Terms and Conditions
for business customers
General
Standard Terms and Conditions for the Supply of Electricity
Effective from 15th April 2019 (for new customers) and 27th June 2019 (for existing customers)
1. INTRODUCTION
1.1 The terms and conditions in this agreement, together with our lists of rates, charges and fees as amended from time to time, govern the relationship between Meridian Energy Limited and you relating to your electricity supply.
1.2 This agreement takes effect between us from the time that you become a Meridian customer unless we agree specific terms with you on a separate basis.
1.3 All previous versions of our terms and conditions have been replaced by this agreement.
1.4 Terms in bold are defined in clause 24.
2. BECOMING A MERIDIAN CUSTOMER
New Meridian customers
2.1 There are a number of ways in which you can become a Meridian customer. You will become a customer in relation to a premises if you:
(a) complete an application form; or
(b) complete the online application form on our website (www.meridian.co.nz); or
(c) apply for electricity supply over the phone, and we accept your application for that premises.
We may accept or decline your application at our sole discretion and, in making our decision, we will consider your ability to meet our payment, credit and other criteria. If you do not meet our criteria, we may decline your application or may offer to supply electricity to you if you agree to any extra terms and conditions that we consider necessary.
2.2 The information you provide to us in applying to become a Meridian customer must be accurate and not misleading. If the information you provide to us contains a material error, you will be in breach of a material term of this agreement so we may, without notice, either change the pricing plan you are on to a plan you are eligible for (taking into account the revised information) or disconnect your electricity supply in accordance with clause 13.7.
2.3 If you are a new Meridian customer, we will use the final meter reading provided to us by the previous retailer of the premises (which may be based on an estimate) as your initial meter reading. If you are moving into new premises, you can read the meter before using any electricity and advise us of that reading within one business day of moving in. If your meter reading differs from the previous final meter reading at the premises, we may arrange for the meter to be read and we will use that reading as your initial meter reading.
2.4 If our supply of electricity to you has not commenced at the time you become a Meridian customer, we will endeavour to commence supply as soon as possible.
Moving to premises that Meridian supplies
2.5 If you move into premises that Meridian supplies and you do not arrange for the supply of electricity to your premises by another retailer, you must contact us to apply to become a Meridian customer.
If you do not contact us:
(a) we may disconnect the electricity supply to the premises after we have made a reasonable attempt to contact you as the occupier of the premises; and
(b) whether or not we disconnect, you must pay for the electricity you have used and all applicable fees (which can be found on our website), including any disconnection fees, whether you have accepted this agreement or not.
2.6 If you accept this agreement, and if we accept you as a Meridian customer in relation to the premises, you will be deemed to have been a Meridian customer for that premises from the date you moved into the premises (you must provide us with any evidence that we reasonably request to establish the date that you moved into the premises).
3. MEDICALLY DEPENDENT CONSUMERS
3.1 If you are or believe you are a medically dependent consumer or if you have, or believe you have, a medically dependent consumer at your premises, you must provide us with a Notice of Potential Medically Dependent Consumer Status Form signed by a medical professional. You can find a copy of this form on our website or request one from your doctor or a medical professional. If you do not provide us with a Notice of Potential Medically Dependent Consumer Status Form we may not recognise you or the relevant person as medically dependent and may not continue to treat you or them as such.
3.2 If you or the relevant person cease to be a medically dependent consumer you must notify us as soon as possible and upon receipt of that notification, or upon Meridian otherwise learning that you or the relevant person are not a medically dependent consumer, we will cease to recognise or treat you or the relevant person as a medically dependent consumer.
3.3 If you are a medically dependent consumer or if there is a medically dependent consumer at your premises, you must make sure that you maintain an emergency response plan in case of a power cut. Your emergency response plan should ensure that alternative options such as battery power or a generator are available during an outage. If you ever feel your health or the health of a medically dependent consumer at your premises is at risk due to a power outage it is essential you call emergency services or get yourself or the medically dependent consumer to a hospital.
4. PARTIES INVOLVED IN YOUR ELECTRICITY SUPPLY
4.1 There are a number of entities involved in your electricity supply, including:
(a) you;
(b) Meridian;
(c) the lines company;
(d) Transpower; and
(e) our metering services provider.
4.2 Meridian does not own or operate the power lines that convey electricity to you. These lines are generally owned by Transpower and the lines company or lines companies in your area.
5. LINES COMPANY
Complying with the lines company agreement
5.1 To supply you with electricity Meridian has an agreement with the lines company or lines companies in your area permitting Meridian to use their network. Your responsibilities to the lines company are included in this agreement. Part of your responsibility as our customer is to abide by those responsibilities.
5.2 A lines company may have an agreement directly with you. In that case, that agreement will replace the parts of this agreement dealing with your responsibilities to the lines company.
5.3 You must also comply with:
(a) all line function services safety and technical standards provided for under any regulations or industry standards;
(b) the lines company’s Network Connection Standards, as amended from time to time; and
(c) all legal requirements relating to your equipment, including (if applicable) by ensuring that any alteration is certified by a suitably qualified person.
For further information on these obligations, please contact us or the lines company. A copy of the lines company’s Network Connection Standards can be found on its website.
6. OUR COMMITMENT TO YOU
6.1 We will provide your electricity supply in a way that complies with all relevant laws (including the Electricity Act 1992, the Electricity Industry Act 2010, the Electricity Industry Participation Code 2010, and the Consumer Guarantees Act 1993), and with industry standards.
6.2 Any timeframes in this agreement are consistent with the applicable equivalent timeframes specified in any relevant law or industry standards.
7. YOUR ELECTRICITY SUPPLY
Fluctuations
7.1 You acknowledge that you recognise that surges or spikes in your electricity supply are momentary fluctuations in the voltage or frequency that can happen at any time and are not treated as interruptions to your electricity supply. These fluctuations may be large and cause damage even when they comply with the applicable electricity safety regulations. Any momentary fluctuations (large or small) could damage or destroy appliances including sensitive appliances like computers, televisions, DVD players, cordless phones, computerised appliances and fridges and freezers. We do not control the quality of electricity that you receive and cannot prevent such fluctuations. We will not be responsible for any damage that results from such fluctuations unless we are found to have breached the Consumer Guarantees Act (after the application of clause 17).
Electricity interruptions
7.2 Your electricity supply may be interrupted because of planned or unplanned events.
7.3 A planned interruption of your electricity supply may be made by us or the lines company:
(a) so the equipment, electrical lines and network equipment connected to your premises or another person’s premises can be installed, maintained, upgraded, altered, replaced or repaired;
(b) for health and safety reasons;
(c) to preserve or protect the proper working of the network;
(d) to ensure the quality and safety of your electricity supply or of the electricity supply to a third party;
(e) to comply with instructions from Transpower;
(f) to comply with the law, or any industry standards; or
(g) to comply with instructions from any regulatory authority.
7.4 We or the lines company will give you at least four business days’ notice of planned interruptions unless:
(a) you agree; or
(b) the interruption is urgently required and was not reasonably foreseeable, meaning that four business days’ notice is not possible, in which case we will give you as much notice of the interruption as is possible.
7.5 Unplanned interruptions to your electricity supply may occur for many reasons and we will be unable to give you prior warning. Examples of reasons for unplanned interruptions include:
(a) where the network is affected by a storm, high winds, third party interference (like a car accident), or other events beyond our reasonable control; or
(b) safety reasons.
7.6 We are not responsible if your electricity supply is interrupted as a result of events beyond our reasonable control unless we are found to have breached the Consumer Guarantees Act (after the application of clause 17.1). Following an interruption (whether planned or unplanned), we will do everything that we reasonably can to return your electricity supply to normal as soon as reasonably practicable.
7.7 You can report, and access information about, a supply interruption (planned or unplanned) by calling our Contact Centre on 0800 496 496. This service is available on a 24-hour basis and is free to call from your cell phone. We will regularly update information about a supply interruption, in accordance with good industry practice in New Zealand.
Your responsibilities
7.8 You are responsible for:
(a) insuring yourself against damage from electricity fluctuations and interruptions;
(b) undertaking protective measures such as installing suitable surge protection devices and power conditioners; and
(c) arranging for alternative electricity supplies to protect your equipment and electrical appliances.
7.9 You can find more information regarding measures that you can take against fluctuations and interruptions (including surges and spikes) in electricity supply on our website. We cannot tell you what types of surge protection devices or power conditioners may be suitable to your circumstances and recommend that you seek advice from an electronics retailer or qualified electrician. Note that surge protection devices may not protect your equipment and electrical appliances from some surges and spikes that you may experience. We recommend that you insure yourself against damage from electricity surges, spikes, fluctuations and interruptions. Compensation for losses resulting from a supply interruption
7.10 If we receive compensation from a third party for losses resulting from the interruption of supply, we will pass a portion of that compensation on to you if we are able to identify that your supply was interrupted. We will calculate the portion of compensation payable to you by having regard to other affected customers and taking into account any administrative costs reasonably incurred by us. If you ask us to, we will explain in more detail how we determined the amount of compensation paid to you.
8. FAULTS AND SAFETY
8.1 For safety reasons, faults in your electricity supply need to be acted on immediately: call our Contact Centre on 0800 496 496 any time. When you report a fault, please include anything you see or hear that may help pinpoint the cause of the fault.
8.2 For your safety, please treat all electrical lines or wires, at all times, as live and therefore deadly. If you are unsure about the safety of any lines on or near your premises, please call our Contact Centre on 0800 496 496 or the lines company immediately.
8.3 To help ensure that the supply of electricity to you and others is safe and not interrupted, you must:
(a) follow any instructions given to you by the lines company to make sure its electrical lines or equipment on your premises are safe;
(b) repair and maintain your electrical lines and equipment to make sure they comply with the law;
(c) keep your electrical lines clear of buildings, ground, trees and vegetation and other obstacles on your premises or overhanging your premises in accordance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (available from the Energy Safety Service www.energysafety.govt.nz);
(d) make sure nothing on your premises interferes with or damages the network;
(e) work out the exact location of any underground electrical line before doing any groundwork, such as digging trenches or driving stakes. Information on the location of underground electrical lines is available from the lines company; and
(f) notify Meridian immediately if there is any damage to or fault with any meters or equipment.
8.4 You must not:
(a) connect or disconnect your premises to the network — only people authorised by the lines company can do this;
(b) interconnect two or more network connection points;
(c) interfere with or work on the lines company’s electrical lines and equipment on your premises;
(d) allow any mortgage, security interest or other charge of any nature whatsoever to be created over any piece of electrical equipment on your premises that we or the lines company own or over a meter;
(e) take a supply of electricity from anywhere along the electrical line between your network connection point and the meter;
(f) interfere with any equipment on your premises that we or the lines company own or any meter; or
(g) use any appliance that interferes with the safety and operation of any equipment or interferes with anyone else’s electricity supply.
If you breach any of the above obligations, we may disconnect your electricity supply if clause 13.7 applies.
8.5 You are responsible for making sure that your agents, your invitees to your premises, other people in your household, their agents and invitees understand and comply with the requirements of this clause 8. It is also your responsibility to let the owner of your premises know if he or she has to do anything to meet these requirements or obtain their consent to enable you to meet these responsibilities.
Interference
8.6 Interference with electricity meters, or with lines, connections or equipment belonging to, or leased or controlled by, Meridian or the lines company is a very serious matter, and may result in the involvement of police and legal prosecution.
8.7 If interference has meant that your electricity usage has not been properly recorded for any period of time, in accordance with clause 6.1:
(a) we will estimate your actual electricity usage since the date you became a Meridian customer, and you will have to pay any amount which is owing;
(b) you may also have to pay:
(i) for any costs or losses we or the lines company incur in investigating the interference; and
(ii) for any costs we or the lines company incur in replacing or repairing any damage to the metering equipment; and
(iii) a bond (or increased bond); and
(c) we may also cease, limit, restrict or suspend your electricity supply, and/or take legal action against you.
9. LOAD MANAGEMENT
9.1 Part of your electricity supply may be load managed. Load management may be undertaken by the lines company, by us by a third party, or by any combination of these entities. About load management
9.2 Load management is the process of reducing electricity demand on the network by controlling the supply of electricity to specific appliances (referred to as controlled loads). This normally occurs during peak load periods when the demand for electricity is at its highest, but may occur at other times, for example, following events on Transpower’s national transmission system or the network so as to manage electricity system security.
9.3 Examples of appliances suitable for load management are hot water storage heaters, spa pool heaters and space heaters. Load management by the lines company or us
9.4 We and the lines company can use load management switches on your premises to interrupt your electricity supply without giving you advance notice if:
(a) in relation to the lines company, our agreement with the lines company allows the lines company to; or
(b) in relation to us, you have agreed to a pricing plan that allows your electricity to be load managed (in which case we will comply with any conditions in that plan).
9.5 Load management can occur for any legal purpose, including:
(a) managing the system security of Transpower’s national transmission system or the network;
(b) reducing the transmission charges charged by Transpower to the lines company;
(c) optimising the lines company’s investment in the network;
(d) managing wholesale electricity purchase cost risks (for example, by shifting the time of your consumption); or
(e) providing interruptible load into the reserves market. Load management equipment
9.6 To ensure that Meridian and the lines company are able to efficiently manage the supply of electricity to you, you agree that each of Meridian and the lines company may have reasonable access to your premises to install such load management equipment as each considers necessary. See clause 11 for your rights and responsibilities relating to our and the lines company’s access to your premises.
Load management by third parties
9.7 If you enter into any agreement or arrangement with any third party in relation to using load management switches in, over, on or relating to your premises to interrupt your electricity supply, you must ensure that:
(a) neither us nor the lines company is already entitled to use the load management switches in, over, on or relating to your premises under clause 9.4;
(b) the third party does not interfere with or damage our and the lines company’s load management equipment, and if such damage occurs you must promptly remedy that damage at your own cost;
(c) the third party allows the lines company to use load management switches in, over, on or relating to your premises to interrupt your electricity supply to enable it to fulfil its performance obligations as an asset owner under the lines company agreement; and
(d) prior to the third party using load management switches in, over, on or relating to your premises to interrupt your electricity supply, it enters into an agreement with the lines company regarding protocols for complying with clause 9.7(c).
10. METERING OF ELECTRICITY
10.1 We will comply with all relevant laws and industry standards relating to metering. This clause 10 complies with those laws and standards. Reading your meter
10.2 Except for unmetered supplies, we find out how much electricity you have used by reading your meter (which we may do physically or remotely):
(a) If you live in a remote area, we will endeavour to read your meter at least twice a year.
(b) If you are a pre-pay customer, we will endeavour to read your meter at least once a year.
(c) For other customers, we will endeavour to read your meter at least four times a year.
We will let you know in writing if we are going to change the number of meter reads which we endeavour to do each year.
10.3 While we will try to read your meter regularly, it is not always possible: we may be unable to read your meter because of equipment breakdowns, weather conditions or problems getting access to your premises.
If we do not read your meter:
(a) we will invoice you using an estimate of the electricity you have used; and
(b) when your meter is next read, we will take this into account in your subsequent invoice or invoices.
10.4 If you read your meter yourself, we will not be responsible for any injury or loss caused or suffered by you in doing so.
Meter accuracy
10.5 You must pay for all the electricity which your electricity meter measures as having been used on your premises from the time you became (or were deemed by clause 2.6 to become) a Meridian customer until we stop supplying electricity to you. Electricity industry rules set a standard of accuracy for electricity meters. If you think your meter is not measuring electricity you use within the set standard of accuracy you can ask us to test it. Unless your meter has been tested and found to be inaccurate, we may assume that the metering information we collect is accurate (your electricity invoices are based on this information).
10.6 If:
(a) you ask us to test your meter and we find that it is not accurate; or
(b) we decide to test a meter and find that it is not accurate, we will bear the cost of testing and repairing or replacing the inaccurate meter.
We will then work out what your electricity usage should have been, and how much you should have paid for your electricity. This may result in either a debit or credit to your next electricity invoice, depending on whether you paid too much or too little.
10.7 If the meter is found to be accurate and you requested that it be tested, then you may have to pay for the test and will have to pay for all electricity recorded through that meter. We will tell you about the likely cost of undertaking the test when you request it, and before we commence testing. Replacement meters
10.8 We may, at any time, replace or upgrade the meter at your premises including by installing a smart meter. We may charge you the cost of replacing or upgrading that meter at your premises if you, your agents, your invitees, other people in your household or their agents or invitees have caused damage to the meter or have requested a new meter. We will inform you if your meter is to be replaced or upgraded and the costs of that replacement or upgrade.
10.9 If a replacement meter cannot be installed at your premises because the wiring at your premises does not comply with any applicable laws, regulations, codes or standards, or because the replacement meter would, when installed, represent a safety hazard, we may require you to fix, remedy, or repair the wiring or safety hazard at your cost before a replacement meter is installed at your premises.
10.10 We may also require you to provide a certificate of compliance from a certified service provider at your cost before the replacement meter is installed. We may request a copy of this certificate at any time.
11. ACCESS TO YOUR PREMISES
11.1 Sometimes our representatives and representatives of the lines company will need access to your premises. If you breach your obligations under this clause 11, we may disconnect your electricity supply if clause 13.7 applies, and the lines company may disconnect your electricity supply if clause 13.2 applies. Access by the lines company
11.2 You must provide the lines company with safe and unobstructed access to your premises (including inside any premises) for the following purposes:
(a) to inspect, maintain, upgrade, replace or operate equipment in, over or on your premises that is owned, leased or controlled by the lines company;
(b) to install, replace, upgrade, read or maintain meters;
(c) to disconnect and reconnect your electricity supply in accordance with this agreement;
(d) to access our equipment to verify metering information, including, in the event of termination of the lines company’s agreement with us, to determine any charges outstanding at the time of termination;
(e) for the safety and protection of persons or property;
(f) to ensure that you fulfil your obligations under clauses 16.2(d) and 16.5;
(g) to enable the lines company to gain access to and remove any of its equipment following the termination of this agreement and for the period ending six months after the date that termination takes effect; and
(h) for any other purpose related to the provision of services under the lines company agreement or to enable the lines company to comply with law.
Access by us
11.3 You must provide us with safe and unobstructed access to your premises for the following purposes:
(a) to connect, suspend or disconnect your electricity supply;
(b) to install, replace, upgrade, read or maintain meters;
(c) to ensure that trees, vegetation and other obstacles are clear of any lines or other electrical equipment - we or the lines company may charge you for the cost of clearing such trees, vegetation or obstacles if you have failed to do so;
(d) to install, inspect, operate, work on or remove any equipment needed to provide your electricity supply or another person’s electricity supply;
(e) to investigate or repair any damage or interference, or suspected damage or interference to or with the network or any equipment used in relation to your electricity supply; and
(f) for the safety of persons or property.
Notice of access
11.4 Except in routine situations (such as, for example, reading or inspecting a meter that is located on the outside of a building) or emergency situations, before accessing your premises we or the lines company will provide you with written notice of:
(a) when access is required; and
(b) the purpose for which access to your premises is required.
Where we require you to be home during the period that we access your premises, we will call you to set up a time that suits both you and us. If we agree a time with you and you do not meet that time, we may charge you a fee.
11.5 Unless we or the lines company agree with you otherwise, we or the lines company will provide you with the notice in clause 11.4:
(a) where we or the lines company require access to undertake construction, upgrade, repair or maintenance work, at least 10 business days before access is required; or
(b) otherwise, in a reasonable time before access is required.
Access must be safe and unobstructed
11.6 When we or the lines company visit your premises, you must do all things necessary to ensure that access to your premises is safe and unobstructed and that our staff, agents and contractors are not threatened, assaulted or harassed by you or any person you are responsible for. This includes ensuring that any dog or other animal on your premises is kept under control.
11.7 If you breach clause 11.6 and:
(a) that breach is not the subject of a dispute under our complaint resolution procedure;
(b) we have taken reasonable steps to encourage and assist you to comply with clause 11.6; and
(c) we have given you 10 days’ written notice to remedy that breach in order to avoid disconnection, and you do not comply with that clause when we next visit your premises, you will be in breach of a material term of this agreement so we may disconnect your electricity supply without further notice in accordance with clause 13.7.
Keys and security information
11.8 If your electricity supply equipment is located behind locked doors or gates, you will need to let us in or provide us with a key and/or security system code so that we can access your premises.
We will:
(a) securely store all keys and security information that you provide to us;
(b) only use the keys and security information for the purpose of exercising our rights and fulfilling our obligations under this agreement; and
(c) destroy the keys and the security information promptly after we no longer require that key or security information for the purposes of this agreement (unless we have agreed to other arrangements with you).
