New York - New Wave Energy

TERMS & CONDITIONS AND ESCO BILL OF RIGHTS (ELECTRICITY)

TERMS & CONDITIONS

Agreement to Sell and Purchase Energy. This is a binding agreement (“Agreement”; “Contract”) between New Wave Energy (“Supplier”; “New Wave; “NWE”) and the customer referenced above (“Customer”) under which, starting on the next meter read date after the requested Start Month listed above, or on the next available meter read date occurring after execution of the Agreement, and unless stated otherwise, New Wave agrees to coordinate the sale and Customer agrees to purchase and receive the quantity of electricity and/or natural gas necessary to meet Customer’s requirements at the Customer’s facilities at the rate and for the terms as described in the Agreement. Supplier will arrange for the delivery of electric and/or natural gas service to the respective local distribution utility or utilities (“Utility”) for delivery to Customer’s facilities as specified in this Agreement. New Wave, in its sole discretion, is authorized to select on behalf of Customer such sources of electric generation or natural gas procured as it deems appropriate for the Customer’s location(s). Customer authorizes New Wave to execute on its behalf any documents necessary to effectuate any such election, and Customer authorizes New Wave, and designates New Wave as its agent, to enroll the Customer’s location(s) with its Utility(ies) for supply services consistent with this Agreement. Subject to the individual Utility(ies) enrollment schedules, the switch from Customer’s Utility(ies) to New Wave’s supply may not reflect on Customer’s invoices for a period of up to two (2) full billing cycles. NWE and customer can collectively be referred to as “Parties”.
Definitions. “New Wave”, “NWE”, “Supplier”, “us”, “we”, “our” means New Wave Energy and refers to the retail electricity provider supplying energy services to you as provided in these Terms of Service. “Customer”, “you”, or “your” means the customer identified herein, in the Disclosure Statement, Voice Authorization, or Written Authorization and as addressed in the Customer Information section as identified on page one (1) of this Agreement or herein.
Term. For Variable Rate service this Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to NWE is deemed effective by the LDC, and shall continue for thirty-six (36) months thereafter (the “Initial Term”). Unless otherwise agreed to upon completion of the Initial Term, this Agreement will renew on a variable rate methodology continuing until terminated by either party with no change to the remaining terms (the “Renewal Term”). Customer understands this section as the auto-renewal section of this agreement and hereby waives NY GBL 5-903 and all Customer’s equities and rights under NY GBL 5-903. Either party may cancel or terminate this Agreement by providing 30 days’ advance written notice of termination to the other party.
Right of Rescission. Residential customers may rescind this agreement by calling within three (3) business days of receipt of the sales agreement by calling supplier at 1-855-998-WAVE or by email at support@nwaveenergy.com.
Price and Billing. The price for all electricity sold under this Agreement shall be a green variable price produced 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 will be supplied to customer using a fifty-percent (50%) or greater Renewable Energy Standard (RES) obligation for the current year. The obligation will be met by the Supplier purchasing RECs from eligible renewable generators through NYGATS, or by purchasing eligible RECs from NYSERDA, or by the Supplier’s natural, or predetermined state mix and attributes, or by procuring RECs from eligible renewable generators through bilateral contracts, or by entering into bundled energy and REC purchase agreements with eligible renewable generators, or by making Alternative Compliance Payments (“ACP”) to NYSERDA. The variable price is set solely by NWE at its discretion which shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries, and other charges) plus (+) (i) related transmission charges and other market-related factors, (ii) applicable taxes, fees, charges or other assessments, (iii) all Network Integration Service Rates (NITs); (iv) Auction Revenue Rights (“ARR”); (v) Renewable Portfolio Standards (“RPS”) compliance costs, and any other miscellaneous recovery charges (including, but not limited to, ISO/RTO/PJM electric-related assessments); (vi) Consumption Activity Taxes (“CAT”); (vii) Clean Energy Standard costs, and (ix) NWE’s costs, expenses, profits and margins. Your prices will then vary from month to month and are calculated on a blend of PJM/ISO settled wholesale prices and any hedges, if applicable, bought for NWE’s aggregated load plus all applicable taxes, fees, charges or other assessments and NWE’s costs, expenses and margins. NWE may change its margins substantially each month. These prices exclude applicable state and local sales taxes. Conditions of variability are tied to the wholesale cost for power, capacity, business and economic conditions, and transmission costs. There is not a limit on how much the price may change from one billing cycle to the next. The price can change on