This statement outlines information required by the NYSPSC 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 you have 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. The term of this Agreement will commence when the delivery of U.S. Energy's electricity commences and is terminated upon giving written notice to the other party. U.S. Energy will notify the utility of the termination and the effective date of termination will be when the utility is no longer delivering the Company's power to the Customer.
Billing and Payment. Your utility will continue to issue a monthly bill and the bill will incorporate the Company's charges for the energy capacity, and other services hereunder. Bills will continue to be based on actual or estimated meter readings. The Company will utilize the same reading meter information from the local utility to derive the energy and capacity service charges. Payments are due on the date stated on the bill (in no event sooner than 10 days from postmark). Interest will accrue at a rate of 1 ½ % per month on all past due amounts from the applicable due date.
Meter Reading. The local utility will read your meter at regular intervals (monthly). When regular meter readings are not available, the local utility will provide estimated usage for billing purposes. Based on the estimated usage, both the local utility and the Company will provide you an estimated bill for appropriate charges. The estimated bills will be adjusted in subsequent months, based on the usage shown in the actual meter read.
Other Charges. If a check tendered by the Customer is not honored by a bank and is returned, the Company will add to your bill a charge of $20 for processing a returned check.
Termination of service, Expiration of Contract. The Company reserves the right to terminate our Agreement for non-payment, partial payment, breach of terms of our Agreement, changes in regulatory rules governing our ability to operate the program, the customer (in the opinion of the company) having a material change in financial condition. If we elect to terminate service, we will notify you and your local utility at least 15 days prior to the termination of service. Advance notice will allow you 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 Customers credit card for amounts owed. The Company reserves the right not to enroll any customer in the Company's sole opinion.
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, You shall be entitled to damages equal to Your "cost of cover" less any expenses saved. Except as provided herein neither party shall be liable to the other for incidental, consequential or punitive damages or lost profits.
Agency Authorization/Billing. You hereby elect the Company as agent to arrange transmission and other services for the purpose of serving your account. You also hereby authorize the Company to obtain copies of all electric bills and consumption and payment information from the utility. As between You and the Company, title, possession, and control of the energy shall pass from the Company to You at point where the energy first enters a transmission system.
Taxes. You are responsible for any federal, Indian, state, local, sales, use or consumption taxes or similar taxes which are now or hereafter imposed. You shall pay such taxes unless the Company is required by law to collect and remit such taxes, in which case you shall pay the Company. If You claim exemption from any such taxes, You must provide the Company a proper exemption certificate. The Company reserves the right to amend your 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.
Bill Review. As a part of the Company service, it will review the customer's bills with the utility. In the event that a refund, rebate or correction should occur as the result of the Company's efforts, then the Company shall be paid forty percent of such refund, rebate or credit.
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 You of the change. If any change affects your price, payment terms, or the term of the Agreement U.S. Energy will give You written notice before the change is effective. After receipt of notice of a change in the price, payment terms or the term, You 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 New York State Public Service Commission. Should You have any questions or require additional information regarding this Contract, You can contact U.S. Energy at (716) 631-1517. You may also request information from the New York State Public Service Commission. The Public Service Commission (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, You 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.
