HomeMy WebLinkAboutNSEG General Terms and Statement of Customer Rights and Responsibilities.PDF81 State Street, Sth Fl
Binghamton, NY 13901
office: (607) 721-1750
toll free: (800) 567-6520fax: (585) 235-3024
A4'EtEAt l''*C,arrr'Frtl
No.r 7,20t[)6
VII",LAGE] OF CAYUGA HGTS
836 HANSHAW RD
ITFJIAC.A, ]\IY 14850
Dear New rCustomer:
Re: Acct. #10001663
WA.LTER LYNN
836 HANS|HAW RD
ITHACA,]{Y 14850
'rhank you for: choosing NSI as your energy supplier. As the leading Energy Services cornpany (ESCO) in the upstate New york area, welook forward rto bringing you better choices to meet your energy supply needs.
You'will soon receive a confirmation letter from your energy delivery company confirming your choice of NSI as your supplier. once thatletter has arrived, your account should transfer to Energetix on your next scheduled meter read date.
As a rreminder of how the competitive energy market works, there are two parts to your energy bill: energy supply and energy delivery. NSIwill serve your energy supply requirements and our charges represent the costs for that ,uppt-y. your delivery company transports the NSInatural gas and/or electricity supply to your service and iireir
"iurg., represent the cost for.oilivery according to public Service Commissionapproved rate schedules.
Basecl on several factors, you will receive either a consolidated supply and delivery bill or dual supply and delivery bills. For consolidatedbill customers" your NSI supply charges and your delivery charges *il u" listed on a single bill. For customers on dual billing, NSI supplycharg'es and your delivery company charges will be listed on seiarate billr. on." enroileJ, your account will be billed approximately 30 daysafter lransfer.
Your local utility will continue to maintain the pipes an<l wires, rea-d the meters, and respond to emergencies as they agvays have. If 5,cuexperlience a rtatural gas or electrical emergency, poor power quality or power loss, you need to contact your local utility at the emergencynumbr:rs listed in the local telephone directory.
For your infonnation, enclosed is a copy of our General Terms and statement of customer Rights & Responsibilities brochure.
TheNSlCustomerServiceDepartmentcanbereachedbytelephonefrom8:00a.m.to5:00p.m.,MondaythroughFriday
at(607)721-1750or toll-free at (800) 56j-6520.
Your business is appreciated and we look forward to serving your energy needs.
Enclosures
*For commercial customers who are sales tax exempt, we require a copy of your sales tax exemption certificate before we can process youraccountassalestaxexempt.Ifyouhavelotalreadydoneso.pleasepiovideacopytousbymail,orfaxacopyto(5s5)235-3024. youmayrescind this enrollment, within three business days after receiit of this letter, fy *ttlng oui customer Service Department at the phonenumben listed above.
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Purchase Agreement: NySEG Solutions, Inc. (NSl) agrees to sell and Customer agreesto buy the quantilies of naturar gas and/or erectricit! necessary to serue customedsusage profile. NSl. while acting as Customefs ageni will atrange for the purchase ofnalurat gas for appropriate transportation to the Local Disrr]bution Utiiity," lfOUjinlerconnoction point (the city gate). NSI will nominale ttre reluireO ga" votumu;a;imanage t'ansportation capacitv. customerwit prompty advise r'isr ot
"ny "n"nj". to ii"facitity that may affect nalurat'gas or etectric ;."g; ;;;ii;;;f usage. Customer witlreimb,urse NSI for all utility charges paid by NSt onbustomer,s behar that are not a resultof NSI fairure to perform hereunder. customers who choose the NSI RenewableEnergy Program will receive theircontract percentage of renewaore energy on anannualiz€rd schedule. The required energy under thJrenewabte energy agreementwill be gernerated from renewabre resouices and wiil be prouiouo to the New york
State po\ver grid. Notice of additional charges or
"n"ng"r'to in" Agreement shall begtven as specified in'Miscellaneous,'below. Cuslomei may rescind this Agfeementwithin thft)e (3) business days, of.Nst receipt oJ signed agilement or, tor titepnonicagreements, within three (3) business days of Ctstomei receipt of u "opy bt tn"Agreemenl or, for electronic agreements, within three 1Sy Uusiness days of Customerreceipt ot electronic verilication of.Agreement acceptince. io r"r"inO At;il;;i,customer shall conlact Nsl lhrough any means listed in the section herein entifled"customer Questions and Dispute Resorution." NSl, r.".-u" itr" right to assign the rightsand responsibilities for the provision of electric and/or gas supply under eiisting silesagreemenlts lo a third party.
