Effective from 1 December 2017
1. YOUR AGREEMENT WITH US
1.1 These Terms and Conditions of energy supply govern the supply of energy and energy related services to our customers. The Terms and Conditions detail our responsibilities as a supplier and your responsibilities as a customer. Becoming a Power Direct customer means that you agree to the Terms and Conditions.
1.2 Where there are capitalised terms in these Terms and Conditions, it means that they have a particular meaning, which is set out at the end of the Terms and Conditions.
1.3 These Terms and Conditions are legally binding on you from the date you submit an application to become our customer, or from the date you first receive and use energy services supplied by us, whichever is earlier. Where you apply to join us before using energy supplied by us, we will commence supplying energy to you as soon as possible following our acceptance of your application. If you have moved to new premises, you will be required to pay for the energy supplied to the premises from the date you move in, and you will still need to contact us to become a customer. We may also charge you a disconnection fee and any other costs we incur as a result of you consuming energy at the premises.
1.4 In addition to these Terms and Conditions, our Agreement with you also includes your pricing schedules, any terms and conditions relating to specific energy related services, any payment options, and additional terms and conditions that we have agreed on in writing. Altogether, these form the Agreement between us.
1.5 We may make amendments to this Agreement from time to time. If, at any point during the period you receive energy from us, you are unsure as to which terms apply, you can obtain the most recent version by contacting us. For more information on amendments to these terms, refer to the section of these terms titled "Changes to this Agreement".
1.6 If you wish to contact us, please use the following details:
0800 GO DIRECT (0800 463 473)
Private Bag 13
Level 1, Perpetual Guardian House
241 Hardy Street
1.7 We will try to respond to any written enquiries as soon as reasonably possible. Depending on levels of customer enquiries at the time we receive your enquiry, we expect to respond to your enquiry within two Business Days.
2. NEW CUSTOMERS
2.1 You can become a Power Direct customer by completing our customer application form online. We may require you to pay a bond.
2.2 Once you have submitted your application, we will process it and inform you whether your application has been successful. We may decline your application for any reason, including if you fail to meet our credit criteria, if you provide us with insufficient information to process your application, or if we are unable to supply energy to your premises due to meter compatibility issues.
2.3 In addition, we may impose further terms and conditions as we consider necessary for each application. Any further terms and conditions imposed on you will be notified to you by email.
2.4 If you have more than one customer on the account for your premises, we may consider you to be joint customers. With joint customers, the Agreement will apply to each person jointly and severally.
2.5 Once we accept your application and you become a Power Direct customer, we will endeavour to supply energy to you as soon as possible, or otherwise at a time agreed between us.
3. INFORMATION AND PRIVACY
3.1 You need to make sure that the information you provide to us is accurate and up to date, and if your circumstances or any details you have provided to us change, inform us of those changes as soon as possible.
3.2 From time to time, we may request information from third parties about you and the provision of energy services to you. We may obtain this information prior to you becoming a Power Direct customer or at any time during our provision of energy to you. This may include historic meter reading information, credit checks or information obtained by reporting agencies and government agencies.
(a) where you can get information about how we collect, store, use, disclose and match personal information; and
(b) how we comply with our obligations under the Privacy Act 1993.
3.4 You will be able to access personal information we hold about you and if any information is incorrect, we will correct it at your request. At any time you may request to obtain the information we hold about you, and inform us of any corrections that need to be made.
3.5 Any communications we have with you are recorded for the purposes of maintaining accurate records about our customers and may be used for training purposes.
4. MOVING HOUSE
4.1 You must give us at least three Business Days' notice that you are moving out of your premises. Once you have notified us, we will complete a final meter reading and prepare a final invoice. Where you do not provide at least three Business Days' notice, we may seek to recover from you any costs associated with your energy usage during this minimum notice period, and any additional costs incurred by us as a result of you not providing us with this notice.
4.2 If you wish, we can continue to supply energy to you at your new premises, in which case, this Agreement will continue to apply. When you move into your new premises, we will use the existing supplier's final meter reading at your new premises as the initial meter reading at your new premises. This final meter reading may be based on an actual or estimated meter reading.
4.3 If the energy supply at your new premises requires reconnection, we are able to arrange reconnection for you for a fee or, alternatively, you can arrange reconnection with the previous supplier of the premises.
5. TRANSFERRING OUR RIGHTS AND RESPONSIBILITIES
5.1 We may transfer our rights and obligations to you under this Agreement to someone else at any time. If this happens, we will advise you of the entity that we transfer the Agreement to, the contact information for that entity, and when the transfer will occur.
5.2 If we commit an “event of default” (as that term is defined in the Electricity Industry Participation Code 2010 (as amended from time to time)), the Electricity Authority (or its successors or replacements) may assign our rights and obligations under this Agreement to another energy supplier. The terms of this Agreement may be amended upon assignment to that energy supplier to:
(a) the standard terms the energy supplier would have offered to you immediately before the event of default; or
(b) such other terms that are more advantageous to you than the standard terms as the energy supplier 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.
5.3 To facilitate this process, we may be required to pass information about you to the Electricity Authority, who may pass it on to another energy supplier. This clause is for the benefit of the Electricity Authority for the purposes of the Contract and Commercial Law Act 2017.
6. MEDICALLY DEPENDENT CONSUMERS
6.1 If you believe that you or someone living with you is a medically dependent consumer or a vulnerable consumer, you can notify us of this at any time (including, where necessary, by providing a Notice of Potential Medically Dependent Consumer Status Form obtained from your healthcare provider). You have an ongoing responsibility as our customer to keep us informed of any changes to such circumstances. Such information may be relevant to any decision we make regarding your energy supply.
6.2 We will comply with the Electricity Authority's guidelines for medically dependent consumers found here at https://www.ea.govt.nz/operations.
6.3 If we confirm that you are a vulnerable consumer, we will also comply with the Electricity Authority's guidelines for vulnerable consumers found here at https://www.ea.govt.nz/operations.
6.4 If we form an honest belief that you are a vulnerable or medically dependent customer, you authorise us to consult with appropriate government authorities or agencies, private health providers or any other social agency or service provider as necessary. If, after we have informed you of the opportunity to notify us that you are a vulnerable or medically dependent customer, you have not told us, or it does not appear to us, that you are a vulnerable or medically dependent customer, we will assume that you are not a vulnerable or medically dependent customer.
7. OUR OBLIGATIONS TO YOU
7.1 As a Power Direct customer, we will supply you with energy and energy related services in accordance with this Agreement, applicable laws, regulations, good industry practice in New Zealand, and any relevant industry protocols and codes of practice. We will comply with all applicable legal and/or industry requirements relating to energy supply and metering.
7.2 We may install, maintain, alter, or replace any energy supply equipment on your premises at any time, and you must pay the costs relating to this.
7.3 If you do not own the premises that we are supplying energy to, we will require the owner's permission before we can make any changes to the energy supply equipment on your premises.
7.4 We are not required to carry out our responsibilities if an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities. Some examples are:
(a) our website or mobile application is unavailable;
(b) our arrangements with a provider of energy supply equipment have been suspended or ended;
(c) our arrangements with a network operator have been suspended or ended; or
(d) a network operator cannot supply energy to the premises.
We will continue to perform our responsibilities that are not affected by any such event, and will endeavour to do everything we can to resume your energy supply as soon as reasonably practicable.
8. PROTECTING YOUR ENERGY SUPPLY EQUIPMENT
8.1 You are responsible for any events that occur at your premises regarding energy supply, and you must protect your energy supply equipment against interference, damage, loss, destruction, seizure and unauthorised tampering.
8.2 It is your responsibility to ensure that all energy supply equipment, Metering equipment and appliances installed at your premises comply with all legal requirements, industry standards and regulations, and any installation, alteration or maintenance is done by a qualified person.
8.3 We have the right to cease the supply of energy to you if we are not satisfied that your energy supply equipment, meters and appliances are compliant with all applicable legal requirements, industry standards and regulations.
8.4 You must provide us with at least five Business Days' notice, if the energy supply equipment at your premises may be affected by any work undertaken on your premises.
8.5 You must notify us as soon as you become aware of any damage, fault, leakage or impairment to your energy supply equipment. Upon notification of any issues with your energy supply equipment, we may suspend your energy supply, or repair or replace any of the energy supply equipment as we see fit. Prior to commencing work on your energy supply equipment, we will advise you of the cost.
8.6 You are responsible for protecting your own equipment, so we recommend that you install adequate surge protection devices to your energy supply equipment to protect sensitive appliances from planned or unplanned interruptions and consider arranging suitable insurance which covers damage from energy fluctuations.
9. LOCATION OF ENERGY SUPPLY EQUIPMENT
9.1 It is your responsibility to provide a safe, secure and accessible location on your premises for the energy supply equipment. You must maintain the safety, security and accessibility of the location of the energy supply equipment at all times.
9.2 If the location of the energy supply equipment is not secure, safe and accessible, you must provide us with an alternative suitable location at your own cost.
9.3 You must clear any vegetation, trees or other obstacles that are in the way of the network and energy supply equipment. Your rights and obligations to keep the lines clear from such obstructions are found in the Electricity (Hazards from Trees) Regulations 2003. If you fail to clear any obstructions, the network operator or we may enter your premises to remove such obstructions.
10. CHANGES IN YOUR ENERGY USE
10.1 You must keep us informed of any anticipated changes that will result in substantial increases to your energy usage. Such increased energy uses may exceed the capacity of your existing energy supply equipment and you may require an upgrade.
11. UNPLANNED SUPPLY INTERRUPTIONS
11.1 Although we will use our best endeavours to provide a continuous supply of energy to you, your energy supply may at times be subject to interruption. This includes in the following situations:
(a) natural events including but not limited to fire, earthquake, lightning, hurricane;
(b) industrial activity and construction;
(d) network issues, including any local network outages or faults;
(e) if we consider an interruption is necessary to avoid damage to the network and to ensure the safety and security of energy supply to our customers; and
(f) if required by law.
11.2 You will not be given any notice of interruption in urgent unforeseeable circumstances. However, we will endeavour to restore your energy supply as soon as it is reasonably practicable.
11.3 We will not be able to give you prior notice of any unplanned outages. We will liaise with the network operator and endeavour to assist with the restoration of your supply as soon as reasonably practicable after any unplanned outage.
11.4 If we have, or are likely to have, a receiver, liquidator, administrator, or similar officer appointed over us, or any of our assets, we will take all reasonable steps to ensure that you receive continuity of your energy supply.
12. PLANNED SUPPLY INTERRUPTION
12.1 We may need to interrupt your supply of energy in the course of inspecting, maintaining, repairing or upgrading the energy supply equipment at any time, and as we see necessary (or as required by the network operator).
12.2 Where an outage to your energy supply is planned, the network operator or we will provide you with at least four Business Days' notice of the interruption (unless otherwise agreed with you, or where an interruption is urgently required and was not reasonably foreseeable, in which case we will give you as much notice as possible). You can find out more information about planned interruptions by contacting our customer services team. We will use our best endeavours to restore your energy supply as soon as possible after a planned interruption.
12.3 You can find out more information about any planned or unplanned interruptions on our website or by calling our customer helpline.
13. WHAT SHOULD I DO IF THERE IS A FAULT?
13.1 If you need to report an interruption to your energy supply or access information about a supply interruption, you can contact the network operator by calling the faults number supplied on your invoice (contact details also available here: https://powerdirect.co.nz/faults-and-outages/) If you are unable to do this, you can contact us on 0800 463 473. Information about a supply interruption will be updated regularly in accordance with good industry practice in New Zealand.
13.2 All network faults are controlled and eliminated by network company contractors. Power Direct will endeavour to obtain regular updates on any fault status which will be available by phoning 0800 463 473.
14. METERS AND READINGS
14.1 In order to supply you with energy, we need to ensure there is a smart meter at your premises. It is your responsibility to inform us of all meters at your premises used for the supply of energy to you.
14.2 We will calculate how much energy we supply to your premises by remotely reading the meter on a regular basis or, if we are unable to read your meter for whatever reason, we will send you an invoice based on an estimate of energy supplied and correct that estimate when actual data becomes available.
