Terms and Conditions | Pulse Energy

We may change part or all of this contract by posting the changes on our website and giving you at least 30 Days' notice, in writing that applies to the price increases for all services supplied under the contract before the changes take effect in which we will explain the reasons for the changes. Such notice will be communicated to you in the same manner that our invoices are communicated to you.
This contract replaces any other contract you may have had with us and includes any other document referred to in this contract.
If any terms or conditions of this contract are ruled invalid in court, it will not affect the rest of this contract.
You are responsible for paying for the services in this contract and for making sure your contractual obligations are met.
We can transfer or assign all or any of our rights and obligations under this contract to someone else. We will notify you of such a transfer or assignment. We can also subcontract or delegate all or any of our rights and obligations. If you are not happy with the party performing our obligations, you should contact us immediately to discuss your concerns.
You may not transfer or assign any of your rights or obligations under this contract to another person unless we agree.
In the event of any conflict between this contract and the Scheme, the Scheme prevails. You can obtain a copy of the Scheme from the Office of the Electricity and Gas Complaints Commissioner’s web site ( www.egcomplaints.co.nz).

1. Who is Pulse Energy?

Pulse Energy is a trading name of Pulse Utilities New Zealand Limited. Our goal is to become the energy retailer of choice in supplying New Zealanders with a reliable energy supply that is from renewable and sustainable generation sources. In line with this strategy, we purchase energy from small, renewable generation projects throughout New Zealand and match this to our customers' energy consumption. Our aim is to be on the side of our customers, helping them to reduce their energy bills.
We believe in people. As we grow, we will strengthen our ties with local communities around New Zealand.

1.1 How to apply

You can be a customer by:
A. Contacting us on 0508 Pulse Energy (0508 587 836). It will help if you have a copy of a previous electricity invoice when you call; or
B. Completing a customer application form and sending it to us at the above address. We will endeavor to respond within 4 working days of receipt of your application; or
C. Completing a customer application form online by clicking here
When you apply, there is the opportunity for you to notify us that someone at your premises is either a Vulnerable Customer or a Medically Dependent Vulnerable Customer.
D. Before accepting your application, we need to check that you meet our acceptance criteria and we may require a credit check. If you write in, email or verbally decline to accept a credit check, we will be unable to accept your application. If you are a business customer and wish to apply for a fixed price arrangement, a Supply Agreement with us may be a better option for you. If you wish to discuss further contact us.
E. If your application is accepted, we will post a welcome pack to you which include the following:
Payment options and any discount for prompt payment.
An explanation of how Pulse Energy will read your Meter.
Rights in respect of access to your Premises (including our obligations when exercising these rights).
Any limitations of our liability to you if we breach our contract with you.
The Distributor who provides the Lines Services to your premises.
Who to contact if there is any interruption in your supply of electricity or if you have any complaints in respect of our contract with you.
Particulars of any fixed term that is applicable to this contract and how, if you terminate this contract before the end of that fixed term, early termination fees will be calculated.
F. By doing nothing. Following five (5) business days elapsing from the date of the Contract Summary you will be deemed to have confirmed your details as recorded in the Contract Summary as correct and to have accepted joining us.

1.2 Contract between us

These terms and conditions together with your Contract Summary or Supply Agreement (as applicable) form an entire contract between you and us. How and when this contract is formed and how these terms and conditions apply to you depends upon whether you have joined us through a Contract Summary or by Supply Agreement, which is a specific agreement entered between you and Pulse Energy.
Generally, residential customers join us through a Contract Summary and only businesses with particular energy supply needs join us through a Supply Agreement. However, if you are unsure of which applies to you, please contact us to confirm. In addition, if we have made a promotional offer to you (such as a price guarantee, a credit on your account with us or similar) that applies to your relationship with us as well, in accordance with the specific terms and conditions of that promotional offer.

1.3 Contract Summary Customers

Where you have joined us through a Contract Summary, this contract is only formed once the details in the Contract Summary are confirmed by you according to one of the methods described above.
If you have joined us through a Contract Summary, and any terms of that Contract Summary conflict with any of these terms and conditions your Contract Summary is to take precedence.

1.4 Supply Agreement Customers

If you have entered a Supply Agreement with us, these terms and conditions still apply to you but in the event of any inconsistency, your Supply Agreement will prevail over these terms and conditions.
The contract between us and you is formed when we receive from you your duly executed Supply Agreement.

1.5 Effect of Contract Being Formed

Once a contract is formed with you in the manner described above, you are liable for the charges for all goods and services that we provide to you in connection with this contract and for making sure that the requirements of this contract are met. All electricity supplied by us to you at your Premises is deemed to be covered by this contract.
You can also be deemed to be liable under this contract from the date of your occupancy of the Premises or responsibility for the Premises, which may be prior to formation of this contract.

1.6 Contract Terms for Fixed Price Guarantee

(a.) The Fixed Price Guarantee is applicable only to Pulse Energy charges until the expiry date, and excludes Lines Company Charges and the Electricity Authority Levy.
(b.) If your bill is paid on time each month, you are entitled to an increased prompt payment discount. The prompt payment discount you are entitled to is set out in your Contract Summary.
(c.) An early termination fee of $95 will apply to all customers and an additional $25 per month remaining on the contract period for business customers. This will appear on your final invoice.
(d.) The contract start date commences from the date your account switches from your previous retailer to Pulse Energy, or from the date you change to this plan.
(e.) Once the fixed period is complete, the contract will automatically renew unless we are advised 2days before it is due to renew. You can advise us by telephone, email, and fax or in writing.

1.7 Standard Contract

(a.) A standard contract is periodic.
(b.) If your bill is paid on time, you are entitled to our minimum prompt payment discount.

2. Switching to us

If you are switching to Pulse Energy from another Retailer, whether you are staying in the same Premises or moving to new Premises, we will arrange the switch with your existing Retailer. To complete the switch, you must apply to join us as documented in How To Apply and authorise us to act as your agent in connection with your premises from your existing retailer. You can find out further information about Pulse Energy by visiting the website, or alternatively contacting us. The switch process can take up to six weeks. In the interim, a welcome pack will be sent out to you with further information.