each invoice. The customer will not know the price until the time of billing. Customer’s billing format and methodology is at the sole discretion of the Supplier. In most cases, Customer will receive a single, consolidated bill (“Consolidated Bill”) for both commodity and delivery/distribution charges from the Utility(ies). Customer acknowledges that Supplier’s ability to bill Customer is exclusively dependent on the Utility’s or Independent Systems Operator’s (“ISO”’s, “PJM”, “ISO/PJM”) ability to accommodate Supplier with all necessary information, including meter readings. Should the absence of such information from the Utility or ISO/PJM exist, Customer agrees to be billed by Supplier based on estimated meter readings, and Supplier will adjust Customer’s bill the following month, or on the next bill after Supplier receives actual consumption data from the Utility(ies) or ISO/PJM to reconcile any disputes, differences, or discrepancies between estimated consumption and actual consumption. Customer will pay each invoice in full to Customer’s Utility(ies) in accordance with the terms specified by the Utility(ies). Late and overdue payments shall be subject to a late payment fee which, for commercial or Mercantile customers will be fifteen percent (15%) of the overdue balance per month, and for Residential and Small Commercial customers will be one and one-half percent (1.5%) of the overdue balance per month; or (ii) the maximum amount allowed by law. Customer will be charged twenty ($20) dollars for returned payments. Alternatively, Supplier can cancel this Agreement for any and all late payment amounts, partial payments, overdue payments, or past due notices immediately and return the Customer back to Customer’s Utility. If Customer fails to pay any amount when due, including early termination fees, Customer will be responsible for all of Supplier’s reasonable costs of collection, including accumulated interest and reasonable attorney’s fees. If the Parties agree to a billing date, such a date shall be subject to change in the event the Utility performs or implements a meter reading cycle in conflict with agreed upon billing/switch over date.Failure by Customer to make payment, in accordance with this provision, constitutes a breach of this Agreement and Supplier may terminate this Agreement immediately and collect any and all past due amounts, plus interest and reasonable attorney’s fees related to the breach. This Agreement and any billings, invoices and payments associated with this Agreement shall not be subject to any audit by a third-party as authorized or as contracted by Customer. Customer will be entitled to a refund of any substantial overcharges discovered within twelve (12) months after such billing date if Customer makes a claim within two (2) months of discovery from the billing date. Supplier will likewise be entitled to bill and to be paid for any substantial undercharges discovered within twelve (12) months after the original billing date if the billing is made within twelve (12) months of discovery. Local Utility companies have the exclusive ability to disconnect Customer’s service. Supplier does not have this ability or authority. Failure to make full payment of charges due as outlined herein and sent via invoice, and failure to pay electricity or natural gas utility charges, may result in Customer being disconnected by the utility.
Assignment. Customer shall not assign its rights or obligations under this Agreement in whole or in part without the prior written consent of Supplier. New Wave may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, sale of company, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, energy services company, backup service providers, or other entity without Customer’s consent. If Customer is assigned, controlled, is sold or is transferred to another party, this Agreement shall survive and shall transfer to the other party even in an asset sale.
Cancellation. Customer may cancel this Agreement by contacting NEW WAVE at 1-855-998-WAVE or by email at support@nwaveenergy.com at least thirty (30) days in advance of such request. NEW WAVE may cancel or alter this agreement at any time upon providing written notice to Customer via U.S. Mail, courier, Electronic Mail, bill messaging system, invoice message, LDC bill messaging, or Facsimile . Common reasons for NEW WAVE to cancel this agreement would include Non-Payment – If your electricity is terminated by your EDC, then this agreement is cancelled on the date that your electric service is terminated. You will owe us for amounts unpaid for our charges for electricity generation service up to the date of termination. Customer Move – If the customer moves from the address listed above, this agreement is cancelled. If we cancel this agreement for any reason other than for customer non-payment, we will follow applicable rules in providing notice to you. Creditworthiness: If at any time, you do not meet NEW WAVE’s commercially reasonably credit standards, NEW WAVE may terminate this Agreement. Upon cancellation Customer is still responsible for paying any of New Wave’s charges for electricity generation supply for service up to the date that the cancellation is processed by the EDC.
