District of Columbia

Consolidated Edison Solutions, Inc.
Electricity Sales Agreement Terms and Conditions for
Residential and Small Commercial Rate Classes – District of Columbia

1. ELECTRICITY SUPPLY SERVICE. Consolidated Edison Solutions, Inc. (“ConEdison Solutions,” “our,” “us,” or “we”) is licensed (License No. EA-04-3) by the District of Columbia Public Service Commission (“Commission”) to supply electricity to customers in the District of Columbia, however, the Commission does not regulate the prices that we charge our customers. ConEdison Solutions agrees to sell, and you agree to purchase, your full electricity requirements in accordance with your Electricity Sales Agreement, and these terms and conditions. These terms and conditions, and the Electricity Sales Agreement, are collectively referred to herein as the “Agreement.”. The electricity supplied by ConEdison Solutions will be delivered to you by your local utility, Pepco (“utility”).
2. TERM. The initial term (“Term”) of this Agreement will begin on your next meter read date after your utility processes your enrollment which will not be before the expiration of your three-day right of rescission as described below. The Term will continue for the duration of time set forth on the Electricity Sales Agreement. After the initial Term, this Agreement will renew automatically in accordance with the “Automatic Renewal” section below until terminated in writing by you or us as provided in the “Termination” sections below. You will receive a 45-day renewal notice prior to the end of your initial Term and each renewal term.
3. PRICE. Your price per kilowatt hour (“kWh”) is set forth in the Electricity Sales Agreement. ConEdison Solutions will calculate your monthly electricity bill by multiplying (i) the price of electricity per kWh by (ii) the amount of electricity you used during the billing cycle. Your per kWh price does not include, and you are required to pay, applicable taxes as well as your utility’s charges. Payment will be due and payable as specified in the bill you receive from your utility. Your utility’s standard offer service electricity rate likely will change from time to time and, therefore, ConEdison Solutions cannot guarantee savings over the utility’s rates for the entire term of this Agreement.
4. RIGHT OF RESCISSION. You have the right to rescind this Agreement without penalty or fee within a 3-day period, which begins when you transmit the electronic acceptance via the internet or on the date that we mail or email this Agreement to you. If you decide to rescind this Agreement, please include the following information when contacting ConEdison Solutions: (1) request to cancel the Agreement; (2) name, address, phone number; and (3) Supplier Account Number. You may cancel by calling us at 1-888-320-8991 or emailing us at webinfo@conedsolutions.com.
5. AUTOMATIC RENEWAL. If ConEdison Solutions desires to renew the Agreement, then no later than 45 days prior to the end of the initial Term (and each subsequent Term), ConEdison Solutions will notify you of the pending renewal. The notice will include: (1) any changes to the material terms and conditions, including the electricity price, of this Agreement; (2) information on how you can terminate this Agreement at the conclusion of the Term without penalty; (3) a statement that terminating the Agreement without selecting another supplier will return you to the utility’s standard offer service; and (4) a statement that the Commission can provide you with additional information on the energy supply choices available to you This Agreement will automatically renew on such revised price and terms unless you cancel the renewal by notifying ConEdison Solutions within 15 days of your receipt of such notice.
6. BILLING AND PAYMENT. Your utility will provide you with a single monthly bill which will include the charge for the electricity provided by ConEdison Solutions, as well as the charges for the distribution, transmission and other services provided to you by your utility. The utility will set the date that your payment is due. Your bill will be based on the monthly meter reading by your utility. In the event that your utility later adjusts its reading for any reason, ConEdison Solutions’ charges will be similarly adjusted. You will make payment for all of these services directly to your utility in accordance with the payment terms stated in the utility’s tariff, which may include a late payment fee if your payment is not timely. Should your utility cease billing you and/or commence billing us for any charges relating to you, we will bill to you and you will pay us for all such charges, and you will be liable for all costs, including legal fees, associated with the collection of outstanding balances.
7. BUDGET BILLING. Budget billing is available upon request, subject to verification and reconciliation. Your budget amount will be the combination of a monthly utility amount for distribution and other services and a monthly budget amount for ConEdison Solutions’ electricity supply charges. Any settlements or adjustments to the utility’s or ConEdison Solutions’ monthly budget bill amounts may occur at the same time under the utility’s level payment plan or at a time designated by ConEdison Solutions. Under the Budget Billing option, ConEdison Solutions will use your previous usage history to estimate your annual electricity supply costs, given your pricing plan. Approximately every 3 months, we will review your account and may change the amount you pay to ensure that you are making appropriate payments based on your price and the amount of electricity you have used. At least once a year, ConEdison Solutions will reconcile the difference between what you have paid and what your actual electricity costs have been during the year. If you have paid more than required, we may adjust the amount of future Budget Billing or credit your excess payment to the ConEdison Solutions’ portion of your electricity bill. If you have paid less than required, we will adjust the amount of your future Budget Billing or bill you for the difference. In the event this Agreement is terminated, amounts due to either party shall become due with your final bill.
8. TITLE AND TAXES. Unless we notify you otherwise, title to the electricity sold hereunder shall pass from us to you when it is delivered by us to the utility. You shall be responsible for applicable transfer, sales or other taxes and charges related to this transaction, however designated, unless prior to execution of this Agreement you have given us and your utility applicable, valid tax exemption certificates.
