Sample Terms of Service

  1. Nature of Service: Seller, Tiger, Inc., agrees to sell and Buyer, agrees to purchase and receive natural gas to serve 100% of the gas requirements for location indicated in the form of guaranteed supply on a Firm basis.
  2. Term: Term of this Agreement shall commence and become effective the date of this contract or date of first gas deliveries available thereafter for 12 months, with yearly renewals thereafter unless canceled by either party upon notification to cancel. This contract can be cancelled at any time with no penalties.
  3. Quantity: Seller shall deliver or cause to be delivered to Buyer all natural gas requirements each month during the term including applicable LDC shrinkage.
  4. Price: The sale price shall be Variable Rate price agreed upon per web submission. Shortage/Surplus gas will be bought/sold and priced at Gas Daily PG&E Citygate_ absolute high/low during the delivery month, unless otherwise agreed to by both parties. Oral transactions shall be considered legally binding. A written Transaction Confirmation shall be executed by both parties after the oral transaction to confirm the parties agreed upon terms. There will be a $.05 per day customer fee passed to Buyer for having Tiger’s charges attached to PG&E’s bill.
  5. Delivery Point: The point of delivery shall be PG&E Citygate. Tiger shall be responsible to purchase and pay for the firm transportation and all other cost associated with the transportation rates for delivery to the Citygate. Title to all gas shall pass from Seller to Buyer at this delivery point.
  6. Quantity and Measurement: All gas shall be measured in accordance with currently acceptable industry standards and shall meet the quality and BTU specification of the transporting pipelines.
  7. Warranty of Title: Seller warrants its title and right to sell all natural gas delivered here under and warrants that such gas shall be free and clear from liens and adverse claims and is in conformity with all valid laws, order, rules and regulations of duly constituted authorities having jurisdiction.
  8. Billing and Payment: Seller uses PG&E Consolidated Billing to bill and collect from Buyer. Seller’s charges and applicable taxes will be included as separately identifiable charges on the Buyer’s PG&E bill.  Buyer shall render payment for combined PG&E and Seller charges to PG&E.  Bills for service are due and payable upon presentation and will be considered past due if payment is not received by PG&E within 15 days after the bill is transmitted.  If payment is not made by the Buyer within 15 days, Seller reserves the right to separately bill interest on the unpaid balance at the rate of 1.5% per month (18% annualized rate) from the past due date until the past due balance is received.  If Buyer fails to pay thirty (30) days after payment is due, Seller, in addition to any other remedy it may have hereunder, may suspend further delivery of gas until such amount is paid in full. Early termination damages may apply.
  9. Force Majeure: Neither party hereto shall be liable for any failure or performance due to causes beyond its reasonable control, the occurrence of which could not have been prevented by the exercise of due diligence, such as acts of God, acts of the other party, acts of civil or military authority, fires, strikes, floods, epidemics, war or riot.
  10. Assignment: This contract may not be assigned without the written consent of both parties. Such consent shall not be unreasonably withheld or delayed.
  11. Governing Laws: This contract shall be governed by the laws of the State of Oklahoma.
  12. Taxes: The price shall include taxes imposed prior to the delivery point. All other taxes, tariffs, laws, orders, rules, and fees shall be passed through to Buyer.  Seller may supply an appropriate city, state or federal certificate of tax-exemption.
  13. Liability: Seller, TIGER, shall be liable for furnishing all gas requirements for Buyer on a firm basis (as outlined above), along with providing nomination data.  During periods of gas system constraints, Buyer may be required to purchase/sell additional gas over their MDQ or baseload amount at then current market price and pass through to Buyer.
  14. Credit: Credit information must be submitted by Buyer to Seller upon request by Seller. Seller, in its sole judgment, shall make a determination if Buyer meets credit acceptability. If Seller has reasonable grounds for insecurity regarding creditworthiness, Seller may demand adequate assurance for gas deliveries in the form and amount reasonably acceptable by Seller.
  15. Event of Default: Event of default shall mean (a) the failure of either Buyer or its guarantor to make any payment required by the due date and the failure is not remedied within ten (10) days of receipt of written demand for cure; or (b) the failure of Buyer to provide satisfactory credit assurance within ten (10) days of said demand. Upon the occurrence of an Event of Default, the non-defaulting party may; (a) suspend future natural gas deliveries; (b) terminate and liquidate any agreements between Buyer and Seller; (c) determine a settlement amount by calculating gains, loses, and costs (including reasonable attorney’s fees) incurred as the result of the liquidation and collections of monies owed to the other party. The settlement amount due the non-defaulting party will be due within five (5) days of the receipt of written notice.
  16. Regulatory Compliance: This agreement is subject to all tariffs, orders, rules, taxes and regulations issued, approved by or on file with duly constituted governmental authorities having jurisdiction (“Laws”). Any changes in Laws that affect the cost may be passed through to Buyer.