1.1 These are the terms and conditions on which we agree to supply Gas and Equipment to you. By setting up an account for Gas supply with us, you agree to the supply of Gas on these terms and conditions. Capitalised terms used in this Agreement are defined in clause 11.
1.2 The effective date of this Agreement is the earlier of the delivery date of your first gas cylinder and the date that you set up an account with us.
1.3 We may make changes to this Agreement (including the Pricing Plan) from time to time. We will notify you of any changes by giving you notice in writing at least two weeks before the changes come into effect. Such written notice may be included in an invoice sent to you under clause 5.2 of this Agreement.
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 you will not purport to sell, rent, encumber, part with possession or control of, or otherwise do anything prejudicial to our title in the Equipment without our prior written consent. You will only use the Equipment to store and dispense Gas supplied by us.
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. 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 you reasonable notice. You agree that we may take photos of the Equipment and the gas installation where we consider it reasonably necessary in connection with this Agreement. We will normally only access the Property during business hours. However, in an emergency you must give us access immediately at any time if required.
3. DELIVERY, RISK AND TITLE
3.1 We will use our reasonable endeavours to deliver the Gas 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 urgent deliveries or deliveries outside our usual business hours.
3.3 You must provide us with safe and unobstructed 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 Equipment containing Gas is unloaded at the 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.
3.6 Risk in the Equipment (including any Gas contained in such Equipment) will pass back to us when we collect the Equipment.
3.7 You must not resell any Gas that you purchase from us.
4.1 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.
4.2 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.
4.3 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.
5. PRICES AND PAYMENT
5.1 You will be charged for the Gas supplied by us in accordance with the Pricing Plan. Fees and charges are inclusive of GST and any ETS Liability.
5.2 Each month you will receive an invoice for our charges for the Gas supplied to you 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. Our invoices may also include the Rental, where that amount is due in accordance with clause 2.1.
5.3 You must pay the total amount contained in any invoice sent to you without deduction or set off of any kind on, or before, the 20th of the month following the date on which we issued that invoice. We may at any time require immediate payment from you (without formal demand) if we in our discretion consider you to be a credit risk.
5.4 In some circumstances, we may require you to pay a deposit before we supply you with 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 you by cheque on the termination of this Agreement.
5.5 Without prejudice to our other rights and remedies (including the right to terminate this Agreement), we may charge you for:
a) Interest on all sums outstanding from the due date until full payment is received on a daily basis at a rate of 2.5% per annum above our banker’s current commercial lending interest rate;
b) All costs incurred by us in recovering payment from you, including (without limitation) all debt collectors’ fees or commissions, legal fees and disbursements and our clerical costs.
5.6 If you do not pay an invoice by its due date, then (without prejudice to our other rights and remedies) we may stop supplying Gas to you.
6. TERM AND TERMINATION
6.1 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.
6.2 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 other terms of this Agreement.
6.3 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; and
b) Allow us to immediately enter the Property and collect the Equipment.
6.4 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 this Agreement is terminated.
6.5 If the new occupier of the Property does not immediately enter into an agreement with us, or if the Agreement has been terminated but you remain the occupier of the Property, 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.
7.1 Except to the extent provided in the Consumer Guarantees Act 1993, we will 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.
7.2 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 caused by you or the Gas and/or Equipment while they are in your possession, or any negligent acts or omissions by you.
7.3 We will not be liable to you for any loss or damage arising from an event beyond our control and which prevents us from carrying out our responsibilities under this Agreement. An event or cause beyond our control includes, but is not limited to, acts of God, war, earthquake, lightning, storm or other similar event.
8. PRIVACY ACT
Invoices and notices will be delivered to your Property or mailed or sent to your last known physical or postal address or facsimile number.
10.1 Where you comprise more than one person, each person is jointly and severally responsible for complying with this Agreement.
10.2 No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
10.3 This Agreement constitutes the entire agreement between you and us in respect of its subject matter and supersedes all prior negotiations, representations and agreements between you and us.
10.4 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.
“Agreement” means your agreement with us for the supply of Gas to your Property on these terms and conditions as amended from time to time.
“CCRA” means the Climate Change Response Act 2002.
“Equipment” means the gas cylinder(s) and any other gas supply equipment supplied to you by us.
“ETS Liability” means the cost to us attributable to a participant’s liability to surrender units under the CCRA, whether incurred directly from the participant or indirectly via our other suppliers, in respect of the Gas supplied under this Agreement.
“Gas” means liquefied petroleum gas which complies with NZ Standard 5435 (as subsequently modified).
“GST” means Goods and Services Tax payable pursuant to the Goods and Services Tax Act 1985.
“Pricing Plan” means the pricing plan set out in the Welcome Pack, as amended from time to time.
“Property” means the property to which we will deliver Gas under this Agreement as provided by you when you set up an account and confirmed by us in the Welcome Pack.
“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 who has set up an account with us for the supply of Gas to the Property.
“we”, “us” and “our” means On Gas Limited, including our agents and contractors.
“Welcome Pack” Welcome Pack” means the “Welcome to OnGas – Residential LPG Supply Terms and Conditions” brochure, which you hereby acknowledge receipt of, or any brochure or other document in substitution for that brochure, and any accompanying material that you receive from us.