2.1 More than one person on the same account

Any number of people may join as customers under this contract. However, each customer is individually and jointly liable for all money owing to us and all other customer responsibilities while he or she is a customer. Each such customer may exercise all rights under this contract. If one customer under this contract no longer wishes to be a joint customer, we may require the remaining customer/s to enter into a new contract. When you cease to be a joint customer, you are still liable for all customer responsibilities that arose until you ceased to be a joint customer. Written confirmation may be required.

2.2 Alternative Contact

Rather than have a person who is named on your account with us (and is jointly and severally liable for the account as provided above), you may nominate a person as an alternative contact to make decisions for you under this contract. This may be helpful if you are a vulnerable customer or otherwise suffer from health or disability issues. However, you are still responsible as a customer and for any acts or omissions made by your alternative contact. You can nominate one or more people as an alternative contact. An alternative contact could be a family member, friend or a social agency. If you are facing disconnection, we will make reasonable endeavours to contact any preferred contact.

2.3 Distributor

We have an agreement with the Distributor to distribute electricity across its Network to your Premises. The Distributor has ownership of the Network and owns, operates and maintains most of the Lines and related equipment in your area up to the point where your Premises connect to its Network.
We are responsible for making sure that your Distributor meets its obligations in distributing electricity to your Premises. The rights of the Distributor under this contract are for the benefit of and enforceable by the Distributor in accordance with the Contracts (Privity) Act 1982.
If you have a problem with your Lines or related equipment, please contact us.

3. Your information and confidentiality

To become our customer, we need you to provide us with certain information. We may not be able to process your application if the information is not provided. You must tell us promptly if any of this information changes. Information about you will be held and used by us in accordance with the Privacy Act 1993. Under the Privacy Act, you or any other joint customer under this contract may access and request the correction of any of the information we hold under this contract by contacting us. We may use any information we collect and hold about you for any or all of the following purposes:
To supply electricity to you.
To invoice you.
To carry out credit checks or debt collection.
To send you notices or contact you.
In relation to any dealings we have with your Alternative Contact.
To meet the requirements of the Electricity Governance Regulations and Rules.
In regard to the Electricity and Gas Complaints Commissioner Scheme in connection with any complaint made by you.
To meet the requirements of the Distributor, the operators of the Grid or Network or a trust or co-operative that owns that Distributor.
To contact the Distributor and/or the trust or co-operative that owns that Distributor so that they may pass on rebates or discounts or prepare electoral rolls of trust beneficiaries.
To communicate with the operator of the Grid or Network for the running of their respective networks.
To contact any person we are required by law to provide with information about you.
To address mail to new occupants’ c/- your name on rural delivery routes, if necessary to ensure that mail is delivered to new occupants at your old address.
To verify your identity when you contact us.
To communicate promotional material to you from time to time.

3.1

By entering into this contract, you authorise any person to provide us with such information about you as we may require in response to our queries for any of the purposes set out above. We may discuss your Account with Work and Income New Zealand so that they may provide assistance to you. We may record all communication with you. We do this:
To help train and monitor our customer service staff
To confirm our contractual commitments with you
To help resolve disputes
For market research purposes unless you opt-out on your application form. The information gathered from surveys, will be used primarily to provide us with feedback and/or improvements to services. In the instance where the survey is part of a promotion, Pulse Energy reserves the right to use the prize winners names for publicity purposes.

4. Our performance commitments

We will supply electricity to your Premises at quality of service standards that:
comply with this contract, applicable laws, regulations and electrical codes of practice.
are no less than good industry practices prevailing in New Zealand.
You need to be aware that your supply of electricity may be interrupted or disconnected for a variety of reasons as mentioned in this contract.
The services that we will provide to you are the supply of Electricity using your existing Metering Equipment. We have set ourselves the following performance commitments for our customers in supplying these services:
Time to receive a response from us if you:
Phone: a maximum of 60 seconds until you are speaking to a customer service representative
Write: 4 working days from receipt
Email: 4 working days from receipt

4.1 Invoice queries

Our time to correct any errors in your invoice or Meter readings, once notified to us is within 20 Working Days.

4.2 Invoices for actual readings

We will endeavour to send you an invoice based on an actual reading of your Meter every month, unless your plan states otherwise. If you move addresses or would prefer an alternative postal address, please notify us promptly.

4.3 New connections

For new connections we will endeavour to have the Premises connected and have commenced supply to you within 30 working days of this contract being formed with you. If Lines upgrades or extensions are required before supply can commence, we will agree a timeframe for your new connection.

4.4 Faults

We will promptly notify a subcontractor or Distributor (as the case may be) if you notify us of a fault affecting the supply of electricity to you to have this remedied as soon as possible. Additional fees may be charged. We will inform you of any additional fees before sending a representative. If the fault is found to be internal to your Premises you will be charged for the costs involved in repairing the fault. You will not be charged if the fault is found to be on the Network.

4.5 Meter reading

On-going meter reading occurs with Pulse Energy conducting meter reads every month. Provided we can gain access. If we have no access we will estimate.

4.6 Complaints

The time to investigate a complaint that you may make to us about our services is 2 working days following your notification to us. For further information regarding the complaints process click here.

4.7 Planned interruptions to supply

We will communicate the duration of planned interruptions to your supply by no less than four (4) days notice and we will use reasonable endeavors to ensure that any interruption does not continue after its scheduled duration. Unless you agree otherwise, planned interruptions to your electricity supply will not exceed 60 minutes in total per annum.
The Distributor may disconnect a Point of Connection from the Network if a Disconnection Event occurs in relation to that Point of Connection. The Distributor will use all reasonable endeavors to reconnect a Point of Connection disconnected as soon as reasonably practicable once it is satisfied (acting reasonably) that the Disconnection Event has ceased or has been remedied.
The Distributor may interrupt or reduce the conveyance of electricity to any Point of Connection if an Interruption Event occurs in relation to that Point of Connection. Where practicable, the Distributor will use reasonable endeavors to ensure that any action it takes pursuant to this paragraph complies: with any industry contingency plan or load shedding guidelines which it has agreed to. The Distributor will use all reasonable endeavors to restore the conveyance of electricity to a Point of Connection where the conveyance has been interrupted or reduced pursuant to this paragraph as soon as reasonably practicable once it is satisfied (acting reasonably) that it is appropriate to do so.

