My Choice Energy (“MCE”) will supply natural gas to the account holder’s residence for heating and other purposes, subject to the eligibility requirements of the local utility, and acceptance by MCE. MCE is a licensed supplier by the Michigan Public Service Commission (“MPSC”) under the DTE/MichCon, Consumers Energy, Michigan Gas Utilities and SEMCO Energy (Local Utility) Gas Customer Choice Programs (“GCC”).
1. Utility Services. By signing this Contract I am authorizing MCE to be my agent for purposes of supplying my natural gas requirements, and to enroll me as a participant in the GCC program with my Local Utility under the below stated terms and conditions, which I have read and agreed to. As a participant in the GCC, your Local Utility will continue to deliver your natural gas, read your meter(s), determine your gas usage, mail your bill(s) and provide traditional utility services. You will continue to call your Local Utility in the event of an emergency or service outage. The telephone number is listed on your bill and in Section 7 of this Contract.
2. Terms and Contract Renewals. Service will begin on the date set by your Local Utility and will continue in accordance with this Contract unless terminated earlier or continued as provided in this Contract. MCE will mail a renewal offer 60 days prior to the Contract Term Expiration date. If MCE does not hear back from you, MCE will continue to supply your natural gas month to month after the initial Term Expiration date stated on the front of this Contract.
3. Pricing. Fixed Pricing: The price shall be a fixed rate as indicated on the front of this Contract unless otherwise stated and in accordance with the terms and conditions of this Contract. After the initial term, if you do not cancel according to the Section 4, and you have not agreed to a new fixed price and term, your Contract with MCE will automatically continue on a month to month basis at then current market rates without providing additional notification. Variable Pricing (Including Nymex + $, Variable and MVP): This variable rate, which may change monthly, will be calculated by using the New York Mercantile Exchange (NYMEX). MCE will determine the date, each month, from which the NYMEX shall be used. Example Calculation: NYMEX price = $3.00/Mcf; Adder = $0.85/Mcf. Variable rate = $3.85/Mcf.
4. Early Termination Fee. Residential: You have the right to cancel this Contract at anytime within 30 days of entering this Contract without penalty. If you cancel this Contract after the 30 day grace period and prior to the Term Expiration date and your Term Expiration date is one year or less from the date that it was signed, there will be an early termination fee of $50. If your Term Expiration date is more than one year frm the date you signed the contract, then the termination fee is $100. Once you have cancelled with MCE, the end date will be determined by your Local Utility and could result in MCE remaining your supplier for one to two more billing cycles after cancellation. If you move, MCE receives notification from your Local Utility and your contract is automatically terminated without penalty. If you move within the same Local Utility service area, contact MCE to inquire about transferring the contract. You may cancel this Contract without penalty if you are beyond your initial Term Expiration or your gas is being supplied Month-to-Month with no contract. The exercise of this right by you may occur through either verbal or written communication to MCE by using the telephone number or address on the front of this Contract. If you cancel and choose to return to the gas utility as your natural gas supplier, the gas utility may charge you a $10 switching fee. In addition, you must remain with the gas utility for twelve (12) months.
5. Payment and Billing. Your Local Utility will continue to send you a single bill covering the utility’s distribution and monthly service charge as well as MCE’s supply charge. MCE’s supply charge only replaces the supply charge previously charged by your Local Utility. The total MCE supply charges for the applicable billing period is the amount of gas you consumed during the billing period multiplied by the Fixed Price agreed to on the front of this Contract. The MCE supply price does not include any sales or gross receipts tax. You agree to continue to pay your Local Utility for the entire gas bill under your utility’s payment terms and conditions. For any billing disputes regarding volumes or metering, please contact your Local Utility. For other questions regarding gas pricing only, contact MCE at 888-505-9104.
6. Miscellaneous. You must notify MCE promptly of any material changes in gas consumption after your initial enrollment. MCE may choose not to accept this Contract for any reason or to cancel this Contract if gas consumption does not reflect current home heating usage. This Contract and the confirmation letter reflect MCE’s entire Contract and supersede any oral or written statements made in the connection with your gas supply. There may be delays in commencing gas service under this Contract and MCE is not responsible for any such delays. MCE may assign this Contract to another supplier authorized by your local utility and the MPSC provided that MCE gives no less than 30 days written notice and the assignee assumes all of the responsibilities and duties under this Contract. Any notice required shall be deemed to have been made if delivered by mail to the appropriate party. Neither account information nor any other confidential information will be released to an unauthorized third-party without written consent.
7. Emergency Service. In the event of an emergency or service outage, customers must call their local utility at the telephone number listed: Consumers Energy 1-800-477-5050; DTE/MichCon 1-800-477-4747 or 1800-947-5000; SEMCO Energy 1-888-427-1427; MGU 1-800- 401-6451.
8. Liability. Liabilities not excused by reason of force majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages. These limitations apply without regard to the cause of the liability or damage, except otherwise provided under the provision of PA 634 of 2002. There are no third party beneficiaries to this Contract.
9. Customer Care Service. Questions and concerns about gas supply should be directed to the MCE Customer Care Center from 9:00 am until 5:00 pm Monday through Friday excluding holidays at 1-888-505-9104 or send a letter to 6034 King Rd., Marine City, MI 48039. You may email your inquiry to email@example.com. MCE will refer all complaints to a representative who will acknowledge them promptly and work out a mutually satisfactory resolution. Questions or disputes not resolved may be referred to the MPSC at http://www.michigan.gov/mpsc or 1-800-292-9555 to assist in the resolution of disputes.