Terms and conditions of supply

Piped and bottled (cylinder) terms and conditions of supply.

Residential bottled LPG

1. INTRODUCTION

1.1 These are the terms and conditions on which On Gas Limited agrees to supply Gas and Equipment to you.

1.2 The effective date of this Agreement is the delivery date of your first gas cylinder.

1.3 Definitions used:
“Agreement” means these OnGas Terms and Conditions (including the Pricing Schedule).
“Equipment” means the gas cylinder(s) and any other gas supply equipment supplied to you by On Gas Limited.
“Gas” means Liquefied Petroleum Gas.
“OGL”, “we”, “us” or “our” has been used for On Gas Limited.
“Pricing Plan” means the pricing plan set out in the “Get OnGas – LPG for your home” brochure for the North Island or South Island (as applicable), which you hereby acknowledge receipt of, or any brochure or other document in substitution for that brochure.
“Property” means the property to which we will deliver Gas under this Agreement.
“Public Notice” means notice in your local newspaper.
“Rental” means the annual rental for the Equipment set out in the Pricing Plan.
“You” and “your” means the customer party to this Agreement.

1.4 We may make changes to this Agreement (including the Pricing Plan) at any time and from time to time. We will notify you of any changes by writing to you or by Public Notice at least two weeks before the changes come into effect (you acknowledge and agree that such written notice may be included in an invoice sent to you under clause 6.2 of this Agreement).

2. EQUIPMENT

2.1 We will deliver the Equipment to you and you will pay us the Rental for the use of the Equipment. The Rental is an annual sum payable in full in advance at the beginning of each 12-month period of this Agreement.

2.2 The Equipment will remain our property at all times and may not be sold, rented, charged or otherwise transferred by you without our prior written consent.

2.3 You will keep the Equipment safe, in good condition and on the Property. You will notify us of any damage to the Equipment and will not undertake any work on the Equipment except where authorised by us. Subject to clause 8.3 below, you will pay us the full replacement or repair costs in respect of any lost or damaged Equipment (except where we have caused the loss or damage).

2.4 We may come onto the Property to inspect the Equipment at any time, provided we give reasonable notice. We will normally only access your property during business
hours. However, in an emergency you will need to give us access immediately if required.

2.5 Notwithstanding anything to the contrary in clause 2.2 above, you agree that you own any regulators at the Property that were supplied by us prior to 31 August 2006.

3. DELIVERY, RISK AND TITLE

3.1 We will use our reasonable endeavours to deliver the gas cylinders to you within 5 working days of receiving your instructions. Deliveries will be made during normal business hours unless otherwise agreed with you.

3.2 If urgent delivery is required within 24 hours or outside our usual business hours, we will consider all requests and if we are able to deliver, we will do so. You must pay us a fee (in accordance with our current delivery rates) for any such urgent deliveries or deliveries outside our usual business hours.

3.3 You must provide us with safe and easy access to the Property (including keeping any dog or other dangerous animal under control) to enable delivery of the Gas and Equipment. You may be charged an additional fee if the Property does not meet our normal delivery conditions.

3.4 Gas is deemed to have been delivered to the Property when the Gas cylinders are unloaded at the Property, and property and risk in the Gas passes from us to you upon delivery.

3.5 We will be under no obligation to deliver Gas to you if and for so long as you are in default of any obligation under this Agreement (including payment of any amount owing by you to us plus interest).

3.6 Risk in the Equipment (including any Gas contained in such Equipment) will pass back to us when we collect the Equipment.

4. TERMINATION

4.1 You may terminate this Agreement at any time by giving us three weeks written notice (in your notice you must also give us your new forwarding address).

4.2 We may terminate this Agreement at any time by giving you two weeks written notice. We may terminate this Agreement immediately and without notice if you:
(a)   fail to pay any money payable to us under this Agreement by the due date for payment; or
(b)   tamper or interfere with any of the Equipment or breach any terms of this Agreement.

4.3 You agree that upon termination of this Agreement you will not be entitled to any refund (in whole or in part) of the Rental (unless you have punctually performed all of your obligations under this Agreement for a continuous period of at least one year immediately prior to termination) and will:
(a)   pay us for all amounts owing by you to us under this Agreement;
(b)   allow us to immediately enter the Property and collect the Equipment.

4.4 If you move house or leave the Property permanently, you must give us at least three weeks written notice prior to vacating the Property. This time allows us to either make arrangements with you in respect of your new property and with the new owner of the Property or to terminate this Agreement. If you do not give us at least three weeks written notice, you will be liable to pay for Gas used at the Property and any damage to, or loss of, the Equipment until such time as this Agreement is terminated.

4.5 If the new occupier of the Property does not immediately enter into an agreement with us, we will collect the Equipment from the Property as soon as is reasonably practical (but will not be liable to you for any delay in collecting the Equipment) and you must pay us (in addition to any other money payable by you to us) a fee for doing so.

