Pennsylvania - New Wave Energy

TERMS & CONDITIONS (ELECTRICITY)

Background. This electricity supply services agreement (“Agreement”, “Contract”) is entered into by and between New Wave Energy (“New Wave”, “Supplier”, “NWE”), an independent electricity generation supplier, and the customer (“Customer”), under which Customer shall obtain electricity generation supply service and begin enrollment with NEW WAVE (the “Agreement”). NEW WAVE is licensed by the Pennsylvania Public Utility Commission to offer and supply electricity generation supply services in Pennsylvania. Our PUC license number for electricity generation supply is A-2017-2626376. Your electricity generation prices and charges will be set by NEW WAVE. The Federal Energy Regulatory Commission regulates electricity transmission prices and services. The Public Utility Commission regulates distribution prices and services. Unless otherwise determined, You will continue to receive your bill from your Electric Distribution Company (EDC, LDC, Utility) for all electricity supply and delivery charges. Your EDC will continue to provide all emergency repairs and services. NEW WAVE is not affiliated with and does not represent your EDC. The Public Utility Commission regulates distribution prices and services. 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 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. NWE and Customer can collectively be referred to as “Parties”.Generation Charge – The charge for producing electricity. Generation service is competitively priced and is not regulated by the Public Utility Commission. If you purchase electricity from an electric supplier, your generation charge will depend on the contract between you and your supplier. Transmission Charge – The cost for transporting electricity from the generation source to your electric distribution company. For most electric customers who select a new supplier, transmission costs will be included in the charges from your new supplier. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply. Non-Basic Charges – Not applicable.
Agreement to Sell and Purchase Energy. Subject to the terms and conditions of this Agreement, NEW WAVE agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity as necessary to meet Customer’s requirements based upon consumption data obtained by NEW WAVE from the EDC.
Right of Rescission. You may cancel this Agreement at any time before midnight of the third business day after receiving this disclosure statement by contacting NEW WAVE by phone at 1-855-998-WAVE, by mail at the address listed above or by email at support@nwaveenergy.com.
Contract Duration. You will buy your electricity generation service for the above address and/or as listed on Addendum A from New Wave Energy beginning on the date set by your electric distribution company (EDC, LDC). This Agreement shall commence as of the date the change of Customer’s provider to NWE is deemed effective by the EDC. This Agreement will continue on a variable rate methodology until terminated by either party. Either party may terminate this Agreement with thirty days’ written notice.
Price and Billing. The price for all electricity sold under this Agreement shall be a variable price which is set solely byat 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”); and (vii) NWE’s costs, expenses, profits and margins. Your price per kWh for your initial bill for electric generation services is stated on the Contract Summary. 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 the following information from the EDC and NGDC: consumption history; billing determinants; and account number. This information may be used by New Wave to determine whether it will commence and/or continue to provide energy supply service to Customer. For Large Commercial Customers, Customer authorizes New Wave to obtain and review information regarding Customer’s credit history from credit reporting agencies in order to determine Customer’s creditworthiness. The information referenced in this paragraph will not be disclosed to a third party unless required by law. New Wave will maintain the confidentiality of the customer’s personal information including name, address, phone number, usage and payment history as required by applicable Commission regulations and Federal and State laws. 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 or by calling New Wave at 1-855-998-WAVE. New Wave reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
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.
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, changes in economic or business conditions, 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 Procedures. In the event of a billing dispute or a disagreement involving NEW WAVE’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer may contact NEW WAVE by telephone or in writing, as provided below. If you are not satisfied after discussing your concerns with us you may contact the Public Utility Commission (PUC) by phone at: 1- 800-692-7380 or in writing at PO Box 3265, Harrisburg, PA 17105-3265.
Contact Information.Supplier Information: New Wave Energy410 Main Street, Buffalo, NY 142021-855-998-WAVE Website: www.nwaveenergy.com support@nwaveenergy.com Public Utility Commission, PO Box 3265, Harrisburg, PA 17105-3265, Phone: 1-800-692-7380. www.puc.pa.govInformation about shopping for an electric supplier is available at www.PaPowerSwitch.com or other successor media platform as determined by the Commission. Information about shopping for an electricity or natural gas supplier is also available at www.oca.state.pa.us
Arbitration of Disputes/Waiver of Jury Trial/ and Participation in Class Actions. Any dispute involving Supplier and Customer, whether arising or based in any contract, statute, regulation, or tort, shall be decided by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq.,and shall have a venue exclusively in the State of Pennsylvania located within the County of Erie under this Agreement. Any claim, arbitration, action, or proceeding shall proceed only on an individual basis. Customer shall not be permitted to join or consolidate disputes involving others in any claim, arbitration, action, or proceeding, nor shall any claim, arbitration, action, or proceeding be brought or maintained as a class action or in any representative capacity. 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 Pennsylvania 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 Erie, PA and court proceedings shall be limited to a State of Pennsylvania Court sitting in Erie County, PA or a Federal Court sitting in Erie County, PA.
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.
Emergency Service. Your EDC 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 EDC.
Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and NEW WAVE have caused this Agreement to be executed by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.
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.