If you contact us, we will provide you with further information on our procedures for secure storage, use and destruction or return of keys and/or security information.
Our access responsibilities
11.9 When accessing your premises, our representatives and representatives of the lines company will:
(a) take reasonable steps to minimise any direct impacts on your premises and any inconvenience to you;
(b) comply with any reasonable requirements that you may have (such as, for example, the time of entry, leaving gates as found, driving in a safe manner, taking reasonable steps not to disturb stock, and avoiding access through specified areas);
(c) identify themselves to you before entering your premises (you do not have to allow them access to your premises unless they show you their identification); and
(d) act courteously, considerately and professionally at all times.
Health, safety and the Resource Management Act
11.10 You must bring to the attention of our or the lines company’s representative visiting your premises any health and safety and/or Resource Management Act requirements or issues that could be relevant and, if your premises are business premises, provide any necessary health and safety equipment to ensure the safety of the representative on your premises.
12. RATES, FEES AND CHARGES
12.1 We will charge you our rates, fees and charges in accordance with your agreed Meridian pricing plan and the Meridian service fees schedule for your electricity supply from the time you became (or were deemed by clause 2.6 to become) a Meridian customer until we stop supplying electricity to you. We will also charge you for any other amount provided for under this agreement or otherwise agreed with you from time to time.
12.2 If we think that circumstances have arisen, or are likely to arise, where you may incur a fee, we will give you reasonable notice of the circumstances before you incur the fee, and explain how you can avoid incurring the fee.
12.3 If you request an additional product or service under this agreement that will result in you incurring an additional cost, we will advise you of the additional cost at the time of your request (or provide you with an estimate of the additional cost if the exact amount is not known to us at that time).
12.4 If you contact us, we can provide a copy of your pricing plan (which may be the standard plan for your area) and our service fees schedule. Changes to rates, fees and charges
12.5 We will usually determine which rates you are eligible for based on your meter configuration. If you stop being eligible for the rate you are on because you no longer meet our criteria for that rate, we may require you to change to an alternative rate and if we do we will give you 30 days’ notice in writing in advance unless clause 2.2 applies.
12.6 We may change the rates, fees and charges that we charge you, as well as the level of any discount. We will give you 30 days’ notice in advance of any increase in our rates, fees or charges or any decrease in any discount, together with our reasons for that increase or decrease. If our rates, fees or charges are increasing, or any discount is decreasing, by more than 5% (and, in the case of a fee or charge, the increase is reasonably likely to have a material effect on consumers) then we will give you an individual notice of that increase or decrease by mail or email as soon as possible.
If our rates, fees or charges are increasing, or any discount is decreasing, by less than 5% (or, in the case of a fee or charge, the increase is not reasonably likely to have a material effect on consumers) then we will give you notice of that increase or decrease by any of the following methods:
(a) advertising in your local daily newspaper;
(b) posting a notice on our website (www.meridian.co.nz);
(c) providing written notice to you in a letter or email;
(d) notifying you by other electronic means;
(e) including a statement on your invoice; or
(f) a combination of the above.
If you or the lines company change your usage (and, if the lines company makes the change, it tells you about it), that is not a change to our rates, fees or charges so the 30 day notice requirement does not apply. Examples of usage are your electricity usage (usually measured in kWh), capacity (usually measured in kVA per day or kW per day), demand (usually measured in kW per day), interruptability (usually measured in kW per day), power factor correction (usually measured in kVAr) and distance (usually measured in kVa – km per day).
12.7 Where we have agreed with you that non-standard rates will apply to you for a fixed period, at any time after the end of that period we may, at our discretion, either continue to offer those or other non-standard rates, or move you onto the relevant rates on the current Meridian pricing plan for your area.
12.8 If you want to change your pricing plan, products or services to another pricing plan, product or service, then:
(a) please contact us to discuss what change you would like us to make; and
(b) subject only to reasonable restrictions applying to the pricing plan, product or service, or an event outside our control occurring which delays the changing of your pricing plan, product or service, we will make the change; and
(c) if you are a residential customer, we will make the change within 10 business days.
If you are not a residential customer, we will make the change within a reasonable timeframe agreed with you. See www.meridian.co.nz for a list of fees and charges that may apply and the circumstances in which they may apply.
Discounts
12.9 If you are entitled to any discount it will be shown on your invoice.
Dishonoured payments
12.10 If any payment made by you is dishonoured by your bank, we may charge you a dishonour fee.
Errors and refunds
12.11 Except where we have estimated the amount of electricity you have used (in which case your invoices will be adjusted when we read your meter), if we make an error in an electricity invoice and charge you an incorrect amount, you will either:
(a) be entitled to a prompt refund of the amount overcharged; or
(b) you will have to pay the undercharged amount to us, to the extent reasonable taking into account whether we or you have contributed to the error, or could reasonably have been expected to know of the error.
12.12 If you are entitled to any refunds or payments from us, for whatever reason (including any profits that you are entitled to receive from a lines company that the lines company has paid to us, or any payments made under a customer compensation scheme during a public conservation campaign under the Electricity Industry Participation Code 2010), we can decide how these will be paid. For example, we may:
(a) credit them against your next electricity invoice;
(b) use the money to help pay any debts you may owe to us;
(c) pay you by direct credit to your nominated back account; or
(d) send you a cheque.
12.13 If the reason you are entitled to a refund is because you have been over-paying your account (for example, by automatic payment) then we will credit the refund against your next electricity invoice unless exceptional circumstances apply.
Unmetered supply
12.14 If we supply you with unmetered electricity including, for example, for private street lighting, you must pay for it in accordance with our unmetered supply rates.
Your monthly Meridian account
12.15 Unless we have agreed with you otherwise, every month we will send you an invoice for the electricity supply to your premises and our other services together with our applicable fees and charges.
The invoice will enable you to check the invoiced amount(s), including:
(a) the quantity of electricity supplied (based on an actual reading or estimate of the amount of electricity supplied);
(b) any relevant fees and charges;
(c) other products and services;
(d) the identifier number or numbers of your premises (known as the ICP number) and the name of the main lines company in your area;
(e) the total amount that you must pay us based on the above; and
(f) the due date for payment.
You must pay the total amount in full by the due date, even if we have estimated the amount of electricity you have used. You cannot deduct anything or set off part of the cost.
12.16 If you are having any difficulties in paying your account, you may contact us to discuss possible payment options.
Paying your invoice
12.17 If you would like to learn about the different options available for paying your invoice, and an explanation of how these options operate, please visit our website (www.meridian.co.nz).
12.18 If any of our currently offered alternative payment options are subject to change, we will give you reasonable notice and adequate information to explain the changes no less than 30 days before the change takes effect.
12.19 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.
Estimated invoices
12.20 If we send you an invoice based on an estimate of the amount of electricity you have used:
(a) the invoice will clearly state that an estimate has been used;
(b) if you ask us, we will provide you with a simple explanation of how estimates are calculated; and
(c) you may provide us with a valid meter reading of your own and, if you do and it was taken and provided to us within seven days of the date of the invoice, we will amend the estimated invoice. However, we reserve the right to:
(i) undertake and charge you for an actual reading if the reading you give us is not consistent with our records; and
(ii) adjust your account if your reading is later found to be inaccurate.
Late invoices
12.21 You must notify us within a reasonable period of time if you have not received your invoice by the date on which you would usually expect to receive it, unless we have notified you of a delay in issuing that invoice.
12.22 If you receive an invoice that is late and you are not responsible for its lateness:
(a) if the invoice is more than two months after the end of the period to which it relates, by arrangement you will have at least the length of time covered by that invoice to pay it (please contact us if you wish to make this arrangement); and
(b) if the invoice is more than three months late, we will negotiate an appropriate discount with you.
12.23 You will not be required to pay interest on any incorrect or late invoices, and neither will we. Responsibility for paying invoices
12.24 If you live with other adults and do not want to be solely responsible for meeting the obligations under this agreement, you should ensure that each of those adults is a Meridian customer and that you are all jointly responsible under this agreement. This would require each of you to contact us as soon as one of you becomes a Meridian customer to advise us of your joint responsibility under this agreement.
12.25 Even if more than one person has asked us to supply electricity to your premises and you are all jointly responsible under this agreement, you are jointly and individually liable to pay each invoice. This means that you must pay the entire invoice if someone else has not paid their share.
13. DISCONNECTION OF YOUR ELECTRICITY SUPPLY BY US OR THE LINES COMPANY
Fees and charges
13.1 You may incur fees or charges in relation to actions that you or we take in relation to suspending, disconnecting, terminating or reconnecting your electricity supply. Please see our website (www.meridian.co.nz) for a list of fees and charges that may apply, and the circumstances in which they may apply. Disconnection of electricity supply by the lines company
13.2 The lines company has the right to disconnect your electricity supply in the following circumstances:
(a) it is necessary to avoid endangering persons or property;
(b) there has been an occurrence, or there are circumstances, that may adversely affect the proper working of the network or the transmission system;
(c) the lines company has planned maintenance activities to complete;
(d) an “event of default” or an “insolvency event” under the lines company agreement occurs in relation to us (as those terms are defined in that agreement);
(e) we do not have a valid lines company agreement in relation to your premises, or that agreement has expired or been terminated or is about to expire or be terminated;
(f) you do not give the lines company access to your premises in accordance with clause 11 (where that failure to give access is material or persistent):
(i) in the case of clauses 11.2(a), (b), (d), (g) and (h), after we or the lines company have given you 10 business days’ notice of access being required; or
(ii) in the case of clauses 11.2(c), (e) or (f), immediately; or
(g) you do not comply with clauses 5.3, 16.2 or 16.5 and that non-compliance is material or persistent.
In these circumstances, the lines company will disconnect your electricity supply, and not Meridian. This means that, if you need to arrange reconnection, you will need to do so with the lines company rather than us. If we receive a disconnection notice from the lines company in relation to your premises, we will give that notice to you. Disconnection of electricity supply by Meridian
13.3 Except in the case of requested, agreed or emergency disconnections, if we want to disconnect your electricity supply because you have not paid an amount owing to us in relation to or associated with your electricity supply or network services provided by the lines company by the due date shown on your invoice:
(a) we will send you a disconnection notice by mail or email (at your cost), giving you notice that we may disconnect your electricity supply between seven and 14 business days from the date of the notice unless you pay your account in full (but we need not give you notice if you have agreed a payment arrangement with us and you default on that arrangement within a short period of time);
(b) we will also give you a final warning (at your cost) at least 24 hours before your electricity supply will be disconnected;
(c) each notice will set out the timeframe within which we may disconnect your electricity supply, and explain how you can prevent disconnection from occurring;
(d) after that, if you have still not paid the amount owing to us, we may disconnect the electricity supply to the premises to which the unpaid amount relates and to any other premises at which we supply you with electricity (at your cost) without further notice.
We will only disconnect your electricity supply on a business day that is not a Friday or the day before a public holiday.
13.4 To avoid having your electricity supply disconnected, you must pay your account in full. If you are a medically dependent consumer or a vulnerable consumer, and you are unable to meet your electricity payments, we will comply with the Electricity Authority’s guidelines relevant to you in terms of assistance and disconnection.
13.5 If you tell us that you are happy for us to do so on your behalf, we will consult with Work and Income New Zealand, District Health Boards, private health practitioners or any other social agency, budget advisor or service provider if:
(a) you do not pay your invoices and your supply is at risk of disconnection;
(b) we have provided you with all the assistance we are reasonably able to; and
(c) you are still unable to make your payments.
If you have nominated a person with whom we can discuss the details of your account, we will also discuss financial assistance with that person if you tell us that you are happy for us to do so.
13.6 We will not disconnect your electricity supply under clause 13.3 if the reason for disconnection is that:
(a) you have not paid an amount owing to us and you are disputing all of that amount on genuine grounds under our complaint procedure; or
(b) you have not paid an amount owing to us that is based on an estimated meter reading, unless we reasonably believe that it is fair and reasonable in the circumstances to do so.
13.7 We may also disconnect your electricity supply without notice if:
(a) you breach a material term of this agreement (other than non-payment of an invoice), or you breach any term of this agreement persistently; and
(b) that breach is not the subject of a dispute under our complaint resolution procedure; and
(c) if that breach is capable of being remedied:
(i) we have written to you to notify you of the breach and of the need to remedy it in order to avoid disconnection; and
(ii) you have not remedied the breach 10 days after receiving written notice of the breach from us.
13.8 The terms of this agreement that are material terms for the purposes of clause 13.7 include clause 2.2, clause 11.6 (provided we have complied with clause 11.7), clause 16.4 and any other term which is material in the circumstances.
14. SUSPENSION, DISCONNECTION OR TERMINATION OF YOUR ELECTRICITY SUPPLY BY YOU
Suspension of electricity supply at your request
14.1 If you want your electricity supply temporarily suspended, you must give us at least three business days’ notice. You will have to pay the cost of suspending and reconnecting your electricity supply.
Moving house
14.2 If you are moving premises:
(a) you must give us at least three business days’ notice. You can apply to be supplied by us at your new premises at the same time and this agreement will apply (and you agree that we may add any unpaid bills you have with us from any other property to your bills for electricity used at your new premises);
(b) we will need to obtain a final meter reading from one of the following methods:
(i) taking a final meter reading at your old premises (a charge applies); or
(ii) if we have read the meter at your old premises within the last 60 days, by you providing a final reading over the phone or on our website (www.meridian.co.nz).
14.3 If you provide us with the final meter reading and we determine that it is incorrect, we may carry out a final meter reading (at your cost). If this is the case we will contact you using the contact details you have given us to adjust your final invoice.
14.4 If you leave your premises (eg if you move from a flat but your flatmates are staying on) and your name is on the electricity account, it is important that you tell us that you are terminating your account with us, and if necessary make arrangements to transfer it to someone else. If you wish to transfer your account to someone else, we will need to speak to that person(s) and accept them as our customer before the account can be transferred.
14.5 If you do not give us notice that you are moving premises, you will have to keep paying electricity invoices for those premises until the earliest date that:
(a) the electricity supply is disconnected at those premises;
(b) another person or persons become solely liable for the electricity supply to the premises; or
(c) we become aware (by any means) that you have moved premises.
Switching to another retailer
14.6 If you want to switch to another retailer, your new retailer will contact us to arrange the changeover. We will help you and your new retailer switch your account over to them and will comply with any relevant laws and industry standards.
14.7 We may specify the date on which your electricity supply will switch to your new retailer which can be up to 10 business days after we have been notified of the switch by your new retailer (or any shorter time period required by any law or industry standard).
14.8 We will send you a final invoice to cover all electricity you have used until the new retailer becomes responsible for your electricity supply. The final invoice you receive may be based on an estimated read or you may provide us with a meter reading of your own (however we reserve the right not to accept your reading if it appears to be inconsistent with our records). We may also require that we read your meter (which may be at your cost).
14.9 Following the switch, if the new retailer’s subsequent meter reads show that our final estimated invoice was inaccurate, we may revise that invoice and ask you to pay the difference or refund the difference to you. Permanent disconnection (decommissioning) at your request
14.10 If you want your electricity supply permanently disconnected (for example, if you are demolishing your house or are otherwise certain that you will never require an electricity supply to your premises in the future):
(a) we will stop your electricity supply as soon as reasonably practicable after we receive your notice of termination;
(b) we or the lines company will remove all lines and equipment belonging to, or owned or controlled by, us or the lines company from your premises and may charge you for doing so. You must provide us and/or the lines company with the necessary access to remove the lines and equipment; and
(c) prior to removing the lines and equipment from your premises, we may also require access to your premises to do a final reading of the meter (at your cost).
Once the lines and equipment have been removed, we will send you a final invoice.
Termination of this agreement
14.11 If:
(a) your electricity supply has been disconnected;or
(b) you have switched to another retailer; or
(c) you have moved premises and are not receiving an electricity supply from us at your new premises or at any other premises, our obligations to you, and your obligations to us, in relation to your electricity supply end (other than those obligations specified in clause 20.10).
In particular, you must still pay us for amounts you owe us under this agreement.
15. RECONNECTION OF ELECTRICITY SUPPLY
15.1 Before we reconnect your electricity supply, we may require one or more of the following from you:
(a) payment of:
(i) any outstanding monies owed to us, including any disconnection fees;
(ii) any fees or charges for services that accrue while your electricity supply is disconnected;
(iii) a reconnection fee;
(iv) a bond or other security payment;
(b) agreement on an alternative payment arrangement, or any other reasonable terms and conditions;
(c) provision, to our satisfaction, of ongoing access to your property to fulfil our obligations under this agreement;
(d) responsibility for making sure all appliances at your premises are switched off at the time of reconnection;
(e) presence at the time of reconnection; and/or
(f) if your premises has not had an electricity supply for more than six months, before we reconnect your electricity supply, you will need to provide us with a certificate of compliance or a certificate of verification, at our election, from a registered electrical inspector (this is a legal requirement and a requirement of the lines company and is to ensure that it is safe to reconnect the supply of electricity, and that the necessary electrical equipment is still up to standard).
15.2 If another person living at your premises has an unpaid invoice with us, we may refuse to supply electricity to those premises until the invoice has been paid.
15.3 Once you have satisfied our reasonable requirements for reconnection, we will restore your connection as soon as reasonably practicable. We may restore your connection remotely. We reserve the right to charge you for failed attempts to reconnect your electricity supply where the failure has occurred because of your act or omission, these attempts have been carried out in good faith and we have incurred costs.
15.4 Sometimes lines companies will charge for periods of disconnection which are shorter than a year (for example, if you are disconnected and then have your electricity switched back on six months later). In these circumstances, we may pass this charge onto you (along with our disconnection and reconnection fees).
15.5 You will be responsible for any liability suffered or incurred by you as a result of us reconnecting your electricity supply.
16. RESPONSIBILITY FOR ELECTRICAL LINES AND EQUIPMENT
The lines company’s responsibilities
16.1 The lines company is responsible for most of the electrical lines and equipment in your area which are not on your premises, but may also own, lease or control lines and equipment on your premises.
The lines company’s particular responsibilities are operating and maintaining:
(a) the network up to your network connection point; and
(b) the lines company’s transformers and equipment on your premises.
You acknowledge the network, including any part of the network situated on your premises, is and will remain the sole property of the lines company and no provision of this agreement nor the provision of any services by the lines company in relation to the network confers on you or any other a person a property right or other interest in or to any part of the network or any equipment owned, leased or controlled by the lines company which is used to provide any such services.
Your responsibilities
16.2 You are responsible for the things that you do and things that your agents, your invitees, other people in your household and their agents and invitees do on your premises.
Your particular responsibilities include:
(a) using a suitably qualified person to ensure the security and maintenance of the electric line and all electricity past your network connection point on your premises (including within your home) except if and to the extent that the lines company is required by law to provide and maintain those lines, or agrees to maintain those lines;
(b) telling us if you think that any meters on your premises do not accurately record the electricity supplied to your premises;
(c) during the term of this agreement and until the end of the period ending six months after the termination of this agreement:
(i) taking all reasonable precautions necessary to protect; and
(ii) except to the extent that emergency action has to be taken to protect the health and safety of persons or to prevent damage to property or with the prior written consent of the relevant owner, not interfering or damaging and ensuring that your agents, your invitees, other people in your household and their agents and invitees do not interfere with or damage, any meters, fittings, the network and any other equipment owned, leased or controlled by you, the lines company or us;
(d) not, without the prior written agreement of the lines company, conveying or receiving, or attempting to convey or receive, any signal or other form of communication or any other thing (other than energy in accordance with the lines company agreement and load control signals transmitted by or with the written consent of the lines company) over the network, nor cause or permit any other person to do so;
(e) subject to any written agreement between you and us, or between you and the lines company, and any statutory provision, complying with the Electricity (Hazards from Trees) Regulations 2003 in respect of any trees that you have an interest in that are near Transpower’s national transmission system or any line that forms part of the network (these regulations are available from the Energy Safety Service (www.energysafety.govt.nz));
(f) providing and maintaining, at no cost to us or the lines company, suitable space for the secure housing of:
(i) any equipment owned, leased or controlled by the lines company relating primarily to the connection to the network of network connection points at your premises that the lines company considers necessary; and
(ii) any metering equipment and associated wiring that we consider necessary;
(g) maintaining and ensuring the security of your own meter box, meter board and all other wiring, equipment and electrical appliances on your premises; and
(h) advising us in advance if you expect your electricity use to change significantly.
If you persistently breach any of the above obligations, we may disconnect your electricity supply if clause 13.7 applies.
