power supply and sale agreement€¦ · be between you and microgrid power pty ltd. your acceptance...

POWER SUPPLY AND SALE AGREEMENT

Terms and Conditions for Market Retail Contracts

Microgrid Power Pty Ltd.

Contents

PREAMBLE ..................................................................................................................................................... 2

THE PARTIES .................................................................................................................................................. 2

EXPLICIT INFORMED CONSENT ..................................................................................................................... 3

DEFINITIONS AND INTERPRETATION ............................................................................................................ 3

DO THESE TERMS AND CONDITIONS APPLY TO YOU? .................................................................................. 3

These are our Terms and Conditions. ....................................................................................................... 3

WHAT IS THE TERM OF THIS CONTRACT? ................................................................................................. 3

Credit Checks ............................................................................................................................................ 4

Acceptance ................................................................................................................................................ 4

Cooling Off Period ..................................................................................................................................... 5

Start of Electricity Supply .......................................................................................................................... 5

SCOPE OF THIS CONTRACT ............................................................................................................................ 6

What is covered by this contract? ............................................................................................................ 6

Connection and supply of energy ............................................................................................................. 6

YOUR GENERAL OBLIGATIONS ...................................................................................................................... 7

Life support equipment ................................................................................................................................ 7

OUR LIABILITY ............................................................................................................................................... 8

PRICE FOR ELECTRICITY AND OTHER SERVICES ............................................................................................. 8

BILLING ........................................................................................................................................................ 10

Estimating the energy usage ....................................................................................................................... 11

PAYING YOUR BILL ...................................................................................................................................... 12

Payment Difficulties .................................................................................................................................... 13

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METERS ....................................................................................................................................................... 13

UNDERCHARGING AND OVERCHARGING ................................................................................................... 14

SECURITY DEPOSITS .................................................................................................................................... 15

DISCONNECTION OF SUPPLY ....................................................................................................................... 16

Notice and warning of disconnection ......................................................................................................... 16

RECONNECTION AFTER DISCONNECTION ................................................................................................... 17

INTERRUPTION OF SUPPLY ......................................................................................................................... 17

WRONGFUL AND ILLEGAL USE OF ELECTRICITY .......................................................................................... 18

NOTICES AND BILLS ..................................................................................................................................... 18

PRIVACY ACT NOTICE .................................................................................................................................. 19

COMPLAINTS AND DISPUTE RESOLUTION .................................................................................................. 19

SOLAR FEED-IN-TARIFF ................................................................................................................................ 20

FORCE MAJEURE ......................................................................................................................................... 20

APPLICABLE LAW ......................................................................................................................................... 21

RETAILER OF LAST RESORT EVENT .............................................................................................................. 21

GENERAL ..................................................................................................................................................... 21

Annexure 1 - BEST RATE GUARANTEE......................................................................................................... 24

PREAMBLE This contract, together with the associated plan information document, forms the agreement for the

supply and sale of electricity to you as a small customer at the premises within the embedded network.

It is a market retail contract between us as the exempt retailer and you, the small customer. For small

business customers, if you are a sole trader or acting on behalf of a trust as a trustee, the contract will

be between you and Microgrid Power Pty Ltd.

Your acceptance of this contract is deemed to represent acceptance of all terms. In addition to this

contract, energy laws and other consumer laws also contain rules about the sale of electricity and we

will comply with these rules in our dealings with you.

More information about this contract and other matters is located on our website which is

www.greenpowerfund.com.au/en.

THE PARTIES This contract is between Microgrid Power Pty Ltd ABN 34 636 000 691 (‘Microgrid Power) who sells

electricity to you at the premises and you.

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In this contract, Microgrid Power is referred to as “we”, “our” or “us”; and You, the customer to whom

this contract applies is referred to as “you” or “your”.

EXPLICIT INFORMED CONSENT You acknowledge that:

1. you are giving explicit informed consent for your electricity supply to be transferred to Microgrid

Power;

2. you are giving explicit informed consent to receive all notices and documents from us

electronically;

3. you are giving explicit informed consent to debit your account in accordance with the direct

debit form on our website; and

4. you are giving explicit informed consent that we may vary the tariffs and charges that apply

under this contract, together with the associated plan information document, at any time.

5. By acknowledging the matters set out in paragraph 1,2,3,and 4, you accept that Microgrid

Power will become your electricity retail supplier and will supply electricity under the terms set out in

this contract.

DEFINITIONS AND INTERPRETATION Terms used in this contract have the same meanings as they have in the energy laws. However, for ease

of reference, a simplified explanation of some terms (in italics) is given at the end of this contract.

Where the simplified explanations given at the end of this contract differ from the definitions in the

energy laws, the definitions in the energy laws prevail.

DO THESE TERMS AND CONDITIONS APPLY TO YOU?

These are our Terms and Conditions. The terms and conditions of this contract are as agreed between us (exempt retailer) and you (small

customer), except as provided by the energy laws.

Application of these terms and conditions.

These terms and conditions apply to you if you have accepted one of our market offers to supply

electricity to you and if you are a small customer.

Electricity only

This contract only applies to electricity.

WHAT IS THE TERM OF THIS CONTRACT? When does this contract start?

