Alpha Gas and Electric, LLC
Delaware Electricity Fixed Terms and Conditions - Residential
- Agreement to Sell and Purchase Energy. This is an agreement between Alpha Gas and Electric, LLC.(“Alpha”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity supply service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of the Local Distribution Utility (the “EDC”). Alpha is not affiliated with and does not represent the EDC. The amount of electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the EDC’s delivery schedule. The EDC will continue to deliver the electricity supplied by Alpha.
- Term.The Term shall commence as of the date of the first meter reading following when the change of Customer’s provider to Alpha is deemed effective by the EDC, and shall continue for the number of months set forth on the Customer Disclosure Statement (“the Initial Term”). Upon completion of the Initial Term, Alpha will send you written notice at least thirty (30) days but no more than sixty (60) days prior to the renewal date (the “Renewal Term”). The notice will specify the date by which you must advise Alpha if you do not want to renew your Agreement. If you do not advise Alpha by the specified date, this Agreement will automatically renew at the fixed rate or variable rate then in effect in accordance with the notice. You shall have three (3) business days from receipt of the first billing statement of your Renewal Terms to reject the renewal terms and cancel the renewal agreement.
- Pricing, Billing, and Termination. Unless otherwise agreed to in writing, the Price for services provided in this Agreement is set forth on the Customer Disclosure Statement. The Service Benefit Charge is related to the Green Product provided There is no Early Termination Fee (“ETF”) for cancellation of this Agreement for residential Customers. For commercial accounts - In addition to any
other applicable charges, Alpha will charge an ETF of the great of (a) $250 or (b) $.025 per kWh multiplied by the estimated amount of kWh remaining for the duration under the fixed rate agreement, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount.
Alpha will invoice Customer monthly for electricity supplied under this Agreement, as measured by the EDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. The EDC will separately bill for, and Customer will be obligated to pay, all EDC delivery related rates and charges.
Customer may receive a single bill for both commodity and delivery costs from either Alpha or the EDC, or each of the EDC and Alpha may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the Delaware Public Service Commission.
- Assignment.Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the PSC.
- Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent
of Alpha. Alpha may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or
receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by
- Information Release Authorization.Customer authorizes Alpha to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the EDC: consumption history; billing determinants; account number; credit information; public assistance status; 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. This information may be used by Alpha to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Alpha. This authorization will remain in effect unless and until rescinded by the Customer. Customer may rescind this authorization at any time by providing written notice thereof to Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
- Consumer Protections.The services provided by Alpha to Customer are governed by the terms and conditions of this Agreement and applicable laws for residential customers. Alpha will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Alpha, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the PSC . Customer may obtain additional information by contacting Alpha at 1.888.636.3749 or the DE PSC at 1-800-282-8574, or by writing to the PSC at: Delaware Public Service Commission, 861 Silver Lake Blvd, cannon building, suite 100, Dover, DE 19904, www.depsc.delaware.gov. or at the Delaware Public advocate Office at 820 North French Street, 4th floor, Wilmington, Delaware 19801. Phone Number 302-577-5080 and Website: https://publicadvocate.delaware.gov/
- RescissionA residential and small commercial customers may rescind this agreement within 3 business days after the signing, the receipt of this Agreement or the electronic acceptance of the contract, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing. Customer is liable for all Alpha charges until Customer returns to the EDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no rescission period for a commercial customer.
- Title.. Customer and Alpha agree that title to, control of, and risk of loss to the natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Delivery Point(s).
- Warranty.This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
- Force Majeure.Alpha will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Alpha does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Alpha ("Force Majeure Events") may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), or any other cause beyond Alpha’s control.
- Liability.The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Alpha or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third- party beneficiaries to this Agreement.
- Alpha Contact Information.Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: Alpha, 12 College Rd, Suite 100, Monsey, NY 10952.
- Dispute Resolution (Residential).In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above.
You may call the PSC if you are not satisfied after discussing your terms with us. Alpha will adhere to the provision in 26 DE Admin Code §3002-3.2.2 regarding good faith disputes. PSC contact information is provided at the bottom of this Agreement for your convenience. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of PSC. Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Alpha’s service, Customer should contact Alpha’s Customer Service Center as provided above. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity.
- Choice of Laws.. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of Delaware. This Agreement shall be construed under and shall be governed by the laws of the State of Delaware without regard to the application of its conflicts of law principles.
- Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.
- Regulatory Changes.This Agreement is subject to present and future legislation, orders, rules, regulations, or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any material term, condition or provision of this Agreement including Alpha shall have the right to modify this Agreement to reflect such
Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
- Emergency Service.The 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 at Delaware Electric Cooperative 1-855-332-9090, Chesapeake Utilities
Corporation at 1.800-427-2883; Delaware Municipal Electric Corporation (DEMEC) 302-653-2733; Delmarva Power 800-375-7117
- Parties Bound.This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.
- “Free Month Energy” program for RESIDENTIAL CUSTOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.
- Green Product. Electric.Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent number of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide.