E-Gas

Fields marked with * must be entered

SECTION A - Your Personal Details

Full Name:*

Home Telephone:*

Mobile:

Work Telephone:*

Address:*

Suburb:

City:*

Employers Name:*

E-Mail:*

ICP Number (located on your gas invoice):*

Current Meter Reading:

Meter Reading Date (DD/MM/YYYY):

/ /

How did you hear about E-Gas?:

SECTION B - Pay As You Go Plan

Estimated kWh Usage per Year:*
Current Daily Rate (Excl. GST):* e.g. 1.24 = $1.24 per day
Current Variable Rate (Excl. GST):* e.g. 0.0624 = $0.0624 cents per kWh
Current Prompt Payment Discount:
Sales Represenative
Current Supplier*:

SECTION E - E-Gas Standard Terms & Conditions

<b>NOTE:</b> 
(1)	These standard terms and conditions apply to all E-Gas Gas Supply Agreements entered from 9 November 2007.  
(2)	These standard terms and conditions may be amended by special conditions (or otherwise) as agreed by E-Gas and any particular customer. 
(3)	These standard terms and conditions will not apply to any E-Gas Gas Supply Agreement entered into prior to 9 November 2007 unless otherwise agreed by E-Gas and any particular customer.
<h4>Gas Supply</h4>
1	Sale and Purchase of Gas:  From the Supply Commencement Date E-Gas will be responsible for the supply of the Customer and the Customer will purchase and pay for gas supplied by E-Gas upon the terms of the Gas Supply Agreement.
2	Certification: Prior to the Supply Commencement Date the Customer must provide E-Gas with a copy of any certification in relation to the gas installation at each Site required under the Gas Act 1992 and the Gas Regulations 1997.  E-Gas may, at its own cost, re-certify at any time any gas installation at any Site. If the Customer can’t provide an appliance certification for the Site where gas is supplied under the terms of the Gas Supply Agreement the Customer acknowledges that no liability can be placed on E-Gas with respect to the appliances compliance if it is found the appliances on Site are faulty in any manner.  
3	Obligation to supply gas: E-Gas shall be under no obligation to supply gas to the Customer at any Site of the installation used for distributing gas if that Site does not comply with sound engineering practice and workmanship or applicable law, New Zealand Standard or Code of Practice, from time to time, so that it is safe when connected to the local distribution gas Network. 
4	Exclusive Supply: Except as otherwise provided in the Gas Supply Agreement the Customer must purchase all of its gas requirements for each Site from E-Gas. 
5	No minimum purchase: The Customer shall have no minimum purchase obligations under the Gas Supply Agreement.
6	Maximum supply: Upon the Supply Commencement Date taking effect E-Gas shall be under no obligation to supply the Customer of each Site more than the Maximum Annual Quantity specified in the Gas Supply Agreement.
<h4>Term</h4>	
7	Commencement and Term: The Gas Supply Agreement commences on the Supply Commencement Date and shall remain in force until the expiry of the Supply Period unless earlier terminated pursuant to these Terms.
8	Renewal:  The Gas Supply Agreement shall, on the expiry of the Supply Period, automatically be extended for a further period, equal to the term of the current Supply Period and continue subject to the Terms. If the Customer does not wish to extend the Gas Supply Agreement for a further period equal to the term of the current Supply Period or any further period, or does wish to extend but for a different period and/or on different terms and conditions, it shall give written notice to E-Gas not less than 3 months prior to the expiry of the Supply Period, and the parties shall meet at least 1 month prior to the expiry of the Supply Period to discuss and attempt to agree whether the Customer’s gas requirements can continue to be met by E-Gas.  If such agreement cannot be reached, the Customer may give written notice of termination of the Gas Supply Agreement to E-Gas provided that the Customer first gives E-Gas a written offer for E-Gas to match any price or other terms and conditions offered by another retailer of gas for any Site (the “alternative retailer”) and not less than 5 business days to accept that offer.  Any termination pursuant to this clause 8 shall take effect upon the commencement of the new contract with the alternative retailer on the same terms offered to but not accepted by E-Gas and in no event prior to the expiry of the Supply Period.
<h4>Continuity of Supply</h4>	
9	Continuity of Supply: E-Gas will use all reasonable endeavours to maintain a continuous supply of gas to each Site. However, the supply of gas to a Site may be interrupted or reduced: 
	a.	if E-Gas or the operator of the Maui pipeline, Transmission System, Gas Network or any Metering System reasonably considers that it is appropriate to avoid any overload of, damage to, interference with, or to ensure the integrity, efficiency, security or safety of, the Maui pipeline, Transmission System, Gas Network or any Metering System or to avoid any interference with the supply of gas to any other person,
	b.	in case of an event or emergency which E-Gas or the operator of the Maui pipeline, Transmission System, Gas Network or any Metering System considers threatens life, property or the safety of the Maui pipeline, Transmission System, Gas  Network or any Metering System,
