Order LPG for your home.

Terms and Conditions

1. Introduction
1. These are the terms and conditions on which Elgas Limited agrees to supply Gas and Equipment to You.
2. The effective date of these terms and conditions is the earlier of the delivery date of Your first Gas cylinder or of Your first Gas supply.
3. Definitions used for the purposes of these terms and conditions of supply:
1. “Agreement” means these Terms and Conditions;
2. “Equipment” means the Gas cylinder(s) and any other Gas supply equipment supplied to You by Us;
3. “Gas” means Liquefied Petroleum Gas supplied to You by Us;
4. “We”, “Us” or “Our” means Elgas Limited;
5. “Property” means the property to which We will deliver Gas and Equipment under this Agreement;
6. “You” and “Your” means the customer party to this Agreement.
4. We may make changes to this Agreement (including to pricing) at any time and from time to time. We will notify You of any changes by writing to You at least two weeks before changes come into effect (You acknowledge and agree that such written notice may be included in an invoice sent to You under Clause 6.2 of this Agreement).
5. Notices and invoices under this Agreement will be delivered to your Property or mailed or sent to your last known physical or postal address.
2. Equipment
1. We will deliver the Equipment to You and You will pay Us for rental for the use of the Equipment. The rental is an annual sum payable in advance at the beginning of each 12-month period of this Agreement.
2. The Equipment will remain Our property at all times. You may not sell, rent, charge, transfer or part with possession of the Equipment or create a security interest in the Equipment under the Personal Property Securities Act 1999 (NZ) without Our prior written consent.
3. You will keep the Equipment safe, in good condition and on the Property. You will notify Us of any damage to the Equipment and will not undertake any work on the Equipment except where authorised by Us. Subject to Clause 7.2, You will pay Us the full replacement or repair cost in respect of any lost or damaged Equipment (except where We have caused the loss or damage).
4. We may come into the Property to inspect the Equipment at any time, provided We give reasonable notice. Normally We will only access Your
   Property during business hours. However in the case of an emergency You will need to allow Us immediate access if required.
5. Except as allowed under Clause 2.6 You will not refill or allow the refilling of the Equipment or let the Equipment be used otherwise than for storage, transport or use of Gas placed in the Equipment by Us.
6. If We are unable to supply Gas, You may use the Equipment for handling Gas obtained from another source, provided that You notify Us in advance. We will have no liability whatever in relation to any such supply and You will indemnify US against all claims, costs, expenses or liabilities resulting from such supply.
3. Gas Supply
1. We will supply such Gas as You reasonably require into the Equipment. You agree to buy all your requirements of Gas for Your Property from Us.
2. You will not hold Us liable for any loss or damage if We are unable to supply Gas to You for a reason beyond Our control. We may ration Our available supplies of Gas if there is likely to be a supply shortage of Gas.
3. We will supply Gas into Your owned gas cylinders and storage vessels considered suitable by Us only by special arrangement with You. Such supply is subject to gas cylinder and storage vessel examination and testing when necessary in accordance with Our procedures and applicable statutory requirements at Your cost.
4. You will not use the Equipment to decant Gas into other containers, and will not on-sell, distribute or otherwise transfer any Gas supplied by Us.
4. Safety
1. You will Use the Gas and Equipment in a manner which complies at all times with any relevant laws and regulations and with any instructions and Material Safety Data Sheets provided by Us. We may suspend delivery of Gas at any time, and will not be liable to You in any way for doing so, if We think that the Property is unsafe or if We consider the delivery conditions at the Property represent a hazard to Our delivery drivers.
2. You will ensure that Your current Gas installation has been certified by a registered Gasfitter in accordance with regulations under the Gas Act 1992 (and provide Us with reasonable proof of this if requested by Us). If You store more than 100kgs of Gas (for example have more than the standard two 45kg cylinders) on the Property, You must obtain a current site location certificate in accordance with the Hazardous Substances and New Organisms Act 1996 and associated regulations.
3. You will use all Gas and Equipment in a safe and prudent manner, notify Us immediately if You suspect any defect in the Equipment and not relocate, remove or tamper or interfere with any Equipment.
5. Delivery, Risk and Title
1. We will use Our reasonable endeavours to deliver the Gas to You within 5 working days of receiving Your instructions. Deliveries will be made in
   normal business hours unless otherwise agreed with You.
2. If urgent delivery is required within 24 hours or outside Our usual business hours, We will consider all requests and if We are able to deliver, We will
   do so. You must pay Us a fee (in accordance with Our delivery rates) for any such urgent delivery or deliveries outside Our normal business hours.
3. You must provide Us with safe and easy access to the Property (including keeping any dog or other dangerous animals under control) to enable Property.
4. Gas is deemed to have been delivered at the earlier of the time when the Gas Cylinders are unloaded at the Property or when the Gas passes into the hose connection at the filling point of the Equipment at the Property, and property and risk in the Gas passes from Us to You upon delivery.
5. Our weights, records and measurements will be accepted as prima facie evidence of the quantities of Gas and Equipment delivered to You. Our delivery note will be conclusive evidence as to the Gas and Equipment delivered.
6. We will be under no obligation to deliver Gas to You if and for so long as You are in default of any obligation under this Agreement (including payment of any amount owing by You to Us plus any interest charged).
7. Risk in the Equipment (including any Gas in any such Equipment) will pass back to Us when We collect the Equipment.
6. Prices/Fees and Payment
1. Unless We have agreed otherwise with You in writing, You will be charged for the Gas accordance with the price at the time of delivery notified from time to time by Us to You.
2. Each month, You will receive an invoice for Our charges for Gas unless, as at the date that such invoice would otherwise be issued, there has been no activity on Your account under this Agreement since the period covered by the previous tax invoice sent by Us to You under this Agreement.
3. All monies owing by You to Us must be paid in full without deduction or set off by the due date on Your invoice (being the 20th of the following month). These monies may include any rental for the Equipment invoiced pursuant to Clause 2.1 and any other fees invoiced and payable under this Agreement.
4. You will pay any costs incurred by Us (including debt collection fees and solicitors’ costs) in recovering or attempting to recovery any outstanding monies from You.
7. Liability and Exclusions
1. Except to the extent provided in the Consumers Guarantees Act 1993, We shall not be liable to You, or to anyone else for any breach of this Agreement for any expenses, losses or damage (whether foreseeable or not) to You, other persons or to any property. To the extent We are liable, Our liability will (to the extent permitted by law) be limited to the price paid by You for the Gas and Equipment supplied by Us which gave rise to the claim. We are not liable in any circumstances for consequential losses, indirect losses, loss of profits or similar claims.
2. To the extent permitted by law, We are not liable for any loss or damage arising from an event beyond Our control and which prevents Us from carrying out Our responsibilities under this Agreement.
3. You indemnify Us in respect of all claims, demands, actions, suits, proceedings, damages, losses and expenses of any nature, arising out of or in connection with any damage or loss to any third party from the Gas and/or Equipment while they are in Your possession.
8. Termination
1. You may terminate this Agreement at any time in writing or by contacting an Elgas branch.
2. We may terminate this Agreement at any time by giving You 7 days written notice. We may terminate this Agreement immediately and without
notice if You:
1. fail to pay any money payable to Us under this Agreement by the due date for payment; or
2. tamper or interfere with any Equipment or breach any terms of this Agreement.
3. You agree that upon termination of this Agreement You will not be entitled to any refund (in whole or in part) of the rental for the Equipment (unless You have punctually performed all Your obligations under this Agreement for a continuous period of more than one year) and that You will:
1. pay Us for all amounts owing by You to Us under this Agreement;
2. allow Us to immediately enter the Property and collect the Equipment.
4. If You move house or leave the Property permanently, You must give Us at least three weeks written notice prior to vacating the Property. This time allows Us to either make arrangements with You in respect to Your new property and with the new owner of the Property or to terminate this Agreement. If You do not give Us three weeks notice, You will be liable to pay for Gas used at the Property and any damage to, or loss of, the Equipment until such time as this Agreement is terminated.
5. If the new occupier of the Property does not immediately enter into an Agreement with Us, We will collect the Equipment from the Property as soon as reasonably practical (but will not be liable to You for any delay in collecting the Equipment).
9. Privacy Act
1. You agree to provide all relevant information requested by Us. To the extent that such information is personal information for the purposes of the Privacy Act 1993, the collection, use, disclosure, storage and security of that information (and Your access to it) is governed by Our Privacy Policy. Our Privacy Policy can be found at www/elgas.co.nz

