Residential Natural Gas Price Protection Program
The Customer hereby appoints Smart Energy (BC) Ltd. (“Smart Energy”) as its exclusive agent and supplier of natural gas for the Supply Period of this Agreement for the Service Address(es) listed below and any other locations or accounts specified on the attached Schedule. The Customer acknowledges having read and received a copy of this Natural Gas Price Protection Program along with a copy of the Notice of Appointment of Marketer form (together, the “Agreement”) and agrees to be bound by the terms and conditions in the Agreement.
This Agreement is in effect for an initial Supply Period of the Contract Term Listed above.
The following is a summary of the essential terms of this Agreement. For more detail, please refer to the Additional Terms and Conditions section set out in this Agreement. The Customer acknowledges and agrees as follows:
The GUARANTEED FIXED RATE for the cost of natural gas as given in the above rate per GJ.
All other charges on the Terasen Gas bill e.g., basic, taxes, midstream cost recovery, interest, delivery, etc. will not be affected by this Agreement and will continue to be charged by Terasen Gas.
The Supply Period of this Agreement will commence in approximately 60 to 90 days of execution of the Agreement, at the discretion of Smart Energy and dependent on available dates from Terasen Gas. The Customer may cancel this Agreement within ten calendar days of signing it by providing written notice to Smart Energy. After 10 calendar days, liquidated damages for cancellation are outlined in the additional terms and conditions. Smart Energy may renew this Agreement by providing the Customer with written notice of the terms and conditions of renewal (the "Notice") not less than 60 days and not more than 120 days before the Supply Period in this Agreement expires. The Customer may accept the renewal if such acceptance is provided to Smart Energy in writing within 30 days of receiving the Notice. If the Customer does not respond to the renewal notice, the Agreement will be deemed to be renewed in accordance with the terms set out in the Notice.
The undersigned acknowledges that he/she has read this Agreement and agrees to be bound by the terms and conditions herein and acknowledges that Smart Energy is not a utility but rather, is a licenced independent gas marketer. The Customer further acknowledges that he/she is the Customer (or has the authority to bind the Customer to the Terms and Conditions of the Agreement).
The Customer may cancel this Agreement without penalty within ten calendar days of signing by contacting Smart Energy (contact information is located at the top of the Agreement). After ten calendar days, liquidated damages for cancellation are outlined in the additional terms and conditions.
Additional Terms and Conditions
The Customer represents and warrants to Smart Energy (BC) Ltd. (“Smart Energy”) that this Agreement has been duly authorized, executed and delivered by the Customer.
Unless otherwise specified, all notices and communications made in connection with this Agreement shall be in writing and may be given by delivering them or sending them by fax to the Customer at the address shown on the front page of the Agreement and to Smart Energy at the address set out in this Agreement. Notices sent by personal delivery shall be deemed to have been, given on the business day of their delivery. Notices sent by postage paid shall be deemed to have been given 5 days after the date of mailing. Notices sent by fax shall be deemed to have been given on the business day following the date of transmission.
The Customer represents that he/she is the owner or authorized representative of the Service Address (es) and other locations specified (as per the Agreements and attached schedules, referred to as the “Premises”) and as such has the full right and authority to authorize and accept the delivery of all natural gas contracted at the Premises and agrees to appoint Smart Energy as its sole and exclusive supplier, agent and broker to arrange natural gas supply and any related services. The appointment is exclusive and the Customer understands the risks involved and is willing and able to assume all such risks. The Customer represents and warrants that there are no other supply agreements at the Premises and that he/she has not and will not modify or revoke the Appointment as Marketer nor appoint any other supplier or agent during the Supply Period of the Agreement (as defined below).
The term of the Agreement (the “Supply Period”) is scheduled to commence on the date of the first natural gas flow (subject to available dates from Terasen Gas) and ends at the end of the chosen period of 4 or 5 years (or a reasonable time thereafter given meter reading dates and Terasen Gas requirements), subject to the extension of the Supply Period as set out in this Agreement. Smart Energy expects commencement in approximately 60 to 90 days of execution of the Agreement, at the discretion of Smart Energy and dependent on available dates from Terasen Gas. The Customer hereby agrees to pay a fixed rate per gigajoule (“GJ”) in Cdn$ as shown on the front page of the Agreement, for the cost of natural gas on the Customer's natural gas bill during the Term. The agreed upon rate will not increase during the Term. All other charges on the Terasen Gas bill e.g., basic, taxes, midstream cost recovery, interest, delivery, etc. will not be affected by this Agreement and will continue to be charged by Terasen Gas unless otherwise notified.
