Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for: (a) any failure to convey electricity to the extent that: (i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents; (ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either: (A) a failure to convey or reduction of injection or supply of electricity into the Network; or (B) an interruption in the conveyance of electricity in the Network; (iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises; (iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4; (v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or (vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or (b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or (c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or (d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 22 contracts
Sources: Distributor Agreement, Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyedconveyed or nonconformity with harmonic voltage and current levels.
(d) any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or
(e) any failure originating with a fault in an embedded generator or distributed generation connected to the Network, or
(f) any failure to the extent that such failure arises:
(i) due to a extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(dii) nonconformity due to a Force Majeure Event; or
(iii) as a result of vegetation impacting on or interfering with regulated harmonic voltage and current levels where this nonconformity is because the Network (other than vegetation under control of the use Distributor); or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this agreement.
Appears in 7 contracts
Sources: Default Distributor Agreement, Default Distributor Agreement, Default Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or.
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; conveyed or nonconformity with harmonic voltage and current levels, or
(d) nonconformity any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or
(e) any failure originating with regulated harmonic voltage and current levels where this nonconformity is because a fault in an embedded generator or distributed generation connected to the Network, or
(f) any failure to the extent that such failure arises:
(i) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding, or
(ii) due to a Force Majeure Event, or
(iii) as a result of vegetation impacting on or interfering with the Network (other than vegetation owned by or under the control of the use Distributor), or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this Agreement.
Appears in 4 contracts
Sources: Distributor Agreement, Distribution Agreement, Distribution Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any defect or interruption in the supply of electricity, including due to any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) conveyed or nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of levels, despite the use of Fittings and Appliances by someone other than the DistributorDistributor having acted in accordance with Good Electricity Industry Practice.
Appears in 3 contracts
Sources: Default Distribution Agreement, Default Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(a) (b) apply, insert as clause 24.5
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity a recorded term setting out those exclusions. If no additional exclusions apply, it is because of the use of Fittings and Appliances by someone other than the Distributor.not necessary to insert a clause 24.5
Appears in 2 contracts
Sources: Distributor Agreements, Distributor Agreements, Arrangements, and Other Provisions
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations liability:
(i) arising out of a claim against the Trader by a contractual counterparty to the Trader to the extent the liability could have been avoided had any contract between the Trader and counterparty excluded, to the extent permitted by law, all liability of the Trader in respect of the voltage provision of services, or frequency conveyance of electricity conveyedelectricity, to the counterparty or any other person; or
(dii) nonconformity with regulated harmonic voltage and current levels where to the extent that it arises out of:
(A) the Trader’s breach of this nonconformity is because Agreement, negligence or failure to exercise Good Electricity Industry Practice; or
(B) any of the use circumstances set out in clause 27.1(a)(i)-(vi); or
(iii) except to the extent the Service Standards expressly impose any liability on the Distributor in the circumstances, arising:
(A) in relation to an interruption in the supply of Fittings and Appliances electricity, or the failure of the Network (or any part of it); or
(B) due to the voltage, frequency or harmonics of the electricity supplied. Each reference to “liability” in this clause 24.5(c) is to all liabilities that can lawfully be excluded by someone other than the Distributorcontract, whether arising by way of contract, tort (including negligence) or equity, or under indemnity or statute, or otherwise.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(A) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(B) due to a Force Majeure Event; or
(C) as a result of vegetation impacting on or interfering with the Network (other than vegetation under the control of the Distributor); or
(D) as a result of animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals. any defect or interruption in the supply of electricity despite the Distributor having acted in accordance with Good Electricity Industry Practice, including:
(i) any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(ii) any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network; or
(iii) any failure originating with a fault in an embedded generator or distributed generation connected to the Network; or
(iv) any failure to the extent that such failure arises:
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity ornonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 2 contracts
Sources: Distribution Agreement, Default Distribution Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; conveyed or nonconformity with harmonic voltage and current levels, or
(d) nonconformity any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or
(e) any failure originating with regulated harmonic voltage and current levels where this nonconformity is because a fault in an embedded generator or distributed generation connected to the Network, or
(f) any failure to the extent that such failure arises:
(i) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(ii) due to a Force Majeure Event; or
(iii) as a result of vegetation impacting on or interfering with the Network (other than vegetation under the control of the use Distributor); or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this Agreement.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Distributor not liable. Except as provided in clause 2526.10, the Distributor will not be liable for:
(a) any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer Consumer or other person excluding the Distributor and its officers, employees, employees or agents;; or
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in eitherfrom:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;, if the failure or interruption was requested by the System Operator or was done under a nationally or regionally coordinated response to a shortage of electricity; or
(iii) such failure arises from any defect or abnormal conditions in or about any CustomerConsumer’s Premises;; or
(iv) the Distributor was taking any action in accordance with this Agreement agreement including clause 4.4;5.4; or
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Ownerthe Transmission Provider, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transmission Provider and the System Operator or Grid Owner Transmission Provider has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the Trader's Retailer’s proportionate share of such payment having regard to all other traders interposed retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene); or
(vii) such failure has arisen notwithstanding that the Distributor has acted in accordance with Good Electricity Industry Practice, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreementagreement; or
(bc) any failure to perform any obligation under this Agreement agreement caused by the Trader's Retailer’s failure to comply with this Agreementagreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributoragreement.