Notices. All notices and similar correspondence, including those which update or otherwise alter the Terms and Conditions of service, shall be in writing and delivered to Customer and Supplier. Supplier notices to Customer can be delivered via U.S. Mail, courier, Electronic Mail, bill messaging system, invoice message, or Facsimile. Customer notices to Supplier must be in writing, via U.S. Mail. Notices will be effective upon receipt by the Party to whom it is addressed.
Cost Savings Analyses. At New Wave’s sole discretion, it may accompany this Agreement with a Cost Savings Analysis. Cost Savings Analyses are a projection of hypothetical savings and in no way, constitute or guarantee the savings reflected. Cost Savings Analyses are calculated based upon past usage data authorized by the Customer for the Supplier to retrieve, orally or written, obtained from the Utility and authorized by the Customer, or by a Utility bill provided by the Customer, and future energy market projections.
Information Release Authorization. Customer authorizes New Wave to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the Utility(ies): consumption history; billing determinants; utility account number; credit information; 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 New Wave 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. If at any time, Customer does not meet New Wave’s commercially reasonable creditworthiness standards, New Wave may require Customer to provide performance assurances in a form and amount reasonably acceptable to New Wave such as a letter of credit, third-party guarantee, deposit, or prepayment. If Customer fails to provide such assurance within five (5) business days after notice from New Wave, then New Wave shall have no obligation to supply Customer with Electricity or Natural Gas and may suspend deliveries, terminate this Agreement, and all associated transactions, and liquidate any commodity purchased for delivery to Customer during future periods. Customer’s execution of this Agreement shall constitute authorization for the release of this information to New Wave. 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 New Wave at the address listed on this Agreement. New Wave reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
Customer Protection. Customer may contact Supplier’s Customer Service Department at 1-855-998-WAVE. This contract is 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. Customer may obtain additional information by contacting the Department of Public Service (“DPS”) at 1-800-342-3377, or by writing to New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223.
Agency-Electric. Customer hereby designates New Wave as agent to; (a) arrange and administer contracts and service agreements between Customer and New Wave and those entities including the PJM Interconnection/ISO engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the EDC for the delivery of electricity to the Delivery Point and the Customer’s end-use premises. New Wave as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the EDC and in response to information provided by the EDC. These services are provided on an arm’s length basis and market-based compensation may or may not be included in the rate noted above.
Delivery and Title. New Wave will deliver all electricity sold under this Agreement to the NYISO load bus or Utility City Gate, located outside of the municipality where Customer resides (the “Delivery Point”). Title to, possession of, and risk of loss of gas and/or electricity sold under this Agreement will pass from New Wave to Customer at the Delivery Point such that the sale originates and is consummated outside of the Customer’s municipality. (For avoidance of doubt, the Delivery Point shall in all cases be located outside of Customer’s municipality, regardless of where the NYISO load bus or Utility City Gate is located). After delivery to the Delivery Point, Customer will be deemed to be in exclusive control and possession of the gas and/or electricity and responsible for any injury, damage, or loss.
Force Majeure. New Wave will make commercially reasonable efforts to provide electricity hereunder but does not guarantee a continuous supply of electricity to Customer. Certain causes and events out of the control of New Wave (“Force Majeure Events”) may result in interruptions in service. New Wave will not be liable for any such interruptions caused by a Force Majeure Event, and New Wave is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include, but are not limited to, acts of God, fire, flood, storm, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, cyber-security incidents, pandemics and other health emergencies, operational flow orders, sudden failure of electric or gas supply, grid constraints, freezing of wells or pipelines, required maintenance work, inability to access the local distribution utility system, non-performance by the utility (including, but not limited to, a facility outage on its electricity distribution lines), or any other cause beyond New Wave’s control. Any suspension of obligations under this paragraph shall not extend the term of this Agreement. During any curtailment caused by Force Majeure, Customer’s contracted electric and/or natural gas rate shall be subject to change at Supplier’s discretion.
