Terms and Conditions – RESIDENTIAL CUSTOMERS
- Authorization to Switch and Agreement to Sell and Purchase Energy. The Purpose of this agreement is to authorize a change to the customer’s Third Party
Supplier. This is an agreement between ALPHA GAS AND ELECTRIC, LLC (“ALPHA GAS AND ELECTRIC” or “TPS”) and the undersigned customer
(“Customer”) under which Customer authorizes a change in Customer’s Third Party Supplier and agrees to obtain electric generation and/or natural gas supply
service from ALPHA GAS AND ELECTRIC (the “Agreement”). ALPHA GAS AND ELECTRIC is licensed by the New Jersey Board of Public Utilities
(“BPU”) as a Third Party Supplier to offer and supply electric generation and natural gas supply services in New Jersey. Alpha’s New Jersey electricity
supplier license number is ESL-0218 and its natural gas supplier license number is GSL-0191. Subject to the terms and conditions of this Agreement,
ALPHA GAS AND ELECTRIC agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity and/or natural gas, as
estimated by ALPHA GAS AND ELECTRIC, necessary to meet Customer’s requirements based upon consumption data obtained by ALPHA GAS AND
ELECTRIC or the delivery schedule of the Local Distribution Utility (the “LDU”). The amount of electricity and/or natural gas delivered under this
Agreement is subject to change based upon data reflecting Customer’s consumption obtained by ALPHA GAS AND ELECTRIC or the LDU’s delivery
schedule. The LDU will continue to deliver the electricity and/or gas supplied by ALPHA GAS ANDELECTRIC.
- Term. This Agreement shall commence as of the date Customer’s notice regarding the change of TPS is deemed effective by the LDU, and shall
continue at a fixed rate for billing cycles (the “Initial Term”) followed by a fixed rate for the same Term. ALPHA GAS AND ELECTRIC will provide
notice to Customer at least 30 days prior to the end of the term of this Agreement of the date upon which the term of this Agreement will end. Upon
completion of the Initial Term, this Agreement will automatically renew on a fixed rate for the same Term (the “Renewal Term”). Any such written notice
will be sent at least 30 days and no more than 60 days prior to the renewal date, apprising Customer of any proposed changes in the terms and conditions of
this Agreement and of the Customer’s right to renew, terminate or renegotiate this Agreement. Such new terms will only become effective upon obtaining the
affirmative written signature of the Customer or obtaining authorization through the other methods set forth in N.J. A. C. Section 14:4-2.3(c) . Customer or
ALPHA GAS AND ELECTRIC may cancel or terminate this Agreement if 30 days’ advance written notice of termination is provided to the other party
- Pricing, Billing, and Termination. Savings are NOT guaranteed. This is a Fixed Agreement. Your rate is fixed and will remain the same each month
of the Initial Term, followed by a new rate for the same Term. Unless otherwise agreed to in writing, the price for all electricity sold during the fixed Initial
Term of this Agreement shall be a fixed rate of per kWh plus a $ monthly Service Benefit Charge and taxes, if applicable.. The price for all gas sold
during the fixed Initial Term of this Agreement shall be a fixed rate of $ per therm plus a $ monthly Service Benefit Charge and taxes, if applicable.
The Service Benefit Charge is related to the Green Product provided. The price each month may be lower or higher than utility’s price. There is no fee for
terminating this Agreement during the Initial Term.
ALPHA GAS AND ELECTRIC will invoice Customer monthly for electricity and/or natural gas delivered under this Agreement, as measured by the LDU,
and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer will receive
a bill for the service provided by ALPHA GAS AND ELECTRIC, unless the LDU provides a consolidated bill for both commodity and delivery service.
ALPHA GAS AND ELECTRIC may assign and sell the Customer’s accounts receivable to the LDU. In the event of failure to remit payment when due,
ALPHA GAS AND ELECTRIC may terminate service under this Agreement in accordance with the provisions of Section 6 of this Agreement. A $30 fee
will be charged for all returned payments. ALPHA GAS AND ELECTRIC does not offer budget billing.
- Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of ALPHA
GAS AND ELECTRIC. ALPHA GAS AND ELECTRIC may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with
any financing agreement and may assign this Agreement to another entity. Alpha Gas and Electric will provide notice to customers of any assignment in
accordance with applicable regulations.
