General Terms & Conditions

Agreement

This agreement constitutes a contract between you and Energy X Brokers Limited (“Energy X”). You are appointing Energy X to act as your agent in dealing with utility service providers. Energy X is your point of contact for all matters pertaining to the supply of any contracted services.

Estimated Savings

Energy X obtains information from your existing utilities supplier(s) for your previous year's consumption and our calculations are based on your business using the same amount of power in the ensuing term of the proposed contract.

All savings shown take into account any contract termination fees with your utility service provider (if applicable) and monthly brokerage fees as shown above.

Validity Of Offer

All prices supplied to the client are subject to five-day validity from the offer. These terms may be extended at the discretion of Energy X Brokers Ltd T/A Energy X subject to acceptance by the service provider.

Appointed Agent

On accepting the offer you grant permission to Energy X to act on your behalf until such time as that permission is revoked by you as provided below.

Termination of Agreement

You may terminate this agreement at any time by giving Energy X 30 days’ written notice.  You are responsible for any termination charges contained in your contract with the service provider.

You may end this agreement at any time and for any reason before the end of the Term on payment to us of an early termination fee of $600 (excl. GST) per each commercial ICP (Installation Control Point), and $250 (excl. GST) per each residential ICP (Installation Control Point) or loss of the revenue for the remaining Term whichever is greater. For business customers who cease trading, no termination fee will apply.

If any of the Default Events set out below occur we may without prejudice to and in addition to any other rights or remedies we may have, exercise all or any of the following rights:

• Immediately terminate this Agreement on notice to you.
• Recover from you all amounts for any damage, losses, cost or expenses including actual legal costs and expenses arising from your default or non-payment.
• Charge and you must pay default interest at the rate of 18% per annum (calculated on a daily basis) until all amounts owed to us are paid in full including actual legal costs and other costs and expenses incurred by or on behalf of us in enforcing or defending all or any of our rights.
• By notice to you require that all amounts owed to us whether due or not are paid immediately.

The Default events are

• Breach of your obligations (including payment obligations) under this Agreement;
• You entering into any negotiations for any scheme of arrangement, composition or compromise with your creditors;
• You, in our opinion, being unable to pay your debts (including contingent liabilities) as they fall due;
• You passing any resolution to liquidate or becoming the subject of any liquidation proceedings;
• You have a receiver or a receiver or manager appointed over the whole or part of your property or undertaking; or
• You become bankrupt or commit an act of bankruptcy.

Renewal of agreement

• If for any reason, Energy X does not notify you of the prices that will apply to a renewal term pursuant to clause 2, this Agreement will expire at the end of the agreement Term.
• you or Energy X have given notice of non-renewal in accordance with clause (b); or clause (c) applies.
• Not less than four (4) weeks prior to the end of the agreement term (and each subsequent renewal term, if any), Energy X may give you written notice either:
• advising you of the energy prices/rates and any changes to this agreement that will apply during the renewal term; or
• Electing not to renew this Agreement for a further Term, in which case this Agreement will expire at the end of the then current Term, at which point you will be liable for any outstanding amounts owing to Energy X.
• At the end of the agreement Term (including each subsequent renewal term (if any)), this Agreement will be automatically renewed for a further term of equivalent duration (or such other renewal term as you and Energy X may agree) and on the same terms and conditions, subject to paragraph c below, unless:
• You may elect not to renew this agreement by giving Energy X written notice not less than 10 working days prior to the end of the agreement Term (or any subsequent renewal term, if applicable) and this agreement will expire, at which point you will be liable for any outstanding amounts owing to Energy X.

Limitation of Liability

You warrant that Energy X has no responsibility to make any payments to utility suppliers for products, services or energy consumption. Any penalties incurred for late payment, contract termination fees or other charges are the responsibility of the account holder.

Energy X shall not be liable for

• any misinformation provided by a third party or any increase or decrease in consumption which may affect the potential savings;
• any direct or indirect loss or damage, including without limitation, economic loss or loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in connection with this Agreement
  

Consumer Guarantees Act 1993 and Fair Trading Act 1986

If you are a business customer, you agree that this agreement is for the purposes of the business and that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1980 will not apply.

Utility Supplier’s Terms and Conditions

You will remain liable for your obligations under your agreement with each utility supplier.

Service and Charges

Energy X will perform a monthly audit of your account(s) from the service provider(s). The monthly Service Fees applicable is 5% (plus GST) of the monthly service provider bill including any prompt payment discounts and GST. At the end of the contract term Energy X will continue to audit your accounts and advise if further savings can be achieved.

Payment Terms

Payments to Energy X shall be made via direct debit unless otherwise agreed. All payments will be direct debited from your nominated account seven days after the date of issue of an invoice. Where a direct debit authority is not in force or where a termination fee is due, all outstanding amounts to are due in seven (7) days. If a payment is disputed, please contact your Energy Broker in the first instance.  All correspondence should be made in writing to accounts@energyx.co.nz or sent by registered post to 6-8 Edward Wayte Place, Grafton, Auckland 1023. Any issues raised will be dealt with within 7 working days from date of receipt.

You agree to indemnify us for all costs, losses, expenses (including all legal fees) incurred by or as a result of your breach of this Agreement.

Disputes

If there is a disputed amount owing all matters will be dealt with in accordance with New Zealand law.

General

• All statutory, express or implied warranties by us including without limitation the implied warranties of merchant ability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).
• You agree that time is of the essence in respect of your obligations to us.
  
• We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.
  
• All notices to be given pursuant to this agreement will be given in accordance with sections 185 to 189 of the Personal Properties Securities Act 1999.
  
• While you are not entitled to assign your rights under these terms we may.
  
• You agree that we may issue any proceedings in respect of this Agreement in any court that suits us. The law that governs these terms is New Zealand law.
• We may in our sole discretion vary this Agreement from time to time by notice to you.
  
• Any provision of this Agreement that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of these terms.
  
• You agree that this Agreement expresses the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in this Agreement.