	c.	for any reason permitted under any agreement between E-Gas and the wholesaler of gas, the operator of the Transmission System or any other gas distribution network used by E-Gas for the transmission of gas to the Customer,
	d.	for any reason or cause outside the control of E-Gas (including an excusable delay under clause 53) which could not have been reasonably avoided by E-Gas,
	e.	for the purpose of inspecting, testing, maintaining, repairing or effecting any alterations or additions to all, or any part, of any Gas Network,
	f.	for any purpose necessary for E-Gas to perform it's obligations at law or under the Gas Supply Agreement. Where practicable E-Gas will ensure any interruption or reduction to the supply of gas will occur at a time that will cause as little interference to the Customer's business as is reasonably practicable. 
10	Notice of interruption to supply: In the event of any interruption to, or reduction in, the supply of gas to a Site, E-Gas will, provide to the customer notice as soon as reasonably practicable of the interruption of gas supply. 
11	Restoration of Supply:  In the event of any interruption to, or reduction in, the supply of gas to a Site, E-Gas will, having regard to the cause of the interruption or reduction and the steps to be taken to restore the supply of gas, use all reasonable endeavours to restore the normal supply of gas as soon as reasonably practicable.
<h4>Quality </h4>
12	Gas Quality:  Gas supplied by E-Gas to the Customer will be of specification, in accordance with the Gas Regulations 1997 - that is suitable and safe for use by the Customer for its intended purpose in the Customer's properly functioning gas installations and gas appliances at each Site. 
<h4>Delivery </h4>
13	Delivery Point and pressure:  E-Gas will deliver gas to each Site at the Delivery Point at a pressure that ensures the safe use of gas, where the gas is used for its intended purpose in the Customer’s properly functioning gas installations and gas appliances at the Site.  
14	Risk:  Every risk in relation to the supply by E-Gas to a Site will pass to the Customer at the Delivery Point.
<h4>Responsibilities </h4>
15	Customer's Responsibilities: The Customer is responsible for its gas installations at each Site and must:
	a.	follow E-Gas's directions to ensure the safety of the Gas Network or any equipment or property of E-Gas at the Site,
	b.	never, and shall use all reasonable endeavours to ensure that any other person the Customer is responsible for (including it's employees, agents and contractors) never, interfere with, damage or work any other equipment or property of E-Gas,
	c.	ensure that its gas installation at the Site complies with all relevant legislative and regulatory requirements,
	d.	make sure that nothing at the Site interferes with or damages any Gas Network,
	e.	obtain any necessary consent of the landowner of the Site or other person needed to meet its obligations under the Gas Supply Agreement,
	f.	provide E-Gas with the necessary convenient space, at the Site, to install any equipment necessary for the Customer to meet its obligations under the Gas Supply Agreement,
	g.	protect any equipment of E-Gas installed at the Site, and
	h.	never take or allow any person to take a supply of gas from any point between the Delivery Point and the metering equipment or otherwise allow any gas to be used by any person before it passes through the metering equipment.
16	E-Gas responsibilities: E-Gas is responsible for the supply of gas to the Customer's Site, any work to be conducted for maintenance of metering equipment or by the local distribution gas network owner which may have an effect on the supply of gas to the Customer's Site will require notification from E-Gas to the customer. E-Gas will perform its obligations under the Gas Supply Agreement with the degree of skill, diligence and prudence which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking as E-Gas in the same or similar circumstances in New Zealand. 
<h4>Access </h4>
17	Access for works: The Customer shall provide E-Gas free, safe and unobstructed access to each Site:
	a.	to read metering equipment,
	b.	for the purpose of installing, inspecting, testing, repairing, removing or replacing any of its plant or equipment,
	c.	to investigate any suspected tampering with any of its equipment or property,
	d.	to connect or disconnect the supply of gas to the Site, or 
	e.	for any other purpose necessary for E-Gas to perform its obligations at law or under the Gas Supply Agreement.
18	Exercise of rights of access: E-Gas will use all reasonable endeavours to ensure that where it exercises its rights of access to a Customer’s Site it will:
	a.	give the Customer reasonable notice of the reason and time E-Gas requires access, provided that no such notice is required to be given in the case of emergency or to read any metering equipment,
	b.	cause as little inconvenience to the Customer at the Site as is reasonably practicable,
	c.	comply with the Customer’s reasonable safety, security and operational requirements, and
	d.	observe proper gas industry standards at all times.