4.8 Unexpected interruptions to supply

Unexpected interruptions to your supply can happen for various reasons. After learning of an unplanned outage on the Network, we will aim to restore your supply as soon as practicable.

4.9 Controlled load management

If you have a controlled load pricing option, i.e. a price plan that allows the Distributor or Pulse Energy to remotely control the supply of electricity to some or all equipment in your Premises, some of your electrical appliances (e.g. hot water cylinders and night storage heaters) will be switched off from time to time.

4.10 Lines services

We will endeavor to ensure that equipment used in the provision of Lines Services for delivery of electricity to you will be monitored and maintained in line with good industry practice prevailing in New Zealand. The Lines Company is responsible for maintaining the Lines Services to your property.
We may be prevented from meeting our performance commitments due to any act, event, omission or accident beyond our control including, without limitation, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, earthquake, lightening, storm, significant Grid, generator or Network failure, your acts or omissions or any defect of abnormal conditions in or about the Premises. In these circumstances, we will meet the performance commitments as soon as reasonably practicable.

4.11 Point of Connection

In most instances, your point of connection is located on the meter pole. It is important that you do not tamper with or attempt to resolve any issues, for your own and neighboring safety. Please contact us as soon as possible.

4.12 Liability of Pulse Energy

Subject to the maximum amounts set out below, any liability we have to you, in contract or tort, is limited to physical damage to property, where it can be shown that we have been negligent and the amount and nature of the damage was reasonably foreseeable.

We will not, in any event, be liable to you or anyone else for any indirect or consequential losses, or loss of profits or other similar losses, or arising from a circumstance beyond our control (a ‘force majeure event’ – see the definition of this below).

If we are liable to you, the maximum amount we will be required to pay to you for damage to your property for any event or related series of events is $10,000. We may choose to repair or replace any damaged property up to the same maximum amount, instead of paying cash.

Without limiting the above, we or the Distributor will not be responsible for:

any damage caused to sensitive appliances, including loss of electronic data, arising from momentary surges, spikes and other fluctuations or interruptions in the voltage or frequency of the electricity supply, or
any loss or damage caused by you failing to switch off any appliances at your property prior to reconnection.

If you wish to seek compensation for loss or damage caused by us or any third party, you will need to write to us within 21 days of the event occurring. If you haven’t written to us within 21 days to advise us of a possible claim, we will not cover any loss of, or damage to, your property. We will review your claim as soon as practicable and will write to you notifying you of the outcome of that review. If we determine that you are entitled to compensation, we will explain how the compensation amount was determined and the person who is liable to you for it.
The limitations of liability set out in this section or elsewhere in this contract extend to our employees, agents, sub-contractors and the Distributor for the purposes of the Contracts (Privacy) Act 1982. The other provisions in this agreement that refer to the Distributor are intended to be for the benefit of, and are enforceable by, the Distributor under the Contracts (Privacy) Act 1982.

As a residential customer, nothing in this contract excludes any rights or remedies you have under the Consumer Guarantees Act 1993 unless you are purchasing energy from us for the purposes of a business.

If you believe that the Distributor has caused you loss or damage, you may wish to advise us. We may, at our sole discretion, seek to try to recover from the Distributor the amount of any loss or damage you claim to have suffered. If we recover anything from the Distributor we will pass through to you the amount so recovered (less our reasonable costs of recovering such amount) that is applicable to you. If the amount we recover from the Distributor relates to more than one customer, we will distribute the amount recovered (less our reasonable costs of recovering such amount) in proportion to each customer’s identified loss. Other than passing on such amount, we will have no liability to you in respect of any acts or omissions by the Distributor.

Except as expressly set out in this contract, our liability and the liability of the Distributor, including any liability in tort (including negligence), contract, breach of statutory duty, equity or otherwise is excluded to the maximum extent permitted by law.

4.13 Force majeure events

A force majeure event includes, but is not limited to:

acts of God, war (whether declared or not), terrorism, riots, civil insurrection, epidemic
strikes and any other industrial action
storms, lightning, flood, earthquake, fire, landslide, accumulation of snow or ice, acts of animals
motor vehicle or other accident
faults in the network or acts or omissions by the Distributor
malicious damage
surges, spikes, other fluctuations or interruptions in the conveyance of energy into the network
the partial or entire failure of supply or availability of energy into the network
extreme energy shortages, extreme pricing events or threats to our ability to supply energy
compliance with any law or government order, rule, regulation or direction
your acts or omissions or any defect or abnormal conditions in or about your Premises, or
Other similar circumstances beyond our control.

Following a force majeure event, we will try to restore services to you as soon as reasonably practicable.

5. Our prices & fees

5.1 Our prices

If you have entered a Supply Agreement with us, the pricing is stated on that agreement. Otherwise, the energy prices that we charge you will depend upon what pricing plan you are on with us. What plan you are on will be stated on each invoice that we send to you. The current pricing applying to our plans can be viewed here.
In addition, we may charge certain other fees based on certain events occurring. Our current schedule of fees can be viewed here.
We offer a range of price plans and can help you choose the price plan most appropriate for you. We will advise you of any such additional costs when you choose the price plan. If you become a Pulse Energy customer, but do not choose a price plan, we will put you on a price plan that we consider most likely meets your needs. You may elect to change your pricing plan at any time by contacting us.
Pulse Energy may be able to provide a low user charge on request, but this is dependent on the Distributor tariff. Our contact details are available at the top of this page.

5.2 Our Fees

The fees you will be charged by us will be set out on our website. Our fees may change at any time (irrespective of whether you are on a minimum contract term with us) in the following manner.
We may decrease our prices at any time if we can, without the need to give you any notice at all.
We may only increase the price of electricity supplied to you, such as variable electricity prices and/or daily fixed charge prices (but excluding fees for other services provided under this contract) after giving you at least 30 days' notice, unless we have expressly agreed to give you more notice under an alternative pricing plan.
Such notice will be communicated to you in the same manner that our invoices are communicated to you and we will explain the reasons for the increase when we give you that notice. We may increase or decrease our other fees and charges (including any applicable third party charges) by posting such changes on this website.
Please note that in most instances, fees increases are unavoidable. If you are concerned about your ability to pay any fee increases, it is recommended that you contact us promptly as we may be able to provide you with alternative options to deal with fee increases.

