I hereby designate Columbia Utilities
as my agent for receipt of all bills, invoices and notifications
and communications that pertain to the above referenced UTILITY
account, including but not limited to termination notices and
any other notifications and communications that may be required
by the New York Public Service Law and New York State Public
Service Commission regulations.
I agree to hold UTILITY harmless for any delay in the receipt
of such bills, invoices, notifications or communications that
may result from this agency agreement.
I understand that I retain responsibility for the timely payment
of bills under the above referenced account and that late payment
charges that may be imposed if payments are not received by UTILITY
within the time period required.
I agree to notify UTILITY, in writing at its above address,
if I wish to change or cancel this agreement. Until such time
as UTILITY receives such notice, this agency agreement shall
remain in full force and effect.
Customer Signature: _________________________________ Date:
______________
Initiation
of service under this Agreement is contingent upon satisfactory
credit review. SELLER reserves the right to decline to execute
this Agreement in the event of an unsatisfactory credit report.
By signing below, BUYER agrees to the terms of this Agreement
and the General Terms and Conditions on the reverse and authorizes
SELLER to obtain credit references including credit reference
reports.
| For:____________________________________ |
For: ____________________________________ |
Columbia Utilities
|
Buyer's Name |
| By:____________________________________ |
By: ____________________________________ |
| Signature |
Buyer's Signature |
General Terms and Conditions
BUYER agrees to purchase from SELLER at the above price,
all of the natural gas requirements for the accounts listed
above. SELLER will deliver a quantity that is necessary
to meet BUYER’S City Gate requirements based on the
consumption information that SELLER receives from BUYER’S
local distribution company (LDC).
The City Gate is defined as the boundary of the LDC’s
territory. The delivery point will be the City Gate station(s)
of BUYER’S LDC(s). The sales point (where you receive
title) will be a point outside of New York State.
SELLER will aggregate BUYER’S natural gas supply
requirements with SELLER’s natural gas supply
portfolio. BUYER agrees to designate SELLER to act as BUYER’S
agent in administering contracts with the LDC and to arrange
for the transportation of BUYER’S gas from the sales
point to the delivery point.
|
| Term: |
This Agreement
will be in force for the term initially agreed upon (Primary
Term), and will continue to be in force for subsequent
one-year periods (Subsequent Term), unless terminated by
either Party upon written notice, provided no later than
60 days prior to the expiration of the Initial Term or
Subsequent Term then in effect. SELLER reserves the right
to adjust the Contract Price for subsequent contract terms.
|
| Payment: |
SELLER will bill BUYER for
gas delivered to the LDC City Gate according to the consumption
information that SELLER receives from BUYER’S LDC.
Payment is due on receipt of the bill. If payment is not
received on a timely basis, SELLER may, after 15 days written
notice, suspend performance, but BUYER will still remain
obligated under this contract. BUYER agrees to pay interest
on late payments at the rate of 1.5% per month (18% per
annum) and to pay SELLER’s reasonable attorney’s
fees and expenses incurred in collecting payment.
|
| Title: |
BUYER and SELLER agree that
title and risk of loss of the gas sold under this Agreement
will transfer from SELLER to BUYER at the sales point(s).
|
| Transportation: |
SELLER agrees to transport
gas to the sales point(s). SELLER will arrange for transportation
from the sales point(s) to the delivery point(s) as BUYER’S
agent. BUYER will receive a separate bill from BUYER’S
LDC for transporting gas from the delivery point(s) to
BUYER’S meter(s).
|
| Taxes: |
BUYER is responsible for paying
all applicable taxes. If BUYER is tax exempt, BUYER must
furnish SELLER an exemption certificate before service
commences.
|
| Laws: |
This Agreement is subject to
all local, state and federal laws, and regulations of governmental
agencies having jurisdiction over such services. The services
provided by your LDC are protected by the Home Energy Fair
Practices Act (HEFPA) and by the applicable laws of the
Public Service Commission (PSC).
|
| Information: |
BUYER can contact SELLER at
(718) 851-6655 for any questions relating to this contract.
BUYER may also request information from the PSC’s
Office of Consumer Education and Advocacy, 3 Empire State
Plaza, Albany, NY 12223, (800) 342-3377 (toll-free) or
at the PSC web site (http://www.dps.state.ny.us).
|
| Disputes: |
If BUYER breaches this
contract, BUYER will compensate SELLER for any reasonable
loss it incurs, including losses incurred as a result
of SELLER having to resell gas supplies allocated for
BUYER to another party. SELLER will attempt in good faith
to resolve any dispute arising out of this Agreement.
Disputes not resolved within 60 days may be submitted
for resolution in small claims court or, if the dollar
amount of the dispute exceeds small claims court jurisdiction, submit the dispute
to final, binding arbitration by a single arbitrator pursuant
to the Commercial Arbitration Rules of the American Arbitration
Association.
Initial here to acknowledge that you
understand your right to arbitrate. ______
|
| Force Majeure: |
Neither SELLER nor BUYER
will be liable for breaching this contract if the breach
is due to a material, unavoidable occurrence beyond the
party’s control. This does not include inability
to pay. Each party will notify the other promptly upon
learning of the Force Majeure condition.
|
| Miscellaneous: |
BUYER may not assign this
contract without SELLER’s consent. This Agreement
will inure to and be binding upon the successors and
assignees of the Parties. This contract is governed by
New York State law and can only be amended in writing.
This contract is the entire understanding between BUYER
and SELLER; no oral statements are effective. |
Version 1.05 – 02/01
|
