Common use of Vulnerable Customers Clause in Contracts

Vulnerable Customers. We will comply with the code and other appropriate regulations in respect to vulnerable and medically dependent customers. You are a vulnerable customer if you are a domestic customer and if for reasons of age, health or disability, the disconnection of energy to you presents a clear threat to your health or wellbeing, and/or it is genuinely difficult for you to pay your energy accounts because of severe financial insecurity, whether temporary or permanent. You can inform us at any time if you are or become a vulnerable customer. You are a medically dependent customer if you are a domestic customer and you depend on mains energy for critical medical support, such that loss of energy may result in loss of life or serious harm. Examples of this would be where an oxygen or dialysis machine is used within the home. We require written confirmation from a doctor or District Health Board (or equivalent) that this equipment is housed within your premises to confirm your critical medical status. You can inform us at any time if you are or become a medically dependent customer. If for any reason we form the honest belief that you are a vulnerable or medically dependent customer you authorise us to consult with appropriate government authorities or agencies, private health providers or any other social agency or service provider as necessary. If, after we have informed you of the opportunity to notify us that you are a vulnerable or medically dependent customer, you have not told us, or it does not appear to us, that you are a vulnerable or medically dependent customer, we will assume that you are not a vulnerable or medically dependent customer. If a meter, and/or load control equipment that we can use, is not already installed on your premises, we will procure and be responsible for installing and maintaining this equipment. This equipment will be used to record the use of energy at your premises and, where an interruptible plan has been chosen, control the supply of energy (for example; controlled supply of water heating). We may also choose to replace any existing meter and/or load control equipment on your premises with our own meter and/or load control equipment. If we do not own the removed equipment, you will be responsible for ensuring that it is returned to its rightful owner. In certain circumstances we may charge you for the installation of a meter and/or load control equipment. If any charges apply, we will advise you what they will be and gain your consent before carrying out any work. Any metering we supply or procure that is used at your premises will comply with the relevant codes and regulations. We may also install and maintain check metering and will make arrangements with the other meter owner as to which of the meters are the primary maters. We will read your meter in accordance with the code and any applicable regulations. As long as our rights of access are maintained we will endeavour to obtain meter readings at least every three months. If we persistently fail to gain access to read your meters this may result in disconnection of your supply in accordance with the process set out in the section titled “Disconnection, and resumption, of supply”. We will only attend your premises to read the meter during normal business hours, unless you make other arrangements (for which a service fee may be charged). If we cannot get access to your premises or property for any reason, we may assess the energy supplied to you and charge an interim account on this basis. The costs of preparing this interim account may be charged to you. You will give us, the network owner and our respective representatives’ rights of access for the purpose of: • installing, upgrading, testing, inspecting, maintaining, repairing, replacing, operating, reading or removing our or the network owner’s equipment (including upon termination of this agreement); and • verifying metering information; and • ascertaining and remedying the cause of any interference to the quality of the line function services being provided by the network owner to any person; and • protecting or preventing danger or damage to persons or property; and • connecting or disconnecting the supply of energy; and • any other purpose related to the above. If we, or the network owner or our respective representatives are unable to obtain access to equipment installed at your premises we may upon reasonable notice disconnect your energy supply. Except in routine situations (such as, for example, reading or inspecting a meter that is located on the outside of a building) or emergencies, before accessing your premises, we, the network owner or our respective representatives will provide written notice to you: • when we or they will be accessing your premises; and • provide the reason why we or they are accessing your premises. The notice will be given: • at least 10 working days prior to entry if we, the network owner or our respective representatives intends to enter the premises to undertake construction, upgrade, repair or maintenance work (or any other time agreed by we, the network owner or our respective representatives and you); or • within a reasonable timeframe where we, the network wner or our respective representatives intends to inspect or operate any equipment used in, or in connection with, the generation, conversion, transformation or conveyance of energy. When