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Terms and Conditions - SCROLL DOWN TO ACCEPT! Consolidated Edison Solutions, Inc. Electricity Sales Agreement Terms and Conditions for Residential and Small Commercial Rate Classes – Maryland 1. ELECTRICITY SUPPLY SERVICE. Consolidated Edison Solutions, Inc. (“ConEdison Solutions,” “our,” “us,” or “we”) is licensed (License No. IR-603) by the Maryland Public Service Commission (“Commission”) to supply electricity to customers in the State of Maryland, 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 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 Local Distribution Company (“LDC”). 2. TERM. The initial term (“Term”) of this Agreement is set forth on the first page of the Agreement. After the initial Term, this Agreement will automatically renew for additional 12-month renewal terms as provided 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 45-day renewal notice prior to the end of your initial Term and each renewal term. 3. 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, and (3) a statement that terminating the Agreement without selecting another supplier will return you to your LDC’s standard offer service. This Agreement will automatically renew for a term of 12 months on such revised price and terms unless you cancel the renewal by notifying ConEdison Solutions within 15 days of your receipt of such notice. 4. BILLING AND PAYMENT. Your LDC 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 LDC. The LDC will set the date that your payment is due. Your bill will be based on the monthly meter reading by the LDC. In the event that the LDC 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 LDC in accordance with the payment terms stated in the LDC’s tariffs, which may include a late payment fee if your payment is not timely. 5. BUDGET BILLING. Budget billing is available upon request, subject to verification and reconciliation. Your budget amount will be the combination of a monthly LDC amount for distribution and other services and a monthly budget amount for ConEdison Solutions’ electricity supply charges. Any settlements or adjustments to the LDC’s or ConEdison Solutions’ monthly budget bill amounts may not occur at the same time. 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 by us to the LDC. 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 LDC 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 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 LDC 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. 8. 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. 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. CHANGE OF RESIDENCE. You must notify both your LDC 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 LDC’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. 11. 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 [email protected], 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 LDC. 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 LDC’s standard offer service. 12. 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 LDC 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. 13. PRIVACY STATEMENT. You authorize the release by your LDC 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. 14. POWER OUTAGES AND EMERGENCIES. In the event of an emergency, such as a power failure or a downed power line, you should call your LDC telephone number listed on your monthly bill or at the phone number provided below: Allegheny Power 1-800-255-3443 BGE 1-877-778-2222 Delmarva 1-800-375-7117 Pepco 1-202 833-7500 15. 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 1-888-320-8991. 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 Maryland Public Service Commission at 1-800-492-0474 or www.psc.state.md.us or the Maryland Attorney General’s Office at www.oag.state.md.us or at 1-888-743-0023. 17. 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 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 Maryland 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.
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