1. Tanner Electric Cooperative, Inc. ("TEC") is an electric cooperative incorporated and operating under the Washington Mutual Corporation Act. TEC is owned and controlled by its members and operates on a nonprofit basis on the cooperative plan to provide electric service ("Service") to its members. This Agreement is a contract for Service, as defined in the Governing Documents, to be provided by TEC to the undersigned Applicant/Member ("Member") at all of Member's service location(s) ("Premises") within TEC's service territory.
2. Notwithstanding anything in this Agreement, any person (as defined in the Bylaws) that signs this Agreement, or that receives Service without signing this Agreement automatically consents to being a Member and agrees to be bound by the "Governing Documents," including TEC's: (a) articles of incorporation; (b) bylaws; (c) service rules and regulations; (d) rate or price schedules; and (e) rules, regulations, and actions adopted, taken, or approved by TEC's board of directors, and (f) amendments to the Governing Documents adopted from time to time. Member specifically agrees that TEC shall control the type of equipment and/or technology used to deliver or measure electric service as a matter of their business discretion. This Agreement shall continue in force indefinitely unless terminated as provided in the Governing Documents.
3. Except as required by law, or as specified in TEC's Bylaws or Service rules and policies, or as otherwise specified by the Board, as soon as Service becomes available to Member's Premises, Member shall purchase all electricity for use on the Premises from TEC. Member shall pay for Service at rates fixed by the Board, including any assessments, fees, delinquency charges, finance charges, interest, and other amounts charged or assessed by TEC.
4. Member agrees to pay any damages, costs, and expenses, including attorney fees and legal expenses, caused by or associated with Member's failure to: (a) pay any amount charged or assessed by TEC for electric Service; (b) comply with the Governing Documents; or (c) provide TEC with truthful, accurate, and complete information.
5. Member further agrees as follows:
a. In exchange for TEC's Service to Member and without other financial compensation by TEC, to execute any document(s) reasonably necessary to grant or transfer an easement, license, or other right requested by TEC for the construction, operation, maintenance or relocation of TEC's electric facilities to: (a) provide Service to Member's Premises, or (b) as deemed necessary by TEC to safely, efficiently and cost-effectively provide Service to other property or persons served by TEC, or (c) to satisfy or facilitate an obligation of TEC to other persons, e.g. an agreement with other utilities for joint use of facilities.
b. Subject to applicable law and TEC's Privacy Policy, TEC is authorized to request information from a consumer reporting agency or financial institution, regarding Member's creditworthiness or credit capacity. Member agrees to make a financial deposit as required by TEC's credit policy, which shall be non-interest bearing, and that any portion of said deposit not applied to the payment of TEC bills shall be refundable as provided in TEC's credit policy.
c. TEC shall have the right of access to Member's Premises at all reasonable times for the purpose of reading meters, right-of-way maintenance, testing, inspecting, repairing, removing, maintaining, or exchanging any or all TEC equipment and facilities located on Member's Premises.
d. TEC will use reasonable care in providing Service; however, TEC makes no warranties whatsoever with regard to the provision of continuous and uninterrupted Service and disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
e. If TEC reasonably determines that its meter or other equipment has been tampered with or bypassed, TEC may disconnect service, estimate electric energy consumed as a result and Member agrees to pay for the estimated unmetered energy consumed and the cost of investigating, repairing, replacing or relocating any TEC equipment.
f. If Member owns or has reasonable access to the hardware, software, and services required to conduct transactions electronically, then, as requested by TEC, Member consents to conducting transactions with TEC electronically and using or accepting electronic records or signatures.
g. Member grants TEC a security interest in Member's capital credit account the purpose of securing past, present and future payments for electric Services under this Agreement. Member further agrees that TEC may recoup, offset, or set-off any amount owed to TEC, including any interest and late payment fee, by reducing the amount of any capital credits, patronage dividends, or similar amounts retired and paid to Member.
h. Member agrees to comply with all governmental rules and regulations and all electric industry standards and requirements applicable to Service to Member, including, the National Electric Safety Code, applicable state or local statutes, codes or ordinances and all similar regulations or requirements necessary to for TEC to safely, efficiently, and reliably provide Service to Member and/or to other persons. Member specifically agrees that the ownership, operation, maintenance, repair, use, and removal of any electric generating equipment by Member that is connected to any transformer, line, or other TEC equipment or property, shall be subject to applicable safety rules, including TEC's standard Interconnection Agreement.
i. This Agreement shall be governed by and interpreted under the laws of the State of Washington. In the event a suit is commenced to enforce this Agreement, venue may be laid, at the option of Tanner Electric TEC in King County, Washington.
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