Agreement to Sell and Purchase Energy. This is an agreement between Greenlight Energy Inc. (“Greenlight” or the “Company”) an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity service and begin enrollment with Greenlight (the “Agreement”). Subject to the terms and conditions of this Agreement, Greenlight agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Greenlight, necessary to meet Customer’s requirements based upon consumption data obtained by Greenlight or the delivery schedule of the Local Distribution Utility (the “LDC”). Greenlight is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Greenlight or the LDC’s delivery schedule. The LDC will continue to deliver the natural gas and/or electricity supplied by Greenlight.
Term. All products for variable rate service shall commence as of the date Customer’s notice regarding the change of Customer’s provider to the Company is deemed effective by the LDC, and shall continue for 30 days thereafter (the “Initial Term”). Upon expiration of the Initial Term, the Agreement will renew on a month-to-month basis (each such month, a “Renewal Term”) with no change to remaining terms. If the Customer is receiving variable rate service, either party may cancel or terminate this Agreement with no cancellation fee by providing 30 days’ advance written notice of termination to the other party.
All products for fixed rate service shall commence as of the date identified on the Customer’s Customer Disclosure Statement, or if not specifically identified, receipt of the Customer’s notice regarding the change of Customer’s provider to the Company is deemed effective by the LDC, and shall continue for the timeframe specified on the Customer’s Customer Disclosure Statement (the “Initial Term”). At least 30 days and no more than 60 days prior to the renewal date, the Company will notify Customer in writing of the terms of renewal of this Agreement and of the Customer’s right to renew, reject or renegotiate this Agreement. Customer will be provided the option to: (i) enter into a new agreement via affirmative consent, (ii) renew on a month-to-month basis (each such month, a “Renewal Term”) with no change to remaining terms or (iii) be returned to Utility service. If Customer does not select one of the above options before the Initial Term expires, at the Company’s discretion, the Customer will be: (i) returned to utility service; or (ii) renewed at a rate that is guaranteed to be at or below the local utility rate. Customer shall have 3 business days from receipt of the first billing statement of the Renewal Term to reject renewal terms and cancel the renewal agreement. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial term, and Customer or the Company may cancel or terminate this Agreement by providing 30 days’ advance written notice of termination to the other party. Customer shall have 3 business days from receipt of the first billing statement of the Renewal Term to reject renewal terms and cancel the renewal agreement. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial term, and Customer or the Company may cancel or terminate this Agreement by providing 30 days’ advance written notice of termination to the other party.
Pricing, Billing, and Termination. The price for products sold under this Agreement is described on the Customer Disclosure Statement. In addition, the following conditions apply:
Fixed Rate Natural Gas: The price for all natural gas sold under this Agreement shall be a fixed-rate product limited to a price no greater than the trailing 12-month average utility supply rate in effect on the date the Customer entered into the Agreement (“Contract Date”) plus a premium of no more than 5% per therm plus, all applicable taxes subject to the terms and conditions of this Agreement.
Fixed Rate Renewable Electricity: Products for the renewable electric product are not subject to any price cap.
Natural Rate Guaranteed Savings Variable: The rate will guarantee savings in relation to what the Customer would have paid as a full-service customer of the LDC on an annual basis, or with greater frequency (at the Company’s discretion). If required, the Company will provide a credit or refund to Customer. The credit or refund will be remitted either to Customer or to the LDC, at the Company’s discretion.
Variable Rate Renewable Energy Product: This product does not guarantee savings.
If there is a material adverse change in the business or financial condition of Customer (as determined by Company) at its discretion) or if Customer fails to meet its obligations under this Agreement, then, in addition to any other remedies that it may have, Company may terminate this Agreement upon 15 days’ written notice to Customer. Such termination will constitute a Customer breach.
For all fixed price products, if usage in any month exceeds the level of usage in the same month in the previous year (“Base Load”) by ten percent or more, the Customer will be charged a variable price for all usage in excess of the Base Load and the fixed price for usage up to the Base Load. If the usage in any month falls by ten percent or more below the Base Load, the Customer will be charged the fixed price for all usage and shall be charged for hedging, cash out costs, settlement or balancing costs related to the positive difference between the Base Load and actual consumption. If there is a material adverse change in the business or financial condition of Customer (as determined by Greenlight at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Greenlight may terminate this Agreement upon 15 days’ written notice to Customer. If Customer terminates this Agreement prior to the end of the Initial or Renewal Term or if Greenlight terminates this Agreement due to Customer’s breach, the Customer shall pay Greenlight, in addition to any other applicable charges, a cancellation fee equivalent to the multiplication of the (i) difference between the fixed price set forth in this Agreement and the calculation by Greenlight of the fixed price at the date of termination; and (ii) the estimated volumes for the remainder of the Initial or Renewal Term, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining damages. Notwithstanding the foregoing, for all residential customers and commercial customers solicited through door-to-door marketing, the early termination fee will be no greater than $100 if the remaining term is less than 12 months and $200 if the remaining term is 12 months or more.
