TRUenergy Solar Terms and Conditions

 

TRUenergy Solar Terms and Conditions

  1. Your electricity plan will consist of two components, a Base Agreement under which we sell you electricity and TRUenergy Solar is the “feed in” component of your plan under which we buy electricity from you.  These components will be shown separately on your bill. 
  2. The terms and conditions applying to this feed in arrangement are contained in this document.
  3. You are not eligible to enter into this TRUenergy Solar agreement for the buy back of electricity from you if any of the following apply:
    1. you are not a TRUenergy customer;
    2. the meter type or applicable tariff at your supply address otherwise means you are not eligible.  We may specify from time to time exclusions to TRUenergy Solar based on meter type or availability of an applicable tariff, details of which can be requested from us.
  4. If we determine that you were not eligible for TRUenergy Solar we will contact you to let you know of any other options you may have.
  5. If you are not an existing customer of ours, this agreement commences from the date on which your assigned meter identifier has been transferred to us.
  6. If you are an existing customer of ours, this agreement commences on the date specified in the Product Schedule or, if the date is not set out, the date we transfer you to the Base Agreement.

 

Credit of electricity supplied

  1. We agree to credit you for any electricity you supply back into the grid from your Small Renewable Energy Generation Facility at the same rates as you purchase electricity under the Base Agreement for electricity sale and supply between you and us.
  2. The credits for the electricity you supply will appear on the bill that we send to you under your Base Agreement.
  3. In addition to the charges set out in this agreement and the Base Agreement Product Schedule, you will need to pay any additional retail charges and distributor imposed charges.  Upon your request we will inform you of the amount of any distributor imposed charges prior to entering the agreement, and these will be itemised on your account. Any adjustments for undercharging or overcharging in previous billing periods will also be shown on your account.
  4. The rate at which we buy your electricity does not include GST.  

Connection

  1. If you ask us to, we will make a request to the relevant distributor to connect your Small Renewable Energy Generation Facility to the distributor’s distribution system as soon as practicable after you satisfy clause 1 of the Energy Retail Code with respect to this agreement.
  2. We will make the request by the day no later than the next business day after receiving from you all documentation required under the Electricity Safety Act 1998 and all documentation reasonably required by us or relevant distributor.
  3. You must let us know as soon as possible of any changes to your contact details.

Meter readings

  1. Unless you give explicit informed consent otherwise, we will base a buy back credit on a reading of your national electricity market compliant meter that records the supply of electricity from your Small Renewable Energy Generation Facility to the distribution system, and in any event, we will use our best endeavours to ensure that the meter is read at least once in any 12 month period.  We do not breach this clause if we are unable to read a meter in any relevant period as a result of you breaching clause 15 or some other event outside our control.
  2. You must allow us, the Responsible Person, or our Responsible Person’s representative safe, convenient and unhindered access to the address and to the meter that records the supply of electricity from you to the distribution system, for the purpose of reading the meter and for connection, disconnection, reconnection, maintenance and repair.  The person who requires access must carry or wear official identification and on request will show that identification to you.
  3. If we are not able to make a credit based on the reading of the meter, we will not make a credit unless the relevant distributor estimates the generation in accordance with applicable regulatory instruments.   
  4. If you request us to, we will review any buy-back credits applied to your account (and deal with any adjustments required) on the basis specified in clause 6 of the Energy Retail Code. 

Force Majeure

  1. If an event occurs which is outside the reasonable control of us or you (ie force majeure), and you or we breach this agreement due to this event only, the breach will be dealt with in accordance with clause 18 of the Energy Retail Code.

Changes to this agreement

  1. This agreement may only be varied by agreement in writing between you and us.  Any changes to the tariffs under your Base Agreement will apply equally to the tariffs under this feed-in agreement. 
  2. We will give you notice of any variation to our tariffs that will affect this agreement.  We will give the notice as soon as practicable and no later than the next billing and payment cycle.  A notice of a variation to our tariffs under your Base Agreement is taken to be a notice under this agreement.  

Termination

  1. If the Base Agreement is ended by either party, this agreement automatically terminates at the same time.  Otherwise, we may not terminate this agreement unless you and we enter into a new feed-in agreement or if you have transferred to another retailer in respect of your supply address.
  2. If there are any credits owing to you when this agreement ends, TRUenergy will pay you the equivalent amount.
  3. You may terminate this agreement without notice unless this agreement is a fixed term contract or an evergreen contract.  If this agreement is a fixed term contract or an evergreen contract, we may impose the early termination charge specified in your Product Schedule if we are permitted to do so under clause 24.1(d) of the Energy Retail Code. 
  4. The termination does not become effective until:
    1. if you and we enter into a new feed-in agreement, the date the new agreement commences; 
    2. if the feed-in agreement is terminated because you want to enter a feed-in agreement or electricity supply agreement with another retailer, the date when the other retailer becomes responsible under that agreement/for your supply address; or
    3. if your  supply address is disconnected, the date when you no longer have a right under the Energy Retail Code to be reconnected,

whichever occurs first.

  1. If the TRUenergy Solar agreement or the Base Agreement is a fixed term contract:
    1. between one and two months before the expiry date, we will notify you of the date that this agreement is due to expire, the options available to you and the tariff and terms and conditions that will apply after that date if the you do not exercise any other option; and

 

    1. this agreement will continue after the expiry date on the tariff and terms and conditions notified, without further need for written agreement, provided the tariff and terms and conditions have taken effect in accordance with section 40H of the Electricity Industry Act 2000.

Miscellaneous

  1. If you would like information about our buy back tariffs, please call 133 466.  If requested, we will provide you with written information within 10 business days of your request. 
  2. We will retain data of the feed-in payment and crediting data for at least two years.
  3. We will process any request for historical data in relation to feed in arrangements in accordance with clause 27.2 of the Energy Retail Code.
  4. These terms and conditions do not limit, vary or exclude the operation of any terms and conditions of the Base Agreement.
  5. Any Renewable Energy Certificates that are created through the generation of electricity from your Small Renewable Energy Generation Facility will be retained by you.
  6. We will handle any complaint by you in accordance with the relevant Australian Standard on complaints Handling or the “Benchmark for Industry Based Customer Dispute Resolution Schemes” published by the Department of Industry, Tourism and Resources (Cth).  We will proceed in the manner specified in clause 28.2 of the Energy Retail Code.
  7. A notice, consent, document or other communication given by us under a feed-in contract will be given in a manner specified by clause 33 of the Energy Retail Code.
  8. We may only assign this agreement with your consent, unless the assignment forms part of the transfer to the same third party of all or substantially all of our retail business.

 

Definitions and interpretation:
 “Base Agreement” means the agreement between you and TRUenergy for supply of electricity. 
 “GST” has the meaning given in the A New Tax System (Goods & Services Tax) Act 1999.
“Product Schedule” means the schedule accompanying the terms and conditions of your Base Agreement.
“Renewable Energy Certificates” has the meaning given in the Renewable Energy (Electricity) Act 2000.
“Responsible person” means the person who has responsibility for meter reading for a particular connection point, being either the retailer or the relevant distributor.
“Small Renewable Energy Generation Facility” means a generation facility as defined in the Electricity Industry Act 2000. 
“TRUenergy Solar” means TRUenergy Go Easy Solar, TRUenergy Go for More Solar or TRUenergy Regulated Tariff Solar as noted in your Product Schedule. 
“We” and “Our” means TRUenergy Pty Ltd.
“You” and “Your” means the customer specified on your confirmation letter or on the document titled ‘Product Schedule.

 

Terms defined in the Energy Retail Code have the same meaning in this agreement.