6. Invoices & payment

6.1 Our invoices We will send you an invoice for your electricity use at least every month unless the price plan you choose provides otherwise.

We will charge you according to your price plan together with any relevant fees incurred under our schedule of fees.
If your price plan includes fixed charges, we will itemise these separately.
Our invoice may include charges for goods or services you have asked us to provide other than Electricity and Lines services. We will show any of these additional items separately.
Currently, our invoice will separately show both the charges for the electrical energy supplied to you and the Distributor's charge for distribution of that electrical energy.

6.2 Estimated accounts

Our charges will be based either on an actual meter reading or an estimate of the electricity you use. Your bill will indicate whether it is based on an actual or estimated meter reading. If your bill is based on an estimate reading, you may subject to the terms set out below, read your own meter and advise us of your meter reading.

If your bill is based on an estimate reading, we calculate the estimate based on your average consumption patterns.

We will not take any action we are entitled to take under these terms and conditions if you refuse to pay an invoice or any part of an invoice which is based on an estimate of the electricity you use. However, if in our opinion you have provided an agreeable remedy to correct the estimation made we will not take any such action. An agreeable remedy includes but is not limited to, a meter reading provided to us by you within 48 hours of the original scheduled read date. If this timeframe has lapsed, your estimated invoice is valid and therefore payable and can lead to disconnection.

We may at our discretion, accept or decline the meter reading we receive from you. We may reject the meter reading you give us if it is not consistent with our records. If we accept the meter reading you give us, we will send you a new bill based on this meter reading, and you agree to pay the amount shown on that new bill.

If a meter reading provided by you is different to your last meter read, we may require you to send in a photo or organise a special read. You can provide us with your own meter reading by calling us. If we do not accept your reading, we may carry out a special meter reading within five business days. If your reading was accurate, we will not charge you for the cost of the special reading, but if your reading was inaccurate, we may charge you for the cost of the special reading. After a period of no actual readings, we may increase our estimated rates.

If you are changing energy retailer, we may base our final bill on an estimate of the amount of energy supplied by us and provide this estimated reading to the new retailer as a starting point for their billing.

6.3 Delivery of invoice

We can send our invoice to you by post or by an email notifying you that it is available online. You will be deemed to have received our invoice 3 days after we post it or the day after we email a notification to you.

6.4 Customer to pay invoice

You must pay our invoices in full by the due date on the invoice. You may not offset any amounts you may owe to us under this contract against an amount that we may owe to you.
If you think our invoice has an error, please contact us so we can clarify any issues.
If you dispute part (or all) of any invoice, you must still pay the undisputed amounts.

6.5 Bonds as security for payment

We may require you to pay a bond as security for payment. We may use the bond to cover any amount overdue or otherwise owed to us by you. As a condition of our continued supply to you, we may require you to top-up your bond to its previous amount before any deduction was made. The bond will be payable to us at the commencement of this contract or otherwise giving you a written request to pay a bond on your first invoice.

6.6 Bonds held separately

We will hold the bond on trust in a separate account to our trading accounts until it is refunded to you or until it is used to pay any amount overdue or otherwise owing as provided for in these Terms and Conditions.
We will refund the bond to you by either crediting your electricity account or sending you a cheque. This will occur:

At your request provided that your bills have been paid in full and by the due date for a continuous 12 month period; or
When we stop supplying electricity to you and all your outstanding bills have been paid in full.

No interest will be payable to you on the bond.
The bond amount required will not exceed $150 for residential properties. Businesses have a $300 bond.

6.7 Important advice

You should choose a payment option that enables you to pay our invoice on time, avoiding unnecessary fees and taking advantage of available discounts.
If you have a debt owing to us from a previous Account, we may transfer this debt to a current Account that you hold with us. The amount owing must be paid in accordance with the terms of the previous Account, unless we agree otherwise, but a default in payment may be treated by us as a default under this contract.
If you fail to pay our invoice, your electricity supply may be disconnected.
If you are having difficulty paying our invoice, please contact us. We have policies in place that may help you manage your payments. Subject to the following terms, payments are due within 18 calendar days of an invoice being sent to you.

6.8 Payment options

We prefer customers to pay bills by direct debit authority. We currently do not offer smooth pay but if customers choose to pay by any of the following alternative methods an additional administrative cost may be charged.

By internet transfer from your bank account.
By telephone transfer from your bank account.
By sending us a cheque.
By credit card (only accept visa and mastercard). Please note there is a surcharge fort this (1.05% for visa and 1.30% mastercard).
By automatic payment that is setup with your bank.

If your payment is dishonoured, we may charge you a dishonour fee and require that you pay a bond, if you have not already been required to do so.

6.9 Invoice errors and late invoices

If our invoice, is incorrect and we under-charged you in error, you are liable for the amount that should have been charged unless we under-charged you in error for more than 2 months, and we could reasonably have been expected to be aware of the error. In that case, we will only recover the amount that should have been recovered for the most recent 2 months we have under-charged you and following that we will only recover the amount that we actually charged, unless you contributed to the error, or could have reasonably been expected to have known about the error.
If we send you an invoice that is more than 2 months after the end of the period for which the bill has been issued, you will have at least the length of time covered by the invoice to pay it in regular installments or as otherwise agreed. If an invoice is more than 3 months late, we will negotiate an appropriate discount with you, as long as you pay our other invoices on time. However, the provisions in this paragraph will not apply to the extent you caused, or contributed to, the late invoicing.
No interest is payable to you on any amounts overpaid or underpaid in relation to incorrect or late invoices. Except in the case of an invoice based on an estimated reading, if we make an error and charge you an incorrect amount, you are only liable to us for the correct amount.

