Frank's Buy-back Special Terms and Conditions

Introduction
At Frank Energy, our aim is to sell it to you straight – and that means we’ll tell it to you straight too. These special terms and conditions are in addition to and form part of Frank Energy's Standard Terms and Conditions for customers who operate, or wish to operate a Buy-back facility at their premises.
For the purposes of these special terms and conditions, a Buy-back facility is a facility installed at your premises and connected to the network that generates electricity and has a maximum generating capacity of 50kW. Electricity produced from a Buy-back facility which is over and above your requirements at the premises that is exported into the network with agreement from the network company is called exported electricity.
These special terms and conditions will only apply to customers with a valid connection contract with the distributor in accordance with Part 6 of the Electricity Industry Participation Code 2010 and can provide confirmation from the distributor of such contract. To be clear, these special terms and conditions will apply to customers who are existing Frank Energy Buy-back customers on or before 22 February 2022 and will continue to apply after that date.
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​Using Buy-back and eligibility
You may from time to time use a Buy-back facility instead of taking electricity supply from Frank Energy and may supply exported electricity to Frank Energy in accordance with these Special Terms and Conditions.
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You must inform Frank Energy of your GST registration status prior to the first electricity supply you make to Frank Energy and, if you are GST registered, we reserve the right to decline your application. Where you are GST registered pursuant to the Goods and Services Act 1985, you must provide Frank Energy with your GST registration number. You must notify Frank Energy if your GST registration status subsequently changes.
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You will sell and Frank Energy will purchase any exported electricity provided that:
• You are a current electricity supply customer of Frank Energy;
• The imported and exported electricity is metered with metering equipment supplied by Frank Energy or its nominated Metering Company to an accuracy and reliability that is approved and certified in accordance with part 10 of the Electricity Industry Participation Code 2010;
• You have made and maintain all necessary contractual and physical arrangements with the network company in order to connect the Buy-back facility to the network and supply electricity into the network;
• You ensure the Buy-back facility and your operation of the same complies with any relevant standards and/or statutory or regulatory requirements;
• You shall be responsible for the safe operation of the Buy-back facility and for any damage caused to the facility itself or to any other property or person as a result of the operation of the Buy-back facility (including without limitation for any voltage fluctuations or other matters concerning the quality of the electricity supply, your points of supply which may damage sensitive electrical equipment or concerning the local supply on the network);
• Where appropriate, you shall arrange public liability insurance in relation to the operation of the Buy-back facility;
• You shall remain responsible for arranging any required insurance to cover the risk of damage caused by any power fluctuations and for installing back-up devices or making other arrangements to protect your equipment or meeting its special needs or the requirements of the network company; and
• Frank Energy may end the arrangement to purchase any exported electricity from the you by written notice to you where any of these special terms and conditions are not being met or where, in Frank Energy's sole discretion, the Buy-back facility is being operated in a manner which is likely to cause damage or injury to any property or person.
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​Metering and payment
Frank Energy will pay you for any exported electricity at the rates per kWh (plus GST if you are GST registered) advised from time to time to you by way of a credit on your energy supply account Invoices. Interest shall not accrue or be payable on any credit balances.
You are responsible for advising Frank Energy if you are registered for GST purposes, or if your GST registration status changes. As we explained above, if you are GST registered, Frank Energy reserves the right to decline your application. Frank Energy may require evidence to confirm this registration. If you are GST registered and Frank Energy accepts your application for supply or if GST registration is disclosed post-application acceptance, Frank Energy will honour such GST requirements and issue you with a tax invoice for each taxable supply made by you pursuant to these special terms and you will not issue a tax invoice for that supply. Frank Energy will pay you, in addition to any other amount payable by Frank Energy pursuant to these special terms, an amount equal to GST shown in the tax invoice. This GST will be paid at the same time as we pay you for your generated electricity.
In the event that it is not possible for Frank Energy to determine the details of the quantity of exported electricity due to a failure or inaccuracy in the metering equipment or in the event that you dispute Frank Energy's calculation of the quantity of exported electricity, then the quantity of exported electricity shall be Frank Energy's reasonable estimate for the relevant period of the Buy-back facility generation less your consumption during the relevant period based on historical information and having regard to your previous generation, exportation and consumption profiles.
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​Complaints
If you have a complaint, please contact us. Our contact details are on our website and we have an internal resolutions process that aims to work with you to resolve any complaint with 20 working days (unless we tell you we need more time to investigate or resolve your complaint). We are also a participant in the free “Energy Complaints Scheme” provided by Utilities Disputes Limited – you may also file a complaint with them at any time.
We may at any time transfer to someone else all or any part of our rights and/or obligations under this agreement. We will let you know if we do this. We may also sub-contract or delegate our rights and/or obligations under this agreement to other people or companies.
We reserve the right to change these special terms and conditions at any time. Updated terms will be uploaded to our website. We will not necessarily give you notice of an update to these terms unless we reasonably believe they will have an adverse effect on you, so please check back regularly.

Last updated: 22 February 2022