and other organisations
5.17 Networks have final say on pricing and may refuse a transition based on your history. ECOTRICITY have the right to refuse pricing on these grounds.
5.18 ECOTRICITY requires 10 days prior notification if you are moving out of the property we are supplying power to.
a) ECOTRICITY will provide a final invoice for the site you have moved out of shortly after the move out date.
b) If we don’t receive notice of you moving out, ECOTRICITY will continue to charge you for the site until we receive notice you have moved out.In the event that ECOTRICITY does not receive a finalized move out date, we will issue a final invoice with a billing period for up to the day that we have been informed that you have moved out, or on the actual date of move out if we are informed by the new resident to that site.
5.19 The Low User pricing option is not available for residential sites in the Marlborough Lines that fall under price categories DT and DSNL. Further information regarding this exemption can be found in the Notice of Exemption here.
At ECOTRICITY, we do our best to provide the best experience for all our customers. However, as a small start up business, we can at times make mistakes or have issues within the business.
If you would like to share feedback with us or make a complaint, we advise you contact us immediately.
Our contact details are as follows:
Phone: 0800 845 000 or 09 308 9444
Email: [email protected]
Social media: https://www.facebook.com/EcotricityNZ/
Post: Freepost ECOTRICITY, PO Box 106 888, Customs Street East, Auckland 1143
Usually, our customer service team are able to resolve issues at the first instance. However, if issues persist, we will direct you to our customer relations manager. Our customer relations manager follows a clear process; they will investigate the issue through every avenue possible, will contact you with the progress we’ve made and provide you direct contact details, this way you’re dealing with the same person through the entire process.
If you are unhappy with the proposed solution, the complaints process or if the issue stretches further than 20 days, then you may refer your complaint to Utilities Disputes.
Utilities Disputes is a free and independent service for resolving complaints about utilities providers. You can reach Utilities Disputes on 0800 22 33 40 or go to www.utilitiesdisputes.co.nz.
7. Equipment & Safety
7.1 You must do the following (at your own cost) in respect of Equipment:(a) provide suitable space for the secure housing of any Equipment we decide is needed at the Property for your supply;(b) repair and maintain the Equipment on your Property if it is not owned or supplied by us;(c) ensure that any Equipment not owned by us complies with relevant electricity technical standards and codes of practice;(d) protect Equipment on your property from damage and unauthorised interference or removal, not encumber or use the Equipment as security in any way or to make the Equipment a fixture of Premises;(e) tell us about any damage to or interference with the Equipment as soon as you become aware of it. If Equipment on the your property is damaged or interfered with, we may charge you the estimated cost of any unmeasured supply, the cost of our investigation and the cost of repairing or replacing Equipment;(f) not (and not allow anyone else to) interfere with the supply of electricity to you or anyone else; take electricity illegally; without prior written approval connect any generation assets to the network or use electricity or Equipment unsafely. You must ensure that only qualified persons carry out any work on or affecting Equipment or electricity supply;
7.2 You must ensure that any trees and vegetation on your property are kept trimmed away from all power lines and other electrical equipment (including meter boxes).
7.3 There may be voltage fluctuations which could damage the Equipment or your property. It is your responsibility to install protective devices and to arrange insurance covering damage from such fluctuations or make other arrangements to secure supply and protect equipment. We are not responsible for damage caused to Equipment or appliances, including loss of data, arising from such fluctuations.
8. Access to Property
8.1 You must provide us with safe and unobstructed access to the Premises so that we can:(a) read the Meter;(b) install, inspect, work on, replace or remove Equipment;(c) investigate any actual or suspected damage to Equipment;(d) connect, reconnect or discontinue the electricity supply to you or third parties;(e) investigate the cause of any interference to electricity supply;(f) protect or prevent danger or damage to people or property;(g) as required for the purposes of this Agreement including compliance with any Lines Company request for access.