6.10 Refunds

If your electricity account is in credit, you need to contact us in writing and provide the following details to process your refund:
consumer number
name
bank account details
confirmed acceptance of the refund fee (if applicable)
You can fax or email through these details and the refund will be processed within 3-5 working days. There is a standard $15 refund fee incurred for current customers. If your account is finalled there is no refund fee. In the event of an error or where we could not have reasonably known about the error, we will organise a refund within 24 hours.

7. Access to your premises

7.1 Need for access

We or the Distributor (or our respective agents and subcontractors) may need access to your Premises to:
Turn the electricity supply on or off.
Inspect, test, install, operate, maintain, replace, or remove any equipment related to your electricity supply.
Read your meters.
Find the cause of any interference with the quality of supply to your Premises or the surrounding area.
Prevent harm to people or Premises from equipment that we or the Distributor are responsible for.
Clear trees, vegetation or other obstacles from Lines and related equipment if the tree owner fails to do so.
Maintain and protect the operation of the Network.
Comply with any legal obligations for which access is required.
Ensure compliance with the relevant Network distribution code.
Remove equipment related to your electricity supply following the termination of this contract.

7.2 Your obligations

When access to your Premises is required, you must provide us and the Distributor (or our respective agents and subcontractors) with access:
That is safe and unobstructed, particularly from any dogs or other animals at your Premises.
Any time between 8am and 7pm Monday Friday, excluding Public Holidays (unless another time is agreed).
Immediately for scheduled meter reading, or routine meter maintenance of which you have been given at least 5 Working Days notice.
Situations where immediate access may be required include:
To restore electricity supply in your neighbourhood in the event of an unplanned outage.
To prevent harm to people or Premises from equipment that we or the Distributor are responsible for.
To protect the Network.
To deal with any other emergency situations involving the electricity supply.
When accessing your property, we and our agents/third party are trained to take the necessary steps to minimize direct impact to your property, and any inconvenience to you.
You should refuse access to anyone who refuses to show appropriate identification and inform us immediately.
If any equipment relating to your electricity supply is located behind a locked door or gate, you will need to arrange for us or the Distributor (or our respective agents and subcontractors) to gain access. If we require a key or other means of access to your Premises, it will be held with the meter reading company, transferred by us, returned to an alternative postal address for security purposes, or disposed of by us in a responsible manner. For security purposes, access to this information can only be obtained by contacting us.

7.3 Our remedies if no access

If you refuse to provide or you obstruct access as required by us or the Distributor (or our respective agents and subcontractors) we may charge you fees for any costs incurred to gain access to your Premises for any of the above situations.
If we or the Distributor reasonably believe that there is immediate danger to persons or Premises, we or the Distributor (or our respective agents and subcontractors) may take reasonable steps to gain access without your permission.
You are responsible for informing us about any meter information. This includes the location, upgrade or repair, removal, damage, broken seal on meter box or main switch board, tampering, fault, no meter display or any other matters directly relating to your meter(s). We need to be informed as soon as possible to ensure we can act and attend to any issues regarding your meter(s) in a timely manner. Without any notification or prior warning, we are unable to attend to a request and this can lead to extra fees being incurred, estimated invoices, fines or continual meter problems. This applies to whether you have just moved into a new house or at your current premises.

8. Meters/Meter Readings

(a.) Location and protection of Meters
You are responsible for maintaining the meter box and board on which the meters or related equipment are located together with any fuse board, main switch, internal wiring and the wires that connect your Premises to the Network.

8.1 Meter reading

Provided we are given access to your property where required, we plan to read your meter(s) on a monthly basis. We must read your meter once every six months. In rural and remote areas, or sites with infrequent energy consumption, your meter(s) may be read less frequently. We will write to you and let you know if we plan to change your meter reading frequency. We may read your meter outside of business hours and on days other than business days. We or the relevant third party will write or in some cases contact you, to advise of when and why we require immediate access to your meter, regardless of whether it is located inside or outside. There may be instances when your meter(s) may require routine maintenance for the purpose of construction, upgrade, inspection, repairing or the operating of any equipment used in or in connection with generation, conversion, transformation or conveyance of electricity. This may be carried out by us or a contracted third-party. We will write to notify you of our intent to maintain, upgrade, inspect, or repair any equipment within five working days.
If you are a new customer, we may use the previous final meter reading at the property as your initial meter reading, unless you read the meter and advise us of that meter reading within one business day before using any energy. If your meter reading differs from the previous final meter reading at the property, we may arrange for the meter to be read and use this to calculate a new start reading. Proof of a tenancy agreement maybe required.
You can provide us with your own meter reading by calling us. If we do not accept your reading, we may carry out a special meter reading within five business days. If your reading was accurate, we will not charge you for the cost of the special reading, but if your reading was inaccurate, we may charge you for the cost of the special reading.
You may provide a meter reading when you move to new Premises or this contract is terminated. We require a final meter reading of your Premises on the day or before you move to new Premises or before termination of this contract. You must give us 3 Working Days' notice of the date on which the final meter reading will be carried out.

8.2 Meter tests

We will arrange to have tested any metering equipment on your property that we or you think is faulty. If the testing reveals the metering equipment is not operating within accepted industry standards, and the fault was not caused or contributed to by you, we will:
replace or repair it
meet the cost of the testing, and
refund, or debit or credit your energy account with the value of our assessment of the error in the previous charges from us if the metering equipment has been found to be measuring inaccurately.
If you request a meter test, we may charge you for the cost of the meter testing if the metering equipment is found to be measuring the supply of energy within accepted industry standards. We will tell you the cost before undertaking the test.

8.3 Tampering with your meter

Tampering with a meter is dangerous and is a criminal offence. You must take all reasonable steps to ensure no-one tampers or interferes with your metering equipment, and you must tell us immediately if you become aware there may be a problem with your metering equipment, for example, if your bill is unusually low or the meter has stopped.
You must pay for the electricity that we estimate you would have used while your metering equipment was not reading correctly if:
your metering equipment is tampered or interfered with or bypassed
you take advantage of metering equipment that is inaccurate or not operating correctly, or
you cause, or allow someone else to cause, any other loss or damage to us, the network operator or meter owner.
We may also require you to pay:
for any costs or losses we incur in investigating the interference
for any costs we incur in replacing or repairing any damage to the metering equipment, or
a bond (or increased bond)
cease, restrict, limit or suspend the supply of electricity to you, and/or
take legal action against you.
You need to advise us immediately if you’ve moved into a property where you suspect the metering equipment has been tampered with, or meter seals have been broken. Please tell us straight away if you move into a new property and suspect the meter has been tampered with.

