Terms for Energy Supply

Welcome to King Country Energy

This document sets out the terms for the supply of energy and provision of other services by King Country Energy to you.

These terms apply to all customers unless we agree otherwise.

These terms are effective from 1 May 2001 and replace all previous terms on which we supply Energy.

Once we have agreed to supply you with energy, you become a customer on the date we become responsible for the energy supply to your property.

To deliver energy to you we rely on the network connected to your property and the national transmission systems that convey energy throughout New Zealand.

We can only supply you with energy if either you or we have an agreement with the owner of the network connected to your property permitting the delivery of energy to your property.

The agreement we have with the network operator connected to your property contains terms that you must comply with, and that form part of these terms. These terms describe the general nature of the terms contained in agreements we have with network operators.

We can tell you of any additional terms applicable to you. These terms also set out the respective responsibilities of you, King Country Energy and the Network Operator in relation to the supply of energy.

If you are uncertain about any of these terms, or you have a question, please contact us on 0800 523 637.

ENERGY SUPPLY

Our Commitment to You

We are committed to providing you with a safe and reliable energy supply. We cannot guarantee a continuous energy supply or that the voltage or frequency of electricity supplied to you will not fluctuate. We will endeavor to supply you with energy in accordance with all legislative requirements.

Planned interruptions to energy supply

Planned interruptions to the Supply of Energy may be necessary:

for maintaining the electrical and equipment associated with the energy supply to your property.
to ensure the quality and safety of energy supply to you.
to comply with the law.

Where practicable the network operator or we will notify you at least 48 hours before any planned interruption to your energy supply. We will do this by advertising in your local newspaper on your local radio station or by post.

Unplanned interruptions to Energy Supply

Circumstances beyond our control may cause the energy supply to be interrupted. On occasions, interruptions in the energy supply will occur due to an accident, emergency, earthquake, fire, weather, volcanic activity or difficulties associated with transmission, generation, or production of energy.

Load Control

The network operator may have to interrupt your energy supply to ensure the safety and integrity of its network, or if required by a contract relating to the connection of that network to the national transmission system.

If your property has load control equipment installed which allows the remote control of the energy supply to some of your equipment (such as water heating or storage heating), and you are on an interruptible load pricing plan, the energy supply to that equipment may, without notice, be temporarily interrupted.

Fluctuations in the voltage or frequency of Electricity

Some electrical equipment (generally electronic appliances such as computers, cordless phones, microwaves and VCRs) are sensitive to, and may be damaged by, fluctuations in the voltage or frequency of electricity that sometimes occur on any electricity network. It is your responsibility to ensure that sensitive electrical equipment is adequately protected when using a supply of electricity we provide.

Fluctuations in the voltage or frequency of electricity can occur when:

customers use electrical equipment with powerful motors.
customers use appliances with a high electrical load.
lightning strikes electrical lines or transformers.
electrical lines are broken or cut.
trees interfere with electrical lines.

There are devices available that can protect sensitive electrical equipment. Please contact your electrician or electrical equipment store for assistance.

RESPONSIBILITIES FOR ENERGY LINES AND EQUIPMENT

Network Owner’s Responsibilities

The network owner is responsible for operating and maintaining:

its distribution network up to the point of connection to your property, which is usually at your property boundary;
its equipment on your property.

Energy Equipment we are responsible for maintaining

If a meter and/or load control equipment that we can use is not already installed on your property, we will provide and be responsible for installing and maintaining any necessary meter to record the use of energy at your property and/or load control equipment to control the supply of energy (for example controlled supply of water heating) necessary for certain pricing plans.

We may also choose to replace any existing meter and/or load control equipment on your property with our own meter and/or load control equipment. If we do not own the removed equipment, you will be responsible for ensuring that it is returned to its rightful owner.

In certain circumstances we may charge you for the installation of a meter and/or load control equipment. If any charges apply, we will advise you what they will be and gain your consent before carrying out any work.

Energy lines and equipment you are responsible for maintaining

You, or the property owner, own and are responsible for the energy line from the network point of connection to the meter and all other wiring, pipelines, and energy equipment and appliances on your property.

Your electricity network point of connection is usually the fuse on the power pole or underground service pillar nearest your property boundary.

Meter Testing

You may request that the accuracy of any meter on your property be tested if you consider that it is not reading accurately. If the test shows that the meter does not comply with the accuracy standard required by law then the meter owner will pay the cost of the test and replace or repair the meter. If the meter does comply with the relevant accuracy standard you may be required to pay the cost of the test.