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This contract starts when you complete our online sign up form or on a later date, if one is specified on

our online sign up form.

Credit Checks This contract is conditional on you passing a credit check to our satisfaction unless we waive this

requirement. You agree that we may disclose your personal information to a credit reporting entity for

the purposes of conducting a credit check and for the purposes of updating your credit file. If the results

of your credit check are unsatisfactory, we will notify you by email and we will not proceed with this

contract.

In order to carry out the credit check we may disclose your personal information to a credit reporting

entity. In accordance with the Privacy Act 1988 by entering into this contract you agree that we may

exchange information about you with other credit providers, including exchanging creditworthiness

information.

At the date of this contract, the credit reporting entity we use to collect and assess consumer

creditworthiness is Equifax Pty Ltd (www.equifax.com.au). Full contact details are listed in our Privacy

Policy.

If you are a business customer, you consent to a credit check being undertaken on the registered

business entity and on the company officers.

Acceptance You can accept this contract electronically via completion of the sign-up process on our website at

www.greenpowerfund.com.au/en or by signing the acceptance form and posting or emailing the signed

acceptance form to us.

We will confirm receipt of your acceptance by email and accompanied by your Microgrid Power

welcome pack.

Our welcome pack will include these terms and conditions, your plan information document, our

customer charter and disclosure statement, and our privacy policy.

Our email will clearly state the contract start date and the date that the cooling off period expires.

Under this contract, you must give us any information we may reasonably require. The information you

provide must be correct, and you must not mislead or deceive us in relation to the information you

provide. You will be required to enter your details via the contract signup window on the website. We

will need the following information:

your full contact details (full name, email address, mobile phone and address);

the intended premises for the electricity;

any need for life support equipment at your premises; and

acceptable identification.

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You must tell us promptly if information you have provided to us changes, including your contact email

address, billing address or if your use of electricity changes (for example if you start running a business

from the premises).

Cooling Off Period Despite signing or accepting this contract, you still have the right to withdraw with no charge within the

10-business day cooling off period. The cooling off period starts the business day after you receive your

electronic welcome pack from us.

You can cancel this contract at any time within the 10-business day cooling off period by contacting us

via the online chat on the website. You can also cancel this contract during the 10-business day cooling

off period verbally or in writing.

Upon cancellation in accordance with this clause 0 and at no cost to you, we will send an electronic reply

confirming receipt of your cancellation instructions.

Start of Electricity Supply If we are not currently supplying your premises with electricity, then we will start supplying your

premises with electricity after it is connected to the embedded network. We will not supply your

premises with electricity if you do not satisfy any pre-conditions set out in the energy laws, including

giving us acceptable identification, your contact details for billing purposes and if you do not pass our

credit checks.

You will be notified electronically when Microgrid Power starts supplying you with electricity.

Termination by you

You may terminate this contract:

during the 10-business day cooling off period you give us notice in accordance with clause 0 of this

contract;

by notifying us that you are vacating the premises, no sooner than 10 business days following the notice,

and the termination will be effective on the date of the final meter reading on the date that you vacate

the premises;

you have accepted a retail supply contract with another electricity supplier to supply the premises and

the termination will be effective on the date that supplier takes over responsibility for supply at your

premises

you are remaining at the premises, but wish to have supply disconnected and the termination will be

effective on the date of disconnection;

if a different customer starts to buy electricity for the premises and the termination will be effective on

the date that customer takes responsibility for the electricity supplied at the premises; or

we both agree on a date to end this contract and the termination will be effective on the date that is

agreed.

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On termination, you will need to pay us any outstanding account balances. All rights and obligations

accrued before the end of this contract continue despite the termination or expiry of the contract,

including obligations to pay amounts to us.

Despite termination of this contract for any reason, other than under clause 0 and clause 5.6 (a) (ii), you

will remain responsible for all tariffs and charges until a new exempt or authorised retailer is responsible

for the supply of electricity to the premises.

Despite termination of this contract for any reason, you will remain responsible to us and any other

embedded network operators for the payment of charges relating to the use of the embedded network.

SCOPE OF THIS CONTRACT

What is covered by this contract? Under this contract we agree to sell and supply you with electricity at the premises. We also agree to

meet other obligations set out in this contract and to comply with the energy laws.

In return, you agree:

to be responsible for charges for electricity supplied to the premises;

to be responsible to us and any other embedded network operators for the payment of charges relating

to the use of the embedded network;

to pay the amounts billed by us under this contract; and

to meet your obligations under this contract and the energy laws.

What is not covered by this contract?

This contract does not cover the physical connection of the embedded network to the distribution

system, including the maintenance of that connection and the supply of electricity to the embedded

network.

Connection and supply of energy If the premises is not connected at the commencement of this contract we will arrange for your

premises to be connected within the embedded network.

Responsibility of the distributor

You acknowledge that your premises are located within the embedded network. We are responsible for

the operation of the embedded network along with any other named embedded network operators.

Your distributor is responsible for the connection of the embedded network to the network, the

maintenance of that connection, the physical supply of energy to the embedded network and for the

reliability and quality of the electricity supplied to the embedded network.

The supply of electricity is subject to a range of matters including variations in voltage and frequency.

These things may cause damage to your equipment.

