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Contract Terms and Conditions
Natural Power Group, Inc., 16 Orbit Lane, Hopewell Jct., NY 12533
Between Natural Power Group, Inc., (“NPG”, “us” or “we”) owner of the Wallkill Hydroelectric Facility (the hydro), Wappingers Falls Hydroelectric, and Salisbury Hydro Associates, office at 16 Orbit Lane, Hopewell Jct., NY 12533 (, 845-897-4194) and submitted customer (You).
Term: Five year
Amount due at signing:$0
Output allocation percentage will be matched to be approximately yearly usage stated on Central Hudson's account usage:
Representations and Warrantees:
Customer agrees to purchase a percentage of the output of the hydro, which on average will match their overall yearly approximate usage, each month effective the month following the signing of this Agreement and Central Hudson’s confirmation. The percentage in kWh will be reflected on customer’s Central Hudson bill as a credit in accordance with the NY Public Service Commission Case 15-E-0751 and 15-E-0082 upon acceptance by Central Hudson and the hydro’s production. The customer will be billed in the month subsequent by the hydro for the output allocated each month. This is at a 10% discount from the amount credited on the customer’s Central Hudson bill. The credit value and monthly payments will vary dependent on the hydro’s production and the customer’s electricity rate.
NPG covenants and agrees that the hydroelectric plant will remain operational and produce as much electricity output as is ecologically sound, subject to permitting, licensing and all environmental conditions. Further, NPG acknowledges that it is not the customer’s responsibility to operate or maintain the hydro, nor does the customer have any ownership interest in the hydro. Periodic maintenance may be performed as deemed necessary to keep the hydro operational. NPG will advocate for the maximum allowed amount of credit for customers with Central Hudson.
As a customer, it is your responsibility to keep us up to date on your contact information. If you move, change your email or phone number, please notify us as soon as possible by email to . If you move and continue to be a customer of Central Hudson in your new location, this Agreement will remain in effect, subject to the billing procedures of Central Hudson. If you move outside of the Central Hudson territory, this Agreement will be cancelled. We request that you contact us with any concerns or issues so that we can assist you promptly.
This agreement is subject to the hydro’s standard terms and conditions provided below. By submitting your information on this website to us, you confirm that you have read and accept the terms and conditions and are authorized to enter into a contract on behalf of the customer.
By submitting your information through our website, and agreeing to have read this Agreement, you represent that you are (i) an individual at least eighteen (18) years of age, and (ii) are a customer of Central Hudson. You understand that the percentage allocation of generation output from the hydro applied to your Central Hudson bill is determined by NPG after a review of the past two years of your electricity usage to identify a credit allocation that comes close to your average electricity consumption. NPG reserves the right to adjust the credit allocation as necessary to best match your electricity usage and will notify you in advance before making any adjustment. If the percentage allocation is not sufficient to match your full electricity usage, we will contact you and offer an increase. If the initial percentage allocation exceeds your consumption and you have accumulated an excess of credits NPG will notify you and give you the option to temporarily halt your enrollment (lay off) and not apply any credits for a mutually agreeable period. Once you have caught up with the excess credits, we will reinstate your credits as before or at a lower percentage if appropriate. NPG welcomes your feedback and will work with you to apply an allocation that you are comfortable with.
You acknowledge that you do not have any rights or obligations with respect to the hydro operation or maintenance. You have no ownership or other interest in the hydro or the generation of the hydro other than your allocated portion, and no right with respect to any attribute or commodity associated with the hydro, including any environmental attributes, renewable energy attributes or credits, carbon offset credits, rebates, capacity payments or other benefits related to the hydro and/or the electricity generated by the hydro, or such electric generation, nor shall you have any right to access the hydro.
You acknowledge that you are solely responsible for maintaining your Central Hudson account and you understand that the credits you are allocated under this Agreement may only cover a portion of the usage appearing on your Central Hudson bill, and any charges not covered by the hydro credit allocation are your responsibility. If you move to a new residence and as a result cease to be a customer of Central Hudson this Agreement will be cancelled and you will no longer have credits allocated to your future account outside of the Central Hudson service territory. If you move you acknowledge that it is your responsibility to notify NPG by telephone or email, as per below.
Term and Cancellation: The term for this agreement will be five years starting on the date of the first Central Hudson bill after the date of this agreement, subject to Central Hudson’s billing procedures. You may cancel this agreement after the first year by sending us 30-days’ written notice of desire to cancel. The cancellation effective date is subject to the billing procedures and processing of Central Hudson. We may cancel this agreement with 30-days’ notice if the law changes, if payment is not received within 30 billing days, and/or the hydro ceases operations.
Billing: Following the first Central Hudson bill with hydro credits allocated to your account, you are responsible for paying the amount shown on monthly invoices sent by us to you. The NPG billing statement sent to you will clearly state the amount of credit received from Central Hudson in the referenced billing period. You shall make the payments set forth on each monthly invoice on or before the due date set forth on such invoice. Payments due from you under this Agreement shall be made by check or money order to:
Natural Power Group, Inc. 16 Orbit Lane
Hopewell Junction, NY 12533
Alternatively, you may authorize us to deduct automatic monthly payments from your checking or savings account once automatic payment deductions for this program becomes available. To request instructions for signing up for automatic payment deductions contact us by email or phone, as per the Notice section below.
