Who is Pulse Energy
Contract between us
Contract Summary Customers
Supply Agreement Customers
Effect of Contract Being Formed
Minimum Term Applicable
Moving Premises
Switching to us
More than one person on the same account
Alternative Contact
Your information and confidentiality
Our performance commitments
Our prices & fees
Invoices & payment
Smart Meter
Access to your premises
Your other responsibilities
Danger
Our supply of electricity to you
Notices
Termination
Distributor
Complaints
About this contract
Liability of Pulse Energy
Force majeure events
Definitions
Free Smart Meter Installation
Pulse Energy is the 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 power bills.
We will replace the existing electricity meter and install a Pulse Energy Smart Meter. This is patented technology that measures how much energy is consumed and at what time of day - enabling our customers to see when they use the most electricity and benefit from off peak rates.
We believe in people. As we grow, we will strengthen our ties with local communities around New Zealand.
Pulse Utilities New Zealand Limited trading as Pulse Energy
201 Hobson Street, Auckland Central
PO Box 10044, Dominion Road, Auckland 1446, New Zealand
Phone: +64 9 378 9981 or 0800 PULSE ENERGY (0800 785 733) Fax: +64 9 378 4405
You can apply to become a Pulse Energy customer by:
- Calling us on 0800 PULSE ENERGY (0800 785 733). It will help if you have a copy of a previous electricity invoice when you call; or
- Completing a customer application form and sending it to us at the above address. We will respond within 4 Working Days of receipt of your application; or
- Completing the customer application form online by clicking here
When you apply to become a Pulse Energy customer, there is the opportunity for you to notify us that you consider you are a Vulnerable Customer or a Medically Dependent Vulnerable Customer.
Before accepting you as a customer, we need to check that you meet our acceptance criteria and we may run a credit check. If you are a business customer and wish to look at a fixed price arrangement, a Supply Agreement with us may be a better option for you. Please call us on 0800 PULSE ENERGY (0800 785 733) if you wish to discuss this.
If your application is accepted, we will then post a welcome pack to you which will include a Contract Summary which will give details of the following:
- Our prices and fees for services (including any disconnection or reconnection charges) and the period for which these will remain valid.
- 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.
Please note that the Contract Summary contains only some terms of this contract. Accordingly you should familarise yourself with all of the terms and conditions set out herein. The following terms and conditions prevail over the Contract Summary provided to you if there is any inconsistency. You will need to confirm your Contract Summary with us before this contract between us is formed. You can do this by:
- Calling, emailing or faxing us to confirm your details as recorded in the Contract Summary and that you wish to proceed with joining us; or
- 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.
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.
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 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.
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 and all Pulse Energy Smart Meter Equipment is deemed to be covered by this contract. We will also at this point lodge a switch request for your premises and make arrangements for Pulse Energy Smart Meter Equipment to be installed at your premises
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.
Where Pulse Energy agrees to fund a basic Smart Meter installation at the Premises, this is done on the basis that you will remain a Pulse Energy customer for a specified minimum term. The duration of such term will be set out in your Contract Summary or Supply Agreement.
There will usually be a minimum term applicable of six (6) months. The minimum term commences from the date that Pulse Smart Meter Equipment is installed at your premises. Accordingly, the minimum term only takes effect when Pulse actually incurs the costs of installation.
By entering this contract with us you agree that should you terminate this contract during your specified minimum term, you will pay to us an early termination fee of $30 plus GST for each remaining month or part month of the outstanding specified minimum term together with an administration fee of $85 plus GST.
Our prices may change during your minimum term in accordance with the provisions of this contract.
If you move Premises you need to give us 2 weeks' notice so that we can send you a final bill for those Premises. If you would like to continue being a Pulse Energy customer, we need you to tell us and give us the address of your new Premises. We may require you to re-apply to join us. We will take a final Meter reading from your previous Premises and install a smart meter at your new Premises.
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 the transfer of any key and/or other security information, for your Premises from your existing retailer. The switch may occur within a few days but will occur within a maximum of 6 weeks. The actual date on which the switch occurs will be determined by Pulse Energy and notified to you.
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.
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.
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. Our contact details are set out at the top of this document. 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.
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. If we believe that you are a Vulnerable Customer and, despite our assistance to you, you are unable to make your payments, we may discuss your Account with Work and Income so that they may provide assistance to you. We may record telephone conversations 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.
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.
- ensures that Pulse Energy Smart Meter Equipment will be monitored and maintained in line with good industry practice 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 Pulse Energy Smart Metering Equipment and we will supply you with Pulse Energy Smart Metering Equipment which we will continue to own in accordance with this contract. We have set ourselves the following performance commitments for our customers in supplying these services:
Prompt response
Time to receive a response from us if you:
- Phone: 60 seconds until you are speaking to a customer service representative
- Write: 4 Working Days from receipt
- Email: 4 Working Days from receipt
Invoice queries
Our time to correct any errors in your invoice or Meter readings, once notified to us is within 15 Working Days.
