This STANDARD SERVICE AGREEMENT (“Agreement”) will authorize CenStar Energy Corp (“CENSTAR”) to serve as the undersigned Customer’s Third Party Gas Supplier in the territory of Public Service Electric & Gas. The services provided by CenStar Energy Corp to the Customer and are governed by the terms of this Agreement.
SALES – Customer and CenStar Energy Corp. (collectively “the Parties” and individually, “Party”) agree that these terms and conditions of this Standard Service Agreement shall apply to any and all of the below/attached described Rates and Terms as well as any Welcome Letter and described herein known collectively, as the “Agreement or Welcome Kit”. You understand that this Agreement hereby authorizes CENSTAR to change Your Third Party Supplier (“TPS”) and select CENSTAR to initiate service and begin enrolment as your gas supplier of choice. CENSTAR is a licensed TPS in New Jersey and is not affiliated with your current LDC.
TERM & RATE – Service with CENSTAR shall begin on the date your supply service is transferred from Your LDC or TPS to CENSTAR. This process may take up to ninety (90) days. The Term of this agreement is mentioned above and shall begin from the date of your first available meter read (“Initial Term”). The rate shall consist of gas generation service pricing, transportation, profit, market factors, LDC fees and any/all applicable taxes. For fixed price service if usage over the course of the year exceeds the level of usage in the same month in the previous year (“Base Load”), the Customer will be charged a variable price tied to the basic average of that month’s Transco Zone 6 gas daily settlements for all usage in excess of the Base Load and the fixed price for usage up to the Base Load. If the usage in any month falls below the Base Load, the Customer will be charged the fixed price for all usage and shall be charged for hedging, cash out costs, settlement or balancing costs related to the positive difference between the Base Load and actual consumption. If CenStar concludes that a change in laws increases CenStar’s costs, the purchase price may be adjusted by CenStar to reflect such costs. “Laws” mean all tariffs, laws, orders, rules, taxes, regulations and utility changes to customer’s monthly capacity and/or transmission obligations.The LDC will continue to deliver gas to Customer’s project (“Distribution Service”), read the Customer’s meter, bill the Customer and make any necessary repairs. Your LDC will continue to respond to emergencies and will remain your point of contact in the event of a power outage.
CUSTOMER RIGHTS AND TERMINATION – You will receive a confirmation notice and welcome letter for choosing CENSTAR as Your supplier and You have seven (7) calendar days from the date you receive the confirmation notice to contact Your LDC and rescind Your selection. The agreed upon rate for the Initial Term will be disclosed in the welcome letter. This Agreement shall not be legally binding until the seven (7) day period has expired and You have not, directly or indirectly, rescinded Your selection. Cancellation may take up to 8 weeks or more since it cannot be affected until the LDC provides a meter reading. You still remain responsible for payment of all gas used during this time. If Your LDC drops you from utility consolidated billing for any reason, including, but not limited to, lack of payment, no further notice shall be provided and you remain fully responsible to CENSTAR for all gas provided by CENSTAR until you are returned to the utility for full service. In the event that a Customer (a) relocates, (b) becomes disabled and is unable to pay for gas supply service, or (c) dies, this Agreement may be canceled with forty-eight (48) hours prior notice to CENSTAR. If Customer cancels this Agreement, Customer is responsible to pay CENSTAR through the date of the switch to another supplier or return to the LDC for gas supply service.
CUSTOMER INFORMATION – Customer agrees to allow its LDC to release certain information to CENSTAR that will be needed to provide gas supply to the Customer. This may include, but not by way of limitation, Customer usage, payment history, and credit information.
BILLING, PAYMENT & CANCELLATION – You will be billed by Your LDC for services provided by CENSTAR and must pay your bill in accordance with LDC payment policy. If Your LDC drops you from consolidated billing you will receive a separate bill from CENSTAR for service provided after the LDC cancels your service. Your CENSTAR bill is due within 30 days of the billing date and late fees will be assessed if the full amount due is not received within 30 days of the bill date.
FORCE MAJEURE – CENSTAR WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE GAS SUPPLY SERVICE TO THE CUSTOMER, BUT DOES NOT GUARANTEE A CONTINUOUS SUPPLY OF GAS. CERTAIN CAUSES AND EVENTS ARE NOT IN THE REASONABLE CONTROL OF CENSTAR AND MAY RESULT IN INTERRUPTIONS IN SERVICE. CENSTAR IS NOT RESPONSIBLE FOR TRANSMITTING OR DISTRIBUTING GAS. CENSTAR IS NOT LIABLE FOR DAMAGES CAUSED BY ACTS OF GOD, CHANGES IN LAWS, RULES, REGULATIONS, OR OTHER ACTS OF ANY GOVERNMENTAL AUTHORITY (INCLUDING THE BPU OR PJM INTERCONNECTION, LLC, THE OPERATOR OF THE REGIONAL POWER GRID), ACCIDENTS, STRIKES, LABOR DISPUTES, REQUIRED MAINTENANCE WORK, INABILITY TO ACCESS THE GAS DISTRIBUTION SYSTEM, NONPERFORMANCE BY THE LDC OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF CENSTAR. IN ADDITION, THE CUSTOMER MAY BE REQUIRED TO PAY ANY ADDITIONAL OR INCREASED FEES OR CHARGES THAT ARE GENERALLY BEYOND THE REASONABLE CONTROL OF CENSTAR, INCLUDING BUT NOT LIMITED TO FEES FOR DISCONNECTION, RECONNECTING, MAINTAINING GAS SERVICE OR EQUIPMENT OR TRANSMISSION CHARGES THAT ARE IMPOSED BY LAW, RULE, REGULATION, TARIFF, OR BPU ORDER. THESE CHARGES OR FEES WILL BE PASSED ON TO THE CUSTOMER AND ADDED TO THE CUSTOMER’S PRICE.