14.3 You agree that we own all data collected by the meters and, that we may use such data for the purposes of supplying energy to you, administering your account and all other matters incidental to this.
14.4 If you think that the meter is not correctly recording the amount of energy that you are supplied, you need to tell us so we can test it. If an inspection of the meter reveals it is faulty or inaccurate, we will replace or repair it and debit or credit your account to the value of the error in its previous readings for which you have been invoiced.
14.5 You must not tamper with the meter. If you suspect the meter has been tampered with, you must report this to us immediately. If you cause or allow someone to tamper with the meter and it causes loss or damage to us, we may require you to pay an amount equal to the costs we incur in investigating the damage, any costs of repairing or replacing the affected Metering equipment and the amount of loss suffered by us. Additionally we may disconnect or suspend the supply of energy to you.
14.6 Your smart meter is designed to remotely communicate your half-hour consumption information to us. Due to the nature of our business, this half-hour consumption information is crucial to our ability to service you as our customer. Your meter requires sufficient cellular signal strength so it can connect to the central database. Should your meter have or come to have insufficient signal strength that does not resolve itself within five days:
(a) we will initiate an investigation and contact you to discuss possible causes;
(b) we may need to visit your premises to determine the cause of the communication issue. If we determine that you have knowingly contributed in any way to the reduction in signal strength, you will be charged for this site visit, and any subsequent visits required to attempt to resolve this issue;
(c) if we are unable to reasonably resolve the issue we will be unable to continue to service you as a customer, and you will be required to switch to another supplier in accordance with clause 18.1 (and we then terminate this Agreement).
14.7 Due to the nature of our business, we are unable to supply energy to you if you have any unmetered supply connected to your premises. If you are already our customer, and introduce unmetered supply to your premises, or are found to have unmetered supply to your premises, you will be immediately required to switch to another energy supplier in accordance with clause 18.1 (and we then terminate this Agreement).
15. ACCESS TO YOUR PREMISES
15.1 You agree to provide us and the network operator access to your premises so that we can:
(a) read the meter;
(b) connect, disconnect, restrict or limit your energy supply;
(c) install, replace, repair, upgrade or downgrade your energy supply equipment;
(d) routinely inspect and test your energy supply equipment;
(e) investigate and remedy any issues relating to your energy supply and energy related services; and
(f) enforce this Agreement and comply with the law.
15.2 We will ensure that all of our employees, agents or other person accessing your premises on our behalf will:
(a) identify themselves to you and, if requested, provide you with appropriate identification;
(b) act courteously, considerately, and professionally at all times;
(c) with your permission, store any keys or codes to your premises in locked compartments only accessible by authorised employees; and
(d) comply with your reasonable requirements and take reasonable steps to minimise direct impacts on the property or inconvenience to you in relation to such access.
15.3 We will only use keys and security codes provided by you to fulfil our rights and obligations under this Agreement.
15.4 You must provide our representatives with safe and unobstructed access to your premises. It is your responsibility to keep your premises safe and free of hazards, inform us of any health and safety issues associated with the premises and, if your premises are business premises, provide any necessary health and safety equipment to ensure the safety of our representatives on your premises.
15.5 Unless agreed otherwise, we will access your premises during the following times Monday to Friday 8:30am to 5:00pm.
15.6 Before we access your premises, we will notify you of when our representatives intend to access your premises and the reasons why. We will not notify you for routine matters such as meter reading or testing, or when we require access in emergencies.
15.7 Except in routine situations (for example, when reading meters located on the outside of buildings) or emergency situations, we will give you advanced written notice of the time we will be accessing your residence and the reason why we need such access. Where we, or our contractor, need to access your property to undertake construction, upgrade, repair or maintenance work, we will give you at least 10 Business Days’ notice (unless another time is agreed between us). Where we, or our contractor, need to access your property to inspect or operate any equipment used in, or in connection with, the generation, conversion, transformation or conveyance of electricity, we will provide you with a reasonable amount of notice.
