Customer Name:
Service Address:
LDC Account Number:
 

Third Party Supplier Contract Summary

Champion Energy Services, LLC
1500 Rankin Road; Suite 200, Houston, TX 77073
Website: www.championenergyservices.com
NJ BPU License: ESL-0082
Champion is responsible for your electricity supply.

Price Structure

Your rate is fixed during the during the Term of your Contract, after which your rate will be variable.
A fixed rate is one that normally does not change during your term. A variable rate is one that may change on a month-to-month basis as determined by Champion, taking into account market prices, supplier margin, and changes in the weather (with higher rates possible during hotter-than-normal or colder-than-normal weather).

Generation/Supply Price

13.900¢/kWh

Statement Regarding Savings

Savings are not guaranteed

Amount of time required to change from TPS back to default service or to another TPS

Between 20 and 60 days based on your Utility's applicable meter read cycle.

Incentives

N/A

Right to Cancel/Rescind

You have 3 business days from the date of receiving this Agreement to exercise your right to rescind.

Contract Start Date

You will receive electricity from Champion beginning on the first available switch date as determined by your Utility's meter read cycle.

Contract Term/Length

24 months

Cancellation/Early Termination Fees

Cancelling after the rescission period will result in an Early Termination Fee of up to $10 per month remaining on your contract.

Renewal Terms

You may renew your Agreement with Champion by calling 888.653.0093. If you do not renew for a fixed price, then at the end of your Term this agreement will automatically renew at a variable price on a month-to-month basis.

Distribution Company Information

LDC: Public Service Electric and Gas (PSE&G)
LDC Website: www.pseg.com
LDC Emergency Contact Number: 1-800-436-7734
The LDC will continue to deliver the electricity and you will continue to pay the Utility for this service. You should contact your EDC for outages or other emergencies.



RESIDENTIAL TERMS OF SERVICE

New Jersey

Terms of Service

The Terms of Service (the "Agreement") with Champion Energy Services LLC ("Champion") is for the purchase of residential electricity service. Champion agrees to sell and Customer agrees to buy the quantity of electricity necessary delivered to you, as measured or estimated by your Local Distribution Company ("LDC"). Champion is a Third Party Supplier ("TPS") and as such will, in accordance with the terms of this Agreement, arrange for the delivery of electricity from your LDC to your residence. The words "we," "us," and "our" refer to Champion, and the words "you" and "your" refer to the Customer. Please retain this Agreement for your records.

Champion is certified by the New Jersey board of Public Utilities ("NJ BPU") as a TPS to offer and supply electric generation services in New Jersey. Champion's New Jersey Electric Supplier License is ESL-0082. Champion sets the Electric Generation Service Charge and the NJ BPU regulates electric distribution prices and services. The Federal Energy Regulatory Commission ("FERC") regulates electric transmission prices and services.

Definitions


Terms of Service: The essential terms of your electric generation service are as follows:

1.  Eligibility. The following Agreement applies strictly to residential non-demand metered electric service. Customer's eligibility for the Energy Price provided herein is based on Customer representing and warranting that Customer's residential load profile classification (Rate Class) qualifies for residential service as defined by the utility. Champion reserves the right upon receiving information evidencing a load profile that does not qualify for residential service to provide Customer with thirty (30) days advance written notice of any material changes Customer will incur under the applicable Agreement for your then current load profile. You will have the right to cancel this Agreement without penalty of fee prior to the date of Champion effectuating the change to the appropriate Agreement for your rate class. If you do not cancel your Agreement with Champion before the effective date of the change, the change will become effective on the date stated in your notice. You have the right to request from Champion, twice within a twelve-month period, up to twenty-four months of your payment history without charge.

Champion does not deny residential electric service or determine eligibility for pricing based on credit history, utility payment data or credit score. Champion does not deny service based on a customer or applicant's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer/applicant in an economically distressed geographic area, or qualification for low income or energy efficiency services.

2.  Term. You will buy your electric generation service from Champion beginning on a date set by your electric distribution company (LDC) and will continue for 24 months ("Initial Term"). You will receive electricity from Champion beginning on a date set by your next applicable meter read cycle as determined by your LDC for the Term of this Agreement unless sooner terminated or cancelled as otherwise provided in this Agreement.

3.  Expiration of Agreement; Change in Terms. If you have a fixed term agreement with Champion and it is approaching the end date Champion will send you written notice at least thirty (30) calendar days in advance of the Agreement expiration date. The notice will include any changes to the Agreement's terms and conditions, the specified rate for the extension or renewal term and instructions on how to accept such terms and conditions. If you do not affirmatively consent to a renewal prior to the expiration of the Term, this Agreement will automatically continue as a variable rate product under the Champion default plan, which is a month-to-month plan with no cancellation penalty or you may request, in writing, to be returned to the LDC for service. Your monthly variable price will be calculated by taking the Customer's monthly kWh usage multiplied by the Real Time Locational Marginal Price for the zone in which your account is located as published by PJM Interconnection, L.L.C. plus a retail service charge and any applicable taxes. While your electricity price under the variable price product will not change more than once a month, it may vary on a month-to-month basis as determined by an hourly market price set by the applicable ISO. The price of the variable product is subject to change without notice for any reason and has unlimited variability. Your actual price will be shown on each monthly statement and will be used to calculate your monthly bill amount based on your actual electricity usage. your actual electricity usage.

