Flanders Energy

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Consumer Bill of Rights

New York State Public Service Commission

Your Rights as an Energy Services Company Consumer

ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

  • A clear description of the services offered by the ESCO.
  • Receive energy delivery and 24 hour emergency services from your utility company.
  • Clear procedures for switching energy suppliers, including information about the enrollment process.
  • Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: o price and all variable charges or fees; o length of the agreement; o terms for renewal of the agreement; o cancellation process and any early termination fees, which are limited by law; and o conditions, if any, under which the ESCO guarantees cost savings.
  • Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer. • A description of how pre-payment agreements work, if offered.
  • Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
  • A fair and timely complaint resolution process.
  • Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to www.dps.ny.gov/resright.html. ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov. You can find more information about your energy alternatives by visiting: www.AskPSC.com

Terms and Conditions

Flanders Energy, LLC
Residential & Small Business Sales Agreement
Terms of Service and Customer Disclosure Statement

The following is your (the ‘Customer’) Terms of Service Agreement (“Agreement”) with Flanders Energy, LLC (“Flanders”) for the purchase of electricity service for the Account(s) listed on the Customer Details page. Please retain this Agreement for your records.

Agreement to Purchase Energy. Flanders agrees to sell and Customer agrees to buy the quantity of electricity supply necessary to meet the Customer's consumption. The amount of electricity supplied is based upon consumption data obtained by Flanders from the Local Delivery Company (“LDC”). The Customer further represents that it has the full authority to enter the Accounts listed in this Agreement into an energy supply procurement contract. Electronic acceptance of this Agreement is an agreement to initiate service and begin enrollment.