19	Emergency Access:  E-Gas shall have access to any Site at any time where any work is rendered urgent and necessary due to any defective equipment, interruption to the supply of gas or other emergency.
20	Gas Pipelines:  The Customer will permit E-Gas to lay gas pipelines on any appropriate Site to transport gas to the Delivery Point or from the Delivery Point to any other delivery point that the Customer requires.
21	Easements:  Both E-Gas and the Customer hereby acknowledge that they will comply with the conditions of the Gas Act 1992 and the Gas Regulations 1997 in relation to any easement over the line of the gas pipeline on any appropriate Site.
<h4>Measurement of Gas</h4>
22	Unit of gas supply:  Gas will be sold by energy content measured in GJ.
23	Metering equipment:  The quantity of gas delivered to each Site at the Delivery Point will be measured by E-Gas or an authorised agent of E-Gas at or near the Delivery Point.  Metering equipment will, if not already installed, be installed by E-Gas, at the Customer’s cost.  The Customer must provide E-Gas the necessary convenient space to install the metering equipment.
24	Metering reading:  E-Gas shall arrange for the metering equipment at each Site to be read at least once a month and, at its discretion, and such shorter intervals as it sees fit.
25	Remote reading:  E-Gas may install at or near the Delivery Point any plant or equipment it considers necessary for the purpose of remote interrogation of any metering equipment for measuring or monitoring the supply of gas to that Delivery Point.
26	Supply Assessment:  If, for any reason (whether or not due to a fault in any plant or equipment owned by E-Gas), the metering equipment cannot be read on the scheduled reading date or E-Gas considers an Accurate meter reading cannot be obtained, then the quantity of gas supplied to that Site may be determined by E-Gas using, at E-Gas’s election:
	a.	any back-up or check metering equipment which is available and considered by E-Gas to be Accurate,
	b.	E-Gas’s reasonable estimation of the quantity of gas supplied to that Site using such historical consumption data as E-Gas considers appropriate and having regard to the Customer’s recent consumption trends or some other appropriate method,
	c.	a subsequent adjustment to the Customer’s account following the obtaining of an Accurate reading of the metering equipment (if available), or
	d.	accuracy or gas measurement system: as per NZS 5259 1997. 
27	Inaccurate metering:  If the Customer considers any metering equipment used to measure the quantity of gas supplied by E-Gas is not Accurate, the Customer may give written notice to E-Gas requiring E-Gas to test the accuracy of the metering equipment provided that such notice may not be given more than once in a calendar year.  On receipt of that notice, E-Gas will test the accuracy of the metering equipment as soon as reasonably practicable.
28	Adjustment of account:  If the test undertaken by E-Gas under clause 27 establishes that the metering equipment is not accurate, E-Gas will repair or replace the metering equipment at E-Gas’ cost, and make appropriate adjustment to the Customer’s account for the period reasonably determined by E-Gas to be the period that the metering equipment has not produced an Accurate reading.  
29	Testing costs:  The Customer shall pay E-Gas’s costs of testing any metering equipment if the test undertaken pursuant to clause 27 confirms the metering equipment to be Accurate.
<h4>Review of Total Gas Price</h4>
30	Recovery of costs:  If, in any calendar year, the Customer’s actual usage of gas at any Site exceeds the Estimated Annual Quantity by more than 20 percent, E-Gas shall be entitled to recover from the Customer, and the Customer shall pay, any costs incurred by E-Gas as a result of such increased usage, including, without limitation, any costs incurred by E-Gas to install new equipment, as a result of a change in the Customer’s network load group and as a result of any increased transmission charges.
31	E-Gas may adjust the gas and services prices under the Gas Supply Agreement if any supplier of meter, transmission or distribution services increases their supply costs for services.  E-Gas will give the Customer 30 days’ written notice of these adjusted supply charge increases.
32	E-Gas may increase the natural gas component of the Total Gas Price by giving the Customer 30 days written notice.
33	Annual Review: Unless agreed otherwise, the Total Gas Price will be adjusted from the first anniversary of the Supply Commencement Date and each anniversary thereafter ("Review Date") in accordance with the following formula:
New Price = Total Gas Price x index A/index B
Where: "Index A" means the first published PPI for the quarter preceding the Review Date.
"Index B" means the first published PPI for the quarter preceding the Supply Commencement Date.
"New Price" means the new Total Gas Price to apply from and including the Review Date concerned.
