New York Residential & Small Business Electricity Supply Contract General Terms And Conditions
1. RIGHT TO CANCEL: You may cancel this Agreement within three (3) business days of your receipt of the Agreement by contacting ConEdison Solutions by telephone at 1-888-320-8991 or by email at webinfo@conedsolutions.com. Any cancellation after the third business day shall be subject to the provisions of Paragraph 8 below.
2. BILLING AND PAYMENT: Payment is due within twenty-five (25) days from the date on the invoice. Late payments or partial payment balances will be subject to a 1.5 % per month late fee, or the maximum rate allowable by law. Your bill will be based on monthly meter readings by your Local Distribution Company (LDC). In the event that the LDC later adjusts its reading for any reason, we will make a similar adjustment. We can provide you with a budget-billing plan or payment agreement if you need one. You shall reimburse ConEdison Solutions for any collection fees we incur in collecting your outstanding invoices. If you are currently assessed a service charge, your service charge may continue through the term of this agreement. You will be assessed a $25.00 charge for any check returned for insufficient funds.
3. DISPUTED INVOICES: You shall notify your LDC in writing of any disputed bill, stating the reason for the dispute, within twenty (20) days of receiving the bill and pay the undisputed part of the bill.
4. TITLE AND TAXES: Unless we notify you otherwise, title to the electricity sold hereunder shall pass from us to you when it is delivered to your LDC. Prices set forth herein include transportation to your LDC. You shall be responsible for, and shall reimburse ConEdison Solutions for, any transfer, sales or other taxes and charges related to this transaction, however designated, imposed upon the transfer of title or the transporting or delivering of electricity, and such tax will be separately stated on your bill, unless, prior to execution of this Agreement, you have given us applicable, valid tax exemption certificates. Your price includes all applicable Gross Receipts Taxes. All other applicable taxes will be stated separately on your bill.
5. FORCE MAJEURE: Except for your obligation to make payments when due, neither party shall be" liable to the other for any delay or failure to perform caused by an occurrence of Force Majeure. Force Majeure means occurrences beyond a partys reasonable control, including, without limitation, acts of God, strikes, lockouts or other industrial disturbances, acts of terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, civil disturbances, explosions, breakage, shortage or unavailability of transmission facilities, and actions of any governmental authority or your LDC which result in conditions, limitations, rules, or regulations that materially impair either partys ability to perform hereunder. The affected party shall give to the other reasonably prompt and detailed notice of the occurrence of any Force Majeure relied upon.
6. LIMITATION OF LIABILITY: ConEdison Solutions liability in connection with this Agreement shall in no event exceed the difference between the reasonable price of replacing any undelivered electricity and its price under this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE), INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES FOR CLAIMS ARISING UNDER THIS AGREEMENT.
7. NO WARRANTIES: CONEDISON SOLUTIONS MAKES, AND YOU RECEIVE, NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND CONEDISON SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. TERMINATION OF AGREEMENT BY CUSTOMER: You may terminate this Agreement by calling ConEdison Solutions at 1-888-320- 8991 or by emailing ConEdison Solutions at webinfo@conedsolutions.com or by sending a letter via regular mail to ConEdison Solutions, Attn: Contract Termination, P.O. Box 350 White Plains, NY 10605. You may also terminate your ConEdison Solutions contract by signing up with another electricity provider or by contacting your LDC at the phone number within the provided table. Upon termination, payment will be due to ConEdison Solutions of all outstanding charges (including any late payment fees) for electricity.
9. TERMINATION OF AGREEMENT BY CONEDISON SOLUTIONS: ConEdison Solutions reserves the right to terminate this Agreement: (i) for non-payment of any charges owed to ConEdison Solutions provided at least 20 days has elapsed from the payment due date; (ii) if your LDC is unable to read your meter for three (3) months in a row or (iii) if at any time you request separate bills from your LDC and ConEdison Solutions. In the event that service is terminated pursuant to this Section, you shall pay, upon being billed, all outstanding balances and any other costs incurred by ConEdison Solutions. Termination under this section of the Agreement may also result in suspension of your distribution service in accordance with the Home Energy Fair Practices Act (HEFPA). We will notify both you and your LDC of the termination of this Agreement at least 15 days prior to the effective date of termination.
10. EXPIRATION OF AGREEMENT: ConEdison Solutions will notify you of the Agreement expiration date and the terms of renewal approximately one (1) month prior to the end of this Agreements term. You must notify ConEdison Solutions within 15 days after receipt of notice if you do not intend to renew this Agreement. If you fail to provide such notification to ConEdison Solutions within the specified time period, the Agreement will automatically renew for an additional term as set forth in the renewal notice.
11. PRIVACY STATEMENT: ConEdison Solutions will not give or sell your personal information to any unaffiliated party without your consent, unless we are required to do so by law, or it is necessary to protect our services, enforce our terms of service, or to prevent a violation of someone's rights. However we may share your information with our agents so that they may perform services for us, and, if our business or any portion of our business is sold, or assigned to, or acquired by another entity, your customer information may also be transferred to that entity as one of our business assets.
12. GENERAL PROVISIONS: This Agreement shall extend to and be binding upon the respective successors and permitted assigns of the parties; provided, however, that you may not assign this Agreement without our prior written consent, and any purported assignment without such consent shall be void. This Agreement sets forth the entire agreement between the parties respecting this subject matter, and all prior agreements, understandings, and representations, whether oral or written, are merged in this Agreement. No modification or amendment of this Agreement shall be binding on either party unless in writing and signed by authorized representatives of both Parties. No waiver of any right under this Agreement shall be effective unless it is in writing and signed by an authorized representative of the party granting such waiver and no such waiver or failure to enforce a term or provision of this Agreement on any occasion shall be construed as a waiver of the same or any other term or condition on any other occasion. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without recourse to such states choice of law rules, except that any dispute regarding the use of electronic signatures and records to form this Agreement shall be determined pursuant to the Electronic Records and Signatures in Global and National Commerce Act, 15 U.S.C. 7001-7031. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules, and regulations of authorities having jurisdiction and both parties agree to comply with all such applicable laws, orders, rules and regulations.
13. CUSTOMER COMPLAINT CONTACTS: ConEdison Solutions Customer Service Center can be reached at 1-888-320-8991. ConEdison Solutions will attempt to address any customer complaint within fifteen (15) days of its receipt. If "the matter remains unresolved to your satisfaction," you may pursue any legal remedies, including bringing a dispute to Small Claims Court, if it involves an amount within such courts jurisdiction. You may also contact the New York State Department of Public Service by writing to them at 3 Empire State Plaza, Albany, New York 12223, or by calling 1-800-342-3377, or via the Internet at www.dps.state.ny.us. You may also contact the ConEdison Company of New York at 1-800-752-6633.