Dispute Resolution/WAIVER OF JURY TRIAL/NO CLASS ACTION. The parties shall attempt in good faith to resolve any disputes, claims, or controversies arising out of or relating to this Agreement promptly by negotiation. Customer should contact New Wave by telephone or in writing using the Supplier’s contact information as provided in this Agreement. The Department of Public Service will not resolve non-residential disputes associated with the services provided under this Sales Agreement. For non-residential customers, if the parties are unable to resolve the disputes, claims, or controversies through negotiation, the parties agree that the disputes, claims, or controversies shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. For a dispute involving a residential customer, either party may submit a complaint to DPS by calling the DPS at 1-800-342-3377 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: www.dps.ny.gov. Whether residential or non-residential, the customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. Any arbitration, suit, action, or other legal proceeding shall be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis. NWE AND CUSTOMER UNDERSTAND THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVING THE RIGHT TO A TRIAL BY JURY AND CUSTOMER IS WAIVING THIER RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION. No action, regardless of form, relating to this Agreement, may be brought by either party more than one year after the cause of action has accrued.
Limitations of Liability. The remedy in any claim or suit by Customer against New Wave will be solely and exclusively limited to direct actual damages, which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding twelve (12) month period. The parties agree that such remedy constitutes a reasonable approximation of the non-defaulting party’s harm or loss. Neither Party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages, including lost profit or penalties of any nature which are hereby waived, whether or not there was actual knowledge of such possible damages, or if such damages could have been reasonably foreseen. The limitations apply without regard to the cause or responsibility of any liability or damage.
Confidentiality. The contents of this Agreement, including but not limited to price and pricing terms, and all other documents exchanged between the Supplier and Customer related to this Agreement are confidential and shall not be disclosed to any third party without mutual written consent of the Parties. This obligation between both Parties shall continue for a period of twenty-four (24) months following the expiration or termination of this Agreement. However, the Parties acknowledge and affirm that New Wave has sole discretion to disclose and to publicize the identity of Customer as a client of New Wave and shall be entitled to display the Customer’s logo on Supplier’s Website and other advertisement literature.
Governing Law/Venue. 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 any otherwise applicable conflicts of law principles. Venue for any proceeding (including, but not limited to all meetings, arbitrations, dispute resolutions, depositions, motions and/or trials) shall be in Buffalo, NY and court proceedings shall be limited to a State of New York Court sitting in Erie County, NY or a Federal Court sitting in Erie County, NY.
Taxes. 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 New Wave’s net income, shall be paid by Customer, and Customer agrees to indemnify New Wave and hold New Wave harmless from and against any and all such taxes.
Regulatory/Market Changes and Volatility/and Adjustments. This Agreement is subject to present and future legislation, orders, rules, regulations, decisions, or actions of a duly constituted governmental authority, regulatory body, ISO, PJM or market force having jurisdiction, control, or influence over this Agreement or the services to be provided hereunder. If there is a change in law, rule, regulation, tariff, regulatory structure, market movement, or market force or Supplier’s prediction thereof, which impacts any term, condition, or provision of this Agreement, including, but not limited to, rate, changes in transmission or capacity charges, PJM/ISO/RTO charges, FERC Order 745, 841, and/or 2222 costs, and collateral requirements or there is a change in business conditions, New Wave shall have the right to modify this Agreement to reflect such regulatory change by advising Customer through a bill notification, e-mail, or any other communication Supplier deems appropriate to Customer and to impose pass-through charges, line-items, or other related charges to Customer and Customer agrees to pay such charges. Customer acknowledges that the Agreement Price agreed upon may be adjusted from time to time in accordance with this provision and others herein and agrees to be responsible for such charges.
Emergencies, Outages, & Power Quality and Consistency. The Utility will continue to operate and maintain the infrastructure, including but not limited to, electric transmission lines, wires, and apparatuses. In the event of a gas leak, electric power outage or other emergency, please use the following toll-free numbers to directly contact your utility: Central Hudson Gas & Electric (1-800-527-2714); Rochester Gas & Electric (1-800-743-1701);Orange & Rockland Electric (1-877-434-4100); Orange & Rockland Gas (1-800-533-5325); National Grid (1-800-892-2345); National Fuel (1-800-444-3130); ConEdison (1-800-752-6633); NYSEG (1-800-572-1131).
Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and NWE. NWE makes no representations or warranties other than those expressly set forth in this Agreement, and NWE expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Entire Agreement. This signed Agreement (“Written Authorization”), or the online or voice recording authorizing Customer’s decision to take service from New Wave (“Online Enrollment”, “Voice Authorization” or “TPV”), coupled with these Terms of Service is binding and is all encompassing and embodies the entire Agreement and mutual understandings between the Parties. This Agreement (including Enrollment Consent Forms, LOAs, Riders, Addendums and any Notices and Appendences) supersedes all prior agreements and understandings between Parties, whether written or oral, with respect to the subject matter herein. If any provision of this Agreement, in whole or in part, is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining conditions shall continue in full force and effect.

View ESCO Bill Of Rights

TERMS & CONDITIONS AND ESCO BILL OF RIGHTS (NATURAL GAS)

TERMS & CONDITIONS

Agreement to Sell and Purchase Energy. This is a binding agreement (“Agreement”; “Contract”) between New Wave Energy (“Supplier”; “New Wave; “NWE”) and the customer referenced above (“Customer”) under which, starting on the next meter read date after the requested Start Month listed above, or on the next available meter read date occurring after execution of the Agreement, and unless stated otherwise, New Wave agrees to coordinate the sale and Customer agrees to purchase and receive the quantity of natural gas necessary to meet Customer’s requirements at the Customer’s facilities at the rate and for the terms as described in the Agreement. Supplier will arrange for the delivery of natural gas to the respective local distribution utility or utilities (“Utility”) for delivery to Customer’s facilities as specified in this Agreement. New Wave, in its sole discretion, is authorized to select on behalf of Customer such sources of natural gas production procured as it deems appropriate for the Customer’s location(s). Customer authorizes New Wave to execute on its behalf any documents necessary to effectuate any such election, and Customer authorizes New Wave, and designates New Wave as its agent, to enroll the Customer’s location(s) with its Utility(ies) for supply services consistent with this Agreement. Subject to the individual Utility(ies) enrollment schedules, the switch from Customer’s Utility(ies) to New Wave’s supply may not reflect on Customer’s invoices for a period of up to two (2) full billing cycles.
Definitions. “New Wave”, “NWE”, “Supplier”, “us”, “we”, “our” means New Wave Energy and refers to the retail natural gas provider supplying energy services to you as provided in these Terms of Service. “Customer”, “you”, or “your” means the customer identified herein, in the Disclosure Statement, Voice Authorization, or Written Authorization and as addressed in the Customer Information section as identified on page one (1) of this Agreement or herein. NWE and customer can collectively be referred to as “Parties”.
Term. For Variable Rate service this Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to NWE is deemed effective by the LDC and shall continue for thirty-six (36) months thereafter (the “Initial Term”). Unless otherwise agreed to upon completion of the Initial Term, this Agreement will renew on a variable rate methodology continuing until terminated by either party with no change to the remaining terms (the “Renewal Term”). Customer understands this section as the auto-renewal section of this agreement and hereby waives NY GBL 5-903 and all Customer’s equities and rights under NY GBL 5-903. Either party may cancel or terminate this Agreement by providing 30 days’ advance written notice of termination to the other party.
Right of Rescission. Residential customers may rescind this agreement by calling within three (3) business days of receipt of the sales agreement by calling supplier at 1-855-998-WAVE or by email at support@nwaveenergy.com.
