Peak Load Reduction Reward
(Power Factor Correction or Energy Efficiency)
for Businesses Terms and Conditions
(Updated and effective from 24 March 2015)
1. Offer
Subject to the terms of this Agreement, in consideration for having installed the Products, Energex
offers to pay the Applicant the Reward. In order to accept this offer, the Applicant must satisfy the
Eligibility Criteria.
2. Eligibility
In addition to any other obligation under this Agreement:
(a) To be eligible to apply for a Reward:
i.
The Premises must be within the Energex distribution network area and the Products
must be installed at the Premises;
ii. The Applicant must not have already received a Reward for any of the Products they
are making a claim for;
iii. The Applicant must submit to Energex the Application Form completed to Energex’s
satisfaction with sufficient information to allow Energex to assess and approve the
Applicant’s project for which it is seeking a Reward.
iv. The Applicant must obtain Energex’s approval for the Applicant’s project before
installation of the Products;
v. The Premises must have a Type 4 (Demand Interval Data) meter or other meter as
deemed suitable by Energex
(b) In addition to satisfying the requirements in paragraph (a), to be eligible to apply for the SAC
Demand Tariff Change Reward:
i.
The Premises NMI (National Meter Identifier) must be in Tariff Classes 8000, 8100 or
8300.
(c) In addition to satisfying the requirements in paragraph (a), to be eligible to apply for the
FastTrack Peak Load Reduction Reward (Power Factor Correction or Energy Efficiency)
i.
The Premises must be in a Targeted Area.
(d) To be eligible to be paid a Reward
i.
The Applicant must submit to Energex the Required Documentation;
ii. The Products must be new and unused;
iii. The Products must be installed and commissioned at the Premises in compliance with
all applicable laws, regulations, codes and manufacturers specifications and be in
working order;
iv. The Products must be installed and commissioned prior to the Reward End Date;
v. The Applicant must satisfy any additional obligations notified at https://www.energex.
com.au/residential-and-business/commercial-and-industrial-initiative/apply-now or
advised by Energex from time to time.
(e) In addition to satisfying the requirements in paragraph (d), to be eligible to be paid a Reward
for the FastTrack Peak Load Reduction Reward (Power Factor Correction):
i.
The Products installed and commissioned must achieve a minimum target power factor
0.95 lagging based upon peak kVA demand as identified and agreed to by Energex;
(f) In addition to satisfying the requirements in paragraph (d), to be eligible to apply for the
FastTrack Peak Load Reduction Reward (Energy Efficiency);
(g) The aggregate of the peak demand reduction achieved by installation of the Products must
total at least 1 kilowatt (1000 watts);.
3. Payment of the Reward
Subject to clause 4, where Energex determines that an Applicant is eligible to be paid a Reward,
Energex will pay the Reward by Electronic Funds Transfer (EFT) to the Applicant within 60 days of
the Applicant submitting the Required Documentation.
4. Energex Payment Obligation
The Applicant acknowledges and agrees that:
(a) Energex is not liable in any way to pay the Applicant the Reward unless and until Energex is
satisfied the Applicant has satisfied all of the obligations under this Agreement;
(b) the decision whether a Reward is payable will be made by Energex in its absolute discretion
following receipt of correctly completed Required Documentation and that notwithstanding
the Applicant has correctly completed the Application Form, Energex gives no guarantee of
entitlement to a Reward.
5. Verification
The Applicant acknowledges and agrees that:
(a) Energex relies on the information provided in the Application Form and the Required
Documentation to measure and verify the effectiveness of the Products installed at the
Premises in order to calculate the Reward;
(b) if Energex disputes any of the information provided in the completed Application Form or
the Required Documentation, the Applicant will provide any further information reasonably
requested to satisfy Energex that the information is correct;
(c) Energex may make inspections of the Premises and of the Products in order to verify that
the Applicant has satisfied the Eligibility Criteria. The Applicant will provide Energex,
after reasonable notice to the Applicant, with sufficient access to the Premises and to the
Products to enable Energex to conduct such inspections; and
(d) the Applicant consents, and if required by Energex will provide written consent, for Energex
to contact the manufacturer, supplier or installer (as the case may be) of the Products on
the Applicant’s behalf to verify any information the Applicant has provided, whether in the
Application Form and the Required Documentation or otherwise, including to verify the
purchase and installation of the Products.
6. Repayment of the Reward
If, within a year of the date on which Energex pays the Reward to the Applicant, Energex determines
that the Applicant has provided false or misleading information, Energex may, by written notice to the
Applicant, require repayment of the Reward, or any part of it, within the period set out in that notice.
7. Liability of Energex
(a) To the full extent permitted by law, and despite any other provision in this Agreement, Energex
is not liable to the Applicant (whether under contract, in tort, in equity, under statute or
otherwise) for any loss of profit, loss of revenue, loss of use, loss of contract, loss of data,
loss of production, loss of opportunity, loss of goodwill, or any indirect, incidental, special or
consequential damage, cost or loss, however caused.
(b) Any warranty, condition or guarantee imposed by law is, to the maximum permitted by law,
excluded.
