10 MARCH NEW ZEALAND GAZETTE

Reconciliation Information Agreement between, amongst others, ECNZ and National Grid Manager which, amongst other things, provides for the appointment of an independent third party (which may include the National Grid Manager) to undertake the task of providing an accurate assessment of the quantity of Electricity bought and sold by all parties buying and selling Electricity supplied through the National Grid including, where appropriate, allowances for losses incurred in transmission of the Electricity;

“Year” means a period of 365 days or, in the case of a leap year, a period of 366 days;

1.2 Headings:

Clause and other headings are for ease of reference only and shall not be deemed to form any part of the context or to affect the interpretation of these Conditions;

1.3 Clauses etc:

References to clauses and the schedule are references to clauses and to the schedule to these Conditions and a reference in the Schedule to a paragraph shall be a reference to a paragraph of that Schedule;

1.4 Plural and Singular:

Words importing the singular number shall include the plural and vice versa;

1.5 Negative Obligations:

Any obligation not to do something shall be deemed to include an obligation not to suffer, permit or cause that thing to be done;

1.6 Statutes and Regulations:

References to a statute include references to regulations, orders or notices made under or pursuant to such statute or regulations made under the statute and references to a statute or regulation include references to all amendments to that statute or regulation whether by subsequent statute or otherwise and a statute or regulation passed in substitution for the statute or regulation referred to;

1.7 Time:

Any reference to time is expressed on a 24 hour clock basis in New Zealand standard time or New Zealand daylight time, whichever is in force, as defined in the Time Act 1974;

1.8 Currency:

All amounts referred to in these Conditions are denominated in New Zealand currency;

1.9 Liability:

Where there is more than one Purchaser reference to a Purchaser shall be deemed to include all of the Purchasers jointly and severally.

2. SUPPLY OF ELECTRICITY

2.1 Deemed Purchase:

If the Purchaser takes a supply of Electricity (which is generated or made available by ECNZ) from the National Grid other than in accordance with a formal supply contract with ECNZ or an Alternative Supplier the Purchaser shall thereby be deemed to have accepted that such supply is on the terms set out in these Conditions.

2.2 No Liability:

Notwithstanding ECNZ permitting the Purchaser to continue to take a supply of Electricity without a formal agreement between ECNZ and such Purchaser, such continued supply shall not be construed as implying that ECNZ accepts any responsibility for:

(a) the quality of Electricity taken by the Purchaser; or

(b) any interruptions to supply to the Purchaser or lack of a continuous supply;

and further ECNZ shall have no liability to the Purchaser arising from any non-supply of Electricity, interruption to the supply of Electricity or any loss or damage incurred by the Purchaser as a result of the Purchaser taking a supply of Electricity in accordance with these Conditions howsoever that loss or damage arises.

3. PRICING AND PAYMENT

3.1 Pricing:

Subject to the provisions hereof, the price payable by the Purchaser for the supply of Electricity to the Purchaser pursuant to these Conditions including losses incurred in the transmission of such Electricity shall be as set out in the Schedule to these Conditions.

3.2 G.S.T.:

All charges and prices referred to in these Conditions (including those specified in the Schedule) and payable by the Purchaser are stated exclusive of G.S.T. or, any other taxes or levies (if any). The Purchaser shall pay to ECNZ at the time of payment for the supply an amount equal to all G.S.T. on supplies made under these Conditions and in addition shall be liable to pay to ECNZ on demand amounts equal to all other taxes, duties, levies or other charges (other than taxes on income) which are, after the date of these Conditions, imposed from time to time on the supply by ECNZ of Electricity or incurred by ECNZ in respect of the operation of the ECNZ’s System.

3.3 Payment:

All charges payable by the Purchaser for Electricity supplied shall be paid by 2.00 pm on the 20th day of the Month following supply or 5 Business Days after receipt of an invoice from ECNZ (whichever is the earlier). Where the date is other than a Business Day, then the account shall be due and payable by 2 pm on the first Business Day following.

3.4 Default Interest:

Subject to clause 3.5, any amounts due for Electricity supplied and other services associated with the supply of Electricity which remain unpaid after the due date as set out in clause 3.3, shall attract interest calculated daily at the Default Rate until the date payment is received, which interest shall be capitalised daily and shall accrue after as well as before judgment. All legal costs and expenses reasonably incurred by ECNZ in collecting or attempting to collect any overdue amount shall be payable by the Purchaser.

3.5 Disputes as to Accuracy of Accounts:

If the Purchaser disputes the accuracy of any account for Electricity:

3.5.1 Payment of Undisputed Amount:

The Purchaser shall notify ECNZ accordingly within 5 Business Days of receipt of such account. The Purchaser shall pay the undisputed amount owing in accordance with the provisions of clause 3.3. ECNZ and the Purchaser shall take all steps necessary to resolve the dispute as soon as possible and neither party shall unreasonably impede settlement;

3.5.2 Payment of Balance:

On settlement, the Purchaser shall pay to ECNZ any outstanding balance of the account together with interest at the Bank Bill Bid Rate plus 3 per cent per annum but otherwise calculated in accordance with clause 3.4.

3.6 Payment Without Prejudice:

If the Purchaser disputes the accuracy of any account for Electricity the Purchaser, after notifying ECNZ of the dispute, may nevertheless forward payment for the entire account rendered. Should it be later agreed that, as a result of an incorrect account, the Purchaser has paid a higher sum than that actually owed, the overpayment shall be refunded together with interest from the due date until the date payment is made at the Bank Bill Bid Rate but otherwise calculated in accordance with clause 3.4.

3.7 Continuing Liability:

Notwithstanding the cessation of supply, the Purchaser shall remain liable for any accrued charges and amounts payable under these Conditions.

4. DETERMINATION OF QUANTITY