9. FORCE MAJEURE. Except for your obligation to make payments when due, neither party shall be liable to the other for any delay or failure to perform caused by an occurrence of Force Majeure. “Force Majeure” means occurrences beyond a party’s reasonable control, including, without limitation, acts of God, acts of terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, hurricanes, civil disturbances, shortage or unavailability of transmission facilities, and actions of any governmental authority or your utility which result in conditions, limitations, rules, or regulations that materially impair either party’s ability to perform hereunder. The affected party shall give to the other reasonably prompt and detailed notice of the occurrence of any event of Force Majeure relied upon and use commercially reasonable efforts to promptly resolve the event of Force Majeure.
10. LIMITATION OF LIABILITY. ConEdison Solutions’ liability in connection with this Agreement shall in no event exceed the difference between the reasonable cost of replacing any unsupplied electricity and the price under this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE), INCIDENTAL, OR PUNITIVE DAMAGES FOR CLAIMS ARISING UNDER THIS AGREEMENT.
11. NO WARRANTIES. CONEDISON SOLUTIONS MAKES, AND YOU RECEIVE, NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND CONEDISON SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. CHANGE OF RESIDENCE. You must notify both your utility and ConEdison Solutions 45 days in advance of a change in your residence or business address. A final meter read will be made at your old address, the account at such address will be closed, and you will be responsible to pay for the electricity delivered to such address until the effective date of such termination. If you relocate within the utility’s service territory, you will be required to return to utility service for at least one month, after which you have the option of executing a new agreement with ConEdison Solutions.
13. TERMINATION OF AGREEMENT BY CUSTOMER. You may cancel this Agreement without penalty at any time by contacting ConEdison Solutions by telephone at 1-888-320-8991, by email at webinfo@conedsolutions.com, or by writing to ConEdison Solutions, Attn: Contract Termination, 100 Summit Lake Drive, Valhalla NY 10595. You may also terminate this Agreement by signing up with another electricity provider or by contacting your utility. The effective date of the termination will be the next applicable meter read date after expiration of the required notice period. Upon termination, payment will be due for all outstanding charges (including any late payment fees) for electricity provided prior to the effective date of the termination. In the event that you terminate this Agreement and do not choose another supplier, you will be returned to the utility’s standard offer service.
14. TERMINATION OF AGREEMENT BY CONEDISON SOLUTIONS. ConEdison Solutions may terminate this Agreement at any point during the Term upon 35 days written notice. ConEdison Solutions may also terminate this Agreement upon 35 days’ written notice effective as of the end of the then-current Term, in which case the Agreement will not automatically renew. In the event that service is terminated pursuant to this Section, you shall pay, upon being billed, all outstanding balances and any other costs incurred by ConEdison Solutions through the effective date of termination for which you have not already made payment. We will notify both you and your utility of the termination of this Agreement at least 15 days prior to the effective date of any such termination. The effective date of the termination will be the next applicable meter read date after expiration of the required notice period.
15. PRIVACY STATEMENT. You authorize the release by your utility to ConEdison Solutions of information relating to your account, including billing and payment history, account numbers, historical and future electricity usage, and meter readings. ConEdison Solutions will not give or sell your personal information to any unaffiliated party without your consent, unless we are required to do so by law, or it is necessary to protect our services, enforce our terms of service, or to prevent a violation of another party's rights. However, we may share your information with our consultants and contractors so that they may perform services for us, and, if our business or any portion of our business is sold, assigned to, or acquired by another entity, your customer information may also be transferred to that entity as one of our business assets.
16. POWER OUTAGES AND EMERGENCIES. In the event of an emergency, such as a power failure or a downed power line, you should call Pepco’ at 1–202–833–7500 or the s telephone number listed on your bill.
17. CONTACT INFORMATION AND DISPUTE RESOLUTION PROCEDURES. If you have a question, concern, or complaint regarding ConEdison Solutions’ service, please contact our Customer Service Center at 1-877-238-2143. ConEdison Solutions will attempt to address any customer complaint within fifteen (15) days of its receipt. ConEdison Solutions and you agree to use good faith efforts to resolve any dispute that may arise. Customers may also contact the District of Columbia Public Service Commission at 1-202-626-5100 or www.dcpsc.org or the District of Columbia Office of People’s Counsel at (202) 727-3071, www.opc-dc.gov. You must continue to pay all undisputed amounts and such payment shall be refunded later if warranted by the Commission’s decision and any further appeal, if applicable.
18. GENERAL PROVISIONS. This Agreement, or any rights or obligations hereunder, may be assigned by ConEdison Solutions upon 30 days notice. This Agreement sets forth the entire agreement between the parties respecting the subject matter hereof, and all prior agreements, understandings, and representations, whether oral or written, are merged in this Agreement. No waiver of any right under this Agreement shall be effective unless it is in writing and signed by an authorized representative of the party granting such waiver and no such waiver or failure to enforce a term or provision of this Agreement on any occasion shall be construed as a waiver of the same or any other term or condition on any other occasion. This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia without recourse to such state’s choice of law rules, except that any dispute regarding the use of electronic signatures and records to form this Agreement shall be determined pursuant to the Electronic Records and Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules, and regulations of authorities having jurisdiction (collectively “Laws”) and both parties agree to comply with all such Laws.
© 2016 ConEdison Solutions
ConEdison Inc. Company