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Your energy distributor may disconnect, interrupt or reduce the supply of energy to the embedded

network.

We are unable to, and do not guarantee the quality and continuity of the supply of energy.

Where you are supplied electricity by a third-party, you will remain responsible to us and any other

embedded network operators for the payment of charges relating to the use of the embedded network.

YOUR GENERAL OBLIGATIONS Full information

You must give us any information we reasonably require for the purposes of this contract. The

information must be correct, and you must not mislead or deceive us in relation to any information

provided to us.

Updating information

You must tell us promptly if information you have provided us changes, for example if there is a change

to your billing and email address or if your use of electricity changes (for example, if you start running a

business at the premises).

You acknowledge that you have given your explicit informed consent for all communications between us

and you to be conducted via our website www.greenpowerfund.com.au/en; online live chat; email; SMS

Text or telephone call back.

Life support equipment If a person living or intending to live at the premises requires life support equipment, you must let us or

the distributor know and return the medical confirmation form we or your distributor sends you.

You must tell us if the life support equipment is no longer required at the premises.

If the premises are registered as having life support equipment, we must give you information in

accordance with energy laws including:

general advice relating to planned and unplanned interruption to the supply of electricity to the

premises;

at least 4 business days’ notice in writing of any planned interruption to the supply of electricity to the

premises; and

an emergency telephone contact number.

Obligations if you are not an owner

If you cannot meet an obligation relating to the premises under this contract because you are not the

owner you will not be in breach of the obligation if you take all reasonable steps to ensure that the

owner or other person responsible for the premises fulfils the obligation.

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OUR LIABILITY The quality and reliability of your electricity supply is subject to a variety of factors that are beyond our

control, including accidents, emergencies, weather conditions, vandalism, system demand, the technical

limitations of the distribution system and the acts of other persons (such as your distributor), including

at the direction of a relevant authority.

Nothing in this contract excludes, restricts or modifies any consumer guarantee, right, remedy,

condition or warranty conferred on you by the Australian Consumer Law (whether applied as a law of

the Commonwealth or any State or Territory), where to do so would contravene the Australian

Consumer Law or cause any part of this clause to be void.

Except in the instance of breach of contract or negligence by us, to the fullest extent permitted by law,

our liability for a breach of a non-excludable guarantee referred to in clause 0, or breach of any other

legal duty in relation to the subject matter of this contract is limited, as far as the law allows, to

replacing or resupplying the goods or services respectively or paying for their replacement or resupply.

If for any reason the limitation of liability under clause 0 is not effective or enforceable, then our

maximum aggregate liability for all proven losses, damages and claims arising out of this contract

(except for breach of the contract or negligence by us) is limited to the sum of the amounts paid by you

to us in respect of fees or costs under this contract at the time the liability crystallizes.

You indemnify us against (and therefore must pay us for) loss or damage arising in connection with any

failure by you to comply with any of your obligations under this contract, up to the amount that we may

be entitled to recover as compensation under common law or statute.

Note: you will not have to do this where the loss or damage is the result of the negligence of us, your

distributor or a meter reader.

Nothing in this contract varies or excludes any limitation of liability or immunity we have under the

energy laws.

Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or

enforcement of, a right, power or remedy provided by law or under this market retail contract by us

does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or

enforcement, of that or any other right, power or remedy provided by law or under this contract. No

waiver of a breach of a term of this contract operates as a waiver of any other breach of that term or of

a breach of any other term of this contract.

Unless we have acted in bad faith or negligently, the energy laws exclude our liability for any loss or

damage you suffer as a result of the total or partial failure to supply electricity to the premises, which

includes any loss or damage you suffer as a result of the defective supply of electricity.

PRICE FOR ELECTRICITY AND OTHER SERVICES What are our tariffs and charges?

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Our tariffs and charges are set out on the plan information document and are published on our website

(www.greenpowerfund.com.au/en).

The plan information document details the amount we charge you for electricity used at the premises

and will include the following components;

• the usage charge;

• the daily supply charge; and

• conditional discounts (if any).

Different usage charges may apply at different times of the day and if this contract includes this type of

charging, it will be defined in the plan information document.

The plan information document lists all additional charges you may be required to pay. These are also

listed at www.greenpowerfund.com.au/en/additional-charges.

Conditional Discounts

Any discounts, including the conditions that apply to them, will be set out in the plan information

document.

Changes in tariffs and charges

Unless otherwise stated in the plan information document, you acknowledge that we may vary the

tariffs and charges that apply under this contract at any time.

If during billing cycle, you change from one type of billing cycle to another we will:

obtain a meter reading (or metering data) at the time the type of tariff changes; and

calculate your bill using the type of tariff applying:

the old type of tariff up to but not including the date of the meter reading; and

the new type of tariff from and including the date of the meter reading.

If your tariff changes, you will be notified at least five business days’ before the new tariff applies and

these changes will be reflected on your next bill.

Note: If you are a Queensland resident, we will notify you of any increase to your tariffs or charges at

least 10 business days before the variation applies.

We will deliver the notice by your preferred form of communication where you have communicated this

to us, or otherwise by the same method as that used for delivery of your bill.