Appears in 2 contracts
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyedconveyed or nonconformity with harmonic voltage and current levels.
(d) any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or
(e) any failure originating with a fault in an embedded generator or distributed generation connected to the Network, or
(f) any failure from physical damage to the Network caused by a third party; or
(dg) nonconformity any failure to the extent that such failure arises:
(i) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding, or
(ii) due to a Force Majeure Event, or
(iii) as a result of vegetation impacting on or interfering with regulated harmonic voltage and current levels where this nonconformity is because the Network (other than vegetation owned by or under the control of the use Distributor), or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this Agreement.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided for in clause 2518.9, the Distributor will not be liable for:
(a) any failure momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any Service Interruption or alteration to convey the supply of electricity to the extent thatan ICP arising from any cause including:
(i) such Load Shedding;
(ii) Planned Service Interruptions;
(iii) Unplanned Service Interruptions due to the partial or entire failure arises from of the Network;
(iv) any act or omission of any Customer or other person (excluding the Distributor and its officers, employees, employees or agents);
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(Av) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iiivi) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(ivvii) action being taken by the Distributor was taking any action in accordance with this Agreement including clause 4.4agreement;
(vviii) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, the Transmission Provider unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transmission Provider and the System Operator or Grid Owner Transmission Provider has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the TraderRetailer's proportionate share of such payment having regard to all other traders interposed retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(viix) such failure arises because if the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure interruption or alteration is caused or contributed to by the Distributor not acting in accordance with this Agreementagreement; or
(bc) any failure to perform any obligation under this Agreement agreement caused by the TraderRetailer's failure to comply with this Agreementagreement, except to the extent that the failure is caused by or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributoragreement.
Appears in 1 contract
Sources: Use of System Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or;
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or;
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) conveyed or nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributorlevels.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) : any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) or any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) or any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) or nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's ’s proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or.
(b) any failure to perform any obligation under this Agreement caused by the Trader's ’s failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25Error! Reference source not found., the Distributor will not be liable for:
(a) : any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, Generator or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) or any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) or any momentary fluctuations in the voltage or frequency of electricity conveyedconveyed or nonconformity with harmonic voltage and current levels, or any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or any failure originating with a fault in an embedded generator or distributed generation connected to the Network, or any failure to the extent that such failure arises:
(i) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(dii) nonconformity due to a Force Majeure Event; or
(iii) as a result of vegetation impacting on or interfering with regulated harmonic voltage and current levels where this nonconformity is because the Network (other than vegetation under the control of the use Distributor); or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this Agreement.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
i) any defect or interruption in the supply of electricity, including due to any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels, or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) except to the extent that a failure described in clause 24.5(c)(ii) – (iv) below is caused or contributed to by the Distributor not acting in accordance with this Agreement:
(i) any momentary fluctuations in the voltage or frequency of electricity conveyedconveyed or nonconformity with harmonic voltage and current levels, or
(ii) any failure originating within an embedded network, within the System Operator’s network, or within a generator connected to System Operator’s network, or
(iii) any failure originating with a fault in an embedded generator or distributed generation connected to the Network, or
(iv) any failure to the extent that such failure arises:
(A) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(dB) nonconformity due to a Force Majeure Event; or
(C) as a result of vegetation impacting on or interfering with regulated harmonic voltage and current levels where this nonconformity is because the Network (other than vegetation under the control of the use Distributor); or
(D) as a result of Fittings and Appliances by someone other than animals or wildlife contacting or interfering with the DistributorNetwork, including but not limited to birds, possums, vermin, cats, insects or domesticated animals.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's ’s proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's ’s failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; conveyed or nonconformity with harmonic voltage and current levels, or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributor.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) : any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, Generator or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) or any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) or any momentary fluctuations in the voltage or frequency of electricity conveyedconveyed or nonconformity with harmonic voltage and current levels, or any failure originating within an embedded network, within Transpower’s network, or within a generator connected to Transpower’s network, or any failure originating with a fault in an embedded generator or distributed generation connected to the Network, or any failure to the extent that such failure arises:
(i) due to extreme weather, geological or seismic event, fire (originating from an external source) or flooding; or
(dii) nonconformity due to a Force Majeure Event; or
(iii) as a result of vegetation impacting on or interfering with regulated harmonic voltage and current levels where this nonconformity is because the Network (other than vegetation under the control of the use Distributor); or
(iv) as a result of Fittings and Appliances animals or wildlife contacting or interfering with the Network, including but not limited to birds, possums, vermin, cats, insects or domesticated animals, except to the extent that the failure is caused or contributed to by someone other than the DistributorDistributor not acting in accordance with this Agreement.
Appears in 1 contract
Sources: Distributor Agreement
Distributor not liable. Except as provided in clause 2526.10, the Distributor will not be liable for:
(a) any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer Consumer or other person excluding the Distributor and its officers, employees, employees or agents;; or
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in eitherfrom:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) if the failure or interruption was requested by the System Operator or was done under a nationally or regionally coordinated response to a shortage of electricity; or
(iv) such failure arises from any defect or abnormal conditions in or about any CustomerConsumer’s Premises;; or
(ivv) the Distributor was taking any action in accordance with this Agreement agreement including clause 4.4;5.4; or
(vvi) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Ownerthe Transmission Provider, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transmission Provider and the System Operator or Grid Owner Transmission Provider has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the Trader's Retailer’s proportionate share of such payment having regard to all other traders interposed retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vivii) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene); or
(viii) such failure has arisen notwithstanding that the Distributor has acted in accordance with Good Electricity Industry Practice, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreementagreement; or
(bc) any failure to perform any obligation under this Agreement agreement caused by the Trader's Retailer’s failure to comply with this Agreementagreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributoragreement.
Appears in 1 contract
Sources: Use of System Agreement
Distributor not liable. Except as provided in clause 2527.8, the Distributor will not be liable for:
(a) any momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer Consumer or other person excluding the Distributor and its officers, employees, employees or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in eitherfrom:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;,
(iii) such failure arises from any defect or abnormal conditions in or about any CustomerConsumer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement agreement including clause 4.46.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, Generator or a Grid OwnerTranspower, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transpower and the System Operator or Grid Owner Transpower has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the TraderRetailer's proportionate share of such payment having regard to all other traders retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or;
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene); or
(vii) such failure has arisen notwithstanding that the Distributor has acted in accordance with Good Electricity Industry Practice,
(c) any failure to perform any obligation under this agreement caused by the Retailer's failure to comply with this agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributoragreement.
Appears in 1 contract
Sources: Use of System Agreement
Distributor not liable. Except as provided for in clause 2518.8, the Distributor will not be liable for:
(a) any failure momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any Service Interruption or alteration to convey the supply of electricity to the extent thatan ICP arising from any cause including:
(i) such Load Shedding;
(ii) Planned Service Interruptions;
(iii) Unplanned Service Interruptions due to the partial or entire failure arises from of the Network;
(iv) any act or omission of any Connected Customer or Consumer or other person (excluding the Distributor and its officers, employees, employees or agents);
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(Av) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iiivi) such failure arises from any defect or abnormal conditions in or about any Customer’s Connected Premises;
(ivvii) action being taken by the Distributor was taking any action in accordance with this Agreement including clause 4.4agreement;
(vviii) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, the Transmission Provider unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transmission Provider and the System Operator or Grid Owner Transmission Provider has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the TraderRetailer's proportionate share of such payment having regard to all other traders interposed retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(viix) such failure arises because if the Distributor is prevented from making necessary repairs (for example by police at an accident scene), ,
(x) except to the extent that the failure interruption or alteration is caused or contributed to by the Distributor not acting in accordance with this Agreementagreement; or
(bc) any failure to perform any obligation under this Agreement agreement caused by the TraderRetailer's failure to comply with this Agreementagreement, except to the extent that the failure is caused by or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the Distributoragreement.
