STANDARD BUSINESS CUSTOMER SUPPLY AGREEMENT

Transcription

1 STANDARD BUSINESS CUSTOMER SUPPLY AGREEMENT WHO AND WHAT DOES THIS AGREEMENT APPLY TO? 1. We are suppliers of Energy and have contracts with Network Operators and Meter Operators for the supply of Gas and Electricity to our customers. 2. Your completed Application Form and our acceptance of your Application Form and the terms and conditions set out herein shall constitute an agreement for the supply of Gas and/or Electricity to you if you are a Business Customer of ours unless you enter into an alternative written agreement with us. 3. These terms and conditions shall apply if you are an existing Business Customer unless there is already a written agreement for the supply of Gas and/or Electricity in which case except as otherwise set out herein these conditions shall not apply in respect of that energy supply. 4. This Agreement replaces prior standard terms and conditions for the supply of Energy and associated services to Non-Residential Customers. This Agreement, Our supply of Energy to you and your taking of Energy from us are subject to all statutes, regulations, and industry rules and codes of practice from time to time relating to the supply of Energy, (including the Gas Act 1992, the Gas Regulations 1993, the Electricity Act 1992, the Metering and Reconciliation Information Agreement (MARIA) dated 21 March 1994, and any amendments or variations thereto), as well as any requirements that the Network Operator and/or Meter Operators may impose relating to the use of their local lines networks or metering equipment. 5. Except as otherwise set out herein the Agreement which is effective from the 2nd day of June 2003 applies to the supply of Energy and Network Services provided by us to you in your capacity as a Business Customer. 1

2 CHANGES TO TERMS AND CONDITIONS OF SUPPLY 6 We can change the conditions set out herein by giving you written notice. Written notice can be given by us publishing the changes in a newspaper sold in your area or can be posted to you or included with an account sent to you by us for Energy used. 7. If changes are to be made to these conditions (other than pricing changes which are explained in Clause 28) we will either write to you, or will publish a notice in the Public Notices section in a newspaper sold in your area of our intention to make changes to this Agreement and will provide you with a copy of the proposed changes on request. Prior to the publication of this notice we will also advise you of our intention to change the Agreement by including a message to this effect on your Energy account. You will have a reasonable opportunity to give us your suggestions or objections to the proposed changes and we will give you at least 30 calendar days notice of our intention to change the Agreement. 8. You shall pay any cost, tax levy, impost or charge of any kind whatsoever relating to carbon content or the emission of Greenhouse Gases applicable to the production, processing, transportation, storage, sale and/or combustion or together use of natural gas imposed by, or as a result of regulatory regime, imposed by any Authority 9. If you are not already a Business Customer, you can apply to become one by: making a verbal application with us in person or by telephone; or continuing to receive and use Energy at premises where the previous Business Customer has left; or arranging for us to turn on an Energy supply which had been previously turned off; and/or completing an Application Form or agreement. 10. Regardless of how you apply to become a Business Customer you will be required to complete and sign an Application Form or Agreement. This must be completed and returned to us within 5 Business Days of your application to become a Business Customer or we may disconnect your Energy supply. If for any reason we decline to accept your application to become a Business Customer we will advise you of our decision in writing. It may take us up to thirty days to process your application. You shall be deemed to be a Business Customer if you have not been notified otherwise within thirty days of our receiving your completed Application Form. You agree that pending our accepting or declining your application to become a Business Customer the terms and conditions set out herein will apply and you will be bound by them. 11. We are not under any obligation to accept you as a Business Customer or to advise you why you were not accepted. We may decline to supply you for any reason we consider appropriate including if we you pose an unacceptable credit risk to us or believe the supply would be impractical, uneconomic, unsafe or may adversely affect the existing Energy supply to any other customer. 2