8.4 Meter Faults

If we believe the meter is faulty or you have advised us accordingly, such as not registering any reads or showing anomalies, we will organise a special read or meter inspection with your permission, and advise you of the fees. A contractor will come out to your premises within five working days. If there is no meter fault found, you are liable for the fees. If there is a fault found with the meter, no fees will be charged to you.

9. Moving Premises

If you move premises you need to contact us prior to your move out date. If you would like to continue being a Pulse Energy customer, we may require you to re-apply to join us.

10. Termination This contract may be terminated:

By you providing us with a minimum of 2 days notice.
By you switching to another Retailer.
Immediately by you becoming a business customer rather than a domestic customer.
If either of us breach this contract in a material way.
On or before termination:
A final Meter reading is required.
You must contract with another Retailer or you may be disconnected.
If you do not contract with another Retailer, you must stop using electricity and any of our other services.
You must pay in full any amounts you owe us.
When you switch to another energy retailer, we will facilitate the switch for you. It is your responsibility to ensure you contact us so that we can provide a final reading and a forwarding address. Please note that if there is any amount owing on your account during the switch which can take 10 working days to complete, and you were at disconnection stage, we reserve the right to proceed with disconnection action unless it has been temporarily deferred.

10.1 Your responsibilities continue

Your responsibilities under this contract that are intended to apply after this contract has been terminated will continue until their purpose is served. Some examples include your obligation to pay all amounts you owe us and provide access for us or the Distributor to remove equipment related to the supply of electricity.

10.2 Our responsibilities continue

Our responsibilities under this contract that are expressly intended to apply after this contract has been terminated will continue until their purpose is served. Some examples include our obligation:
To pay all amounts we owe you. For example, we may be required to repay your Bond as long as there are no outstanding charges.
To return your keys.

11. Our supply of electricity to you

(a.) Technical interruptions

Your supply may be interrupted by us or the Distributor:

To maintain, replace, or install equipment owned by us or the Distributor, or related to the Network.
To upgrade the quality of supply to your Premises or surrounding area and to connect new customers and subdivisions which depend on the same Network assets as your Point of Connection.
To protect persons or Premises.
For any other health and safety reasons.
To comply with proper instructions from the Distributor (where we interrupt your supply), Transpower, the Electricity Commission, or any regulatory authority.
To maintain the safety and security of the Network:
To maintain a safe environment.
To prevent unexpected short term overloading of the Network.
To prevent voltage levels rising or falling outside statutory requirements.
To preserve the security of the Network or avoid or mitigate damage to the equipment of any person connected to the Network.
Where we or the Distributor are called upon by a relevant authority through a regionally or nationally coordinated process to ration electricity in response to an anticipated shortage of electricity.
If an act, event, omission or accident beyond our control causes such interruption. Examples of such an act, event, omission or accident include an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, earthquake, lightning, storm, significant Grid, generator or Network failure, your acts or omissions or any defect or abnormal conditions in or about the Premises.

Before we or the Distributor interrupt your supply for any of these reasons we or your Distributor will give you at least 4 Days' notice of the time and expected duration of the outage. In the case of any interruption, we will notify you as soon as reasonably practicable of the time and expected duration of the interruption.

(b.) Disconnections for non-payment

You may be disconnected if you do not pay in full by the due date any amounts you owe us in relation to this contract. This applies to any of our invoices. Our right to disconnect you is limited as follows:

If you have not paid part or our entire invoice because, in good faith, you dispute it, and you have told us why you dispute it, we will not disconnect you or commence credit recovery action before the dispute resolution process has been completed unless we reasonably consider that your dispute is frivolous or vexatious.
If you have not paid the undisputed part of our invoice (if any), then we may disconnect you in relation to this unpaid amount and if you are disconnected for non-payment, you must still pay:
- Any amounts you owe us including reasonable costs incurred in recovering your debt to us.
- Any charges for services (such as the fixed Line charges) that continue to accrue after your electricity supply is disconnected.
- Early termination charges if the minimum term of your contract with us has not expired.

Vulnerable customers will have a customised agreement with us in regard to disconnection which will apply in precedence to the above terms.

If you have not paid the amount of an invoice in full by the due date we may, at our discretion agree to establish a payment arrangement with you under which you will make regular payment instalments towards your arrears over an agreed period of time. Any such payment arrangement is set up on the basis that all future invoices must be paid by you by the due date. If you have a payment arrangement with us and you subsequently do not pay an invoice by the due date, the payment arrangement will automatically terminate and you must arrange full payment to us for any remaining arrears.

(c.) Disconnection for other reasons

You may be disconnected by Pulse Energy or the Distributor in the following circumstances:

Theft: There is reasonable evidence of electricity theft.
Wilful Damage: There is reasonable evidence of wilful interference or damage by you to any equipment relating to the supply of electricity to your Premises.
Generation: You generate electricity at your Premises and send it into the Network without consent from Pulse Energy and the Distributor.
Use of Lines: You send signals or other communications through the Network.
No access: After notification of disconnection for no access, you prevent us or the Distributor from coming onto your Premises for legitimate reasons.
Interference: You use electricity at your Premises in a way that interferes with the quality of the electricity supplied to others or interferes with the Network and you do not stop the interference as soon as you become aware of it.
Emergency access: If you deny immediate access to your Premises for us or the Distributor.
Vacancy: No active contracts exist on that address.
Safety reasons: Disconnection is required for safety reasons including where trees, vegetation or other obstacles are close to or touching Lines or related equipment so as to create an immediate danger.

(d.) Disconnection for material or persistent breach

We may disconnect you if you have committed a material or persistent breach. We will only disconnect supply or terminate where the material or persistent breach is clearly established and not the subject of a dispute resolution proceeding. Prior to disconnection or termination, where the breach is one that can be remedied, we will give you at least 10 working days notice to remedy the material or persistent breach.

