GreenPower Terms
1. Parties and application
a) These Terms are made between:
i) AGL, who provides the GreenPower Product to you (in these Terms referred to as “we”, “our” or “us”); and
ii) you, the customer to whom these Terms apply (in these Terms referred to as “you” or “your”).
b) These Terms apply to any GreenPower Product that you have added to our supply of electricity to you.
c) If you have a Market Contract, the GreenPower Product is an "Ancillary Product" as defined under your Market Contract in respect of a Supply Address; and these Terms form part of the terms of your Market Contract, unless otherwise stated.
d) If you have a Standard Retail Contract, these Terms are separate to, and do not form part of or change your Standard Retail Contract in any way.
2. How does GreenPower work?
a) We will source electricity equal to the Agreed Percentage of your electricity usage at the Supply Address from government-accredited GreenPower generators.
b) The GreenPower Product is separate from the sale of Energy or the physical connection of your Supply Address to the Distribution System.
c) We will acquire electricity and retire eligible certificates from suppliers and locations that meet the requirements of the National GreenPower Accreditation Program, in our absolute discretion. You cannot direct or otherwise require us to allocate funds to any particular suppliers or locations.
3. GreenPower Charge
a) You will be charged an additional amount calculated from your electricity usage and the GreenPower Product Charge (“GreenPower Charge”) as specified in your Energy Plan and as varied from time to time.
b) You must pay us the GreenPower Charge in addition to any other Charges payable under your Market Contract or Standard Retail Contract, unless otherwise specified in your Energy Plan. Energy Plan discounts do not apply to the GreenPower Charge.
c) You must pay your bill in accordance with (as applicable):
i) clause 1.3(b)(iv) (The fees and charges that you are required to pay) of your Market Contract; or
ii) clause 10 (Paying your bill) of your Standard Retail Contract,
read as though that clause applies to bills which include the GreenPower Charge.
4. Changes to GreenPower Charge or Terms
a) If you are on a Market Retail Contract, we may vary:
i) the GreenPower Charge in accordance with clause 6.1 of your Market Retail Contract; and
ii) these GreenPower Terms in accordance with clause 5 of your Market Retail Contract.
b) If you are on a Standard Retail Contract, we may vary:
i) the GreenPower Charge with at least ten (10) Business Days’ notice if your Supply Address is located within the Energex distribution zone, and at least five (5) Business Days’ notice in all other cases; and
ii) these GreenPower Terms with at least ten (10) Business Days’ prior written notice to you, and otherwise no later than your next bill.
c) If you do not accept any such variation notified to you under clauses 4(a) or 4(b), you may immediately cancel your GreenPower Product by contacting us within 20 Business Days of your receipt of our variation notice. If you cancel your GreenPower Product, the variation will be of no effect (unless required by law or regulation) and your GreenPower Product and these Terms will end on the date that you give us notice.
d) We may otherwise vary these Terms with immediate effect by notice to you, to make a change that:
i) is administrative or typographical;
ii) is favourable to you; or
iii) is required to accommodate any change in Regulatory Requirements.
e) Any other amendment to these Terms (not addressed under clauses 4(a)-(d)) may only be agreed by you and us in writing.
5. Term and termination
a) These Terms commence on the Acceptance Date and will continue until the earlier of:
i) the date your Energy Plan, Market Contract or Standard Retail Contract ends;
ii) you give us notice that you no longer want the GreenPower Product; or
iii) we give you at least 20 Business Days’ written notice.
b) Termination of these Terms will not affect:
i) your Energy supply to the Supply Address;
ii) any accrued rights or remedies we may, or you may have under these Terms.
6. Survival
Clauses 5(b), 7 and 8 survive termination of these Terms.
7. Our liability
a) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of the GreenPower Product, its quality, fitness for purpose or safety, other than those set out in these Terms.
b) Our Accreditation and the GreenPower Product may be subject to Regulatory Requirements and the GreenPower Rules. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:
i) any changes to our Accreditation or GreenPower Product, caused or contributed to, by changes to or new Regulatory Requirements or GreenPower Rules;
ii) our Accreditation ceasing or being suspended for any reason; or
iii) any information in connection with our Accreditation or GreenPower Product (including the information provided in public disclosure statements or on the GreenPower website), including if that information is inaccurate, incomplete or contains errors.
c) If you have a Market Contract, clause 15 (Our liability) of the General Terms applies to these Terms.
d) If you have a Standard Retail Contract:
i) nothing contained in these Terms is intended to exclude, restrict or modify the application of any implied condition or warranty, any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, where to do so would contravene that statute; and
ii) to the extent permitted by law our liability for breach of any implied condition, warranty or undertaking is limited to:
1. providing goods or services equivalent to the GreenPower Product provided under these Terms; or
2. paying you the cost of replacing the GreenPower Product provided under these Terms, or acquiring equivalent goods or services.
8. Definitions
In these Terms:
Acceptance Date means the date that you choose our GreenPower Product and agree to these Terms.
Accreditation means the accreditation of our GreenPower Product under the National GreenPower Accreditation Program.
AGL means the AGL entity that is a party to the applicable Market Contract or Standard Retail Contract.
Agreed Percentage means the percentage of your total electricity usage quantity that the GreenPower Product applies to under your Energy Plan.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a day other than a Saturday, a Sunday or a public holiday in the State in which your Supply Address is located.
Charge has the meaning given in clause 18.1 of our Market Contract or clause 22 of our Standard Retail Contract, as applicable.
Distribution System has the meaning given in clause 18.1 of our Market Contract.
Energy has the meaning given in clause 18.1 of our Market Contract.
Energy Contract means a Market Contract or Standard Retail Contract.
Energy Plan has the meaning given in clause 18.1 of our Market Contract.
GreenPower Charge has the meaning given in clause 3(a).
GreenPower Product means a product accredited under the National GreenPower Accreditation Program that you have chosen to add with our supply of electricity to you as described in clause 2.
GreenPower Rules means the National GreenPower Accreditation Program Renewable Electricity Rules as updated from time to time.
National GreenPower Accreditation Program means the voluntary government-administered accreditation framework for Australian renewable electricity known as ‘GreenPower’.
Market Contract means a contract for the sale and supply of Energy at the Supply Address with us that is not a Standard Retail Contract (as varied from time to time).
Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards applicable from time to time in the State in which the Supply Address is located and includes the National GreenPower Accreditation Program.
Standard Retail Contract means a contract for the sale of Energy at the Supply Address (as varied from time to time) in respect of a standing offer under the National Energy Retail Law (South Australia) Act 2011 (SA) as applied by each participating State and Territory or the Victorian Energy Retail Code of Practice and as varied from time to time.
Supply Address means the address(es) at which you purchase Energy from us under your Energy Contract.
Terms means these GreenPower terms and conditions.