EnergySmart Easy Pay Finance

These terms and conditions, together with the Summary contain the terms and conditions upon which you have agreed to borrow the Credit Amount from us. 
In this agreement:

1    Definitions
Credit Amount means the total amount of credit as set out in the Summary. Deposit means the amount as set out in the Summary
Installation Contract means the contract for the supply and installation of insulation/heat pump works at your Property between you and us dated on or about the date of this agreement. Repayments means the repayments of the Credit Amount as set out in the Summary. 
Summary means the summary of key terms of this agreement as set out in on your quote. 

2    Nature of this Agreement
This agreement, and these terms and conditions, apply only if you choose the EnergySmart Easy Pay – 0% Interest Payment Option for the goods and services described in the Installation Contract.

3    Goods and Services
The goods and services supplied under this agreement are those set out in the Summary.

4    Amount of Credit and Payments
4.1    The Credit Amount is as set out in the Summary.
4.2    We will pay you the Credit Amount upon receipt of:
(a)    signed copy of this agreement;
(b)    a signed copy of the Installation Contract;
(c)    payment of the Deposit.
4.3    You agree to pay:
(a)    the Deposit as set out in the Summary; and
(b)    The balance in the amounts and on the due dates set out as Repayments in the Summary.
4.4    Payments must be made by the payment method(s) specified in the Summary.
4.5    You may prepay the full amount owing at any time without penalty.
4.6    Any amount prepaid will not be available for redrawing. 

5    Interest, fees, and charges
5.1    No interest is charged under this agreement.
5.2    No credit fees are charged by EnergySmart for establishing or administering this agreement.
5.3    EnergySmart does not charge default fees of its own. 
5.4    If a Repayment is not made on its due date and the account is referred to a third-party debt collection agency, you must pay the actual and reasonable third-party collection costs we incur in recovering the debt (for example, Baycorp fees and legal filing costs).

6    Your obligations
You must:
(a)    make all Repayments on or before the due dates;
(b)    make payment in accordance with the Payment Methods and ensure you have sufficient funds available for such payment to be made;
(c)    tell us promptly if your contact details change; and
(d)    tell us immediately if you think you will miss a payment.

7    Default
7.1    You are in default if you:
(a)    fail to pay any amount under this agreement when due; or
(b)    fail to comply with any other term of this agreement; or
(c)    are in default under the terms of any other contract with us, including, without limitation, the Installation Contract; or

(d)    are, in our reasonable opinion, insolvent in that you are unable to pay your debts as they fall due or a receiver is appointed over any of your assets or an application is made to a court for an order that you be made bankrupt; or
(e)    provide false or misleading information in your application.
7.2    If you are in default, we may by notice in writing to you:
(a)    require you to pay the Credit Amount and all other amounts payable under this agreement immediately (the Amount Owing); and 
(b)    refer your account to a debt collection agency and/or lawyers to recover debt. 

8    Collection costs
8.1    If your account is referred to a debt collection agency or to lawyers for recovery, you must pay, as part of the debt, the actual and reasonable third-party costs we incur in recovering the Amount Owing.
8.2    These costs may include the debt collector’s costs, legal fees and court filing fees, to the extent permitted by law.

9    Amendments
No amendments to this agreement will be effective unless it is in writing and agreed to by you and us. 

10    Information
10.1    You authorise us to collect, retain and use information about you for the purpose of carrying out credit checks, deciding whether to make the credit available to you, debt collection or marketing.
10.2    You authorise us to obtain credit reports and other information about you from any third party for the purpose set out in 10.1 above. 
10.3    You also authorise us to provide information about you (including information relating to any default in your payment obligations) to any third party for the purpose of that party carrying out credit checks, obtaining credit reports or debt collection. To the extent permitted by law those third parties may hold that information in their systems and use it now and in the future.
10.4    You may ask to see any personal information we hold about you and ask for any details that are wrong to be corrected.

11    General
11.1    In the event there is any conflict between the provision of an Installation Contract and this agreement the conditions of this agreement will prevail. 
11.2    A reference to any legislation in this agreement includes a reference to any amended or substitute legislation and any regulations enacted under that legislation. 
11.3    This agreement is subject to, governed by and interpreted in accordance with New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute in relation to this agreement. 
11.4    Each clause of this agreement is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses will continue to be valid and enforceable. 
11.5    If the Customer under this agreement comprises more than one person or entity then the obligations between those persons under this agreement is joint and several. 
11.6    You should keep a copy of this agreement for your records.