LPG Residential Terms and Conditions - Agreement for Supply

Agreement for SUPPLY

1. INTRODUCTION
1.1 These are the terms and conditions for your gas supply and
all Equipment provided by On Gas Limited.
1.2 The effective date of this Agreement is the delivery date of
your first gas cylinder.
1.3 Definitions used:
“Agreement” means these On Gas Terms and Conditions and
the pricing schedule.
“Equipment” means the gas cylinders and any other gas supply
equipment supplied by On Gas Limited.
“Gas” means Liquefied Petroleum Gas, which complies with
NZS 5435.
“OGL”, “we”, “us” or “our” has been used for On Gas Limited.
“You” and “your” has been used for the customer or persons
party to this Agreement.
1.4 We may make changes to this Agreement (including prices
and charges). We will notify you of any changes by writing to
you or by placing a notice in your local newspaper at least two
weeks before the changes come into effect.

2. RENTAL OF EQUIPMENT
2.1 OGL will rent to you the gas cylinders for the supply of Gas
to your property. OGL may also rent to you certain gas supply
equipment. This Equipment will remain our property at all times
and may not be sold, rented, charged or otherwise transferred
without our prior written consent.
2.2 You will keep the Equipment in your possession at the
property during the term of this Agreement and will be responsible
for its security, condition and insurance. You will notify us of any
damage to the Equipment and will not undertake any work on
the Equipment except where authorised by us. Any Equipment
lost or damaged by you will be invoiced at replacement value.
2.3 If you are moving house or leaving the property permanently,
you are required to give us at least two weeks notice prior to
vacating the property. This time allows us to either transfer the
Equipment to the new occupier or to terminate the Agreement
for your property. Failure to give us this notice may result in you
being liable to pay for Gas that you do not use (see clause 4.4).
2.4 We may come onto the property to inspect the Equipment
at any time, providing 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.
2.5 The Equipment rental is payable in advance for a period of
12 months. No refunds of the rental will be made for Equipment
returned during the 12 month period.
2.6 If you have regulators at your property that have been
supplied by OGL and rented to you prior to 31 August 2006,
we may elect to pass possession of these to you by way of
written notification. This is at OGL’s discretion.

3. DELIVERY
3.1 We will use our reasonable endeavours to deliver the gas
cylinders to you within 5 days of receiving your instructions.
Deliveries will be made during normal business hours.
3.2 If urgent delivery is required within 24 hours, we will consider
all requests and if we are able to deliver, we will do so. Any
urgent deliveries or deliveries outside our usual business hours
will incur a fee in accordance with our current delivery rates.
3.3 You must provide us with safe and easy access to your
property to enable delivery of the gas cylinders. You may be
charged an additional fee if your property does not meet our
normal delivery conditions.

4. TERMINATION
4.1 You may terminate this Agreement at any time by providing
two weeks notice. If you are moving house or changing premises
you must also give us a forwarding address. This Agreement
will come to an end when we receive payment in full of all
outstanding fees and charges.
4.2 We may terminate this Agreement by giving you two weeks
notice or immediately if you fail to pay any outstanding money
by the due date or if you tamper or interfere with any of the
Equipment or breach any terms of this Agreement.
4.3 Upon termination of this Agreement you will allow us to
immediately enter the property and collect Equipment.
4.4 If you move house or change premises and do not either
provide us with the two weeks notice required by clause 2.3
above or terminate this Agreement, you will be liable to pay for
Gas used at the property where the Equipment is located until
such time as this Agreement is terminated or OGL transfers the
Equipment to your new address.
4.5 If the new occupier does not take over the supply from On Gas, there will be a fee to collect the equipment, payable by
you. We will make all reasonable endeavours to collect the
equipment as soon as practicable, but this may be in line with the distribution cycle for your region, and the passing of title and
risk will occur when we have collected the equipment.

5. SAFETY
5.1 You will ensure that the property at which the Equipment is
to be used, shall at all times comply with any relevant laws and
regulations. We may suspend delivery at any time if the access
to the property is considered by us to be unsafe or if the delivery
conditions are considered by us to 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. If you store more than 100 kgs 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 All Gas and Equipment must be used in a safe and prudent
manner. Do not tamper or interfere with any equipment.
5.4 Please report any unintended escape of Gas from the
Equipment to us immediately.
5.5 The risk of any loss, damage or deterioration of the Gas
shall pass to you upon delivery.

6. PRICES/FEES
6.1 Unless we have agreed otherwise, you will be charged the
standard published On Gas fees. All prices include GST. We
may make changes to these fees by notifying you in writing or
by placing a notice in your local newspaper at least two weeks
before the changes come into effect.
6.2 All money owing must be paid by the due date on your
invoice.
6.3 OGL may charge interest on overdue accounts at the rate
of 2.5% per month.
6.4 In the event that payment is not made by the due date, we
have the right to enter your property and take possession of the
Equipment.
6.5 Any costs incurred by OGL in recovering or attempting to
recover any outstanding money, including debt collection fees
and solicitors’ costs will be your responsibility.

7. PRIVACY ACT
7.1 You agree to provide all the information we reasonably require for our records and agree that we may obtain any such information from relevant third parties. You agree to tell us immediately when any details change.
7.2 You agree that we may make enquiries to credit reporting
services about you and that we 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. You authorise credit reporting services to
provide us with such information as we may require.
7.3 We may disclose your personal information to carry out our
responsibilities or enforce our rights under this Agreement
including for the purposes of credit reference checking.
7.4 Other than as permitted by clauses 7.2 and 7.3, your personal
information will be kept secure and held by us in accordance
with the Privacy Act 1993.

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 property. Regardless of the legal basis of any claim made
against us, in no case shall the extent of our liability under that
claim exceed the original contract price of the Gas or Equipment
supplied by us. We are not liable in any circumstances for
consequential losses, indirect losses, loss of profits or similar
claims.
8.3 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 will indemnify us from any claim made by any third party
in respect of any damage or loss to any third party from the
Gas, gas cylinders, or other Equipment while they are in your
possession.
8.5 You may not transfer or assign any of your rights or
responsibilities under this 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 notice
in a public newspaper.
8.6 The benefits of this clause 8 extend to our employees and
agents for the purposes of the Contracts (Privity) Act 1982.