ELECTRICITY SALES AGREEMENT License No. ESL-0018
NJ – Fixed Auto Renewal
COMMERCIAL CUSTOMER INFORMATION
LDC Account Number(s) Service Address(s)
See Contract Addendum 1.
Tax ID Number: Tax exempt or special tax status.
(Must provide appropriate documentation to ConEdison Solutions)
AGREEMENT FOR PURCHASE OF ELECTRICITY
The purpose of this form is to authorize a change in Customer’s electric power supplier and/or Third Party Supplier (TPS) and to
set forth the terms and conditions that apply. By signing and returning this form to Consolidated Edison Solutions, Inc. ("ConEdison
Solutions"), Customer hereby offers to purchase from ConEdison Solutions the electric requirements for the listed account(s) at the rate(s)
per kilowatt hour (kWh) specified below, for the period beginning with Customer’s meter reading for and ending with Customer’s meter
reading for (the “Term”). Not less than thirty (30) days prior to the expiration of the Term (or extension thereof), We will notify You in
writing and/or email of the rate per kWh at which We will continue to serve You during the subsequent 12 month period. You will have
fifteen (15) days from Your receipt of such notice to reject this offer and terminate the Agreement. If We do not receive notice of Your
termination of this Agreement, this Agreement will continue in full force and effect for the renewal Term at the new rate.
Upon ConEdison Solutions’ acceptance of Customer’s offer (indicated by its signing below), Customer will be bound to receive
and purchase from ConEdison Solutions, and ConEdison Solutions will be bound to provide and sell to Customer, electricity during the
Term in accordance with this document including the General Terms and Conditions and all Addendums (the “Agreement”). (In this
Agreement the Customer is referred to as “You” or “Your” or “Customer” and ConEdison Solutions is referred to as “ConEdison
Solutions” or “We” or “Our” or “Us.”)
This Agreement is subject to Customer being enrolled in the New Jersey Energy Choice Program. Customer hereby authorizes
ConEdison Solutions to have Customer enrolled in this Program.
Customer: _____________________________ Consolidated Edison Solutions, Inc.
Name (Print): ___________________________ Name (Print): ______________________________
Signature: _____________________________ Signature: ________________________________
Title: __________________________________ Title: _____________________________________
Date: __________________________________ Date: ____________________________________
Consolidated Edison Solutions, Inc., 100 Summit Lake Drive, Suite 410, Valhalla, NY 10595; 1-800-316-8011
For the initial Term of this Agreement, the per kWh price for the listed account(s) is set forth in Contract Addendum 1, exclusive of
Template Version 2.0
ELECTRICITY SALES AGREEMENT
GENERAL TERMS AND CONDITIONS
1. BILLING AND PAYMENT. In the event that You are billed through Your Local Distribution Company’s (“LDC”) consolidated billing program,
payment is due in accordance with the LDC’s rules. At any time during the initial Term or a renewal Term as applicable, We may exercise the option to bill
You directly, rather than through Your LDC’s consolidated billing program, for the electric supply You receive from Us. In the event that Your LDC
does not accept or subsequently removes some or all of Your accounts from its consolidated billing program, We have the option to: (i) bill You separately
for the electric supply You receive from Us or (ii) terminate this Agreement as to some or all of Your accounts and return such accounts to Your LDC for
Your electric supply. In the event that We exercise the option to bill You separately, payment is due within twenty five (25) days of the date on the invoice
and if payment is not received within such twenty five (25) day period, it is considered late. Late payments or partial payment balances will be subject to a
late fee of 1.33% per month, or the maximum rate allowable by law, whichever is less. Your bill will be based on monthly meter readings. If Your LDC is
unable to read Your meter, Your LDC will estimate Your charges based on previous usage history, and later adjust it based on actual usage shown by a
meter reading. We shall make a similar adjustment to Your bill. You shall reimburse ConEdison Solutions for any collection fees We incur in collecting
Your outstanding invoices, as well as the Early Termination Fee described in Paragraph 8, below, in the event of a removal of Your account(s) from the
consolidated billing program by Your LDC for any reason.. We may require a security deposit of up to two (2) months estimated usage and You agree to
provide such a deposit upon written request.
