Diamond Energy Pty Ltd ABN 97 107 516 334 of Level 1, 695 Burke Rd, Camberwell Victoria 3124 trading as Commercial Green (“us” or “we” or “our”) and the customer specified on the Electricity Agreement form enclosed with, attached to or overleaf to these Terms & Conditions or whose details have been completed on the same world wide web site on which these conditions appear (“you” or “your”), enter into an electricity supply agreement (“Agreement”) on the following terms and conditions.
1. Supply & Duration We will sell electricity to you and use our best endeavours to arrange for the connection and supply of electricity to the Supply Address. You will purchase electricity from us and accept our supply of electricity at the Supply Address for the Minimum Term which will begin on the date we start to supply electricity to the Supply Address under the Agreement or on the date when the Supply Address is transferred to us as your electricity retailer, whichever is later (the Effective Date).
2. Retail Transfer You give us your consent to effect a transfer of the Supply Address to us as your electricity retailer. You authorise us to act on your behalf to do all things reasonably necessary to complete that transfer, including obtaining identification data, consumption data, half hourly meter data and expenditure information on all of your metered consumption points at the Service Address, from your existing electricity retailer or distributor.
3. Electricity Supply Responsibilities You acknowledge that the local electricity network operator or distributor is responsible for the supply of electricity to the Supply Address. You also acknowledge that the supply of electricity may be subject to variations in voltage and frequency and may contain voltage surges, which may cause damage to your equipment or premises. We are unable to guarantee the quality and security of supply of electricity. The local electricity distribution network operator may disconnect, interrupt or reduce the supply of electricity to the Supply Address under applicable laws. To the extent permitted by law, you agree to release us from any liability for such disconnection, interruption or reduction in the supply of electricity or any variation in the voltage and frequency of the supply. To the extent permitted by the Trade Practices Act 1974, all warranties are excluded.
4.1 You consent to us, any party nominated by us or any party required under applicable laws, having free and ready access to the Supply Address metering equipment or any energy management or control devices for the purposes of measuring the amount of electricity consumed at the Supply Address, replacing or maintaining that equipment or installing a new meter in accordance with applicable laws.
4.2 If meter data for the Supply Address is not obtained or if there is a malfunction in metering equipment, the amount of consumption may be estimated by us based upon meter readings previously made at that Supply Address. You agree to the use of such estimates for the calculation of your electricity bill. When the meter is subsequently read, the next bill will be adjusted for the difference between the estimates and the actual amount of electricity used, based on the reading of the meter.
5. Charges and Payment
5.1 You must pay in full the Retail Charges and the Other Charges as specified in your Electricity Agreement. Where you have agreed to a bundled Retail Charge, the Other Charges will be included in the Retail Charges. Where you have agreed to an unbundled Retail Charge, the Other Charges will be shown separately from your Retail Charges.
5.2 You must make payment to us by the payment date appearing on each of our invoices or if no date appears within fourteen days from the date of the invoice.
5.3 We may charge monthly compound interest on any amount remaining unpaid after the due date for payment at a rate equal to two percent above the National Australia Bank Corporate Overdraft Reference Rate or equivalent as varied. We may also charge you the reasonable cost to us of collecting outstanding payments that are overdue.
6. Additional & Varied Charges
6.1 We reserve the right to vary the Other Charges to reflect the actual cost to us of any changes to regulated charges or tariffs, regulatory compliance requirements, metering charges, meter data charges, service charges, Environmental Requirement,, Network Charges or charges resulting from the operation of the National Electricity Market.
6.3 If the Minimum Term is longer than one year, then as from the first invoice after each anniversary of the Effective Date the Retail Charges may at our discretion be increased based on the annual average increase in the Consumer Price Index (All Groups Weighted Average of Eight Capital Cities) ("CPI") published by the Australian Bureau of Statistics in respect of the calendar quarter ending immediately prior to the anniversary of the Effective Date or the nearest equivalent price index if CPI ceases to be published.
6.4 We may charge you on your electricity account for other goods or services that you agree or have agreed to purchase from us or a person affiliated to us, provided that we clearly separately identify those charges from the Retail Charges and Other Charges.
6.5 If at any time your actual demand or consumption of electricity varies significantly from that communicated to us by you at the time of entering into the Electricity Agreement, we will be entitled to charge you any costs we may incur in relation to that excess demand or consumption at the Supply Address.
6.6 If your Retail Charges are specified as variable based on variations in the market from which we purchase your electricity, we may pass on those variations to you and you will pay those varied costs and indemnify and keep us indemnified from any consequential loss cost or damage you may incur from such variation in those charges.
7. Expiry of Minimum Term On the expiration of the Minimum Term, the Agreement will continue in full force and effect in relation to the Supply Address unless you and we enter into a new retail supply agreement in relation to the Supply Address or the Supply Address is disconnected or transferred to another electricity retailer. We reserve the right to apply new retail charges after the Minimum Term expires provided that we have given you twenty Business Days prior notice of those new rates. Unless we have given you such notice the existing Retail Charges will apply.
8.1 We may terminate the Agreement if you are in breach of any material part of the Agreement and fail to remedy that breach within ten Business Days of notification of the breach by us.