5. SAFETY

5.1 You will use the Gas and Equipment in a manner which complies at all times with any relevant laws and regulations. You agree that we may suspend delivery of Gas at any time, and will not be liable to you in any way for doing so, if we think the Property is unsafe or if we consider that the delivery conditions at the Property represent a hazard to our delivery drivers.

5.2 You will ensure that your current gas installation has been certified by a registered gasfitter in accordance with regulations under the Gas Act 1992 (and provide us with reasonable proof of this if requested by us). If you store more than 100kgs of Gas (for example, if you have more than the standard two 45kg cylinders) on the Property, you must obtain a current site location certificate in accordance with the Hazardous Substances and New Organisms Act 1996 and associated regulations.

5.3 You will use all Gas and Equipment in a safe and prudent manner, notify us immediately if you suspect any defect in the Equipment (such as an unintended escape of Gas from the Equipment) and not relocate, remove or tamper or interfere with any Equipment.

6. PRICES/FEES AND PAYMENT

6.1 Unless we have agreed otherwise with you in writing, you will be charged for the Gas in accordance with the Pricing Plan.

6.2 Each month, you will receive an invoice for our charges for the Gas unless, as at the date that such invoice would otherwise be issued, there has been no activity on your account under this Agreement since the period covered by the previous invoice sent by us to you under this Agreement. The invoice may be sent to you by us or by a third party, and will specify the ways in which you can pay the amount owing by you to us.

6.3 All money owing by you to us must be paid in full (without deduction or set off) by the due date on your invoice. Without prejudice to our other rights and remedies (including the right to terminate this Agreement), we may charge you interest on overdue accounts at the rate of 2.5% per month until the date we receive payment in full from you.

6.4 You will pay any costs incurred by us (including debt collection fees and solicitors’ costs) in recovering or attempting to recover any outstanding money from you.

7. PRIVACY ACT

7.1 In the event that any personal information (as that term is defined in the Privacy Act 1993) regarding you is disclosed to us under or in relation to this Agreement, the use, disclosure and security of that information (and your access to it) will be as set out in the privacy policy of our parent company, Vector Limited (the privacy policy can be found at www.vector.co.nz).

8. GENERAL

8.1 All rights of OGL shall remain in force notwithstanding any delay or forbearance of enforcement and no waiver by us shall arise under any circumstances unless such waiver
has been expressly agreed to in writing by OGL.

8.2 Except to the extent provided in the Consumer Guarantees Act 1993, we shall not be liable to you, or to anyone else for any breach of this Agreement or for any expenses, losses or damage (whether foreseeable or not) to you, other persons or to any property. To the extent we are liable, our liability will (to the extent permitted by law) be limited to the price paid by you for the Gas or Equipment supplied by us which gave rise to the claim. We are not liable in any circumstances for consequential losses, indirect losses, loss of profits or similar claims.

8.3 To the extent permitted by law, OGL is not liable for any loss or damage arising from an event beyond our control and which prevents us from carrying out our responsibilities under this Agreement.

8.4 You indemnify us in respect of all claims, demands, actions, suits, proceedings, damages, losses and expenses of any nature, arising out of or in connection with any damage or loss to any third party from the Gas and/or Equipment while they are in your possession.

8.5 You may not transfer or assign any of your rights or responsibilities under this Agreement without our written agreement. We may transfer or assign all or any part of our responsibilities under this Agreement. Notice of the transfer will be given to you either in writing or by Public Notice.

8.6 The benefits of this clause 8 extend to our employees and agents for the purposes of the Contracts (Privity) Act 1982.

Residential piped LPG

1. INTRODUCTION

1.1 These terms and conditions of supply govern the sale of gas by the Company to the Customer.

1.2 Where the Customer comprises more than one person, each person is jointly and severally responsible for complying with this Agreement.

2. FEES AND CHARGES

2.1 The Customer will be charged and has agreed to pay the fees and charges set out in the OnGas price list applying from time to time. Fees and charges are GST inclusive.

2.2 The Company may alter the price it charges for supplying Gas at any time by giving a minimum of 2 weeks’ notice to the Customer.

3. PAYMENT

3.1 The Customer will pay the total amount contained in any invoice sent to the Customer without deduction or set off of any kind on, or before, the 20th of the month following the date on which the Company issued that invoice. The Company may at any time require immediate payment from
the Customer (without formal demand) if the Company in its discretion considers the Customer to be a credit risk.

3.2 In some circumstances the Company may require a deposit to be paid by the Customer before the Company supplies Gas. This deposit will be held against the non-payment of future invoices and will be used to clear any final invoice. Any credit will be refunded to the Customer by cheque on the termination of this Agreement.

