1. Agreement to Sell and Purchase Energy. This is an agreement between Nordic Energy Services, LLC (“Nordic”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate electricity service and begin enrollment with Nordic (the “Agreement”). Subject to the terms and conditions of this Agreement, Nordic agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of renewable electricity, as estimated by Nordic, necessary to meet Customer’s requirements based upon consumption data obtained by Nordic or the delivery schedule of the Local Distribution Utility (the “LDC”). Nordic is not affiliated with and does not represent the LDC. The amount of electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Nordic or the LDC’s delivery schedule. The LDC will continue to deliver the electricity supplied by Nordic.
2. Term. For Renewable Energy Product this Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Nordic is deemed effective by the LDC, and shall continue for one month. Unless otherwise agreed to upon completion of the first month, this Agreement will continue on a month-to-month basis until canceled by either Nordic or the Customer.
3. Pricing, Billing, and Termination. The first three (3) months (“Promotional Period”) shall be billed at a promotional price for new customers to Nordic, as listed in the Customer Disclosure above. Unless otherwise agreed to in writing, the price for all renewable electricity sold after the Promotional Period shall be a variable rate which shall each month reflect the cost of renewable electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Nordic’s costs, expenses and margins. If there is a material adverse change in the business or financial condition of Customer (as determined by Nordic at its discretion) or if Customer fails to meet its obligations under this, then, in addition to any other remedies that it may have, Nordic may terminate this Agreement upon 15 days’ written notice to Customer.
Nordic will invoice Customer monthly for renewable electricity supplied under this Agreement, as measured by the LDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer will receive a single bill for both commodity and delivery costs from the LDC. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the “DPS”). Nordic may assign and sell Customer accounts receivable to the LDC. In the event of failure to remit payment when due by a residential customer, Nordic may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act (“HEFPA”).
4. 100% Renewable Energy Program. Your electricity usage is matched by the generation of energy from renewable resources by retiring renewable energy certificates (RECs). RECs represent the environmental attributes associated with the applicable amount of renewable energy generation from various renewable sources that comply with the appropriate locational and delivery requirements. RECs will be purchased and retired to satisfy the percentage of renewable generation guaranteed by this agreement. The renewable mix provided under this agreement must be at least 50% greater than the applicable Renewable Energy Standard (RES) obligation for the current year. In order to satisfy the terms of this contract, RECs must be purchased from eligible renewable generators through NYGATS; by purchasing Tier 1 RECs from NYSERDA; by procuring RECs from eligible renewable generators through bilateral contracts; by entering into bundled energy and REC purchase agreements with eligible renewable generators; or by making Alternative Compliance Payments to NYSERDA.
5. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Nordic. Nordic may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS with 30 days written notice to Customer.
6. Information Release Authorization. Customer authorizes Nordic to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the LDC: consumption history; billing determinants; account number; credit information; public assistance status; participation in utility low income discount programs; existence of medical emergencies, status as to whether Customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL § 32 (3); and information pertaining to PSL § 33, tax status and eligibility for economic development or other incentives. This information may be used by Nordic to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Nordic. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Nordic or by calling Nordic at 1-877-808-1022. Nordic reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
7. Consumer Protections. The services provided by Nordic to Customer are governed by the terms and conditions of this Agreement and the New York State Public Service Commission rules and regulations (Orders) including the Uniform Business Practices (UBP) and other applicable requirements including the NYS Home Energy Fair Practices Act (HEFPA (for residential customers). Nordic will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Nordic, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Nordic at 1-877-808-1022 or the DPS at 1-800-342-3377 (General Helpline), or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website at: http://www.dps.ny.gov. You may also contact the Department for inquiries regarding the competitive retail energy market at 1-888-697-7728 (ESCO Hotline).
8. Cancellation. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Nordic at 1-877-808-1022, by email at customerservice@nordicenergy-us.com, or in writing. Customer is liable for all Nordic charges until Customer returns to the LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading.
9. Agency-Electric: Customer hereby designates Nordic as agent to; (a) arrange and administer contracts and service agreements between Customer and Nordic and those entities including the New York Independent System Operator (“NYISO”) engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Sales Point and the Customer’s end-use premises. Nordic as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. The Sales Points for the electricity will be a point at the NYISO Nordic load bus (located outside of the municipality where Customer resides). These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
10. Title-Electric: All electricity sold under this Agreement shall be delivered to a location considered the “Point of Delivery”, which shall be at the NY ISO Nordic load bus (located outside of the municipality where Customer resides), and shall constitute the point at which title transfers and the sale occurs. Nordic will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the electricity provided hereunder.
11. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Nordic. Nordic makes no representations or warranties other than those expressly set forth in this Agreement, and Nordic expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
12. Force Majeure. Nordic will make commercially reasonable efforts to provide electricity hereunder but Nordic does not guarantee a continuous supply of electricity to Customer. Certain causes and events out of the control of Nordic ("Force Majeure Events") may result in interruptions in service. In the event that Nordic is rendered unable, wholly or in part, to perform its obligations under this Agreement due to events not reasonably anticipated or within either party’s control, Nordic will not be liable for any interruptions caused by a Force Majeure Event, and Nordic is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, curtailment by Customer’s LDC or Nordic transportation capacity,), or any other cause beyond Nordic’s control.
13. Liability. The remedy in any claim or suit by Customer against Nordic will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Nordic or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third-party beneficiaries to this Agreement.
14. Nordic’s Contact Information. Customer may contact Nordic’s Customer Service Center at 1877-808-1022, Monday through Friday 9:30 a.m. - 6:00 p.m. EST (contact center hours subject to change). Customer may write to Nordic at: Nordic Energy Services, LLC, 1 Tower Lane, Ste 300, Oakbrook Terrace, IL, 60181 or at customerservice@nordicenergy-us.com.
15. Dispute Resolution. The services provided by Nordic to Customer are governed by the terms and conditions of this agreement and HEFPA for residential customers. In the event of a billing dispute or a disagreement involving Nordic’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Nordic by telephone or in writing as provided above. For consumer complaints that cannot be resolved with the company, you may contact the New York Department of Public Service (DPS). DPS complaints may be directed as follows: Website: www.dps.ny.gov/complaints; Phone: DPS Helpline at 1-800-342-3377 (M-F 8:30am-4:00pm); or Mail: Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS.
16. Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.
17. Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Nordic’s net income, shall be paid by Customer, and Customer agrees to indemnify Nordic and hold Nordic harmless from and against any and all such taxes.
18. Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Con Edison 1-800-752-6633; Orange and Rockland at 1-877-434-4100; KeySpan 718-643-4050 (NYC) and 1-800-490-0075 (PSEG Long Island); National Grid at 1-800-642-4272; Central Hudson at 1-800-527-2714; RG&E at 1-800-743-1701; NYSEG at 1-800-572-1111; National Fuel at 1-800-444-3130 and emergency personnel. Customer should then call Nordic at: 1-877-808-1022.
19. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
Customer and Nordic have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.
In the case of telephonic or electronic enrollment, execution shall be deemed provided pursuant to the methods authorized under the New York Uniform Business Practices.