The notice must:

specify that your tariffs and charges are being varied;

specify the date on which the variation will come into effect;

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identify your existing tariffs and charges inclusive of GST;

identify your tariffs and charges as varied inclusive of GST;

specify that the tariffs and charges identified above are inclusive of GST; and

specify that you can request historical billing data and, if you are being sold electricity, energy

consumption data, from us.

(We are not required to notify you of a variation of tariffs or charges in certain circumstances, for

example when the variation is a result of changes to a government rebate or relief scheme.

Your tariff may depend upon whether you are a residential customer, or a small business customer as

defined by your distributor and their network tariff arrangements.

We may change your tariff if your use of electricity as defined by your distributor changes in accordance

with the energy laws.

Variation of tariff due to change of use

You must notify us if there is a change of use at the premises we are supplying under this contract.

If a change in your use of electricity means you are no longer eligible for the particular tariff you are on,

we may transfer you to a new tariff.

If you are a small business customer and your meter becomes classified as large, it is no longer eligible

for the residential and small customer tariffs.

Concessions

If you are eligible for any government concessions, you must provide us with sufficient evidence to

validate your concession. We will need to retain copies of your evidence in accordance with the energy

laws.

If you become eligible for concessions during the term of this contract with us, you need to notify us as

soon as possible by email or via our website www.microgridpower.com.au . One of our customer service

representatives will then contact you soon after.

If confirmed, all validated concessions will be passed on to you from the date that the concessions are

confirmed by us and they will be applied on your next bill.

GST

Amounts specified in the market offer prices and other amounts payable under this contract will be GST

inclusive unless otherwise stated.

BILLING General

http://www.microgridpower.com.au/

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Your bill will be viewable on your Microgrid Power online account accessible via the website. We will

send your bill to you:

at your designated email address nominated by you; or

to a person authorised in writing by you to act on your behalf at the designated email address specified

by you.

Calculating the bill

Bills we send to you will be calculated on:

the amount of energy consumed at your premises during the billing cycle (using information obtained

from reading your meter data or otherwise in accordance with the Rules);

the amount of fees and charges for any other services provided under this contract during the billing

cycle; and

the charges payable for use of the embedded network to us and any other embedded network

operators.

Estimating the energy usage We may estimate the amount of energy consumed at your premises if your meter cannot be read, if

your metering data is not obtained (for example, if access to the meter is not given or the meter breaks

down or is faulty), or if you otherwise consent.

If we estimate the amount of energy consumed at your premises to calculate a bill, we must:

clearly state on the bill that it is based on an estimation; and

when your meter is later read, adjust your bill for the difference between the estimate and the energy

actually used.

If you don’t have an interval meter installed, and you have been sent a bill based on an estimate, you

can ask for an adjusted bill based on your own reading of your meter and providing us with your

estimate before the due date for payment of the bill. This ‘self-read’ estimate will only be accepted by

us if it is carried out in accordance with the procedure provided by us and the energy laws.

If the later meter read shows that you have been undercharged, we will allow you to pay the

undercharged amount in instalments, over the same period of time during which the meter was not

read (if less than 12 months), or otherwise over 12 months.

If the meter has not been read due to your actions, and you request us to replace the estimated bill with

a bill based on an actual reading of the meter, we will comply with your request but may charge you any

cost we incur in doing so.

Your historical billing information

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We will give you access to your billing and consumption history free of charge. However, we may charge

you where your request is in a form not provided for in energy laws.

Bill smoothing

We may, where you agree, arrange for you to pay your bills under a bill smoothing arrangement, which

is based on a 12 monthly estimate of your energy consumption.

PAYING YOUR BILL What you have to pay?

You must pay to us the amount shown on your bill (including GST) by the due date specified on your bill.

When you have to pay?

The due date will be 13 business days from the date we issue your bill. The issue date will be the date

we send the bill electronically to you.

Billing Cycle

We will issue your bill monthly.

Dishonoured Payments

If you make a payment which is dishonoured or reversed and it results in us incurring fees or costs, we

may recover these fees or costs from you.

How to Pay

You may pay your bill using one of our approved automatic payment methods, being direct debit, Visa

or MasterCard.

If you choose to pay your bill using a direct debit facility, you:

acknowledge that you have given us your explicit informed consent to debit your account in accordance

with the direct debit form on our website;

must set up your direct debit request using the direct debit form on our website; and

must read and agree to our direct debit services agreement.

If you request that we cease to rely on the direct debit arrangement, we will no longer rely on the direct

debit authority.

We will terminate the direct debit arrangement on being requested by you to do so.

If you choose to pay your bills using Visa or MasterCard, we may charge you for any card processing fees

associated with this. Fees are listed on the plan information document.

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Late Payment

If you have not paid your bill by the due date, you must pay the late payment charge and you may also

lose any discounts associated with prompt payment. If applicable, these terms are listed in the plan

information document.

Collection Fee

You may also be required to pay any reasonable costs incurred by us for collecting overdue payments

from you.

Payment Difficulties If you are having difficulties paying your bill, you should contact us as soon as possible. You can contact

us by email or via our website.

If you are a residential customer and have told us you are having difficulty paying your bill, we can offer

you the option of paying your bill under a payment plan. This is available to all residential customers

unless you have had two (2) payment plans cancelled due to non-payment in the previous 12 months or

have been convicted of an offence involving the illegal use of electricity in the previous 2 years.

Additional protections may be available to you under our Customer Hardship Policy and under the

energy laws if you are a customer experiencing payment difficulties due to hardship. A copy of our

Customer Hardship Policy is available on our website (www.greenpowerfund.com.au/en/hardship).

METERS You must allow us and our authorised representatives safe and unhindered access to your premises for

the purposes of (where relevant):

reading, testing, maintaining, inspecting or altering any metering installation at the premises;

calculating or measuring energy supplied or taken at the premises;

checking the accuracy of metered consumption at the premises; and

replacing meters.

We will use our best endeavours to ensure that a meter reading is carried out as frequently as is needed

to prepare your bills, consistently with the metering rules and in any event at least once every 12

months.

If we or our representatives seek access to the premises under paragraph 0, we will:

comply with all relevant requirements under the energy laws; and

carry or wear official identification; and

show the identification if requested.

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If we propose to replace your electricity meter we must give you a notice with the right to elect not to

have your meter replaced unless:

your meter is faulty or sample testing indicates it may become faulty; or

you have requested or agreed to the replacement of your meter.

When a new meter is required to be installed at your premises, we will seek to agree with you on a

timeframe that will suit both of us for installation.

UNDERCHARGING AND OVERCHARGING Undercharging

If we have undercharged you, we may recover the undercharged amount from you. If we recover an

undercharged amount from you:

we will not charge interest on the undercharged amount; and

we will offer you time to pay the undercharged amount in instalments over the same period of time

during which you were undercharged (if less than 12 months), or otherwise over 12 months.

The maximum amount we can recover from you is limited to the amount that has been undercharged in

the 9 months immediately before we notify you, unless the undercharge is your fault, or results from

your unlawful act or omission.

Overcharging

Where you have been overcharged by less than $50, and you have already paid the overcharged

amount, we must credit that amount to your next bill after we become aware of the overcharging.

Note: If you are a Queensland resident and have been overcharged, we will notify you within 10

business days of the overcharging and refund you the amount you were overcharged.

Where you have been overcharged by $50 or more, we must inform you within 10 business days of our

becoming aware of the overcharge and, if you have already paid that amount, we will credit that

amount to your next bill. However, if you request otherwise, we will comply with that request.

If you have stopped buying electricity from us, we will use our best endeavors to pay the overcharged

amount to you within 10 business days.

If you have been overcharged as a result of your own fault or unlawful act or omission, we may limit the

amount we credit or pay you to the amount you were overcharged in the last 12 months.

Reviewing your bill

If you disagree with the amount you have been charged, you can ask us to review your bill in accordance

with our standard complaints and dispute resolution procedures.

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If you ask us to, we must arrange for a check of the meter reading or metering data or for the meter to

be tested in reviewing the bill. If the test of the meter indicates the meter is operating according to the

meter operating requirements specified in the energy laws, we will issue you a new invoice asking you

to pay for the cost of the test and any outstanding bill amounts.

If your bill is being reviewed, you are still required to pay any other bills from us that are due for

payment and the lesser of:

the portion of the bill that you do not dispute; or

an amount equal to the average of your bills in the last 12 months.

SECURITY DEPOSITS Security deposit

We may require that you provide a security deposit. The circumstances in which we can require a

security deposit and the maximum amount of the security deposit are governed by the energy laws.

Interest on security deposits

Where you have paid a security deposit, subject to clause 0, we must pay you interest on the security

deposit at the prevailing published 90- day bank bill rate.

Use of a security deposit

We may use your security deposit, and any interest earned on the security deposit, to offset any amount

you owe under this contract:

if you fail to pay a bill and as a result we arrange for the disconnection of the premises, once you no

longer have a right of reconnection under clause 0; or

in relation to a final bill (i.e. a bill we issue when you vacate the premises or when you stop purchasing

electricity from us at the premises or when you request that the premises be disconnected).

If we use your security deposit or any accrued interest to offset amounts owed to us, we will advise you

and repay any balance of your security deposit within 10 business days.

Return of security deposit

We must return your security deposit and any accrued interest in the following circumstances:

you complete 1 years’ payment (in the case of residential customers) or 2 years’ payment (in the case of

business customers) by the pay-by dates on our initial bills; or

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subject to clause 0 of this contract, you stop purchasing electricity at the relevant premises under this

contract.

If you do not give us any reasonable instructions, we will credit the amount of the security deposit,

together with any accrued interest, to your next bill.

DISCONNECTION OF SUPPLY When can we arrange for disconnection?

Subject to us satisfying the requirements in the energy laws, we may arrange for the disconnection of

the premises if

you do not pay your bill by the pay-by date and, if you are a residential customer, you:

fail to comply with the terms of an agreed payment plan; or

do not agree to an offer to pay the bill by instalments, or having agreed, you fail to comply with the

instalment arrangement;

you do not provide a security deposit we are entitled to require from you;

you do not give access to the premises to read a meter (where relevant) for 3 consecutive meter reads;

you fail to give us safe and unhindered access to the premises as required by clause 0 or any

requirements under the energy laws; or

there has been illegal or fraudulent use of electricity at the premises in breach of clause 0 of this

contract; or

we are otherwise entitled or required to do so under the energy laws or by law.