Variable

By signing up to the Variable Price Plan, you acknowledge that your LPG price is variable and may change each month. Your LPG price will be the price as displayed in the ELGAS MyAccount online and current at the time of delivery. You price may increase, decrease or stay the same from month to month Price movements are based on many factors including world LPG pricing, exchange rate fluctuations, haulage and transport costs, change in law, change in tax, road fuel excise, local costs of supply and other commercial considerations and their application may vary in timing and magnitude. ELGAS will not send price change notifications, and you agree that you will check the current price on the ELGAS MyAccount prior to placing an order. You can also contact your local ELGAS Branch to confirm your current price. There are no lock-in contracts, and you can leave this plan whenever you wish with no termination fee. Standard Terms and Conditions apply

By signing up to the Variable Price Plan, you acknowledge that your LPG price is variable and may change each month. Your LPG price will be the price as displayed in the ELGAS MyAccount online and current at the time of delivery. You price may increase, decrease or stay the same from month to month Price movements are based on many factors including world LPG pricing, exchange rate fluctuations, haulage and transport costs, change in law, change in tax, road fuel excise, local costs of supply and other commercial considerations and their application may vary in timing and magnitude. ELGAS will not send price change notifications, and you agree that you will check the current price on the ELGAS MyAccount prior to placing an order. You can also contact your local ELGAS Branch to confirm your current price. There are no lock-in contracts, and you can leave this plan whenever you wish with no termination fee. Standard Terms and Conditions apply

Fixed

Valid to ELGAS residential 45kg cylinder exchange customers only. Domestic Standard Terms and Conditions of supply available at www.elgas.co.nz/terms-and-conditions. The length of the contract is the date you sign the fixed term contract + 12 months.

Customers signing up to this fixed term contract will receive the following: $165 incl GST gas price per cylinder fixed until 31 December 2025, Rental price fixed at customers current rate until 31 December 2025. An early termination fee of $250.00 incl GST will apply if you cancel your contract within the initial term. This offer is not transferable or redeemable for cash.

ELGAS reserves the right to amend these Terms and Conditions in any way up to the end date. This promotion cannot be redeemed in conjunction with any other offer. The effective dates of these terms and conditions is the earlier of the of your delivery date of your first cylinder or of your first gas supply.