3 12. If we decline your application to become a Business Customer we will use our best endeavours to advise you of our intention to disconnect your Energy supply prior to disconnection. WHAT ARE YOUR RESPONSIBILITIES? 13. You are responsible for paying for the services we provide to you by the due date shown on the Energy account we send to you. 14. If you have agreed to take Energy for a fixed period of time then these conditions of supply shall apply but you continue to be bound for the original term you agreed to. If you cease taking Energy during the fixed term of your agreement with us as a result of your ceasing trading, sale of your business, changing energy suppliers or permanently disconnecting the Energy supply at Your Property you will be required to pay the sum equivalent to the Daily Charge for your Energy supply as described in our Pricing Schedule, for the number of days remaining in the term of your agreement with us. 15. If you want to end this Agreement you must give us at least 2 Business Days notice and specify when you wish your supply to cease. Subject to any other provision herein our charges will stop at the time you have specified and you have ceased to use Energy, when a final invoice will be submitted. Your Agreement with us will come to an end when any outstanding amounts due to us have been paid. You are liable for all Energy consumed at the premises shown in your Application Form until we have received notice of termination and up to 2 Business Days after the date of that notification. 16. You must ensure that all pipework, wiring, appliances and associated equipment on Your Property are in good condition and comply with all relevant legal and network connection requirements, regulations, and codes of practice. 17. You are responsible for all Energy supplied past the Point of Supply on Your Property and must report any suspected Gas leaks to us as soon as possible. You are responsible for any repairs to your Energy installation after the Point of Supply including any repairs or maintenance that may be needed to your meter box, meter board and any fuse or other wiring if owned by you. If you wish to clarify the Point of Supply or supply arrangements to Your Property please contact us. 18. You are required by law to ensure that any installation work and alteration or maintenance of any energy appliances and/or equipment is carried out by qualified personnel or otherwise authorised persons. You must provide us with a copy of all relevant Gasfitting and Electrical Installation Certificates within five business days of the completion of any installation or alteration, otherwise we are required by law to terminate your supply. If you need assistance in obtaining your certificate please contact us. 19. You will be liable for all charges as detailed in our Business Customers Pricing Schedule and in our Service Fee Schedule from when a supply of Energy is made available to you regardless of whether you actually use any Energy. 20. You must ensure that any meters owned by you accurately record the Energy supplied to Your Property and that they meet the requirements of any applicable industry standards. You must notify us if you suspect your meter is not accurate. 3

4 21. You must protect (and not interfere or allow other people to interfere with) any meters, fittings or other equipment owned by You, Us, or any third party and must not attempt to send or receive signals or other forms of communication through the Electricity Network nor connect or modify any fittings or other equipment on Your Property so as to enable any electricity generated on Your Property to be conveyed through the network to which you are connected. 22. Voltage and frequency fluctuations can occur that are beyond our control and can damage sensitive electrical appliances. We will not be liable to you in any way as a result of any voltage or frequency fluctuation. You can reduce the risk of damage from power fluctuations by installing surge protection devices or by making other arrangements to protect your equipment or meet your particular needs. It is your responsibility to protect your sensitive equipment. You should contact your electrician or appliance manufacturer for information about protection options. 23. You are to maintain any trees and other vegetation under your control so that they do not interfere with meters, fittings, gas pipes and electricity lines on Your Property. Failure to do so may result in us giving you written notice requiring you to clear the trees and vegetation within a specified time or the provisions of clause 45.2 shall apply. 24. You must give us at least seven days notice before carrying out any excavation or modification to Your Property which may affect the Energy supply to Your Property or any surrounding property. Network Operators offer line location services by arrangement. If any part of the Network needs to be moved or altered in any way we can arrange to have the work completed, which may be at your expense. In such cases you will be provided with a quotation prior to the commencement of this work. 25. You must provide us, the Network Operator and the Metering Operator with reasonable, safe, and unobstructed access to Your Property for meter reading, testing, inspections, and maintenance requirements and to enforce the terms of this Agreement and comply with the law. You also agree to comply with the provisions of clause 48. Access will normally only be required during usual business hours or at another time as agreed with you however under some circumstances (such as for safety reasons, the protection of Property or to restore the Energy supply in your area) You will need to give us, the Network Operator and/or the Metering Operator immediate access. 26. You are responsible for ensuring that the Energy supplied is suitable for your business application. WHAT DO YOU PAY FOR? 27. You pay for the services we provide to you, including the Energy that you use and the delivery of that Energy to Your Property. We will send you regular accounts setting out the amount you owe us for the Energy used by you and the due date for payment. Payment must be made by the due date. 28. The various pricing options available to you are set out in our Business Customers Pricing Schedule and Service Fee Schedule which are available on request from us. We will give 4