Notice and warning of disconnection Before disconnecting the premises, we must comply with relevant warning notice requirements and

other provisions in the energy laws. However, we are not required to provide a warning notice prior to

disconnection in certain circumstances permitted by the energy laws (for example, where there has

been illegal or fraudulent use of electricity at the premises or where there is an emergency or health

and safety issue).

When we must not arrange disconnection

Subject to paragraph 0, the premises may not be disconnected during the following times (‘the

protected period’):

on a business day before 8.00am or after 3.00pm; or

on a Friday or the day before a public holiday; or

on a weekend or a public holiday; or

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on the days between 20 December and 31 December (both inclusive) in any year; or

The premises may be disconnected within the protected period:

for reasons of health and safety; or

in an emergency; or

as directed by a relevant authority; or

if permitted under your customer connection contract or under the energy laws; or

if you request us to arrange disconnection within the protected period; or

if the premises contain a commercial business that only operates within the protected period and where

access to the premises is necessary to effect disconnection; or

where the premises is not occupied.

RECONNECTION AFTER DISCONNECTION We must request your distributor to reconnect the premises if, within 10 business days of the premises

being disconnected:

you ask us to arrange for reconnection of the premises;

you rectify the matter that led to the disconnection; and

you pay any reconnection charge (if requested).

We may terminate this contract 10 business days following disconnection if you do not meet the

requirements in paragraph 0.

INTERRUPTION OF SUPPLY When supply may be interrupted

We may interrupt your electricity supply from time to time. We may do so in order to:

install, test, repair, maintain, exchange, alter, replace or remove your meter;

in an emergency;

for health and safety reasons; or

due to any circumstances beyond our reasonable control or where otherwise permitted by the laws and

rules.

If we plan to interrupt your electricity supply, we will seek your explicit consent to interrupt supply on a

certain date or within a certain date range. If you do not consent to that date or date range, the

interruption will occur at least four business days after you are notified. If your premises are registered

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as requiring life support equipment, you will always receive at least four business days notice of a

planned interruption.

WRONGFUL AND ILLEGAL USE OF ELECTRICITY Use of electricity

You must not, and must take reasonable steps to ensure others do not:

illegally use electricity supplied to the premises; or

interfere or allow interference with any electricity equipment that is at the premises except as may be

permitted by law; or

use the electricity supplied to the premises or any electricity equipment in a manner that:

unreasonably interferes with the connection or supply of electricity to another customer; or

causes damage or interference to any third party; or

allow electricity purchased from us to be used otherwise than in accordance with this contract and the

energy laws; or

tamper with, or permit tampering with, any meters or associated equipment.

NOTICES AND BILLS All notices and bills under this contract will be sent electronically.

To facilitate this, you must;

have a computer which can receive our emails;

have a computer which can open PDF files (https://get.adobe.com/reader/);

accept that electronic communications like emails cannot be guaranteed to be timely, secure or virus

free and that we do not accept liability arising out of any email communications; and

notify us as soon as your email address changes.

If we cannot deliver your bill to your email address, we will forward it to you by mail (and you will incur

the paper bill fee as described in our plan information document).

Note: If the premises is located in New South Wales, we will not impose a charge for issuing you a paper

bill.

A notice or bill electronically sent under this contract is taken to have been received by you on the date

of transmission (unless we receive notice that delivery did not occur or has been delayed). We will try to

resend the bill or notice 2 more times on that same day.

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If electronic transmission has failed, a notice or bill sent under this contract is taken to have been

received by you or by us on the date 2 business days after it is posted.

If we need to send you bills or notices by regular post, we will charge you our paper bill fee (as listed in

the plan information document).

PRIVACY ACT NOTICE We will comply with all relevant privacy legislation in relation to your personal information. You can find

a summary of our privacy policy on our website. If you have any questions, you can contact our privacy

officer.

COMPLAINTS AND DISPUTE RESOLUTION Complaints

If you have a complaint, issue or just some general feedback please let us know. If we have let you down

in any way, our friendly team at Microgrid Power will do our absolute best to help make things right.

You can do this in several ways:

By telephone 1300 647 888

By email to [email protected]

How we handle your complaint:

Within 1 working day of receiving the complaint Microgrid Power will contact the customer

acknowledging receipt of the complaint.

Within 2 working days of the acknowledgement the initial assessment will have been completed and

contact with the customer will be made.

If unable to resolve the complaint immediately after the initial assessment, then within 7 working days

of acknowledging the complaint Microgrid Power will provide an update to the customer about the

current state of the complaint/investigation.

If the complaint is unresolved within 20 working days of the acknowledgement, Microgrid Power will

provide the customer, in writing, a valid reason to extend the complaints procedure to 40 working days.

Note: Our standard complaints and dispute resolution procedures are published on our website.

Our obligations in handling complaints

If you make a complaint, we must respond to your complaint within the required timeframes set out in

our standard complaints and dispute resolution procedures and inform you:

of the outcome of your complaint and the reasons for our decision; and

mailto:[email protected]

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that if you are not satisfied with our response, you have a right to refer the complaint to the Energy and

Water Ombudsman New South Wales and Energy and Water Ombudsman Queensland.