TERMS & CONDITIONS (NATURAL GAS)

Background. This natural gas supply services agreement (“Agreement”, “Contract”) is entered into by and between New Wave Energy (“New Wave”, “Supplier”, “NWE”), an independent natural gas supplier, and the customer (“Customer”), under which Customer shall obtain natural gas supply service and begin enrollment with NEW WAVE (the “Agreement”). NEW WAVE is licensed by the Pennsylvania Public Utility Commission to offer and supply natural gas supply services in Pennsylvania. Our PUC license number for natural gas supply is_A-2017-2626376. Your natural gas supply prices and charges will be set by NEW WAVE. The Federal Energy Regulatory Commission regulates Natural Gas Supply transmission, prices and services The Public Utility Commission regulates distribution prices and services. Unless otherwise determined, You will continue to receive your bill from your Natural gas Distribution Company (NGDC, LDC, Utility) for all natural gas supply and delivery charges. Your NGDC will continue to provide all emergency repairs and services. NEW WAVE is not affiliated with and does not represent your NGDC. The Public Utility Commission regulates distribution prices and services. 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”.Gas Variable Price will vary from month to month and shall reflect each month the wholesale cost of natural gas (including commodity, capacity, storage and balancing), transportation to the Delivery Point, and other market-related factors, plus applicable taxes, fees, charges or other assessments and AP&G’s costs, expenses and margins. The rate will be available each month at the time of billing as listed on the bill.
Agreement to Sell and Purchase Energy. Subject to the terms and conditions of this Agreement, NEW WAVE agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas as necessary to meet Customer’s requirements based upon consumption data obtained by NEW WAVE from the NGDC.
Right of Rescission. You may cancel this Agreement at any time before midnight of the third business day after receiving this disclosure statement by contacting NEW WAVE by phone at 1-855-998-WAVE, by mail at the address listed above or by email at support@nwaveenergy.com.
Contract Duration. You will buy your natural gas supply service for the above address and/or as listed on Addendum A from New Wave Energy beginning on the date set by your electric distribution company (EDC, LDC). This Agreement shall commence as of the date the change of Customer’s provider to NWE is deemed effective by the EDC. This Agreement will continue on a variable rate methodology until terminated by either party. Either party may terminate this Agreement with thirty days’ written notice.
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 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 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 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 supply is terminated by your NGDC, 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 supply 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 supply for service up to the date that the cancellation is processed by the NGDC.
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 the following information from the NGDC and NGDC: consumption history; billing determinants; and account number. This information may be used by New Wave to determine whether it will commence and/or continue to provide energy supply service to Customer. For Large Commercial Customers, Customer authorizes New Wave to obtain and review information regarding Customer’s credit history from credit reporting agencies in order to determine Customer’s creditworthiness. The information referenced in this paragraph will not be disclosed to a third party unless required by law. New Wave will maintain the confidentiality of the customer’s personal information including name, address, phone number, usage and payment history as required by applicable Commission regulations and Federal and State laws. 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 or by calling New Wave at 1.855-998-WAVE. New Wave reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
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 NGDC 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 NGDC and in response to information provided by the NGDC. These services are provided on an arm’s length basis and market-based compensation and may or may not be included in the rate noted above.
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 natural gas or gas supply, grid constraints, freezing of wells or pipelines, required maintenance work, inability to access the local distribution utility system, change in business conditions, non-performance by the utility (including, but not limited to, a facility outage on its distribution lines or pipelines), 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 electric rate shall be subject to change at Supplier’s discretion.
Dispute Procedures. In the event of a billing dispute or a disagreement involving NEW WAVE’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer may contact NEW WAVE by telephone or in writing, as provided below. If you are not satisfied after discussing your concerns with us you may contact the Public Utility Commission (PUC) by phone at: 1- 800-692-7380 or in writing at PO Box 3265, Harrisburg, PA 17105-3265.
Contact Information.Supplier Information: New Wave Energy410 Main Street, Buffalo, NY 142021-855-998-WAVE Website: www.nwaveenergy.com support@nwaveenergy.com Public Utility Commission, PO Box 3265, Harrisburg, PA 17105-3265, Phone: 1-800-692-7380. www.puc.pa.gov Information about shopping for an natural gas supplier is available at www.PaGasSwitch.com or other successor media platform as determined by the Commission. Information about shopping for a natural gas or electric supplier is also available at www.oca.state.pa.us.
Arbitration of Disputes/Waiver of Jury Trial/ and Participation in Class Actions. Any dispute involving Supplier and Customer, whether arising or based in any contract, statute, regulation, or tort, shall be decided by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq.,and shall have a venue exclusively in the State of Pennsylvania located within the County of Erie under this Agreement. Any claim, arbitration, action, or proceeding shall proceed only on an individual basis. Customer shall not be permitted to join or consolidate disputes involving others in any claim, arbitration, action, or proceeding, nor shall any claim, arbitration, action, or proceeding be brought or maintained as a class action or in any representative capacity. 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 Pennsylvania 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 Erie, PA and court proceedings shall be limited to a State of Pennsylvania Court sitting in Erie County, PA or a Federal Court sitting in Erie County, PA.
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.
Emergency Service. Your NGDC 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 NGDC.
Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and NEW WAVE have caused this Agreement to be executed by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.
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.