16.3 If you want to know the location of the network connection point on your premises, contact us and we will tell you where it is likely to be and how you can find out where it actually is.
16.4 If your premises uses a builders’ temporary supply connection, we may periodically require you to provide information to us to check whether that connection is still appropriate. If we reasonably consider that the connection is no longer appropriate (for example if the building work on your premises has stopped), then you must arrange for your premises to be transferred to a permanent connection within the timeframe we specify (which we will make sure is reasonable). If you do not comply with this clause you will be in breach of a material term of this agreement and we may disconnect your electricity supply after we comply with clause 13.7.
Generation of electricity
16.5 You may not, without our prior written consent, generate electricity or allow electricity to be generated on your premises that will be injected into the network, nor attempt to do so. If we consent, our consent will be subject to any conditions which we or the lines company may require including conditions relating to any legal requirement or industry standard.
16.6 We have pricing options for customers who generate electricity and inject it into the network, which vary depending on the size of the generation. If you wish to generate electricity to inject into the network, or would like to learn more about doing so, please contact us. Load management equipment
16.7 We are responsible for any meter and/or load management equipment that we install on your premises. We may choose to remove any existing meter or load management equipment on your premises and to replace it with our own equipment.
16.8 You may have to pay for any meters or load management equipment that are changed or installed at your request — as well as the cost of removing equipment that is not ours. We will tell you about these charges before we change or install the equipment. You can contact us for further information.
AREAS OF LIABILITY
Consumer Guarantees Act
17.1 As a customer, you may have certain rights under the Consumer Guarantees Act. If the Consumer Guarantees Act applies to this agreement, nothing in this agreement limits your rights under that Act, unless clause 17.2 applies to you.
17.2 To the extent that you are in trade and you receive electricity and services from us in trade, you agree that the Consumer Guarantees Act does not apply to this agreement provided it is fair and reasonable that you are bound by this clause. All warranties, guarantees or obligations imposed by that Act or any other law on:
(a) the lines company concerning the services provided by the lines company under the lines company agreement; and
(b) us concerning the supply of electricity to you, are excluded from this agreement to the fullest extent permitted by law.
17.3 If you on-sell electricity to an end-user, you must include in any agreement between you and an end-user exclusions on the same terms as clause 17.1, to the fullest extent permitted by law.
Our liability to you
17.4 Subject to clause 7.1, if we damage your property or property on your premises by not taking reasonable care and the damage was reasonably foreseeable we will pay the costs of either repairing the damage or replacing the damaged property (at our discretion) up to a maximum of $10,000 for any single event or series of related events.
17.5 Other than where we are liable to you under the Consumer Guarantees Act or the Fair Trading Act, we will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
17.6 If for any reason we are found to be liable to you, our total maximum liability under this agreement will still be limited to $10,000 for any single event or series of related events.
17.7 We are not required to carry out any of our responsibilities under this agreement in circumstances where an event has occurred which is beyond our reasonable control and which prevents us from carrying out those responsibilities.
An event outside of our reasonable control includes, but is not limited to:
(a) faults in the network;
(b) acts or omissions by the lines company;
(c) problems with generation, transmission or distribution of electricity;
(d) problems with your wiring;
(e) problems arising due to health and safety hazards at your premises;
(f) earthquake, flood, fire, storm, adverse weather conditions or any other natural events or acts of God that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
(g) sabotage, riot, civil disturbance, explosion, terrorist acts, insurrection, epidemic, national emergency (whether in fact or law), act of war (whether declared or not) or civil disturbances;
(h) strikes, lockouts or other industrial disturbances;
(i) the binding order or requirement of any court, any government, any local authority or any government, statutory or regulatory body that we could not reasonably have avoided.
17.8 We will continue to perform our other responsibilities and will perform all other responsibilities as soon as it is reasonably practicable for us to do so.
Damage caused by the lines company
17.9 If you suffer loss or damage because of something the lines company does or does not do, you can only claim from us a proportion of what we recover from the lines company if we can identify you as an affected customer. If the amount we recover from the lines company relates to loss suffered by more than one Meridian customer, we will distribute the amount recovered in proportion to each customer’s relative loss.
17.10 To the extent permitted by law, the lines company will have no liability to you in contract, tort (including negligence) or otherwise in respect of the supply or non-supply of electricity to you under this agreement.
Your liability under this agreement
17.11 If you do not pay your account:
(a) you will still be liable for the cost of the electricity, services, fees and charges relating to your electricity supply but you may have to pay our administration, solicitor (on a solicitor and own client basis) and other service costs incurred by us in trying to recover the debt from you. We may, for example, refer your debt to a debt collection agency for collection, and recover from you the agency’s debt collection costs;
(b) if non-payment does not result in disconnection under clause 13, we may also require you to pay a bond (in accordance with the terms set out at clause 3) for the continued supply of electricity to your premises or require you to subscribe to our pre-pay scheme (at your cost - please see www.meridian.co.nz for a list of fees and charges that may apply).
17.12 If any of the equipment is damaged by the negligence or wilful act or omission of you, your agent or invitee, a person in your household or their agent or invitee, you will pay the cost of making good that damage to the lines company or the metering services provider.
17.13 You indemnify the lines company and the metering services provider against any direct loss or damage caused or contributed to by the fraud, dishonesty or wilful breach of this agreement of or by you or your officers, employees, agents, invitees, a person in your household or their agents or invitees arising out of, or in connection with, the services provided under the lines company agreement or under the agreement between us and the metering services provider.
17.14 If you damage, or your agent or invitee or a person in your household or their agent or invitee damages, any of our property or equipment by not taking reasonable care and the damage was reasonably foreseeable, you must pay us, at our discretion, the cost of repair or replacement of that property or equipment.
17.15 If we incur any fine, monetary penalty or other cost as a direct result of your failure to comply with any of your obligations in this agreement, you must pay us, at our discretion, the amount of the fine, penalty or other cost.
17.16 If more than one person is a Meridian customer in relation to a premises, all of those people are jointly and severally liable under this agreement.
18. INFORMATION AND PRIVACY
18.1 We will collect, use and share with third parties some personal information about you (including information about your electricity consumption) for the following purposes:
(a) when it relates to this agreement, your electricity account or a product or service we offer or may offer;
(b) when we want to send you communications and offers that we think you might be interested in;
(c) to help prevent us from sending you irrelevant communications;
(d) when we want to carry out a credit reference check or to assist with fraud detection;
(e) when we have someone recover money from you when it has not been paid by the due date;
(f) when we want 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);
(g) when we undertake internal analytics or commission a market research or data analysis organisation to produce a report for us;
(h) when required by another retailer for the purposes of switching your electricity supply;
(i) when the lines company needs the information to perform its role in supplying electricity to you, to pay you any share of its profits or for any other legitimate business purpose, including the distribution of any lines company publications or surveys;
(j) when our metering services provider or any other service provider needs the information to perform any services relating to your electricity supply or arising out of your relationship with us;
(k) when we share information with our related companies (as defined in the Companies Act 1993) for general business purposes;
(l) when you make a complaint about us to any person or body;
(m) for training or testing purposes;
(n) when you authorise us to do so;
(o) when in an emergency situation it is necessary or desirable to share your personal information with a civil defence organisation or another emergency service; or
(p) 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.
18.2 You must provide us with full and correct information that we may require relating to your electricity account and must notify us as soon as possible if you become aware that this information is incomplete or if it has changed.
18.3 If you are a medically dependent consumer or vulnerable customer, you agree that we may use any information you provide to us for the purposes of carrying out our responsibilities to assist you, including discussing your account with Work and Income New Zealand, District Health Boards, lines companies, private health practitioners or any other social agency, budget advisor, civil defence organisation or service provider as we consider reasonably necessary.
18.4 For the privacy and protection of your Meridian account, we may require you to provide unique identifying information (including personal information) before we will discuss your Meridian account with you.
18.5 We may make a recording of telephone conversations we have with you. We do this so we have an accurate record of your instructions to us and our verbal commitments to you. We also use these recordings for training purposes.
18.6 All information we have about you is held securely, but you can access it by contacting us. We will correct any errors or update any changes you notify to us as soon as possible.
18.7 If your household has an electricity account in only one person’s name, we will not share any information about that account with anyone other than the named person, unless we are expressly authorised to do so by the named person.
18.8 If your household has an electricity account in more than one person’s name, each person named on the account will be able to access the account information.
18.9 To authorise us to release account information to another person, you must:
(a) provide us with any identifying information that we may require;
(b) tell us the details of the persons who are authorised to access your account information (which may include other identifying information); and
(c) set up an account password.
You must obtain the permission of your representatives before providing us with this information.
18.10 For your authorised representatives to access your account they must provide us with the account information and any other identifying information which we may require. 18.11 We will keep your personal information secure and hold it in our customer database in accordance with the Privacy Act 1993.
19. COMPLAINT RESOLUTION
19.1 If you have a complaint or wish to give us feedback on any aspect of our service, please contact us in the first instance on the relevant number below:
(a) Residential customers - 0800 496 496.
(b) Farming or business customers - 0800 496 777.
19.2 If you prefer, you can send a letter, facsimile or email to us explaining your problem or concern.
19.3 If it is more appropriate that your complaint is managed by the lines company rather than by us, we will refer your complaint to them (unless we have agreed otherwise with them) and it will then be the responsibility of the lines company to address and resolve your complaint. We will tell you in writing if we do this, and we will give you the name and contact details of the lines company.
19.4 If the complaint relates to us, usually contacting us will be enough to resolve your complaint. If your complaint cannot be resolved by contacting us, it will be passed on to our free in-house complaint resolution process where a member of our Customer Resolution Team will take responsibility for working with you to a fair and reasonable resolution. They will promptly acknowledge your complaint in writing (unless you make your complaint orally and agree to us acknowledging your complaint orally) and provide an initial response to your complaint as soon as possible taking account of the urgency of your complaint and in any event within seven business days from the day you made your complaint.
They will:
(a) investigate your problem or complaint;
(b) liaise with the relevant people within Meridian or third party companies to resolve your issue;
(c) keep you up to date on progress; and
(d) provide you with a single point of contact if you have further queries or concerns.
19.5 We are part of the Energy Complaints Scheme operated by Utilities Disputes Limited and will deal with any complaint you may have in a way which meets the requirements of this scheme.
If you are not satisfied with the way we propose to resolve your complaint, or if it has taken longer to resolve than:
(a) 20 business days and we have not notified you in writing that we have a good reason to extend time for resolving the complaint and what that good reason is; or
(b) 40 business days, then you are entitled to refer your complaint to Utilities Disputes Limited (who offer a free and independent service for resolving complaints about utilities providers).
19.6 Further information regarding the Energy Complaints Scheme and when you can refer your complaint to Utilities Disputes Limited is available from Utilities Disputes Limited either by phoning them (on 0800 22 33 40), visiting their website (www.utilitiesdisputes.co.nz), or writing to them (at PO Box 5875, Wellington 6140, Freepost 192682)
20. GENERAL TERMS
Commitment to each other
20.1 You agree that you will not physically, verbally or otherwise abuse our representatives or make repeated frivolous or vexatious claims in relation to us or your electricity supply. We agree to treat you professionally and courteously at all times.
Assignment
20.2 We may transfer any or all of our rights and obligations under this agreement to a third party.
20.3 If we transfer any or all of our rights and obligations under this agreement to a third party, we will advise you that we are doing so, tell you how you can contact that third party and tell you when the transfer will take effect.
20.4 If:
(a) you are a residential customer, you may not transfer any of your rights and obligations under this agreement to any other person;
(b) you are a business customer or both a business and a residential customer, you may transfer any of your rights and obligations under this agreement to a third party provided you first receive our consent to the transfer.
Continuity of electricity supply
20.5 If we commit an event of default as referred to in clause 11.15B of the Electricity Industry Participation Code 2010, you agree that the Electricity Authority may transfer all of our rights and obligations under this agreement to another electricity retailer. If that happens the terms of this agreement may be amended to the standard terms that the other retailer would have offered you immediately before the event of default or to such other terms that the other retailer and the Electricity Authority agree. In addition the terms of this agreement may be amended to include a minimum term in respect of which you must pay a cancellation fee if you cancel this agreement before the expiry of that term. You also agree that in the event of such a default we may provide information about you to the Electricity Authority and the Electricity Authority may provide that information to another retailer. Clause 20.2 and this clause 20.5 are for the benefit of the Electricity Authority for the purposes of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017and may not be amended without the consent of the Electricity Authority.
20.6 If we have, or are likely to have, a receiver, liquidator, administrator, or other similar officer appointed in relation to us, we will take all reasonable steps to ensure that you receive continuity of electricity supply.
Changing this agreement
20.7 We can change this agreement, remove some terms and conditions or add others at any time, including to reflect changes to our operational, legal and regulatory requirements, provided we have drawn any change which may be detrimental to you to your attention in the form of a:
(a) letter;
(b) email; or
(c) statement included on your invoice, no later than 30 days prior to such change taking effect, other than where we are required to implement a change by a relevant authority, in which case we will notify you as soon as reasonably practicable.
Notices
20.8 Notices that we send to you directly will be sent to the mailing address or email address you have provided to us. If you have provided us your phone number for the purposes of receiving notices, we may deliver our notices to you by calling you in person, by telemessage or by text. If this agreement requires us to give you written notice, we may send the notice to your mailing address, to your email address or by text to your phone number. It is your responsibility to notify us of any changes to those addresses and phone numbers.
You are deemed to have received any notice sent by us to:
(a) your mailing address three business days after it was sent;
(b) your email address on the business day after it was sent; and
(c) your phone number on the business day after we speak to you, leave a telemessage for you or text you.
Survival on termination
20.9 Any clauses which are intended to have effect beyond the term of this agreement will continue in effect after the termination of this agreement including, without limitation, clauses 11, 12, 16.2(c), 17, 18 and 19.
Contractual Privity
20.10 Clauses 5.3, 7.1, 7.9, 11.2, 11.6, 11.10, 13.2, 16.1, 16.2, 16.5, 17.1, 17.2, 17.10, 17.11, 17.12, 17.13 and 21 are for the benefit of and shall be enforceable against you by the lines company or lines companies, as the case may be, under the Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
21. EMBEDDED NETWORKS
21.1 If your premises is connected to an embedded network, you acknowledge and agree that:
(a) the owner of the embedded network (and not the lines company that is the owner of the network connected to the embedded network) is responsible for the conveyance of electricity via the embedded network and that, to the fullest extent permitted by law, the lines company that is the owner of the network connected to the embedded network shall have no liability to you of any kind, whether in contract, tort (including negligence) or otherwise, in relation to the embedded network;
(b) without limiting the acknowledgement and agreement in sub-clause (a) above, to the fullest extent permitted by law, any and all warranties, guarantees or obligations imposed on the owner of the embedded network and/or the lines company that is the owner of the network connected to the embedded network (if any), to you by the Consumer Guarantees Act 1993 or any other law concerning:
(i) the services to be provided by the owner of the embedded network; and
(ii) the goods to be provided by us, are excluded, and as a condition of you being entitled to onsell electricity to an end-user, you must include provisions in all agreements between you and an end-user that exclude all warranties, guarantees and obligations of the kind referred to in this sub-clause (b) to the fullest extent permitted by law, including where the end user is acquiring, or holds itself out as acquiring, electricity for the purpose of a business;
(c) you indemnify the lines company that is the owner of the network connected to the embedded network in relation to all direct loss or damage caused or contributed by the fraud, dishonesty or wilful breach of this agreement by you;
(d) the lines company that is the owner of the network connected to the embedded network will have no liability to you in contract, tort (including negligence) or otherwise in relation to the supply to you under this agreement;
(e) the acknowledgement and agreements referred to in subclauses (a) to (d) above are given by you for the benefit of the lines company that is the owner of the network connected to the embedded network and are enforceable by the lines company that is the owner of the network connected to the embedded network in accordance with Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
22. MERIDIAN WEBSITES
Our website
22.1 As a Meridian customer, you may use our website in accordance with this agreement and we may send you login and other details so that you can do so.
22.2 The term “our website” when used in this clause 22 is a reference to any website or online platform that we operate.
Usernames and passwords
22.3 You agree that you:
(a) are responsible for all actions taken using your online account on our website, including being responsible for all actions of any person with whom your username and password is shared, unless clause 22.21 applies;
(b) may share your username and password if:
(i) you have a joint account holder, with that person; or
(ii) you are a business, with those of your directors or employees who need to deal with your Meridian electricity account, provided that you ensure that each such person complies with this clause 22;
(c) must amend your password when any person with whom you have shared your password stops being entitled to use your password (for example, because they cease being a joint account holder or leave your employment) - in any case, we recommend that you change your password frequently; and
(d) other than as permitted above, must maintain the confidentiality of your password.
Your use of our website
22.4 You agree not to use our website for any purpose or in any manner that is unlawful or to engage in any conduct that may impair or cause damage to the operation of our website whether by way of a virus, corrupted file or through any other means. You also agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of our website without our prior written approval in each case. Permission to use material from our website may be sought from webupdates@meridianenergy. co.nz. If you or a person you are responsible for materially or persistently breaches this agreement, or if we reasonably believe that your use of our website is affecting its performance for other users, we may temporarily or permanently suspend your access to our website. Our right to suspend your access to our website is without prejudice to any other right, power or remedy we may have under this agreement, at law, in equity or otherwise.
22.5 Subject to the restrictions in clause 22.7, you may electronically collect, download or print extracts of material or content from our website in the following situations only:
(a) for your private or personal use;
(b) for criticism, review or news reporting of current events, provided that an acknowledgement of source of such materials is provided in each case;
(c) for research or private study;
(d) where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.
22.6 You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on our website.
22.7 The permissions given in 22.5 are subject to the following conditions unless you obtain our express prior written permission in each case:
(a) no more than one copy of such material may be made;
(b) no part of the website or any material or content appearing on our website may be reproduced or stored in or transmitted to any other website;
(c) no material or content appearing on our website may be redistributed, disseminated, transmitted or broadcast in any form, either electronic or non-electronic, or included in any retrieval system or service.
22.8 You may create one or more hyperlinks to our website if you do not imply any endorsement by or connection to us. You must not create any hotlink, inline link, or direct link (each a “hotlink”) to our website (or any file on our website) or embed any page of our website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance (and in accordance with any conditions we attach to our permission). If you would like to create a hotlink to our website, please contact us.
22.9 Our website may provide links to internet sites maintained by our partners or other third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.
22.10 The views expressed in any third party material published on our website are not necessarily the views of Meridian and we expressly disclaim all responsibility for the content of any third party material published on our website.
Credit and debit card payments
22.11 Payments made by credit card or debit card are subject to our separate terms and conditions for this payment method. There are separate terms for recurring payments and one-off payments. Copies of these can be found on our website at;
https://www.meridianenergy.co.nz/your-home/terms-and-conditions/
Cookies
22.12 When you visit our website, we may use automated tools and methods (such as cookies, sessions, and usage monitoring software) to collect certain information about your visit, including (without limitation):
(a) the internet protocol address and domain name used by your computer to connect to the internet;
(b) the operating system and the browser your computer uses, and any search engine or inbound hyperlink used to reach our website;
(c) the date, time, and duration of your visit; and
(d) the pages you viewed.
22.13 This information will be used in aggregate form to analyse how our website is being used and provide you with a personalised experience. Your web browser may allow you to disable acceptance of cookies or certain types of cookies used for this purpose. However, if you limit or disable these cookies your access or use of our website may be restricted.
22.14 First party cookies and third party cookies can also be used to deliver targeted interest-based website advertising. This enables us and other third parties, to show our advertisements to you, while you browse the web, based on your previous visits to Meridian’s website. We have signed up to Google’s interest based website advertising service, known as Remarketing with Google Analytics. This means that third party vendors, including Google, can show our advertisements on sites across the internet. We and third party vendors, including Google, use first party and third party cookies (such as the ‘Google Analytic cookie’ and ‘DoubleClick cookie)’ to inform, optimise and serve advertisements based on your past visits to our website. You can advise Google that you wish to opt out of interest based advertising by visiting Google’s Ad Settings page. Please read Google’s policy on how Google uses information from its partners’ sites: www.google.com/policies/privacy/partners.
22.15 Except as set out above, we will not disclose any such information except in aggregate form.
22.16 We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
22.17 “Cookies” are small files stored on your computer that assist us in collecting the information above. “First party cookies” are cookies that are associated with the domain of the site a user visits. “Third party cookies” are cookies that are associated with a different domain to the site a user visits.