2. DISPUTED INVOICES. You shall notify ConEdison Solutions 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.
3. DEMAND FORECASTS. This Agreement unitizes Your capacity costs based on Your historical usage. In the event that during the Term of this
Agreement You install on-site generation (e.g., solar, co-generation, or wind) that has the effect of reducing the usage on one or more of Your accounts,
We have the right to bill capacity as a monthly $ per kW charge based on Your then current capacity obligation as set by Your LDC. You agree to
authorize Us to access Your historical usage records from Your LDC. You agree to notify Us in writing whenever You have reason to believe Your
demand will depart materially from such historical usage, e.g., because of addition or reduction of equipment or usage thereof, providing good faith
estimates of such departures.
4. TITLE AND TAXES. Title to the electricity sold hereunder shall pass from Us to You when it is delivered to Your LDC. Prices set forth herein include
transportation to Your LDC. You shall pay to ConEdison Solutions the amount of any transfer, sales or other taxes and related charges, however
designated, that are imposed upon the transfer of title or the transporting or delivering of electricity, unless prior to execution of this Agreement, You have
given Us applicable, valid tax exemption certificates.
5. 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” are occurrences beyond a party’s reasonable control, including, without limitation,
acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, pandemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, civil disturbances, explosions, breakage, 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
Force Majeure relied upon and use commercially reasonable efforts to resume performance hereunder.
6. LIMITATION OF LIABILITY. 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.
7. NO WARRANTIES. We agree to pass through any warranties We get from Our electricity suppliers, to the extent We are permitted to do so. Except as
expressly set forth herein, 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.
8. TERMINATION OF AGREEMENT BY CUSTOMER. You may terminate this Agreement, in whole or as relating to any single account that is
included in this Agreement, by providing thirty (30) days advance written notice to ConEdison Solutions setting forth the reasons for such
termination. In the event that you terminate this Agreement, You shall pay to ConEdison Solutions, as an “Early Termination Fee” the following:
payment at the rate specified in this Agreement (including any applicable late payment fees and taxes) for service provided by ConEdison Solutions
prior to the effective date of the termination for which You have not already made payment, plus: (i) for a fixed price contract, payment at the rate
specified in this Agreement (including any applicable taxes) as though service was provided to You by ConEdison Solutions, based on your historical
usage, from the effective date of the termination through the balance of the Term, less any revenues received by ConEdison Solutions as a result of
any liquidation or resale of the electric supply purchase commitments entered into by ConEdison Solutions to provide service to You over the entire
Term of this Agreement; or (ii) for an indexed price contract, payment of the sum of $0.0025 multiplied by the number of kilowatt hours remaining in the
Term as though service was provided to You by ConEdison Solutions based on Your historical usage during the period from the effective date of the
termination through the balance of the Term. You may terminate this Agreement before the end of the Term without paying an Early Termination
Fee on written notice if We are in material default of any of Our obligations under this Agreement and such default continues for forty five (45) days
after We receive written notice from You. You shall remain responsible for payment of all outstanding charges for electricity delivered and service
rendered prior to the effective date of termination of this Agreement.
9. TERMINATION BY CONEDISON SOLUTIONS. ConEdison Solutions reserves the right to terminate service under this Agreement (i) for
non-payment; (ii) if Your LDC removes Your account(s) from the LDC’s consolidated billing program; (iii) if Your LDC is unable to read Your
meter for three (3) months in a row; or (iv) upon any other material default of any of Your obligations under this Agreement, provided such default is
not cured within forty five (45) days after You receive written notice from Us. In the event that service is terminated pursuant to this paragraph, You
shall pay, upon being billed, the Early Termination Fee specified in Paragraph 8, above. We will notify both You and Your LDC of such action at
least fifteen (15) days prior to the effective date of termination and, unless You choose another supplier, Your electricity will be provided by Your
LDC under its standard tariff.