Customer Information: Cuslomer hereby appoints NSI as exclusive limited agent, andauthorizes NSI lo obtain Customer usage data from the LDU; to obtain .ustomerpayment €nd credit history; and to execute required documenls with the LDU oncustomer'rs beharf. NSr wit not discrose any customer biting iniormurion to any tiriro party
:lnl:-s_s.lytlorize.d in.writing by the Customer or as requireQ-ly taw. f,f Sf reseGs rne'righito charge an administrative fee for providing customer inloihafion to tnird pirties. r-treseruices p'ovided by Nsr are protected by the terms uno
"onJiiion" of this Agreement.The provjreions of the Home,5nergy Fair practices Act (Hffpa), wtricn'apfiy Oresidentiar cuslomers onry, and/or the rures of the pubric siruice commissi"" iiscjprotect th() rights of fesidential and business consumers as well as the righti in;services c'1'NSl and the LDU. A summary of the rights and protections afforded under
lqtPA-i: issued annuaily by the LDU and is avaitadte from tne iOU upon request. Thetariffs of thrl LDU may impose certain other obligations on "r"torur".switchinq i customer may cancel agreement al lhe end of its term and switch to anothersupplier or return to the LDU. Upon th€.receipt of a copy of an executed agreementbetween customer and new supprier, NSr wjil provide notification ot the swit;h to theLDU. .ln either case, il may take up lo 60 days or more lo complete the switch, duringwhich timer the.Customer is responsible for all irlsl charges, including supply anO Oefiver!charges if appricabre. The switch wiil be effective u" oi the nur.i."n"outuo meter readdate by th€r local ufility or the date on which the utility effects the transition. lf customerchooses to switch to another supplier or back to the LbU, Customer may Incur a fee fromthe LDU fc,t this transfer.
Terminatirln: Notwithstanding any other provision of this Agreement, in the event thatany.court-,rr adminrstrative agency takes any action that renders ineffective any materialportion.of lhe Agreement, prohibits performance hereunder, or otherwise constitutes amaterial adverse change for either party, the party adversely affected by such action maytermin€te lhis Agreement upon 30. days writien notice, subjecr ro any applicablecancerration fee. rf customer experiences, in the opinion ot lrisr, a materiar adversechange..in the ability to meet obligations hereunder, NSI has the right to requesiinformalion, security or other assurances from cusiomer sumcient t-o satisty'Nsiconcerns. 11' Customer breaches any provision of lhis Agreement, NSI may, in addiiion ioseeking darnages for such breach. immediatery terminale this Agreement without furlhernotice to Oustomer unless otheMise governed by HEFPA illes. A breach of thisAgreemenl may occur if Customerfails to: make timely payment of any amount due foiseruices provided hereunder; provide any required financiar-intormition, security or otherassurance upon request; or otheruise fair to fuily compry with the terms and conditions ofthis Agreenlent, At termination, should the Cuitomer-account not Ue paid in tuff, anyoutstandin$ amount wiil be subtracted from any deposit and interest and the barance wiribe retume(l to Cusiomer. lf accounl is not paid in full after application of any deposit anJinterest, cur'tomer is responsibre for the remaining uatance. i't'st, tnc. wirt noiiry tne lou irthe .sales agreement ends, is canceiled or not renewed. customer wilr receiveuninterrupirxi service from the LDU until Customer Oesignites anorner provider ofserurce, retLrrns to the LDU, or seruice is shut off by the LDU under procmures approvedbythe NYS| Pubtic Service Commissjon. The LDLLmay impose additional oOtigaiibns oncustomers through appricabre tariff provisions. customer may cancer the variibre priceelectricity .rrJreement upon 30 days written norice. The terris oi Rxeo price erectricityoffers vary. trased on LDC rate programs. The inilial term of all natural gas agreements iione year. Nisl may send a proposal for renewal 60 days prior to the end of the electric ornatural gas Agreement's curent term. lf the renewal proposal is not acceptable andcustomer vr'anrs to terminate the agreement, customer mulr provue written notificationto NSI within 15 days of receipt of the proposal. NSt reservis the rgnt to not offer arenewal proposal regardless of account status, business climate, or market conditions.