4.  Pricing, Billing and Payment Terms. You will pay a fixed rate of 13.900¢ per kWh for the length of your Term unless sooner terminated or canceled as otherwise provided in this Agreement. This fixed rate includes applicable New Jersey sales and use tax, Generation Charges and Transmission Charges. If a broker or consultant was involved in this transaction, the fee or commission associated with such broker or consultant may be included in the rate charged to you.


The LDC will send you an invoice for the amount due for electricity delivered to you during each month according to the LDC's billing cycle and meter read. Your invoice will also include all applicable Taxes, LDC and other charges allowed pursuant to this Agreement and the appropriate LDC tariff. You shall be billed and agree to pay for electricity in accordance with the LDC's tariff, which includes, without limitation, when payment is due, switching fees (if applicable) and late payment charges.

Your failure to pay LDC related charges may result in late payment charges or your service being disconnected in accordance with the electric utility tariff. Champion charges twenty-five dollars ($25.00) for any transaction not processed due to insufficient funds or credit availability, including checks or Automated Clearing House (ACH). You are responsible for any and all costs, attorney and legal fees incurred by Champion for the collection of any outstanding balance owed by you. To inquire about Champion's budget billing option for your Generation Charges, please contact Champion directly at the phone number stated herein.

5.  Access to Customer Information. Customer understands that by executing this Agreement, Champion will be provided certain basic information about Customer by the LDC, including, but not limited to, account number, data about meter readings, rate class and electric usage, Customer's address(es) and telephone number, and whether or not Customer is on a budget billing plan or payment arrangement or as otherwise approved by NJ BPU. Customer further understands that the LDC is required by NJ BPU to communicate with Customer following a notice of change of TPS to confirm the change was authorized. Champion will not disclose your social security number and/or account number(s) without your consent, except for Champion's own collections and credit reporting, if applicable.

6.  Dispute Resolution. In the event of a disagreement involving the terms of this Agreement, the parties will use their best efforts to resolve the dispute. You should contact Champion Energy Services, LLC in writing at 1500 Rankin Road, Suite 200, Houston, TX 77073 or by telephone at 1-888-653-0093, 24 hours a day, 7 days a week. If, after discussing your issue with Champion or the LDC you remain dissatisfied, you may contact the NJ BPU for assistance at 1-800-624-0241 (toll free) or at www.state.nj.us/bpu/.

7.  Customer's Right to Rescind or Cancel Services. You may rescind this Agreement without fee or penalty of any kind within seven (7) calendar days from the date of the confirmation notice to contact your LDC and rescind your selection. To exercise your Right of Rescission, please contact your LDC per the instructions included in the LDC confirmation letter. This Agreement shall not be binding until the seven (7) day confirmation period has expired, and you have not directly or indirectly, rescinded this Agreement. In addition to your Right of Rescission, you may terminate this Agreement without penalty if you (i) move outside of the area serviced by Champion; (ii) become disabled and is no longer able to pay for Champion's services; or (iii) die. If you switch back to your LDC, you may or may not be served under the same rates, terms, and conditions that apply to other customers served by the electric utility.

Champion will use good faith efforts to cancel your service with the LDC on the requested cancellation date; however, we cannot be responsible if the LDC is unable to accept your requested cancellation date. If you cancel the Agreement, Champion's obligations will conclude after the meter read date when we are no longer designated as your TPS or when your electric service is dropped to the LDC. You will be responsible for all charges incurred through the date the LDC can affect your cancellation.

If you take actions that cancel or terminate your electric service with Champion under this Agreement prior to the end of the Initial Term specified in your Agreement, you may be responsible to pay an Early Termination Fee (ETF) of $10 per month remaining on your Agreement.

8.  Champion's Right to Cancel Service. In addition to any other rights of termination or cancellation allowed under this Agreement or applicable law, Champion reserves the right to cancel or terminate this Agreement if you fail to meet or comply with any of the terms, conditions, obligations, representations or warranties agreed upon under the terms of this Agreement upon providing you with thirty (30) days notice. If you fail to pay Champion per the terms of this Agreement or fail to meet any agreed-upon payment arrangements, Champion may terminate your service upon providing you with thirty (30) days notice. Upon such cancellation or termination by Champion, you remain responsible and liable for payment of all electricity and related services provided by Champion through the date you are switched to the LDC or another TPS. Your cancellation will be effective the next regularly scheduled meter-reading date which follows the date on which Champion provides notice to the LDC of its cancellation request.