(e.) Notices of disconnection

Except in the case of agreed or emergency disconnections, we will provide for:

At least 7 Days' notice of warning of disconnection before any disconnection occurs.
A further 3 Days' for the delivery of the notice.
A final warning no less than 24 hours or more than 7 days before the disconnection occurs. The final warning will provide the timeframe for disconnection. This will be a separate notice to the one provided at least 7 days prior to disconnection and can be provided via telephone, courier, post, text message or email.
If disconnection is not prevented by you and not completed within the timeframes notified, we will issue another final warning no less than 24 hours or more than 7 Days before disconnection.

We will take all reasonable steps to ensure that you actually receive a final warning for disconnection. Any warning or notice of disconnection will include information about:

The reasons for the disconnection.
Our dispute resolution processes.
Details of how you can avoid disconnection, including where applicable, where and how you can pay the amount owing.
The fee for reconnecting you including explicit information about the additional charges, e.g. any disconnection fee over and above the payment of unpaid invoices.
Our policies that may help you manage your payments if you are having difficulty paying our invoices.

(f.) Disconnection charges

Our charges relating to disconnections and reconnections are set out in our fee schedule which can be viewed [here].
You will be charged a fee in relation to any temporary disconnection and/or reconnection that you request.

(g.) Reconnection

Before we reconnect you, we may require you to:

Pay all amounts you owe us, including any fees (as set out in our fee schedule). which may include a disconnection and reconnection fee
Pay any collection costs we incurred in obtaining payment of the amounts you owed us.
Agree on a satisfactory method for paying future charges.
Provide a Bond (provide proof of tenancy start date).

Once you have satisfied the requirements for reconnection we will restore your electricity supply as soon as reasonably practicable.

12. Vulnerable /Medically dependant consumers

Your well-being is important to Pulse Energy. Please advise us as soon as possible if disconnection presents a clear threat to the health or well-being of you or a member of your household. We will aim to meet the requirements of the ‘Guidelines on arrangements to assist low income and vulnerable consumers’.

13. Notices:

A notice from us to you may be：

Delivered to the address to which you asked us to send notices.
Posted to your last known postal address.
Emailed to your last known email address, if you have agreed to have notices delivered in this manner.
Faxed to your last known fax number, if you have agreed to have notices delivered in this manner.
Texted by us or a contracted third party.
Phone call

To ensure you receive the notices we send please update us with your contact details should they change.

14. Complaints Making a complaint

Pulse Energy is committed to giving you the best possible service. If something is not right, please call us on 0508 Pulse Energy (0508 587 836). We will do our best to put it right as quickly as possible.
Our Customer Service Team is trained in dealing with complaints. You will be treated courteously and with respect. If you remain dissatisfied, please contact our resolutions team by phone, fax or email.
Our staff will acknowledge your complaint within 2 Working Days (excluding time for delivery) and inform you of the steps to be taken to reach a resolution. In some cases, we may ask you to put your complaint in writing to help us resolve your complaint more effectively.
Our complaints resolution process is free and we are committed to delivering fair and effective outcomes in good faith.
We aim to meet the standards required by the Electricity and Gas Complaints Commissioner Scheme, the free and independent dispute resolution service, of which we are a member.
You may refer your dispute to the Electricity and Gas Complaints Commissioner (whose contact details are below), if:

You are unhappy with the way we propose to resolve your dispute.
Your dispute is not resolved within 20 Working Days of us receiving it and we have not written to you explaining why we need further time.
Your dispute is not resolved within 40 Working Days of receiving it.

Electricity and gas Complaints Commission

Freepost 192682

Lambton Quay

Wellington 6145

Freephone: 0800 22 33 40

Email: info@egcomplaints.co.nz

Website: www.egcomplaints.co.nz

15. Danger

The Lines that supply electricity to your Premises and the Grid are live. If you touch them or the bare conductors that connect them to the house, you may be seriously injured or killed. Before you do any work near Lines, arrange with your Distributor to identify any problems or disconnect the supply. You should contact Transpower before doing any work near the Grid.
For your own safety, we suggest that you contact a professional tree trimmer before attempting to remove tree branches and vegetation from or near Lines and related equipment.
For more information on electrical safety matters, contact the Energy Safety Service www.ess.govt.nz or www.ea.govt.nz

15.1 Increased use

The equipment used to supply electricity to you has a limited capacity. You must inform us if you expect to substantially increase the amount of electricity you use (e.g. if you plan to install a spa pool or other equipment which uses a significant amount of electricity).

15.2 Protection against surges or spikes

Surges or spikes are momentary fluctuations in voltage or frequency and are not treated as interruptions. We strongly recommend that you install Surge Protection Devices for sensitive equipment like computers, microwaves, video recorders, televisions and other electronic devices. Contact your electrician or manufacturer for information about how to guard against surges, spikes and other fluctuations.
We also recommend that you consider taking out insurance against surges, spikes and other fluctuations or interruptions in electricity supply.

15.3 Connections, disconnections and reconnections

Only a qualified person may connect, disconnect, or reconnect your premises to the Network.
If you are making a new connection or asking for a reconnection after 6 months or more of being disconnected, you need to obtain the appropriate certification from a licensed electrical inspector or other approved service providers. You must pay any costs associated with certification. Please contact us if you would like any advice.
If you would like your Premises to be permanently disconnected, you must give us at least 4 Working Days' notice prior to the date on which you wish to be disconnected and allow us access to your Premises.
If you would like your Premises to be temporarily disconnected (for example to allow you to carry out building work or maintenance to the Premises), you must give us at least 2 Working Days' notice of the date on which you wish to be disconnected and reconnected and pay any costs associated with the temporary disconnection and reconnection.

15.4 Safety

Please contact us or the Distributor if you become aware that any equipment relating to your electricity supply is defective, damaged or causing a hazard. If you do not know how to contact your Distributor, please ask us.
Please contact us within 5 working days before you demolish or remove any buildings on your Premises, so we can permanently disconnect the power supply from those buildings. Our contact details are set at the top of this document.

