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LPG Piped Gas (Residential) Terms and Conditions - Agreement for Supply

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 Regulations 1993 (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 4 OnGas (0800 46 64 27).

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 notwithstanding 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.