Cancellaticn Penalty: NySEG Solutions may at its discretion, assess a canceilationpenalty to-crls,tomers canceling seruice within any fixed price term. The cancellation feewill be $35.00 for a residential customer, or one of the following for a commercialcustomer: 9150.00, or a fee based.on the remaining value of the agreement and maynclude the ,:ost of terminating supply arangements iade on Cust;mefs behalf. This fee0oes not jnctude any charges by the LDU resulting from Customer,s early cancellation.
lEmergency Seruice: In the event of an electrical or natural gas emergency situation orwhen experirlncing loss of electricity or poor power quality, Cistomer should contact thealpropriate l-DU: NYSEG (cas) - (Boo) s72-112,t, (Eteckic) _ (BOo) 572-1.13j, RG&E
l9::l: {eg:r) 743-1702, (Etectric) - (8oo) 743-1701,'or Nationai Grid (Boo) aszzzqi.urner quesrrons or service problems should be directed to NSl, at (BOO) 567_6620.
,j1"!9T9r !ly.:Ions and Dispute Resotution: Nyseg Sotutions tnc. is headquarteredat 81 Slate {i1., 5'" Ftoor, Binghamton, Ny 1 3901. ihe iuslomer seruice center is
located at 755 Brooks Avenue, Rochester, Ny 14619 and is open from 8:OOam to4:30pm, Monday through Friday. The toll_free number is (BOO) 567_6520. For non-residential customeE, in the event of a dispute arising from tire terms of this agreemenlthat is not resorved by discussions between the parti6s, ttre issue may ne suu"mitteJ uyeither party to mediation, arbitration, or small claims courl. During the dispute, Customermust pay the-undisputed portion of any invoice on or before tlhe due date. The NySDepartment of pubric service wirr resolve residentiar "u.ior"r-"o.pr"ints, but wiil notresojve non-residential disputes. The NySDpS does monitor comptaints against energyservrce companies. rf a residentiar customer has a compraint with regards to NSr poricie!
9r prggedule_st
-or gny issues governed by HEFpn rutes, Customei shoutd seek ,esolutionby calling 1-888-697-7728, wriring the Department or puuric se*i"e, office of consumerServices, 3rd floor, Three Empire Staie ptaza, niOany, Ny' IZZZS, or by ;isltiil:www.0ps.state.ny.us.
Bill Payment process: NSI may issue a consolidated supply and detivery bill eitherdirectly or through the LDU with certain.restrictions that may'iirciuoe a biting service fee.
Nl,T^*-"!l?y'": issue a separate bil for enersy ;;ppi;'";;;r" onty. customer mayrecerve a separate biil from the LDU for dishibution services. Biil piyment,
"r" Ju6according lo the teffns that appear on lhe bill. payments should Ue made direcfly to lheentity issuing the bit. rf an Nsr issued bit is.noipaid in tutt iy tne date noted, partialpayments will be apptied to the outstanding balane. The remaining balance Wll besubject to a late fee of 1.5% monthly after the late p"ym"r,t Out". n history of latepayments may be reason for cancellation of the agreemlnt
"no
po.siole referral to acollection agent unress othe*ise governed by HEF'A rures. NSr reserves the right to
:T9y:1,*djl checksonappticants. NSr providesOittsOaseOonloUmeterreads. TheLUU wilt conltnue lo obtain and/or estimate meter reads per their schedule according toPSC approved methods.