3.3 In the event the Customer has not paid an invoice to the Company by the due date the Customer must pay:
(a) Interest on all sums outstanding from the due date until full payment is made on a daily basis (at a rate calculated by adding 5% per annum to the overdraft rate payable by the Company to its banker at the time of and during such default); and
(b) All costs incurred by the Company in recovering payment from the Customer including without limitation all debt collector’s fees or commissions, legal fees and disbursements and Company clerical costs.

3.4 If the Customer does not pay an invoice then the Company may disconnect supply.

4. DELIVERY

4.1 The Company has contracted with the Network Provider to provide Network Services for the delivery of Gas to the Customer.

4.2 The connection of the Customer to the Network and supply of Gas to the Customer from the Installation to the Site is provided in accordance with the Network Service Agreement and is the sole responsibility of the Network Provider. The Customer agrees that the Network Provider is entitled to disconnect supply if the Customer does not grant the rights specified in this Agreement or the Customer’s equipment does not meet the Network Provider’s requirements.

4.3 The supply of Gas is subject to interruptions (for maintenance, emergencies and other causes) by the Network Provider in accordance with the Network Services Agreement. Please contact us if you wish to see the full details of the Network Services Agreement.

5. METERING

5.1 The Company will provide or arrange for the provision of a Meter to measure Gas supplied. The Customer agrees Meters will be read based on cubic meters supplied and converted to kilograms using a conversion factor based on average ambient temperatures, which is subject to change by the Company if necessary. The Network Provider has agreed to provide connection services in respect of Customers and to install Meters. The Customer agrees to make payment of invoices for Connection Fees directly to the Network Provider.

5.2 The Customer agrees to allow the Network Provider to install an appropriate Meter on the Site and to provide a safe, secure and accessible location for the Meter. Meters will be read on a regular basis no less than every two months unless agreed otherwise.

5.3 If the Customer thinks a Meter is faulty the Customer must contact the Company as soon as possible. The Customer must not attempt or allow any person other than the Company or the Network Provider to work on, inspect or interfere with a Meter. The Customer must use all care of a cautious and prudent owner to prevent damage to the Meter and take such action as the Company may reasonably require to ensure that the safety and integrity of the Meter at the Site is not threatened. Where the Customer fails to do so, the Customer must reimburse the Company or the Owner of the Meter for any loss or damage that occurs to a Meter.

6. ACCESS TO YOUR SITE

6.1 The Company’s staff and contractors and those of the Network Provider are to have unobstructed access to the Site to read Meters from 7.30am until 7.00pm Monday to Saturday. The Company may charge the Customer for making a special Meter reading if the Customer does not provide access during the above hours.

6.2 Estimates of the amount of Gas supplied will be made and invoices will be based on these where the Meter cannot be read because access cannot be gained to the customer’s site.

6.3 The Customer must also give the Company and the Network Provider safe and unobstructed access to its Site to perform work, maintenance and inspections necessary to ensure the continuity and safety of the supply of Gas or to determine the amount of Gas supplied or for any other related purpose.

7. RISK

7.1 The risk of any loss, damage or deterioration of the Gas will pass from the Network Provider to the Customer when the Gas is made available to the Customer at the Delivery Point by the Network Provider, in accordance with the Network Services Agreement.

8. LIABILITY

8.1 The Company will not be liable to the Customer or any other person for indirect or consequential loss or damage of any kind arising out of, or attributable to any breach by the Company of its obligations under any contract (including this Agreement), negligence on the part of the Company, or any act or omission by the Company, and for the purposes of these terms and conditions consequential loss will include (without limitation) loss of use of goods or services, loss of income or profits and loss or damage to persons or property.

8.2 Regardless of the legal basis of any claim made by a Customer against the Company (including for breach of contract or negligence) the Company’s liability under any such claim will be limited to the total of the previous 3 months invoices for Gas supplied under the Gas Supply Contract.

8.3 The Customer will indemnify the Company from any claim made by any third party in respect of any damage or loss to any third party arising from any misuse or unauthorised use of Gas, Meter or associated equipment while in the possession of the Customer. The Customer must not remove any Meter or associated equipment from the Site without the consent in writing of the Company.
8.4 The Company will not be liable to the Customer where the loss or damage suffered arises from an event or cause beyond the Company’s control. An event or cause beyond the company’s control includes, but is not limited to, acts of God, war, earthquake, lightning, storm or other similar event, faults in the Network and acts or omissions by the Network Company.

9. GAS SUPPLIED

9.1 The Customer and the Company will comply with their respective obligations under the Gas Act 1992, the Gas (Safety & Measurement) Regulations 2010 (except as described in clause 5.1) and any gas codes of practice issued under the Gas Act 1992.

9.2 Gas purchased must not be resold by the Customer and any unintended escape of Gas must be reported by the Customer to the Company immediately.