10. EXPIRATION OF AGREEMENT. This Agreement expires as per the date on the first page of this Agreement. Not less than thirty (30) days
prior to the expiration of the Term (or extension thereof), We will notify You in writing and/or email of the rate per kWh at which We will continue
to serve You during the subsequent 12 month period. You will have fifteen (15) days from Your receipt of such notice to reject this offer and
terminate the Agreement. If We do not receive notice of Your termination of this Agreement , this Agreement will continue in full force and effect
for the renewal Term.
11. CONTACT INFORMATION. In the event of an electric-related emergency such as a power outage, You should call Your LDC at its toll free
emergency phone number: PSEG (800) 436-PSEG, JCPL (800) 545-7738, RECO (877) 434-4100 or Atlantic City Electric (800) 898-8042.
ConEdison Solutions’ toll free telephone number is 1-800-316-8011. The toll free telephone number of the New Jersey Board of Public Utilities
Division of Consumer Relations is 1-800-624-0241.
12. ENVIRONMENTAL INFORMATION DISCLOSURE. See Contract Addendum 2. Information on air emissions and fuel mix is also
available at www.conedsolutions.com/contentlabels.
13. GENERAL PROVISIONS. We will keep confidential any information pertaining to You which You provide, except as required by law. The terms
and conditions of 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, which consent shall not be unreasonably withheld, 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 modification or amendment of this
Agreement shall be binding on either party unless in writing and signed by authorized representatives of both parties. 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 New Jersey without recourse to such state’s
choice of law rules. The parties acknowledge and agree that this Agreement is a “forward contract” and that they are “forward contract merchants” within
the meaning of the United States Bankruptcy Code. 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 that changes in any such laws, orders, rules or regulations has the effect of increasing Our cost of electricity, We will advise You of such change and
reserve the right to adjust the prices set forth herein to pass through such cost increases.
CONTRACT ADDENDUM 2
Environmental Information for Electricity Supply
The electricity you consume comes from the PJM power grid, which receives power from a variety of
power plants and transmits the power throughout the region as needed to meet the requirements of
all customers in PJM. When you choose a power supplier, that supplier is responsible for generating
and/or purchasing power that is added to the power grid in an amount equivalent to your electricity
use. ConEdison Solutions electricity customers are served by system power from PJM. ConEdison
Solutions does not provide power from any particular generating facilities as part of its service under
this program. ConEdison Solutions’ contracts for power are not tied to the electric output of any
particular power plant.
Label Based on Default Information
(Electric Supply – ConEdison Solutions)
Electricity can be generated in a number of ways with different impacts on the environment. The
standardized environmental information shown below allows you t o compare this electricity
product with electricity products offered by other electric suppliers.
Default values are shown which represent 2007 Coal 55.94%
regional averages. Gas 7.40%
Hydroelectric (large) 0.00%
Captured methane gas 0.17%
Fuel cells 0.00%
Solar Photovoltaic 0.00%
Municipal Solid Waste 0.60%
Wood/Wood Waste 0.24%
Renewable energy sources subtotal 2.05% TOTAL 100.00%
The emissions data given are default values and represent the
average amount of air pollution associated with the generation o f % Greater
the NJ Pollution
electricity in the region. This amount is compared to the New Benchmark
Jersey benchmark. The benchmark approximates the average 100%
emission rate for all electricity generation in New Jersey.
Jersey. a “greenhouse gas” which may contribute to global
climate change. SO2 and NOx also reacts to form acids
found in acid rain. NOx also reacts to form ground level 72%
ozone, an unhealthful component of “smog.”
0% CO2 NOx SO2
ConEdison Solutions is not investing in energy Avoided generation Avoided Air Emissions
conservation measures for this electricity product. 0 KWh 0 tons CO2
Energy conservation measures means less electricity 0 tons NOx
needs to be generated and pollution is avoided. 0 tons SO2
See your General Terms and Conditions for further information regarding this label. You may also call ConEdison
Solutions for additional information or a copy of the General Terms and Conditions at (888) 686-1383.