RESIDENTIAL CUSTOMER DISCLOSURE STATEMENT
1) Price - All rates shall be calculated on a monthly basis in response to market conditions or changes in the NYMEX rate plus a specified adder.
2) Customers purchasing gas on a month-to-month basis with Utility Expense Reduction, LLC may cancel without any charges if 30 days prior written notice is provided to Utility Expense Reduction, LLC.
AGREEMENT TO SELL AND PURCHASE ENERGY - This is an Agreement between Utility Expense Reduction, LLC and the undersigned customer (“Customer”) under which Customer shall initiate natural gas service and begin enrollment with Utility Expense Reduction, LLC (the “Agreement”). Subject to the terms and conditions of this Agreement, Utility Expense Reduction, LLC agrees to sell and facilitate delivery, and Customer agrees to purchase and accept the quantity of natural gas, as estimated by Utility Expense Reduction, LLC necessary to meet Customer’s requirements based upon consumption data obtained by (ESCO) or the delivery schedule of the Local Distribution Company (the “LDC”). The amount of natural gas delivered under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Utility Expense Reduction, LLC or the LDC’s delivery schedule. The LDC will continue to deliver the gas supplied by Utility Expense Reduction, LLC.
BILLING - Customer will continue to receive a single bill for both commodity and delivery costs from the LDC.
SERVICE – Utility Expense Reduction, LLC will establish a natural gas transportation program for Customer with its LDC in accordance with the LDC’s procedures. Customer agrees to purchase all its natural gas requirements from Utility Expense Reduction, LLC on a firm basis.
DELIVERY POINT, TITLE AND TAXES – Utility Expense Reduction, LLC will deliver Customer’s natural gas supply to the transfer point where gas first enters the interstate pipeline. Title to, and risk of loss of the natural gas will pass from Utility Expense Reduction, LLC to Customer at the transfer point(s). Utility Expense Reduction, LLC warrants good title to the natural gas sold and delivered to Customer.
CONSUMER PROTECTION -The services provided by Utility Expense Reduction, LLC to Customer are governed by the terms and conditions of this Agreement. Utility Expense Reduction, LLC will provide at least 15 days’ notice prior to the cancellation of service to Customer. Customer may obtain additional information by contacting Utility Expense Reduction, LLC at 718-428-3430 or the DPS at 1-888-697-7728, or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website at www.dps.state.ny.us.You may also contact the Department for inquiries regarding the competitive energy market at 1888 697-7728.
CANCELLATION - Customer acknowledges that in the event of a cancellation or termination of this Agreement, it may take up to 10 weeks for Customer to return to the LDC for commodity supply service, and Customer is liable for all Utility Expense Reduction, LLC charges until Customer’s switch to the LDC or another supplier is effective. A final bill will be rendered within 45 days after the final scheduled meter reading by the LDC or if access is unavailable, an estimate of usage will be used for the final bill, which will be trued-up when the final meter reading is provided.
WARRANTY - This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Utility Expense Reduction, LLC. Utility Expense Reduction, LLC makes no representations or warranties other than those expressly set forth in this Agreement, and Utility Expense Reduction, LLC expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
FORCE MAJEURE – In the event that either party is rendered unable, wholly or in part, to perform that party’s obligations under this Agreement due to events not reasonably anticipated or within either party’s control, such as, but not limited to, acts of God, curtailment by Customer’s LDC or Utility Expense Reduction, LLC transportation capacity, or Customer’s LDC appropriation of natural gas, etc, the Parties agree that such non-performance shall be excused for the duration of the event which caused it. Should the parties have cause to claim force majeure, the claiming party will notify the other party, in writing, of the cause(s) of such event, the anticipated duration of non-performance and the remedies being taken to eliminate the cause. Financial obligations relating to payment for or delivery of natural gas under this Agreement cannot be cause for claiming force majeure and obligations cannot be excused as a result of a force majeure event.
LIABILITY - The remedy in any claim or suit by Customer against Utility Expense Reduction, LLC will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Utility Expense Reduction, LLC or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third-party beneficiaries to this Agreement.
MEASUREMENT- Both parties agree hereto to accept for purposes of accounting for quantity, quality and measurement as those reported by the LDC.
DISPUTE RESOLUTION - In the event of a billing dispute or disagreement involving Utility Expense Reduction, LLC service, Customer must notify Utility Expense Reduction, LLC in writing within 60 days after the due date, otherwise the dispute is deemed waived. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity. The DPS will not resolve non- residential disputes associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from non-residential customers regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply electricity or natural gas in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; 1-800-342-3377, or by visiting www.dps.state.ny.us.
ASSIGNMENT - Customer may not assign its interests in and obligations under this Agreement without the express written consent of Utility Expense Reduction, LLC. Utility Expense Reduction, LLC may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financial agreement and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS.
REGULATORY CHANGES - This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation or pricing structure whereby Utility Expense Reduction, LLC is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion Utility Expense Reduction, LLC shall have the right to cancel this Agreement on 15 days notice to Customer.
INFORMATION RELEASE AUTHORIZATION - Customer authorizes Utility Expense Reduction, LLC to obtain and review information regarding the Customer’s credit history from credit reporting agencies, and the following information from the LDC: consumption history, billing determinant, credit information, public assistance status, existence of medical emergencies, status as to whether Buyer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL 32 (3); and information pertaining to PSL 33, tax status and eligibility for economic development or other incentives. This information may be used by Utility Expense Reduction, LLC to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third-party unless required by law. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Utility Expense Reduction, LLC This authorization will remain in effect during the Term of this Agreement or any renewal thereof. Customer may rescind this authorization at any time by providing written notice thereof to Utility Expense Reduction, LLC or calling Utility Expense Reduction, LLC at 212-633-0071 Utility Expense Reduction, LLC reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
CONTACT INFORMATION - Customer may contact Utility Expense Reduction, LLC’s Service Contact Center at 212-633-0071, Monday through Friday 8:00 a.m. - 5:00 p.m. EST (contact center hours subject to change) or write to Utility Expense Reduction, LLC at: 401 Franklin Avenue, Garden City, New York 11530. You may also contact the Department for inquiries regarding the competitive retail energy market at 1-888-697-7728.
EMERGENCY SERVICE - In the event of a gas leak, service interruption or other emergency, Customer should immediately call their LDC (National Grid Brooklyn at 718-643-4050, National Grid LI at 800-490-0045, Con-Edison at 800-752-6633) and emergency personnel. You may then call Utility Expense Reduction, LLC at 212-633-0071.
CHOICE OF LAWS - Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.
PARTIES BOUND - This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
CONFIDENTIALITY - Customer agrees that for so long as this Agreement remains in effect and for a period of 2 years following termination of this Agreement, this Agreement and all pricing provided there under is commercially sensitive and shall not, unless required by law, be disclosed to any third party, or any Customer employee without a need to know, without the prior written consent of Utility Expense Reduction, LLC.
BY CLICKING BELOW I ACKNOWLEDGE THAT I HAVE READ ALL TERMS AND CONDITIONS AND THAT I AM AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CUSTOMER.