The contact details of the relevant ombudsman schemes are below:

If the premises is located in NSW:

Energy and Water Ombudsman NSW

Address: Level 11, 133 Castlereagh Street, Sydney NSW 2000;

Email: www.ewon.com.au;

Telephone: 1800 246 545

If the premises is located in Queensland:

Energy and Water Ombudsman Queensland

Address: Level 16, 53 Albert Street, Brisbane City QLD 4000;

Email: www.ewoq.com.au;

Telephone: 1800 662 837

SOLAR FEED-IN-TARIFF If you have a solar photovoltaic (PV) system installed and operational at your premises, it is important

that you tell us. You will solely be responsible for any connection and compliance with all electrical

safety laws.

FORCE MAJEURE Effect of force majeure event

If either party to this contract cannot meet an obligation under this contract because of an event

outside the control of that party (‘a force majeure event’):

the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the

force majeure event for as long as the force majeure event continues; and

the affected party must use its best endeavours to give the other party prompt notice of that fact

including full particulars of the event, an estimate of its likely duration, the extent to which the affected

party’s obligations are affected and the steps being taken to remove, overcome or minimise those

effects.

Deemed prompt notice

If the effects of a force majeure event are widespread, we will be deemed to have given you prompt

notice if we make the necessary information available by way of a 24-hour telephone service within 30

minutes of being advised of the event or otherwise as soon as practicable.

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Obligation to overcome or minimise effect of force majeure event

A party that claims a force majeure event must use its best endeavours to remove, overcome or

minimise the effects of that event as soon as practicable.

Settlement of industrial disputes

Nothing in this clause requires a party to settle an industrial dispute that constitutes a force majeure

event in any manner other than the manner preferred by that party.

APPLICABLE LAW This contract is governed by the laws of the state or territory in which the premises are located. You

agree to submit to the non-exclusive jurisdiction of the courts in that state or territory.

RETAILER OF LAST RESORT EVENT If we are no longer entitled by law to sell electricity to you due to a Retailer of Last Resort (RoLR) event

occurring in relation to us, we are required under the energy laws to provide relevant information

(including your name, billing address and metering identifier) to the entity appointed as the relevant

designated retailer for the RoLR event and this contract will come to an end.

GENERAL Our obligations

Some obligations placed on us under this contract may be carried out by another person. If an obligation

is placed on us to do something under this contract, then:

we are taken to have complied with the obligation if another person does it on our behalf; and

if the obligation is not complied with, we are still liable to you for the failure to comply with this

contract.

Amending this contract

This contract may only be amended in accordance with the procedures set out in the energy laws.

We will publish any amendments to this contract on our website.

SIMPLIFIED EXPLANATION OF TERMS

acceptable identification, in relation to:

a residential customer—includes the licence number of a driver licence (or driver’s licence) issued under

the law of a State or Territory.

a business customer that is a sole trader or partnership—includes the form of identification for a

residential customer for one or more of the individuals that conduct the business or enterprise

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concerned and an Australian Company Number or Australian Business Number or the body corporate;

or;

a business customer that is a body corporate—means Australian Company Number or Australian

Business Number of the body corporate.

billing cycle means the regular recurrent period for which you receive a bill from us.

business day means a day other than a Saturday, a Sunday or a public holiday.

business customer means a customer who is not a residential customer.

customer means a person who buys or wants to buy electricity from a retailer.

customer connection contract means a contract between you and your distributor for the provision of

customer connection services.

designated email address is the email address provided by you as your primary contact email address for

the purposes of our communication of bills and notices with you; or the email address of someone else

who has been authorized in writing acting on your behalf.

designated retailer means the financially responsible retailer for the premises (where you have an

existing connection) or the local area retailer (where you do not have an existing connection) for the

premises;

disconnection means an action to prevent the flow of electricity to the premises but does not include an

interruption.

distributor means the person who operates the system that connects the embedded network to the

distribution network.

embedded network means the privately owned electricity network to which your premises are

connected.

embedded network operators means any other party who owns, controls or operates the embedded

network.

emergency means an emergency due to the actual or imminent occurrence of an event that in any way

endangers or threatens to endanger the safety or health of any person, or normal operation of the

distribution system or transmission system, or that destroys or damages, or threatens to destroy or

damage, any property.

energy laws means any law or regulatory or administrative instrument relating to or affecting the sale or

supply of energy in the State or Territory in which your premises is located or otherwise relevant to our

obligations under this contract, including the National Energy Retail Law and National Energy Retail

Rules, as varied or replaced from time to time.

exempt retailer means a retailer that is authorised under an exemption from the need to obtain a retail

authorisation to sell electricity.

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explicit informed consent has the meaning given in energy laws.

feed-in-tariff means the amount per unit paid for electricity supplied by you from a solar photovoltaic

(PV) system to the grid as shown on your plan information document.

force majeure event means an event outside the control of a party.

government feed-in-tariff is the feed-in tariff that we are required to offer under energy laws.