Availability
22.18 Due to the nature of the internet and electronic communications and because we provide our website to you at no additional charge, we will not be liable to you if our website or the services supplied through our website become unavailable, interrupted, restricted, or delayed for any reason. Information accuracy
22.19 We endeavour to ensure the information available through our website and that the content of our website is free from errors. However, because we provide our website to you at no additional charge, we have no liability to you for any errors in that information, unless the Consumer Guarantees Act applies (after the application of clause 17.1). Malicious code and unauthorised access to information
22.20 Although we endeavour to:
(a) prevent the introduction of viruses or other malicious code (together, “malicious code”) to our website; and
(b) protect the security of your personal information, we do not guarantee that our website, or any data available from it, is free from malicious code or your transmissions or data or of the information contained on your computer system or on our website will not be accessed or altered by an unauthorised person.
You are responsible for ensuring that the process that you use to accessing our website does not expose your computer system to the risk of interference or damage from malicious code.
22.21 To the extent allowed by law, you will not be liable to us and we will not be liable to you for any damages or harm attributable to malicious code or the unauthorised access to or unauthorised alteration of information, unless you or us (as the case may be) intentionally introduced the malicious code or intentionally allowed the access or alteration of information.
New Zealand website
22.22 Our website is controlled and operated from within New Zealand. Details contained on our website relating to the products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from our website are appropriate or available for use in other countries. If you choose to access our website from outside New Zealand you are responsible for compliance with applicable local law.
23. QUESTIONS
23.1 If you have any questions in relation to this agreement or your electricity supply in general, please contact us.
24. DEFINITIONS
24.1 In this agreement, unless the context otherwise requires:
(a) business day means any day other than a Saturday, Sunday or a statutory public holiday in New Zealand.
(b) Electricity Authority means the body of that name established under the Electricity Industry Act 2010 and any replacement for that body.
(c) electricity supply means the supply of electrical energy by us, metering services by us through our metering services provider, and the provision of line services for the delivery of electricity by the lines company.
(d) emergency situation means a situation in which there is a probable danger to life or property or immediate risk to the continuity or safety of supply or distribution of electricity.
(e) equipment includes, as the circumstances require, all meters, pre-pay equipment, load management equipment, switches, relays, fuses, wiring and other equipment that uses or is used (or intended or designed to be used) in or in connection with the generation, conversion, transformation, conveyance or use of electricity. A reference to the lines company’s equipment includes a reference to equipment owned by the lines company’s agent or any other third party the lines company has contracted with for the use of that equipment.
(f) industry standards means any accepted industry arrangements, guidelines, protocols or other voluntary standards.
(g) lines company means:
(i) the owner of the network connected to your premises and its employees, contractors or agents; and
(ii) if the owner in
(i) is the owner of an embedded network, the owner of the network connected to the embedded network, and its employees, contractors or agents.
(h) lines company agreement means an agreement between Meridian and the lines company governing use of the lines company’s network.
(i) load management means the control of electricity flowing to your premises by way of load management switches in, over, on or relating to your premises.
(j) medically dependent consumer means a person who needs mains electricity for critical medical support (including use of medical or other electrical equipment needed to support a treatment regime), such that loss of electricity may result in loss of life or serious harm.
(k) meter means the metering and other equipment installed at your premises which is used to measure and/or provide information about the quantity of electricity which we supply to you and/or patterns of electricity usage and/or demand and includes all associated load management equipment and wiring and includes a smart meter and the metering communications network.
(l) metering services provider means any person appointed by Meridian to perform any services relating to the metering of your electricity supply or arising out of your relationship with us, and that person’s agents and subcontractors.
(m) network means any network for the distribution of electricity owned or controlled by the lines company.
(n) network connection point means the point at which your premises connects to the lines company’s network, which is usually at the pole fuse for an overhead connection, or the property boundary for an underground connection.
(o) premises means the address supplied with electricity under this agreement and includes all land, dwellings and other buildings at that address.
(p) Transpower means Transpower New Zealand Limited, the company that operates the national transmission system.
(q) vulnerable consumer means:
(i) for reasons of the consumer’s age, health or disability, the disconnection of electricity supply to the premises where that consumer resides presents a clear threat to the health or well-being of that consumer; and/or
(ii) a customer who has genuine difficulty paying his or her electricity bills because of severe financial insecurity, whether temporary or permanent.
(r) we, our, us, or Meridian means Meridian Energy Limited, its subsidiaries, employees, contractors and agents and those contractors’ and agents’ subcontractors and subagents.
(s) you and your means you, the customer.
Commercial electricity supply
1 GENERAL
If you have entered into a direct agreement with the network operator, or Transpower in respect of any of your sites listed in this agreement for which the contract type is TOU, that agreement will replace all parts of this agreement dealing with your responsibilities to the network operator or Transpower in respect of those sites.
Clauses in this agreement that relate to you exporting electricity only apply to you if we have consented to you exporting electricity under this agreement.
Supply Start Date and Term
1.1 This agreement will commence on the commencement date. Subject to clauses 2.2 and 10 of this Part 2 of this agreement, this agreement will remain in full force until the expiry date.
1.2 We will start supplying electricity to you at each site on the "supply start date" for that site, which is the date that the relevant points of supply are switched to us. This will be the later of:
(a) the proposed supply start date for the site set out in Part 1 of this agreement; and
(b) any later date that we set as a result of you not complying with your obligations under this agreement.
Services
1.3 We agree to supply and sell to you (either directly or from a third party) and you agree to receive and pay for the following services in relation to the points of supply set out in this agreement:
(a) electricity supply services;
(b) metering services; and
(c) in respect of each of your points of supply with an interposed connection, line function services,
upon the terms and conditions of this agreement.
Invoicing
1.4 We will use reasonable endeavours to send monthly invoices to you for the charges incurred during the previous month on or before the 10th business day of each month. All invoices will be due and payable by you to us by the 20th day of the month in which the invoice is received.
1.5 If an invoice is not sent to you on or before the 10th business day of the month, then the due date for that invoice will be 8 business days after the date of the invoice.
1.6 Unless you have disputed the accuracy of an invoice in accordance with this Part 2 of this agreement, payment must be made without deduction or set-off.Your Obligations Prior to Supply Start Date
1.7 On or before the date you enter into this agreement, and at any time that the details you provided us change, unless we agree otherwise, you must:
(a) for any sites at which we are unable to read your meters remotely, provide us with accurate meter location, access and installation details and all keys or security cards necessary to allow us to locate, gain access to, and read your meters at that site. Where security restrictions prevent this, you will ensure other access arrangements are in place during business hours;
(b) where we do not provide you with metering installations at that site:
(i) provide us with copies of certificates from an approved test house certifying that each metering installation is currently fully compliant with all requirements of the code;
(ii) ensure that all metering installations are able to be accessed remotely and directly by modem (unless we agree otherwise) and read by our Half Hour Data Administrator;
(iii) ensure that all metering installations are able to record a minimum of active and reactive electricity per half hour;
(iv) ensure that all metering installations meet the network operator's requirements for calculating line function services charges; and
(v) provide us with the following information for each metering installation:
(aa) the meter's description;
(bb) ICP number;
(cc) the name of the owner;
(dd) the metering installation category as specified in schedule 10.1 of the code;
(ee) whether the metering system is import only, export only or import/export. (Your meter will only be import/export if you generate electricity on your site)
(ff) the number of meter points or feeds into your site; and
(gg) whether your ICP connection is "EG", "EN", "GD", "GN" or "SB".
If you fail to comply with the above obligations in relation to a site, we may, in addition to our other rights and remedies under this agreement, delay the supply start date for that site until up to 15 business days after you comply with the above obligations.
Compliance with the Code
1.8 You may have obligations under the code, particularly if you have a GDICP connection or are an embedded generator. It is your responsibility to comply with all applicable code. We are not responsible for your non-compliance.
2 ELECTRICITY SUPPLY
General
2.1 You acknowledge that we do not own or operate any network and therefore you agree that
(a) You will comply with all relevant provisions of any use of system agreement with a network operator and network connection standards, relating to a network through which your sites are supplied. We reserve the right to amend this agreement from time to time for that purpose. Such provisions are for the benefit of and enforceable by ourselves and the network operator against you in accordance with the Contract and Commercial Law Act 2017
(b) Notwithstanding anything in this agreement, we will not be liable to you for anything whatsoever in relation to the provision of line function services by any network operator or transmission by Transpower except to the extent that we are able to recover any amount from the network operator pursuant to the relevant use of system agreement.
2.2 Even if this agreement is terminated or expires you are, subject to clause 4, liable for all electricity measured in accordance with this agreement as being supplied to you until the site is disconnected or switched to another retailer, as well as for any other accrued charges. We will endeavour to notify you at least 2 months prior to the expiry date. All electricity measured in accordance with this agreement as being supplied to you after the date of termination or expiry will be charged at 20 cents per kWh(this rate is subject to change by Meridian on 30 days’ notice)and is deemed to be supplied to you upon the terms and conditions of this agreement. All electricity measured in accordance with this agreement as being supplied by you to us after the date of termination or expiry will be invoiced at the spot rate and you will pay us 1 cent per kWh. All electricity is deemed to be supplied by you upon the terms and conditions of this agreement.
2.3 If you are charged at the spot rate or at a price specified with reference to the spot rate(for example spot rate plus 10 (ten) cents per kWh), you should be aware that the Electricity Authority has developed the spot price risk disclosure regime. Part of that regime is “stress testing”, which describes potential spot price outcomes during various market stress scenarios (extended droughts, sudden capacity shortage, etc.). We recommend you familiarise yourself with stress testing and apply the stress tests contained in the regime to your own circumstances. In particular:
(a) Further details on the regime can be found at: http://www.ea.govt.nz/operations/wholesale/spot-pricing/stress-tests/large-scale-consumer-stress-tests
(b) Various spot prices around the country can be seen at: http://www.electricityinfo.co.nz/comitFta/ftapage.main
(c) The Electricity Authority has produced a booklet entitled “Managing price risk –a guide for consumers” – a copy is available here: https://ea.govt.nz/development/work-programme/risk-management/hedge-market-development/development/managing-electricity-price-risk-guide/
2.4 We may require you to supply us with a copy of any certificate in relation to any of your sites required by the Electricity (Safety) Regulations 2010 before we supply electricity to that site.
Your Electricity Demand
2.5 The code requires us to give notice of changes in your demand for electricity. You will provide us with all information about your electricity demand that we reasonably require. This requirement and clauses 2.6 to 2.8 do not apply to normal scheduled commencement and cessation of operations or if your total aggregate electricity consumption across all of your sites is less than 3 GWh per annum.
2.6 You will give us at least 3 hours warning of any decrease or increase in the half hour maximum demand for any of your points of supply if that change exceeds the limits stated in the table below:
| Demand per point of supply | Notification threshold |
| Less than 1 MW | Change from standard of +/-500kW |
| 1 MW to 5 MW | Change from standard of +/-750kW |
| 5 to 10 MW | Change from standard of +/-1MW |
| Over 10 MW | Change from standard of +/-2MW |
| Over 20 MW | Change from standard of +/-3MW |
2.7 You must limit the magnitude of any instantaneous changes in your electricity demand and the rates of change in your demand to the levels that we reasonably require.
2.8 You will give us as much warning as possible when you intend to materially increase or decrease your total demand in response to changes in the spot rate.
Interruptions to Electricity Supply
2.9 We are committed to providing your electricity supply in a way that complies with all relevant laws, including the code. However, supply to you may not be continuous or uninterrupted and the voltage or frequency of electricity may not be steady.
2.10 We, the network operator or Transpower may interrupt or disrupt the electricity supply to any of your sites at any time if we, the network operator or Transpower consider it necessary to do so for the reasons set out in the use of system agreement or in this agreement. In particular, an interruption of your supply may be made by us or the network operator or Transpower:
(a) so any machinery, equipment or apparatus connected to your site or another person's site can be installed, maintained, upgraded, altered, replaced or repaired;
(b) for health and safety reasons;
(c) to preserve or protect the proper working of the network;
(d) to ensure the quality and safety of your electricity supply or of the electricity supply to a third party;
(e) if we, the predominant retailer or the network operator or Transpower are of the opinion that a constrained supply situation exists or is imminent;
(f) in circumstances where to supply all of our customers would place us in breach of our pre-existing obligations;
(g) to comply with instructions from Transpower;
(h) to comply with the law, including the code;
(i) to comply with instructions from any regulatory authority; or
(j) relating to a force majeure event.
2.11 In exercising the rights under clause 2.10, we, the network operator or Transpower may interrupt or disrupt the electricity supply to any of your sites. We may exercise these rights a tour absolute discretion whether or not we, the network operator or Transpower also interrupt or disrupt the electricity supply to any other purchasers of electricity.
2.12 For planned interruptions that we control, we will use reasonable endeavours to give you at least 5 business days’notice.
2.13 Following an interruption, we will endeavour to return your electricity supply to normal as soon as reasonably practicable.
2.14 We will use reasonable endeavours to ensure that the network operator gives reasonable notice of any planned interruption under sub-clauses 2.10(a)to (i)in order to facilitate your reaching an accommodation with the network operator to limit the effects on you of the interruption.
3 POINT OF SUPPLY, TITLE AND RESPONSIBILITY
Point of Supply
3.1 The electricity supply will be given and taken at each of your sites, at the points of supply.
Title
3.2 The title to, risk and ownership of electricity:
(a) supplied and delivered by us will pass to you at the time of delivery to your point of supply; and
(b)supplied and delivered by you will pass to us at the time of delivery to your point of supply.
3.3 You acknowledge that the network, including any part of the network situated on the sites, is and will remain the sole property of the network operator and no provision of this agreement nor the provision of any services by the network operatorin relation to the network confers on you or any other a person, a property right or other interest in or to:
(a) any part of the network,or any equipment owned, leased or controlled by the network operator, which is used to provide any such services; or
(b)any part of the metering installation owned by any person other than you.
Responsibility
3.4 You are responsible for looking after the metering installation and all of your installations and you must:
(a) be responsible for the safety and security of the metering installation and any of your installations beyond each point of supply;
(b) at all times comply with your obligations under any law in respect of the operation of the metering installation and any of your installations;
(c) ensure that there is sufficient safe and secure space and associated wiring on your sites for any metering equipment we consider necessary;
(d) maintain the clearances required by us or the network operator between the network operator’s equipment, each installation and the buildings, ground, trees and vegetation on, or overhanging, your sites;
(e) not take or allow any person to take an electricity supply from any point between a point of supply and the metering point;
(f) not allow any person to interfere with or alter any point of supply or metering installation without our prior written approval; and
(g) not use, or allow any person to use, the network to send or receive any signal or communication.
3.5 You are also responsible for:
(a) the protection (at your expense) of all of our and the network operator's equipment and metering installations:
(i) located on your sites; or
(ii) running from the boundary of your site up to the point of supply, against interference and damage.
(b) any damage caused to our or the network operator's equipment referred to in clause 3.5(a) above, or any metering installations, unless you can prove that the damage was not caused by your negligence, wilful act or omission, or through failure by you to provide the protection required by this clause 3.
3.6 Subject to any written agreement between you and the network operator, and any statutory provision, you are responsible for complying with the Electricity (Hazards from Trees) Regulations 2003 in respect of any trees that you have an interest in that are near the Gridor any line that forms part of the network (these regulations are available from the Energy Safety Service (www.energysafety.govt.nz));
3.7 You acknowledge that surges or spikes in your electricity supply are momentary fluctuations in voltage or frequency that can happen at any time and are not treated as interruptions to your electricity supply. These fluctuations could damage sensitive equipment. We do not control the quality of electricity that you receive and we are not responsible for any damage that results from such fluctuations. You are responsible for ensuring that all of your installations have adequate protection from fluctuations in voltage and frequency. You acknowledge that some fluctuations in voltage and frequency may be extreme and it may not be possible to adequately protect your installations against them.
3.8 The benefit of clauses 3.4 (d) and 3.5 extends to and is enforceable by the network operator pursuant to the Contract and Commercial Law Act 2017.
3.9 In the interests of safety and other regulatory requirements, you may not, without our prior written consent, export electricity generated on your sites into the network. Any such consent will be subject to any conditions that we or the network operator may require, including conditions relating to any legal or industry requirement.
Load Management
3.10 Under the network operator agreement, the network operator has the right to use load management switches in, over or on your sites to interrupt your electricity supply without advance notice.
3.11 If you enter into any agreement or arrangement with any third party in relation to using load management switches in, over,on,or relating to your sites to interrupt your electricity supply, you must ensure that:
(a) the network operator is not already entitled to use load management switches in, over or on your sites under clause 3.10;
(b) the third party does not interfere with or damage the network operator’s or our load management equipment and if any damage occurs due to the actions of the third party, you will promptly and at your own cost remove the source of the interference and make good the damage;
(c) the third party makes the load available to the network operator to enable the network operator to fulfil its performance obligations as an asset owner under the code and the use of system agreement; and
(d) prior to controlling the load, the third party has entered into an agreement with the network operator which sets out the protocols for the use of the load, including coordination with the network operator of the disconnection and reconnection of load.
Embedded Network Consumers
3.12 If you are an embedded network consumer, you acknowledge and agree that the embedded network owner(and not the network operator) is responsible for the conveyance of electricity via the embedded network and that, to the fullest extent permitted by law, the network operator has no liability to you of any kind, whether in contract, tort (including negligence) or otherwise, in relation to the embedded network.
3.13 If you are an embedded network consumer, you acknowledge and agree that, without limiting the acknowledgement and agreement in clause 3.12 above, to the fullest extent permitted by law, including where you are acquiring, or hold yourself out as acquiring, electricity for the purpose of a business, any and all warranties, guarantees or obligations imposed on the embedded network owner and/or the network operator (if any) to you by the Consumer Guarantees Act 1993 or any other law concerning:
(a) the services to be provided by the embedded network operator; and
(b) the goods to be provided by the us,
are excluded. You acknowledge and agree that you may only on-sell electricity to an end user, if the agreement between you and that end user includes terms and conditions that exclude all warranties, guarantees and obligations of the kind referred to in this clause 3.13 to the fullest extent permitted by law, including where the end user is acquiring, or holds itself as acquiring, electricity for the purpose of a business.
4 METERING AND TESTING
4.1 The quantity of electricity conveyed to you at each point of supply will be measured by the metering installation provided, installed, owned, maintained and operated by us or our agent, or you or your agent. We will use all reasonable endeavours to read the metering installation monthly and remotely, unless we agree otherwise with you.
4.2 The metering installation will be deemed to be accurate and all measurements taken from the metering installation will be binding on you and us unless either you or us dispute the accuracy of the metering installation and the metering installation is tested in accordance with the code pursuant to clause 4.8(b)below.
4.3 If a test carried out pursuant to clause 4.8(b)reveals that the metering installation does not meet the relevant standards required by the code then, as soon as reasonably practicable after a determination is made under the code, we will follow the process set out in clause 4.5 to correct any invoices that are found to be incorrect.
4.4 You must notify us immediately if you find any defects, evidence of tampering or are aware of any incident of any kind that could affect the accuracy or integrity of any metering installation and will, on our request, co-operate with us to prepare a statement of the situation.
4.5 If for any reason a metering installation is not read at the proper time, we will estimate how much electricity you have used, and invoice you according to that estimate. You must pay all estimated invoices in accordance with clause 5. When the metering installation is next read, any differences between our estimate and the actual amount of electricity you have used will be taken into account in the next invoice issued (or such future invoices as may be reasonably practicable).
Responsibility for Metering Installations
4.6 The metering installations at the sites may be owned (or otherwise controlled) by either us or you. The party that owns, contracts for provision of,or controls the metering installation is the "meter owner" for that metering installation and has the responsibilities of the meter owner under this agreement.
4.7 We may choose to remove any or any part of an existing metering installation on a site and to replace it with our own equipment. You may have to pay for any or any part of a metering installation (including in relation to metering installations that are owned by you) that are changed or installed at your request or as a result of your failure to comply with this agreement —as well as the cost of removing equipment that is not Meridian's.