In the event the Customer intends to move to a new location not listed as a Premise in this Agreement, the Customer must notify Smart Energy at least one (1) calendar month prior to moving to the new location. Upon notification, the parties agree that this Agreement will be amended to apply to the new premises for the remainder of the Supply Period of this Agreement. If the Customer does not notify Smart Energy within the specified time above, it will be at the option of Smart Energy whether or not to provide natural gas to the Customer for the remainder of the Supply Period. Should the Customer relocate to an area to which Smart Energy cannot or does not provide service or if the Distribution Company will not enroll the new Premises, the affected portions of this Agreement will be terminated.
The Customer hereby agrees that Smart Energy will suffer damages if the Customer terminates or breaches this Agreement by failing to pay amounts due or by doing any act that has the effect of ceasing supply of natural gas, contracting supply of gas with another marketer or switching to supply from the local utility and as such agrees to pay Smart Energy liquidated damages in addition to all of the amounts owed under the Agreement. Liquidated damages will be $1.20 per GJ of the Customers estimated Gas consumption over the 12 months preceding such transfer utilizing the historical information provided by Terasen Gas. The Customer agrees that the Amount is a genuine estimate of the aggregate of losses Smart Energy will sustain as a result of cessation of its services to the Customer. The Amount is hereby conclusively deemed to be liquidated damages and shall not under any circumstances be construed as a penalty. The Customer authorizes Terasen Gas to include the liquidated damages and associated fees in the Customer's natural gas utility bill payable to Smart Energy
Smart Energy may renew this Agreement by providing the Customer with written notice of the terms and conditions of renewal (the "Notice") not less than 60 and not more than 120 days before the Agreement expires. The Customer may accept the renewal if such acceptance is provided to Smart Energy in writing within 30 days of receiving the Notice. If the Customer does not respond to the renewal notice, the Agreement will be deemed to be renewed in accordance with the terms set out in the Notice. The Customer understands and agrees that the renewal notice may contain, among other things, changes to price and term
Smart Energy will not be held responsible for any damage, injury or loss associated with Terasens Gas’ natural gas facilities and/or equipment at the Customer’s Premises or any interruption of service from Terasen Gas.
Smart Energy may assign or otherwise transfer any or all rights or obligations under this Agreement, or pledge this Agreement or the proceeds therefrom as security for any obligations without the Customer’s permission or notification. In the event that Smart Energy transfers or assigns this Agreement to a new natural gas marketer, Smart Energy will provide the Customer with the marketer’s address, telephone number and customer service procedures. The Customer may not assign his/her rights and obligations under this Agreement to anyone, otherwise this Agreement may be terminated with two (2) days notice and Smart Energy may make a claim for damages for breach of this Agreement.
Should any provision of this Agreement be void or unenforceable for any reason whatsoever, it shall be considered separate and severable from the remaining provisions of this Agreement, which shall remain in force and be binding as though the said provision had not been included.
In the event of Force Majeure, the party whose performance has been prevented must provide notification to the other party. Upon providing notification, the affected party will be relieved of its obligation to make or accept delivery of Gas and neither party shall be held responsible for any damages that may have been caused during the period of the Force Majeure.
The Parties agree to be bound by any legislation, regulations, bylaws or similar enactments, or changes thereto, of the Federal and Provincial governments and the relevant municipalities governing the supply of natural gas. In the event that any material provisions of this Agreement become inconsistent with such enactments, the provisions of such enactments shall govern and Smart Energy, at its sole discretion, may notify the Customer that it wishes to renegotiate the affected terms and conditions of this Agreement. In the event that the parties are unable to renegotiate said terms and conditions, Smart Energy may terminate this Agreement upon thirty (30) days notice to the Customer.
The Customer consents to Smart Energy collecting, using, retaining and disclosing to third parties information of the Customer reasonably required by Smart Energy to carry on its business and to fulfill this Agreement, including, but not limited to, conducting credit reviews, communications with Terasen Gas and suppliers and transporters, and the assignment of the Agreement. Smart Energy will only collect, use disclose and retain Customer information deemed reasonably necessary to fulfill this Agreement and to fulfill its reasonable business purposes.
Smart Energy will not be held responsible for any damage, injury or loss associated with fulfilling any obligations under this Agreement should the Agreement not be approved by Terasen Gas for any reason.
The Agreement contains the entire agreement between the Customer and Smart Energy and it supercedes any previous agreement with the Customer. There are no verbal representations rights or obligations that are not contained in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and each party irrevocably attorns and submits to the exclusive jurisdiction of the Courts of British Columbia. A copy of the Code of Conduct for Gas Marketers is available upon request.
This Agreement may only be amended in writing, signed by the parties.
All Schedules attached hereto form part of this Agreement.