5 you at least 30 calendar days notice of any changes to prices that may affect you by placing a notice in a newspaper sold in your area or by notifying you directly in writing, or by placing a message on your Energy account. 29. You may be required to pay a deposit as security for payment of Your Energy account. Minimum deposits are specified in our Service Fee Schedule. We will not pay interest on any deposits held. Deposits may also be used by us to pay for or reduce any debts that you owe us. Deposits, less any money owing by you, will be refunded to you on termination of this Agreement. We will not transfer your deposit to any other Customer. When a deposit is required you must pay it at our request. 30. If any cheque, automatic payment or direct debit payment you make to us is dishonoured by your bank we may charge you a dishonour fee as specified in our Service Fee Schedule in addition to recovering all other amounts owed to us. 31. If you have failed to make payment by the due date we may charge you a late payment fee being the charge set out in our Service Fee Schedule together with interest on the outstanding monies at a rate of interest of FIVE PER CENT (5%) above the standard business overdraft rate charged by our bank calculated daily from the due date for payment until payment is made and we may charge you an administration fee as specified in our Service Fee Schedule to cover the costs of pursuing the late payment. 32. We may charge a connection fee or disconnection fee as specified in our Service Fee Schedule. 33. You are liable for fees or expenses incurred by us in collection of monies owed to us including our legal expenses. 34. Should your account have a credit balance greater than $ and you are not one of our Easypay customers, you may apply for a refund. We will not refund any amount of less than $ unless your supply has been terminated. The first cheque refund in any 12-month period will be free of charge. The second and additional refunds in any 12-month period will be charged for at the rate set per our Service Fee Schedule. Easypay customers are subject to separate agreement. 35. You will be required to pay for all Energy provided to Your Property including any unrecorded consumption from when you take Energy until when you cease to be a Business Customer in accordance with the terms set out herein. 36. If we issue an incorrect account as a result of a faulty reading or your being an incorrect tariff we will refund you the amount of any overcharge or require you to pay the amount of any undercharge within 30 calendar days of the error being advised to you in writing. WHAT ARE OUR RESPONSIBILITIES AND COMMITMENTS? 37. We will endeavour to supply you with a safe and continuous supply of Energy. However we cannot guarantee to provide you with a continuous supply of Energy. 38. Our usual practice is to read gas and/or electricity meters monthly. We may agree to another arrangement with you but are under no obligation to do so. Any estimated accounts will be 5

6 based on our estimates of your usage or we may accept as an alternative an actual reading provided by you. Acceptance of customer-provided meter readings is at all times at our absolute discretion. Estimated accounts must be paid on the same basis as accounts issued following an actual meter reading. 39. Invoices for Energy used will be issued monthly. 40. Metering practices will comply with all current industry standards. If either you or we believe that your meter may be recording incorrectly we will carry out an investigation. If you are not satisfied with the results of the investigation we can arrange for an independent test to determine the accuracy of the meter. If such test proves that the meter is measuring the Energy supplied correctly (within accepted industry standards) we reserve the right to charge you for the cost of testing. These charges are detailed in our Service Fee Schedule. If the test reveals that the meter is recording outside the accepted industry standards then if both you and we agree we will adjust your account back to the last meter read and if we do not agree the provisions of clause 51 shall apply. 41. If your meter fails we will estimate the quantity of Energy that you have used since the last meter reading date by comparison with the same period the previous year or the expected consumption of a Customer with a similar record of usage and pay such estimate. We will also take into account any changes in your business that have occurred over the previous 12 months. 42. Unless otherwise agreed with you, we, the Network Operator and/or the Metering Operator, will give you at least two days notice of planned shutdowns which will impact on delivery of Energy to Your Property. Notice will be given by telephone, in writing, in a newspaper sold in your area or on the local radio station. Supply may however be interrupted without notice due to a Force Majeure Event and We may ration or restrict your Energy supply if an abnormal supply situation exists. Should this happen, we will work with the relevant parties to try to minimise any inconvenience to you. 43. All of our employees and contractors carry identification cards, as do employees and Contractors of the Network Operators and Metering Operators. They will usually make themselves known to you prior to carrying out any work. You can refuse them access to Your Property if they cannot show you their identification card. 44. We have strict internal procedures to ensure that Customers keys and security information are kept secure. DISCONNECTION FOR DEFAULT OR NON-PAYMENT OF ACCOUNT 45. We may at our sole option terminate this Agreement by giving notice in writing to you of such termination but without prejudice to any other rights we have whatsoever in any of the following events: You default in payment of any moneys payable under this Agreement for a period of five Business Days from payment becoming due; or 45.2 You default in the performance of any of the other covenants or obligations imposed upon you by this Agreement and in addition fail to remedy or remove the cause or 6