4.8 In relation to each metering installation for which it is the meter owner, the meter owner agrees to:
(a) comply with the code and all other relevant laws in relation to that metering installation, including by being, or appointing a third party to be, the metering equipment provider under the code;
(b) arrange for the metering installation to be tested in accordance with the code if the other party disputes the accuracy of the metering installation and, if the metering installation does not meet the requirements of the code, ensure compliance with the code by fixing or replacing the metering installation. If the party who is not the meter owner has disputed the accuracy of the metering installation and the test reveals that the metering installation meets the requirement of the code, then that party will be responsible for the costs of the tests; and
(c) if you are the meter owner:
(i) obtain Meridian’s consent to the appointment of any person you propose to appoint as the metering equipment provider
(ii) ensure that any communications failure that prevents the metering equipment provider or Meridian from remotely reading any metering installation for which you are the meter owner is fully repaired within 5 business days of receiving notice of the failure from Meridian;
(iii) notify Meridian immediately if you change, update or modify that metering installation or if there is a change of ownership of any part of the metering installation and provide Meridian all information Meridian requires to comply with its obligations under the code;
(iv) ensure that all metering installations on your sites are not accessed remotely by anyone other than the metering equipment provider, Meridian or Meridian's Half Hour Data Administrator without Meridian's written consent; and
(v) be liable to Meridian for any costs incurred by Meridian in connection with the repair, replacement or removal of the metering installation if:
(aa) you do not comply with sub-clauses 4.8(c)(i) –(iv); or
(bb) you fail to rectify any other breach of this clause 4.8 within 10 business days of receiving written notice from Meridian.
4.9 If Meridian incurs any fines or fees because of your failure to comply with the obligations placed on you by this clause 4, then you will be liable to Meridian for those fines and fees and any associated costs.
4.10 If Meridian's obligations to the metering equipment provider change or this agreement does not accurately reflect Meridian's arrangement with the metering equipment provider, Meridian may amend this agreement to reflect those changes or that arrangement by giving you 30 days' notice.
5 CHARGES AND PAYMENT
Charges and Payment
5.1 Unless otherwise provided in this agreement, you will be liable for our charges from the supply start date.
5.2 We will provide you with a buyer created tax invoice for the export electricity you supply to us in any month.Any buyer created tax invoice rendered by us to you for export electricity supply charges will be paid by us to you in the same manner (including without limitation as to the time for payment) as set out in this clause 5 and clauses 1.4 to 1.6 of this agreement.
5.3 The parties must pay invoices on or before the due date of the invoice.
5.4 Subject to clause 5.6 below, without prejudice to any of our other remedies in respect of your default in failing to make payment by the due date, we will charge you a late payment fee as set out in the Meridian service fees schedule (available on our website)on all overdue amounts.
5.5 In addition to the charges payable by you to us under this agreement, you must pay to us:
(a) any fees, charges, levies (e.g. a dry year levy), taxes (other than income tax) or other such costs imposed by law (including the code)on electricity, electricity generation or line function services that increases our costs of supplying electricity to you;
(b) any costs that we incur in connection with a disconnection or reconnection of your supply requested by you; and
(c) GST, at the relevant rate.
5.6 If either party disputes the accuracy of any invoice they must notify the other party before the due date for payment. The undisputed amount must be paid by the due date and both you and us will resolve the dispute as soon as possible in accordance with clause 16. Upon settlement of the dispute, the appropriate adjustment to payment will be made by payment of the amount of any shortfall plus any applicable late payment fee. Any payment must be made within 5 business days of the determination of the adjustment.
5.7 If an invoice is found to be incorrect for any reason, we will issue a correcting notice, which will be taken into account in the next invoice issued (or such future invoices as may be reasonably practicable) and subject to clause 5.6, interest will be payable on the excess or any applicable late payment fee will be payable on any shortfall, as the case may be. If the correction in your favour exceeds the total otherwise due on any such invoices, we will pay you the excess, together with interest from the due date until payment is made.
6 SUPPLY OF ELECTRICITY BY YOU
6.1 You may, with our prior written consent, and in accordance with any conditions attached to that consent, export electricity generated on your sites into the network or the Transpower network. We may at any time during the term of this agreement:
(a) Consent to the export of electricity generated on your sites into the network or the Transpower network. Any such consent will be subject to any conditions that we or the network operator may require, including conditions relating to:
(i) any legal or industry requirements;
(ii) the standards and specifications of your installations;or
(iii) any other aspect of your export of electricity,and such conditions may be amended by us or the network operator by notice to you from time to time;
(b) refuse to grant consent under paragraph (a) for any reason;and
(c) suspend or terminate our consent under paragraph (a) by notice to you in writing. On receipt of such notice you shall immediately cease exporting electricity generated on your sites into the network or the Transpower network.
6.2 You warrant that all of your equipment used to generate electricity under this agreement, (including but not limited to the housing, cabling, and all other electrical fixtures and appliances at the site or point of supply, as relevant) is and will continue to be in good working order, properly maintained, and capable of operating for the purposes referred to in this agreement. You are solely responsible, and we have no liability, for any direct or indirect loss, damage or injury suffered by you or any other person resulting from any breach of this warranty. You agree to indemnify us and the network operator for any loss or damage suffered by us or the network operator where such loss or damage results from any breach of this warranty or results from you injecting electricity into the network or the Transpower network. The limits on your liability set out under clauses 9.3 and 9.9 do not apply to this indemnity.
7 PRUDENTIAL REQUIREMENTS
7.1 We may, at any time, require you or the guarantor (where applicable) to provide an unconditional guarantee, letter of credit, bond or similar security or combination of securities acceptable to us for any amount we reasonably require to protect us against you failing to make any payment under this agreement. The security must be in a form acceptable to us and must be from a bank, or other person acceptable to us;such bank or person is to have a long term credit rating of at least A3 (Moody's Investor Services, Inc), A-(Standard and Poor's Ratings Group) or B+ (AM Best).
7.2 If at any time we believe that it is reasonable for us to require further security of the kind described in clause 7.1 above:
(a) we may give notice to you or the guarantor (where applicable) setting out the grounds for our belief and specifying a reasonable amount for which we require security; and
(b) you or the guarantor (where applicable) must then arrange us to receive, within 30 days after receiving our notice, such additional security acceptable to us for the amount we reasonably require.
7.3 Where we require you or the guarantor to provide a bond under clause 7.1, we may hold the bond until this agreement has been terminated and you have paid all of your invoices in full and have otherwise complied with all terms of this agreement. If we hold the bond for more than 12 months, we will provide you with reasons for this.
7.4 If we refund all or part of your bond to you, we may do so by crediting your next invoice, paying you by direct credit to your nominated bank account or by sending you a cheque. We will not be liable to pay you interest on any bond amount.
8 ACCESS
8.1 Our and the network operator's employees, agents, subcontractors and invitees ("our authorised personnel") and other code parties employees, agents, subcontractors and inviteesmay need access toyour sites for one of the reasons set out in clauses 8.2 and 8.3 below. Except in routine situations (such as, for example, reading or inspecting a metering installation located on the outside of a building), we, or our authorised personnel, will wherever practicable give you reasonable notice of the exercise of rights of access by our authorised personnel, and our authorised personnel will tell you the purpose of the visit. Our authorised personnel will cause as little inconvenience to you as is practicable in carrying out any work. Our authorised personnel will also observe, at all times, good New Zealand electricity industry practice, as well as any reasonable requirements you bring to the attention of our authorised personnel. However, we or our authorised personnel cannot be liable for any failure to observe good New Zealand electricity industry practice where that failure is a direct result of your actions or the actions of any third party.
8.2 You will give our authorised personnel and a code party’s employees, agents, subcontractors and invitees safe and unobstructed access to your sitesand to any metering installation or to any equipment owned, leased, or controlled by us, our authorised personnel ,the network operator or the code party, which is located on your sites (including inside any building on a site in which metering installations or other equipment is located) to:
(a) connect, suspend or disconnect your electricity supply;
(b) read, install, test, inspect, maintain, repair, replace, operate, upgrade or remove the metering installation or the equipment;
(c) ensure that trees, vegetation and other obstacles are clear of any lines or other equipment associated with your electricity supply. We or the network operator may charge you for the cost of clearing such trees, vegetation or obstacles if you have failed to do so;
(d) investigate or repair any damage to or interference with, or any suspected damage to or interference with, any metering installation or other equipment owned, leased or controlled by us, the network operator or a code party;
(e) ensure that you comply with your obligations under clauses 3.4, 3.5 and 3.9;
(f) enable the code partyto exercise rights or obligations under the codeor anyother law
(g) enable the network operator and the code party to gain access to and remove any of its equipment following the termination of this agreement and for the period ending 6 months after the date that termination takes effect; and
(h) for any other purpose related to this agreement.
8.3 In addition to the rights of access described in clause 8.2, you will give our authorised personnel safe and unobstructed access to your sites, any metering installation or to any equipment owned or leased by us, our authorised personnel or the network operator which is located on your sites (including inside any building on a site in which metering installations or other equipment is located) at any time to:
(a) restore electricity during an interruption in your area;
(b) ensure safety; or
(c) protect persons or property. In these circumstances we or the network operator may not provide you with advance notice that our authorised personnel require access to your sites.
8.4 The rights of access set out in this clause 8 are in addition to any rights of access which we, the network operator, our authorised personnel or a code party may have under any law or any other agreement with you.
8.5 If you fail to grant access, in accordance with this agreement, to your sites (including the metering installation or other equipment on your sites), your electricity supply may be disconnected immediately. We will not be liable for any damages incurred by you or any third party as a result of any such disconnection. You will reimburse us all costs of disconnection and of any reconnection.
9 LIABILITY
General
9.1 Subject to clauses 9.4, 9.5 and 9.11, neither you nor us will be liable to the other, for any loss, injury or damage resulting from:
(a) any failure to supply electricity or any defect in the quality of the electricity supplied; or
(b) breach of this agreement, unless, such failure, defect or breach arose from the negligence, or intentional action or inaction, of that party or, in relation to you, any third party provider of your metering installations.
9.2 None of Meridian, the network operator or a code party will in any circumstances be liable to you for:
(a) momentary fluctuations in the voltage or frequency of electricity conveyed; or
(b) any failure to convey electricity caused by your, or any other person's, failure to observe or comply with any network connection standards; or
(c) any failure to convey electricity caused by no, or reduced, injection or electricity supply into the network or an interruption in the conveyance of electricity in the network; or
(d) any failure to convey electricity caused by any defect or abnormal conditions at any of your sites; or
(e) any delays, faults, or any other problem whatsoever in relation to the electricity supply to you resulting from any incorrect or inadequate information provided to us by you; or
(f) any failure to convey electricity where the network operator considers it reasonably necessary to interrupt the electricity supply to any point of supply for any of the reasons set out in clause 2.10, including constrained supply situations;
(g) any failure to convey electricity or effect its conveyance arising from your acts and omissions or the acts or omissions of a third party; or
(h) any loss resulting from the liability of you to any other person.
9.3 None of Meridian, the network operator, or any code party, nor their respective officers, employees or agents will be liable to you, and neither you nor any of your officers, employees or agents, will be liable to us for:
(a) any loss of profit or business or any similar claims; or
(b) any indirect or consequential loss; or
(c) any loss resulting from loss or corruption of, or damage to, any computer or electronically stored data, software or hardware.
9.4 You will indemnify us, any code party and the network operator, against:
(a)any costs, liability, loss or damage suffered by us, any code party or the network operator as a result of:
(i) your disconnection from the network as a result of your breach of this agreement (provided that we, the code party, and the network operator have acted in accordance with good New Zealand electricity industry practice in relation to the disconnection unless the failure to act in accordance with such practice was a result of your actions or the actions of a third person); or
(ii) incorrector inadequate information provided to us by you; and
(b) any damage to any of our, the code party’s, the network operator's, or any other third party's equipment caused by your negligence or intentional action or inaction.
9.5 If you suffer loss or damage because of the action or inaction of the network operator, a code party, or Transpower, you can only claim from us a proportion of what we recover from the network operator, code party, or Transpower. If the amount we recover from the network operator relates to loss suffered by more than one of our customers, we will distribute the amount recovered in proportion to each affected customer's relative loss.
9.6 To the extent permitted by law, the network operator will have no liability to you in contract, tort (including negligence) or otherwise in respect of the supply of electricity to you under this agreement. If you are an embedded network consumer, you acknowledge and agree that the network operator will have no liability to you in contract, tort (including negligence) or otherwise in relation to the supply of electricity to you under this agreement.
9.7 You indemnify the network operator against any direct loss or damage caused or contributed to by your fraud, dishonesty or wilful breach of this agreement or by it or its officers, employees, agents or invitees arising out of, or in connection with, the services provided under the use of systems agreement. If you are an embedded network consumer, you will indemnify the network operator against all direct loss or damage caused or contributed to by your fraud, dishonesty or wilful breach of any terms of this agreement in relation to the embedded network.
9.8 You acknowledge and agree that that the acknowledgement and agreements referred to in clauses 9.2 to 9.4, 9.6, 9.7 and 9.11 are given by you for the benefit of any code party, including the network operator(as applicable) and are enforceable by any code party, including the network operator (as applicable), in accordance with section 12 of the Contract and Commercial Law Act 2017.
Cap on Liability
9.9 Subject to clause 9.10, the maximum liability that either of us may have to the other for loss or damage arising under this agreement will be, for all events occurring in any 12 month period, no more than the greater of:
(a) $10,000; or
(b) 20% of the annual electricity supply charges and metering services charges payable by you under this agreement.
9.10 The cap specified in clause 9.9 will not apply to your liability under clauses 9.4(b)and 9.7.
Application of the Consumer Guarantees Act 1993
9.11 You agree that to the extent that electricity supply services, metering services, line function services and other services that are supplied to you under this agreement are for the purposes of a business, the Consumer Guarantees Act 1993 does not apply. All warranties, guarantees and obligations imposed on the network operator or a code party to you concerning the services provided by the network operator or a code party by that Act or any other law are excluded from this agreement to the fullest extent permitted by law. If the Consumer Guarantees Act applies to this agreement, nothing in this agreement limits your rights under that Act.
9.12 If you on-sell electricity to an end-user, you agree to include in any agreement between you and an end-user,exclusions on the same terms as clause 9.11 to the fullest extent permitted by law.General Exclusion
9.13 All other liability, including any liability in tort or at law is hereby excluded to the maximum extent permitted by law.
10 TERMINATION
Use of System Agreement
10.1 If our agreement with any network operator is terminated, then this agreement will automatically terminate in relation to any points of supply supplied through that network operator's network.General Rights to Terminate
10.2 If either you or we ("defaulting party") fail to perform any of the covenants or obligations imposed upon it by this agreement, the other one of us not in default ("notifying party") may at its option terminate this agreement by:
(a)Serving on the defaulting party a written notice stating specifically the cause for terminating this agreement and its intention to do so. If we are the party issuing the notice, we will remind you that termination of this agreement will result in your disconnection.
(b) The defaulting party will have 10 business days after the service of the notice in which to remedy or remove the cause or causes stated in the notice for terminating this agreement.
(c) If within that 10 business day period the defaulting party removes or remedies the cause or causes and fully indemnifies the notifying party for any and all consequences of such breach, the notice of default will be deemed to be withdrawn and this agreement will continue in full force and effect.
(d) If the defaulting party does not so remedy and remove the cause or causes or does not indemnify the notifying party for any and all consequences of such breach within the 10 business day period (including the payment of default interest on any overdue amounts), the notifying party may give 24 hours notice of termination and disconnection to the defaulting party and this agreement will terminate on the day of expiry of the notice.
Upon termination in accordance with this clause we will disconnect your electricity supply.
If you are in default under this agreement because you have not paid our charges, we will only terminate this agreement and disconnect you if the charges you did not pay are electricity supply charges, metering services charges or line function services charges.
10.3 You or we may terminate this agreement immediately by giving notice in writing to the other parties, if the other:
(a) has a receiver, manager (including statutory manager) or similar person appointed in respect of the whole or any substantial part of its property or assets or security over any of its assets is exercised or becomes exercisable;
(b) passes a resolution, or any proceedings are commenced, for the liquidation of that party;
(c)makes an assignment for the benefit of, or enters into or makes any agreement or composition with its creditors; or
(d) proposes a re-organisation, amalgamation, moratorium or other form of administration in relation to its creditors or any debts or obligations; or(e)(if a company) is removed from the Register of Companies otherwise than as a consequence of an amalgamation under Part XIII of the Companies Act 1993.
10.4 We may also terminate this agreement immediately by giving notice in writing to you if:
(a) you undergo any material change in direct or indirect ownership, management or control; or
(b) any of the events or circumstances listed in clause 10.3(a) –(e)above occur in relation to the guarantor.
10.5 Any termination of this agreement will be without prejudice to our right to collect any amounts then due to us for electricity supplied prior to the time of termination and, where clause 9 applies, without waiver of any remedy to which the party not in default may be entitled for breach.
10.6 On the expiry, or earlier termination, of this agreement, we or our authorised personnel may enter each of your sites and disconnect each point of supply.
11 FORCE MAJEURE
11.1 Subject to clause 11.3 neither we nor you will be liable to the other for any act, omission or circumstance occasioned by or in consequence of any force majeure event.
11.2 Any force majeure event will be the subject of a meeting between our representatives, called by either us or you as soon as practicable after the happening or event.
11.3 Any force majeure event affecting performance by either us or you under this agreement will not relieve the affected party of liability in the event of its negligence or in the event of its failure to use reasonable endeavours to remedy the situation, nor will it relieve you from your obligations to make payments of amounts due to us.
11.4 If a force majeure event occurs, we will endeavour to return your electricity supply to normal as soon as practicable.
12 NOTICES
12.1 If any party wishes to give to or serve on any other party any notice, claim, demand or other communication (a "notice") under or in connection with this agreement, the notice will be sufficiently given or served (but without prejudice to any other mode of service) if in writing and addressed and posted, delivered, or sent by facsimile to the address of that party as stated in Part 1 of this agreement.
13 EXCHANGE OF INFORMATION AND CONFIDENTIALITY
13.1 Each of us agrees to co-operate in the full exchange of such planning and operating information as may be reasonably necessary for the timely and efficient performance of the obligations or the exercise of rights under this agreement.
13.2 We acknowledge that the information referred to in clause 13.1 may be information which arises between us and the network operator and that, subject to any confidentiality obligations between us and the network operator, we will notify you of any circumstances which we perceive are likely to affect your electricity supply. To this end, we will use our reasonable endeavours to obtain, from the network operator, particulars and details of any such matters which may affect you.
13.3 All information supplied by any party ("discloser") to the other ("recipient") under this agreement is confidential and will not be divulged in any way to any third party without the prior written approval of the discloser, provided that the recipient may, without such approval, disclose such matters or information:
(a) to its directors, officers, employees and professional advisers and the expert on a need to know basis;
(b) if and to the extent required pursuant to any necessarily applicable legislation (e.g. the Official Information Act 1982) or other legal requirement, or pursuant to the code, or the rules of a recognised stock exchange or similar trading market applicable to the recipient;
(c) to a bona fide purchaser of the assets or interests of the recipient, if reasonably required by the purchaser to do so, provided that the purchaser has signed an appropriate confidentiality undertaking; or
(d) to the extent that the information has become generally available to the public other than as a result of unauthorised disclosure by the recipient.
13.4 In any case in which the recipient discloses any matters or information referred to in sub-clause 13.3(d), the recipient will notify the discloser of the information which has been disclosed.
14 ASSIGNMENT
14.1 Either we or you may assign any of our respective rights or obligations under this agreement with prior written consent of the other party, consent not to be unreasonably or arbitrarily withheld in the case of a reputable, responsible and solvent assignee able to fulfil all of the assignor's obligations under this agreement. In the event of any such assignment, the assignor will not be relieved of its obligations under this agreement and it will be a precondition to any such assignment that the assignee will enter into a deed of covenant agreeing to be bound by the provisions of this agreement.
14.2 In addition to the rights to assign under clause 14.1 we may assign any of our rights or obligations under this agreement to another electricity retailer.
14.3 If we commit an event of default as referred to in clause 11.15B of the code, you agree that the Electricity Authority may transfer all of our rights and obligations under this agreement to another electricity retailer. If that happens the terms of this agreement may be amended to the standard terms that the other retailer would have offered you immediately before the event of default or to such other terms that the other retailer and the Electricity Authority agree. In addition the terms of this agreement may be amended to include a minimum term in respect of which you must pay a cancellation fee if you cancel this agreement before the expiry of that term.You also agree that in the event of such a default we may provide information about you to the Electricity Authority and the Electricity Authority may provide that information to another retailer. Clause 14.2 and this clause 14.3 are for the benefit of the Electricity Authority for the purposes of the Contract and Commercial Law Act 2017 and may not be amended without the consent of the Electricity Authority.
15 MISCELLANEOUS
Waiver
15.1 No right under this agreement will be deemed to be waived except by notice in writing signed by the waiving party. A written waiver by any party will not prejudice its rights in respect of any subsequent breach of this agreement by the other party. Subject to the provisions of this clause, any failure by any party to enforce any clause of this agreement, or any forbearance, delay or indulgence granted by any party to any other party will not be construed as a waiver of that party's rights under this agreement.