- Information Release Authorization. Customer authorizes ALPHA GAS AND ELECTRIC to obtain and review “Customer Information” as said is
defined in N.J.A.C. Section 14:2-1.2, which includes, but is not limited to, customer name, address, telephone number, usage habits or history, peak demand
and payment history, and information regarding Customer’s credit history from credit reporting agencies. This information may be used by ALPHA GAS
AND ELECTRIC 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 GAS AND
ELECTRIC. 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 ALPHA GAS AND ELECTRIC or by calling ALPHA GAS AND ELECTRIC at 1.888.264.4908. ALPHA GAS AND
ELECTRIC reserves the right to terminate this Agreement pursuant to the provisions of Section 6 of this Agreementin the event Customer rescinds the
authorization
- TPS Termination Rights. The services provided by ALPHA GAS AND ELECTRIC to Customer are governed by the terms and conditions of this
Agreement included. ALPHA GAS AND ELECTRIC shall have the right to terminate this Agreement in the event of a breach of the term(s) of the
Agreement by Customer, including, but not limited to, failure to remit payment as required under this Agreement, or for any other reason. ALPHA GAS AND
ELECTRIC will provide at least 30 days’ written notice prior to the termination of service and provide Customer with the opportunity to remedy the
termination condition. A final bill will be rendered within thirty (30) 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.
ALPHA GAS AND ELECTRIC will invoice Customer monthly for electricity and/or natural gas delivered under this Agreement, as measured by the LDU,
and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer will receive
a bill for the service provided by ALPHA GAS AND ELECTRIC, unless the LDU provides a consolidated bill for both commodity and delivery service.
ALPHA GAS AND ELECTRIC may assign and sell the Customer’s accounts receivable to the LDU. In the event of failure to remit payment when due,
ALPHA GAS AND ELECTRIC may terminate service under this Agreement in accordance with the provisions of Section 6 of this Agreement. A $30 fee
will be charged for all returned payments.
- Residential Customer Rights. Customer will receive a confirmation notice of its choice of TPS, and Customer will have 7 calendar days from the date
of such confirmation notice to contact the LDU and rescind its selection. This Agreement shall not be effective upon the residential Customer until the 7–day
confirmation period has expired, and the Customer has not, directly or indirectly, rescinded the selection. There is no charge for the residential Customer for
starting or stopping gas supply service if done within the terms of this Agreement. The residential Customer may terminate this Agreement, with 48 hours
notice without penalty, as a result of relocation within or outside the LDU’s franchise area, disability that renders the customer of record unable to pay for the
TPS’ service, and/or the customer of record’s death. Switching to a competitive TPS is not mandatory and Customer has the option of remaining with the
LDU for basic gas or electric service. You may contact the LDU customer service at PSEG at 1.800.436.7734, Rockland Electric at 1-877-434-4100, New
Jersey Natural Gas at 1-732-938-7977, Jersey Central Power and Light1-800-662-3115,
Atlantic City Electric 1-800-642-3780, Elizabethtown Gas 1-800-242-5830 or South Jersey Gas1-888-766-9900
and the New Jersey Board of Public Utilities Division (“Board”) at 973.648.2350 and the Board Division of Customer Assistance at 1.800.624.0241.
- Agency-Electric: Customer hereby designates ALPHA GAS AND ELECTRIC as agent to; (a) arrange and administer contracts and service agreements
between Customer and ALPHA GAS AND ELECTRIC and those entities including PJM engaged in the generation, transmission and delivery of Customer
electricity and/or natural gas supplies; and (b) nominate and schedule with the appropriate entities including the LDU for the delivery of electricity and/or
natural gas to the e Customer’s end-use premises. ALPHA GAS AND ELECTRIC as agent for the Customer will schedule the delivery of adequate supplies
of electricity and/or natural gas that meet the Customer’srequirements as established by the LDU and in response to information provided by the LDU. The
Delivery Points for the electricity be a point at the PJM ALPHA GAS AND ELECTRIC load bus. These services are provided on an arm’s length basis and
market-based compensation is included in the price notedabove.
Agency-Gas. Customer hereby designates ALPHA GAS AND ELECTRIC as agent to; (a) arrange and administer contracts and service agreements between
Customer and ALPHA GAS AND ELECTRIC and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule
with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Points, and with the LDU for the transportation of the
Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such
supplies of other customers served by ALPHA GAS AND ELECTRIC to maintain qualification for LDU transportation service and resolve imbalances that
may arise during the term of this Agreement.
ALPHA GAS AND ELECTRIC 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 LDU and in response to information provided by the LDU. The Delivery Points for the natural gas transported by interstate
pipelines will be the city gate stations of the LDU. ALPHA GAS AND ELECTRIC agrees to arrange for the transportation of the natural gas supplied under
this Agreement from the Delivery Points to the Customer’s end-use premises. These services are provided on an arm’s length basis and
market-based compensation is included in the price noted above
- Title. Customer and ALPHA GAS AND ELECTRIC agree that title to, control of, and risk of loss to the electricity and/or natural gas supplied by
ALPHA GAS AND ELECTRIC under this Agreement will transfer from ALPHA GAS AND ELECTRIC to Customer at the Delivery Point(s). ALPHA GAS
AND ELECTRIC will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the
electricity and/or natural gas provided hereunder. The risk of loss passes to customer at the customer’s meter
- Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer
and ALPHA GAS AND ELECTRIC. ALPHA GAS AND ELECTRIC makes no representations or warranties other than those expressly set forth in this
Agreement, and ALPHA GAS AND ELECTRIC expressly disclaims all other warranties, express or implied, including merchantability and fitness for a
particular use.