7 causes of default within a period of thirty days of notice from us requiring you to remedy or remove the cause or causes of default; or 45.3 If You are a company a resolution is passed or an order made by the Court for winding up of you except for the purposes of reconstruction or amalgamation; or If You are placed in liquidation; or If you shall make or enter into or endeavour to make or enter into any composition assignment or other arrangement with or for the benefit of its creditors; or 45.4 If you are an individual and you are bankrupted DISCONNECTION BY US FOR OTHER REASONS 46. We are not under any obligation to continue to supply you with Energy. We may, for example, terminate supply where we believe the supply is impractical, uneconomic, unsafe or may adversely affect the existing Energy supply to any other Customer. We will endeavour to give you at least 90 days notice of termination pursuant to this clause but will not be liable to you in the event notice is less than that. NETWORK OPERATOR AND METERING OPERATOR 47. The connection of new and existing properties without a current Energy supply is subject to the Network Operator and Metering Operator s requirements for connecting to the Distribution Network. We will be able to assist you to obtain details of these requirements. 48. The lines and equipment up to Your Point of Supply are owned by the Network Operator and/or Metering Operator, and they maintain the right to have access to Your Property and that equipment even after this Agreement ends. It is the obligation of the Network Operator and Metering Operator to keep their equipment safe and in good repair, and maintain it to recognised industry standards. They must comply with all legal requirements and applicable statutes, regulations, and industry rules and codes of practice as outlined in clause 4 of this Agreement. You agree to comply with the terms of any agreements we have from time to time with any Network Operator and Metering Operator that are applicable to your supply of Energy provided those terms are reasonable and to take all reasonable steps that may be required to allow us to comply with such agreements. A copy of any relevant terms is available on request subject to our complying with any confidentiality obligations that we might have and you paying any reasonable photocopying charges which we will advise prior to supplying such information. PROPERTY AND LIABILITY 49.1 Property and risk in all Gas and/or Electricity supplied shall pass to you at the Point of Supply. You shall bear all losses or damages arising out of or in any way directly or indirectly connected with Gas and/or Electricity after the passing of property and risk We shall not be liable in contract tort or otherwise to compensate you for any loss, injury or damage arising directly or indirectly from 7

8 any act omission error default or delay of us or our officers, employers or agents; or any act or omission of any other customer of Ours or any other third party for whom We are not responsible; or interruption, restriction, failure or unsuitability of supply of Gas and/or Electricity; whether the loss, injury or damage is the direct or indirect result of negligence or otherwise, a deliberate act or omission or otherwise If for any reason it is determined by a Court of competent jurisdiction that notwithstanding any other provision in this Agreement we are liable to you for breach of this Agreement or arising out of any performance, intended performance or non-performance by us of our obligations under this Agreement, our liability to you shall never exceed the loss or damage sustained by you directly in or arising out of that breach. In addition under no circumstances will we be liable to you in contract, tort or otherwise for any consequential loss or damage including, but without limiting the generality thereof, your loss of profits, business or anticipated savings, damages, awards against you in favour of third parties, sums paid by you to third parties by way of settlement and any costs and expenses incurred by you in connection with claims, demands, actions or proceedings by third parties against you, whether or not the consequential loss or damage was or ought to have been foreseeable by or known to us If for any reason we or our officers, employees, or agents are liable to you in contract, tort (including negligence) or otherwise, the combined maximum liability of us to you shall not exceed the equivalent of the previous month s Energy account paid by you in respect of any one event or related series of events, with a maximum liability in any 12 month period equivalent to the previous 12 month s Energy accounts paid by you irrespective of the number of events Each limitation or exclusion of this Clause 49 and each protection given to us or our officers, employees or agents by any provision of this Clause 49 is to be construed as a separate limitation or exclusion applying and surviving even if for any reason any of the provisions is held inapplicable in any circumstances Nothing in this Clause 49 shall limit the right of the Parties to enforce this Agreement by seeking an order for specific performance in any Court of competent jurisdiction You shall indemnify and keep us indemnified from and against all claims, demands, actions and proceedings whatsoever which may be made or brought by any person arising out of or in any way directly or indirectly caused or occasioned by or connected with or attributable to Gas and/or Electricity by us to you unless such claims, demands, actions or proceedings are due to breach of obligations of us under this Agreement You acknowledge that Gas and/or Electricity supplied pursuant to this Agreement is to be used for business purposes and that the Consumer Guarantees Act 1993 (or any amendment thereof) shall not apply to the sale of Gas and/or Electricity evidenced by this Agreement. WHAT HAPPENS IF WE DISAGREE ON SOMETHING? 8

