If Buyer fails to provide Seller, with or without cause, with specifications and/or instructions for any of the Products sold under this Agreement, or refuses to accept deliveries or is otherwise in default, terminates or terminates this Agreement or any other contract with Seller or fails to pay when an invoice becomes due under this Agreement; In addition to all legal remedies, the seller refused to switch to Vector without notice, noting that it had agreements with 21 retailers at the time. It stated that this figure refuted any indication of a reduction in competition, adding that some of the additional conditions had been added by retailers and others stemmed from certain operational and reliability reasons. (1) may prevent shipment under this contract or a contract between buyer and seller until such delay, breach or refusal is eliminated and/or standard agreements for the use of the system have been discussed in the energy industry for nearly 20 years. The Electricity Commission, and then the Authority, published model agreements for participants in 2008 and 2012 respectively, in which they felt that increased standardization would reduce costs for retailers and increase competition at the national level. While greater standardization of user agreements – UoSA – is “demonstrably desirable” to improve competition and efficiency in the industry, legislative history shows no evidence that full standardization is expected, he said. Nor did the Authority provide “substantial evidence” that it was necessary to exclude from system use agreements conditions that did not relate exclusively to the regulation of distribution services. They sought further comment on this issue, in particular on the powers of the authority`s predecessor – the Electricity Commission – which had previously imposed quality standards on distributors. The Auckland-based electricity distributor – the country`s largest – has spent much of the past four years resisting the Electricity Authority`s efforts to establish standardised contracts for the use of the systems between grid operators and electricity traders. (e) This document constitutes the entire agreement on the Terms and Conditions between Buyer and Seller with respect to goods or services purchased or supplied and expressly supersedes any prior or contemporaneous written or oral agreement relating to such goods or services. (c) Seller`s waiver of any delay by Buyer under this Agreement shall not be deemed a continued waiver of such default or a waiver of any other delay or any of the terms of such acceptance. In addition to the issue of quality standards for distributors, Justice Kos stated that the Electricity Industry Act of 2010 clearly gave the agency the authority to impose standard distribution conditions in the Industry Code. But little has changed, and in 2016 the authority proposed a model agreement whereby the parties could then vary by mutual agreement.

Seller will not be liable for non-delivery or delay in delivery of goods or services for reasons beyond its control, including, but not limited to, natural phenomena, regulatory measures, fires, labor disputes or inability to obtain components, energy, materials, production or transportation facilities. In the event of such a delay, the date of delivery or service shall be extended by a period corresponding to the time lost due to the delay. In the event that the Seller`s production is restricted for any of the above reasons, the Seller may attribute its production to its various buyers. (4) Remove these goods and refund the purchase price paid by the buyer minus a reasonable amount for use, damage and obsolescence. THIS SECTION SETS FORTH SELLER`S AND BUYER`S SOLE LIABILITY AND LIABILITY FOR ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT BY GOODS SUPPLIED UNDER THIS AGREEMENT OR ANY PART THEREOF. THIS SECTION 8 SUPERSEDES AND REPLACES ALL OTHER WARRANTIES OF INFRINGEMENT, EXPRESS, IMPLIED OR STATUTORY. (2) IN NO EVENT SHALL BUYER`S LIABILITY EXCEED THE AMOUNTS PAYABLE BY BUYER UNDER THIS CONTRACT. (4) SELLER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES EXPRESSLY MARKED AS WARRANTIES AND SET FORTH IN THE CURRENT INSTRUCTIONS FOR USE, THE CATALOG OR ANY OTHER WRITTEN WARRANTY OF SUPPLIER FOR THE PRODUCT.

(1) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF PROFITS, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SELLER`S PERFORMANCE OR NON-PERFORMANCE OR FROM THE SUPPLY, PERFORMANCE OR USE OF GOODS OR SERVICES SOLD UNDER THIS AGREEMENT. “In other words, while the agency advocated greater standardization of UzSAs, it did not do so for full standardization.” Critics argue that Auckland`s size makes it the top market of choice for most retailers, leaving them with little choice but to accept Vector`s terms. (f) Any action in contract or tort must be brought within one year from the date of delivery of the goods/services to the buyer. By using this website, you agree to security monitoring and auditing. For security reasons and to ensure that the public service remains accessible to users, this state computer system uses network traffic monitoring programs to identify unauthorized attempts to upload or modify information, or otherwise cause damage, including attempts to deny service to users. The small size of many other networks also makes it expensive and time-consuming to negotiate terms with each of them to make truly national offers. While consumers in Auckland had 34 brands to choose from last year, they had fewer than 20 on 12 networks and only 12 on the Buller network, the country`s smallest. Vector`s recent appeal, after losing in the high court last year, was backed by major shareholder Entrust.

It found that the EI`s amendments had prevented Vector from requiring retailers to provide it with information about its beneficiaries, i.e. their customers. (3) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES RELATED TO INSTRUMENTS, EQUIPMENT OR DEVICES USED TO USE THE GOODS SOLD UNDER THIS AGREEMENT Please note that this policy is subject to change as the SEC manages SEC.gov to ensure that the Site operates efficiently and remains available to all users. Your request rate has exceeded the maximum number of requests allowed per sec second. Your access to SEC.gov is limited to 10 minutes. (1) to give Buyer the right to use, rent or sell such goods, (b) Buyer shall indemnify and hold Seller harmless from and against any and all costs or losses arising from any infringement of any patent, trademark or copyright resulting from Seller`s compliance with any of Buyer`s designs, Specifications or instructions and defends, at its own expense, including attorneys` fees, any action against the Seller alleging such violations, provided that unauthorized attempts to upload information and/or modify information on any part of this website are strictly prohibited and will be prosecuted under the Computer Fraud and Abuse Act of 1986 and the National Protection Act of the 1996 Information Infrastructure (see 18 U.S. Title.C §§ 1001 and 1030). Vector won a partial victory in its efforts to protect the form of contracts with electricity traders. Photo / 123RF (b) Buyer may not assign its rights or obligations under such acknowledgement without Seller`s prior written consent, and any alleged assignment without such consent shall have no force or effect. For best practices for efficiently downloading information from SEC.gov, including the latest EDGAR submissions, see sec.gov/developer. You can also sign up for email updates in the SEC Open Data program, including best practices that make downloading data more efficient and SEC.gov improvements that can affect scripted download processes. For more information, please contact opendata@sec.gov.

(d) These T&Cs may only be replaced, modified or supplemented in writing if such modification exists and is signed by an authorized representative of each party, provided that seller may, however, modify the specifications of the Goods sold under this Agreement if such modification does not alter the form, fit or function of such Goods. Note: We do not provide technical support for developing or debugging scripted download processes. (a) The sale of Goods shall be subject to the Uniform Commercial Code and other laws of the State of California and Santa Clara County, California, shall be the appropriate venue for the resolution of any dispute under this Agreement. All payments are due and payable thirty (30) days from the date of invoice. For all invoices that are not paid within 30 days, a service fee of 1 1/2% per month will be charged. Last week, the company won a partial victory when the Court of Appeal ruled two parts of a code change planned by the agency that would have limited the issues on which companies could negotiate their own terms illegal. And the court can further limit the powers of authority. President Stephen Kos and Justices Helen Winkelmann and Raynor Asher could not agree on whether the agency`s proposal had strayed into the territory of the Trade Commission, which determines the quality of services, which it is prohibited from doing. .