New York Disclosures
Variable Rate Guaranteed Savings
Electric Variable Price shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges, and other market-related factors, plus all applicable taxes, fees, charges, or other assessments and Catalyst Power’s costs, expenses and margins. Variable products must guarantee savings in relation to what the customer would have paid as a full-service customer to the Local Distribution Utility on an annual basis, or with greater frequency, and provide a credit or refund if necessary.
For Variable Rate service, the Term is 30 days. For more details See Section 2-Term.
A residential Customer may rescind by calling Catalyst Power’s toll-free number within 3 business days of receipt of the sales agreement.
No early termination fee for variable-rate service.
1.5% per month on overdue balances
After Initial Term, unless otherwise agreed to, renews on a month-to-month basis at a variable rate methodology until terminated by either party. For more details see Section 2 – Term.
This agreement offers no guaranteed savings on an annually reconciled basis. See paragraph 3.
This is an agreement between U.S. Energy Partners LLC dba Catalyst Power (“Catalyst Power”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate electricity service and begin enrollment with Catalyst Power (the “Agreement”). Subject to the terms and conditions of this Agreement, Catalyst Power agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity, as estimated by Catalyst Power, necessary to meet Customer’s requirements based upon consumption data obtained by Catalyst Power or the delivery schedule of the Local Distribution Utility (the “LDC”). Catalyst Power is not affiliated with and does not represent the LDC. The amount of electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Catalyst Power or the LDC’s delivery schedule. The LDC will continue to deliver the electricity supplied by Catalyst Power.
For Variable Rate service, this Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Catalyst Power is deemed effective by the LDC, and shall continue for 30 days thereafter (the “Initial Term”). Unless otherwise agreed to upon completion of the Initial Term, this Agreement will renew on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms. (the “Renewal Term”).
Unless otherwise agreed to in writing, the price for all electricity sold under this Agreement shall be a variable price which shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Catalyst Power’s costs, expenses and margins.
Guaranteed Savings: The Customer is guaranteed to save under this Agreement on an annually reconciled basis. This guarantees that the customer’s total bill from the utility (which includes all Catalyst Power supply charges), will be less than the customer’s total bill from the utility would have been if receiving default supply service. Catalyst Power will perform a reconciliation on an annual basis, or with greater frequency and provide a credit or refund if you were billed more over the relevant period than you would have been billed had you remained with your LDC for default supply service.
If there is a material adverse change in the business or financial condition of Customer (as determined by Catalyst Power at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Catalyst Power may terminate this Agreement upon 15 days’ written notice to Customer.
Customer will receive a single bill for both commodity and delivery costs from the LDC, or each of the LDC and Catalyst Power 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”). Catalyst Power may assign and sell Customer accounts receivable to the LDC. In the event of failure to remit payment when due by a residential customer, Catalyst Power may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act (“HEFPA”). A $50 fee will be charged for all returned payments.
Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Catalyst Power. Catalyst Power 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 with 30 days written notice to Customer. A change in control shall not be considered an assignment hereunder.
Customer authorizes Catalyst Power 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; participation in utility low-income discount programs; 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 Catalyst Power 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 Catalyst Power. 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 Catalyst Power or by calling Catalyst Power at 1.844.590.0653. Catalyst Power reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
The services provided by Catalyst Power 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 other applicable requirements including the NYS Home Energy Fair Practices Act (HEFPA for residential customers). Catalyst Power 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 Catalyst Power. 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 Catalyst Power at 1.888.789.7250 or the DPS at 1-800-342-3377 (General Helpline), 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 (ESCO Hotline).
A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Catalyst Power at 1.888.789.7250 or in writing. Customer is liable for all Catalyst Power 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.
Customer hereby designates Catalyst Power as agent to; (a) arrange and administer contracts and service agreements between Customer and Catalyst Power 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 Sales Point and the Customer’s end-use premises. Catalyst Power 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 Sales Points for the electricity will be a point at the NYISO Catalyst Power 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.
All electricity sold under this Agreement shall be delivered to a location considered the “Point of Delivery”, which shall be at the NY ISO Catalyst Power load bus (located outside of the municipality where Customer resides), and shall constitute the point at which title transfers and the sale occurs. Catalyst Power will indemnify and hold harmless Customer from all taxes, royalties, fees, or other charges incurred before title passes with respect to the electricity provided hereunder.
This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Catalyst Power. Catalyst Power makes no representations or warranties other than those expressly set forth in this Agreement, and Catalyst Power expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Catalyst Power will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Catalyst Power does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Catalyst Power (“Force Majeure Events”) may result in interruptions in service. In the event that Catalyst Power is rendered unable, wholly or in part, to perform its obligations under this Agreement due to events not reasonably anticipated or within either party’s control, Catalyst Power will not be liable for any interruptions caused by a Force Majeure Event, and Catalyst Power 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, curtailment by Customer’s LDC or Catalyst Power transportation capacity, Customer’s LDC appropriation of natural gas, 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 Catalyst Power’s control.
The remedy in any claim or suit by Customer against Catalyst Power 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 Catalyst Power 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.
Customer may contact Catalyst Power’s Customer Service Center at 1.888.789.7250, Monday through Friday 8:00 a.m. – 5:00 p.m. EST (contact center hours subject to change). Customer may write to Catalyst Power at: Catalyst Power,600 Franklin Ave, #288, Garden City, NY 11530.
The services provided by Catalyst Power 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 Catalyst Power’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Catalyst Power 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.
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.
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 Catalyst Power’s net income, shall be paid by Customer, and Customer agrees to indemnify Catalyst Power and hold Catalyst Power harmless from and against any and all such taxes.
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 Niagara Mohawk at 1-800-892-2345; RG&E at 1-800-743-1701; NYSEG at 1-800-572-1131; and emergency personnel. Customer should then call Catalyst Power at: 1.888.789.7250.
This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Catalyst Power 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.