Your responsibilities for Energy Lines and Equipment

For your own safety, and so that energy supply to you and our other customers is not interrupted,

You Must:

follow the network operator’s directions to ensure the safety of its energy lines or equipment on your property;
repair and maintain your energy lines and equipment and ensure they comply with all legislative requirements;
maintain the clearances between your electrical lines and the buildings, ground, trees and vegetation on your property set out in the New Zealand Electrical Code of Practice for Electrical Safety Distances;
ensure trees, other vegetation and obstacles on your property are kept clear of any meter or other energy equipment provided by us or the network operator;
make sure nothing on your property interferes with or damages the network;
determine the location of any underground energy line before undertaking any work on your property such as digging trenches and driving stakes;
make sure everyone you are responsible for also meets these responsibilities;
obtain the consent of any other person needed for you to meet these responsibilities;
ensure the property owner is aware of any circumstances that may require the property owner to meet any of these responsibilities; and

You must never:

interfere with or work on any of the network operator’s energy lines or equipment. Only people it authorises may work on them;
interfere with any meter or any of our equipment on your property;
disconnect or connect your property to the network. Only people authorised by the network operator may do this;
take a supply of energy from any point between any meter and the point of connection to the network;
interconnect two or more points of connection to the network;
use any electrical equipment or appliance that interferes with the supply of electricity to any other person or the operation or safety of any other electrical equipment or appliance;
send or receive any signal or other form of communication over the network.

How do I get a Fault Fixed?

Please report any fault or anything you notice or hear that may help pinpoint the cause of a fault to the network operator.

For your safety, please treat all electrical lines as live at all times. We suggest that you disconnect and switch off all appliances or equipment that could create a hazard when the energy supply is interrupted, such as heaters, stove elements and sensitive electrical equipment.

ACCESS TO YOUR PROPERTY

Our and the network operator’s representatives will carry appropriate identification. You can refuse access if no identification is produced. Our and the network operator’s representatives may use any keys and security information provided by you for the purpose of gaining access to meters.

Reasonable Access

You must make suitable arrangements to let our and the network operator’s representatives have reasonable, unobstructed and safe access to your property to:

read meters;
install, work on or remove any equipment associated with energy supply to your property; or
ascertain the quantity of energy supplied to your property; or
connect or disconnect the supply of energy to your property.

Anytime Access

You must give our and the network owner’s representatives access to your property at any time:

during an interruption to energy supply in your area to carry out work to restore the supply of energy; or
for safety reasons; or
to protect property.

Access for Equipment

You must provide the network operator or us with any necessary convenient space required to install any equipment on your property which may be reasonable required for energy supply of your property.

If you do not own your property it is your responsibility to obtain the owner’s consent before we or the network operator install or remove any equipment associated with energy supply on your property.

CHARGES AND PAYMENT

We will send you a regular invoice for the energy supply to your property and for services used by you in accordance with the applicable charges set out in the then current price card for you area.

Other charges that may apply include bonds, disconnection and reconnection charges, dishonor fees, prepayment of electricity special meter reads or meter accuracy tests.

A copy of our current price schedule is available by contacting us on 0800 523 637. Unless specified otherwise in the price schedule we may change any charge by giving you at least 48 Hours’ notice, by writing to you or advertising in your local newspaper.

Sending your Invoice

We will read your meter at reasonable intervals.

If your meter is not read for any reason we will estimate the use of energy at your property for the purpose of preparing your invoice. Adjustments will be made in any subsequent invoice to reflect the actual usage once the meter has been read.

You must pay every Invoice in full on or before the due date whether a read or estimated account.

Paying your Invoice

You must pay each invoice in full by the due date, without deduction or set-off, whether the invoice is based on actual or estimated usage. If more than one person has requested us to supply energy to your property then you will be jointly and severally liable to pay the invoice.

USE OF PERSONAL INFORMATION WE HOLD

We collect personal information about you to enable us to supply energy and other services to you. This information is principally needed for us to contact you and send you invoices and information about our services. We may also record your calls to us. We do this strictly for the purposes of ensuring that we have an accurate record of any conversation you have with us and for quality control.

We will not give your personal information to anyone else unless you authorise us to, we are required to by law or so that we are able to:

carry out a credit reference check; or
carry our responsibilities, or exercise our rights, under these terms; or
advise you of any other services we or any related Company offers which we consider may be of interest to you; or
disclose relevant information to a person involved in recovering money from you, if you have not paid us by the due date; or
have market research carried out for us by a reputable market research organization.

We may also give your personal information to the network operator to enable the network operator to carry out its responsibilities or exercise its rights in relation to the supply of energy to you.

