Agreement to Sell and Purchase Energy: This is an agreement between North Energy LLC and the undersigned customer (“Customer”) under which Customer shall initiate
natural gas service and begin enrollment with North Energy LLC (the “Agreement”). Subject to the terms and conditions of this Agreement, North Energy LLC agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas, as estimated by North Energy LLC, necessary to meet Customer’s requirements based upon consumption data obtained by North Energy LLC or the delivery schedule of the Local Distribution Utility (the “LDU”). The amount of natural gas delivered under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by North Energy LLC or the LDU’s delivery schedule.
Term: This agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to North Energy LLC is deemed effective by the LDU, and shall continue for months thereafter (the “Initial Term”). Upon completion of the Initial Term, this Agreement will automatically renew on a month – to – month basis at the same terms, unless North Energy LLC sends Customer written notice of proposed changes to such terms in advance of the renewal date (the “Renewal Term”). Any such written notice will be sent at least 45 days and no more than 90 days prior to the renewal date, apprising Customer of any proposed changes in the terms and conditions of this Agreement and of the Customer’s right to renew, terminate or renegotiate this Agreement. When receiving service on a fixed rate for a stated period of time, if customer cancels service prior to completion of term, a penalty amount of $12.50 will be assessed for each month remaining in the agreed upon term. When receiving service on a month – to – month basis, customer may cancel or terminate this Agreement without penalty so long as North Energy LLC is provided with 30 Days’ advance written notice of termination.
Pricing, Billing, and Termination: Unless otherwise agreed to in writing, the price for all natural gas sold under this Agreement shall be a [ ] variable price established each month by North Energy LLC based upon market conditions or [ ] a fixed price of _____________________, plus, in each case, all applicable taxes. North Energy LLC will invoice Customer monthly for natural gas delivered under this Agreement, as measured by the LDU, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer may receive a single bill for both commodity and delivery costs from either North Energy LLC or the LDU, or each of the LDU and North Energy LLC may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the “DPS”). In the event of failure to remit payment when due, North Energy LLC may terminate commodity service and seek suspension of distribution in service in conformance with the Home Energy Fair Practices Act (“HEFPA”). A $30 fee will be charged for all returned payments.
Assignment: Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of North Energy LLC, North Energy LLC may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations, to another energy supplier, energy services company or other entity as authorized by the DPS.
Information Release Authorization: Customer authorizes North Energy LLC to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the LDU: consumption history; billing determinants; utility account number; credit information; public assistance status; existence of medical emergencies; status as to whether Customer has a medical emergency, is human needs, elderly, blind, or disabled, and data applicable to cold weather periods under PSL § 33, tax status and eligibility for economic development or other incentives. This information may be used by North Energy 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 North Energy LLC. This authorization will remain in effect during the Initial terms and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to North Energy LLC or by calling North Energy LLC at 1-718-435-9100. North Energy LLC reserves the right to cancel this agreement in the event Customer rescinds the authorization.
Consumer Protections: The services provided by North Energy LLC to Customer are governed by the terms and conditions of this Agreement and HEFPA. North Energy LLC will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of any charges owed to North Energy LLC, Customer may be subject to termination of commodity service and the suspension of distribution services under procedures approved by the DPS. Customer may obtain additional information by contacting North Energy LLC at 1-718-435-9100 or the DPS at 1-800-342-3377 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: http://www.dps.state.ny.us
Cancellation: Customer may rescind this Agreement within 3 business days after the signing or receipt of this agreement, whichever comes first, by contacting North Energy LLC at 1-718-435-9100 or in writing. Customer is liable for all North Energy LLC charges until Customer returns to the LDU or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading.
Agency: Customer hereby appoints North Energy LLC as agent for the purposes of (i) acquiring the supplies necessary to meet Customer’s natural gas needs, and (ii) arranging, contracting for and administering transportation and related services over transmission facilities and those of the LDU needed to deliver natural gas to the Customer’s premises. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
Title: All natural gas sold under this Agreement shall be delivered to a location considered the “Point of Delivery”, which for gas shall be a location outside the State of New York, which shall constitute the point at which title transfers and the sale occurs hereunder. North Energy LLC will arrange for transportation to the appropriate City Gate of the LDU. North Energy LLC will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the natural gas provided hereunder.
Warranty. This Agreement, including applicable attachments, as written constitutes the entire Agreement between Customer and North Energy LLC makes no representations or warranties other than those expressly set forth in this Agreement, and North Energy LLC expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Force Majeure: North Energy LLC will make commercially reasonable efforts to provide natural gas hereunder but North Energy LLC does not guarantee a continuous supply of natural gas to Customer. Certain causes and events out of the control of North Energy LLC ("Force Majeure Events") may result in interruptions in service. North Energy LLC will not be liable for any such interruptions caused by a Force Majeure Event, and North Energy LLC is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDU (including, but not limited to, a facility outage on its natural gas distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond North Energy LLC's control.
Liability: The remedy in any claim or suit by Customer against North Energy 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 North Energy 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.
Contact Information: Customer may contact North Energy LLC’s Customer Service Center at 1.718.435.9100, Monday through Thursday 9:00 a.m. - 5:00 p.m. EST and Friday 9:00 a.m. - 2:00 p.m. EST (contact center hours subject to change). Customer may write to North Energy LLC at: North Energy LLC, 1425-37 Street, Suite 612, Brooklyn, N. Y. 11218.
Dispute Resolution: In the event of a billing dispute or disagreement involving North Energy LLC’s service, Customer should contact North Energy LLC’s Customer Service Center as provided above. 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 natural gas 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; or by visiting www.dps.state.ny.us.
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
Taxes and Laws: Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on North Energy LLC’s net income, shall be paid by Customer, and Customer agrees to indemnify North Energy LLC and hold North Energy LLC harmless from and against any and all such taxes. 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.
Regulatory Changes: If at some future date there is a change in any law, rule, regulation or pricing structure whereby North Energy LLC is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion North Energy LLC shall have the right to cancel this Agreement on 15 days’ notice to Customer.
Emergency Service. In the event of an natural gas leak, service interruption or other emergency, Customer should immediately call the LDU at for Con Edison 1-800-75CONED, for KeySpan at 718-643-4050, for Orange & Rockland at 1-800-533-5325, for Niagara Mohawk at 1-800-892-2345, for Central Hudson at 1.800.527.2714, and emergency personnel. Customer should then call North Energy LLC at:1.718.435.9100.
Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.