Agreement to Sell and Buy Energy: This is an agreement between Energy Plus Holdings LLC (“EPH”) and you, the customer (“you” or “Customer”) for the sale and purchase of electricity and/or between Energy Plus Natural Gas LLC (“EPNG”) and you for the sale and purchase of natural gas (“Agreement”). EPH and EPNG may be collectively or individually referred to as “Energy Plus®” or “EP”. Generally, the words “you” and “your” refer to the Customer and “we” and “us” refer to EP, unless clearly stated otherwise. EPH agrees to sell and you agree to purchase all of your electricity requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). EPNG agrees to sell and you agree to purchase all of your natural gas requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). By entering into this Agreement, you authorize EP to take the steps necessary to switch your electricity and/or natural gas supply service to EP. You agree to appoint EP as your agent to acquire the necessary supplies to meet your electricity and/or natural gas needs as required by your electric distribution company (“EDC”) or natural gas distribution company (“GDC”). This Agreement is for electric service and/or natural gas supply service only. Your EDC and/or GDC, and not EP, will continue to be solely responsible for the delivery of electricity and/or natural gas to your locations through its transmission and distribution facilities.
Rate: For Natural Gas - You will receive a promotional supply rate for your first three (3) billing cycles. The promotional supply rate for natural gas may change each billing cycle during this period; however, it will be at least 5% lower than your GDC supply rates effective the first day of each month for the following rate classes: for NJNG residential customers – RS; for NJNG commercial customers – GSS; for PSE&G residential customers – RSG; for PSE&G commercial customers – GSG/LVG. The promotional supply rate is valid only for customers who are not currently, and have not previously been, enrolled in service with EP. After the first three (3) billing cycles, this promotional supply rate will expire. Thereafter, you will be charged a variable supply rate that is subject to change each billing cycle based on many different factors, including our cost to purchase natural gas, capacity, storage, nominating, balancing, transportation to the delivery point, agency services; plus all applicable taxes, fees, charges, costs, expenses, and margins. While on a variable supply rate, you may call EP using the contract information below to determine what your maximum supply rate will be for your upcoming bill. The promotional and subsequent variable supply rates may be higher than your GDC’s supply rate. EP does not guarantee any savings over the GDC’s rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include GDC charges, which are separate amounts that you must pay your GDC. For Electricity - You will receive a promotional supply rate for your first three (3) billing cycles. The promotional supply rate for electricity is stated in your Welcome Confirmation and will remain at that rate for all three (3) billing cycles. This promotional supply rate is only valid for customers who are not currently, and have not previously been, enrolled in service with EP. After the first three (3) billing cycles, this promotional supply rate will expire. Thereafter, you will be charged a variable supply rate that is subject to change each billing cycle based on many different factors, including our cost to purchase electricity, capacity, congestion, settlement, ancillaries, related transmission and distribution charges and other market-related factors; plus all applicable taxes, fees, charges, costs, expenses and margins. While on a variable supply rate, you may call EP using the contact information listed below to determine what your supply rate will be for your upcoming bill. The promotional and subsequent variable supply rates may be higher than your EDC's supply rate. EP does not guarantee any savings over the EDC's rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include EDC charges, including, but not limited to, EDC delivery and distribution charges, which are separate amounts that you must pay your EDC. If you selected the Energy Plus Green Option, you will be charged an additional charge of approximately $0.01 per kWh for the purchasing of Renewable Energy Certificates. The incremental rate for the Green Option may change. Current and historical rates should not be taken as a guarantee of future rates.
Right to Rescind: You will receive a confirmation notice for your choice of supplier and have seven (7) calendar days from the date of such notice to contact your EDC and/or GDC and rescind the selection(s). This Agreement is not binding until the seven (7)-day confirmation period has expired and you have not rescinded the supplier selection. Any cancellation after the seven (7)-day confirmation period shall be subject to the Term provisions outlined below.