GST has the meaning given in the GST Act (A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

interval meter means a meter that takes measurements of how electricity is used in separate intervals.

life support equipment means any of the following:

a) an oxygen concentrator;

b) an intermittent peritoneal dialysis machine;

c) a kidney dialysis machine;

d) a chronic positive airways pressure respirator;

e) crigler najjar syndrome phototherapy equipment;

f) a ventilator for life support;

in relation to a particular customer—any other equipment (whether fuelled by electricity or gas) that a

registered medical practitioner certifies is required for a person residing at the customer’s premises for

life support or otherwise where the customer provides a current medical certificate certifying that a

person residing at the customer’s premises has a medical condition which requires continued supply of

electricity.

market retail contract means a contract between a small customer and a retailer which is not a deemed

customer retail arrangement nor a standard retail contract;

meter, in relation to a customer, means:

(a) the device that measures the quantity of electricity passing through it or records the

consumption of electricity at the customer’s premises; and

(b) for electricity bulk hot water or gas bulk hot water, the device which measures and records the

consumption of bulk hot water consumed at the customer's premises.

metering recording the production or consumption of electricity.

metering rules means the applicable Retail Market Procedures and Chapter 7 of the National Energy

Rules.

pay-by date means 3 days after the bill issue date.

plan information document means the pricing documentation, including where applicable the energy

price factsheet, Basic Plan Information Document.

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Annexure 1 - BEST RATE GUARANTEE TERMS & CONDITIONS

1. Under these terms and conditions “Microgrid Power” means Microgrid Power Pty Ltd (ABN 93

628 991 131).

2. Where Microgrid Power offers to sell electricity to Customers subject to a “Best Rate

Guarantee” then that offer will be subject to these terms and conditions.

3. Where these terms and conditions are inconsistent with the terms and conditions of any other

agreement for the sale of electricity by Microgrid Power, then these terms and conditions shall prevail

to the extent of the inconsistency.

4. Best Rate Guarantee offers only apply to the sale of electricity in NSW, Queensland, Victoria and

South Australia.

5. Where any Customer of Microgrid Power has received an offer for the sale of electricity from a

competitor with a lower Rate than the Rate in the Quotation, then Microgrid Power will beat that Rate

if:

a. The competitor’s offer is received by the Customer before, or within 30 days of entering into an

agreement for the sale of electricity with Microgrid Power; and

b. The competitor’s offer is bona fide, in writing and clearly outlines the Rate and other fees and

charges of the offer; and

c. The competitor’s offer is for the sale of electricity; and

d. The competitor’s offer is currently available and was made within 14 days of receiving the

Quotation and

e. The competitor’s offered Rate includes all costs, fees, taxes, delivery charges and other costs

associated with the sale and supply of electricity.

6. Any Customer who wishes to claim the offer of a Best Rate Guarantee may be required to

provide Microgrid Power with evidence of the competitor’s advertised Rate or evidence in writing and

Microgrid Power reserves the right to verify the evidence provided.

7. If a claim qualifies for the Best Rate Guarantee, Microgrid Power will either:

a. reduce its quoted Rate to below the competitor’s offered Rate; or

b. provide the Customer with a cash bonus of $200 (for small customers) or $500 (for large

customers).

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8. Taking an action under clause 7.a. or 7.b. will wholly satisfy Microgrid Power’s obligations under

these terms and conditions.

9. The Best Rate Guarantee does not apply where:

a. Microgrid Power is unable to verify, using reasonable means, that the competitor’s offered Rate

or advertised product is available for purchase; or

b. the competitor’s offered Rate is the result of an error by the competitor; or

c. the competitor’s offered Rate is available due to the use of coupons, loyalty rewards,

redemption of frequent flyer miles or other similar offers or incentives; or

d. the sale of electricity was or is subject to a tender or similar competitive bidding process; or

e. the competitor’s offered Rate is not a component of a Generally available plan as defined in

Version 5 of the AER Retail Pricing Information Guidelines; or

f. the competitor’s offered Rate is based on a wholesale or bulk purchase price.

10. The Best Rate Guarantee may be terminated or amended by Microgrid Power at any time

without notice.

11. The Best Rate Guarantee is subject to you complying with the Terms and Conditions for Energy

Supply from Microgrid Power

12. Terms in these terms and conditions have the same meaning as in the Terms and Conditions for

Energy Supply from Microgrid Power unless otherwise stated below.

a. “Customer” or “you” shall mean the person or company named in the Quotation and, in the

case of an individual, his/her executors, administrators and assigns, and of a company its successors and

assigns.

b. “Quotation” means the quotation form provided by Microgrid Power to the Customer.

c. “Rate” means the amount charged in Australian dollars per kilowatt hour of electricity

consumed.

13. Any customer that is under a current retail electricity contract subject to a termination fee, the

following applies;

a. For SME Customers with (consumption of less than 100Mwh per annum) Microgrid

Power will refund by way of credit $250 to cover your break fee on your first account.

b. For C&I Customers (consumption of more than 100Mwh per annum) Microgrid Power

will not charge back by way of invoice the bundle discount on the basis that when the Customers energy

contract is up for renewal, Microgrid Power is offered the opportunity to requote under this ‘Best Rate

Guarantee Offer”. In the event Microgrid Power is not given the opportunity to quote the Customer at

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the end of their current contract period, the bundle discount will invoice to the customer and be

payable within 7 days

power supply and sale agreement€¦ · be between you and microgrid power pty ltd. your acceptance...

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