ELGAS TERMS AND CONDITIONS OF SUPPLY FOR RETICULATED (PIPED) LPG
These are our Terms and Conditions for the supply of reticulated LPG and associated equipment.
OUR RESPONSIBILITIES
- To provide a safe and reliable energy source.
- To provide a high level of customer service.
Introduction
By your setting up your gas supply account with us or by your receiving gas or other services from us after we disclosed our Terms and Conditions to you, you agree to us supplying the gas and any other services on these Terms and Conditions.
Our rates
The rates payable by you for the gas and any other services we provide are those applicable as at the time of provision as previously advised.
Whether you are using LPG or not, we will charge you an annual service charge (billed monthly) whilst there is a meter on your property.
Meters
We will supply a meter (or meters) to be placed on your property to measure the amount of gas you use.
We will arrange to have the meter (or meters) tested if we think it is faulty, or you notify us that you think it is faulty. If the testing reveals that the meter is not operating within the accepted industry standard, we will:
- Replace or repair the meter.
- Meet the cost of testing.
- Adjust your account with us (using estimates based on past usage where necessary) to the extent that the meter was measuring inaccurately.
If you request a meter test, the cost of the meter testing is payable by you if it turns out that the meter is in fact measuring the supply of gas within industry standards.
If you add to, modify or replace any equipment on your property, then we may require you to upgrade your meter(s). You may need to pay for this, and this may alter the price of the gas to you.
If you wish to have the meter removed from your property, this must be done by us or our appointed contractor. The cost of meter removal is payable by you.
Reading your meter
Between 7:30am until 7:00pm from Monday to Saturday, you must allow our staff, or meter company’s staff and contractors onto the property to read your meter. If you do not provide unobstructed access to the property during those hours, we will ask you to send us a reading of your meter (typically, a clear photo of the meter). If we are unable to read your meter, and you do not send us a meter reading, we may stop your supply of LPG. We may apply a charge to have your supply reconnected.
As long as we are given access, we aim to read the gas meter or meter(s) on your property at least every 1-3 months. Legally we are required to read your meter at least once a year.
If you vacate the property, we ask that you send us a final meter reading on your last day. If you do not send us a meter reading, we will finalise your account when our meter reader conducts their next monthly reading, or the new occupier sends us a start reading, whichever is the sooner.
Invoicing you
We aim to send you an invoice every month for your gas usage and any other services we provide you, which may include rounding. Our charges for the energy will be based on either a meter reading or an estimate of the gas you use where the invoice is for a period during which the meter has not been read. Your gas usage is calculated in accordance with the New Zealand gas industry standard methodology (currently being the Gas Measurement Requirements and Procedures published by the Gas Industry Co Our invoice may disclose your energy consumption in megajoules.
Communicating with you
We may communicate with you by email to the most recent email address you have provided to us or alternatively by postal mail sent to the property address.
The reliability and quality of your energy supply
Events beyond our control may prevent us from supplying gas, for example the network operator may suspend your supply for safety reasons or to protect property. They may also suspend your supply for legal reasons, to carry out maintenance or repairs, or to meet the requirements of other network operators or suppliers. We will give you as much advance warning as reasonably possible for any planned interruptions to our supply of gas to you. If this happens, we will resume the supply of gas as soon as we can.
Limitation of our liability
Nothing in these Terms and Conditions excludes, restricts or modifies any terms, conditions or warranties or our liability for them which are imposed or implied by any statute which cannot be excluded, restricted or modified. Limitations and exclusions are made only to the extent that we may legally do so.
Notwithstanding any other provision of these Terms and Conditions whether liability arises in contract, negligence or other tort, breach of any statutory or equitable duty, or otherwise, and except where such liability cannot by law be limited or excluded:
i) neither party will be liable in any circumstances for pure economic loss, any loss of or damage to revenue, profits, savings, contract, use, production, goodwill, business or business opportunity or consequential or indirect loss or damage. This clause shall not excuse you from complying with any obligation to pay for the gas or any services supplied under these Terms and Conditions;
ii) neither party is liable to the other party to the extent that such liability results from the acts or omissions of the other party and/or the other party’s employees, agents or contractors, and/or any third party. A party’s liability is reduced proportionally to the extent those other parties’ acts or omissions caused or contributed to the relevant loss or damage.
iii) to the extent permitted by law, if there is any non-conformance of the gas or services to any specifications, late or non-delivery, or breach of a warranty or guarantee which is implied or is imposed by law, your remedy is limited to in the case of gas, the replacement of the gas or the supply of equivalent gas; and in the case of services, supplying the services again or paying the cost of having the services supplied again.
iv) Subject to clause (iii):
a) Our liability per event or series of connected events arising from one originating cause is limited to the lesser of $500,000 and the revenue derived by us under these Terms and Conditions in the 12 months before the liability arose; and
b) Our total cumulative aggregate liability shall not exceed the lesser of $1,000,000 and the total revenue derived by us in connection with these Terms and Conditions.
v) The liability caps set out in clause (iv) apply across all supplies of gas and services, (including purchase orders or similar) collectively and to any liability to all related parties collectively.