- Force Majeure. ALPHA GAS AND ELECTRIC will make commercially reasonable efforts to provide electricity and/ or natural gas hereunder but
ALPHA GAS AND ELECTRIC does not guarantee a continuous supply of electricity and/or natural gas to Customer. Certain causes and events out of the
control of ALPHA GAS AND ELECTRIC (“Force Majeure Events”) may result in interruptions in service. ALPHA GAS AND ELECTRIC will not be liable
for any such interruptions caused by a Force Majeure Event, and ALPHA GAS AND ELECTRIC 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, acts of any governmental authority,
accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the
LDU (including, but not limited to, a facility outage on its gas distribution lines), changes in laws, rules, or regulations of any governmental authority or any
other cause beyond ALPHA GAS AND ELECTRIC’s control.
- Liability. The remedy in any claim or suit by Customer against ALPHA GAS AND ELECTRIC 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 GAS AND ELECTRIC 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 GAS AND ELECTRIC Contact Information. Customer may contact ALPHA GAS AND ELECTRICS 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 GAS AND ELECTRIC’S
Corporate address at: ALPHA GAS AND ELECTRIC, 12 College Rd. Monsey, NY 10952. (Our NJ address is 706 Candlewood Commons, Howel NY
07731)
- Dispute Resolution. In the event of a billing dispute or a disagreement involving ALPHA GAS AND ELECTRIC’s service hereunder, the parties will
use their best efforts to resolve the dispute. Customer should contact ALPHA GAS AND ELECTRIC by telephone or in writing as provided above. When
ALPHA GAS AND ELECTRIC receives a customer complaint or inquiry via call center, email or regular mail, the representative will make a record of the
complaint and apply a case number or other identifying feature. The representative will investigate the substance of the complaint or inquiry and provide a
response to the customer within ten (10) days of receipt of the complaint or inquiry. If the customer is not satisfied with the resolution presented by the call
center representative, the representative will raise the complaint or inquiry with a supervisor, who will review the matter and respond to the customer within
five (5) business days. If the Customer is not satisfied with the ALPHA GAS AND ELECTRIC response, ALPHA GAS AND ELECTRIC will advise the
Customer that the Customer can contact the Board at 1.800.624.0241, to request an alternate dispute resolution procedure or file a formal complaint. Upon
receipt of a complaint forwarded by the Board or other governmental agency, ALPHA GAS AND ELECTRIC will respond within ten (10) days and in
accordance with the direction provided by the Board or other agency. 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 final resolution of the complaint.
- Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively
in the State of New Jersey. This Agreement shall be construed under and shall be governed by the laws of the State of Jersey without regard to the application
of its conflicts of lawprinciples.
- 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 GAS AND ELECTRIC’s net income, shall be paid by
Customer, and Customer agrees to indemnify ALPHA GAS AND ELECTRIC and hold ALPHA GAS AND ELECTRIC harmless from and against any and
all such taxes. 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
- 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 term, condition or provision of this Agreement including, but not
limited to price, ALPHA GAS AND ELECTRIC 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 LDU will respond to leaks and emergencies. In the event of a leak, service interruption, outage or other emergency, Customer
should immediately call PSEG at 1.800.436.7734, Rockland Electric at
1-877-434-4100, New Jersey Natural Gas at 1-732-938-7977, Jersey Central Power and Light 1-800-662-3115, Atlantic City Electric 1-800-642-3780,
Elizabethtown Gas 1-800-242-5830 or South Jersey Gas 1-888-766-9900.
- Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
- Environmental Characteristics and Electric Generation Mix. Information regarding the generation sources and environmental characteristics of the
electricity supplied by Alpha is available at www.alphagasandelectric.com. In the case of telephonic acceptance such execution or acceptance shall be
deemed provided pursuant to the methods authorized under N. J. A. C. 14:4-2.3(c).
- Green Product. A portion of your gas and/or Electric Usage will be covered by a Green product. Electric – Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production. 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. 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 less air pollution or carbon dioxide. Gas – Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The actual percentages or metric tons of GHG emissions reductions by type may vary.
- Promotion: “Free Month Energy” program for RESIDENTIAL CUTSOMERS. 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 anyother offer, rate schedule or rebate and is not offered
to COMMERCIAL CUSTOMERS.
