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Account Information
Service Class		Residential Commercial
I would like to enroll for:		Gas Electric Both
Gas Account Information		Account #
Electric Account Information		Account #
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Terms & Conditions
Service Class		General Terms and Conditions Nature Of Services: This Agreement confirms your enrollment with Major Energy Services, LLC (“Seller”) as your Gas and/or Electric Supplier Further known as “Energy”. Term: This Agreement will be in force for the term initially agreed upon (Primary Term), and will continue to be in force for subsequent one-year periods (Subsequent Term), unless terminated by either Party upon written notice, provided no later than 45 days prior to the expiration of the Initial Term or Subsequent Term then in effect. SELLER reserves the right to adjust the Contract Price for subsequent contract terms. This Agreement will continue on a month to month basis after the initial term. Residential customers may cancel this Agreement within three (3) business days of the signing this agreement by notifying SELLER, in writing, at 1801 86St 2fl, Brooklyn, NY 11214. Rates: The Price per Natural Gas Therm and/or Electricity KWH “Energy” during the term of this agreement shall not exceed what is set forth on the front of this agreement (Variable Pricing). Any Sales tax that Buyer may be subject to is not included in this price. If during the term of this agreement regulatory changes create additional costs not currently included in the Price, Seller shall pass through such costs to be paid by Buyer Payment: Buyer will be billed by Their LDC Utility. Consumer Protection: The services provided by SELLER to BUYER for Residential Purposes under this Agreement are protected by this Agreement and the Home Energy Fair Practices Act (“HEFPA”). In the event of non-payment of any amounts owed by BUYER to SELLER, BUYER may be subject to suspension of distribution service by the LDC and SELLER reserves the right to terminate this Agreement and commodity service hereunder to the BUYER under procedures approved by the NYDPS. SELLER will provide at least fifteen (15) calendar days notice prior to canceling service to BUYER for non-payment of any amounts owed to SELLER. BUYER may obtain additional information by contacting SELLER at 718-234-1262, or the NYDPS at 800-342-3377, or by writing to the NYDPS at: New York State Department of Public Service, Office of Consumer Services, 3 Empire State Plaza, Albany, New York 12223, or through its website at: http://www.dps.state.ny.us. The NYDPS monitors complaints against all energy companies supplying energy in New York State, and an excessive number of complaints may result in an energy company no longer being eligible to supply energy in New York State. Title: BUYER and SELLER agree that title and risk of loss of the energy sold under this Agreement will transfer from SELLER to BUYER at the sales point(s). Transportation: SELLER agrees to transport energy to the sales point(s). SELLER will arrange for transportation from the sales point(s) to the delivery point(s) as BUYER’S agent. BUYER will receive a separate bill from BUYER’S LDC for transporting energy from the delivery point(s) to BUYER’S meter(s). Taxes and Laws: BUYER is responsible for paying all applicable taxes. If BUYER is tax exempt, BUYER must furnish SELLER an exemption certificate before service commences. This Agreement is subject to all local, state and federal laws, and regulations of governmental agencies having jurisdiction over such services. Emergency Service: In the event of an energy emergency or service interruption, you should immediately call emergency personnel and your local utility at the following numbers: Keyspan (800) 490-0045 - Con Ed (800) 752-6633 – O&R (800) 533-5325 Disputes: If BUYER breaches this contract, BUYER will compensate SELLER for any reasonable loss it incurs, including losses incurred as a result of SELLER having to resell energy supplies allocated for BUYER to another party. SELLER will attempt in good faith to resolve any dispute arising out of this Agreement. Disputes not resolved within 60 days may be submitted for resolution in small claims court or, if the dollar amount of the dispute exceeds small claims court jurisdiction, submit the dispute to final, binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Residential customers who have a dispute under this agreement are protected by Home Energy Fair Practices Act (“HEFPA”). BUYER may obtain additional information by contacting SELLER at 718-234-1262, or the NYDPS at 800-342-3377, or by writing to the NYDPS at: New York State Department of Public Service, Office of Consumer Services, 3 Empire State Plaza, Albany, New York 12223, or through its website at: http://www.dps.state.ny.us Initial here to acknowledge that you understand your right to arbitrate. ___________ Liability: In no event shall either party be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from a breach of this Agreement. Force Majeure: Neither SELLER nor BUYER will be liable for breaching this contract if the breach is due to a material, unavoidable occurrence beyond the party’s control. This does not include inability to pay. Each party will notify the other promptly upon learning of the Force Majeure condition. Severance: If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way. No Warranties: Unless otherwise expressly set forth in this Agreement, SELLER provides and Customer receives no warranties, express or implied, statutory, or otherwise and SELLER specifically disclaims any warranty of merchantability or fitness for a particular purpose. Expected Start Date: Customer understand and agrees that due to unforeseen circumstances, the actual start date will be at Major Energy services discretion at our next available start date. We expect Gas customers to begin service within 180 days of enrollment or our next available start date. We expect Electricity customers to begin service within 200 days of enrollment or our next available start date, However make no warranties as to a start date for Electricity service. Gas Enrollments may take place before or independent of electric enrollments. Electric Customers may be Serviced By our Subsidiary Major Energy Electric Services LLC Delay or Failure to Exercise Rights: No partial performance, delay or failure on the part of SELLER in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder. Assignment: BUYER may not assign this contract without SELLER’s consent. This Agreement will inure to and be binding upon the successors and assignees of the Parties. This contract is governed by New York State law and can only be amended in writing. This contract is the entire understanding between BUYER and SELLER; no oral statements are effective. SELLER may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financial agreement and may assign this Agreement to another energy supplier, energy services company or other entity in accordance with the NYDPS rules and procedures, if any, governing such transactions. Residential Customers: Residential customers can cancel at any time. Residential customers may also rescind this Agreement within three (3) business days of the signing this agreement by notifying SELLER, in writing, at 1801 86 St 2fl, Brooklyn, N.Y. 11214. or by fax at (718)228-2552 Commercial Customers: Commercial Customers agree that to realize potential savings they must keep the service for a minimum of 6 months. Commercial Customers who cancel prior to 6 months of service may have a cancellation fee imposed equal to (10) cents times the estimate of your annual gas and electricity use provided by your utility for the previous 6 months, cancellation fees are imposed at SELLER’S Discretion. After 6 months of service, there is no cancellation fee. Business customers may rescind this Agreement within three (3) business days of the signing this agreement by notifying SELLER, in writing, at 1801 86 St 2fl, Brooklyn, N.Y. 11214. Customer Charges: Commercial Customers, Electricity Customers, and Gas Heating Customers Pay No Customer charges. Cooking Gas/Low usage under 200 therms/Year Gas customers will pay a 1.95 monthly Customer charge. Entire Agreement: This Agreement sets forth the entire agreement between the parties with respect to the terms and conditions of this transaction; any and all other agreements, understandings and representations by and between the parties with respect to the matters addressed herein and therein are superseded by this Agreement. Version 2.7 – 10/07DM
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