Terms and Conditions for Electric Service
1. The signed Application for Membership and Electric Service Agreement constitutes a contract between Enerstar Coopartive and the Applicant(s) for the provision of electric service, upon acceptance by Enerstar Coopartive, and you will then become a member/owner in Enerstar Coopartive . This contract shall remain in effect until terminated according to the terms hereof or the bylaws, policies and regulations of Enerstar Coopartive, which has the sole discretion to determine the reason to terminate this Agreement. Under this Agreement, you agree to comply with the Enerstar Coopartive bylaws, any amendments to them, and its policies, rates and regulations. Further information is available to you at www.enerstar.com or by calling Enerstar Coopartive at 800-635-4145.
2. Enerstar Coopartive may obtain a credit report to address creditworthiness. Applicants who are not a credit risk will not be charged a deposit for connection and electric service. Residential class applicants who pose some credit risk will be charged a deposit of $250.00, while those who pose substantial credit risk will be charged a deposit of $500.00 or two (2) times the usual monthly billing amount, whichever is greater. Residential class deposits will be kept for at least 24 months, subject to Enerstar Coopartive review. If such review indicates no credit risk after that time, the deposit will be refunded by a bill credit. Enerstar Coopartive also offers a PrePaid Advantage Program which is available to certain qualified applicants and is subject to alternate deposit requirements. Commercial class applicants may be charged a deposit equal to three (3) times the maximum monthly billing amount. Deposits must be paid in full before electric service will be connected.
3. Members shall purchase electric service for each location requested at Enerstar Coopartive ’s general service rate for the applicable class of service. Members shall inform Enerstar Coopartive of any special service requirements that may qualify for a service rate other than the general service rate. Members shall pay Enerstar Coopartive’s applicable monthly minimum charge regardless of the number of kilowatt-hours used.
4. Billing for a new or upgraded electric service will begin when Enerstar Coopartive has completed installation of the facilities at the requested location. Members shall reimburse Enerstar Coopartive for the total cost of installation of such facilities regardless of whether the applicant decides to accept electric service at the location.
5. Member’s electric facilities must comply with the National Electrical Code standards. Members are responsible for the inspection, maintenance and repair of any electric facilities up to the point of connection with Enerstar Coopartive facilities, as further described in the bylaws, policies and regulations of the cooperative. All electrical equipment used in connection with the electric service must be of a design, construction, installation and operation that will not interfere with electric service to other members. If the equipment at your location does not comply with those requirements, Enerstar Coopartive may discontinue the electric service until those conditions are corrected.
6. Enerstar Coopartive shall strive to provide continuous service, but it does not and cannot guarantee an uninterrupted supply of electric service. Enerstar Coopartive shall not be responsible for any loss or damage resulting from the interruption or disturbance of service for any cause other than its gross negligence. Enerstar Coopartive shall not be liable for any loss of profits or other consequential damages resulting from the use of service or any interruption thereof. Enerstar Coopartive has the right to suspend electric service for the purpose of making repairs, improvements, or extensions, as necessary or as required by applicable law or regulation. You shall indemnify, defend and hold Enerstar Coopartive and any of its directors, officers, agents and representatives harmless from and against all liability, loss, costs, causes of action, demands, attorney fees, expenses, claims, suits and judgments of whatsoever kind, unless solely caused by Enerstar Coopartive, with respect to the provision of electricity on your property pursuant to this Application and Agreement.
7. Members hereby grant an easement to Enerstar Coopartive to enter onto your property in order to construct, operate, inspect, repair, rebuild and maintain the electric distribution line(s), including all equipment and/or wiring, up to the meter or weatherhead, and lines on the premises serving other members. This grant shall include the right of ingress and egress, the right to maintain vegetation clearance in accordance with Enerstar Coopartive policies, regulations and standards, which includes keeping the easement area clear of buildings, structures, trees, shrubs and other vegetative undergrowth, whether by removal, cutting, trimming or spraying herbicide as Enerstar Coopartive shall determine in its sole discretion. The grant of easement shall also include the right to examine, maintain and replace Enerstar Coopartive meters. To the extent required by Enerstar Coopartive, members shall sign such documents as necessary for the confirmation or recording of such easement(s) with applicable governmental bodies.
8. Meter bases must be approved and sealed by Enerstar Coopartive. Such seals shall not be tampered with or broken without the consent of Enerstar Coopartive, except in emergency circumstances. Any disconnection devices shall be promptly placed below all meter bases that are not located on a building or that serve more than one service entrance.
9. In the event electric service is provided but not paid for, and Enerstar Coopartive commences collection proceedings, you agree to pay all amounts due, including, late fees, costs, expenses and attorney’s fees incurred by Enerstar Coopartive in order to recover all amounts owed. In the event of nonpayment for labor and materials, Enerstar Coopartive shall have the right to record liens for such amounts. Unpaid final bills for service at a particular Member’s location may be transferred to other active accounts in order to obtain payment, regardless of the applicable service class.
10. The type of membership you select (single, joint, or business) is important. If you are unsure which option to choose, please discuss your options with an Enerstar Coopartive representative.
11. Terms of this membership agreement are subject to change by action of the Board of Directors without resubmitting those terms to Members for assent and signature.