9 50. Please contact us with any problems as soon as you can. We will make every effort to answer you within five business days. If you are not satisfied with our response, please write to our Commercial Manager who will contact you within two business days to try to resolve the problem. 51. In the event of any dispute arising out of or under this Agreement the parties agree to use all reasonable means to resolve such dispute as quickly as possible but if such dispute shall not be resolved within a reasonable period having regard to the nature of the dispute, then Where the parties agree, the dispute shall be determined by arbitration or mediation; or 51.2 Otherwise the parties shall be entitled to have recourse to court proceedings. 52. In the event of any dispute concerning an invoiced amount you shall within 10 days from the date you received the invoice notify us in writing identifying the amount in dispute and giving full reasons for the dispute. Notwithstanding the dispute you shall pay the amount of the invoice and the provisions of Clause 51 shall apply. If on resolution of the dispute it is determined that we owe any amount related to the disputed invoice to you we shall promptly refund such sum to you. PERSONAL INFORMATION 53. In order to supply you with Energy we need some information about you. This information will only be used for the purpose for which it was collected, unless you agree otherwise in writing, we are required by law to disclose it, or this Agreement allows disclosure. 54. You can request a copy of all information we have about you or your account and you are able to correct the information if it is wrong. 55. You agree that we may make enquiries in respect of you to determine your creditworthiness and give information about you to an agency engaged by us to recover overdue amounts. Only information necessary for debt collection will be passed on. 56. You agree that we may give information to the Network Operator and/or Metering Operator for the purposes of running the Network, our electricity supplier and other energy retailers in accordance with the industry switching and/or reconciliation rules. 57. You agree that we may send you information, such as details of payment methods, energy efficiency information, and marketing promotions or special offers, if we believe it may benefit you. SAFETY & SECURITY 58. We may need to disconnect or ration your supply of energy immediately if we, or the Network Operator or Metering Operator need to protect health or safety or prevent damage to Property, or if there are restrictions to the availability of Energy. 9

10 59. Tampering with meters and supply equipment is dangerous and is a criminal offence. 60. If you are supplied with Energy as a result of tampering with or bypassing a meter you will be prosecuted. NO ASSIGNMENT 61. You may not transfer any of your rights or obligations under this Agreement to any other person without obtaining our consent in writing. NOTICES 62. Any notices given shall be in writing and delivered by facsimile, or prepaid letter to the number or address and/or facsimile number of that other party appearing in the Application Form and shall be considered to have been received in the case of a facsimile on the day it is sent; 62.2 prepaid letter on the second business day after being posted. Either party shall notify the other in writing of any change of address for service of notices. PRIORITY OF SERVICE 63. In addition to any other rights we may have we may without notice reduce or suspend the use of Gas and/or Electricity where in our reasonable discretion the situation so requires. Without limiting the scope of our discretion, such reduction or suspension may be by reason of actual or threatened shortage of Gas and/or Electricity or in the interest of public health, welfare and safety. We shall not be liable in damages to you for any reduction or suspension in supply of Gas and/or Electricity. ADVICE AS TO YOUR ESTIMATED REQUIREMENTS 64. You will at our request on or before the 31st day of March in each year furnish to us written monthly estimates of the monthly quantity of Gas which the you expect you may require from us for the twelve month period, July to June. You will use your best endeavours to ensure the accuracy of its estimates. LIMITATION ON DISPOSAL 65. Gas and/or Electricity supplied by us to You pursuant to this Agreement is for your own uses exclusively at or adjacent to the Point of Supply and, except with our consent, shall not be resold or otherwise supplied to any other party. SEVERABILITY 66. If any clause or provision of this Agreement shall be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions of this Customer Supply Agreement which shall remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included in this Agreement. 10