Term: EPH will begin to provide electric service to you on the first regularly scheduled meter read date that occurs after your EDC has switched your account to EPH. EPNG will begin to provide natural gas service to you on your next month’s cycle meter reading date after your GDC has switched your account to EPNG. (The service switch dates for electric or natural gas will not be before the expiration of your seven (7)-day right of rescission as required by the New Jersey Board of Public Utilities ("NJ BPU")). Your service with EPH or EPNG, as applicable, will continue on a month-to-month basis until this Agreement is cancelled by you or EP and your EDC and/or GDC switches your account(s), as applicable, to: for electricity, its basic/default service (“basic service”) or to another electric supplier, or for natural gas, its basic service or to another natural gas supplier. You may cancel this Agreement at any time without paying a cancellation fee. Cancellation is effective on the next meter read date that occurs after your EDC and/or GDC has switched your account from EP. You must provide EP at least thirty (30) days’ advance written notice before the next regularly scheduled meter read in order for the cancellation to be effective as of that reading. If you cancel this Agreement prior to the end of your second billing cycle, you may forfeit some of the rewards described in your Welcome Confirmation. If your EDC and/or GDC terminates your service, this Agreement will be automatically cancelled. If you fail to remit payment when due, or if you breach any of the other terms and conditions of the Agreement, then, in addition to any other remedies EP may have, EPH or EPNG, as applicable, has the right to cancel the Agreement, in whole or with respect to any particular account(s) covered by the Agreement, upon thirty (30) days' written notice, even if you make payment or correct the problem that caused the cancellation within the thirty (30)-day period. EP reserves the right to cancel this Agreement, in whole or with respect to any particular account(s) covered by this Agreement for any reason, with thirty (30) days’ advance written notice to you. Cancellation is effective upon the date as deemed effective by the EDC and/or GDC, after any applicable notice period, and you will be responsible for unpaid balances as of the cancellation date, until your account is paid in full, but we will not assess a cancellation fee. You may cancel this contract, with forty-eight (48) hours’ notice without penalty or cancellation fee, as a result of a relocation within or outside the EDC and/or GDC's franchise area, disability that renders the customer of record unable to pay for service, and/or the customer of record's death. There is no charge for starting or stopping electricity and/or natural gas supply service with EP if done within the terms of this Agreement.
For Electric - You will receive one consolidated bill from your EDC each billing cycle for the electric service provided by EPH and the transmission, distribution and other services provided by your EDC, plus all applicable taxes.
For Natural Gas– You will receive one consolidated bill from your GDC each billing cycle for the natural gas supply service provided by EPNG and the distribution and other services provided by your GDC, plus all applicable taxes.
For both electric and natural gas, you agree to remit payment for all of these services directly to your EDC and/or GDC in accordance with the payment terms stated in your EDC and/or GDC's tariffs. Failure to make payment for one hundred and twenty (120) days may result in separate bills from your EDC and/or GDC and EP. In the event that EP must separately bill you, late payment fees of 1.33% may begin to accrue upon balances being more than five (5) days past-due. EP's failure to charge late fees when due shall not be construed as a waiver of EP's right to such late fees. Failure to make full payment may be grounds for disconnection of utility services. A $20 fee per account may be assessed for any payment returned due to insufficient funds. If any payments made by you directly to EP are rejected two times in a one-year period, the only form of payment acceptable will be a certified check, money order or electronic funds transfer. If you make a payment for a lesser amount, which includes a statement or letter indicating that the lesser payment constitutes full payment, EP may accept such payment without prejudice to any other rights or remedies that EP may have against you and EP may apply it to your account(s) as a partial payment. Customer agrees to timely review its invoice and agrees that subject to applicable tariff and law, unless notice is given to EP within ninety (90) days of the invoice date, all invoiced amounts shall be deemed to be correct and Customer shall waive any right to dispute amounts set forth on such invoice.
Title and Taxes: Title to, control of, and risk of loss of the electricity and natural gas sold under this Agreement will pass from EP to Customer when it is delivered to Customer’s EDC and/or GDC. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of action and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to EP's service(s) under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with EP and/or your EDC/GDC, as applicable.
Limitation of Liability: EP’s aggregate liability arising out of or related to this Agreement shall not exceed the amount of your largest monthly invoice for electric service or natural gas service during the twelve (12) months immediately preceding cancellation of this Agreement. The Parties agree to the extent permitted by law that the statute of limitations with respect to all claims arising out of or related to this Agreement shall be reduced to the lesser of (x) two years from the event giving rise to the claim or (y) the minimum period permitted by law and any action not brought within such time period shall be barred without regard to any other limitations period. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, EP’S LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.
Binding Effects; Assignment: This Agreement shall extend to and be binding upon EP’s respective permitted successors and permitted assigns. Customer may not assign this Agreement without EP’s prior written consent and any attempted assignment shall be void. EP may sell, transfer, pledge, encumber or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement, and may assign the rights and obligations hereunder, in whole or in part, consistent with applicable law.
Customer Complaints: If you have questions about your bill or service, you may contact EP (see EP Contact Information below). If you are not satisfied with the response from EP’s Customer Care representative, you may ask that your questions be referred to an EP supervisor, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the NJ BPU or request information from the NJ BPU regarding your consumer protection rights. The NJ BPU’s contact information is listed below.
NJ BPU (800) 624-0241 www.state.nj.us/bpu/assistance.
Other Provisions: This Agreement and the Welcome Confirmation are, together, the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements, either written or oral. Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and EP. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules and regulations of authorities having jurisdiction over the subject matter hereof. You acknowledge that this Agreement is a forward contract within the meaning of the United States Bankruptcy Code and that EPH and EPNG are forward contract merchants. This Agreement is made and shall be construed in accordance with the laws of the State of New Jersey. There are no third party beneficiaries to this Agreement.
