1150 NEW ZEALAND GAZETTE No. 45

3.4.4 Pending such payment or credit being given pursuant to clause 3.4.3:

(i) the amount due from the Purchaser pursuant to subclause 3.4.3(i) (if any) shall be deducted from; or

(ii) the amount due from ECNZ pursuant to subclause 3.4.3(ii) (if any) shall be added to,

the balance on which interest is to be calculated under 3.4.2.

3.5 Default Interest: Subject to clause 3.6, 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 clauses 3.3 or 3.4, 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.

3.6 Disputes as to Accuracy of Accounts: If the Purchaser disputes the accuracy of any account for Electricity:

3.6.1 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 clauses 3.3 or 3.4. ECNZ and the Purchaser shall take all steps necessary to resolve the dispute as soon as possible and neither party shall unreasonably impede settlement;

3.6.2 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 3.5.

3.7 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 amount 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 3.5.

3.8 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

4.1 Quantity Taken: Until clause 4.3 applies but subject to clause 4.2 the Purchaser shall be deemed to have purchased from ECNZ all Electricity drawn off from the National Grid at each Point of Outlet Connection, unless any other person also draws Electricity off from the National Grid at that Point of Output Connection which draw off is exclusively measured by separate Metering Equipment at the Point of Outlet Connection. In that event the Purchaser shall not be deemed to have purchased such separately measured Electricity.

4.2 Local Customers: If:

(a) ECNZ is supplying Electricity to a person (“Local Customer”) other than the Purchaser from the same Point of Outlet Connection as that from which the Purchaser is drawing its supply of Electricity from the National Grid; and

(b) the Electricity being supplied to that Local Customer is measured with the Electricity being supplied to the Purchaser,

then the quantity of Electricity deemed to be taken by the Purchaser pursuant to clause 4.1 shall be reduced by the amount of Electricity supplied to such Local Customer over the same period together, if applicable, with an appropriate allowance for line losses that might be suffered in transmitting the Electricity from the Point of Outlet Connection to the electricity where Metering Equipment used for measuring the quantity of Electricity sold to the Local Customer is situated.

4.3 Reconciliation Agreement: If there is a Reconciliation Agreement applicable to the supply of Electricity under these Conditions the quantities of Electricity which the Purchaser shall be deemed to have purchased from ECNZ shall be determined in accordance with the Reconciliation Agreement and the provisions of that Reconciliation Agreement shall apply in lieu of clauses 4.1 and 4.2.

4.4 Basis of Measurement: Measurement of Electricity supplied shall be carried out in a prudent and responsible manner using the most appropriate Metering Equipment available at the point of supply to measure the relevant supply. The Purchaser shall not do any act or thing whereby it shall cause the quantity of Electricity measured in each Half Hour to be less than the amount for which it would be liable to ECNZ if measured in the usual and proper manner and shall not in any way interfere with or allow to be tampered with the Metering Equipment on which ECNZ is or may be relying.

5. RIGHTS OF ACCESS

5.1 Authorised Representatives of Seller and Purchaser: For the purposes of this clause 5, the term “ECNZ” shall be deemed to include the employees and authorised agents and contractors of ECNZ.

5.2 Metering Equipment on Purchaser’s Property: Where the Metering Equipment at any Point of Outlet Connection is located on any property (including buildings and other structures) owned or occupied by the Purchaser or otherwise reasonably under its control the Purchaser shall grant or procure the grant to ECNZ of authority to install, test, maintain, read, inspect, replace, repair or operate the Metering Equipment together with reasonable rights of access to such property in accordance with clause 5.3 and such access is deemed to be granted by the Purchaser to ECNZ as a result of the Purchaser taking Electricity in accordance with these Conditions. Such rights of access shall extend to removal by ECNZ of the Metering Equipment owned or provided by it at any time following the cessation of supply of Electricity.

5.3 Right of Access to Purchaser’s Property: The following provisions shall apply to the rights of access conferred by clause 5.2:

5.3.1 Notice: Where practicable, ECNZ shall give to the Purchaser reasonable notice of the work ECNZ proposes to undertake;

5.3.2 Minimise Inconvenience: In carrying out any such work, ECNZ shall cause as little inconvenience to the Purchaser as practicable and shall observe recognised safe working practices at all times; and

5.3.3 Ownership of Equipment: Ownership of all Metering Equipment installed or previously installed by ECNZ or on ECNZ’s behalf on the Purchaser’s property shall remain the property of ECNZ or of its agent or assignee (as the case may be).

5.4 Right of Access to National Grid Manager: The Purchaser shall allow the National Grid Manager the right to read (electronically or otherwise) any Metering Equipment on the Purchaser’s property for monitoring use of the National Grid.

6. CESSATION OF SUPPLY

ECNZ reserves the right to request the National Grid Manager to De-energise the Purchaser, or to take steps to disconnect the Purchaser if there is any breach of these Conditions.