Assignment Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Greenlight. Greenlight may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS.
Information Release Authorization. Customer authorizes Greenlight to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the LDC: consumption history; billing determinants; 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 § 32 (3); and information pertaining to PSL § 33, tax status and eligibility for economic development or other incentives. This information may be used by Greenlight 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 Greenlight. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Greenlight or by calling Greenlight at 1-888-453-4427. Greenlight reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
Consumer Protections. The services provided by Greenlight to Customer are governed by the terms and conditions of this Agreement and the New York State Public Service Commission rules and regulations (Orders) including the Uniform Business Practices (UBP) and other applicable requirements including the NYS Home Energy Fair Practices Act (HEFPA) for residential customers. Greenlight will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Greenlight, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Greenlight at 1-888-453-4427 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: www.dps.ny.gov. You may also contact the Department for inquiries regarding the competitive retail energy market at 1-888-697-7728 (collectively, “DPS Contact information”).
Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Greenlight at 1-888-453-4427 or in writing. Customer is liable for all Greenlight charges until Customer returns to the LDC 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-Gas. Customer hereby designates Greenlight as agent to; (a) arrange and administer contracts and service agreements between Customer and Greenlight and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Points, and with the LDC for the transportation of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Greenlight to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Greenlight as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDC and in response to information provided by the LDC. Greenlight agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Delivery Points to the Customer’s end-use premises. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
Agency-Electric. Customer hereby designates Greenlight as agent to; (a) arrange and administer contracts and service agreements between Customer and Greenlight and those entities including the New York Independent System Operator (“NYISO”) engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Delivery Point and the Customer’s end-use premises. Greenlight as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. The Delivery Points for the electricity will be a point at the NYISO Greenlight load bus (located outside of the municipality where Customer resides). These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
Title. Customer and Greenlight agree that title to, control of, and risk of loss to the electricity and/or natural gas supplied by Greenlight under this Agreement will transfer from Greenlight to Customer at the Delivery Point(s).
Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Greenlight. Greenlight makes no representations or warranties other than those expressly set forth in this Agreement, and Greenlight expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Force Majeure. Greenlight will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Greenlight does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Greenlight (“Force Majeure Events”) may result in interruptions in service. Greenlight will not be liable for any such interruptions caused by a Force Majeure Event, and Greenlight is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, pandemic, fire, flood, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), or any other cause beyond Greenlight’s control.
Liability. The remedy in any claim or suit by Customer against Greenlight 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 Greenlight 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.
13. Greenlight Contact Information. Customer may contact Greenlight’s Customer Service Center at 1-888-453-4427, Monday through Friday 9:00 a.m. – 5:00 p.m. (contact center hours subject to change). Customer may write to Greenlight at: Greenlight Energy Inc., 310 New York Avenue, Huntington, NY 11743.
Dispute Resolution (Residential). In the event of a billing dispute or a disagreement involving Greenlight’s service hereunder, the parties will use their best efforts to resolve the dispute. The services provided by (ESCO) to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. In the event of a billing dispute or a disagreement involving (ESCO) Customer can reach (ESCO) by telephone or in writing as provided above. For consumer complaints that cannot be resolved with the company, you may contact the New York Department of Public Service (DPS). DPS complaints may be directed as follows: Website: www.dps.ny.gov/complaints; DPS Helpline at 1-800-342-3377 (M-F 8:30am – 4:00pm); or Mail: Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS.
Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Greenlight’s service, Customer should contact Greenlight’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. DPS Contact Information is provided above.
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 Greenlight’s net income, shall be paid by Customer, and Customer agrees to indemnify Greenlight and hold Greenlight harmless from and against any and all such taxes.
Change in Law or Practice. 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. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Change in Law”) which impacts any term, condition or provision of this Agreement including, but not limited to price or, if there is a change to the manner in which any transporter, LDC, EDC, pipeline, NYISO agency or any other authority implements or interprets any law, rule, regulation, tariff, or regulatory structure that increases Seller’s costs (“Change in Practice”), Seller shall have the right to pass on such additional costs and/ or modify this Agreement to reflect such change.
