www.smartmetering.co.nz
info@smartmetering.co.nz
(09) 9159585
Level 1, 7 Anzac Street, Takapuna, Auckland
1. Introduction
Your water supply agreement with us comprises the following:
a. the Terms of Agreement;
b. any other current terms, conditions or arrangements previously agreed in writing between us.
This agreement starts on the date you begin to have water supplied by us or when we provide any other services requested by you or required for the supply of water.
2. Interpretation
2.1 The terms set out on the following pages of this agreement will apply whenever we supply residential energy, hot, cold and waste water to you, except if we vary our terms with you in writing.
“we”, “us” and “our” means Smart Metering and includes its officers, employees, contractors, agents, successors and assignees.
“customer services” means:
a. the supply of water; and
b. contracting with the local network operator for the provision of line function services in respect of water supplied to your property and/or
d. the provision of other services and/or goods that are from time to time specified in our price list.
“Meter{s)” means the meter{s) installed at your premises to measure the quantity of water we supply to you.
“Price list” means any of the price lists in respect of water and related services published by us from time to time.
“You” means you, our customer.
“BC” means the Body Corporate.
“Your property” or “your premises” means the property (including any building(s)) to which we agree to supply you from time to time with water.
“You” refers to the customer.
A “Customer” is any party to whom we deliver hot, cold and wastewater, whether tenant, proprietor or duly authorised agent. The liability for payment of domestic hot, cold, and wastewater supplies will remain with that person.
The “BC Agreement” refers to the contract between Smart Metering and the BC with agreed rates and “User Pays” contract conditions.
3. Scope of Our Service
- Meters.
We will arrange for the provision of Smart Meter(s) at your property to measure the water supply to you.
- If you think the meter is faulty, notify us, and we will test it. If the testing reveals that it is not operating within accepted industry standards, we will replace or repair the meter and meet the cost of testing.
- You will pay our meter testing fee if the test finds that the meter is measuring the supply of water within accepted industry standards.
- Where the meter is found to have been measuring inaccurately, we will adjust your account with us for any under or overpayment that has resulted from the inaccuracy. This amount will be reflected in the next invoice sent to you by us.
3.2 Our Smart Meters provide daily remote meter readings to you. All your water meter use is available by logging into your account, available on the Smart Metering website.
3.3 We will send you invoices monthly itemising the various charges for water and any other Customer Services provided to you.
3.4. Our charges for water will be based on a meter reading.
4. Scope of Supply of Water
4.1 Domestic hot and cold water services will be supplied to the outlets within your unit or to other points as agreed within the BC for communal use.
4.2 The supply of water to you may not be continuous. For example, Water Care may suspend supply for safety reasons, to protect the property, to comply with legislative requirements, or because of the requirements of other network operators or suppliers.
4.3 We will use every reasonable effort to provide you with a safe and continuous supply of domestic hot and cold water services. However, interruption or reduction of supply may occur:
(a) Due to work carried out by the main water supplier to your building (i.e. Water Care), which is beyond Smart Metering’s control;
(b) In order for maintenance to be carried out on the transportation system or in respect of any equipment belonging to any other person (including you) which we have agreed to maintain;
(c) In cases of emergency;
(d) In cases where we are required to do so as a result of circumstances beyond our reasonable control.
4.4 We will not be responsible to you in any of the circumstances outlined above. However, we will, where practicable, endeavour to forewarn you of any interruption or reduction in supply and endeavour to minimise its duration.
4.5. The BC owns the water heating, wastewater system, and water transportation pipework up to each unit. Smart Metering has provided, owns and manages the hot and/or cold-water meters, wiring and billing systems. You own and are responsible for the water appliances.
4.6 The BC must provide us with safe and unobstructed access to your property to:
a) Install the meters.
b) Conduct and inspect the meters installed in case of suspect faults or to test the accuracy of the meter reads.
c) Turn your water on and off.
d) Replace any meters deemed that need to be replaced.
5. Personal Information
5.1 We will securely hold all personal information that you give us. We will release your personal information and collect such information from someone other than you only if authorised by you if we are legally required to, or to enable us to:
a. Carry out our responsibilities, or exercise our rights, under this agreement; or
b. Collect debts.
5.2. You have the right of access to and the right to request correction of your personal information held by us.
5.3 All personnel information (such as name, date of birth, address, email and telephone numbers) that you provide us must be correct. You must notify us or update your details on your Smart Metering online account portal if any of these details change.
5.3 Smart Metering’s full Privacy Statement is available on our website.
6. Prices and Payment Terms.
6.1 Our Smart Meters provide daily remote meter readings to you. All your water meter use is available through your Smart Meter’s online account portal.
6.2 We will email you invoices monthly itemising the various charges for water and any other Customer Services provided to you.
6.3. Our charges for water will be based on your actual meter reading usage.
6.4 You will pay all charges or fees listed in our invoices, including GST, to you in full upon receiving your invoice. Our current pricing tariff will determine all charges in the invoice.
6.5 If you fail to pay any invoice in circumstances other than where you believe there is a mistake, we charge a late payment fee at a rate set out in our price list as set out to the BC. If we incur costs in recovering any amount, we may also require you to pay our collection costs. This may include external collection agency fees.
6.6 Smart Metering provides highly accurate daily meter usage reads; however, if you believe that a mistake has been made in any invoice we send to you, you should notify us before the due date. We will resolve any query as quickly as possible. Any amount that you do not dispute must still be paid by the due date. However, if there was an error in your favour, we will credit your account with any amount found due to you as soon as the matter is resolved.
6.7 You will pay us for all costs incurred in recovering any money you owe under this agreement. This obligation will survive the ending of this agreement.
6.8 If you do not comply with your obligations under this agreement, we will send you a written notice explaining the breach and what needs to be done to rectify it. If you do not comply with this notice within 14 days, we may cease or suspend our water supply to you and/or terminate our agreement with you by sending another notice to you. If we cease or suspend our water supply to you or terminate our agreement with you, that shall not release you from any outstanding obligations you have to us at that date.
6.9 We will not cease or suspend our water supply to you for non-payment of an invoice if the amount you have not paid is the subject of a genuine dispute.
6.10 If we have suspended our supply of water or other customer services to you, we shall, as a condition of resuming the supply of those services, require you:
To pay to us:
a) All outstanding amounts (except for those genuinely in dispute) and/or
b) Our reconnection fee and/or
c) A bond, or a larger bond, as security for future payment.
7. Other Matters
7.1 We agree to work with you in good faith to resolve promptly and fairly any dispute arising under this agreement. However, we reserve the right to seek legal redress in the courts should any dispute not be satisfactorily resolved through this agreement.
7.2 We may, from time to time, change the terms of this agreement (including the prices and other provisions outlined in this agreement).
All changes to the terms of this agreement will be advised to you by notice in writing.
7.3 We may transfer to a third party our rights and obligations under this agreement.
We may, in particular:
a) Transfer any debt you owe us to a third party and/or
b) Authorise a contractor to carry out any of our rights and responsibilities under this agreement.
c) You may not transfer your rights or responsibilities under this agreement.