New York Terms and Conditions

New York

NY Fixed Terms and Conditions

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 thisAgreement, 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 “LDC”). Alpha is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the LDC’s delivery schedule. The LDC will continue to deliver the natural gas and/or 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 LDC, 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 same fixed rate. 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 and/or $.25 per therm multiplied by the estimated amount of therms 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 natural gas and/or electricity supplied under this Agreement, as measured by the LDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. The LDC will separately bill for, and Customer will be obligated to pay, all LDC delivery related rates and charges. Customer may receive a single bill for both commodity and delivery costs from either Alpha or the LDC, or each of the LDC 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 New York State Department of Public Service (the “DPS”). Alpha may assign and sell Customer accounts receivable to the LDC. In the event of failure to remit payment when due by a residential customer, Alpha may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act (“HEFPA”). Failure by a commercial customer to make full payment of Alpha charges due on any consolidated bill prepared by the LDC for Alpha will be grounds for disconnection of utility services in accordance with NYPSC rules and regulations on the termination of service to non-residential customers, 16 NYCRR Section 13.3. Customer shall be liable for all costs of collection including the late payment interest rate set forth in this Agreement, reasonable attorneys’ fees (if suit is filed) and reasonable collection agency fees. A $30 fee will be charged for all returned payments.
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 DPS.
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 LDC: 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 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 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 (ESCO) to Customer are governed by the terms and conditions of this Agreement and the New York State Public Service Commission rules and regulations (Orders) including the Uniform Business Practices (UBP) and HEFPA 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 DPS. Customer may obtain additional information by contacting Alpha at 1.888.636.3749 or 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: http://www.dps.ny.gov. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728.
Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, 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 LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no rescission period for a commercial customer.
Agency-Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha 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 Point(s), and with the LDC for the transportation of the Customer’s natural gas supplies from the Delivery Point(s) to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDC and in response to information provided by the LDC. Alpha 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. Agency-Electric: Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and those entities including the New York Independent System Operator (“NYISO”) engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Delivery Point and the Customer’s end-use premises. Alpha as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. The Delivery Points for the electricity will be a point at the NYISO Alpha load bus (located outside of the municipality where Customer resides).These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
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. – 4:00 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). The services provided by (ESCO) to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. In the event of a billing dispute or a disagreement involving 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. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures (“Procedures”) or calling the DPS at 1.800.342.3377. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS. 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. The DPS will not resolve Non Residential disputes associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customers regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply natural gas or electricity in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting http://www.dps.ny.gov.
Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.
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 price, 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. PARTICIPATION IN APP: Participation in the Assistance Program Participant (“APP”) program or any utility low income assistance program administered by your utility affects your eligibility to take service from a competitive retail electric service provider. You represent that you are not currently approved for or enrolled in APP or any such utility low income assistance program and that if you subsequently become approved for APP or any such utility low income assistance program, I understand that NY PSC regulations require Alpha to de-enroll me at the expiration of my existing agreement with Alpha.
Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Con Edison 1-800-75CONED; Orange and Rockland at 1.877.434.4100; KeySpan 718.643.4050 (NYC) and 1.800.490.0045 (Long Island); Niagara Mohawk at 1.800.892.2345; Central Hudson at 1.800.527.2714; RG&E at 1.800.743.1701; NYSEG at 1.800.527.2714; National Fuel at 1.800.444.3130 and emergency personnel.
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. In the case of telephonic or electronic enrollment execution shall be deemed provided pursuant to the methods authorized under the New York Uniform Business Practices.
“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 any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.
Green Product. Electric Renewable Energy Program. – Your electricity usage is matched by the generation of energy from renewable resources by retiring renewable energy certificates (RECs). RECs represent the environmental attributes associated with the applicable amount of renewable energy generation from various renewable sources that comply with the appropriate locational and delivery requirements. RECs will be purchased and retired to satisfy the percentage of renewable generation guaranteed by this agreement. The renewable mix provided under this agreement must be at least 50% greater than the applicable Renewable Energy Standard (RES) obligation for the current year. In order to satisfy the terms of this contract, RECs must be purchased from eligible renewable generators through NYGATS; by purchasing Tier 1 RECs from NYSERDA; by procuring RECs from eligible renewable generators through bilateral contracts; by entering into bundled energy and REC purchase agreements with eligible renewable generators; or by making Alternative Compliance Payments to NYSERDA. Please see the Product Content Label provided at http://www.alphagasandelectric.com for this information. Please see the Product Content Label for more information.
Home Warranty For gas Customers only. The current warranty is offered through Liberty Home Guard “(LHG)”. This warranty company may be changed at the discretion of Alpha, but if changed it will continue to provide similar or better services. Customer will receive service under the LHG Program at such time as Customer begins receiving natural gas supply from Alpha Gas and Electric. Customer’s service under the LGH Program will be subject to the LHG terms and conditions, which are separate from this Agreement. Customer should refer to the LHG Program terms and conditions for further details, which are provided simultaneously with this Agreement. Alpha Gas and Electric will notify Customer of material changes to the LHG terms and conditions at least thirty (30) days in advance of any such change taking effect, and Customer may terminate this Agreement without penalty if the proposed changes to the LHG are unacceptable. To the extent Customer terminates this Agreement, Customer will no longer be eligible for and will not receive the benefits associated with the Liberty Home Guard Program.

New York State Public Service Commission

Your Rights as an Energy Services Company Consumer

ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

A clear description of the services offered by the ESCO.
Receive energy delivery and 24-hour emergency services from your utility company.
Clear procedures for switching energy suppliers, including information about the enrollment process.
Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: o price and all variable charges or fees;
- length of the agreement;
- terms for renewal of the agreement;
- cancellation process and any early termination fees, which are limited by law; and
- conditions, if any, under which the ESCO guarantees cost savings.

Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer.
A description of how pre-payment agreements work, if offered.
Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
A fair and timely complaint resolution process
Provision of any written documents (contracts, marketing materials,

If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to www.dps.ny.gov/resright.html.

ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov. You can find more information about your energy alternatives by visiting: www.AskPSC.com