Survival
15.2 Each provision of this agreement survives the termination of this agreement to the extent unfulfilled, and remains enforceable and does not merge on performance of another provision.
Compliance
15.3 Each party agrees to comply fully with all laws, including the code, which relate to the electricity supply to each of your sites.
Privity
15.4 Any provision in this agreement expressed to be for the benefit of a network operator may be enforced by that network operator pursuant to the Contract and Commercial Law Act 2017, but otherwise the parties do not intend to create any rights or benefits enforceable by any third party.
Change in circumstances
15.5 If any regulatory body, agency or court of law determines that this agreement, its operation or effect is unjust, unreasonable, unlawful or not in the public interest, each of us will be relieved of our respective obligations only to the extent necessary to eliminate such determination. We will then promptly attempt to renegotiate the relevant terms and conditions of this agreement so as to restore the original balance of benefits and obligations.
Entire agreement
15.6 The provisions of this agreement, together with any credit terms agreed by us, constitute the entire agreement between us and you and supersede all previous written agreements and communications, whether oral or written, between us and you.
16 COMPLAINTS AND DISPUTE RESOLUTION
16.1 If you have a complaint or wish to give us feedback on any aspect of our service, you are invited to contact us in the first instance using the contact details in Part 1.
16.2 If it is more appropriate that your complaint is managed by the network operator rather than us, we will refer your complaint to the network operator (unless we have agreed otherwise with the network operator). It will then be the responsibility of the network operator to address and resolve your complaint. We will tell you in writing if we refer the complaint, and will give you the name and contact details of the network operator.
16.3 If the complaint relates to Meridian, usually contacting Meridian will be enough to resolve your complaint. If your complaint cannot be resolved by contacting the Meridian contact person in this agreement, that person will pass the complaint to Meridian's free in-house complaint resolution process where a member of Meridian's Customer Resolution Team will take responsibility for working with you to a fair resolution. That team will acknowledge your complaint in writing within two business days (unless the complaint is oral and you agree to an oral acknowledgement) and provide an initial response to your complaint as soon as possible taking account of the urgency of your complaint and in any event within seven business days from the day you made the complaint. They will:
(a) investigate your problem or complaint;
(b) liaise with the relevant people within Meridian or third party companies to resolve your issue;
(c) keep you up to date on progress; and
(d) provide you with a single point of contact if you have further queries or concerns.
16.4 Meridian is part of the Energy Complaints Scheme under the Electricity Industry Act 2010. The scheme is operated by Utilities Disputes Limited (Utilities Disputes), who offer a free and independent service. You may refer a complaint to Utilities Disputes. Further information regarding the Energy Complaints Scheme and when you can refer your complaint to Utilities Disputes is available from their website (www.utilitiesdisputes.co.nz),by phoning them on 0800 22 33 40 or writing to them at PO Box 5875, Lambton Quay, Wellington 6145.
16.5 If you have a complaint, dispute or disagreement with Meridian that cannot be considered by Utilities Disputes, or that Utilities Disputes decides not to consider, or that falls outside the jurisdictional limit of Utilities Disputes, or that you prefer not to submit to Utilities Disputes, or if Meridian has its own dispute or disagreement with you that you have not referred to Utilities Disputes and do not refer to Utilities Disputes, or that cannot be considered by Utilities Disputes, or that Utilities Disputes decides not to consider, or that falls outside the jurisdictional limit of Utilities Disputes, then it shall be resolved according to the dispute resolution procedure set out below:
(a) Both parties will mediate any dispute in terms of the LEADR (New Zealand) Incorporated standard mediation agreement in force at the time the dispute is notified in writing by one party to the other;
(b) The mediation will be conducted by a mediator and at a fee to be agreed by the parties.Failing agreement, the mediator will be selected and its fee determined by the chair of LEADR (New Zealand) Incorporated;
If the parties are unable to resolve the dispute by mediation within 1 month of the written notice given under clause 16.5 (a) the matter will be referred to the arbitration in Wellington of a single arbitrator agreed by the parties. If the parties cannot agree on an arbitrator then the reference to arbitration will be to single arbitrator appointed for the parties, at either party’s request, by the President of the New Zealand Law Society. Any such reference to arbitration under this clause will be a submission to arbitration within the meaning of the Arbitration Act 1996.
16.6 Pending resolution of any dispute, the parties will continue to perform their respective obligations pursuant to the provisions of this agreement.
16.7 Nothing in clause 16.5 prevents any party from taking immediate steps to seek equitable relief before an appropriate Court.
17 ADDITION AND DELETION OF SITES
17.1 You may, at any time, request the deletion of one or more sites(each a “deleted site”) from this agreement by giving us at least 30 days prior written notice if:
(a) you cease to own or leasethat site; and/or
(b) the site is de-energised for any reason.
17.2 You shall remain liable for all charges incurred in relation to each deleted site up to the effective date of its deletion and in relation to any obligation under this agreement that, expressly or impliedly, survives the deletion of that deleted site. You shall also be liable for our costs for de-energising the site, where applicable.
17.3 Where a deleted site is removed from this agreement (as applicable), this agreement shall be amended to remove the relevant site(s)from this agreement (as applicable) and amend any other terms as agreed by the parties. Any such amendment will be made in writing. Deleted sites shall cease to be covered by this agreement from the date stated in the applicable amendment.
18 APPLICATION OF THIS AGREEMENT TO DISTRIBUTED UNMETERED LOAD
18.1 Where applicable, you must keep an up to date database of all your distributed unmetered load, that records the ICP number, location, load type description, wattage capacity and ballast loss capacity (in kW) of each item of load. You will provide to us, on request, a copy of records from your database and all information and assistance necessary to satisfy us that you are meeting your obligations under this clause. You must record all additions, changes and deletions in your database identifying the before and after values, the date and time of such addition, change or deletion, and the person making the addition, change or deletion. Your database must track the time of additions, changes and deletions in a way that enables the total load in kW to be retrospectively derived for any day.
18.2 On or before the first business day of each month, you will calculate and email to hhda@meridianenergy.co.nz (or such other address as nominated by us from time to time) the total wattage capacity(including lamp, ballast and any other control equipment) for each distributed unmetered load ICP listed in the Site Information in Part 1 of this agreement in the format specified by us.
18.3 You will be responsible for notifying us, and the network operator (if required by them) of any changes in the total wattage capacity of your distributed unmetered load ICPs.
18.4 You will be responsible for all costs associated with complying with the requirements set out in clauses 18.1 to 18.3 above.
Compliance with the requirements of the code
18.5 The distributed unmetered load database maintained by you must comply at all times with the requirements of the code. Where you do not comply with the requirements set out in clauses 18.1 to 18.4 of this agreement to our satisfaction, you will be in breach of this agreement and we may terminate this agreement in accordance with clause 10 of this agreement.
18.6 We may, during normal business hours and on one weeks’ written notice to you, audit your distributed unmetered load database or have a third party do so. You are to provide all assistance and records that are requested by us or our auditor in relation to any such audit in a reasonable time frame. We reserve the right to pass on the cost of any such audit at our discretion.
18.7 Where your database fails to meet the requirements of this agreement and the code, you shall:
(a) within one calendar month, correct any issues of non-compliance, including by updating any relevant processes and procedures,raised by us or the Electricity Authority in respect of your database; and
(b) pay any fees, charges, levies or other such costs imposed on us for a breach of the code due to an audit of, error within or non-compliance in respect of the distributed unmetered load database directly or indirectly resulting from incorrect or outdated information supplied to us by you.
18.8 On demand by us, you shall pay a reconciliation fee.
19 INTERPRETATION
19.1 In this agreement, unless the context otherwise requires:
"approved test house" means an organisation that has been approved in accordance with the code to certify metering installations of that meter class;
"business day" means any day of the week other than a Saturday, Sunday, or a national holiday;
"business hours" means 8am to 5pm on business days;
"charges" means electricity supply charges,export electricity supply charges,metering services charges, line function services charges and any other charges, levies, fees, taxes and costs applicable under this agreement or agreed by you and us;
"code" means the Electricity Industry Participation Code 2010, as amended from time to time;
"code party" means a person other than Meridian and you who has rights or obligations under the code relating to a metering installation on a site(including a metering equipment provider).
"commencement date" means, in relation to each site,the date set out in Part 1 of this agreement;"constrained supply situation" includes situations such as local or national electricity shortages (due to low hydroelectric storage, fuel shortages, generating plant outages, transmission constraints or otherwise);
"consumer" has the meaning given to that term in Part 1 of the code;
"default interest rate" means the Westpac Banking Corporation's 90-day bank bill bid rate on the relevant date or next business day plus 5% per annum;
“distributed unmetered load” means unmetered load with a single profile, with a single customer, across more than one point of connection (commonly including streetlights);
"EG" means an embedded generation ICP connection;
"electricity supply services" means the supply of electricity to your points of supply;
"embedded network" has the meaning given to that term in Part 1 of the code;
"embedded network consumer" means a consumer with equipment connected to an embedded network;
"embedded generator" has the meaning given to that term in Part 1 of the code;
"embedded network owner" means the owner or operator of an embedded network;
"EN" means an embedded network ICP connection;
“equipment” includes, as the circumstances require, all metering installations, meters, switches, relays, fuses, wiring and other equipment that uses or is used (or intended or designed to be used) in or in connection with the generation, conversion, transformation, conveyance or use of electricity. A reference to the lines company’s equipment includes a reference to equipment owned by the lines company’s agent or any other third party the lines company has contracted with for the use of that equipment;
"expiry date" means, in relation to each site,the date set out in Part 1 of this agreement;
"force majeure event" means any event or circumstances beyond the control of either of us, and includes any act of God, force of nature (including weather events), act of war, terrorism or sabotage, earthquake, fire, lightning or other natural catastrophe, strikes, lockouts, civil disturbances, a partial or entire failure by the Transpower network or the local network (owned by the network operator), explosion, breakage or accident to any equipmentor a facility owned by either of us (being equipment or a facility necessary to supply, deliver or take electricity under this agreement);
"GD" means a grid direct ICP connection;
"GN" means a local network ICP connection;
"GST" means goods and services tax as defined by the Goods and Services Tax Act 1985;
"grid exit point" means any point of connection between Transpower and a local network where electricity may flow out of one network and into another;
“guarantor” means the guarantor of your obligations listed in Part 1 of this agreement (if any);
"half hour" means any period of 30 consecutive minutes commencing substantially at any hour or substantially at any 30 minutes past the hour;
"interest" means the Westpac Banking Corporation's 90-day bank bill bid rate on the relevant date or next business day plus 2% per annum accruing daily and compounding monthly;
"kWh" means kilowatt hour;
"line function services" means the provision and maintenance of works for the conveyance of electricity and the operation of such works, including the control of voltage and assumption of responsibility for losses of electricity;
"load management" means the control of electricity flowing to your sites by way of load management switches in, over, on or relating to your sites;
"local distribution losses" means the difference between the electricity injected at the grid exit point and the electricity delivered to the points of supply supplied by that grid exit point;
"metering equipment provider" has the meaning given to that term in the Electricity Industry Act 2010.
"metering installation" means meters, including the cell phone and modem, load and meter control devices (but not their control signals or means of generation), data loggers, test blocks, measuring transformers, error compensation processes, fittings, equipment, wiring and installations used for the measurement and storage or metering information that is used for the purposes of the code,and all related equipment and wiring, including current transformers and voltage transformers;
"metering point" means that point on each of your sites at which electricity is metered;
"metering services" includes reading and reconciling the readings from the meters on your sites and, where we provide you with meters, may include provision, installation, and certification of the metering installations;
"month" means calendar month;
"national holidays" means the days on which Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, New Year's Day, the day after New Year's Day and Waitangi Day are observed for statutory holiday purposes;
"network" means the plant, lines and other facilities to which the relevant point of supply is connected;
"network connection standards" means any network connection standards, electricity distribution code or other similar document issued by the network operator from time to time;
"network operator" means the person operating the plant, lines and other facilities to which the relevant point of supply is connected;
"point of supply" in relation to each of your sites, means the point or points listed in Part 1 of this agreement at which fittings, used or intended to be used for the purposes of supplying electricity to those sites, enter those sites;
"SB" means embedded network residual load;
"site" means each of your sites listed in Part 1of this agreement for which the contract type is time of use (TOU);
"spot rate" means the final charge for the grid exit point (as those terms are defined in the code) that relates to the relevant point of supply;
"supply start date" means the date we commence supplying electricity to you, determined in accordance with the Supply Start Date and Term section of this Part 2;
"this agreement" means all 2 parts of this agreement including Parts 1 and 2 as amended from time to time;
"total wattage capacity" means the sum of the wattage capacities of all distributed unmetered load, including streetlights or traffic lights, supplied through an ICP;
"Transpower" means Transpower New Zealand Limited;
"Transpower network" means the national electricity distribution network operated by Transpower;
"use of system agreement" means the use of system agreement between us and the relevant network operator relating to the conveyance of electricity to any of your sites;"your installations" means the electrical systems and equipment belonging to you.
19.2 All references to time in this agreement have been expressed in terms of New Zealand standard time or New Zealand daylight time as appropriate, as those terms are described in the Time Act 1974.
19.3 Words importing persons include corporations and vice versa.
19.4 A reference to any law is to New Zealand law including statutes, regulations, rules, orders, ordinances and by-laws and including as amended or re-enacted.
19.5 The headings used in this agreement are for ease of reference only and are not to be used in interpreting the provisions.
19.6 Unless the context otherwise requires, words denoting the singular number include the plural and vice versa.
Direct Debit Terms and Conditions
Please find the downloadable version here.
In these terms and conditions Initiator means Meridian Energy Limited.
- You may ask your bank to reverse a direct debit up to 120 calendar days after the debit if:
- You don’t receive a written notice of the amount and date of each direct debit from the initiator, or
- You receive a written notice but the amount or the date of debiting is different from the amount or the date specified on the notice.
- You may ask your bank to reverse a direct debit up to 9 months after the date the initiator sent the first direct debit under the authority if you are not reasonably satisfied that the authority authorised your bank to debit your account with the amount of the direct debit.
- The initiator is required to give you a written notice of the amount and date of each direct debit no less than 10 calendar days before the date of the debit.
- For weekly/fortnightly variable payments, the initiator is required to give you a written notice of the amount and date of each direct debit no less than 2 business days before the date of the debit.
- For notice no later than the date of the debit, the initiator may only send a direct debit if you have asked the initiator to send it and agreed the amount of the direct debit. The initiator is required to give you a written notice of the amount and date of each direct debit no less than the date of the debit.
- The initiator is required to give a written notice of the amount and date of each direct debit in a series of direct debits no less than 10 calendar days before the date of the first direct debit in the series. The notice is to include the dates of the debits, and the amount of each direct debit.
- If the bank dishonours a direct debit but the initiator sends the direct debit again within 5 business days of the dishonour, the initiator is not required to give you a second notice of the amount and date of the direct debit.
- If the initiator proposes to change an amount or date of a direct debit specified in the notice, the initiator is required to give you notice no less than 30 calendar days before the change.
OnSite renewable generation terms and conditions
(Effective from 8 April 2013)
These renewable generation terms and conditions govern the relationship between Meridian Energy Limited and you relating to you generating electricity on your premises and exporting electricity into the network.
These terms are in addition to and form part of your agreement with us that is recorded in our Standard Terms and Conditions for the Supply of Electricity. We may change these terms in the same way that we can change our standard terms.
When you can generate electricity
You may generate electricity, or allow electricity to be generated, on your premises only while all of the following criteria are met:
- Your premises are connected to a network where Meridian is a retailer of electricity.
- We supply electricity to you as a Meridian customer under our standard terms and you are on one of our renewable generation pricing plans.
- The electricity you wish to generate and export into the network is to be generated by generation equipment that is:
- located on your premises; and
- capable of generating no more than 10 kilowatts (kW) unless otherwise agreed with us.
- You have provided us with a copy of your network connection approval from your lines company and you comply with it at all times. (To obtain a network connection approval, you will need to contact your lines company. Please contact us if you would like us to advise you who your lines company is.)
- You have an export meter at your premises that complies with our operational requirements and the Code.
- Your generation equipment is not being operated in a manner which, in our opinion, is likely to cause damage or injury to property or any person.
- We have agreed to your generation equipment sending electricity into the network (which we may do or decline to do at our sole discretion).
Our obligations
We are not obliged to perform our obligations under these terms if:
- you no longer meet one or more of the criteria in clause 2.1; or
- you breach any of your obligations under these terms or our standard terms.
Meters
If you do not have an export meter at your premises at the time you apply to us to generate electricity on your premises, we will arrange for one to be installed. You may not install an export meter or arrange to have one installed.
We will ensure an appropriate export meter is installed and charge you for that installation.
Your and our rights and obligations under our standard terms relating to meters also apply to the export meter. References to "meter" in our standard terms shall be read as including "export meter" and references to electricity usage shall be read as including your electricity generation.
Our prices for exported electricity
We will pay you for your exported electricity in accordance with your agreed exported electricity pricing plan plus GST (if any).
If you contact us, we can provide a copy of your exported electricity pricing plan (which may be the standard exported electricity plan for your area).
We may change the price we pay you for your exported electricity, in the same way we change rates, fees and charges under our standard terms.
Any line charges rebates received by us from the lines company relating to your exported electricity will not be passed on to you, as these are factored into our prices.
Invoices and payment for exported electricity
Because it is difficult for us to estimate your exported electricity, we will only pay you for your actual exported electricity which we have determined:
- by reading your export meter (which we may do physically or remotely and will do in accordance with our standard terms); or
- on the basis of an export meter reading that we receive from you that was taken and provided to us within seven days of the date of our invoice to you for your electricity supply, in which case we will send you a new invoice for your actual exported electricity.
We will provide you with an invoice showing the amount you are entitled to be paid for your actual exported electricity. We will provide that invoice to you at the same time that we invoice you for your electricity supply based on an actual meter read. We will also tell you whether, in aggregate, you have to pay us or we have to pay you.
If you are entitled to a payment from us for exported electricity, we will pay that amount on the due date on our invoice by a method of our choosing. For example, we may:
- credit your electricity account; or,
- pay you by direct credit to your nominated bank account
You must promptly tell us if your GST registration status changes at any time while you are generating electricity on your premises and exporting that electricity into the network.
Compliance with laws
You are responsible for ensuring that you comply with all legal requirements (including under the Code) and industry standards concerning the installation and use of the generation equipment, except that we will ensure that your export meter complies with the requirements of the Code. For example, if there are resource consents required to operate, or local environmental standards governing generation equipment, you are responsible for securing all necessary consents and complying with all ongoing requirements.
Consumer Guarantees Act
The Consumer Guarantees Act does not apply to these terms to the extent that you are receiving services from us for use in a business. If the Consumer Guarantees Act applies to these terms, nothing in these terms limits your rights under that Act.
Problems with lines or equipment
We are not responsible for problems with the electrical lines or equipment that affect your generation equipment or your ability to send electricity into the network (except that we are responsible for ensuring that your export meter complies with the Code). If you have problems with electrical lines or equipment for which a lines company or Transpower is responsible, please contact that company.
Definitions and interpretation
Terms in bold in these terms which are not defined below have the meanings given in the "Definitions" section of our standard terms. In these terms, unless the context otherwise requires:
- code means the Electricity Industry Participation Code 2010, as amended or substituted from time to time.
- exported electricity means electricity generated on your premises and sent into the network.
- export meter means metering and other equipment installed at your premises that is used to measure exported electricity.
- generation equipment means any equipment used for the generation of electricity
- network connection approval means written approval from a lines company that permits you to connect, and maintain connection of, your generation equipment to the network and to send electricity from your generation equipment into the network.
- standard terms means Meridian's standard terms and conditions for the supply of electricity.
- terms means these renewable generation terms and conditions.
If there is any inconsistency between these terms and our standard terms, these terms will prevail.
Service Fees
Information about service fees including disconnection and reconnection can be found on our fees page.
Plans
Super Saver Plan
1. This plan is available from the 26 November 2018 until further notice for:
a. new customers who join Meridian; or
b. existing customers who wish to switch to the Super Saver Plan. This plan is not available for existing customers who are on a Fixed Rate Plan.
2. To be eligible for this plan, you must meet the following criteria:
a. you must meet Meridian’s standard customer eligibility criteria (for example: credit criteria, refer to Meridian’s Standard Terms and Conditions for the Supply of Electricity for more information); and
b. Meridian must accept you as a customer.