16.1 To ensure the safety of you and those around you:
(a) dial 111 in the event of an emergency;
(b) call us immediately on 0800 463 473 if you think there is a possibility that our energy supply could endanger people or property;
(c) only permit qualified people to undertake work on your energy supply equipment or appliances on your behalf; and
(d) contact us before performing any construction, remodelling, demolition or removal of any buildings on your premises that may be connected to any energy supply equipment.
17. CHANGES TO THIS AGREEMENT
17.1 We may make amendments to this Agreement (including, for the avoidance of doubt, any payment options, fees or charges), from time to time.
17.2 We will notify you of any amendments to this Agreement and the reason(s) for such amendments. Unless otherwise stated in this Agreement, such changes will only take effect after providing you with 30 days' prior notice.
17.3 We may notify you of such amendments by any of the following methods:
(a) putting a notice on our website;
(b) putting a notice in our customer newsletter; or
(c) sending you a letter or email.
17.4 We will communicate any amendments to this Agreement to you personally by letter or email if we believe that any amendment will have a material impact on the Agreement as it applies to you, or if the fees or charges we charge are increasing by more than 5 percent.
18. YOUR RIGHTS TO DISCONNECTION AND SWITCHING
18.1 You must provide us with at least three Business Days' notice if you wish to temporarily or permanently disconnect your energy supply from us (including where you wish to switch from us to a different energy supplier).
18.2 You will be liable to pay for our supply of energy and all energy related services until your supply is disconnected or discontinued. If you do not provide us with notice to disconnect or discontinue your supply, you will continue to be liable for the fees and costs for your account until your premises is disconnected from our network.
18.3 Once you have notified us, we require at least three Business Days to arrange a final meter reading and generate a final invoice for payment by you.
19. DISCONNECTING, RESTRICTING OR LIMITING YOUR ENERGY SUPPLY
19.1 We may disconnect, limit or restrict your energy supply and all energy supply related services for the following reasons:
(a) in order to protect the safety of people or premises;
(b) because you or anyone you have allowed onto the premises have tampered with or damaged the energy supply equipment;
(c) there is evidence of energy theft;
(d) the energy supply equipment on your premises does not comply with legal requirements;
(e) you have not provided us with safe and unobstructed access to your premises;
(f) you have threatened or intimidated any of our representatives;
(g) you have unpaid invoices outstanding on your account (which are not subject to dispute resolution proceedings);
(h) you have not met your responsibilities regarding the energy supply equipment; or
(i) you have materially or persistently breached this Agreement and, if the breach is capable of being remedied, we have given you notice of the need to remedy the breach in order to avoid disconnection, and you have not remedied that breach within 10 working days after we have given you that notice.
19.2 We will only disconnect your supply for non-payment of an invoice based on an estimate if it is fair and reasonable in the circumstances to do so. Where we disconnect you (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.
19.3 If your energy supply or energy related services are disconnected, limited or restricted, you are still liable to pay the amounts outstanding on your account, which may include disconnection fees.
19.4 Other than when you request the disconnection, or when there is an emergency disconnection, we will give you at least seven Business Days' written notice of the disconnection, restriction or limitation, and we will issue you an additional warning 24 hours prior to any disconnection, restriction or limitation.
19.5 Any notice we provide in relation to a proposed disconnection, restriction or limitation will include the following information:
(a) the address of the premises that the disconnection, restriction or limitation applies to;
(b) how to avoid disconnection, restriction or limitation and the time within such steps must be taken;
(c) when we will disconnect, restrict or limit your energy supply and energy related services;
(d) the amount of any unpaid invoices and fees under your account, which will be in addition to any further fees incurred as a result of the disconnection, restriction or limitation or your energy supply; and
(e) our complaints policy and dispute resolution process.
20. GETTING RECONNECTED OR REMOVING A RESTRICTION OR LIMITATION ON YOUR ENERGY SUPPLY
20.1 You may have your energy supply reconnected or any limitation or restriction removed by:
(a) giving us notice that you wish to have your supply reconnected or any restrictions and limitations removed;
(b) paying the total amount outstanding on your account in addition to any fees incurred by disconnection, restriction or limitation, and any charges that have accumulated on your account since the energy supply was disconnected, restricted or limited;
(c) complying with any steps we have required from you to remedy any breaches of this Agreement; and
(d) agreeing to any additional terms and conditions that we consider necessary, including paying a bond or an increased bond.
