Airshed

AIRSHED Energy Terms and Conditions

These terms and conditions will apply to all AIRSHED Energy and AIRSHED Energy For Business purchases. These terms and conditions may be revised from time to time. The revised terms and conditions will be posted on the AIRSHED website.

1. Website

1.1 AIRSHED has made all reasonable efforts to make sure that the contents of this site are accurate. However, AIRSHED makes no representations or warranties of any kind relating to the operation of this site or its contents.

1.2 Except as provided in clause 6.1:

1.2.1 to the extent allowed by law, AIRSHED will not be liable for any damage or loss whatsoever suffered or incurred by anyone that uses this site, as a result (directly or indirectly) of them using the site or relying on its contents; and

1.2.2 if, for whatever reason, we cannot rely on this exclusion of liability, our total liability to you for any damage or loss whatsoever (in contract, tort or otherwise) will not exceed the cost to you of accessing this website.

2. AIRSHED Energy

2.1 AIRSHED is not a retailer of electricity. AIRSHED is an energy credit supplier on the Powershop website. AIRSHED shall have no liability whatsoever in relation to your electricity supply.

2.2 AIRSHED calculates the emissions from each unit of AIRSHED Energy and AIRSHED Energy For Business sold by using the most up-to-date emissions factors for the generation, transmission and distribution of electricity in New Zealand, published by the Ministry for the Environment.

2.3 AIRSHED Energy products are not carbon neutral products.

3. AIRSHED Energy

3.1 For each unit of AIRSHED Energy sold, AIRSHED will instruct myclimate to retire Gold Standard carbon offsets that, when delivered, will offset the emissions from the generation, transmission and distribution of that unit of energy.

3.2 AIRSHED will purchase these emission reductions from myclimate on an undelivered basis, with myclimate agreeing with AIRSHED to retire these emission reductions, once the carbon offsets are delivered. myclimate, under its agreement with AIRSHED, has agreed to purchase equivalent emission reductions on AIRSHED’s behalf if its projects are unable to deliver these carbon offsets.

3.3 All AIRSHED Energy emission reduction purchases are made by AIRSHED at the end of each calendar quarter. Purchases are made in respect of AIRSHED Energy sales from the preceding quarter.

3.4 AIRSHED pools all AIRSHED Energy emission reduction purchases and myclimate retires these in AIRSHED’s name. Customers do not acquire any ownership of or any interest in any AIRSHED Energy emission reduction purchases.

3.5 AIRSHED records all emission reduction purchases on its register.

4. AIRSHED Energy For Business

4.1 AIRSHED Energy For Business is for customers who want to use AIRSHED Energy For Business carbon offsets in a carbon certification programme (a Certification Customer).

4.2 As a Certification Customer you:

4.2.1 agree to purchase a carbon offset “top up” from AIRSHED at the end of your carbon accounting period to enable a whole number of carbon offsets to be retired in your name;

4.2.2 pay the “top up” charge when due for payment.

4.3 AIRSHED Energy For Business customers must give AIRSHED at least 30 days notice of the balance date of their carbon accounting period. AIRSHED will invoice you for the “top up” payment within 15 days following your balance date. “Top up” payments will be calculated at AIRSHED’s then prevailing price for AIRSHED ENERGY For Business carbon offsets.

4.4 Subject to compliance with clauses 4.2 and 4.3, AIRSHED will, within 15 days of payment of your “top up” payment, provide you with an offset notice recording the number of Gold Standard carbon offsets that AIRSHED will retire in your name and the carbon offset registration numbers for those units.

4.5 AIRSHED undertakes to retire in the name of the Certification Customer on the relevant registry, the units set out in the Certification Customer certificate, within 30 days of it issuing the offset notice.

4.6 AIRSHED gives no representation or warranty that the carbon offsets retired in the name of a Certification Customer will fully offset the emissions from the units of AIRSHED Energy For Business purchased by a Certification Customer. The extent to which carbon offsets retired in the name of Certification Customers fully offset the emissions from the units of AIRSHED Energy For Business purchased by a Certification Customer will depend on the emissions factors used and calculations made by a Certification Customer’s carbon certifier.

4.7 AIRSHED shall not retire any AIRSHED Energy carbon offsets in the name of any customer, except if they comply with the requirements of this clause 4.

4.8 AIRSHED represents and warrants that all carbon offsets that it retires on behalf of its Certification Customers, are, at the date of retirement, legally owned by AIRSHED, have not been previously applied in the offsetting of the emissions of any other person, and are registered in AIRSHED’s name on the Markit Registry.

5. Emissions Calculators

5.1 AIRSHED uses reasonable endeavours to ensure that its emissions calculators are accurate and are based on the most up-to-date emissions factors published by reputable sources. To the extent allowed by law, AIRSHED will not be liable for any damage or loss whatsoever (in contract, tort or otherwise) suffered or incurred by anyone that relies on these emissions calculators.

5.2 If AIRSHED changes the emissions factors that it applies to its emissions calculators, this will not affect any emissions calculations or emission reduction or carbon offset sales made before these changes were made.

6. Liability Limitation

6.1 AIRSHED’s total liability to you for any damage or loss whatsoever that you suffer or incur (in contract, tort or otherwise) in connection with the purchase of any AIRSHED Energy or AIRSHED ENERGY For Business, will never exceed the cost of the emission reduction or carbon offset component of the energy credits to which the breach relates.

6.2 AIRSHED will never be liable to you for any indirect or consequential damage or loss whatsoever.

7. Force Majeure

7.1 AIRSHED will not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure results from circumstances or causes beyond its reasonable control.

8. Law

8.1 The laws of New Zealand govern these terms and conditions.

8.2 Any rights you may have under the Consumer Guarantees Act 1993 (NZ) are not affected by these terms and conditions.

Airshed Ltd – September 2009