8.2 We will generally exercise this access during Normal Business Hours but you agree to allow access outside of Normal Business Hours if the matter is urgent. You may refuse access if we are not able to show proper identification on request.
8.3 If you do not ensure that we have safe and unobstructed access to your property or the Meters or fittings, or if we cannot reasonably access your property and/or read the Meter, we may charge you for any additional costs (including any callout fees) and your supply of electricity may be disconnected, interrupted or suspended. If you have an internal Meter, you must make a meter access arrangement with us to enable us to read and maintain the Meter. We agree to keep the key for such access safe and secure at all times.
9. Disconnection9.1 We may disconnect the electricity supply to your Premises if:(a) we need to protect health and safety or prevent damage to property;(b) you do not pay any money owing under this Agreement on time, or if you breach any other obligation under this Agreement. However before disconnecting you for breach, we will give you at least one week to fix the breach, if you do not fix it, a final warning will be given at least 24 hours before we disconnect you;(c) we reasonably believe that the Meter, lines or fittings on your property have been tampered with;(d) we cannot get access to your Premises and property for the purposes of this Agreement for more than three months;(e) you have asked for your supply to be disconnected;(f) this Agreement ends and is not replaced by any subsequent agreement; or(g) the Lines Company requires the supply to be disconnected under its agreement with you or with us.
9.2 If we disconnect your electricity supply, you are still responsible for paying any outstanding debts or other sums as they become due (including costs incurred after disconnection).
9.3 If your electricity supply has been disconnected as above and you want to be reconnected, we may require you to:(a) pay all outstanding debts;(b) pay a bond;(c) pay a reconnection fee (see Non Standard Fees); and/or(d) agree to adjusted charges and terms.If you comply, we will reconnect you promptly.
10.1 First the Good News – ECOTRICITY does not require you to commit to a rather unruly and unnecessary 2 or 3 year contract. Reason being, we have the highest loyalty rate in the New Zealand electricity market (as at 11th May 2017).
ECOTRICITY will not increase energy prices for up to three years unless a term is expressly specified or on ecoWHOLESALE and Low User WHOLESALE, as these price plans are linked to the wholesale market and vary each half hour.
Network prices are however passed on to the customer at cost, sadly we have no control over the network pricing managers who are ….. a bit trigger happy with network price increases.
Under the Customer Specific Terms however, the customer must give:
(a) Give 30 days notice (applicable if you have been switched to ECOTRICITY for over 10 calendar days) if you do not wish to pay $150 break fee;
(b) When switching to another retailer. You will need to arrange supply with that retailer and we will switch you according to industry protocols. This Agreement remains in force until the switch is completed.
(c) We require at least 5 Business Days notice for disconnection of electricity supply to your premises.
(d) If ECOTRICITY is not notified of your move out within 10 business days then you may be charged for any consumption used until the day we are notified of the move out date.
10.2 ECOTRICITTY may terminate this Agreement:(a) Immediately if our agreement (or, if you have a direct agreement, then your agreement) with the Distributor is terminated and not renewed;(b) 24 hours after a final warning to you if you breach this Agreement;(c) by giving you one months written notice. If we exercise this right, you will use all reasonable endeavours to find an alternative retailer and arrange to switch to that retailer before the expiry of the notice period.
10.3 Following termination we will provide a final invoice to your address (unless you notify us of a new forwarding address).
10.4 Clauses of this Agreement that are intended to survive termination shall survive termination, including clause 5 (payment), clause 12 (confidentiality) and clause 14 (liability).
10.5 Where a fixed term contract has been agreed a break fee may apply as per the Non-standard fees.
11. Distributor (Local Lines Company) requirements
11.1 We do not own the lines network through which electricity is delivered to you. Distributors (Local Lines Companies) own and are responsible for the network.