LIMITATION OF LIABILITY – Liabilities not excused by reason of force majeure or otherwise will be limited to direct, actual damages. CENSTAR’s liability in connection with this Agreement shall in no event exceed the difference between the reasonable price of replacing any undelivered gas and its price under this Agreement. CENSTAR is not liable for interruptions to, or shortages of, gas supply, nor is it liable for any resulting associated loss or damage. These limitations apply without regard to the cause of any liability or damage. CENSTAR is not responsible for any failure to commence or terminate the Customer’s Gas Supply Service on the dates stated herein, due to any delay in enrolling the Customer. Nothing in this Agreement shall constitute any waiver of any right the Customer may have under New Jersey or Federal Consumer Protection laws.
ASSIGNMENT, CHANGES TO TERMS – This Agreement shall extend to and be binding upon the respective successors and assigns of the Parties. You may only assign this Agreement with the express prior written consent of CENSTAR. Such consent not to be unreasonably withheld conditioned or delayed and provided further that you may assign this to any affiliate without approval, but upon notice to CENSTAR. CENSTAR reserves the right to change the terms of this Agreement, assign this Agreement or delegate its duties by providing written notice and as otherwise stated in existing or future New Jersey Board of Public Utility rules, regulations, orders, and applicable statutes. Notwithstanding the foregoing, no change will occur which increases your obligation until you are offered the opportunity to terminate this agreement without penalty.
- GOVERNING LAW – This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regards to conflict of law principles.
For Jersey Central Power & Light (JCP&L) at 1-800-662-3115; Public Service Gas & Gas (PSE&G) at 1-800-553-PSEG (7734); for Atlantic City Gas at 1-800-642-3780. In the event of a gas and/or gas related emergency, such as a gas or gas outage, or gas leak, You should immediately call Your local utility/LDC depending on Your provider: PSE&G at 1-800-436-PSEG (7734), JCP&L at 1-888-LIGHTSS (1-800-544-4877), or Atlantic City Gas at 1-800-833-7476. The contact information for the BPU Division of Customer Assistance is as follows: Internet address: www.bpu.state.nj.us/bpu/assistance/index.html. Telephone number: 1-800-624-0241 Mailing address: New Jersey Board of Public Utilities, Division of Customer Assistance, 2 Gateway Center, Suite 801, Newark, NJ 0710.
- DISPUTE PROCEDURE – If you have concerns regarding your account, please contact Customer Service at 1-877-529-6701 and CENSTAR will try to resolve the matter. You have the right to contact the BPU toll-free at 1-800-624-0241 if you have any questions or are unsatisfied with any resolution.
- ENTIRE AGREEMENT – This Agreement sets forth the entire agreement between you and CENSTAR. All prior agreements, understandings, and representations, whether oral or written, are superseded by this Agreement.
CENSTAR contact information is as follows:
Internet Address: www.censtarenergy.com
Mailing Address: 1 Radisson Plaza, Ste 704 | New Rochelle, NY 10801
Customer Service Telephone No: 877-529-6701
Customer Service Email: email@example.com
In the event of a power outage, problem with your gas meter or other service need, please contact your LDC at the phone number listed below:
Atlantic City Gas Emergency: 1-800-833-7476
Customer Service: 1-800-642-3780
Jersey Central Power & Light Emergency: 1-888-544-4877
Customer Service: 1-800-622-3115
Public Service Gas & Gas Emergency: 1-800-880-7734
Customer Service: 1-800-880-7734
Rockland Gas Emergency: 1-877-434-4100
Customer Service: 1-877-434-4100
The contact information for the BPU Division of Customer Assistance is as follows:
Internet address: www.bpu.state.nj.us/bpu/assistance/index.html
Telephone number: 1-800-624-0241
New Jersey Board of Public Utilities
Division of Customer Assistance
2 Gateway Center
Suite 801, Newark, NJ 07102
REPRESENTATIONS AND WARRANTIES: The gas sold under this Agreement will be supplied from a variety of generating sources, including the gas provided pursuant to any renewable energy requirements, and will meet the quality standard of the LDC. CENSTAR makes no representations or warranties other than those expressly set forth in this Agreement. CENSTAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TITLE, RISK OF LOSS, AND INDEMNITY: Title to and risk of loss with respect to the gas will pass from CENSTAR to the Customer when the gas is delivered at the LDC’s meter to the Customer. The Customer acknowledges that CENSTAR does not have care, control, or custody if the Customer’s property or premises, or of any gas facilities including, but not limited to, lines, wires, or the meter located on or near the Customer’s premises. The Customer further acknowledges that the Customer is in exclusive control (and is responsible for any damages or injuries caused thereby of gas at and from such meter.
MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.