We will hold secure all personal information that you gives us or we collect about you. You may have access to your personal information during normal working hours. We will correct any incorrect details.

LIABILITY

Our Liability to You

If we negligently cause physical damage to your property we will pay the owner the reasonable costs of repairing or replacing (if we consider appropriate) the damaged property up to a maximum of $10,000 for any single even or series of related events. All other liability we may have to you (including loss of profits or business) is excluded to the maximum extent permitted by law. If we are held liable to you and we cannot rely on this exclusion for any reason then the above $10,000 limit will still apply.

If you acquire goods and services from us for the purpose of a business the Consumer Guarantees Act 1993 does not apply.

Where any loss or damage you duffer arises from any action or inaction of the network operator we will only be liable to you to the extent we have recourse to the network operator.

Your Liability to us

If we have to take any action to recover from you any amount you owe us or to enforce any of these terms, we may recover from you all associated costs incurred by us (including costs on a solicitor an own client basis).

Network operator’s liability to you

Network operators have limited or excluded their liability to you and us. Unless provided otherwise in the relevant agreement you or we have with the network operator, all liability the network operator, all liability the network operator may have to you is excluded to the fullest extent permitted by law. This exclusion of liability is enforceable by the network operator.

Your liability to the network operator

You may be liable to the network operator for any damage to the network that you cause.

DISCONNECTION AND ENDING ENERGY SUPPLY

Temporary disconnection at your request

We will ask the network operator to temporarily disconnect your premises if you give us 2 working days’ notice. You will have to pay any charges for disconnection and reconnection that result from this request.

Termination at your request

If you are vacating your property, you must give us 2 working days notice. We will arrange a final meter reading and send you a final invoice.

Disconnection by the network operator

The network operator may disconnect your property from its network if you fail to comply with any of your obligations to the network operator or the agreement between us and the network operator is terminated for any reason.

Switching to another retailer

If you decide to switch to another retailer, they will contact us to arrange the changeover. You will be liable for all energy supplied by us until the new retailer becomes responsible for the supply of energy to you. We will send you a final invoice.

Disconnection at our direction

If you do not pay any invoice by the due date (except for any amount genuinely in dispute) we may disconnect the energy supply to your property. Before disconnecting the energy supply to your property we will:

send you a reminder notice after the due date of the invoice, advising you that the invoice has not been paid and that we may disconnect you rproperty unless payment is received

In the event of disconnection for non payment of arrears KCE Retail Ltd considers that the terms of our original contract have been breached and you may then be liable to pay; your arrears, your current account and any associated fees, before your supply will be reconnected.

If we have sent you reminder notices for previous invoices, we may disconnect your supply without further notice. You may avoid disconnection of your property at any time by either making payment, or contacting us on 0800 523 637 and making arrangements for payment that we agree to.

Effect of disconnection and termination

Except for temporary disconnection or disconnection by the network operator once your property has been disconnected our obligations to supply you energy cease. You will remain liable for all outstanding invoices and charges incurred by you up to the time your property is disconnected.

You must reapply to have the supply of energy by us recommenced. We reserve the right not to recommence the supply of energy to any customer who we have disconnected for non-payment of invoices.

QUESTIONS AND COMPLAINTS

If you have a question or complaint regarding our services please call us on 0800 523 637. You can also contact us by post or fax:

King Country Energy, PO Box 363, Taumarunui 3946

Fax: 07 896 6036

Usually a call is all that is needed to answer any question or resolve any complaint. If we cannot resolve your complaint over the phone in the first instance we will try to respond to you within 5 working days.

If you are not satisfied with our response, you may request that our Customer Service Manager deal with your question or complaint. Our Customer Service Manager will try to resolve the issue within a further 5 working days.

GENERAL

We may transfer to someone else all or any part of our rights or obligations under these terms. You cannot transfer your rights under these terms. You cannot transfer your rights under these terms to any person without our prior written consent.

We may change these terms by changing or removing existing terms or by adding new ones. We will tell you about any proposed changes by writing to you or by advertising a summary of the proposed changes in the local newspaper and will provide you with a draft of the proposed changes on request. You will have a reasonable opportunity to give us your suggestions or comments on any proposed changes to these terms (other than changes to any charges). We will tell you about any changes at least 30 days before they come into effect by writing to you or by advertising the changes in your local newspaper.

In these terms we have used “we”, “our” or “us” for KCE Retail Ltd, our employees contractors or agents, “network operators” for the owner of the network connected to your property, its employees, contractors or agents an “you” for the customer.

The term “energy” means supply of electrical energy or natural gas by us and the provision of line services for the delivery of energy by the network operator.