  1. Term. Unless specified otherwise, the term shall commence as of the date the change of provider to Flanders is deemed effective by the LDC and shall commence for a one (1) month term ("Initial Term"). This Agreement shall automatically renew for successive one (1) month periods ("Renewal Term") unless either party notifies the other party in writing of its desire not to renew. If such notification is provided, then the LDC will be instructed to return the Account(s) back to the LDC for full default supply service, which generally occurs within two billing cycles from the date that the LDC is advised of the termination. Additionally, the Customer has the right to cancel this agreement within three business days after its receipt (“Cancellation Period”) by either calling Flanders at 1-866-865-9545, or providing written email notification to Flanders at customersupport@Flanderenergy.com
  2. Rate. Electric Rate will be variable, and will reflect the cost of electric supply obtained from all sources (including energy, capacity, settlement, ancillaries) for each billing cycle (“Variable Rate”). All related transmission and market related charges, as well as applicable taxes, fees and Flanders Energy, LLC’s expenses and margins will be included in the Rate. The Electric Rate will be subject to a Savings Guarantee, such that the total electric supply costs incurred by the Customer will be on average at least 3% lower than what the same costs would have been had the identical quantity of electric supply been purchased from the LDC (“Savings Guarantee”).
  3. Consumer Protections. The services provided by Flanders are protected by the terms and conditions of this Agreement and the Home Energy Fair Practices Act (“HEFPA”.) Flanders will provide at least fifteen (15) calendar days’ notice prior to any cancellation of service to Customer. In the event of non-payment of any charges owed to Flanders, 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 the DPS at 1-800-342-3377, 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. The DPS will monitor complaints against all energy companies, and an excessive number of complaints may result in an energy company no longer being eligible to supply electricity in New York State.
  4. Emergency Service.In the event of an electric emergency or service interruption, you should immediately call your local utility and emergency personnel. You may call Con Edison directly at 1-800-752-6633 in the event of an emergency.
  5. Information Release Authorization. Customer authorizes Flanders 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; credit information; public assistance status; and existence of medical emergencies, status as to whether Customer is 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 Flanders to determine whether it will commence and/or continue to provide energy supply service to Customer and to facilitate regular invoicing and collection of monies owed. Customer's execution of this Agreement shall constitute authorization for the release of this information to Flanders. This authorization will remain in effect during the Initial Term and any Renewal Term of the Sales Agreement. Customer may rescind this authorization at any time by providing written notice thereof to Flanders or calling Flanders at 1-866-865-9545.
  6. Dispute Resolution. The services provided by Flanders 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 (ESCO)’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Flanders in writing at customersupport@Flanderenergy.com, or by telephone at 1-877-363-9867. 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.
  7. Switching Procedures. Customer or Flanders may cancel this Agreement at any time by following the procedures set forth in the Term section of this Agreement. In the event of a cancellation by either party, the Customer is still responsible for all Flanders supply charges until the 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. Pursuant to HEFPA, Customer’s distribution service may be suspended if Customer fails to pay Flanders’s outstanding balance.
  8. Measurement. The parties accept for purposes of accounting for electricity supplied under this Agreement, the quantity, quality, and measurement determined by the LDC.
  9. Agency. Customer appoints Flanders as its agent to acquire the supplies necessary to meet its electricity needs, contract for and administer transportation, transmission and related services over interstate facilities and those of the LDC needed to deliver electricity to the Customer's premises. These services are provided on an arms-length basis and market-based compensation is included in the price noted above.
  10. Billing and Payment. Unless otherwise agreed to in writing, Flanders’s supply charges will appear on the LDC’s bill, and the Customer will pay the full LDC bill in accordance with the payment procedures in force with the LDC. If it is agreed to that Flanders will provide its own invoices for its supply charges, then the Customer will pay each invoice in full within twenty (20) days of the invoice date or be subject to a late payment charge of 1.5% per month. A $30.00 fee will be applied for returned checks.
  11. Default Liability. FOR BREACH OF ANY PROVISION OF THIS AGREEMENT FOR WHICH AN EXPRESS REMEDY IS PROVIDED, SUCH EXPRESS REMEDY SHALL BE THE SOLE AND EXCLUSIVE REMEDY. THE BREACHING PARTY’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER DAMAGES AT LAW OR IN EQUITY SHALL NOT APPLY. IF NO EXPRESS REMEDY IS PROVIDED, FLANDERS’S LIABILITY 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 FLANDERS 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.
  12. 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 York. This Agreement shall be construed under and shall be governed by the laws of the State of New York.
  13. Assignment. Customer may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Flanders. Flanders may, without Customer’s consent: (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (b) transfer or assign this Agreement to an ESCO affiliate of Flanders; (c) transfer or assign this Agreement to any ESCO succeeding to all or substantially all of the assets of Flanders; and/or (d) transfer or assign this Agreement to another approved ESCO or other entity authorized by the DPS. Upon any such assignment, Customer agrees that Flanders shall have no further obligations hereunder.
  14. 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.
  15. No Warranties. Unless otherwise expressly set forth in this Agreement, Flanders provides and Customer receives no warranties, express or implied, statutory, or otherwise and Flanders specifically disclaims any warranty of merchantability or fitness for a particular purpose.
  16. Delay or Failure to Exercise Rights. No partial performance, delay or failure on the part of Flanders 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.
  17. 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.

  1. Taxes and Laws. Except as otherwise provided in this Agreement or by law, all taxes of whatsoever kind, 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.
  2. 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.
  3. Acceptance: This Agreement shall not become effective until accepted by Flanders. Flanders reserves the right to reject Customer or to cancel this Agreement for any reason whatsoever.


New York State Public Service Commission

Your Rights as an Energy Services Company Consumer
ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

  • A clear description of the services offered by the ESCO.
  • Receive energy delivery and 24 hour emergency services from your utility company.
  • Clear procedures for switching energy suppliers, including information about the enrollment process.
  • Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including:

o price and all variable charges or fees;

o length of the agreement;

o terms for renewal of the agreement;

o cancellation process and any early termination fees, which are limited by law; and

o conditions, if any, under which the ESCO guarantees cost savings.

  • Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer.
  • A description of how pre-payment agreements work, if offered.
  • Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
  • A fair and timely complaint resolution process.
  • Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to www.dps.ny.gov/resright.html.

ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov.

You can find more information about your energy alternatives by visiting: www.AskPSC.com


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