Appears in 1 contract
Sources: Use of System Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any defect or interruption in the supply of electricity, including due to any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) conveyed or nonconformity with regulated harmonic voltage and current levels where levels, despite the Distributor having acted in accordance with this nonconformity is because of the use of Fittings Agreement and Appliances by someone other than the DistributorGood Electricity Industry Practice.
Appears in 1 contract
Sources: Distribution Agreement
Distributor not liable. Except as provided in clause 25, the Distributor will not be liable for:
(a) any failure to convey electricity to the extent that:
(i) such failure arises from any act or omission of any Customer or other person excluding the Distributor and its officers, employees, or agents;
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(A) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iii) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(iv) the Distributor was taking any action in accordance with this Agreement including clause 4.4;
(v) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner and the System Operator or Grid Owner has paid the Distributor under the relevant service guarantee, in which case the Distributor will be liable to the Trader only to the extent of the Trader's proportionate share of such payment having regard to all other traders and all customers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(vi) such failure arises because the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(b) any failure to perform any obligation under this Agreement caused by the Trader's failure to comply with this Agreement, except to the extent that the failure is caused or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any defect or interruption in the supply of electricity, including due to any momentary fluctuations in the voltage or frequency of electricity conveyed; or
(d) conveyed or nonconformity with regulated harmonic voltage and current levels where this nonconformity is because of levels, provided that the use of Fittings and Appliances by someone other than the DistributorDistributor has acted in accordance with Good Electricity Industry Practice.
Appears in 1 contract
Sources: Default Distributor Agreement
Distributor not liable. Except as provided for in clause 2518.9, the Distributor will not be liable for:
(a) any failure momentary fluctuations in the voltage or frequency of electricity conveyed or nonconformity with harmonic voltage and current levels; or
(b) any Service Interruption or alteration to convey the supply of electricity to the extent thatan ICP arising from any cause including:
(i) such Load Shedding;
(ii) Planned Service Interruptions;
(iii) Unplanned Service Interruptions due to the partial or entire failure arises from of the Network;
(iv) any act or omission of any Customer or other person (excluding the Distributor and its officers, employees, employees or agents);
(ii) such failure arises from a request by the System Operator or any action taken as a result of a nationally or regionally coordinated response to a shortage of electricity that results in either:
(Av) a failure to convey or reduction of injection or supply of electricity into the Network; or
(B) an interruption in the conveyance of electricity in the Network;
(iiivi) such failure arises from any defect or abnormal conditions in or about any Customer’s Premises;
(ivvii) action being taken by the Distributor was taking any action in accordance with this Agreement including clause 4.4agreement;
(vviii) such failure arises from any act or omission of the System Operator, a Generator, or a Grid Owner, the Transmission Provider unless and to the extent that the Distributor has obtained a service guarantee from the System Operator or Grid Owner Transmission Provider and the System Operator or Grid Owner Transmission Provider has paid the Distributor under the relevant service guarantee, in which case the Distributor will only be liable to the Trader only Retailer to the extent of the TraderRetailer's proportionate share of such payment having regard to all other traders interposed retailers and all customers consumers affected by the relevant event, as determined by the Distributor (acting reasonably); or
(viix) such failure arises because if the Distributor is prevented from making necessary repairs (for example by police at an accident scene), except to the extent that the failure interruption or alteration is caused or contributed to by the Distributor not acting in accordance with this Agreementagreement; or
(bc) any failure to perform any obligation under this Agreement agreement caused by the TraderRetailer's failure to comply with this Agreementagreement, except to the extent that the failure is caused by or contributed to by the Distributor not acting in accordance with this Agreement; or
(c) any momentary fluctuations in the voltage or frequency of electricity conveyedagreement; or
(d) nonconformity any breach associated with regulated harmonic voltage and current levels where this nonconformity is because of the use of Fittings and Appliances by someone other than the DistributorRetailer’s agreement with a Customer.
Appears in 1 contract
Sources: Use of System Agreement