Pennsylvania Electricity Supply Contract General
Terms & Conditions and Disclosure Statement
for Residential & Small Business Customers
1. RIGHT TO CANCEL:
You may cancel this Agreement within three (3) business days of your receipt of the Agreement by contacting ConEdison Solutions by telephone at 1-888-320-8991, by email at firstname.lastname@example.org, or by writing to ConEdison Solutions Customer Operations, 100 Summit Lake Drive, Suite 410, Valhalla, NY 10595. Any cancellation after the third business day is subject to the provisions of Paragraph 10 below.
Generation charges are the basic service charges for electricity generation supply to retail customers. Generation charges are competitively priced, are not regulated by the Pennsylvania Public Utility Commission, and are determined by the agreement between the customer and the electricity generation supplier. Distribution charges are the basic service charge for delivering electricity over a distribution system to a home or business. Transmission charges are the basic service charges for the cost of transporting electricity over high voltage wires from the generator to the distribution system. The Federal Energy Regulatory Commission regulates retail transmission prices and services which vary with your source of supply.
3. PRICE REGULATION:
Generation prices and charges are set by the electric generation supplier you have chosen. The Pennsylvania Public Utility Commission regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services.
4. BILLING AND PAYMENT:
Your bill will be based on monthly meter readings by your local utility/Electric Distribution Company (EDC) and all billing and payments will be handled by the EDC. The price charged by ConEdison Solutions, which includes generation and transmission charges, will be included on your EDC’s bill.
5. DISPUTED INVOICES:
You shall notify your EDC in writing of any disputed bill, stating the reason for the dispute, within twenty (20) days of receiving the bill and pay the undisputed part of the bill.
6. TITLE AND TAXES:
Unless we notify you otherwise, title to the electricity sold hereunder shall pass from ConEdison Solutions to you when it is delivered to your EDC. Gross Receipts Tax is included in the price we charge you under this Agreement. You are responsible for the amount of any sales or other taxes and charges related to this transaction, however designated, unless, prior to execution of this Agreement, you have given us applicable, valid tax exemption certificates.
7. 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 occurrence beyond a party’s reasonable control, including, without limitation, acts of God, strikes, lockouts or other industrial disturbances, acts of terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, shortage or unavailability of transmission facilities, and actions of any governmental authority or your EDC, which result in conditions, limitations, rules, or regulations that materially impair either party’s ability to perform hereunder. The affected party shall give reasonably prompt and detailed notice to the other party of the occurrence of any event of Force Majeure relied upon and use commercially reasonable efforts to resolve the Force Majeure event.
8. LIMITATION OF LIABILITY:
CONEDISON SOLUTIONS’ LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE DIFFERENCE BETWEEN THE REASONABLE PRICE OF REPLACING ANY ELECTRICITY WE FAIL TO SUPPLY AND ITS 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.
9. 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.
10. CANCELLATION OF AGREEMENT BY CUSTOMER:
You may cancel this Agreement by calling ConEdison Solutions at 1-888-320-8991 or by emailing ConEdison Solutions at email@example.com or by writing to: ConEdison Solutions Customer Operations, 100 Summit Lake Drive, Suite 410, Valhalla, NY 10595. You may also cancel this Agreement by signing up with another electric generation supplier or by contacting your EDC at the phone number shown below. Upon cancellation, payment will be due for all outstanding charges (including any late payment fees) for electricity supplied prior to the effective date of termination.
11. CANCELLATION OF AGREEMENT BY CONEDISON SOLUTIONS:
ConEdison Solutions reserves the right to cancel this Agreement: (i) for non-payment of any charges owed to ConEdison Solutions provided at least 10 days has elapsed from the payment due date; (ii) if your EDC is unable to read your meter for three (3) months in a row; (iii) if at any time you request separate bills from your EDC and ConEdison Solutions; (iv) in accordance with the provision in Section 18 below. In the event that service is cancelled pursuant to this section, you shall pay, upon being billed, all outstanding balances and any other costs incurred by ConEdison Solutions. We will notify both you and your EDC of the cancellation of this Agreement at least 15 days prior to the effective date of termination.
12. CHANGE IN TERM:
If you have a fixed term agreement approaching the expiration date, or whenever we propose to change the terms of service in any type of agreement, you will receive two separate written notifications that precede either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward.
13. EXPIRATION AND RENEWAL OF AGREEMENT:
Upon expiration of the original term of your Agreement, the Agreement will automatically renew to a new fixed price term, which will be detailed in the notifications sent to you and described above. Notwithstanding any auto-renewal options offered to you, ConEdison Solutions reserves the right to return you to the EDC’s default service at the end of the current term of your Agreement.