20.2 Once we are satisfied that these conditions are met, we will endeavour to reconnect, or remove any limitation or restriction on your energy supply as soon as practicable. You may be charged a fee for any such reconnection.
21. PAYING A BOND
21.1 We may require you to pay a bond in any of the following circumstances:
(a) where we have reasonable grounds to be concerned about your ability to pay our invoices as they become due;
(b) where you are unable to establish a satisfactory credit record; and
(c) where you have had your supply disconnected, restricted or limited previously as a result of non-payment or a breach by you.
21.2 We will provide you written notice detailing the amount of the bond, when the bond must be paid by and why we require it from you. The amount of the bond will not exceed $100 and you will have 14 days to lodge your bond with us. The bond will be held in a separate account and will not accrue interest.
21.3 We may use the bond at any time to repay any amounts you may owe to us, and as a result, we may require you to lodge another bond.
21.4 We will repay your bond if you have met all the obligations under your account for a period of 12 months, or if you cease to be our customer, we will refund your bond within one month if all outstanding amounts under your account have been paid
21.5 We will repay any unused portion of your bond by crediting your account with us or, if you are no longer our customer, we will refund you directly.
22. FEES AND CHARGES
22.1 We will charge you for any energy supply and energy related services provided to you according to our most current rates and fees, which may vary from time to time. You will be charged based on your actual or estimated meter reading determined in accordance with these Terms and Conditions. Please call our customer services team, or click https://powerdirect.co.nz/pricing/ for a copy of our most recent list of rates and fees. You can contact us to check if you are on the right pricing plan for your requirements. All rates and fees included in our pricing schedules are in New Zealand dollars, and are (unless specified otherwise) exclusive of GST.
22.2 We may amend our rates and fees, or the availability of different payment methods from time to time. Changes will not apply to you until 30 days after we have given you notice, with the exception of:
(a) changes to the wholesale cost of the electricity, which will be priced as per the market with no notice; or
(b) in respect of third party charges (for example, metering, transmission and distribution), where we are given shorter periods of notice by the respective suppliers.
22.3 In some exceptional circumstances, the wholesale cost of energy for a half-hour time period(s) may not be finalised before your invoice is generated. Where this is the case you will be charged what the wholesale market refers to as the “interim price” for energy supplied to you during the respective half-hour time periods. If your invoice contains charges that are calculated using interim prices, we will notify you by email. In almost all cases, interim prices should be finalised prior to your next invoice. Once finalised, if the final price varies from the interim price, we will either credit or debit your account for any differences in calculated charges.
22.4 If you request a product or service that involves additional cost(s) or fees, we will advise you of the additional cost(s) or fees that are known at the time of your request. If any cost(s) are not known at that time, we will provide you with an estimate of the likely cost(s).
22.5 We will also provide you with written notice of any additional fees you may incur. The notice will include the reasons for the additional fee, the amount, and how you may avoid the additional fee if possible.
23. BILLING AND PAYMENT
23.1 We will send you a weekly invoice for the energy supply and energy related services we provide you. Each invoice will state the following:
(a) the quantity and cost of all energy supplied based on your actual or estimated meter reading (as relevant);
(b) the name of the local network operator;
(c) the identifier number(s) of all installation control points on your property;
(d) any fees and charges;
(e) any taxes and levies; and
(f) any penalties or other additional charges.
23.2 If your invoice is based on an estimate, this will clearly be shown on your invoice. If you receive an invoice based on an estimate and you wish to provide your own meter reading instead, you must do so by the end of the Business Day following the date shown on the invoice. Provided you advise us of a valid meter reading within that time, we will amend your invoice based on this reading. To find how we calculate our estimates please contact us.
23.3 You agree that you will pay all amounts that become owing under your account unless there is a valid dispute about the fees and charges.
23.4 You must pay each invoice by the due date recorded on the invoice. For a list of our accepted payment methods and an explanation of those methods (and any associated fees), please visit our website or contact 0800 463 473.