34	Replacement Index: if the PPI ceases to be published, or is determined and published on a basis which is materially different from the way in which it was determined and published on the Supply Commencement Date (in particular if the PPI most recently prior to the Review Date relates to a period ending more than 6 calendar months prior to the Review Date), E-Gas and the Customer shall use their best endeavours to agree on another index suitable for the purpose of calculating and taking into account inflation for the period concerned in the same manner as the PPI. Failing agreement on another index within 10 working days the matter will be determined in accordance with the disputes resolution procedures in clause 51.
<h4>Sending and Payment of Invoices</h4>
35	Monthly invoicing: E-Gas will send the Customer a monthly invoice for the supply of gas and any other service used by the Customer.
36	Payment: The Customer must pay E-Gas's invoices within 10 days of receipt of that invoice or by the 15th day of the month in which it is received (whichever is the later). Payment must be made without deduction or set-off and by automatic payment unless an alternative arrangement has been agreed with E-Gas.
37	Disputed invoices: Where the Customer, in good faith, disputes all or any part of E-Gas' invoices the Customer shall prior to the due date for payment of the invoice contact E-Gas to discuss its concerns.  If, the dispute can not be resolved by discussion prior to the due date for payment the following shall apply:
	a.	the Customer must pay, by the due date, that part of the invoice which is not in dispute,
	b.	the Customer and E-Gas shall forthwith resolve the dispute in relation to the unpaid part of the disputed invoice pursuant to clause 51; and
	c.	where it is determined that the Customer is to pay the whole or any part of a disputed amount to E-Gas, then such amount, together with default interest as calculated pursuant to clause 38 on such amount, shall be paid to E-Gas within 5 days of such determination.
38	Default interest: Without prejudice to E-Gas's other rights and remedies, if any amount payable under the Gas Supply Agreement is not paid by the Customer on or before the due date for payment, E-Gas may require the Customer to pay interest on that amount from (but excluding) the due date to (including) the date of actual payment (such payment to include all accrued interest). Interest shall accrue at the then current or indicator retail rate of the E-Gas banking institution plus 6% per annum and be compounded monthly. The Customer shall also pay E-Gas's reasonable costs (including solicitor/client costs) associated with collecting any money the Customer owes E-Gas.
<h4>Liability</h4>
39	Exclusion of the Consumer Guarantees Act: The parties agree that the provisions of the Consumer Guarantee Act 1993 do not apply in relation to the supply of gas under the Gas Supply Agreement to the maximum extent permitted by law.
40	Liability for direct property loss only: Neither party shall be liable to the other party for anything whatsoever, other than the direct loss or the damage suffered by a party to its property caused by the other party, provided that the maximum a party shall be entitled to claim from the other under the Gas Supply Agreement for any event or series of events in any 12 month period shall be $20,000.
41	Exclusion of E-Gas's liability: Notwithstanding any other provision of these Terms, E-Gas shall not in any circumstances be liable to the Customer for:
	a.	any interruption to, or reduction in, the supply of gas to any Site for any reason referred to in clause 9;
	b.	any failure to comply with the Gas Supply Agreement caused by interruption or reduction in the supply into any gas network;
	c.	any other reason beyond E-Gas’s reasonable control; or
	d.	any loss of profit, consequential loss or any other indirect loss suffered by the Customer however arising (whether in contract, tort (including negligence), equity or breach of statutory duty).
<h4>Ending or Suspending Supply of Gas</h4>
42	E-Gas Termination or Suspension: E-Gas may terminate the Gas Supply Agreement by giving at least 7 days written notice to the Customer if:
	a.	the Customer fails to pay any amount due under the Gas Supply Agreement by the due date;
	b.	the Customer breaches any material term of the Gas Supply Agreement; or
	c.	the Customer breaches any non-material term of the Gas Supply Agreement and if capable of remedy, upon receiving written notice of that breach from E-Gas, the Customer fails to remedy that breach within 7 days of receipt of the notice.
	E-Gas may, in its sole discretion, suspend the supply of gas for the Customer for any period that the Customer’s breach or default remains unremedied instead of exercising its right of termination the Gas Supply Agreement pursuant to this clause 42.  Any such election by E-Gas to suspend shall be without prejudice to E-Gas’ right during any period of such suspension to terminate the Gas Supply Agreement at any time thereafter on 7 days written notice and the parties agree that E-Gas shall not have waived any right to terminate by electing to suspend the Gas Supply Agreement for any period. 
43	Customer early termination:  The Customer may terminate the Gas Supply Agreement prior to the expiry of the Supply Period:
	a.	on 30 days written notice, where the Customer ceases trading from the Site or wishes to permanently disconnect the supply of gas to the Site; or