10. TERM AND TERMINATION

10.1 The Agreement may be terminated by either party by giving 2 weeks notice to the other or if any of the following occurs:
(a) Either party is in default under this Agreement and (if the breach is capable of remedy) has failed on receipt of seven days notice in writing from the non-defaulting party to remedy the default;
(b) The Customer has failed to pay an invoice for Gas supply.

10.2 If the Customer does not give 2 weeks’ notice to terminate the Agreement but vacates the Site, the Company will be entitled to retain any deposit it has received from the Customer.

10.3 Upon termination the Customer must allow the Company or the Network Provider to enter the Site to reclaim the Meter and any associated equipment.

10.4 If the Customer leaves the site without notice to OnGas, all Gas used will continue to be the responsibility of the Customer and will continue to be charged to the Customer.

11. PRIVACY ACT

11.1 The Customer agrees to provide all the information we reasonably require and grants us permission to use this information for the purposes of managing their account and for general marketing purposes. The Customer agrees that we may obtain any such information from relevant third parties. The Customer agrees to tell us immediately when any details change.

11.2 The Customer agrees that we may make enquiries to credit reporting services about the Customer and that the Company may provide information to credit reporting services for their purposes, including listing on their systems, use in their credit reporting services, and supply to their customers. The Customer authorises credit reporting services to provide the Company with such information as the Company may require.

11.3 The Company may disclose the Customer’s personal information to carry out the Company’s responsibilities or enforce the Company’s rights under this Agreement including for the purposes of credit reference checking.

11.4 Other than as permitted by clauses 11.2 and 11.3, the Customer’s personal information will be kept secure and held by us in accordance with the Privacy Act 1993 at 101 Carlton Gore Road, Newmarket, Auckland, New Zealand. Under the Privacy Act 1993, the Customer has rights to access and correct personal information that we hold. The Customer is able to correct or change the information collected at any time and as often as they require by calling us on 0800 84 12 12.

12. EVENTS BEYOND THE COMPANY’S CONTROL

12.1 The Company is not required to supply Gas to the Customer or to carry out any other obligations under this Agreement where it is not reasonably practical to do so because a circumstance or event has occurred which is beyond the Company’s reasonable control and which prevents the Company from carrying out such responsibilities.

13. GENERAL

13.1 All rights of the Company shall remain in force not withstanding any delay or forbearance of enforcement and no waiver of any of these terms and conditions will apply unless such waiver has been expressly agreed to in writing by the Company.

13.2 This Agreement constitutes the entire agreement between the Company and the Customer in respect of its subject matter and supersedes all prior negotiations, representations and agreements between the Customer and the Company.

13.3 From time to time the Company may vary the terms and conditions (including fees and charges) or the form of this Agreement on giving the Customer 2 weeks’ notice of the variation.

13.4 In the event the Consumer Guarantees Act 1993 applies to this Agreement then the Act expressly overrides any of these terms and conditions that are inconsistent with it.

13.5 This Agreement is not assignable by the Customer to any third party.

13.6 This Agreement is intended to be for the benefit of and shall be enforceable by the Network Provider for the purposes of the Contracts (Privity) Act 1982.

14. NOTICES

14.1 Invoices and notices will be delivered to the Site or mailed or sent to the last known physical or postal address or facsimile number.

15. DEFINITIONS

“Agreement” means this agreement (including these terms and conditions) as amended from time to time. “Company” refers to OnGas Limited.
“Connection Fee” means the fee charged by the Network Provider or its agent, covering its performance of connection and installation services.
“Customer” means the residential Customer identified in the Gas Supply Contract.
“Delivery Point” means the Customer’s point of supply for Gas, being the point at which the network connects to a customer’s equipment, which shall be at or near the Meter.
“GST” means Goods and Services Tax payable pursuant to the Goods and Services Act 1985.
“Installation” means the storage tank and ancillary equipment owned by the Company or Network provider and used for the storage of Gas.
“Gas” means liquefied petroleum gas which complies with NZ Standard 5435 (or as subsequently modified).
“Meter” means a gas meter (including all protective covers valves and associated equipment), which is used to measure the supply of gas to the Customer.
“Network” means the gas distribution system comprising pipes, valves, fittings, meters and plant used for the delivery of gas from the installation to the customer’s site.
“Network Provider” means the company or organisation that owns the Network, and its agents.
“Network Services” means the services to be provided under the Network Services Agreement between the Network Provider and the Company in respect of the receipt and storage of Gas in the Installation, the installation and commissioning and maintenance of Meters for Customers and the connection of Customers to the Network and the distribution of gas from the Installation to Customers by means of the Network.
“Network Services Agreement” means the master and operating license agreements between the Network Provider and the Company for the provision of Network Services.
“Site” means the site address referred to in this Agreement, being the address of the Customer and location of the Delivery Point.