Michigan Natural Gas, LLC (MNG) Small Commercial (5000 thm per year or less) - Fixed Rate Plan Gas Customer Choice Contract (Terms & Conditions)
1. Purchase Agreement: Account holder or legally authorized person (Customer) agrees to purchase its natural gas for 12 billing cycles from Michigan Natural Gas, LLC (MNG), a Michigan alternative gas supplier licensed by the Michigan Public Service Commission (MPSC). Customer understands that the gas under this contract will be delivered to Customer through the SEMCO distribution system and that SEMCO will remain responsible for gas emergencies, meter reading, and billing (except the Rate under this contract). Customer authorizes MNG to obtain billing, payment and usage history from SEMCO. This contract will continue on a month-to-month basis, cancellable at any time without penalty after initial term expiration. Both Customer and MNG agree to abide by the rules and regulations of the Michigan Gas Customer Choice Program established by the MPSC. 2. Customer’s Right to Cancel: If Customer terminates the contract after 30 days from the date of this contract and returns to SEMCO, Customer understands that Customer will be required to remain with SEMCO for the next 12 months (a $10 fee may apply if Customer has switched suppliers during the previous 12 months). Customers have the right to cancel within 30 days of the date of this contract with no penalty from MNG. Following the 30 day period, early termination fees of $150 will apply. 3. Billing and Payment: Customer will continue to receive a monthly bill from SEMCO. In addition to the cost of the gas provided under the terms of this contract, the bill will include but not be limited to SEMCO’s delivery and customer charges, taxes and fees (which will be charged by SEMCO regardless of whether or not Customer is enrolled in the Michigan Gas Customer Choice program). Customer agrees to remit payment in full to SEMCO per the Michigan Gas Customer Choice Program Rules and service rate. 4. Fixed Rate: The fixed rate will be $0.299 per thm 5. Changes in Consumption: Customer agrees to notify MNG of any material changes in anticipated consumption of natural gas under this contract. 6. Term: The term of this contract shall commence with the next billing cycle by SEMCO and shall continue for 12 billing cycles. After the initial term, unless terminated by either party, and with at least thirty (30) days notice to Customer by MNG, the contract shall continue on a month-to-month basis and the Customer shall be automatically converted to MNG’s Variable Price. This price will vary month-to-month and will be calculated as a weighted average cost of gas (WACOG) consisting of a supply portfolio of purchases plus all administration fees. For example, package 1: 500 thm @ 0.50 ($250); package 2: 600 thm @ 0.512 ($307.2), would produce a WACOG of 0.5065 (($250+307.2)/1100). Customer understands that there may be delays in the start of the term and agrees not to hold MNG responsible for any such delays. 7. Regulatory: Customer understands that the MPSC may change the rules and regulations of the Michigan Gas Customer Choice Program and in that event, MNG reserves the right to modify this contract with 10 days notice and acceptance by Customer. 8. Limitation of Liability: MNG will not be responsible for any type of exemplary, consequential, indirect, punitive or incidental damages whatsoever arising out of or relating to this contract and the remedy in any suit or claim brought against MNG shall be limited to direct actual damages. MNG makes no warranties or representations other than those expressly made in this contact. 9. Force Majeure: MNG will not be responsible for delivering gas to customers in the event of circumstance beyond its control, which include acts of God, acts of terrorism, orders, rules and regulations, or the action of any court or governmental authority. In the case of such an event, MNG may at its sole option reject this contract in whole and re-determine the Rate and continue to provide service to and upon acceptance by the Customer. 10. Entire Contract: This contract constitutes the entire contract between Customer and Michigan Natural Gas, LLC and supersedes all prior written and verbal contracts and representations made with respect to the terms and conditions contained herein. 11. Customer Service: MNG can be reached at 888-988-6424 during normal business hours or may be reached at firstname.lastname@example.org. Any written notices may be sent to Customer Service, Michigan Natural Gas, LLC, 2723 South State St Suite 150 PMB 218 Ann Arbor, Michigan 48104.