11 NON-WAIVER OF RIGHTS 67. No failure or delay by us in exercising any rights under this Agreement shall prejudice the future exercise of such rights. 68. Termination of this Agreement shall not release you from your obligations to us and shall be without prejudice to the rights and remedies we may have against you. GUARANTEE 69. If you are a limited liability company the directors and/or shareholders may be asked to guarantee your obligations. Any person who completes the Application Form as Guarantor agrees that in consideration of us agreeing to supply Energy to you at the Guarantor s request (which is hereby acknowledged) the Guarantor: 69.1 Guarantees payment pursuant to this Agreement and the performance by you of the covenants in this Agreement, and 69.2 Indemnifies us against any loss we might suffer as a result of breach of this Agreement by you. 70. The Guarantor covenants with us that: 70.1 No release delay or other indulgence given by us to you or any other thing whereby the Guarantor would have been released had the Guarantor been merely a surety shall release prejudice or affect the liability of the Guarantor as a guarantor or as indemnifier The Guarantor may for all purposes be treated as you and we shall be under no obligation to take proceedings against you before taking proceedings against the Guarantor The Guarantee is for the benefit of and may be enforced by any person entitled for the time being to receive payment for Energy taken pursuant to this Agreement An assignment of the Agreement in accordance with the Agreement shall not release the Guarantor from liability Should there be more than one Guarantor their liability under this guarantee shall be joint and several. DEFINITIONS Agreement the agreement recorded by your completing the Application Form, our acceptance of your Application Form and the terms and conditions set out herein. Application Form means our application for an energy supply for a Business Customer 11

12 Business Customer means a person who takes Energy for purposes associated with the operation of a business. Business Customer s Pricing Schedule means our published schedule of prices for energy, applicable from time to time in your area. Business Days means the days on which normal banking business is conducted in your area. Customer means you. Daily Charge means the fixed charge that is applied for each day that we make energy available to you at Your Property and as described in our Pricing Schedules. Distribution Network means the gas distribution facilities on the Network Operator s side of the local Transmission receipt point owned or operated by the Network Operator to convey Gas to the Consumer s Point of Supply including Metering Equipment where applicable. Electricity means electrical current to a standard and suitable in all respects for transmission to, and use by, business customers. Electricity Fittings means switches, relays, fuses, wiring, and equipment used to deliver or use electricity. Energy means Electricity and/or Gas. Force Majeure Event means any event or circumstance that is beyond our control and includes, but is not limited to, floods, earthquakes, lightning strikes, fires, industrial action, transmission faults, and lack of generation or Gas. Gas means natural gas to the Specification for Reticulated Natural Gas, New Zealand Standard 5442:1999 and any revisions thereof. Late Payment Fee means the fee that is applied to all customers who do not pay their energy account on or before the Due Date. MARIA means the Metering and Reconciliation Information Agreement dated 21 March 1994, as amended, varied, or replaced from time to time, and its rules and applicable codes of practice. MARIA provides a set of rules that govern the transmission, distribution, and metering of electricity sold in the New Zealand Electricity Market. Meter means, the meter installed at Your Property to measure the quantity of Energy We supply to you. For Electricity the meter includes all load control relays and demand and reactive power metering which may be used to measure and/or control your patterns of electricity usage and/or demand. For Gas, the meter includes all valves, filters, and gas regulators associated with or near the gas meter for Your Property. 12

13 Metering Operator means the owner and operator who owns and operates the gas and/or electricity meter installed at Your Property. Network Operator means the owner and/or operator of the local distribution network that supplies Energy to your property and upstream high-pressure or high-voltage transmission services. Network Services means the services associated with the conveyance of energy to Your Property by the Network Operator. Our representatives means any of the following acting on our behalf or with authority from us: Our employees, contractors, or agents; the Network Owner/and Operator or their employees, contractors, or agents; the meter reader, or the meter reader s employees, contractors, or agents; the meter owner, or the meter owner s employees, contractors, or agents. Point of Supply means the point at which the responsibility for the energy supplied transfers to you. For electricity this is the point at which Your Property connects to a circuit breaker, switch, fuse, or other isolating device on the Network Operator s network. For Gas this is the point at which Your Property connects to the outlet of the Gas Meter. Service Fee Schedule means our published schedule of prices for energy related services, applicable from time to time. We, we, Us, us, Our, our means Energy Direct NZ Limited and includes its officers, employees, contractors, agents, successors, and assignees. Your Property means the property (including any buildings) where we agree to supply energy to you. You, you and Your, yours means you, the Customer. 13