Delaware Code Title 6 Sec. 3402 – Mandatory provisions for energy service agreements
(a) An energy service agreement must contain the following provisions:
(1) All charges associated with the commencement of the services provided by the energy service company, listed with specificity;
(2) All charges associated with the termination of the services provided by the energy service company, listed with specificity;
(3) That the energy service company will, after the energy service agreement has been in effect for at least 1 year and at the written request of the homeowner, sell the residential heating system equipment installed on the premises and owned by the energy service company to another energy service company designated in writing by the homeowner. The purchase price of the residential heating system equipment sold pursuant to the preceding sentence shall be no more than the actual cost of equipment at the time of sale, plus installation costs incurred at the time of installation; and
(4) Notice that sale of the residence, whether voluntary or involuntary, shall be deemed a termination of the energy service agreement by the homeowner, and notice of the homeowner’s notice obligations under § 3403(a) of this title.
Terms Used In Delaware Code Title 6 Sec. 3402
- Energy service agreement: means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner's home and/or service the residential heating system. See Delaware Code Title 6 Sec. 3401
- Energy service company: means any person engaged in the sale of residential heating fuel and/or the service of residential heating systems. See Delaware Code Title 6 Sec. 3401
- Residential heating system: means all equipment necessary for the storage and transmission of residential heating fuel and the conversion thereof to energy for the purpose of heating a residence and/or heating hot water to be used in the residence. See Delaware Code Title 6 Sec. 3401
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) An energy service company may not demand from the homeowner payment of any charges not specified in the energy agreement pursuant to the above provisions.
(c) Except as provided in this section, an energy service agreement may contain any provisions mutually agreeable to an energy service company and a homeowner. Nothing in this section shall require an energy service company to enter into an energy service agreement with any homeowner.