11 MAY NEW ZEALAND GAZETTE 1151

Conditions including, without limitation, any failure to make any due payment under these Conditions.

7. WITHDRAWAL OF CONDITIONS

7.1 Withdrawal: ECNZ reserves the right at any time and from time to time to withdraw or amend these Conditions by notice in the New Zealand Gazette. ECNZ shall also endeavour to advertise the notice in newspapers circulating in the area, but any failure to so advertise shall not affect the validity of the notice. With effect from the date specified in such notice any supply of Electricity taken by the Purchaser shall be deemed to be taken on the revised Conditions then applying.

7.2 Obligations to Survive Withdrawal: Withdrawal of these Conditions by the Purchaser ceasing to take a supply pursuant to these Conditions shall not affect clauses 3, 4 and 5 and shall be without prejudice to any claim, right or remedy to which ECNZ may be entitled in the event of any breach of these Conditions arising prior to withdrawal of the Conditions or the Purchaser ceasing to take supply of Electricity in accordance with these Conditions.

8. NOTICES

8.1 Address for Purchaser: For the purposes of sending any notice or other communication to the Purchaser, ECNZ shall be entitled to send such notice or other communication to the address at the Point of Output Connection or (in the discretion of ECNZ) the last business address known to ECNZ or other address notified by the Purchaser to ECNZ, being an address within New Zealand. Any notice or other communication sent to such address shall be deemed to be validly given and received for the purposes of the Conditions.

8.2 Giving of Notices: All notices and other communications (including accounts) required or permitted under these Conditions shall be in writing and shall be delivered personally, sent through the post (postage prepaid) or sent by facsimile transmission. Notices to the Purchaser shall be sent in accordance with clause 8.1 and notices to ECNZ shall be sent to the address of ECNZ set out at clause 8.3. Proof of posting or dispatch of any notice or communication shall be deemed to be proof of receipt:

(a) Facsimile Transmission: In the case of facsimile transmission, on the day of receipt (as to which confirmation of transmission in its entirety by the facsimile machine transmitting the notice or communication shall be deemed adequate proof) unless sent after the end of business hours or on a day that is not a Business Day in which event notice shall be deemed to have been given at the commencement of the following Business Day; and

(b) Letters: In the case of letters, on the second Business Day after being put in the post, addressed to the intended recipient.

8.3 Address for ECNZ: The address of ECNZ (unless ECNZ notifies otherwise in accordance with clause 8.2) shall be as follows:

Electricity Corporation of New Zealand Limited
P O Box 930
WELLINGTON
Facsimile Number: (04) 499-1363
Attention: General Manager - Marketing

[Date]

PRICING SCHEDULE

1. INTERPRETATION

In this Schedule, unless the context otherwise requires:

“AC Factor” means the appropriate AC location factor for the busbar at which the relevant Point of Output Connection is situated as specified in Appendix B. In the event of disagreement as to the busbar at which the Point of Output Connection is situated, the decision of ECNZ shall be final;

“Billing Period” means a Month unless:

(a) supply under these Conditions commences part way through a normal billing period in which event the first billing period shall be the broken period from the date such supply commences until midnight on the last day of the first Month, or other billing period, of the period of supply; or

(b) supply under these Conditions terminates part way through a normal billing period in which event the last billing period shall be the broken period commencing at the end of the previous billing period and terminating on termination of supply;

“Security Charge” means the relevant Security Charge calculated in accordance with paragraph 4;

“Standard Price” means the price calculated in accordance with paragraph 3;

“Transmission Related Charge” means the relevant Transmission Related Charge calculated in accordance with paragraph 4;

“Weekly Notified Charge” means the relevant energy charge at the Haywards or Benmore reference points, as the case requires, for each Half Hour in the week as published in advance for that week by or on behalf of ECNZ;

“Year Ahead Price” means the relevant charge for each Half Hour calculated in accordance with the Table in Appendix A.

2. PRICING

The amount payable by the Purchaser to ECNZ for the supply of Electricity during any Billing Period shall be the sum of:

(a) the quantities deemed to be taken by the Purchaser at each Point of Output Connection during each Half Hour of the Billing Period multiplied by the relevant Standard Price for that Half Hour at that Point of Output Connection; plus

(b) the quantities deemed to be taken by the Purchaser at each Point of Output Connection during each Half Hour of the Billing Period multiplied by the relevant Security Charge for that Half Hour.

(c) the quantities deemed to be taken by the Purchaser at each Point of Output Connection during each Half Hour of the Billing Period multiplied by the relevant Transmission Related Charge for that Half Hour.

3. STANDARD PRICE

For the purposes of paragraph 2, the Standard Price for a Point of Output Connection in the North Island for each Half Hour during each Billing Period shall be calculated as follows:

SP_h = P_h × AC

Where:

SP_h = Standard Price for that Half Hour at Haywards in the case of a Point of Output Connection in the North Island

P_h = the greater of:

(a) EP_h; and

(b) EW_wh

EP_yh = Year Ahead Price for that Half Hour at Haywards

EW_wh = Weekly Notified Charge for that Half Hour at Haywards