accessing your premises, we, the network owner or our respective representatives will: • take reasonable steps to minimise any direct impacts on your premises and any inconvenience to you; and • comply with any of your reasonable requirements (such as, for example, the time of entry, leaving gates as found, driving in a safe manner and taking reasonable steps not to disturb stock, and avoiding access through specific areas). We, the network owner or our respective representatives, when accessing your premises, will: • carry identification that shows they are authorised representatives of us, the network owner or our respective representatives and present this identification on request; and • identify themselves to you before entering your premises; and • act courteously, considerately, and professionally at all times. Our procedures for ensuring the secure storage, use of and return of any keys and/or other security information that we have for your premises that is in our or a third party’s possession are available on request – please call us on ▇▇▇▇ ▇▇▇ ▇▇▇. The rights of access are in addition to any right of access the network owner may have under statute or regulation. We will check your meter for you if you wish. There will be no charge if the meter is found to be inaccurate. If the meter is found to be accurate, then a meter test fee may be charged. Where the meter is found to be inaccurate, and you have been overcharged for energy, we will credit your account with us with the amount of any overpayment on the next invoice (unless you request a refund by cheque). If you have been undercharged, we may add the amount of the under-payment to your next invoice unless, in our view, you could not have been expected to notice the inaccuracy or we accept that it would be unfair to recover the underpayment. If we find or suspect tampering with a meter or lines or equipment at your premises, we may disconnect your energy supply unless you can show to our reasonable satisfaction that you did not know about the tampering, and no-one you are responsible for knew or was involved. If your energy supply has been disconnected because of tampering or suspected tampering, and we decide to reconnect the supply, we may charge a reconnection fee along with any costs of repairing replacing the meter, or the lines or equipment. We may also charge you for energy, which we believe you should have paid for, if the meter, or the lines and equipment, was not tampered with. We, or the network owner, are responsible for installing and maintaining lines and equipment necessary to bring energy to any point of supply for your premises. For your own safety, and so that energy supply to you and our other customers is not interrupted; You must: • follow the network owner’s directions to ensure the safety of its energy lines or equipment on your premises; • provide and maintain, at no cost to the network owner or us, suitable space for the safe and secure housing of the network owner’s and our equipment as deemed necessary by the network owner or us to be housed at your premises and you agree to protect such equipment against interference and damage; • inform us of any damage or destruction to the network owner’s or our equipment; • comply with the network owner’s distribution code (a copy of which will be available from your network owner); • repair and maintain your energy lines and equipment and ensure they comply with all legislative requirements; • maintain the proper clearances between your electrical lines and the buildings, ground, trees and vegetation on your premises as set out in codes and regulations; • ensure trees, other vegetation and obstacles on your premises are kept clear of any meter or other energy equipment provided by us or the network owner; • make sure nothing on your premises interferes with or damages the network; • determine the location of any underground energy line or pipe before undertaking any work on your premises such as digging trenches and driving stakes; • make sure everyone you are responsible for or your representatives also meets these requirements; • obtain the consent of any other person needed for you to meet these requirements; • ensure the premises owner is aware of any circumstances that may require the property owner to meet any of these requirements; and You must never: • interfere with or work on any of the network owner’s lines pipes or other equipment as only people it authorises may work on them; • interfere with any metering or any other equipment that records your use of energy at your premises; • disconnect or reconnect your premises to the network as only people authorised by the network owner may do this; • take a supply of energy from any point before the meter that records your consumption of energy; • interconnect two or more points of connection to the network; • use any electrical equipment or appliance that interferes with the supply of electricity to any other person or the operation or safety of any other electrical equipment or appliance; • send or receive any signal or other form of communication over the network. Any interference with meters or other equipment provided by us or the network owner that supplies energy to your premises is considered a material breach of this agreement and may result in the disconnection of your supply. Any persistent but non-material breaches of these responsibilities may also result in disconnection of your