23.5 If we do not offer a pre-payment option, and if you ask us for any information about other electricity providers that do offer a pre-payment option, we will provide you with any such information that we possess at the time of your request.
24. LATE INVOICES
24.1 You must notify us immediately if you do not receive regular invoices from us. You will remain responsible for paying all fees and charges covered by a late invoice. No interest will be payable on late invoices where you are not the cause of delay.
24.2 If you receive an invoice more than two months after the end of the period it covers, and you were not the cause of delay, you will have at least the length of time covered by the invoice to pay it. If you receive an invoice more than three months after the end of the period it covers, we will negotiate an appropriate discount and payment period with you.
25. DEBT COLLECTION COSTS
25.1 You agree that under this Agreement, you will be liable for any costs incurred in the process of recovering any fees and charges from you. This includes, but is not limited to, collection costs, legal fees, administration fees and other costs associated with late or non-payment.
26. INCORRECT INVOICES
26.1 If we have made an error with your invoice and we have undercharged you, we will issue an invoice for the under-charged amount if it is reasonable in the circumstances. We will take into account whether either party contributed to the error, and whether either party could reasonably be expected to know about it.
26.2 If we have made an error in your invoice and we have overcharged you, we will promptly credit any overcharged amounts to your account. We will not credit any overcharged amounts where the invoice is based on estimated energy usage. Where your energy usage is based on an estimation, an adjustment will be made in the following weekly invoice based on the actual meter reading.
27. CREDIT BALANCES ON YOUR ACCOUNT
27.1 Where you have a credit balance on your account, this may be used to pay for energy supplied by us. Alternatively, we may agree to refund credit balances into your nominated bank account. If you wish to request a refund, you will need to contact our customer services team.
28. DISPUTED INVOICES
28.1 You must notify us immediately if you genuinely dispute any amount recorded on your invoice. You must notify us of which amounts you dispute and the reasons why, and we will endeavour to investigate the dispute as soon as reasonably practicable.
28.2 We will not disconnect your energy supply for failure to pay amounts that are subject to an ongoing dispute, but, during such period, you must pay all other amounts that are not in dispute.
29. ACCESS TO REMEDIES
29.1 Please contact us immediately if you have a complaint about our energy supply, energy related services or disputed charges. This can be done by contacting our customer services team at:
(a) Email: firstname.lastname@example.org
(b) Phone: 0800 (GO DIRECT) 0800 463 473
(c) Post: Private Bag 13, Nelson 7042, New Zealand
29.2 We will acknowledge your complaint within two Business Days of receipt, and use our best endeavours to respond to your complaint as soon as practicable. Where it is necessary, we may refer your complaint to the network operator or the meter owner, and we will inform you if this is required.
29.3 We are a member of the Utilities Disputes scheme, which is a free and independent industry complaints body that you may refer your complaint to (http://www.utilitiesdisputes.co.nz/ or 0800 22 33 40).
29.4 If you are unsatisfied with the way your complaint was processed by us, or Utilities Disputes, you may pursue the matter further by contracting the Disputes Tribunal or the court.
30.1 Nothing in this contract excludes or limits any rights or remedies you are entitled to under the Consumer Guarantees Act 1993. If, however, you are a customer who acquires or holds yourself out as acquiring energy for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply to the maximum extent permitted by law.
30.2 Subject to the maximum limits of liability set out below, any liability of either party under this Agreement whether in contract or tort (including negligence) or otherwise, is limited to direct physical loss or damage to property, premises or goods caused by a breach of this Agreement.
30.3 Either party's liability for any event or related series of events will be limited to $10,000, subject to a maximum of $50,000 in any one-year period starting from the date of the first event.
30.4 Neither party will be liable for:
(a) events beyond that party's control such as, acts of god, natural disasters, industrial actions, war, extreme energy shortages, any law or government order, terrorism; or
(b) any indirect or consequential loss, loss of profits or similar types of losses.