Invoices for actual readings
We will endeavour to send you an invoice based on an actual reading of your Meter every month.
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 with you.
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 if you need a representative outside our normal working hours. 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.
Meter reading
On-going meter reading occurs with Pulse Energy Smart Metering equipment installed.
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.
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 endeavours 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 endeavours 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 endeavours 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 endeavours 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.
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.
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.
Lines services
We will endeavour 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.
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. Some price plans may require additional Meter Data Loggers. You may be charged for the additional Meter Data Loggers you require or other equipment required beyond our standard Pulse Energy Smart Meter Equipment for the price plan you choose. 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 will provide a low user charge on request. Our contact details are available at the top of this page.
Our Fees
The fees you will be charged by us will be set out in your welcome pack which will be sent to you upon joining Pulse. 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 30 days notice or 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 change on this website.
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.
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.
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.
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. Our contact details are set out at the top of this document.
If you dispute part (or all) of any invoice, you must still pay the undisputed amounts.
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 within thirty (30) days of us giving you a written request to pay a bond.
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 by Pulse Energy will not exceed $150.
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 let us know. Our contact details are set out at the top of this page. We have policies in place that may help you manage your payments. Subject to the following terms, payments are due within 21 calendar days of an invoice being sent to you.
Payment options
Pulse prefers customers to pay bills by direct debit authority. 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.
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.
Invoice errors and late invoices
If our invoice, based on smart meter readings is incorrect and we under-charged you in error, including where the Smart Meter reading was correct but the calculation of the price we charged you was incorrect, 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 charged for the first 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.
Payment if Smart Meter is faulty
In the unusual event that Pulse Energy Smart Metering equipment is faulty and may measure more or less electricity than you actually used, we will not be able to tell for sure how much electricity has actually been used and therefore you are only liable for the amount based on the quantity that was measured by the Smart Meter (if the fault was a communication fault rather than a fault with the Meter reading your consumption) or an amount that we determine based on a reasonable estimate of your consumption. This will not apply if you contributed to the fault or could have reasonably been expected to know about the fault. However, in any event, you will still be liable for the fixed daily rate component of your price plan.
Ownership of Meters
Pulse Energy retains, at all times, ownership of all Pulse Energy Smart Meter Equipment that may be installed at your Premises.
Installation of Meters
We will install and maintain Pulse Energy Smart Meter Equipment at your Premises at our cost, under the conditions set out in this contract. In consideration of Pulse Energy incurring this cost, a minimum term may apply to this contract.
If you do not own your Premises, you must get the owner's permission before any Pulse Energy Smart Meter Equipment is installed.
No matter how it is installed, no Pulse Energy Smart Meter Equipment (or any part thereof) is ever a 'fixture'. This means that Pulse Energy Smart Meter Equipment never becomes a part of the Premises. At all times, it remains the property of Pulse Energy and you must not allow any security interest to be created over any Pulse Energy Smart Meter Equipment.
Location and protection of Meters
You must provide a suitable meter-board on which we can install the required Pulse Energy Smart Meter Equipment (including Data loggers or Meters), and which is easy for us to access and has a viewing panel of sufficient size for us to view the Meter registers.
Pulse Energy has a number of installation options; please speak to your Pulse Energy representative about these. If you do not have a pre-agreed installation option with Pulse Energy, then new buildings must have meters installed in an easily accessible location.
You must, at your expense, take all reasonable steps to protect any Pulse Energy Smart Meter Equipment at your Premises against interference or damage.
If you could have prevented interference or damage to Pulse Energy Smart Meter Equipment by exercising reasonable care, we may recover from you any costs we incur in repairing or replacing the Pulse Energy Smart Meter Equipment.
You must ensure that Pulse Energy Smart Meter Equipment is not removed from the Premises or replaced without our consent.
You must notify us as soon as possible if you become aware that the Pulse Energy Smart Meter Equipment is damaged, defective or looks unsafe.
If you require Pulse Energy Smart Meter Equipment to be relocated on your Premises, you must use an Authorised Tradesperson to do this. Please contact us if you need any assistance.
Meter maintenance and accuracy
We are responsible for maintaining Pulse Energy Smart Meter Equipment. This includes ensuring that any meter is accurate within industry standards.
We may repair, test or replace Pulse Energy Smart Meter Equipment at any time and you must provide access for us to do so. We will test the meters within 5 Working Days if you ask us to.
If we test a meter, we will inform you of the results of the test on request. If it is faulty and you had no part in causing the fault, we will replace or repair the meter at our cost.
If the meter is not faulty and you requested the test, we will charge you for our costs in testing the meter provided that we informed you of any extra charge you might incur if we did test your meter prior to undertaking this work.
We will inform you prior to taking any action on your meter which may impact on your invoices or result in an extra charge.
Our obligation to inform you will not apply where there is a safety issue, the meter is fast, slow or has stopped or where we have reasonable cause to suspect that fraud, theft or meter tampering has taken place.
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.
Meter reading
A meter reading can be provided if 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.