Price and Billing. The price for all natural gas sold under this Agreement shall be a variable price which is determined by NWE at its sole discretion and shall each month reflect the cost of natural gas obtained from all sources, related interstate pipeline charges, storage and balancing fees and distribution charges and other market-related factors, plus (+) applicable taxes, fees, charges or other assessments and NWE’s costs, expenses, profits and margins. NWE may change its margins substantially each month. Your price per CCF/therm, or applicable utility unit on your initial bill for natural gas is stated on the Customer Disclosure Statement or Customer Summary. These prices will then vary from month to month based on the market conditions. These prices exclude applicable state and local sales taxes. Conditions of variability are tied to the wholesale cost for natural gas, capacity, business and economic conditions, and pipeline conditions and fees. There is not a limit on how much the price may change from one billing cycle to the next. The price can change on each invoice. The customer will not know the price until the time of billing. Customer’s billing format and methodology is at the sole discretion of the Supplier. In most cases, Customer will receive a single, consolidated bill (“Consolidated Bill”) for both commodity and delivery/distribution charges from the Utility(ies). Customer acknowledges that Supplier’s ability to bill Customer is exclusively dependent on the Utility’s or pipeline operator’s ability to accommodate Supplier with all necessary information, including meter readings. Should the absence of such information from the Utility or applicable pipeline exist, Customer agrees to be billed by Supplier based on estimated meter readings, and Supplier will adjust Customer’s bill the following month, or on the next bill after Supplier receives actual consumption data from the Utility(ies) or pipeline(s) to reconcile any disputes, differences, or discrepancies between estimated consumption and actual consumption. Customer will pay each invoice in full to Customer’s Utility(ies) in accordance with the terms specified by the Utility(ies). Late and overdue payments shall be subject to a late payment fee which, for commercial and Mercantile customers will be fifteen percent (15%) of the overdue balance per month, and for Residential and Small Commercial customers will be one and one-half percent (1.5%) of the overdue balance per month; or (ii) the maximum amount allowed by law. Customer will be charged twenty ($20) dollars for returned payments. Alternatively, Supplier can cancel this Agreement for any and all late payment amounts, partial payments, overdue payments, or past due notices immediately and return the Customer back to Customer’s Utility. If Customer fails to pay any amount when due, including early termination fees, Customer will be responsible for all of Supplier’s reasonable costs of collection, including accumulated interest and reasonable attorney’s fees. If the Parties agree to a billing date, such a date shall be subject to change in the event the Utility performs or implements a meter reading cycle in conflict with agreed upon billing/switch over date. Failure by Customer to make payment, in accordance with this provision, constitutes a breach of this Agreement and Supplier may terminate this Agreement immediately and collect any and all past due amounts, plus interest and reasonable attorney’s fees related to the breach. This Agreement and any billings, invoices and payments associated with this Agreement shall not be subject to any audit by a third-party as authorized or as contracted by Customer. Customer will be entitled to a refund of any substantial overcharges discovered within twelve (12) months after such billing date if Customer makes a claim within two (2) months of discovery from the billing date. Supplier will likewise be entitled to bill and to be paid for any substantial undercharges discovered within twelve (12) months after the original billing date if the billing is made within twelve (12) months of discovery. Local Utility companies have the exclusive ability to disconnect Customer’s service. Supplier does not have this ability or authority. Failure to make full payment of charges due as outlined herein and sent via invoice, and failure to pay natural gas supply portions or utility charges, may result in Customer being disconnected by the utility.
Assignment. Customer shall not assign its rights or obligations under this Agreement in whole or in part without the prior written consent of Supplier. New Wave may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, sale of company, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, energy services company, backup service providers, or other entity without Customer’s consent. If Customer is assigned, controlled, is sold or is transferred to another party, this Agreement shall survive and shall transfer to the other party even in an asset sale.
Cancellation. Customer may cancel this Agreement by contacting NEW WAVE at 1-855-998-WAVE or by email at support@nwaveenergy.com at least thirty (30) days in advance of such request. NEW WAVE may cancel or alter this agreement at any time upon providing written notice to Customer via U.S. Mail, courier, Electronic Mail, bill messaging system, invoice message, LDC bill messaging, or Facsimile . Common reasons for NEW WAVE to cancel this agreement would include Non-Payment – If your natural gas is terminated by your EDC, then this agreement is cancelled on the date that your natural gas service is terminated. You will owe us for amounts unpaid for our charges for natural gas generation service up to the date of termination. Customer Move – If the customer moves from the address listed above, this agreement is cancelled. If we cancel this agreement for any reason other than for customer non-payment, we will follow applicable rules in providing notice to you. Creditworthiness: If at any time, you do not meet NEW WAVE’s commercially reasonably credit standards, NEW WAVE may terminate this Agreement. Upon cancellation Customer is still responsible for paying any of New Wave’s charges for natural gas generation supply for service up to the date that the cancellation is processed by the EDC.
Notices. All notices and similar correspondence, including those which update or otherwise alter the Terms and Conditions of service, shall be in writing and delivered to Customer and Supplier. Supplier notices to Customer can be delivered via U.S. Mail, courier, Electronic Mail, bill messaging system, invoice message, or Facsimile. Customer notices to Supplier must be in writing, via U.S. Mail. Notices will be effective upon receipt by the Party to whom it is addressed.
