EAST COAST POWER & GAS RESIDENTIAL/SMALL COMMERCIAL CUSTOMER AGREEMENT AND DISCLOSURE STATEMENT, ELECTRICITY SUPPLY SERVICE
These Terms and Conditions, together with the “Electricity Supplier Contract Summary,” create your Agreement (this “Agreement”) with East Coast Power & Gas (“East Coast”), authorizing East Coast to change your electricity supplier to East Coast, and provide you with electric service. East Coast is an independent seller of electricity licensed by the Delaware Public Service Commission (the “PSC”) to supply electricity in the State of Delaware. East Coast’s license number is: 18-0134. East Coast is not representing or acting on behalf of the Electric Distribution Company (“EDC”) responsible for the electric service territory where you reside, nor does East Coast represent any governmental bodies or consumer groups. You will receive written notification from the EDC confirming the switch of your electricity supply to East Coast. The term “you” or “your” refers to the Customer on the electric account for the service location premises and who has signed this Agreement.
1. Services. When you are enrolled with your EDC as an electricity supply customer of East Coast, East Coast will provide electricity supply service to you at the service location premises at the price and under the Terms and Conditions provided in this Agreement. By entering into this Agreement, you are authorizing East Coast to enroll you with the EDC as an electricity supply customer of East Coast.
2. Electricity Supply Price. If fixed, you will receive electricity supply service at a fixed price from East Coast. Your agreement will renew to a variable rate, which will vary from month-to-month, with no limits on price variability. If variable rate, the price assigned to any particular individual account may vary from the price assigned to any other particular individual account, even though such accounts may be in the same utility rate class. East Coast’s electricity supply service price includes Generation Charges and Transmission Charges, and estimated current total state taxes, including current Gross Receipts Taxes, but excludes applicable state and local sales taxes. East Coast charges do not include the EDC’s Distribution Charges for delivery of the electricity to the service location premises. The EDC’s prices are regulated by the PSC.
3. Billing and Payment. The cost of your electric service will be included on your bill from the EDC, and is due and payable when your EDC bill is due at the billing address provided in your EDC bill. You acknowledge that the EDC may provide us with your billing and payment information. You will be invoiced for East Coast charges under this Agreement at the applicable price set forth in the “Supply Price” in the Electricity Supplier Contract Summary attached, multiplied by your electricity usage as measured by the EDC in kWh during the applicable billing period. You agree to accept the measurements as determined by the EDC for purposes of accounting for the amount of power and energy services provided by us under this Agreement. If the EDC is unable to read your meter, the EDC will estimate your usage and your charges will be calculated accordingly and adjusted on a future bill. Supply under this Agreement is conditioned on the EDC accepting our enrollment of your account.
4. Term of Service. For fixed rate service, electricity supply will begin on the date that the EDC successfully switches your electricity supplier to East Coast, and will end when the EDC successfully switches your supply service either back to the EDC as the default supplier or to another electricity supplier selected by you. Upon any termination of this Agreement, you will return to receiving default service from the EDC unless you have selected another electricity supplier.
5. Renewal. Your Agreement will renew on a monthly basis unless you affirmatively select a new contract or terminate/cancel with 30 days’ notice. You will receive at least 45 days’ written notice prior to automatic renewal of your agreement.
6. Net Metering. If you now own or plan to install solar, wind, or other renewable electrical generating facilities (other than a standby emergency generator) in order to supply all or part of your electricity usage, and such generating facility is or will be net metered by the EDC, you must notify us to determine your eligibility for our electricity service.
7. Customer Rescission. You may rescind this Agreement within three (3) business days without penalty. The rescission period begins either: a) when you sign this contract; b) when you transmit acceptance of this contract electronically; or c) when you receive this contract and contract summary, if received by mail. There shall be a rebuttable presumption that a Contract and Contract Summary correctly addressed to a Residential or Small Commercial Customer with sufficient first class postage attached shall be received three (3) days after it has been properly deposited in the United States mail.
8. Termination by You. An early termination fee applies for cancellation of this Agreement. For all residential customers, the early termination fee will be no greater than $100 if the remaining term is 12 months or less and $200 if the remaining term exceeds 12 months. For all other customers, the early termination fee will equal the multiplication of the (i) difference between the price set forth in this Agreement and the calculation by East Coast Power & Gas LLC of the 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. You may cancel by notifying us in writing, by phone or by e- mail at any of the addresses below for East Coast under the heading “Notices and Contact Information,” or by your choice to return to default service from your EDC or your selection of another electricity supplier. If you cancel because of relocation outside of your current EDC’s service territory, you may terminate your Contract with no termination fee. Cancellation becomes effective upon the processing of your cancellation request by the EDC. You will be obligated to pay for the electricity and related services provided under this Agreement prior to the date that the cancellation becomes effective, including applicable late fees.