Force Majeure: EPH or EPNG, as applicable, will use commercially reasonable efforts to provide the electric and/or natural gas service contemplated herein, but neither EPH nor EPNG guarantees a continuous supply of electricity and/or natural gas. Certain Force Majeure events outside the control of EPH or EPNG, as applicable, may cause interruptions in service. If a Force Majeure event prevents EPH or EPNG from performing its obligations in whole or in part, its performance shall be excused for the duration of such event, and neither EPH nor EPNG will be liable for damages associated with any delay or failure to perform as a result thereof. "Force Majeure" shall include, without limitation, acts outside of EPH’s or EPNG’s control, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, natural disasters, explosions, fires, or similarly cataclysmic occurrence, failure, shortage or unavailability of generating units or transmission facilities, nonperformance by the EDC and/or GDC, or any change in law or any other action by a governmental authority that materially impairs the ability of EPH or EPNG to perform its obligations under this Agreement. EPH or EPNG will give you reasonably prompt and detailed notice of any Force Majeure occurrence.
Severability: Each provision of this Agreement is made subject to the maximum extent permitted by law and if any of the provisions, or portions or applications hereof are held to be unenforceable or invalid by any court of competent jurisdiction, EP and Customer shall negotiate an equitable adjustment to or amendment of the affected provisions with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, or portions or applications hereof or thereof, shall not be affected thereby.
Application of the UCC: THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS AGREEMENT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2-609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM EP.
Warranty: EP MAKES NO REPRESENTATIONS OR WARRANTIES AND EP EXPRESSLY DISCLAIMS AND NEGATES ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUTURE SAVINGS.
WAIVER OF JURY TRIAL: TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS ARISING IN CONTRACT, TORT, STATUTORY OR OTHERWISE, SHALL BE SETTLED EXCLUSIVELY AND FINALLY BY ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION PROCEEDING HEREUNDER SHALL BE CONDUCTED EXCLUSIVELY IN TRENTON, NEW JERSEY. NEITHER PARTY MAY ALTER, AMEND, OR OTHERWISE CHANGE THE BINDING OBLIGATION TO ARBITRATE DISPUTES SET FORTH IN THIS PROVISION WITHOUT THE EXPRESS CONSENT OF THE OTHER PARTY, PROVIDED HOWEVER, EP MAY CHANGE THE TIME, PLACE, MANNER, PROCESS OR PROCEDURE OF THE BINDING OBLIGATION TO ARBITRATE IN COMPLIANCE WITH THE FOLLOWING SECTION.
Amendments: If, at any time after receipt of your Welcome Confirmation, EP changes a material term of this Agreement, you will be notified of such changes in advance. EP is required to obtain your affirmative authorization to such changed term(s). In no event shall EP be permitted to change the waiver of jury trial provision contained herein with respect to Customer or EP and, Customer’s continued receipt of service from EP after such change, shall be deemed to be an acknowledgement of such updated Agreement. For the avoidance of doubt, in no event shall any such updated version of the Agreement change, alter, amend or otherwise be construed to mean that the mandatory nature of the waiver of jury trial provision contained herein is changed.
Cancellation of Existing Service: You are responsible for canceling any agreements with other electric and/or natural gas suppliers from whom you are purchasing electric and/or natural gas supply service as of the date of this Agreement.
Electronic Enrollment: If using electronic signup, renewal, or switching, you are consenting to the Terms of Service provided in electronic form. You must have a valid Email address and are under obligation to provide EP with any change in Email address and/or any withdrawal of consent for the electronic retention of contracts or other customer information. The Energy Plus website and application is best viewed in Firefox 8.0 or higher.
ENERGY PLUS CONTACT INFORMATION:
PO Box 38815, Philadelphia, PA 19104
1-877- 866-9193 Fax: 1-800-520-8189
EDC OR GDC CONTACT INFORMATION - In the event of a power outage/gas leak or other emergency, a problem with your electric/gas meter or any other service need, please contact your EDC and/or GDC at the following number:
|Atlantic City Electric||(800) 833-7476|
|New Jersey Natural Gas||(800) 427-5325|
|Rockland Electric||(877) 434-4100|
Energy Plus Holdings LLC is licensed by the NJ BPU and its license number is ESL-0087. Energy Plus Natural Gas LLC is licensed by the NJ BPU and its license number is GSL-0100.
Energy Plus uses PJM default values which represent 2011 regional averages.
The emission data given are default values and represent the average amount of air pollution associated with the generation of electricity in the region. This amount is compared to the New Jersey benchmark. The benchmark approximates the average emission rate for all electricity generation in New Jersey.
CO2 is a "greenhouse gas" which may contribute to global climate change. NOx and SO2 react to form acids found in acid rain. NOx also reacts to form ground level ozone, an unhealthful component of "smog."