16. Your other responsibilities

Your responsibility for maintenance covers all of the equipment between your Premises and your connection to the Network. If you are uncertain where your Point of Connection to the Network is, please contact us.

16.1 Not to interfere with Network

You must not send signals or other communications through the Network.
If you wish to generate electricity at your Premises and it is possible to send it into the Network, you must obtain Pulse Energy and your Distributor’s prior consent. A separate agreement will set out the circumstances in which you may be able to obtain payment or a credit for electricity you send into the Network. This facility is not currently available but may be in the future.
You must ensure that the way you use electricity at your Premises does not interfere with the quality of the electricity supplied to others or interfere with the Network. If it does, you must stop the interference as soon as you become aware of it. You will also be deemed to be in breach of this contract if you have become aware of the interference and did not stop it. In particular:

You must comply with the Distributor’s Network connection standard terms and conditions. You can obtain a copy of these from your Distributor. Your Distributor’s name and contact details are set out in your Contract Summary or Supply Agreement.
You must ensure that your Premises comply with all statutory and regulatory requirements.

16.2 Keep Lines clear

We may disconnect supply for safety reasons if trees, vegetation or other obstacles at your Premises are not kept clear of Lines and related equipment. Your obligations in relation to keeping Lines clear are:

To comply with the Electricity (Hazards from Trees) Regulations 2003 in respect of any trees that you own that are near Lines that form part of the Network or near the Grid. For more information on the Electricity (Hazards from Trees) Regulations 2003, please contact your Distributor.
To ensure that any trees or vegetation are kept clear of your own Customer Service Lines so as not to create an unsafe situation.
To comply with regulations 30 and 93 of the Electricity Regulations 1997 in relation to any work near Lines or other electrical equipment or near the Grid. These regulations include a requirement that you comply with the New Zealand Code of Practice for Electrical Safe Distances (NZECP 34:2001).

17. Liability and compensation Consumer Guarantees Act 1993

The Consumer Guarantees Act 1993 (CGA) will apply only if you buy electricity or electricity supply services for personal, domestic or household use. Accordingly it will not apply if you are buying electricity or electricity supply services for use in trade or a manufacturing or production process. The CGA applies to both electricity Retailers and Distributors.
The CGA gives you the benefit of various guarantees, including:

That our electricity is of acceptable quality, and is fit for the purposes for which you buy it.
That we will provide our services to you with reasonable care and skill.

If we breach any of these guarantees, your rights of redress are set out in the CGA.

18. Definitions

Account means your customer account with us for the provision of electricity or electricity supply services in respect of your Premises.
Appliance means any appliance that uses or is designed or intended to use electricity whether or not it also uses or is designed or intended to use any other form of energy.
Authorised Tradesperson means any person who is authorised under the Electricity Act 1992 to do prescribed electrical work.
B
Bond means a sum of money we collect from you and hold as security against non-payment by you of our invoices.
C
Code means the Electricity Consumer Code of Practice which comprises Schedule C of the constitution for the Electricity and Gas Complaints Commissioner Scheme.
Contract Summary means the summary of contractual terms sent to you by Pulse Energy as described in these terms and conditions and includes your completed application form to join Pulse Energy.
Customer Service Lines means those lines that convey electricity between your Point of Connection and your Premises.
D
Distributor means a person who supplies Line Services to any other person or persons (and includes the Distributor’s representatives or contractors).
E
Electricity Commission means the body continued under subpart 1 of Part 15 of the Electricity Act 1992.
Electricity and Gas Complaints Commissioner Scheme means the Scheme set up under the Office of the Electricity and Gas Complaints Commissioner to provide a free and independent dispute resolution service for complainants that is binding on its members.
Electricity Governance Regulations and Rules means the Electricity Governance Regulations 2003, and any other regulations made pursuant to subpart 2 of part 14 of the Electricity Act 1992, and the rules called the Electricity Governance Rules made by the Minister of Energy under section 172H of the Electricity Act 1992 by notice published in the Gazette, as may be amended from time to time.

F
Fixed Price Guarantee means any fixed price guarantee detailed in your Contract Summary and is subject to the provisions set out in clause 1.6 of these terms and conditions.
G
Grid means the assets used or owned by Transpower for the purpose of conveying electricity.
L
Lines means works that are used or intended to be used for the conveyance of electricity and includes Customer Service Lines.
Lines Services means:
a. the provision and maintenance of works for the conveyance of electricity; and
b. the operation of such works, including the control of voltage.
M
Meter means a meter that measures the electricity used and includes all associated wiring and equipment.
Meter Data Logger means a device that reads meters every half hour and facilitates a number of value added services.N
Network means Lines (other than Customer Service Lines), equipment and plant that is used to convey electricity between the Grid and your Point of Connection.
O
Office of the Electricity and Gas Complaints Commissioner means the body that provides an independent overview of the Electricity and Gas Complaints Commissioner Scheme.
P
Periodic means the contract is recurring and has no end date.
Point of Connection means a point where electricity may flow to or from your Premises.
Premises means the site to which electricity is supplied or is to be supplied to a consumer.
Public Holidays means Christmas Day, Boxing Day, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, the Sovereign’s birthday and Labour Day.
Pulse Energy means Pulse Utilities New Zealand Limited trading as Pulse Energy.
Q
Qualified means legally qualified and also authorised by the Distributor.
R
Retailer means a person who supplies electricity to another person for any purpose other than for resupply by the other person (and includes us or another retailer and any representatives or contractors of a retailer).
S
Supply Agreement means any specific written agreement entered between you and Pulse Energy that is signed by both you and Pulse Energy and relates to the supply of energy to you by Pulse Energy and is not a Contract Summary. This includes a Fixed Energy Price Agreement.
Surge Protection Device means a device designed to protect electrical equipment from voltage surges.
T
Transpower means Transpower New Zealand Limited or any subsidiary of or successor to that company.
W
We, us, our means Pulse Utilities New Zealand Limited trading as Pulse Energy (and includes our representatives or contractors).
Working Day means any day of the week other than Saturday, Sunday, and Public Holidays.
Y
You, your means you; a person who is supplied or who applies to be supplied with electricity by Pulse Energy and, if more than one person is supplied with electricity by Pulse Energy, means those people.