9. Termination as a Result of Relocation. You may also cancel this contract with forty-eight (48) hours’ notice without penalty, as a result of your relocation within or outside the EDC’s franchise area, disability that renders you (the customer of record) unable to pay for service, and/or your (the customer of record’s) death. Upon cancellation, you will be obligated to pay for the electricity and related services provided pursuant to this Agreement prior to the date that such cancellation becomes effective, including applicable late fees.
10. Termination by East Coast and/or the EDC. East Coast may terminate this Agreement prior to the stated term of the contract, without penalty to you. In addition, East Coast reserves the right to terminate this Agreement at any time, for any reason allowed by law, upon at least 30 days’ prior written notice of termination. Such notice will include procedures to maintain ongoing service. Your EDC retains the right to terminate your service for failure to pay the EDC’s and East Coast’s charges. Upon termination, you will be obligated to pay for the electricity and related services provided under this Agreement prior to the date that such termination becomes effective.
11. Historic Pricing. You may obtain the previous 24 months’ average monthly billed prices for your rate class and EDC service territory by contacting Delmarva Power & Light Company at https://www.delmarva.com/MyAccount/MyService/Pages/DE/PricetoCompare.aspx or 1-800-375- 7117. Historical pricing is not indicative of present or future pricing. Future pricing of variable rates will be made available to you in your renewal notice, or upon request by contacting East Coast at the contact above.
12. Assignment. You may not assign your interest in and obligations under the Agreement without the express prior written consent of East Coast. East Coast may, without obtaining your consent, sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with this Agreement and may, without obtaining your consent, assign this Agreement to another licensed electricity supplier, energy services company or other entity in accordance with the PSC rules and procedures, if any, governing such transactions.
13. Force Majeure. Force Majeure means an event or circumstance not reasonably within the control of or due to the negligence of East Coast, including without limitation, extreme weather events, acts of God, accidents, strikes, labor disputes, required maintenance work, inability to access the EDC system, nonperformance by the EDC, cuts to service lines, changes in laws, regulations or practices and procedures of any governmental authority or any other cause beyond the reasonable control of East Coast. East Coast will endeavor in a commercially reasonable manner to provide service, but cannot guarantee a continuous supply of electrical energy. Force Majeure events may result in interruptions in service to you, East Coast does not produce, transmit or distribute electricity provided this Agreement and therefore will not be liable for any damages whatsoever for such interruptions in service.
14. Changes in Fixed Price or Material Terms. East Coast shall provide written notice to you of any change in the fixed price or other material terms of service. The written notice will precede the effective date of the proposed changes by at least thirty (30) days and not more than sixty (60) days. You will have at least thirty (30) days to respond to East Coast’s written notice before the change(s) become effective.
15. Complaint Procedure. You may contact East Coast at (800) 545-9155, or by mail at 340 Jackson Avenue, Bronx, NY 10454 with any questions regarding our terms of service. You may contact the Delaware PSC at 861 Silver Lake Blvd., Cannon Building, Suite 100, Dover, DE 19904 and at 302-736- 7500. You may contact the Delaware Public Advocate’s Office at 29 South State Street, Dover, DE 19904, and toll-free at 1-888-607-2427, or by email at firstname.lastname@example.org. If there is a good faith dispute concerning an unpaid bill or bills, termination of service will not take place pending determination of the dispute, provided the EDC is notified of the existence of the dispute prior to actual termination.
16. Limitations of Liability. LIABILITY FOR DAMAGES NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE.
17. No Representations and Warranties. The electricity supplied by East Coast under this agreement will be purchased by East Coast from a variety of sources. EAST COAST MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. EAST COAST EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES, AND
FITNESS FOR A PARTICULAR PURPOSE.
19. Emergencies. Your EDC will continue to operate the electric distribution and transmission lines and to maintain responsibility for power outages and for power quality. In the event of an emergency such as a power failure or a downed power line, you should call your EDC at: 1-800-898-8042. You agree to hold East Coast harmless in the event of a loss of power caused by any entity other than East Coast.
20. Notices and Contact Information. All Notices and similar correspondence specifically required to be in writing and delivered as specified in this Agreement to you may be made by regular mail, electronic mail, courier, or facsimile. By including your internet e-mail address in your written authorization, your telephone authorization, or your on-line internet application to change electricity service providers to East Coast, you specifically agree that the written notices contemplated in this Agreement may be delivered to you electronically at the e-mail address so included. You may revoke your agreement to accept notices from us electronically by notifying us in writing of that revocation. Notices will be effective upon either confirmation of receipt by the person to whom it is addressed or when delivery is confirmed by the carrier, whichever is earlier: East Coast may be contacted by phone, toll free, at (800) 545-9155, by e-mail at email@example.com or in writing by U.S. mail at 340 Jackson Avenue, Bronx, NY 10454. You may contact the PSC in writing at Delaware Public Service Commission, 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904, or by phone at (302)736-7500.
21. Signatory Affirmation. Signor affirms that he or she is authorized to make decisions regarding the account and voluntarily authorizes East Coast 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 East Coast.