11.2 You may have an agreement directly with the Distributor for network services, in which case you must comply with that agreement. In most instances, however, we have an agreement with the Distributor to provide network services to you. In that case, you:(a) must comply with the Distributor network connection standards (available from your Lines Company);(b) must provide suitable, safe and secure space for any Distributor Equipment required;(c) acknowledge that the Distributor has no liability to you in relation to the supply of electricity;(d) must not connect, disconnect or modify any Equipment to or from the network;(e) grant the Distributor safe and unobstructed access to the Premises and facilities as reasonably required by the Lines Company; and(f) comply with any other terms imposed by the Distributor to enable us to supply electricity to you.
11.3 You acknowledge that the Distributor may interrupt supply or reduce the conveyance of electricity to you:(a) to enable it to inspect, maintain or make alterations to the network;(b) to avoid danger to persons or property or avoid interference with the conveyance of electricity;(c) to preserve and protect the proper working of the network or the transmission network;(d) in carrying out load management;(e) for any other purpose which in the Distributor reasonably held opinion is required by good industry practice.
11.4 If you do not have your own agreement directly with the lines company (or if they have appointed us as their agent for collection), we will charge you for the network services provided by the Distributor. This amount is set by the Distributor.
11.5 The terms and conditions included in this Agreement in relation to the Distributor and/or the network are for the benefit of and enforceable by the Distributor, its directors, employees, and authorised agents pursuant to the Contracts (Privity) Act 1982.
11.6 ECOTRICITY passes on all Distributor Costs on at cost or average cost to the customer.
12.1 Each party will at all times keep confidential any Customer Specific Terms and Pricing (including pricing as notified to you) except where disclosure is required for the performance of this Agreement or is expressly permitted under this Agreement, or by law, or with the other party’s consent or the information is in the public domain (not through breach of this Agreement). This clause survives termination of this Agreement.
13.1 We can change any term of this Agreement. If we want to change any term (except the Charges) we will notify you of the proposed changes, with reasons, either directly or by advertising or placing a notice in the local newspaper. You will have the opportunity to comment on the proposed changes. If we decide to make the changes (which may be amended based on your or other comments) we will give you 20 Business Days notice of such changes.
13.2 We may amend our Distribution Network Charges at any time if the Network Distributors change their prices to us, provided that we give you at least 20 Business Days notice of the change and provide reasons for the change. Similarly we may amend our Energy Charges provided that we give you at least 20 Business Days notice of the change and provide reasons for the change except in the case whereby we have provided a Fixed Term Contract Price (referred to as Energy Price Freeze), no Energy price changes will be made by ECOTRICITY.
14. Indemnity & Limitation of Liability
14.1 You indemnify us for all costs, losses, claims, damages and against all proceedings and demands incurred:(a) in recovering amounts owed by you under this Agreement; and(b) as a direct or indirect result of your negligence or breach of this Agreement.
14.2 If we cause physical damage to your property by breaching this Agreement or through our negligence, and the loss or damage was reasonably foreseeable, we will either pay for the loss or damage, or repair or replace the property (at our discretion), up to a maximum of $10,000 for any single event or series of related events. To the extent permitted by law, we will not be liable to you for any other loss or damage (whether due to negligence, breach or otherwise). In particular we will not be liable for any indirect or consequential losses, loss of profits or the like.
14.3 You acknowledge that if you are acquiring electricity from us for business purposes, then any rights or remedies you may otherwise have under the Consumer Guarantees Act 1993 are excluded to the maximum extent permitted by law.
15. Assignment & Transfer
15.1 You cannot assign or transfer your rights and/or obligations under this Agreement to any person without our prior written consent, such consent not to be unreasonably withheld.
15.2 We may at any time transfer or assign all or any of our rights and obligations under this Agreement. We will notify you if we do this as soon as reasonably practicable.
15.3 You agree that, if we commit an Event of Default, the Electricity Authority may assign our rights and obligations under this Agreement to another electricity retailer (“Recipient Retailer”). The terms of this Agreement on assignment under this clause will be amended to:
(a) the standard terms that the Recipient Retailer would normally have offered you immediately before the Event of Default occurred; or(b) such other terms that are more advantageous to you than the Recipient Retailer’s standard terms, as the Recipient Retailer and the Electricity Authority agree; and(c) include a minimum term in respect of which you must pay an amount for cancelling the Agreement before the expiry of the minimum term.