Deposits and Other Fees: i\,lst wiil cJrarge g2O for reiurned checks. NSt may requesf adeposit for seruice if conditions wanant. Customer deposii will earn inieresi at acompetilive rate,_which may vary during the period NSI hoids the deposit. lf account hasbeen paid in full for 12 consecutive months, the initial deposit and interest wilt be returnedlo Customer. lf at any time the acoount balance is great6r tnan permitted under the termsand conditions of this Agreement, NSI may ,"" austomef" juposit, and any accruedinterest thereon, to satisi/ the oulstanding balance. Customer wiii ttrereater O6 ,uquir"ilo reslore the deposit to its original amount. Customer ugr"". to f"y NSI any reasoniblecollectio.n costs and attomeys fees incurred in the colle;tion of iny outstanding balanceon the NSI account. The nature of Customer,s load, specific service tocationi oi oinlispecial seruice requirements may require installation oi special equtpment by the LDUpursuant ..to its tariffs. Any charges for that special equipment are Customer,sresponsibirity unress otherwise agreed to in the sares
"gru"r"ni. Nsr reserves itre righito bill for additionar services rendered.as prescribed by ihe Lous tarir or as ,"qri*oivany directive from governmental oversight agencies. '
Measurement: The Customer and NSI accepl for the purposes of accounting for naturalgas and/or electricity delivered. under this agreement, the quantity, qiuality, andmeasurement determined by the LDU. This may include, but noi be timiteA to, mei"ireadings, estimating routines, and prcration practices. NSI assumes no liability forerrors In measurement.
Indemnification: Customer is responsible.for, and will indemnify NSl, against any andall: penalties resulting from Custome/s failure to fully comply witn tfris n-greemeni; anO
1?iis_"^_?j.!,iy Til?9d uv rhe..naturat sas or 6rectriiity itter its o-erivery ro iireuusromers raottty. NSI is respon$ible for, and will indemnify Customer against, any andall damages or. injury caused by the natural gas or electricity Uefore its-Oetivery to inecustomefs facility.
Force Majeure: Excepl as otherwise set forth herein, Force Majeure is the only excusefor non-performance and all other excuses (at law oi in equigy'aie waived. Except forpayment obligations, a Force M-ajeure event will, upon not-ice, excuse both parties,performance during the event. ."Force Majeure" means those evenls not reasonablyanticipated on the effective date hereof and outside the contror of the craiming party aniinclude "Force Majeure" events associated wjth the LDU, the commodity suppljer orothers used to deriver naturar gas or erectricity to customeis facirity, curtaiiment ordisruption by the LDU, the comnrodity supptiei oi ttL-[OUf"ppropnation of eithernatural gas or electricity.
Liabirities: rhe riabirity of Nsr to the customer is rimited by the abiilty of the LDU toeffectively and reliably deliver the- energy commodity
"uppfy to Customefs poini otseruice. NSr assumes no riabirities for energy derivery-that are addressed by appricabreprovisions of the LDU's psc-approved tariffs. Further, NSI assumes no riabilitieswhatsoever that are greater than.those assumed by the regulated utility that pr"uiourfyprovided seruice to Customer. NSI assumes no iiability t-or misseo opportunities foicustomers who are not enrolled in an energy program through no fault of NSl. Thegy.tgr* assumes..lhe. responsibitiry ot vliiiyin{ their eni;ilmenr with NSt if anenrollment confirmation retter or an initiar biiling ls not received within oo iays iisubmitling a signed agreemenl for servtce.
Misceflaneous: These General Tems and Statement of Customer Rights &Responsibilities are siuperseded by all authorized revisions of this document. NSIreserves the right to revise the oenerar provisions of this document as necessary withoutnotice NSI reserves the right tJchange provisions and terms and conditions in responselo PsC regulatory changes and requiriments or LDU tariff changes which may affect ourability to serve you under the existing terms and conditions. In such instances, wereserue the right to arter contract terms and conditions with a 3o-day notice. NSi willsupply the customer with a current version of this document annually ano upon request.
|:"1111":t]:.":1"_,j!:,!1": Asreemenr rems may be made excepr for tire foltowins:uusromer may modrty the Sales Agreement, in writing, only in the event of a change iopersonar data or rerocation. shourd NSr need to make subitantive changes to the SaresAgreement terms, Cuslomer will receive written notice including the option of eitheracceptance or canceflation. The sares Agreemenr shail be interpried in accordance withthe laws of the state of New york. Fairuie of one provision unouitttu raw ooes not effectthe remaining provisions in the agreement.