1. This contract covers the purchase of electricity to you (the customer, referred to in this contact as “you” or “your”) under Feed-in Tariffs at your premises by us, Next Business Energy (ABN 91 167 937 555, referred to in this contract as “us”, “we” or “our”).

2. This contract sets out all rights and obligations of both parties in regard to your export of energy under a Feed-in Tariff.

3. In these Feed-in Tariff terms and conditions, terms that are capitalised have the same meaning as that given in the GST Act, except where these terms are defined at end of this agreement.

4. These Terms and Conditions apply where you agree to sell to us, and we agree to purchase, each kilowatt hour of feed-in electricity at the applicable published feed in tariff rate subject to relevant energy laws.

5. You may be eligible for a Feed-in Tariff if:

a) You have a properly installed and Electricity Generating Facility (facility);

b) Your facility meets all relevant electrical and distributor requirements;

c) Your facility meets the relevant regulatory requirements for provision of a retailer or government funded Feed-in Tariff;

d) You have a supply agreement with us in relation to the supply address;

e) The meter at the supply address at which your Facility is located is a Net Meter;

f) The supply address has been assigned with the relevant NMI tariff code and is eligible for the relevant Feed-in Tariff; and

g) We are the financially responsible market participant for your supply address.

6. You agree to sell to us, and we agreed to purchase, each kilowatt hour of feed-in electricity at the applicable published Feed-in Tariff rate. subject to energy laws

7. For every kilowatt hour of electricity exported to the grid, you will receive either:

a) Where your facility is eligible, a government regulated Feed-in Tariff; or

b) A non-regulated Feed-in Tariff rate as detailed in your agreement with us.

8. We will give you notice of any change to your published feed-in tariff as soon as practicable in accordance with energy laws.

9. You acknowledge that prior to entering into this agreement we advised you the network tariff payable related to your electricity sales contract may change as a result of this agreement and (if applicable) that we advised you of that new network tariff.

10. Ownership of your feed-in electricity passes to us when it passes through the supply point.

11. Unless otherwise agreed with us in writing, this agreement does not assign to us any rights to Small-Scale Technology Certificates (STCs) or Renewable Energy Certificates (RECs) generated by your facility.

12. You must have a valid and enforceable agreement with your Distributor regarding the connection of your Electricity Generating Facility to the relevant Distribution System.

13. You must comply with all requirements of your distributor, and of the regulatory requirements regarding the ongoing connection of facility and export of energy.

14. You acknowledge that your facility and associated metering equipment will also be disconnected from the distribution system if your electricity supply is disconnected in accordance with the terms and conditions of this agreement.

15. You must provide us with 14 business days prior notice if you intend to alter the installed or nameplate generating capacity of your facility.

16. If you remove or disable your facility from your Supply Address your agreement with us will continue but you will not receive the Feed-in Tariff.

17. You are liable for and must pay all charges, expenses, or costs:

a) arising from the installation, testing, approval, operation, or maintenance of your facility or metering equipment, including those charges, expenses or costs that may be imposed by your distributor; or

b) imposed by a government agency on either us or your distributor in relation to the export of electricity from your facility.

18. If such charges, expenses or costs are imposed on us by your distributor or government agency, we may pass though these charges, expenses or costs at any time to you, by including them on any bill issued by us under this agreement.

19. While you remain our customer, the minimum amount of feed-in credit we will refund is $100. You may request up to four refunds per annum. We will refund monies to the bank account nominated by you.

20. We will provide information on applicable charges, expenses and costs that may arise from the installation, testing and approval of your facility.

21. You understand that changes to the installed capacity of your facility may change your eligibility to receive regulated Feed-in Tariffs.

22. If you are no longer eligible for a regulated Feed-in Tariff, you will automatically become eligible for our non-regulated Feed-in Tariff.

23. All amounts payable or the value of other consideration provided in a respect of a Taxable Supply made in relation to this Feed-In Contract are exclusive of GST (if any).

24. Notwithstanding any other provision in this agreement, if GST is levied or imposed on any Taxable Supply made in connection with a feed-in supply we must pay you, in addition to any amounts payable, or the value of any consideration, for that Taxable Supply, an additional amount equal to the amount of that GST. Subject to clause 28.

25. Where any amount is paid as reimbursement, indemnification or similar payment calculated by reference to a loss, cost, expense or other amount incurred, the amount must be reduced by any Input Tax Credit available to that party and, if a Taxable Supply, must be increased by the GST payable in relation to the Taxable Supply and a Tax Invoice will be provided by the party being reimbursed or indemnified.

26. We acknowledge that we are registered for GST when we enter into this agreement and we will notify you if we cease to be registered for GST.

27. If applicable, you acknowledge that you are registered for GST when you enter into this agreement you will notify us that you are registered and will subsequently notify us if you cease to be registered for GST.

28. If permitted under the GST Act, you agree that:

a) We can issue a Tax Invoice in respect of the Taxable Supply;

b) You will not issue a Tax Invoice in respect of the Taxable Supply;

c) We will issue the original or a copy of the Tax Invoice to You within 28 days of making, or determining, the value of the Taxable Supply.

29. If clause 28 does not apply, you must provide to us a valid Tax Invoice for the advised amount payable, or the advised value of any consideration, for a Taxable Supply made in connection with this agreement and applicable GST.

30. GST credits associated with a feed in tariff, if applicable will be included in the Feed-in Tariff credit on the tax invoice.

31. You:

a) must provide a valid ABN to use in respect of any payments for feed-in electricity made to you if you are carrying on an enterprise and you are required to have an ABN and you are using the facility for business purposes; or

b) warrant that electricity exported by the facility is private and domestic by nature and not related to any business enterprise carried on by you, and for this reason you have not provided an ABN to us because you are not required to have an ABN.

32. You will:

a) if requested by us, provide a ‘No ABN Withholding Declaration’ as soon as practicable;

b) notify us immediately if you have not provided a valid ABN; and

c) indemnify us against any loss suffered by us because of failure by you to provide such notification.

33. If we are required to withhold any amount in respect of tax from a payment to be made to you under this agreement, we are entitled to do so. Such withholding and payment to the relevant taxing authority will be a good discharge of our obligation to pay the relevant amount to you. if we pay an amount to you without withholding an amount in respect of tax, you indemnify us for any loss suffered by you because of us failing to withhold. We will provide you with a payment summary which covers each withheld amount in accordance with section 16-155 in Schedule 1 of the Taxation Administration Act 1953 (CT).

34. You will be solely liable for payment of all taxes (including but not limited to corporate taxes, personal income tax, fringe benefits tax, payroll tax, stamp duty, withholding tax, PAYG, turnover tax and excise and import duties, and any subcontractor’s taxes) which may be imposed in relation to feed-in electricity, the installation, operation or maintenance of the facility or the payments made under this agreement.

 

Glossary

Business day means a day other than a Saturday, a Sunday or a public holiday.

Customer means the person who is buying or wishes to buy electricity from Next Business Energy.

Distributor means the person who operates the system that connects your premises to the distribution network.

Electricity Generating Facility means a facility or installation that generates electricity, which is connected to the distribution system, in accordance with applicable rules, codes and laws.

Energy laws mean national and State and Territory laws and Rules relating to energy and the legal instruments made under those laws and rules.

Energy means electricity or gas.

Feed-in Tariff means a rate or price paid for electricity that is exported to the electricity grid from an Electricity Generating Facility.

Feed-in Tariff contract or Terms and Conditions means the terms and conditions set out in this document.

Facility means Electricity Generating Facility.

GST has the meaning given in the GST Act (A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations).

Meter means a device that measures the flow of energy.

Net Meter means a meter that records net export of energy to the distribution grid from an Electricity Generation Facility.

Network means the distribution and transmission networks used to deliver electricity to your premises.

Premises or site mean the premises where you take supply of electricity from us as specified as set out in your customer agreement.

Supply address means the premise where Next Business Energy is (or has been requested to be) financially responsible for the energy supplied.