	b.	where the Customer gives notice of termination of the Gas Supply Agreement pursuant to clause 8 and the procedure in clause 8 is complied with; or
	c.	where E-Gas is unable to supply the customer with gas for a continuous period of 5 working days or an aggregate of 10 working days in any 12 month period.
44	Early termination payment:  In the event of early termination of the Gas Supply Agreement pursuant to clauses 42 and 43(a), the Customer will be required to pay E-Gas the Early Termination Payment within 5 working days of receipt of E-Gas’s invoice calculating the Early Termination Payment.  The Customer agrees that E-Gas shall be under no obligation to switch the Customer to a new retailer until such time as the Customer has paid all outstanding amounts under the Gas Supply Agreement. 
45	Effect of termination:  No termination of the Gas Supply Agreement will affect any rights or obligations of the parties or claims accrued to any party at the date of termination.  The following clauses in this Gas Supply Agreement shall survive termination: clauses 36, 37 and 38 (payment of invoices), clauses 39, 40 and 41 (liability), this clause 45, clauses 46 and 47 (ending or suspending gas supply), clause 50 (confidentiality) and clause 51 (disputes).
46	Disconnection on termination: Upon the termination of this agreement E-Gas may disconnect the Delivery Point at each Site from the E-Gas Gas Network.
47	Removal of E-Gas's equipment. Following the termination of this agreement, the Customer must provide E-Gas free safe and unobstructed access, during normal working hours to each Site to all such persons to remove any metering equipment, plant or equipment owned or provided by E-Gas.
<h4>General </h4>
48	Amendments: E-Gas may amend these Terms from time to time.  E-Gas will give the Customer 30 days written notice of amendments to these Terms and the date the amendments come into force.  E-Gas will endeavour to post any amended Terms on E-Gas’s website at www.E-Gas.co.nz prior to the amendments coming into effect.
49	Assignment: The Customer must not assign any of its rights or interest under the Gas Supply Agreement without E-Gas's prior written consent.
50	Confidentiality: Except as required by law or authorised by E-Gas in writing, the Customer must keep confidential all information relating to the Gas Supply Agreement, including the terms of the supply of gas, the Total Gas Price and any related correspondence.
51	Disputes: If a dispute arises in relation to the Gas Supply Agreement either party may provide written notice to the other party setting out the details of the dispute (the “Dispute Notice”).  If a Dispute Notice is given:
	a.	the parties will nominate and direct an appropriate person from within their organisation to use best endeavours to resolve the dispute within 20 working days of the date of the Dispute Notice;
	b.	if the dispute is not resolved under clause 51(a) above, the parties may agree to refer the dispute to an independent expert agreed by the parties; 
	c.	if the parties do not agree to refer the dispute to an independent expert within 30 working days of the date of the Dispute Notice, the dispute may be referred by either party to a sole arbitrator under the Arbitration Act 1996.  If the parties are unable to agree on an arbitrator within 40 working days of the date of the Dispute Notice, the sole arbitrator will be appointed by the President for the time being of the New Zealand Law Society or his or her nominee.
52	Entire Agreement: The Gas Supply Agreement records the entire agreement between E-Gas and the Customer, and supersedes and cancels any prior written or oral understanding, agreement or arrangement concerning the subject matter of the Gas Supply Agreement.
53	Excusable Delay: Neither party will be liable to the other for any failure or delay in performing an obligation under the Gas Supply Agreement (other than an obligation to make payment when due) if due to a cause reasonably unforeseeable or beyond the control of a party and that party has used its best endeavours to perform its obligations on time despite the cause.
54	Further Assurances: Each party will execute all other documents and do all other acts and things as may be reasonable to implement and to carry out its obligations under the Gas Supply Agreement.
55	Waiver: No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of one breach will not be a waiver of any other breach.
<h4>Interpretation/Definitions</h4>
56	Interpretation: In these Terms unless the context otherwise requires: 
	a.	headings are inserted for convenience only and shall be ignored;
	b.	references to the singular includes the plural and vice versa;
	c.	references to clauses for schedules are references to clauses or schedules of this agreement; 
	d.	references to legislation or to any provision of any legislation (including regulations and orders) includes that legislation or provision as amended, re-enacted or substituted and any statutory instruments, regulations and orders issued under any such legislation or provision; and
	e.	references to a party include its employees, agents, contractors, successors, permitted assigns, receivers, managers, liquidators or other representatives and to any person includes any form of entity.