supply. Where the breach is non-material we will provide you with notice in writing outlining the breach and we will provide you with a reasonable period to remedy the issue notified before disconnection. If it is found that you have interfered with any metering equipment it could also result in a police investigation and/or back billing of estimated consumption for energy consumed and not previously charged to you. You agree: • that the network, including any part located on your premises, is and shall remain the sole property of the network owner. No provision of this agreement in relation to the network confers any right or interest in such property on you; • to indemnify us for any liability we may have to the network owner for any damage to the network owner’s equipment caused by your (or your representative’s) negligence or wilful act or omission, or failure to provide the protection required by this agreement. If you are unsure of what the codes and regulations are that you must comply with please contact your electrician or a registered electrical inspector. We can also help – please phone us on ▇▇▇▇ ▇▇▇ ▇▇▇ for assistance. You are responsible for maintaining, in safe condition and operation in accordance with regulations, all lines, fittings and equipment (other than any owned by us) on your side of any point of supply for your premises. If you are unsure please contact a qualified Electrician or us and we can point you in the right direction. Trees and shelterbelts can interfere with power lines. When trees touch power lines they cause short-circuiting. This can lead to unnecessary energy supply interruptions as well as energy spikes or surges. You have obligations in relation to trees under the Electricity (Hazards from Trees) Regulations 2003 as those regulations may be amended or substituted from time to time. The purpose of these regulations is to protect the security of the supply of energy, and the safety of the public, by: • prescribing distances from overhead electricity lines within which trees must not encroach; and • setting rules about who has responsibility for cutting or trimming trees that encroach on overhead electricity lines; and • assigning liability if those rules are breached; and • providing an arbitration system to resolve disputes between line owners and tree owners about the operation of the regulations, specify the distances trees and other vegetation must be kept from power lines. If a network owner becomes aware of trees or vegetation growing closer than they should to power lines they may issue you with a Hazard Warning Notice to let you know that the tree or vegetation must not be allowed to grow further such that they may interfere with the power lines. If vegetation grows within the minimum clearances cutting or trimming will be necessary. If you do not comply with these regulations, you will be liable for the costs of carrying out such work arising as a result of your non-compliance and may also be liable for fines. Please note that this is a basic outline of the requirements and you can get more specific information on these regulations from Energy Safety which is a part of the Ministry of Economic Development. Alternatively you can call us on ▇▇▇▇ ▇▇▇ ▇▇▇ and we will assist you with where you can find more specific information. If trees you are responsible for are regularly trimmed it will usually not require an energy shutdown and charges for this and the removal or trimming of trees can be avoided. If any of your trees are near power lines and need to be trimmed, for your safety, please get professional assistance. Before we connect any new installation, or one that has been switched off for more than 6 months, we need to see a certificate of verification. Please contact your electrician and they can advise you on the process and how it works. Alternatively we can arrange this for you. We charge a fee for this service. If we think any lines, fittings, equipment, installation, or appliance at your premises, or your property, may be unsafe, or may not comply with legal requirements we may disconnect your energy supply. Safety is paramount and where we consider a premises to be unsafe it is a material breach of the agreement. Before disconnecting your supply, we will give you as much reasonable notice as is practical in the circumstances to remedy any issues. Once the issues have been satisfactorily resolved we will recommence supply as soon as it is possible. We are committed to providing you with a safe and reliable energy supply, however, we cannot guarantee a continuous or fault free energy supply or that the voltage or frequency of electricity supplied to you will not fluctuate. We will supply electricity: • in a manner consistent with all legal obligations and regulations relating to the supply of electricity; • in accordance with good industry practice; and • in accordance with any relevant industry protocols and codes. Planned interruptions to the supply of energy may be necessary: • for maintaining the electrical equipment associated with the energy supply to your premises; • to ensure the quality and safety of the energy supply to you; • to comply with the law, other relevant codes and regulations and agreements that we have with the network owner; • If asked by another energy retailer, who is supplying energy to you. Where an interruption to your energy supply is foreseeable and can be planned in advance you will be provided with writ