All contracts may include the following provisions:
- Term – Dates the contract is in effect and any renewal provisions; states if renewals are automatic, or need subsequent approval.
- Pricing – Establishes the price per energy unit (kWh, therm, ccf, MCF), and notes how taxes are treated, as well as any other potential fees or charges.
- Termination – Specifies the conditions under which the contract can be terminated.
- Assignment – Identifies whether and under what conditions your contract may be assigned to others.
- Consumer Protections – Outlines protections to consumers, along with contact information for the ESCO (or broker) and the New York State Public Service Commission.
- Cancellation – Identifies how to cancel the contract and provides notice of any cancellation fees that might apply.
- Title – Identifies where the title to the electricity or natural gas is transferred to the customer.
- Warranty – Outlines any representations or warranties included in the agreement.
- Force Majeure – Establishes circumstances under which the ESCO (or broker) may be released from performance under the contract; generally related to interruptions in service beyond the control of the parties.
- Liability – Outlines the conditions and remedies that may be available in the event of damages arising from lack of performance under the contract.
- Dispute Resolution – Outlines the process to be used if the customer disputes a specific bill or charge.
- Choice of Laws – Identifies the venue and process agreed to for legal determinations of the contract, if needed.
- Taxes and Laws – Identifies responsibility for taxes or regulatory requirements.
- Emergency Contacts – Identifies who to contact in the event of a service interruption, gas leak, etc.