You agree to pay interest on payments more than thirty(30) days past due of 1% per month, but not more than the maximum interest rate permitted by law, together with any reasonable collection costs, attorneys’ fees, court costs, and post-judgment collection fees. If payment is not received within thirty (30) billing days, we may opt to cancel this agreement after contacting you by phone or email to attempt to resolve the late payment. You also agree to pay a return check fee or payment denial fee of twenty-five dollars ($25) but not more than the maximum amount permitted by law, each time your bank refuses or returns your check or electronic debit payment (as applicable).
Assignment: You may not assign your rights or obligations under this Agreement without NPG’s express written consent. NPG may freely assign its rights and obligations in and to this Agreement.
Disputes: In the event of a dispute or disagreement involving this Agreement, you agree to contact NPG at the information provided below in the Notices section. NPG will attempt to resolve the dispute informally in an efficient, fair and timely manner. If any dispute cannot be amicably resolved within twenty (20) business days of our receipt of notice of your dispute, you have the option to file a complaint with the New York State Public Service Commission in accordance with Part 12, Section 12.1 of the PSC Regulations, Home Energy Fair Practices Act; otherwise you agree that any dispute that cannot otherwise be amicably resolved you agree first to try in good faith to settle the dispute by mediation within 30 days administered under the American Arbitration Association rules before resorting to arbitration, litigation, or some other dispute resolution procedure. The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Entire Agreement: This Agreement contains the entire agreement between you and us regarding the allocation of credits to your Central Hudson bill from the generation output of the hydro. There are no other agreements between the parties regarding the hydro, either written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties. Any delay or failure of a party to enforce the obligations of the other party under this Agreement shall not constitute a waiver of such obligations or a Party’s right to enforce the same and shall not affect the validity of the Agreement. If any portion of this Agreement cannot be enforced, the unaffected portions will remain in effect.
Notices: All notices, requests, statements and other communications under this Agreement must be made in writing and will be considered to be properly given and received if by hand delivery, sent by US mail, by overnight Federal Express or other reputable overnight express mail service or if by email to the intended recipient at its email address set forth in this Agreement.
Contact Information for NPG: Natural Power Group, Inc.
16 Orbit Lane
Hopewell Junction, NY 12533
Email: Phone: 845-897-4194
Warranty Disclaimer: NPG MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. NPG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
Force Majeure: NPG will make commercially reasonable efforts to provide service but does not guarantee a continuous electricity supply. Events outside of NPG’s control (“Force Majeure Events”) may result in interruptions in service. These events include by way of example only: acts of God or accidents, strikes or labor disputes, required maintenance, inability to access Central Hudson or Central Hudson non- performance including an outage, or any other cause beyond NPG’s control. NPG shall not be liable to you for any interruptions caused by Force Majeure Events.
Limitation of Liability: You agree that NPG shall be liable to you only to the extent of actual, direct damages incurred by you and limited to the amount of the electric bill credit in question. In no event shall NPG be liable for consequential, incidental, special or punitive damages, even if NPG has been advised of or should have knowledge of the possibility of such damages. To the extent permitted by law, this limitation shall apply to all actions including actions of contract or negligence.
Taxes, Insurance and risk of loss: The monthly payments to NPG do not include applicable taxes. If applicable, you agree to pay, in addition to the specified payment each month, any applicable federal, state or local sales and use taxes, and any other governmental charges on or related to this Agreement, as invoiced by us or imposed directly by your local jurisdiction, unless prohibited by law. We will insure the hydro and bear the risk of loss, damage, theft, destruction or similar occurrence of all or any part of the hydro during the Term.
Governing law: This Agreement is governed by the internal laws of the State of New York without regard to principles of conflicts of law, together with any applicable federal law. This Agreement is also subject to future legislation, orders, rules, regulations or Utility tariff or policy changes by the NY Public Service Commission or NY Legislature. Specifically, this includes New York’s Clean Energy Standard.
Indemnification: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR SUCCESSORS AND ASSIGNEES, AND OUR AND THEIR EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, ACTIONS, COSTS, JUDGMENTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), PENALTIES, DEMANDS AND LIENS ASSERTED BY OR RESULTING FROM CLAIMS, ACTIONS, SUITS OR DEMANDS BY ANY THIRD PARTY, OF ANY KIND OR NATURE ARISING OUT OF, CONNECTED WITH, RELATING TO OR RESULTING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THIES AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE MAXIMUM LIABILITY AT ALL TIMES FOR EITHER PARTIES WILL BE LIMITED TO THE AMOUNT OF CREDIT ISSUED BY CENTRAL HUDSON FOR THIS LOCATION AND CDG AGREEMENT