Neither us, nor you will be liable in an event or circumstances beyond our or your control. An event or circumstance beyond our or your control includes but is not limited to: an Act of God, war, earthquake, fire, lightning, storm or other similar events.
If you suffer any loss from any interruptions, variations, or failure in the network that we have not caused, and we are able to recover any money relating directly to your loss from another person(s) we will pay this to you and any other customer that is directly affected.
In any case, if you suffer a loss, you may have a claim against a third party and you should consult your insurance company or lawyer.
YOUR RESPONSIBILITIES
Your responsibilities for the supply equipment include:
- Any repairs and or maintenance to the meter box
- Ensuring all appliances on your property comply with all relevant legal and network connection requirements.
- Repairs and maintenance to all gas supply equipment and appliances that are located past the point of connection on your property. (i.e. after the meter)
- Consulting a qualified trade person before installing, altering or repairing any gas appliances on your property.
You must let us know promptly if:
- Your required gas supply pressure has altered.
- You install or modify any gas equipment or appliances.
- There is or will be any increase in your demand for gas.
- Any gas supply equipment on your property is defective, damaged, leaking or (in the case of a meter) operating inaccurately, so that we can suspend you gas supply until the fault is rectified.
- You become aware of a hazardous situation (i.e. a gas leak).
Invoice payments
You are responsible for paying all charges or fees shown on our invoices to you in full by the due date on the invoice (whether they are based on a meter reading or an estimate including rounding). It is your responsibility to pay for GST or any other taxes levied on our supply of gas as shown on our invoices.
What to do if you think we’ve made a mistake
If you believe that a mistake has been made in any invoice we send you, you should notify us before the due date. We will try to resolve any queries as quickly as possible. Where there is a dispute, the amount not in dispute must still be paid by the due date. If the mistake was an error in your favour, we will credit your account with the amount found due to you.
Paying connection, transfer, and special meter reading fees
It is your responsibility to pay fees (if any) for:
- Your connection or reconnection to, or disconnection from the energy distribution network.
- Turning your gas supply on and off.
- Any special readings of meters on your property.
Paying debt collection costs
It will be your responsibility to pay us or our debt collector for any costs incurred in recovering any monies owed by you under these Terms and Conditions. This obligation will survive the ending of our supply of gas or services.
Giving us access to your property
You must provide us with safe and easy access to your property to:
- Read any meter(s) on your property.
- To turn your supply on and off if required
- To conduct any inspections, testing, installation, and maintenance of gas supply equipment.
- Remove any gas supply equipment.
- Avoid hazardous situations (e.g. if you own a dog which is loose on the property)
- Enable us to enforce these Terms and Conditions and comply with the law.
We will normally only access your property during normal business hours, or as part of any special arrangement we may have with you. In any emergency you will need to give us access immediately and at any time.
If any gas supply equipment is located inside a building on your property (or behind doors or gates that are normally locked) it is up to you to provide a key or to arrange access for us.
Transfers of rights and responsibilities
We may transfer our rights and responsibilities to a third party. We may:
- Transfer any debt you owe us to a third party (i.e. a debt collection agency)
- Allow an approved contractor to carry out any of our responsibilities under these Terms and Conditions.
What to do if you are not the owner of the land
If you are not the owner of the land or the land is owned together with others, you must obtain their written consent before any gas supply equipment is installed. You will be liable for any loss or cost to us if you do not get consent from the property owner or other landowners.
Want to end gas supply or services
If you wish to terminate gas or services supply you must give us at least 1 month’s notice in writing and a forwarding address. Our charges will stop on an agreed date (if you have stopped receiving gas, have had a final meter reading and have stopped receiving any services from us) and all outstanding monies have been paid.
Other reasons for stopping your gas supply
If for some reason you do not meet the obligations outlined in these Terms and Conditions, we will send you written notice explaining what is happening and what you need to do. If you ignore this, we may suspend or cease your gas supply and cease our agreement with you. At least 24 hours’ notice will be given before we suspend or cease your gas supply, and you will still be required to pay all outstanding amounts. We will not suspend or cease your gas supply for amounts in dispute.
General
If ‘you’ are more than one person, you are responsible for both your personal actions, and the actions of the other person in relation to these Terms and Conditions.
Complaints
If you have a complaint, please call us on 0800 435427 or email us on retic@elgas.co.nz. If we cannot resolve your complaint, you can contact Utilities Disputes Limited on 0800 22 33 40 or go to www.utilitiesdisputes.co.nz. Utilities Disputes is a free and independent service for resolving complaints about utility providers.
Notifying us
If you need to notify us of anything, you can phone or email us on:
Freephone: 0800 435 427
Email: retic@elgas.co.nz