8. Privacy Notice
(a) Energex is collecting, using and disclosing the Applicant’s personal information for the purpose
of conducting this Reward Program and Energex’s demand management programs from time to
time and advising the Applicant and other persons and entities of ways to save energy through
Energex’s energy conservation and demand management programs from time to time.
(b) The Applicant consents to the use of its personal information as set out in the Application
Form for the purposes of the Reward Program and for similar initiatives and energy
conservation and demand management programs that may be conducted by Energex, the
Queensland Government or other parties from time to time.
(c) If the Applicant does not provide its personal information, the Applicant may, at Energex’s
discretion, not be eligible to participate in the Reward Program.
(d) The Applicant is entitled to access any personal information that Energex holds about it by
contacting Energex on 13 12 53. Energex’s privacy policy is available at www.energex.com.
au or by calling 13 12 53.
9. Goods and Services Tax
(a) If a party (“Supplier”) makes a Taxable Supply on which GST is imposed, where the
Consideration payable is not described as GST inclusive, the Consideration payable or to
be provided for that Taxable Supply but for the application of this clause (“GST exclusive
consideration”) is increased by, and the recipient of the supply (“Recipient”) must also pay to the
Supplier, an amount equal to the GST payable by the Supplier on that Taxable Supply. However,
the Recipient need not pay any amount referable to GST unless they have received a valid Tax
Invoice (or valid Adjustment Note) for that Taxable Supply.
(b) Words or expressions used in this clause which are defined in the A New Tax System
(Goods and Services Tax) Act 1999 (Cth) and related imposition and amending Acts have
the same meaning in this clause.
(c) This clause will continue to apply after expiration or termination of this Agreement.
10. Termination and Variation
(a) Energex may at its discretion terminate a Reward Program at any time without prior notice.
(b) Energex may at its discretion vary the terms and conditions of a Reward Program at any time
prior to the end of the Reward Program.
(c) Any variations to the terms and conditions of a Reward Program will be notified at https://
www.energex.com.au/residential-and-business/commercial-and-industrial-initiative/applynow and an updated version of the Application Form and the terms and conditions published
at that web address.
(d) If Energex publishes an updated version of the Application Form and the terms and
conditions, Energex will still accept the previous version of the Application Form for all
applications received up to 30 days after the date of publication of the updated version, and
in which case the previous terms and conditions will be applicable.
(e) Except as permitted under this clause 11, this Agreement may not be varied unless made in
writing and signed by all parties to this Agreement.
11. General
(a) This Agreement is governed by the law of Queensland and each party irrevocably and
unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.
(b) These Terms and Conditions and the Application Form constitutes the entire agreement
between the Applicant and Energex and supersedes any prior understanding or agreement
between the parties and any prior condition, warranty, indemnity or representation imposed,
given or made by a party.
(c) If part or all of any term of this agreement is or becomes illegal or unenforceable, the other
terms will continue to be valid and enforceable and that term will be severed or modified
without affecting the other terms of this agreement.
(d) The failure of a party at any time to insist on performance of any term of this agreement is
not a waiver of a right at any later time to insist on performance of that or any other provision
of this agreement.
(e) When two or more people comprise the Applicant:
(i) the expression shall be a reference to each of them severally as well as to any two or more
of them jointly; and
(ii) the obligations, agreements, representations, warranties and or indemnity on their part in
this Agreement to which they are a party shall bind each of them severally and any two or
more of them jointly.
12. Definitions
“Agreement” means these Terms and Conditions and the Application Form.
“Applicant” means the one or more persons or entities conducting the business identified in the
Application Form which are making an application for a Reward.
“Application Form” means the form attached to these terms and conditions that is used to make
an application to receive the Reward.
“Eligibility Criteria” means the criteria detailed in clause 2.
“Energex” means Energex Limited and where the context permits or allows, its employees,
contractors and agents.
“Premises” means the address from which the Applicant conducts its business and where the
Products are installed.
“Products” means those items of equipment listed in the Application Form that will be installed at
the premises in accordance with this Agreement.
“Required Documentation” means original or copies of the following documents:
(a) itemised invoice(s) to the Applicant’s ABN for the supply of the Products;
(b) itemised invoice(s) to the Applicant’s ABN for the installation of the Products (if applicable);
(c) itemised receipt(s) to the Applicant’s ABN for the supply of the Products;
(d) itemised receipt(s) to the Applicant’s ABN for the installation of the products (if applicable);
and
(e) tax invoice issued to Energex Limited for the Reward amount plus GST (if applicable).
(f) Power Factor Correction Commissioning Report (if applicable)
(g) Copy of Application Form with Energex’s Approval of Reward offer attached
“Reward” means the lesser of:
(a) The amount set out in the Application Form in the box entitled “Reward Amount”; and
(b) The amount which is 50% of the cost of the Products (including installation costs)
“Reward End Date” is the date set out in the Application Form in the box entitled “Reward End
Date” or such other date agreed with Energex.
“Reward Program” means the funding program available to Energex customer which is named
on the attached Application Form.
“Targeted Area” means a suburb which is listed at the following link at the date of Application
Form: https://www.energex.com.au/residential-and-business/commercial-and-industrial-initiative/
eligible-areas