14. PRIVACY STATEMENT:
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 someone’s rights. However, we may share your information with our agents so that they may perform services for us, and, if our business or any portion of our business is sold, or assigned to, or acquired by another entity, your customer information may also be transferred to that entity as one of our business assets.
15. ENVIRONMENTAL INFORMATION DISCLOSURE:
Information on air emissions and fuel mix is available upon request.
16. GENERAL PROVISIONS:
This Agreement shall extend to and be binding upon the respective successors and permitted assigns of the parties; provided, however, that you may not assign this Agreement without our prior written consent, and any purported assignment without such consent shall be void. This Agreement sets forth the entire agreement between the parties respecting this subject matter, 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.
17. CUSTOMER CONTACT INFORMATION:
ConEdison Solutions is licensed by the Pennsylvania Public Utility Commission to offer and supply electric generation services in Pennsylvania. Our PUC license number is A-110055. ConEdison Solutions’ internet address is www.conedsolutions.com, our toll free telephone number is 1-800-316-8011, and our address is 100 Summit Lake Drive, Suite 410, Valhalla, NY 10595. Your Provider of Last Resort is your local utility/EDC, either:
Duquesne Light, 411 7th Ave, Pittsburgh, PA 15267 at 1-412-393-7100;
Met-Ed/Penelec P.O. Box 3687, Akron, OH 44309-3687, 1-800-545-7741;
PECO, 2301 Market St., Philadelphia, PA 19101 at 1-800-494-4000
PPL Electric Utilities, 827 Hausman Road, Allentown, PA 18104 at 1-800-342-5775
Pike County Light & Power, 390 West Route 59, Spring Valley, NY 10977 at 877-434-4100
Penn Power 341 White Pond Dr., Akron, Ohio 44320 at 1-800-720-3600
West Penn Power, 341 White Pond Dr., Akron, Ohio 44320 at 1-800-686-0021
If your provider of last resort changes, the new provider of last resort will notify you of the change and provide you with their name, address, telephone number and Internet address. In addition, you can obtain service through your EDC at the above address and phone number. We will attempt to address any customer complaint within fifteen (15) days of its receipt. If the matter is not resolved to your satisfaction, you may also contact the Pennsylvania Public Utility Commission by writing to them at P.O. Box 3265, Harrisburg, PA 17105-3265 or by calling the Electric Competition Hotline at 1-800-692-7380.
18. GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania 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. In the event that changes in any laws, orders, rules, tariffs, or regulations has the effect of increasing our cost of electricity, we will advise you of such change and notify you of the new price at which we propose to continue to serve you under your Agreement. We will advise you of such proposed new contract price in two advance notices prior to the effective date of the new price. You may then affirmatively elect the new contract price and we will continue to provide generation service at that price, or, if you do not elect the new contract price, ConEdison Solutions has the option of returning your account to your EDC’s default generation service.
Electric Generation Supplier Contract Summary
|Electric Generation Supplier Information ||ConEdison Solutions |
100 Summit Lake Drive, Suite 410
Valhalla, NY 10595
ConEdison Solutions is an Electricity Generation Supplier or EGS and is responsible for generation charges.
|Price Structure ||Fixed price. |
|Generation/Supply Price |
|__¢/kWh for the term of your agreement. |
|Statement Regarding Savings |
|Your electricity supply price may not always provide savings. Please note that the %utility.Utility% Price to Compare adjusts %utility.RateChange%. |
|Deposit Requirements ||No deposit required from ConEdison Solutions. |
|No incentives with this offer. |
|Contract Start Date |
|Your start of service will begin on your meter read for %startdate%. |
|Contract Term/Length ||%term% month term through __. |
|Cancellation/Early Termination Fees |
|No cancellation or early termination fees. |
|Renewal Terms |
|ConEdison Solutions will provide you with two notices before the expiration of your contract or prior to any changes to the terms of your Agreement. |
1st Notice—45 to 60 days in advance
2nd Notice—At least 30 days in advance
These notices will be provided by mail and will describe your options, including your renewal Price. If you do not respond to these two notices, your Agreement will automatically renew on the price and terms provided to you in these two notices.
You may cancel the renewal Agreement without any early cancellation fees.
|Electric Distribution Company Information ||%utility.Utility% |
%utility.Utility% is your Electricity Distribution Company and is responsible for distribution charges, as well as any emergencies and outages.