Residential & Small Commercial Customers: Seller shall first obtain affirmative consent from residential and small commercial customers prior to passing on any additional costs and/or modifying this Agreement.
Large Commercial Customers: The Company shall provide written notice of such modification to the Customer as required by local law.
If at some future date there is a change in any law, rule, regulation, pricing structure or market condition whereby Seller is prevented, prohibited, or frustrated from carrying out the terms of the Agreement, or if Seller is unable to economically continue this Agreement, Seller shall have the right to cancel this Agreement on 15 days’ notice to Customer
Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Con Edison 1-800-75CONED; Orange and Rockland at 1-877-434-4100; KeySpan 718-643-4050 (NYC) and 1-800-490-0045 (Long Island); Niagara Mohawk at 1-800-892-2345; Central Hudson at 1-800-527-2714; RG&E at 1-800-743-1701; NYSEG at 1-800-572-1131; National Fuel at 1-800-444-3130 and emergency personnel. BGE – P.O. Box 1475 Baltimore, MD 21203 (800) 685-0123; POTOMAC EDISON – 10802 Bower Ave, Williamsport, MD 21795 (800) 686-0011. Customer should then call Greenlight Energy at: 888-671-9389; PECO-2301 Market St. Philadelphia PA 19103 (800) 494-4000 PGW-1601 S Broad St. Philadelphia PA 19148 (215) 235-1000; PPL-P.O. Box 25239 Lehigh Valley PA 18002 (800) 342-5775; UGI-P.O. Box 15503 Wilmington DE 19886 (800) 276-2722; Duquesne Light Co. – PO Box 67 Pittsburgh, PA 15267 (412) 393-7100; MetEd-501 Parkway Blvd. York PA 17404 (800) 545-7741; Penelec – 88 Plaza Dr. Towanda PA 18848 (800)545-7741; Penn Power-800 Cabin Hill Dr. Greensburg PA 15601 (800)720-3600; West Penn Power – 800 Cabin Hill Dr. Greensburg PA 15601 (800) 686-0021; National Fuel-1100 State St. Erie PA 16501 (800) 444-3130.
Signatory Affirmation. Signor affirms that he or she is authorized to make decisions regarding the account and voluntarily authorizes Supplier to make the enrollment. Customer agrees to accept all notifications by email to the email address provided at time of enrollment, or subsequently provided to Greenlight.
Telephone Communication. By accepting this Agreement, you consent to receive calls and/or texts for any purpose, including with marketing offers and other information, from [Company], its affiliates and/or assigns, at the telephone number(s) you provide to [Company], its affiliates and/or assigns, possibly through use of automated technology or pre-recorded voice. You agree that this consent survives the termination of your contract and that your consent to receive marketing communications is not a condition of purchase and may be revoked at any time.
Forward Contract. Each Party acknowledges that: (a) this Agreement is a forward contract and a master netting agreement as defined in the United States Bankruptcy Code (“Code”); (b) this Agreement shall not be construed as creating an association, trust, partnership, or joint venture in any way between the Parties, nor as creating any relationship between the Parties other than that of independent contractors for the sale and purchase of Commodities; (c) Seller is not a “Utility” as defined in the Code; (d) Commodity supply will be provided by Seller under this Agreement, but delivery will be provided by the Utility; and (e) the Utility, and not Seller, is responsible for responding to service problems or emergencies should they occur.
Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
Renewable Electric Products: Your electricity usage is matched by the generation of energy from renewable resources at the percentage identified above by retiring renewable energy certificates (RECs). RECs represent the environmental attributes associated with the applicable amount of renewable energy generation from various renewable sources that comply with the appropriate locational and delivery requirements. RECs will be purchased and retired to satisfy the percentage of renewable generation guaranteed by this agreement. New York State requires that the renewable mix provided under this agreement must be at least 50% greater than the applicable Renewable Energy Standard (RES) obligation for the current year. In order to satisfy the terms of this contract, at least 50% greater than the applicable RES obligation of the RECs must be purchased from eligible renewable generators through NYGATS; by purchasing Tier 1 RECs from NYSERDA; by procuring RECs from eligible renewable generators through bilateral contracts; by entering into bundled energy and REC purchase agreements with eligible renewable generators; or by making Alternative Compliance Payments to NYSERDA. The balance of RECs will be derived from renewable energy resources such as biomass, biogas, wind, solar or hydro resources located in the continental United States.