9.  Net Metering Program. To be considered eligible to participate in Champion's Net Metering Program (the "Program"), residential customers must generate a portion or all of their own residential retail electricity requirements using energy generation equipment located on their premises. Additionally, the residential customer must have a meter capable of measuring the flow of electricity in both directions and the meter must be tested and calibrated by the LDC to assure accuracy prior to commencing services under this Program. At the end of a customer-generator's annualized period, Champion shall compensate the customer-generator for any excess kilowatt hours generated, at Champion's or the basic generation service provider's avoided cost of wholesale power, as defined at N.J.A.C. 14:8-4.2. Please contact Champion at 888-653-0093 or the LDC at the number located in the contact information section for additional details about available net metering programs in your residential area.


10.  Default Liability. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY (WHICH WILL NOT EXCEED THE AMOUNT OF CUSTOMER'S SINGLE LARGEST MONTHLY INVOICE DURING THE PRECEDING TWELVE MONTHS). SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE HEREBY WAIVED. IN NO EVENT SHALL CUSTOMER OR CHAMPION BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, THIRD-PARTY CLAIMS OR OTHER DAMAGES WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, OR FOR LOST PROFITS ARISING FROM A BREACH OF THIS AGREEMENT.

11.  Governing Law. Venue for any lawsuit brought to enforce any term or condition of this agreement or to construe the terms hereof shall be exclusively in the State of New Jersey. This Agreement shall be construed under and shall be governed by the laws of the State of New Jersey.

12.  Assignment. You may not assign this Agreement in whole or part, or any of your rights or obligations hereunder, without prior written consent from Champion. Nothing in this Agreement will create, or be construed as creating any express or implied rights in any person or entity other than Champion and Customer. Customer hereby acknowledges and consents that Champion may (a) assign this Agreement to any affiliate or to any party succeeding to a substantial portion of the assets of Champion, or (b) assign, pledge or otherwise collaterally assign its rights under this Agreement to Champion's supplier of certain physical and/or financial commodities. Any successor or assignee of the rights of Champion (or Customer, if such is consented to in writing by Champion) shall be subject to all the provisions and conditions of this Agreement to the same extent as though such successor or assignee were the original Party under this Agreement. In the event any other provision of this Agreement will be deemed to prohibit or otherwise restrict Champion's right to assign, subrogate or pledge its rights hereunder, this provision will control.

13.  Severability. If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.

14.  No Warranties. Unless otherwise expressly set forth in this Agreement, Champion provides and Customer receives no warranties, express or implied, statutory, or otherwise and Champion specifically disclaims any warranty of merchantability or fitness for a particular purpose.

15.  Delay or Failure to Exercise Rights. No partial performance, delay or failure on the part of Champion in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.

16.  Force Majeure. The term "Force Majeure" shall mean any cause not reasonably within the control of the Party claiming suspension and which by the exercise of due diligence, such Party is unable to prevent or overcome, including but not limited to, any act or cause which is deemed a Force Majeure by the LDC or any transportation or transmitting entity. If either party is unable, wholly or in part, by Force Majeure to perform or comply with any obligations or conditions of this Agreement, such party shall give immediate written notice, to the maximum extent practicable, to the other party. Such obligations or conditions, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused, and such party shall be relieved of liability and shall suffer no prejudice for failure to perform the same during the period. The party claiming suspension of obligations must in good faith attempt to mitigate and/or terminate the Force Majeure.

17.  Taxes. Except as otherwise provided in this Agreement or by law, all taxes of whatsoever kind, nature and description, due and payable with respect to Customer's performance of its obligations under this Agreement, shall be paid by Customer. The parties' obligations under this Agreement are subject to present and future legislation, orders, rules, or regulations of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided herein.

18.  Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the terms and conditions of this transaction; any and all other agreements, understandings and representations by and between the parties with respect to the matters addressed herein are superseded by this Agreement.

19.  Acceptance and Amendments. This Agreement shall not become effective until accepted by Champion. Champion may amend the terms of this Agreement at any time, consistent with any applicable law, rule or regulation, by providing notice to Customer of such amendment at least thirty (30) days prior to the effective date thereof. Champion will supply Customer with a current version of this document annually and upon request.


20. CONTACT INFORMATION

Third Party Supplier
Champion Energy Services, LLC
1500 Rankin Road; Suite 200
Houston, TX 77073
Toll-Free Telephone: 1-888-653-0093, 24 hours a day, 7 days a week
www.championenergyservices.com
support@championenergyservices.com

Local Distribution Company (LDC)
For emergencies relating to your electric service, such as a power outage, please call your utility:

Atlantic City Electric: 1-800-642-3780
Jersey Central Power & Light: 1-800-662-3115
Orange Rockland Electric: 1-877-434-4100
PSE&G: 1-800-436-7734

New Jersey Board of Public Utilities (NJ BPU)

Address: 44 South Clinton Avenue, 9th Floor
Post Office Box 350
Trenton, New Jersey 08625-0350

Consumer Relations Toll-free: 800-624-0241
Website: www.bpu.state.nj.us