57	Definition: In this agreement unless the context otherwise requires:
	'Accurate' means, having regard to the type of metering equipment, that the margins of error set out in clause 28 are not exceeded. 
	'Customer' means the party specified as the Customer in the E-Gas Commercial Application Form.
	'Delivery Point' means the point at which the Customer's gas installation at any Site receives gas from the E-Gas Gas Network or such other point as the parties agree.
	‘E-Gas Commercial Application Form’ means the application form signed by E-Gas and the Customer which specifies the special terms agreed for gas supply by E-Gas to the Customer and in which the parties agree to be bound by E-Gas’ standard terms and conditions of supply.
	‘Early Termination Payment’ means the payment to be made by the Customer following early termination under clauses 42 and 43(a), and to be calculated as follows:
Early Termination Payment = the total estimated remaining quantity of gas to end of the Supply Period (in GJ) x 25% of the Total Gas Price
	'Estimated Annual Quantity' means the quantity specified as the “Estimated Annual Quantity” in the E-Gas Commercial Application Form.
	‘Gas Network' means the local distribution gas network owned, operated or used for the distribution of gas to the Customer.
	'Gas Supply Agreement' means the agreement between E-Gas and the Customer for the supply of gas as recorded in the E-Gas Commercial Application Form.
	'GJ' means giga joule.
	'GST' means goods and services tax under the Goods and Services Tax Act 1985.
	‘Metering System’ means any metering or measurement system owned and operated by a metering company for the measurement of gas quantities to the Customer’s Site. 
	'PPI' means the Producers Price Index, all GROUPS set out in the Statistics New Zealand publication or any replacement index as provided for in clause 34.
	'Site' means each site specified in the E-Gas Commercial Application Form to be supplied gas under the Gas Supply Agreement.
	'Supply Commencement Date' means the date specified as the “Supply Commencement Date” in the E-Gas Commercial Application Form.
	'Supply Period' means the period specified as the “Supply Period” in the E-Gas Commercial Application Form and any extension of that term pursuant to these Terms.
	'Terms' means these E-Gas standard general terms and conditions for gas supply as may be amended pursuant to clause 48.
	'Total Gas Price' means the Gas Price and Daily Network Charge specified in the E-Gas Commercial Application Form (in each case plus GST) as may be adjusted from time to time pursuant to these Terms.
	'Transmission System' means the high-pressure gas transmission system for the transportation of gas presently operated by Vector.

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