8.2 If the Agreement is terminated, we may disconnect your Supply Address from the electricity supply network. Any disconnection of your Supply Address may, at our discretion, result in you being liable for additional reasonable disconnection and/or re-connection fees.
8.3 In the event of early termination of the Agreement by you or termination by us because of your breach, you must pay us damages which are the actual or reasonably estimated costs, loss and expenses incurred by us as a result of such termination including but not limited to our gross margin forgone as a result of that early termination.
9. Termination for Insolvency
9.1 We may terminate the Agreement by immediate notice if an Insolvency Event occurs in relation to you. An "Insolvency Event" means any of the following events:
9.2 Where the Agreement is terminated under this clause 9, we may disconnect the Supply Address without further notice. We will also be entitled to claim damages from you, being our reasonable costs, loss and expenses arising from your breach of the agreement, including but not limited to the gross margin forgone due to the early termination of the agreement.
10. Privacy & Confidentiality
10.1 You acknowledge and agree that all reasonably commercially sensitive or confidential information relating to the Agreement not in the public domain, will be kept confidential by you.
10.2 You must provide us with that information we reasonably require to meet our obligations under the Agreement. We will not disclose this information to third parties unless expressly permitted by the Agreement or the third party provides services that are essential to our ability to supply you or as required or permitted by applicable laws.
11. Credit Checks You authorise us to conduct credit checks and searches on you and to use any relevant information obtained, including any credit assessment(s), to enable us to establish your creditworthiness. If your creditworthiness or bad debt rating is not reasonably acceptable to us, then you agree to make all payments under the Agreement by monthly or weekly direct debit to an account nominated by us.
12. Indemnity To the full extent permitted by the law you indemnify us and will keep us indemnified and hold us harmless against any liability which arises from the supply and use of electricity by you beyond the Supply Address’s connection to the electricity supply network whether or not caused by your failure to comply with any obligations associated with or arising out of the Agreement.
13. Assignment or Transfer of this Agreement
13.1 You may only assign or transfer your rights under the Agreement if we give our permission, which we will not unreasonably withhold. You must give us notice of your proposed assignment or transfer at least twenty Business Days before it is due to take place. As an alternative you may request that the Agreement be transferred to another supply point and in our sole discretion we may authorise that transfer with such agreed alterations to the Agreement as are reasonably necessary to effect that transfer.
13.2 Your assignee, transferee or other legal successor is required to comply with your obligations under the Agreement. Should that third party not wish to take the Agreement over from you and comply with its terms, we may terminate the Agreement subject to you remaining responsible to pay all amounts due under the Agreement until the Supply Address is disconnected or you transfer to another retailer.
14. General Provisions
14.1 You authorise us and our employees and agents to enter onto the premises at which the Supply Address is located at reasonable agreed times and on giving reasonable notice to carry out our obligations under applicable laws.
14.2 We can charge, encumber, novate, assign, transfer all or any of our rights under the Agreement (“Assignment”). Assignment includes dispose of, declare a trust over or otherwise create an interest in rights under this Agreement in favour of any other party. Any Assignment made shall operate to the benefit of our transferee, assignee or other legal successor. You give your consent to any future Assignment(s) by us. t These terms and conditions will remain for the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties.
14.3 These Terms & Conditions and the Electricity Agreement represent the entire agreement between you and us and supersede all prior arrangements or understandings between you and us. The laws of the state or territory in which the Supply Address is located govern this Agreement.
14.4 If any term or clause of the Agreement is or becomes invalid or unenforceable, then the other terms remain valid and unaffected and will continue for the duration of the Agreement. If we do not exercise our rights or powers under the Agreement such failure is not a waiver of those rights or powers.
14.5 Unless otherwise agreed, all communications and notices from us may be sent by email, including (but not limited to) welcome packs, invoices, reminder notices and disconnection notices.
14.6 Our obligations under the Agreement will be suspended for the duration of any event, circumstance or condition beyond our reasonable control which prevents or delays us from carrying out any of our obligations under the Agreement.
14.7 If any amendments to the Agreement are reasonably required due to a change in any applicable laws then the parties will co-operate to make such amendments, which shall commence from the date the amendment(s) are agreed upon. The provisions of the Agreement may only be varied by further written Agreement of the parties. No variation of the provisions of the Agreement shall be expressed or inferred from a course of dealing.
14.8 Unless otherwise expressly defined in the Agreement,, any word or term in the Agreement beginning with a capital letter has the meaning set out in the corresponding Electricity Agreement.
13. Definitions In the Agreement, the following terms have the corresponding meanings “Agreement” means these Terms & Conditions and the Electricity Agreement. “Business Day” means any day that is not a Saturday, Sunday or public holiday in the state or territory where the Supply Address in located. “Environmental Requirement” means any renewable energy target scheme, greenhouse gas abatement program, emissions target, energy efficiency scheme, emissions trading system, carbon tax or carbon trading scheme (including the Carbon Pollution Reduction scheme) introduced or changed by any government, government agency or authority before or after the commencement of the Agreement; “Other Charges” means any cost that is incurred by us in relation to the supply of electricity to the Supply Address (other than the Energy Rates), including Goods and Services Tax, distribution network charges, regulated charges, NEMMCO charges, transmission and distribution losses, service charges, metering charges, metering data charges and any costs or charges arising out of our compliance with any Environmental Requirement.
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