15.4 We may sub-contract or delegate the performance of any of our obligations under this Agreement.
16. Further Clauses
16.1 No waiver of any breach or failure to enforce any rights by either party will prevent or limit that partyís right to enforce this Agreement.
16.2 If any provision of this Agreement is held by a Court to be invalid, void, illegal or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect and be construed so as to best effect the intention of the parties.
16.3 Clauses 3.3 and 15.3 confer a benefit on, and are intended to be enforceable by, the Electricity Authority for the purposes of the Contracts (Privity) Act 1982. The parties cannot amend or discharge the benefit of clauses 3.3 and 15.3 without the consent of the Electricity Authority.
17. Notices & Communication
17.1 If you need to give notice to us under this Agreement, you must do so in writing by:(a) Post to: ECOTRICITY PO Box 106 888 Auckland 1143
(b) By email: [email protected].
17.2 If you want to contact us (other than by notice required under this Agreement) you may write, email or telephone 09 309 8444.
17.3 If we send a notice to your mailing address (as recorded in the Customer Specific Terms or otherwise advised to us) then that notice will be deemed to have been received by you three Business Days after being posted.
18. Definitions and Interpretation
18.1 Words in this Agreement have the meaning set out below, unless specified otherwise:
Billing Period means, in relation to an invoice, the previous calendar month.
- Business Day means any day except a weekend or a public holiday.
- Charges means the Charges set out in the Pricing Schedule (plus any third party charges that are not specified in the Pricing Schedule but passed through). If there is no Pricing Schedule or if it has expired, then our standard charges will apply.
- Code means the Electricity Industry Participation Code 2010, as amended from time to time;
- Default Interest Rate means the rate of 5% above the 90 day bank bill mid rate as quoted on the Reuters BKBM screen on the Due Date;
- Due Date means 10 Business Days from the date on the invoice.
- Equipment means meters, transformers, switches, relays, fuses and wiring used to supply you with electricity.
- Event of Default has the meaning given to it in clause 14.55 of the Code.
- Force Majeure Event means an event or circumstance that is beyond our reasonable control, and which prevents the substantial performance of our obligations under this Agreement. It includes floods, earthquakes or other Acts of God, civil commotion, malicious damage, industrial action, significant grid or network or generator failure, motor vehicle and other accidents and acts or omissions of you, the Lines Company or Meter Owner (if that is not us) and any defect or abnormal condition in the Premises;
- Distributor means the owner of the local lines network to which your property is connected.
- Meter means a meter and associated equipment used for the measurement, storage and/or communication of electricity usage information, and may include load and meter control devices.
- Meter Owner means the person that owns the Meter situated on your Premises.
- Normal Business Hours means between 8.30am and 5pm on a Business Day.
- Point of Connection or ICP means the point or points at which your Premises connect to a circuit breaker, switch, fuse or other isolating device on the Lines Companyís network.
- Premises means your premises to which electricity is supplied (or intended to be supplied). This may be specified in the Customer Specific Terms.We, us or our means ECOTRICITY Limited and includes its officers, employees and (when acting on our behalf or with authority from us): its, contractors or agents, the Lines Company, the Meter Owner, the Meter Reader and any of their employees, contractors or agents.
You means you, the Customer.
18.2 References to parties are references to the Customer and ECOTRICITY together with their successors and permitted assigns. References to a statute or regulation means reference to that statute or regulation as amended or replaced. The singular includes the plural and vice versa.
Thank you for supporting Ecotricity, New Zealands only carbonzero certified electricity provider (as at July 2015). We’re 50% community owned, 100% Kiwi owned and 100% of our vehicle fleet is electric.