3. On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity.
4. The Super Saver Plan is a Fixed Rate or Fixed Energy Plan,
a. Fixed Rates under the Super Saver Plan are available if:
• you are a residential consumer as listed on the national electricity registry; and
• you sign up to a two or three year Fixed Rate Plan.
b. Fixed Energy Rates under the Super Saver Plan are available if:
• you are a small-to-medium business customer; and
• you sign up to a two or three year Fixed Energy Plan.
5. If you receive Fixed Rates under the Super Saver Plan, you’ll also be subject to the Fixed Rate Plan (FRP) terms and conditions.
6. If you receive Fixed Energy Rates under the Super Saver Plan, you’ll also be subject to the Fixed Energy Plan (FEP) terms and conditions.
7. If you receive a credit or gift as part of your offer, the relevant offer terms and conditions, will apply under our residential terms and conditions or our business terms and conditions as applicable.
8. If you join or switch to the Super Saver Fixed Energy Plan on or after 17 May 2019 you will also be subject to the Exit Fee terms and conditions
9. If you choose to receive your bill by email (PDF), you undertake to keep Meridian updated with a valid email address.
10. If you choose to receive paper bills by post, this will incur an administration fee per invoice. Details of these fees can be found on our fees page.
11. Meridian reserves the right to cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
12. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Everyday Economy Plan
1. This plan is available from the 26 November 2018 until further notice for:
a. new customers who join Meridian; or
b. existing customers who wish to switch to the Everyday Economy Plan.
2. To be eligible for this plan, you must meet the following criteria:
a. you must meet Meridian’s standard customer eligibility criteria (for example: credit criteria, refer to Meridian’s Standard Terms and Conditions for the Supply of Electricity for more information); and
b. Meridian must accept you as a customer.
3. On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity.
4. The Everyday Economy Plan is a Fixed Rate
a. Fixed Rates under the Everyday Economy Plan are available if:
• you are a residential consumer as listed on the national electricity registry; and
• you sign up to a two year Fixed Rate Plan.
5. If you receive Fixed Rates under the Everyday Economy Plan, you’ll also be subject to the Fixed Rate Plan (FRP) terms and conditions .
6. If you receive a credit or gift as part of your offer, the relevant offer terms and conditions, will apply under our residential terms and conditions or our business terms and conditions as applicable.
7. If you choose to receive your bill by email (PDF), you undertake to keep Meridian updated with a valid email address.
8. If you choose to receive paper bills by post, this will incur an administration fee per invoice. Details of these fees can be found on our fees page.
9. Meridian reserves the right to cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
10. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Smart Value Plan
1. This plan is available from the 26 November 2018 until further notice for:
a. new customers who join Meridian; or
b. existing customers who wish to switch to the Smart Value Plan.
2. To be eligible for this plan, you must meet the following criteria:
a. you must meet Meridian’s standard customer eligibility criteria (for example: credit criteria, refer to Meridian’s Standard Terms and Conditions for the Supply of Electricity for more information); and
b. Meridian must accept you as a customer.
3. On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity.
4. The Smart Value Plan is a Fixed Rate or Fixed Energy Plan,
a. Fixed Rates under the Smart Value Plan are available if:
• you are a residential consumer as listed on the national electricity registry; and
• you sign up to a two year Fixed Rate Plan.
b. Fixed Energy Rates under the Smart Value Plan are available if:
• you are a small-to-medium business customer; and
• you sign up to a two or three year Fixed Energy Plan.
5. If you receive Fixed Rates under the Smart Value Plan, you’ll also be subject to the Fixed Rate Plan (FRP) terms and conditions.
6. If you receive Fixed Energy Rates under the Smart Value Plan, you’ll also be subject to the Fixed Energy Plan (FEP) terms and conditions.
7. If you receive a credit or gift as part of your offer, the relevant offer terms and conditions, will apply under our residential terms and conditions or our business terms and conditions as applicable.
8. If you choose to receive your bill by email (PDF), you undertake to keep Meridian updated with a valid email address.
9. If you choose to receive paper bills by post, this will incur an administration fee per invoice. Details of these fees can be found on our fees page.
10. Meridian reserves the right to cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
11. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Simple Flexi Plan
1. This plan is available from the 26 November 2018 until further notice for:
a. new customers who join Meridian; or
b. existing customers who wish to switch to the Simple Flexi Plan.
2. To be eligible for this plan, you must meet the following criteria:
a. You must meet Meridian’s standard customer eligibility criteria (for example: credit criteria, refer to Meridian’s Standard Terms and Conditions for the Supply of Electricity for more information); and
b. Meridian must accept you as a customer.
3. On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity.
4. The Simple Flexi Plan is a Variable Rate Plan, which means all rates under this plan can be changed at any time. We will give you 30 days’ notice in advance of any increase in our rates, fees or charges, together with our reasons for that increase. If our rates, fees or charges are increasing by more than 5% (and the increase is reasonably likely to have a material effect on consumers) then we will give you an individual notice of that increase in writing.
5. If you receive a credit or gift as part of your offer, the relevant offer terms and conditions, will apply.
6. If you choose to receive your bill by email (PDF), you undertake to keep Meridian updated with a valid email address.
7. If you choose to receive paper bills by post, this will incur an administration fee per invoice. Details of these fees can be found on our fees page.
8. Meridian reserves the right to cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
9. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Pricing
Fixed Energy Plan (FEP) terms and conditions
- Any terms and conditions set out in any offer to you ("Offer") form part of Meridian's Fixed Energy Plan ("Plan") terms and conditions. The terms and conditions of the Plan are additional to, and should be read in conjunction with, our Standard Terms and Conditions for the Supply of Electricity ("Standard Terms"). In the event of inconsistency between the Plan terms and conditions and our Standard Terms, the Standard Terms shall prevail, except that the first sentence of clause 12.6 of our Standard Terms (which deals with changes to rates) will not apply to the fixed Meridian charges payable by you.
- Our Fixed Energy Plan applies only to the electricity you purchase from us. It does not apply to export electricity that we purchase from you unless you agreed to an export Fixed Energy Plan before 26 February 2013 (in which case they apply until the Expiry Date of that plan).
- The charges applicable to your Fixed Energy Plan are set out in our Offer. Subject to paragraphs 4, 5 and 6 below, only the rates set out under the "Meridian charges" section in our Offer are fixed. The other charges contained in our Offer, including the "Network charges" and the "Electricity Authority Levy Charge", are not fixed and may be changed during the term of the Plan, provided we have advised you of that change in accordance with our Standard Terms.
- If the amount of Goods and Services Tax ("GST") that applies to your rates changes during the term of the Plan, we may change the quoted rates to reflect that change to GST, provided we have advised you of that change in accordance with our Standard Terms.
- Meridian may recover any additional governmental or regulatory charges that it incurs during the term of the Plan and which are not otherwise provided for in paragraphs 3 and 4 above, provided we have advised you of the change in accordance with our Standard Terms.
- If, for any reason, the information that Meridian has relied on to set the charges for you under this Plan is incorrect (for example, if the meter set-up referred to on your previous retailer's bill differed to your actual set-up), Meridian may adjust your charges, as Meridian considers necessary.
- If you are entitled to a discount it will be shown on your invoice.
- Start Date: The Plan will start on the Start Date. "Start Date" means the date outlined in our Offer to you.
- Expiry Date: The Plan will expire on the Expiry Date, unless it terminates at an earlier date in accordance with these terms and conditions. "Expiry Date" means the date outlined in our Offer to you.
- Meridian will endeavour to offer you the option of either moving on to a variable pricing plan or accepting the terms and conditions of a new Fixed Energy Plan (“New Fixed Energy Plan”), prior to and with effect from the Expiry Date ("New Offer").
- You must agree and accept the terms and conditions of one of the options in the New Offer or switch to another retailer. If you fail to advise us of which option you accept by the date set out in the New Offer, you will be deemed to have accepted the terms and conditions of the New Fixed Energy Plan.
- If we have not made you a New Offer prior to the Expiry Date, we agree to continue to supply electricity to you under the terms and conditions of this Plan and paragraph 11 will only apply from the date at which we contact you with a New Offer.
- Relocation: Meridian's Fixed Energy rates differ between Network regions and meter configurations, and are not available in some Network regions and/or with some meter configurations. This means that if you move premises before the Expiry Date the following will apply:
- if Meridian makes a Fixed Energy plan available at your new location, you may remain on the Plan, however the rates that will apply will be the rates applicable at that new location, as at the Start Date of the Plan. You will be charged at the rates applicable to your new location from the date that Meridian is recorded on the Registry as the retailer of the Installation Control Point(s) ("ICP(s)") located at your new premises ("Transfer Date").
- if Meridian does not make a Fixed Energy plan available at your new location, then before you relocate you must either:
- accept and agree to a new plan, in which case the Plan will terminate on the Transfer Date and your new plan will apply to electricity we supply to your new premises after that date; or
- switch to a different electricity retailer, in which case the Plan will terminate on the date your new electricity retailer is recorded on the Registry as the retailer at the ICP(s) located at your new premises and Exit Fees will apply in accordance with paragraph 14 below (unless paragraph 15 applies).
- Termination: The Plan will terminate if:
- you terminate the Plan by notifying us by calling 0800 496 777 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- if you switch to another electricity retailer, on the date that your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s); or
- if you remain with Meridian but switch to another plan, from the date you accept and agree to the terms and conditions of the new plan.
- you move premises as described in paragraph 13 above and do not remain on the Plan. In these circumstances the Plan will cease to apply on the date determined in accordance with paragraph 13;
- you advise another electricity retailer that you wish to switch your electricity supply. In these circumstances the Plan will cease to apply on the date your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s); or
- the lines company's price category for your ICP(s) changes (which means that the basis on which we have set your energy price has changed), or the capacity or metering configuration of the Serviced ICP(s) changes, and Meridian determines, at its sole discretion, that it no longer wishes to make the Plan available to those ICPs. In these circumstances Meridian will give you at least 30 days' written notice of the date on which the Plan will cease to apply and will advise you of the alternative plans and rates available to you after that date.
- you terminate the Plan by notifying us by calling 0800 496 777 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- These terms and conditions apply to all new Fixed Energy Plans that start on or after 3 August 2016. They replace any previous agreement(s) we have with you.
Exit Fee terms and conditions
1. These terms and conditions form part of Meridian's Fixed Energy Plan ("Fixed Energy Plan") terms and conditions. Any terms and conditions set out in any offer to you ("Offer") form part of the Fixed Energy Plan terms and conditions.
2. Early Termination: Subject to clauses 3 and 4, if you terminate your Fixed Energy Plan or you close any individual Installation Control Point serviced under the Fixed Energy Plan ("Serviced ICP”) before the expiry date outlined in our Offer to you (“Expiry Date”), Meridian will charge you the greater of:
a. an exit fee of $300 per ICP ("Exit fee"), for each Serviced ICP; or
b. if you received a credit, an amount equal to the value of the credit.
Exceptions to obligation to pay Exit Fee:
3. You will not be charged an Exit Fee if:
a. you terminate the Fixed Energy Plan within 5 days of the start date outlined in our Offer to you;
b. you terminate the Fixed Energy Plan within 30 days of the Expiry Date;
c. you terminate the Fixed Energy Plan because we change the rate you are on because you no longer meet our criteria for that rate and clause 2.2 of our Standard Terms does not apply (see clause 12.5 of the Standard Terms);
d. we change our Standard Terms and you are disadvantaged by that change (see clause 20.7 of the Standard Terms) and you terminate your Fixed Energy Plan and switch to a different electricity retailer within 30 days of our change and tell us that your decision to do so was because of our change; or
e. we breach a material term of our Standard Terms or persistently breach our Standard Terms, and you terminate your Fixed Energy Plan and switch to a different electricity retailer within 30 days of our breach and tell us that your decision to do so was because of our breach.
4. In accordance with the Fixed Energy Plan terms and conditions, Meridian will endeavour to offer you the option of either moving on to a variable pricing plan or accepting the terms and conditions of a new Fixed Energy Plan (“New Fixed Energy Plan”), prior to and with effect from the Expiry Date ("New Offer"). You must agree and accept the terms and conditions of one of the options in the New Offer or switch to another retailer. If you fail to advise us of which option you accept by the date set out in the New Offer you will:
a. be deemed to have accepted the terms and conditions of the New Fixed Energy Plan; and
b. not be charged an Exit Fee if you terminate the New Fixed Energy Plan before the expiry date of the New Fixed Energy Plan.
Fixed Rate Plan (FRP) terms and conditions
- Any terms and conditions set out in any offer to you ("Offer") form part of Meridian's Fixed Rate Plan ("Plan") terms and conditions. The terms and conditions of the Plan are additional to, and should be read in conjunction with, our Standard Terms and Conditions for the Supply of Electricity ("Standard Terms"). In the event of inconsistency between the Plan terms and conditions and our Standard Terms, the Standard Terms shall prevail, except that the first sentence of clause 12.6 of our Standard Terms (which deals with changes to rates) will not apply to the Fixed Rates payable by you.
- Our Fixed Rate Plan applies only to the electricity you purchase from us. It does not apply to export electricity that we purchase from you unless you signed up to an export Fixed Rate Plan before 26 February 2013 (in which case it applies until the Expiry Date of that plan).
- The charges applicable to your Plan are set out in our Offer. Subject to paragraph 4, 5 and 6 below, the rates set out under the "Fixed Rate" section in our Offer are fixed during the term of the Plan. The Electricity Authority Levy charge set out in our Offer is not fixed and may be changed during the term of the Plan, provided we have advised you of that change in accordance with our Standard Terms.
- If the amount of Goods and Services Tax ("GST") that applies to your rates changes during the term of the Plan, we may change the quoted rates to reflect that change to GST, provided we have advised you of that change in accordance with our Standard Terms.
- Meridian may recover any additional governmental or regulatory charges that it incurs during the term of the Plan and which are not otherwise provided for in paragraphs 3 and 4 above, provided we have advised you of the change in accordance with our Standard Terms.
- If, for any reason, the information that Meridian has relied on to set the charges for you under this Plan is incorrect (for example, if the meter set-up referred to on your previous retailer's bill differed to your actual set-up), Meridian may adjust your charges, as Meridian considers necessary.
- If you are entitled to a discount it will be shown on your invoice.
- Start Date: The Plan will start on the Start Date. "Start Date" means the date outlined in our Offer to you.
- Expiry Date: The Plan will expire on the Expiry Date, unless it terminates at an earlier date in accordance with these terms and conditions. "Expiry Date" means the date outlined in our Offer to you.
- Meridian will endeavor to offer you the option of either moving on to a variable pricing plan or accepting the terms and conditions of a new Fixed Rate Plan (“New Fixed Rate Plan”), prior to and with effect from the Expiry Date ("New Offer").
- You must agree and accept the terms and conditions of one of the options in the New Offer or switch to another retailer. If you fail to advise us of which option you accept by the date set out in the New Offer, you will be deemed to have accepted the terms and conditions of the New Fixed Rate Plan.
- If we have not made you a New Offer prior to the Expiry Date, we agree to continue to supply electricity to you under the terms and conditions of this Plan and paragraph 11 will only apply from the date at which we contact you with a New Offer.
- Relocation: Meridian's Fixed Rates differ between Network regions and meter configurations, and are not available in some Network regions and/or with some meter configurations. This means that if you move premises before the Expiry Date the following will apply:
- if Meridian makes a Fixed Rate plan available at your new location, you may remain on the Plan, however the rates that will apply will be the rates applicable at that new location, as at the Start Date of the Plan. You will be charged at the rates applicable to your new location from the date that Meridian is recorded on the Registry as the retailer of the Installation Control Point(s) ("ICP(s)") located at your new premises ("Transfer Date").
- if Meridian does not make a Fixed Rate plan available at your new location, then before you relocate you must either:
- accept and agree to a new plan, in which case the Plan will terminate on the Transfer Date and your new plan will apply to electricity we supply to your new premises after that date; or
- switch to a different electricity retailer, in which case the Plan will terminate on the date your new electricity retailer is recorded on the Registry as the retailer at the ICP(s) located at your new premises.
- Termination: The Plan will terminate if:
- you terminate the Plan by us by calling 0800 496 496 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- if you switch to another electricity retailer, on the date that your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s); or
- if you remain with Meridian but switch to another plan, from the date you accept and agree to the terms and conditions of the new plan.
- you move premises as described in paragraph 13 above and do not remain on the Plan. In these circumstances the Plan will cease to apply on the date determined in accordance with paragraph 13;
- you advise another electricity retailer that you wish to switch your electricity supply. In these circumstances the Plan will cease to apply on the date your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s); or
- the capacity or metering configuration of the Serviced ICP(s) changes and Meridian determines, at its sole discretion, that it no longer wishes to make the Plan available to those ICPs. In these circumstances Meridian will give you at least 30 days' written notice of the date on which the Plan will cease to apply and will advise you of the alternative plans and rates available to you after that date.
- you terminate the Plan by us by calling 0800 496 496 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- These terms and conditions apply to all new Fixed Rate Plans that start on or after 3 August 2016. They replace any previous agreement(s) we have with you.
Offers
Credit for businesses
- You must be a Business consumer as listed on the national electricity registry; and
- You must meet Meridian’s standard customer eligibility criteria (for example: credit criteria, refer to Meridian's Standard Terms and Conditions for the Supply of Electricity for more information).
- If you choose our Fixed Energy Plans (including Smart Value and Super Saver Plan) we will charge your final bill with an amount equal to the value of this credit if you cease to be a Meridian customer before the expiry date of your fixed energy plan. If you close any of your individual sites or switch any to another electricity retailer within this period, we will charge your next bill with an amount equal to the value of the credit you received for that particular site.
- If you choose our variable pricing plan or Simple Flexi Plan we will charge your final bill with an amount equal to the value of this credit if you cease to be a Meridian customer within 12 months of joining on the variable pricing plan. If you close any of your individual sites or switch any to another electricity retailer within this period, we will charge your next bill with an amount equal to the value of the credit you received for that particular site.
- The offer is not transferrable, refundable or redeemable for cash.
- Meridian reserves the right cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
- When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
GetGenuine Business offer terms and conditions
1. Every GetGenuine member who joins Meridian on a Smart Value will receive 30,000 or 50,000 (dependent on usage) GetGenuine bonus points for each new account. Bonus points will credited to the member’s GetGenuine account by the end of the following month after the member’s electricity is confirmed being supplied by Meridian.
2. You will also be eligible to earn 1.5 GetGenuine reward points per dollar spent with Meridian. Points are earned based on the GST exclusive spend for the participating member’s electricity account, and after the discount is applied. Points cannot be earned on electricity industry rebates, credits, or any additional discounts to the member’s electricity account. Points will be credited to the GetGenuine member’s account monthly.
3. The offer is only available to new Meridian customers and is not transferrable, refundable or redeemable for cash.
4. In order to be eligible for this offer, you must meet the following criteria:
a. you must be a GetGenuine member;
b. you must be a small-to-medium business customer; and
c. you must meet Meridian’s standard customer eligibility criteria and Meridian must accept you as a customer (for example: credit criteria, refer to Meridian's Standard Terms and Conditions for the Supply of Electricity for more information).
5. GetGenuine standard terms and conditions apply.
6. If you close any of your individual sites or switch any to another electricity retailer before the expiry date of Smart Value Plan, we’ll charge your next bill with an amount equal to the value of points you received for that particular site. (30,000 points are worth $300, 50,000 points are worth $500).
7. Meridian reserves the right cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
8. This offer cannot be used in conjunction with any other offer.
9. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Small-to-Medium Business Credit Offer Terms and conditions
- Join Meridian on a small-to-medium pricing plan from 1 July 2016 and you’ll get a welcome credit off your first bill for each account. The welcome credit amount depends on your estimated annual electricity usage. We’ll confirm the welcome credit amount in writing to you.
- This welcome credit offer isn’t available if you only meet the annual usage KWh threshold by combining multiple ICPs.
- If you choose our fixed energy plan we will charge your final bill with an amount equal to the value of this welcome credit if you cease to be a Meridian customer before the expiry date of your fixed energy plan. If you close any of your individual sites or switch any to another electricity retailer within this period, we will charge your next bill with an amount equal to the value of the welcome credit you received for that particular site.
- If you choose our Simple Flexi Variable Plan we will charge your final bill with an amount equal to the value of this welcome credit if you cease to be a Meridian customer within 12 months of joining on the variable pricing plan. If you close any of your individual sites or switch any to another electricity retailer within this period, we will charge your next bill with an amount equal to the value of the welcome credit you received for that particular site.