Cost Savings Analyses. At New Wave’s sole discretion, it may accompany this Agreement with a Cost Savings Analysis. Cost Savings Analyses are a projection of hypothetical savings and in no way, constitute or guarantee the savings reflected. Cost Savings Analyses are calculated based upon past usage data authorized by the Customer for the Supplier to retrieve, orally or written, obtained from the Utility and authorized by the Customer, or by a Utility bill provided by the Customer, and future energy market projections.
Information Release Authorization. Customer authorizes New Wave to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the Utility(ies): consumption history; billing determinants; utility account number; credit information; 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 New Wave 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. If at any time, Customer does not meet New Wave’s commercially reasonable creditworthiness standards, New Wave may require Customer to provide performance assurances in a form and amount reasonably acceptable to New Wave such as a letter of credit, third-party guarantee, deposit, or prepayment. If Customer fails to provide such assurance within five (5) business days after notice from New Wave, then New Wave shall have no obligation to supply Customer with Natural Gas or Natural Gas and may suspend deliveries, terminate this Agreement, and all associated transactions, and liquidate any commodity purchased for delivery to Customer during future periods. Customer’s execution of this Agreement shall constitute authorization for the release of this information to New Wave. 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 New Wave at the address listed on this Agreement. New Wave reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
Customer Protection. Customer may contact Supplier’s Customer Service Department at 1-855-53-ENERGY. This Agreement is governed by the Home Energy Fair Practices Act for residential customers. Customer may obtain additional information by contacting the Department of Public Service (“DPS”) at 1-888-697-7728, or by writing to New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223.
Agency-Natural Gas. Customer hereby designates New Wave as agent to; (a) arrange and administer contracts and service agreements between Customer and New Wave and those entities including the wholesale natural gas provider or driller or producer or pipeline operator and any other entity involved in consummating the natural gas transaction, transmission and delivery of Customer natural gas supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of natural gas to the Delivery Point and the Customer’s end-use premises. New Wave as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. These services are provided on an arm’s length basis and market-based compensation may or may not be included in the rate noted above.
Delivery and Title. New Wave will deliver all natural gas sold under this Agreement to the NYISO load bus or Utility City Gate, located outside of the municipality where Customer resides (the “Delivery Point”). Title to, possession of, and risk of loss of gas and/or natural gas sold under this Agreement will pass from New Wave to Customer at the Delivery Point such that the sale originates and is consummated outside of the Customer’s municipality. (For avoidance of doubt, the Delivery Point shall in all cases be located outside of Customer’s municipality, regardless of where the NYISO load bus or Utility City Gate is located). After delivery to the Delivery Point, Customer will be deemed to be in exclusive control and possession of the gas and/or natural gas and responsible for any injury, damage, or loss.
Force Majeure. New Wave will make commercially reasonable efforts to provide natural gas hereunder but does not guarantee a continuous supply of natural gas to Customer. Certain causes and events out of the control of New Wave (“Force Majeure Events”) may result in interruptions in service. New Wave will not be liable for any such interruptions caused by a Force Majeure Event, and New Wave is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include, but are not limited to, acts of God, fire, flood, storm, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, cyber-security incidents, pandemics and other health emergencies, operational flow orders, sudden failure of electric or gas supply, grid constraints, freezing of wells or pipelines, required maintenance work, inability to access the local distribution utility system, changes in economic or business conditions, non-performance by the utility (including, but not limited to, a facility outage on its natural gas distribution lines), or any other cause beyond New Wave’s control. Any suspension of obligations under this paragraph shall not extend the term of this Agreement. During any curtailment caused by Force Majeure, Customer’s contracted natural gas and/or natural gas rate shall be subject to change at Supplier’s discretion.
Dispute Resolution/WAIVER OF JURY TRIAL/NO CLASS ACTION. The parties shall attempt in good faith to resolve any disputes, claims, or controversies arising out of or relating to this Agreement promptly by negotiation. Customer should contact New Wave by telephone or in writing using the Supplier’s contact information as provided in this Agreement. The Department of Public Service will not resolve non-residential disputes associated with the services provided under this Agreement. For non-residential customers, if the parties are unable to resolve the disputes, claims, or controversies through negotiation, the parties agree that the disputes, claims, or controversies shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. For a dispute involving a residential customer, either party may submit a complaint to DPS by calling the DPS at 1-888-697-7728 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:www.dps.state.ny.us.Whether residential or non-residential, the customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. Any arbitration, suit, action, or other legal proceeding shall be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis. NWE AND CUSTOMER UNDERSTAND THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVING THE RIGHT TO A TRIAL BY JURY AND CUSTOMER IS WAIVING THIER RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION. No action, regardless of form, relating to this Agreement, may be brought by either party more than one year after the cause of action has accrued.
Limitations of Liability. The remedy in any claim or suit by Customer against New Wave will be solely and exclusively limited to direct actual damages, which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding twelve (12) month period. The parties agree that such remedy constitutes a reasonable approximation of the non-defaulting party’s harm or loss. Neither Party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages, including lost profit or penalties of any nature which are hereby waived, whether or not there was actual knowledge of such possible damages, or if such damages could have been reasonably foreseen. The limitations apply without regard to the cause or responsibility of any liability or damage.
Confidentiality. The contents of this Agreement, including but not limited to price and pricing terms, and all other documents exchanged between the Supplier and Customer related to this Agreement are confidential and shall not be disclosed to any third party without mutual written consent of the Parties. This obligation between both Parties shall continue for a period of twenty-four (24) months following the expiration or termination of this Agreement. However, the Parties acknowledge and affirm that New Wave has sole discretion to disclose and to publicize the identity of Customer as a client of New Wave and shall be entitled to display the Customer’s logo on Supplier’s Website and other advertisement literature.
Governing Law/Venue. 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 any otherwise applicable conflicts of law principles. Venue for any proceeding (including, but not limited to all meetings, arbitrations, dispute resolutions, depositions, motions and/or trials) shall be in Buffalo, NY and court proceedings shall be limited to a State of New York Court sitting in Erie County, NY or a Federal Court sitting in Erie County, NY.
Taxes. 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 New Wave’s net income, shall be paid by Customer, and Customer agrees to indemnify New Wave and hold New Wave harmless from and against any and all such taxes.
Regulatory/Market Changes and Volatility/and Adjustments. This Agreement is subject to present and future legislation, orders, rules, regulations, decisions, or actions of a duly constituted governmental authority, regulatory body, ISO, PJM or market force having jurisdiction, control, or influence over this Agreement or the services to be provided hereunder. If there is a change in law, rule, regulation, tariff, regulatory structure, market movement, or market force or Supplier’s prediction thereof, which impacts any term, condition, or provision of this Agreement, including, but not limited to, rate, changes in transmission or capacity charges, PJM/ISO/RTO charges, FERC Order 745, 841, and/or 2222 costs, and collateral requirements or there is a change in business conditions, New Wave shall have the right to modify this Agreement to reflect such regulatory change by advising Customer through a bill notification, e-mail, or any other communication Supplier deems appropriate to Customer and to impose pass-through charges, line-items, or other related charges to Customer and Customer agrees to pay such charges. Customer acknowledges that the Agreement Price agreed upon may be adjusted from time to time in accordance with this provision and others herein and agrees to be responsible for such charges.
Emergencies, Outages, & Power Quality and Consistency. The Utility will continue to operate and maintain the infrastructure, including but not limited to, natural gas transmission lines, wires, and apparatuses. In the event of a gas leak, natural gas power outage or other emergency, please use the following toll-free numbers to directly contact your utility: Central Hudson Gas & Natural gas (1-800-527-2714); Rochester Gas & Natural gas (1-800-743-1701); Orange & Rockland Natural Gas (1-877-434-4100); Orange & Rockland Gas (1-800-533-5325); National Grid (1-800-892-2345); National Fuel (1-800-444-3130); ConEdison (1-800-752-6633); NYSEG (1-800-572-1131).
Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and NWE. NWE makes no representations or warranties other than those expressly set forth in this Agreement, and NWE expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Entire Agreement. This signed Agreement (“Written Authorization”), or the online or voice recording authorizing Customer’s decision to take service from New Wave (“Online Enrollment”, “Voice Authorization” or “TPV”), coupled with these Terms of Service is binding and is all encompassing and embodies the entire Agreement and mutual understandings between the Parties. This Agreement (including Enrollment Consent Forms, LOAs, Riders, Addendums and any Notices and Appendences) supersedes all prior agreements and understandings between Parties, whether written or oral, with respect to the subject matter herein. If any provision of this Agreement, in whole or in part, is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining conditions shall continue in full force and effect.

View ESCO Bill Of Rights