1. ELECTRICITY SUPPLY SERVICE. Consolidated Edison Solutions, Inc. (“ConEdison Solutions,” “our,” “us,” or “we”) is licensed by the Illinois Commerce Commission (“Commission”) to supply electricity to customers in the State of Illinois; however, the Commission does not regulate the price that ConEdison Solutions charges to its customers. ConEdison Solutions is an independent seller of power and energy service certified by the Illinois Commerce Commission and is not representing or acting on behalf of your electric utility, governmental bodies (except where ConEdison Solutions may be enrolling your account pursuant to a government aggregation program), or consumer groups. ConEdison Solutions agrees to sell, and you agree to purchase, your full electricity requirements in accordance with the terms and conditions set forth herein for the account(s) and at the price specified on the first page of this Electricity Sales Agreement (“Agreement”). The electricity supplied by ConEdison Solutions will be delivered to you by your electric utility. Your utility remains responsible for the delivery of power and energy to your premises and will continue to respond to service calls and emergencies. There will no impact to your electricity service reliability, and your bill will separately itemize your utility’s delivery charges and ConEdison Solutions’ electricity supply price. You will receive written notification as confirmation from ConEdison Solutions upon enrollment and you will also receive written notification from your utility confirming your selection of ConEdison Solutions as your electricity supplier.
2. TERM. The initial term (“Term”) of this Agreement will begin on the next meter read date after your utility processes your enrollment request and will continue until your meter read on __. After the initial Term, this Agreement will automatically renew according to the renewal terms listed in the Automatic Renewal section below until terminated in writing by you or us as provided in the “Termination” sections below. You will receive a renewal notice at least 30 days but not more than 60 days prior to the end of your initial Term and each renewal term.
3. PRICE. ConEdison Solutions will supply your electricity at a fixed price of __ cents per kilowatt-hour, (kWh) excluding sales tax and your utility’s charges for its services. This price will be in effect during the term of this Agreement. This fixed price per kilowatt-hour is for the electricity supply portion of your electricity bill and is guaranteed for the term of your agreement.
4. AUTOMATIC RENEWAL. If ConEdison Solutions wishes to renew the Agreement, then no later than 30 days but not more than 60 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, and (3) a statement that terminating the Agreement without selecting another supplier will return you to your utility’s standard offer service. 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.
5. 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 and 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 the utility. In the event that the 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 the utility in accordance with the payment terms stated in the utility’s tariffs, which may include a late payment fee if your payment is not timely.
6. FEES. ConEdison Solutions does not charge its customers any switching fees or Early Termination Fees.
7. BUDGET BILLING. Budget billing is available upon request to your utility.
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. ENROLLMENT RESCISSION BY CUSTOMER. You may rescind this agreement and your pending enrollment by contacting us at 1-888-320-8991 before we submit the enrollment request to your utility or within ten (10) calendar days after the utility acknowledges the enrollment request. Residential customers may also rescind by contacting your utility, Commonwealth Edison, at 1-800-334-7661.
14. 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 firstname.lastname@example.org, or by writing to ConEdison Solutions, Attn: Contract Termination, 100 Summit Lake Drive, Suite 410, Valhalla NY 10595. Residential customers may also terminate this Agreement by signing up with another electricity provider or by contacting your utility. The effective date of your 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.
15. TERMINATION OF AGREEMENT BY CONEDISON SOLUTIONS. ConEdison Solutions may terminate this Agreement upon 45 days written notice if a change in law, regulation or tariff affects our ability to serve you. ConEdison Solutions may also terminate this Agreement upon 45 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.
16. PRIVACY STATEMENT. You hereby authorize your utility to release to ConEdison Solutions 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.
17. POWER OUTAGES AND EMERGENCIES. In the event of an emergency, such as a power failure or a downed power line, you should call your utility at the telephone number listed on your monthly bill or as follows: Commonwealth Edison: 1-800-334-7661.
18. CONTACT INFORMATION AND DISPUTE RESOLUTION PROCEDURES. If you have a question, concern, or complaint regarding ConEdison Solutions’ service, please contact our Customer Service Center: ConEdison Solutions 100 Summit Lake Drive, Suite 410, Valhalla, NY 10595 or call 1-888-320-8991 or fax 914-686-1420 or email email@example.com. ConEdison Solutions will attempt to address any customer complaint within fourteen (14) days of our receipt of the complaint. ConEdison Solutions and you agree to use good faith efforts to resolve any dispute that may arise. Customers also have the right to submit an informal complaint to the Illinois Commerce Commission-Consumer Services Division by contacting them at 527 East Capitol Ave., Springfield, IL 62701 at 1-217-782-2024 or http://www.icc.illinois.gov. If a resolution is not reached through the informal complaint process, a customer may also pursue the matter by filing a formal complaint to be considered by the Commission. The necessary forms for filing will be sent to the consumer by the Chief Clerk’s office. Customers also have the right to file a complaint with the Illinois Attorney General-Consumer Protection Bureau by contacting them at 500 South Second Street, Springfield. IL 62706 at 312-814-5094 or http://illinoisattorneygeneral.gov.
19. GENERAL PROVISIONS. This Agreement, or any rights or obligations hereunder, may be assigned by ConEdison Solutions upon 15 calendar days prior written notice. This Agreement sets forth the entire agreement between the parties respecting this 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 State of Illinois 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 applicable Laws.