- In order to be eligible for this offer you must meet the following criteria:If there is a change of control, or sale of your business (as solely determined by Meridian), with the written approval of Meridian the business must ensure this supply agreement and all its rights and obligations, are assigned or novated to the new controlling entity. If the remainder of the term is not appropriately assigned or novated the value of the incentive you were given when you joined under this offer may be charged to your final bill.
- you must join Meridian during the promotional period;
- you must be a small-to-medium business customer; and
- we accept your application to become a customer (note that we may decline your application if you don’t meet our payment, credit and other criteria – for more info go to meridian.co.nz for our Standard Terms and Conditions for the Supply of Electricity https://www.meridianenergy.co.nz/smallmed-business/terms-and-conditions).
- On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity and if our fixed energy plan is selected our Standard Terms and Conditions for Fixed Energy Plan will apply.
- Meridian reserves the right to amend the terms of, extend, or cancel, this offer at any time.
- This offer cannot be used in conjunction with any other offer.
- When collecting personal information Meridian complies with the Privacy Act 1993.
SmartTrade Business offer terms and conditions
- Every SmartTrade member who joins Meridian on a Smart Value fixed energy plan will receive 30,000 or 50,000 (dependent on usage) SmartTrade bonus points for each new account. Bonus points will credited to the member’s SmartTrade account by the end of the following month after the member’s electricity is confirmed being supplied by Meridian.
- You will also be eligible to earn 1.5 SmartTrade reward points per dollar spent with Meridian. Points are earned based on the GST exclusive spend for the participating member’s electricity account, and after the discount is applied. Points cannot be earned on electricity industry rebates, credits, or any additional discounts to the member’s electricity account. Points will be credited to the SmartTrade member’s account monthly.
- The offer is only available to new Meridian customers and is not transferrable, refundable or redeemable for cash.
- In order to be eligible for this offer, you must meet the following criteria: On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity and our Standard Terms and Conditions for Fixed Energy Plan will apply.
- you must be a SmartTrade member;
- you must be a small-to-medium business customer; and
- you must meet Meridian’s standard customer eligibility criteria and Meridian must accept you as a customer (for example: credit criteria, refer to Meridian's Standard Terms and Conditions for the Supply of Electricity for more information).
- SmartTrade standard terms and conditions apply.
- If you close any of your individual sites or switch any to another electricity retailer before the expiry date of Smart Value Plan, we’ll charge your next bill with an amount equal to the value of points you received for that particular site. (30,000 bonus points are worth $300, 50,000 points are worth $500).
- Meridian reserves the right cancel this offer at any time without notice to you. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
- This offer cannot be used in conjunction with any other offer.
- When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.
Past Pricing, Benefits & Competitions
Naked Fixed Terms Plan
- Expiry Date for this offer is 31 March 2019.
- This offer is only available in selected networks –Wellington Electricity and Auckland regions – excluding embedded networks.
- The customer is not entitled to a prompt payment or other discount.
- Bills will only be available online and/or by email (pdf). The customer undertakes to keep Meridian updated with their current email address.
- This pricing plan is not available in conjunction with any other Meridian offer or buying group discount.
- The customer agrees to pay by Direct Debit Variable or Recurring Credit Card only.
- If the customer dishonours their Direct Debit three times, the customer will be removed from the Naked Rates Plan and moved to the best available published rates offer that does not require Direct Debit as its payment method.
- These terms and conditions apply in addition to, and should be read together with, Meridian’s existing Standard Customer Terms and Conditions and Fixed Energy/Rate Plan Terms and Direct Debit Terms.
- This offer is not available to any customer with a Prepay meter/plan.
- Meridian reserves the right to amend the terms of, or cancel, this offer at any time.
Partner Premium pack terms and conditions
- Customer must be a current registered member of a Meridian partner Buying Group/Association, currently Motel Association of New Zealand (MANZ) or New Zealand Retailers Association (NZRA)
- Tariff can be a Variable rate or a Fixed Energy Plan.
- Customers will receive the discount as per the relevant Buying Group/Association contract.
- Meridian encourages the use of electronic means for bill delivery and payment, though the Partner Premium Pack permits customers to select electronic, and/or non-electronic means as follows:
- Customer bills are available by email (pdf), paper bill delivered by post, or online
- Customers choosing to receive paper bills by post will incur an administration fee per invoice. Details of these fees can be found in our Service Fee Schedule.
- Any “one-off” credit card payments made to Meridian will incur a fee of 3% per transaction.
The following sets out the general terms and conditions associated with the acceptance and use of the business packages.
- These terms and conditions apply in addition to, and should be read together with, Meridian’s existing Standard Terms and Conditions.
- Electronic communications – Meridian will undertake reasonable endeavours to deliver all communications electronically where this is a selected feature of a package. Meridian reserves the right to support electronic communications with paper options where deemed necessary.
- When a customer selects a package or option to receive their bill by email (pdf), the customer undertakes to keep Meridian updated with a valid email address.
- In choosing a package, the customer agrees to behave in accordance with the rules for that package (specifically use of bill payment and delivery options).
- Meridian reserves the rights to review customer adherence to chosen package rules and apply fees where necessary.
Straight Up pack terms and conditions
- Tariff must be a Fixed Energy Plan only.
- The customer is entitled to an 11% discount.
- The customer agrees to use electronic means only for bill delivery and payment.
- The customer agrees to pay by Direct Debit or Direct Credit/Internet banking only.
- Payment by “recurring” credit card is not permitted under this package. Any “one-off” credit card payments made will incur a fee of 3% per transaction.
- Where possible, all communications to a customer will endeavour to be by electronic means as indicated in the general terms and conditions.
The following sets out the general terms and conditions associated with the acceptance and use of the business packages.
- These terms and conditions apply in addition to, and should be read together with, Meridian’s existing Standard Terms and Conditions.
- Electronic communications – Meridian will undertake reasonable endeavours to deliver all communications electronically where this is a selected feature of a package. Meridian reserves the right to support electronic communications with paper options where deemed necessary.
- When a customer selects a package or option to receive their bill by email (pdf), the customer undertakes to keep Meridian updated with a valid email address.
- In choosing a package, the customer agrees to behave in accordance with the rules for that package (specifically use of bill payment and delivery options).
- Meridian reserves the rights to review customer adherence to chosen package rules and apply fees where necessary.
Super Friendly Business pack terms and conditions
- Tariff can be either a variable rate or a Fixed Energy Plan.
- The customer is entitled to a 10% discount, except where payment is made by recurring credit card (see point 6).
- Meridian encourages the use of electronic means for bill delivery and payment, though the Super Friendly Business Pack permits customers to select electronic, and/or non electronic means as follows:
- Customer bills are available by email (pdf), paper bill delivered by post, or online
- Customers choosing to receive paper bills by post will incur an administration fee per invoice. Details of these fees can be found in our Service Fee Schedule.
- The customer can pay by all offered payment methods, which are Direct Debit, Direct Credit, Internet Banking or Automatic Payment or recurring credit card, over the counter at NZ Post or Westpac, or by cheque.
- Payment by recurring credit card will attract a discount of 8.5%.
The following sets out the general terms and conditions associated with the acceptance and use of the business packages.
- These terms and conditions apply in addition to, and should be read together with, Meridian’s existing Standard Terms and Conditions.
- Electronic communications – Meridian will undertake reasonable endeavours to deliver all communications electronically where this is a selected feature of a package. Meridian reserves the right to support electronic communications with paper options where deemed necessary.
- When a customer selects a package or option to receive their bill by email (pdf), the customer undertakes to keep Meridian updated with a valid email address.
- In choosing a package, the customer agrees to behave in accordance with the rules for that package (specifically use of bill payment and delivery options).
- Meridian reserves the rights to review customer adherence to chosen package rules and apply fees where necessary.
Fixed Energy Plan (FEP) terms and conditions (Prior 3 August 2016)
- Any terms and conditions set out in any offer to you ("Offer") form part of Meridian's Fixed Energy Plan ("Plan") terms and conditions. The terms and conditions of the Plan are additional to, and should be read in conjunction with, our Standard Terms and Conditions for the Supply of Electricity ("Standard Terms"). In the event of inconsistency between the Plan terms and conditions and our Standard Terms, the Standard Terms shall prevail, except that the first sentence of clause 12.6 of our Standard Terms (which deals with changes to rates) will not apply to the fixed Meridian charges payable by you.
- Our Fixed Energy Plan applies only to the electricity you purchase from us. It does not apply to export electricity that we purchase from you unless you agreed to an export Fixed Energy Plan before 26 February 2013 (in which case they apply until the Expiry Date of that plan).
- The charges applicable to your Fixed Energy Plan are set out in our Offer. Subject to paragraphs 4, 5 and 6 below, only the rates set out under the "Meridian charges" section in our Offer are fixed. The other charges contained in our Offer, including the "Network charges" and the "Electricity Authority Levy Charge", are not fixed and may be changed during the term of the Plan, provided we have advised you of that change in accordance with our Standard Terms.
- If the amount of Goods and Services Tax ("GST") that applies to your rates changes during the term of the Plan, we may change the quoted rates to reflect that change to GST, provided we have advised you of that change in accordance with our Standard Terms.
- Meridian may recover any additional governmental or regulatory charges that it incurs during the term of the Plan and which are not otherwise provided for in paragraphs 3 and 4 above, provided we have advised you of the change in accordance with our Standard Terms.
- If, for any reason, the information that Meridian has relied on to set the charges for you under this Plan is incorrect (for example, if the meter set-up referred to on your previous retailer's bill differed to your actual set-up), Meridian may adjust your charges, as Meridian considers necessary. If this occurs, you may terminate this Plan early and paragraph 15(a) below will apply.
- If you are entitled to a discount it will be shown on your invoice.
- Start Date: The Plan will start on the Start Date. "Start Date" means the date outlined in our Offer to you.
- Expiry Date: The Plan will expire on the Expiry Date, unless it terminates at an earlier date in accordance with these terms and conditions. "Expiry Date" means the date outlined in our Offer to you.
- Meridian will endeavour to offer you the option of either moving on to a variable pricing plan or accepting the terms and conditions of a new Fixed Energy Plan (“New Fixed Energy Plan”), prior to and with effect from the Expiry Date ("New Offer").
- You must agree and accept the terms and conditions of one of the options in the New Offer or switch to another retailer. If you fail to advise us of which option you accept by the date set out in the New Offer, you will be deemed to have accepted the terms and conditions of the New Fixed Energy Plan.
- If we have not made you a New Offer prior to the Expiry Date, we agree to continue to supply electricity to you under the terms and conditions of this Plan and paragraph 11 will only apply from the date at which we contact you with a New Offer. In this event, as you would have completed the full term of this Plan, no Exit Fees will apply in relation to this Plan.
- Relocation: Meridian's Fixed Energy rates differ between Network regions and meter configurations, and are not available in some Network regions and/or with some meter configurations. This means that if you move premises before the Expiry Date the following will apply:
- (a) if Meridian makes a Fixed Energy plan available at your new location, you may remain on the Plan, however the rates that will apply will be the rates applicable at that new location, as at the Start Date of the Plan. You will be charged at the rates applicable to your new location from the date that Meridian is recorded on the Registry as the retailer of the Installation Control Point(s) ("ICP(s)") located at your new premises ("Transfer Date").
- (b) if Meridian does not make a Fixed Energy plan available at your new location, then before you relocate you must either:
- (i) accept and agree to a new plan, in which case the Plan will terminate on the Transfer Date and your new plan will apply to electricity we supply to your new premises after that date; or
- (ii) switch to a different electricity retailer, in which case the Plan will terminate on the date your new electricity retailer is recorded on the Registry as the retailer at the ICP(s) located at your new premises and Exit Fees will apply in accordance with paragraph 14 below (unless paragraph 15 applies).
- Early Termination: If you terminate the Plan and switch to a different electricity retailer before the Expiry Date you may be charged an Exit Fee for each ICP serviced under the Plan ("Serviced ICP(s)") unless paragraph 15 applies. The fee will be applied to your final electricity invoice for each Serviced ICP. "Exit Fee" means:
- (a) if the Start Date of your Plan was a date prior to 1 May 2012, an exit fee of $75 per ICP or as otherwise outlined in your Offer; or
- (b) if the Start Date of your Plan was a date prior to 1 May 2012 and your pricing changed on or after 1 May 2012 (for example, if you moved to a new property or if you changed from a standard plan to a low user plan or if your network company has reclassified your price category), the exit fee as notified to you; or
- (c) if the Start Date of your Plan was a date on or after 1 May 2012, the exit fee outlined in your Offer.
- Exceptions to obligation to pay Exit Fee: If, under our Standard Terms, we:
- (a) change the rate you are on because you no longer meet our criteria for that rate and clause 2.2 of our Standard Terms does not apply (see clause 12.5 of the Standard Terms);
- (b) change our payment options and you are disadvantaged by that change (see clause 12.18 of the Standard Terms);
- (c) transfer any or all of our rights and obligations under our Standard Terms to a third party (see clause 20.2 of the Standard Terms);
- (d) change our Standard Terms and you are disadvantaged by that change (see clause 20.7 of the Standard Terms); or
- (e) breach a material term of our Standard Terms or breach any term of our Standard Terms persistently, you will not be required to pay an Exit Fee if you terminate the Plan and switch to a different electricity retailer within 30 days of our action and tell us that your decision to do so was because of our action.
- Termination: The Plan will terminate if:
- (a) you terminate the Plan by notifying us by calling 0800 496 777 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- (i) if you switch to another electricity retailer, on the date that your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s) and paragraph 14 will apply if this date occurs prior to the Expiry Date (unless paragraph 15 applies); or
- (ii) if you remain with Meridian but switch to another plan, from the date you accept and agree to the terms and conditions of the new plan.
- (b) you move premises as described in paragraph 13 above and do not remain on the Plan. In these circumstances the Plan will cease to apply on the date determined in accordance with paragraph 13;
- (c) you advise another electricity retailer that you wish to switch your electricity supply. In these circumstances the Plan will cease to apply on the date your new electricity retailer is recorded on the Registry as the retailer of the Serviced ICP(s) and paragraph 14 will apply if this date occurs prior to the Expiry Date (unless paragraph 15 applies); or
- (d) the capacity or metering configuration of the Serviced ICP(s) changes and Meridian determines, at its sole discretion, that it no longer wishes to make the Plan available to those ICPs. In these circumstances Meridian will give you at least 30 days' written notice of the date on which the Plan will cease to apply and will advise you of the alternative plans and rates available to you after that date.
- (a) you terminate the Plan by notifying us by calling 0800 496 777 or emailing service@meridianenergy.co.nz, in which case the Plan will cease to apply:
- These terms and conditions apply to existing Fixed Energy Plans with effect from 3 September 2016. They replace any previous agreement(s) we have with you
Black Friday Retail NZ member offer
- Retail NZ members who join Meridian on a Smart Value Fixed Energy Plan with a three-year term from Friday, 25 October 2019 to Friday, 20 December 2019 will be eligible to receive an extra 50% on the standard value of their welcome credit supplied by Meridian.
- The welcome credit will be applied to your first bill for each account. The welcome credit amount depends on your estimated annual electricity usage. We’ll confirm the welcome credit amount in writing to you.
- This welcome credit offer isn’t available if you only meet the annual usage KWh threshold by combining multiple ICPs.
- If you choose our Fixed Energy Plan we will charge your final bill with an amount equal to the value of this welcome credit if you cease to be a Meridian customer before the expiry date of your Fixed Energy Plan. If you close any of your individual sites or switch any to another electricity retailer within this period, we will charge your next bill with an amount equal to the value of the welcome credit you received for that particular site.
- In order to be eligible for this offer you must meet the following criteria:
- if there is a change of control, or sale of your business (as solely determined by Meridian), with the written approval of Meridian the business must ensure this supply agreement and all its rights and obligations, are assigned or novated to the new controlling entity. If the remainder of the term is not appropriately assigned or novated the value of the incentive you were given when you joined under this offer may be charged to your final bill.
- you must be a current Retail NZ member;
- you must join Meridian during the promotional period;
- you must be a small-to-medium business customer; and
- we accept your application to become a customer (note that we may decline your application if you don’t meet our payment, credit and other criteria – for more info go to meridian.co.nz for our Standard Terms and Conditions for the Supply of Electricity).
- On becoming a customer, you’ll be subject to Meridian’s Standard Terms and Conditions for the Supply of Electricity and if our Fixed Energy Plan is selected our Standard Terms and Conditions for Fixed Energy Plan will apply.
- Meridian reserves the right to amend the terms of, extend, or cancel, this offer at any time.
- This offer cannot be used in conjunction with any other offer.
- When collecting personal information Meridian complies with the Privacy Act 1993.
Electric Vehicle Survey for Business Customers Terms and Conditions
1. Any person who starts our customer survey by the close date of the survey (15 February 2019) will automatically receive one entry into the prize draw.
2. Customers are only eligible to participate once.
3. In order to be eligible for this offer, you must meet the following criteria:
4. You must be at least 18 years of age; and
5. You must be a current customer of Meridian at the time the winners are announced.
6. There will be five winners.
7. The winners will be drawn at random and will each receive $200 off their next Meridian power bill.
8. The prize is not transferable and cannot be exchanged for cash.
9. The judges' decision is final and no correspondence will be entered into except with the prize winners.
10. The winning entries will be drawn and the prize winners will be contacted by email within two weeks of the close date. If we receive no response from a winner after 2 weeks we will redraw another winner.
11. Meridian reserves the right to substitute any of the prizes listed above with a prize of equal value and/or specification.
12. Meridian reserves the right to use the prize winners’ name(s) and/or photographs for marketing or publicity purposes and by accepting the prize, the winners agree to this condition.
13. Employees and contractors of Meridian Energy and their immediate families, and employees of Meridian Energy’s agencies are not eligible to enter.
14. Meridian reserves the right to amend the terms of, or cancel, this competition at any time.
15. Meridian, its employees and/or its agents will not be liable for any loss or damage whatsoever which may be suffered as a result of winning this competition, except for any liability which cannot be excluded by law.
16. When collecting personal information Meridian complies with the Privacy Act 1993.
SmartTrade/GetGenuine Acquisition Bonus Points Prize Draw
1. Join Meridian on either a Fixed Energy Plan or a Fixed Rate Plan on our SmartTrade/GetGenuine business or residential offer between 23 October and 14 December 2018 and you’ll be automatically entered into the draw to win.
2. You’ll receive one entry into the prize draw for every Installation Control Point (ICP) signed up to Meridian between 23 October to 14 December 2018. For example, if you sign up your home and your business with Meridian, you’ll receive two entries into the draw.
3. The winner will be randomly selected on or before 19 December 2018.
4. The winner will get 50,000 SmartTrade/GetGenuine bonus points added to their SmartTrade/GetGenuine account. This will be done by Smart Loyalty who are a Meridian Energy business partner. The points will be added to the winners’ account no later than the end of January 2019.
5. Employees and contractors of Meridian Energy Limited (and its subsidiaries) and their immediate families are not eligible to enter. Entrants must be an existing SmartTrade/GetGenuine member.
6. To be eligible to win you must be a:
- New SmartTrade or GetGenuine member having joined the programme in 2018 and a current member.
- New Meridian small-to-medium business customer who joined on a Fixed Energy Plan (FEP) or a new residential customer who joined on a Fixed Rate Plan (FRP), as determined by Meridian. On becoming a customer, you’ll be subject to Meridian's Standard Terms and Conditions for the Supply of Electricity and FEP terms and conditions for small-to-medium business customers or FRP terms and conditions for residential customers.
8. We will check the winner’s Meridian and SmartTrade/GetGenuine accounts before contacting them to verify they are a current Meridian customer and SmartTrade/GetGenuine member.
9. Meridian will attempt to contact the winner by telephone, email and/or letter. If contact is not made within 14 days of the prize draw, he/she will be deemed to have forfeited their prize and a redraw will take place.
10. Meridian reserves the right to use the prize winner’s name and photographs for publicity purposes including on Meridian’s social media platforms and SmartTrade’s website, social media channels or printed publications.
11. Meridian’s decision is final and no correspondence will be entered into.
12. The prizes are not transferrable, refundable or redeemable for cash.
13. Meridian reserves the right to extend, cancel or amend the competition at any time. Meridian is not responsible for any third-party acts or omissions. Meridian may also vary this offer at any time by posting revised terms and conditions on our website.
14. When collecting personal information Meridian complies with the Privacy Act 1993. Our privacy terms are contained in Meridian’s Standard Terms and Conditions for the Supply of Electricity. If you have any privacy query you can contact us.