This statement outlines information required by the NYS PSC concerning electric service provided by U.S. Energy Partners LLC ("U.S. Energy" or the "Company") to customers in New York State. The statement incorporates the terms and conditions of service and is referred to as the contract ("Contract" or "Agreement") that the customer has with the Company.
Office locations and hours: Our office is located at 8205 Main Street Suite 11, Buffalo, New York 14221, and the office is open 9 AM. to 5 PM Monday through Friday. A request for service can be made by calling 716-631-1517.
Term: This Agreement is month to month. It can be terminated upon giving 30 day written notice to U.S. Energy Partners.
Billing, Payment and Meter Readings: The customer's utility will continue to issue a monthly bill and the bill will incorporate the Company's charges for the services hereunder. Bills will continue to be based on actual or estimated meter readings.
Termination of service, Expiration of Contract: The Company reserves the right to terminate or suspend the Agreement for non-payment, partial payment, breach of terms of the Agreement, changes in regulatory rules governing its ability to operate the program, or the customer (in the opinion of the Company) having a material change in financial condition. If the Company elects to terminate service, the customer and the local utility will be notified at least 15 days prior to the termination of service. Advance notice will allow the customer to (1) renegotiate a new agreement or (2) select another supplier, or (3) return to the utility. In the event of non-payment, in addition to any other remedies available to the Company, it shall have the right to retain any security deposit provided up to the amount owed to the Company or charge the customer's credit card for amounts owed. The Company reserves the right not to enroll any customer in the Company's sole opinion. The utility can terminate service for the failure to pay the Company's supply charges that are incorporated onto the utility bill.
Firm Sales: Sales under this Contract shall be made on a "firm" basis. If the Company fails to deliver the stated quantity of electricity for reasons other than force majeure, as defined below, the customer shall be entitled to damages equal to customer's "cost of cover" less any expenses saved. If the customer breaches this contract prior to its expiration date, the Company is entitled to "cost of cover" from the customer. Except as provided herein neither party shall be liable to the other for incidental, consequential or punitive damages or lost profits.
Agency Authorization/Billing: The customer hereby elects the Company as agent to arrange transmission and other services for the purpose of serving the customer's account. The customer also hereby authorizes the Company to obtain copies of all electric bills and consumption and payment information from the utility. As between the customer and the Company, title, possession, and control of the energy shall pass from the Company to the customer at point where the energy first enters a transmission system.
Taxes: The customer is responsible for any federal, Indian, state, local, sales, use or consumption taxes or similar taxes which are now or hereafter imposed. The customer shall pay such taxes unless the Company is required by law to collect and remit such taxes, in which case the customer shall pay the Company. If the customer claims exemption from any such taxes, the customer must provide the Company a proper exemption certificate. The Company reserves the right to amend the price if additional taxes or fees are imposed.
Force Majeure: If either party is unable to perform its obligations under this Contract due to force majeure, performance of such obligations shall be suspended until the force majeure is corrected. The party claiming such inability shall give written notice thereof to the other party as soon as practicable after the occurrence of the force majeure. Force majeure shall mean acts of God, strikes, lightning, fires, floods, explosions, storms or storm warnings, breakage of machinery or pipelines, or generating equipment, laws, rules, regulations or orders of any government, agency, political subdivision or instrumentality thereof having jurisdiction; injunction or judicial restraints; failure of electric supply, failure or curtailment of firm transmission, and any other cause not within the control of the party claiming force majeure.
Confidentiality: Both parties shall keep the terms of this Contract confidential except as may be required to effectuate transmission and delivery of electricity or to meet the requirements of a regulatory agency having jurisdiction over the matter for which information is sought.
Assignability: This Contract cannot be assigned by the customer without the written consent of U.S. Energy. This Contract may be assigned by U.S. Energy to another party provided that the assignee is qualified to sell electricity in New York State.
Delay or failure to exercise rights: No partial performance, delay or failure on the part of the Company in exercising any rights hereunder, shall constitute a waiver of such rights or of any other rights hereunder.
No Warranties: Unless expressly set forth in this Agreement, the Company provides no warranty, express or implied, statutory, or in any provision of this Agreement, or any other communication from the company and its agents, and the Company specifically disclaims any warranty of merchantability and fitness for a particular purpose.
Entire Agreement, Modification, Law and Dispute Resolution: This is the complete Contract between the parties and can only be amended in writing signed by both parties. However, U.S. Energy may modify any terms of this Agreement at any time by notifying the customer of the change. If any change affects the price, payment terms, or the term of the Agreement, U.S. Energy will give the customer written notice before the change is effective. After receipt of notice of a change in the price, payment terms or the term, the customer shall have the option of canceling the agreement, without any fee for cancellation, by providing written notice to U.S. Energy before the commencement of the next billing cycle. This Contract shall be governed by and construed in accordance with laws of the State of New York. The services provided by the utility company will continue to be protected by the rules established by the NYS Public Service Commission (PSC). Should the customer have any questions or require additional information regarding this Contract, the customer can contact U.S. Energy at (716) 631-1517. The customer may also request information from the New York State PSC. The PSC monitors complaints against non-utility energy service providers. An excessive number of complaints may result in a non-utility energy service company (ESCO/Marketer) no longer being eligible to supply natural gas or electricity in New York. The PSC's toll-free complaint monitoring number is 1-800-342-3377, or you may write the Department of Public Service at the Office of Consumer Education & Advocacy, Three Empire State Plaza, Albany, NY 12223-1350, or by e-mail at http://www.dps.state.ny.us. Disputes involving amounts within the jurisdictional limit of the local small claims court may be heard there. The parties shall use their best efforts to resolve the claim or dispute through good faith negotiations. Upon failure of such negotiations, but within sixty (60) days of notice to the other party of a dispute, the customer may request the American Arbitration Association to appoint an arbitrator. The arbitrator shall conduct a hearing and within thirty (30) days thereafter, unless such time is extended by agreement of the parties and shall notify the parties in writing of the decision. The arbitrator shall not have the power to amend or add to this Contract. The decision of the arbitrator shall be confined to the issue(s) presented for arbitration. Subject to such limitation, the decision of the arbitrator shall be final and binding, except that any party may petition a court of competent jurisdiction for review of errors of law. The decision of the arbitrator shall determine and specify how the expense of the arbitration shall be borne.