Tampering with meters
You must not tamper with any Pulse Energy Smart Meter Equipment and, for the avoidance of doubt 'tampering' includes by-passing meters. Tampering with meters is dangerous and may be a criminal offence.
If you are found to be at fault we will charge you for all reasonable costs incurred in investigating any possible tampering and making any necessary repairs of the Pulse Energy Smart Meter Equipment. If the Pulse Energy Smart Meter Equipment cannot be repaired we will charge you the replacement costs (including installation). If any of your Pulse Energy Smart Meter Equipment has been tampered with:
- We will invoice you for the electricity we reasonably estimate you have used.
- We may disconnect your Premises.
- We may inform the Police.
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 (only on an annual basis for Pulse Energy Smart 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 or other equipment installed by us following the termination of this contract.
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 to Saturday, 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.
You should refuse access to anyone who refuses to show appropriate identification and inform us immediately.
If any equipment relating to your electricity supply or other equipment installed by us 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, transferred or disposed of by us in a responsible manner
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.
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. Our contact details are provided at the top of this page.
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.
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).
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 http://www.ess.govt.nz
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).
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.
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 call us if you would like any advice. Our contact details are set out at the top of this document.
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.
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. Our contact details are set out at the top of this document. If you do not know how to contact your Distributor, please ask us.
You are responsible for maintaining your Customer Service Lines. Please contact us if your Customer Service Lines need to be repaired as we may be willing to provide this service. If we agree to repair your Customer Service Lines, we will be entitled to charge for this service and we will advise you of the cost involved before we carry out the repair.
Please contact us 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.
Our supply of electricity to you
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.
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.
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 and the Distributor.
- Use of Lines: You send signals or other communications through the Network.
- No access: Over a continuous period of 5 days, 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.
- Application criteria: You move into Premises we supply and apply to join us but do not meet our application criteria.
- Emergency access: If you deny immediate access to your Premises for us or the Distributor.
- End of contract: This contract is terminated and you have not switched to another Retailer.
- 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.
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, telegram, 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 or attendance 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.
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.
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 [hyperlink]). 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.
Once you have satisfied the requirements for reconnection we will restore your electricity supply as soon as reasonably practicable.
Vulnerable consumers
Your well-being is important to Pulse Energy. Please advise us if disconnection presents a clear threat to the health or well-being of you or a member of your household. Our contact details are set out at the top of this page. We will meet the requirements of the ‘Guidelines on arrangements to assist low income and vulnerable consumers’
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.
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.
To ensure you receive the notices we send please update us with your contact details should they change
This contract may be terminated:
- By you providing us with 15 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.
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, including all Pulse Energy Smart Meter Equipment.
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.
- To return your keys or transfer them to another Retailer.
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 (Privacy) Act 1982.
If you have a problem with your Lines or related equipment, please contact us. Our contact details are set out at the top of this document.
Making a complaint
Pulse Energy is committed to giving you the best possible service. If something is not right, please call us on 0800 PULSE ENERGY (0800 785 733). We will do our best to put it right as quickly as possible
If you remain dissatisfied, please contact our Customer Service Manager by phone, fax or email. Our contact details are set out at the top of this document.
You will be treated courteously and with respect. Our Customer Service Team is trained in dealing with complaints. 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.
Electricity and Gas Complaints Commission
Freepost 192682
PO Box 5875
Lambton Quay
Wellington 6145
Freephone: 0800 22 33 40
Email: info@egcomplaints.co.nz
Website: www.egcomplaints.co.nz
- We may change part or all of this contract by posting the change on our website and giving you at least 30 Days' notice 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 Code, the Code prevails. You can obtain a copy of the Code from the Office of the Electricity and Gas Complaints Commissioner’s web site (www.electricitycomplaints.co.nz).
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, 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.
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 (Privity) 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 (Privity) 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.
If you on-sell energy to another person, you need to advise us, and special terms and conditions will apply. In these circumstances, the Distributor’s obligations are excluded to the maximum extent permitted by law.
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.
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.
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.
Bond means a sum of money we collect from you and hold as security against non-payment by you of our invoices.
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.
Distributor means a person who supplies Line Services to any other person or persons (and includes the Distributor’s representatives or contractors).
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.
Grid means the assets used or owned by Transpower for the purpose of conveying electricity.
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.
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.
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.
Office of the Electricity and Gas Complaints Commissioner means the body that provides an independent overview of the Electricity and Gas Complaints Commissioner Scheme.
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.
Pulse Energy Smart Meter Equipment means any meters, data loggers and additional equipment that is supplied by Pulse Energy and installed at your Premises.
Qualified means legally qualified and also authorised by the Distributor.
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).
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 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.
Transpower means Transpower New Zealand Limited or any subsidiary of or successor to that company.
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.
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.
Free Smart Meter Installation:
This promotion is open to home owners using 8,000kWh or more per annum and does not constitute a formal offer. There may be technical and service limitations which prevent us from supplying some premises. For these reasons Pulse Energy, at its sole discretion, reserves the right to decline any customer proposal, offer or contract. A minimum contract term applies to this offer.
