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 1-866-842-8166, by email at email@example.com, or by writing to ConEdison Solutions Customer Service, 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.
2. DEFINITIONS: 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 us to you when it is delivered to your EDC. Gross Receipts Tax is included in the price we will charge you under this Agreement. You shall be 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 an 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 without a cancellation fee by calling ConEdison Solutions at 1-866-842-8166 or by emailing ConEdison Solutions at firstname.lastname@example.org or by writing to: ConEdison Solutions Customer Service, 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; or (iii) if at any time you request separate bills from your EDC and ConEdison Solutions. In the event that service is cancelled pursuant to this paragraph, 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. PRICE AND TERM: The term of this agreement will begin on the meter read date that your electric generation supplier is changed to ConEdison Solutions by your EDC and will continue on a month to month basis thereafter. The price you will pay to ConEdison Solutions for your electric generation service through your __ meter read date will be as stated on the front of this Agreement. After that date your price may vary on a monthly basis based on current market prices and conditions. Although this is not a fixed term agreement, in the event that you have a fixed term agreement with us and it is approaching the expiration date or whenever we propose to change our terms of service in any type of agreement, you will receive two written notices from us in either your EDC bills or in corresponding mailings preceding the expiration date of this Agreement or the effective date of the proposed changes. We will explain your options to you in these advance notices.
13. 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 affiliates 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.
14. ENVIRONMENTAL INFORMATION DISCLOSURE: Information on air emissions and fuel mix is available upon request.
15. 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. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules, and regulations of authorities having jurisdiction and both parties agree to comply with all such applicable laws, orders, rules and regulations. In the event such changes in any such law, orders, rules and regulations has the effect of increasing ConEdison Solutions’ cost of electricity, we reserve the right to adjust the prices set forth herein to pass through such cost increase or to terminate this Agreement on 30 days prior written notice.
16. 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 Default Service Provider is your local utility/EDC:
Duquesne Light Company, 411 Seventh Avenue (6-1), Pittsburgh, PA 15267, 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, 1-800-494-4000;
PPL Electric Utilities, 827 Hausman Road, Allentown, PA 18104, 1-800-342-5775;
Pike County Light & Power Company, 390 West Route 59, Spring Valley, NY 10977, 1-877-434-4100
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 Default Service Provider changes, the Default Service Provider 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.
17. 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.