30.5 We will not be liable for:
(a) any loss or damage arising out of any planned or unplanned outages;
(b) any loss or damage resulting from the network operator or metering service provider's act or omission;
(c) any loss or damage arising from the failure of someone else to supply us with energy or energy of sufficient quality; or
(d) any loss or damage caused by your failure to switch off any appliances at your premises before reconnection or for any damage to your appliances caused by fluctuation in electricity supply to your premises.
30.6 You acknowledge that, to the maximum extent permitted by law, the network operator will not be liable to you in respect of any warranties, guarantees or obligations imposed on the network operator by the Consumer Guarantees Act 1993 or any other law.
30.7 If we receive compensation from a third party for losses resulting from the interruption of your supply, we will pass on a portion of that compensation to you and, if requested, we will provide you with an explanation of how the amount passed on was calculated.
30.8 We reserve the right to repair or replace any damaged property, premises or goods up to the same maximum amount stated above, instead of paying cash.
30.9 You must provide us with written notification of your claim if you wish us to compensate you for any loss or damage. We will not cover any loss or damage to your property, premises or goods where such notification has not been given.
30.10 For the purposes of the Contract and Commercial Law Act 2017, the limitations of liability under this Agreement extend to our employees, agents, the network operator and the meter owner.
31. DEFINED TERMS
Agreement: means these Terms and Conditions, any pricing plans, any terms and conditions relating to specific energy related services, any payment options, and additional terms and conditions that we have agreed on in writing.
Business Day: means any day not including a Saturday or Sunday or a public holiday in New Zealand.
Energy, energy supply and energy related services: means electricity, the supply of electricity and all services related to the supply of energy such as renting energy supply equipment, administration, maintenance, meter readings and repairs.
Energy supply equipment: means any equipment used to supply electricity at your premises, such as wiring, pipework, fuses, fittings, Metering equipment, switchboard, and any other assets relating to the supply or use of electricity.
GST: means goods and services tax under the Goods and Services Tax Act 1985.
Medically dependent consumer: means a person who requires electricity for critical medical support, where the loss of electricity may cause serious harm to health or death.
Metering equipment: means any meter or associated equipment used to measure and collect energy usage data.
Network: means the energy supply equipment owned by the network operator that is used to transport energy to points of supply.
Network operator: means an entity that distributes electricity to your premises.
Premises: means the property where we agree to supply the energy to you.
Terms and Conditions: means these terms and conditions of energy supply.
Vulnerable consumer: means because of your age, health or disability, the disconnection of energy presents a threat to your health and safety, or, you have genuine difficulty paying your energy invoice because of severe financial insecurity whether it is temporary or permanent.
We, us, and our: means Orbus Business Services Limited (trading as Power Direct), and any subsidiary company, and their officers, employees, contractors, agents and assignees.
You and your: means you, our customer.
32. DIRECT DEBIT TERMS
32.1 I agree that the Initiator must give me at least 2 days' prior notice of each direct debit, including the first direct debit in a series.
32.2 Changes to the amounts or dates of a series of direct debits require 30 days' prior notice to me.
32.3 I can also agree with the Initiator to receive a same day notice for direct debits specifically requested by me.
32.4 All notices must be in writing, but can be delivered electronically, if I have agreed that with the Initiator.
32.5 I can also ask you to reverse a direct debit up to 120 days after the direct debit if:
(a) I didn't receive proper notice of the amount and date of the direct debit, or
(b) I received notice but the amount or date of the direct debit is different from the amount or date on the notice.
32.6 If my bank dishonours a direct debit but the Initiator retries it within 5 business days of the original direct debit, I understand that the Initiator doesn't need to notify me again about that direct debit.
33. PROMOTIONAL TERMS AND CONDITIONS
33.1 see Promotional Terms and Conditions.
34. SAVINGS CALCULATIONS
34.1 Our annualised savings figure is an average amount based on all Power Direct customers who have provided a bill for comparison. This has been calculated on their previous power provider’s bill, against what they’ve paid with us since they joined, until July 3rd 2018.
35. POWER DIRECT SAVING GUARANTEE 2018
35.1 see Promotional Terms and Conditions.
36. ANNUAL SAVING COMPARISON - COMPANY SPECIFIC.
36.1 for information on what plans have been used in the comparisons savings figure, see Comparison Terms and Conditions.