This document sets forth the terms and conditions of your
agreement with Peoples Gas,
and you for the Pipeline Protection Program (PEPP).
If you suspect a gas leak, leave the house immediately and call
the Peoples Gas Emergency
number from outside your home to obtain service under the PEPP
program: 866-556-6002.
PEPP is only available to: (a) residential utility customers of
Peoples Gas; (b) with gas bill
accounts that are current; (c) who own the dwelling unit; (d) who have
1¼ inch diameter or smaller piping; (e) whose dwelling unit is
separately metered from any other dwelling units; and (f) whose
dwelling unit is located in a structure with three or fewer dwelling units.
Each program contract applies to one dwelling unit. You may not transfer
this contract or your rights or obligations under this contract.
Under PEPP, a Peoples Gas
service technician, or other authorized contractor, will inspect and repair
the source of the leak(s) on exposed pipes and appliance connectors inside
your home at no charge up to $300 per leak incident during the contract
term, subject to the terms, conditions, limitations and exclusions in this
contract.
You will be charged $2.95 per month for this service. Your charges
for this service will appear on your Peoples Gas
bill and will be due when your utility payment is due. Your first payment
will constitute acceptance of these terms and conditions.
To be covered by this agreement gas piping must be ½- to 1¼-inch
diameter pipe of a type certified by the American Gas Association, National Fuel
Gas Code or the National Fire Protection Association. It must be installed to
meet local, state and federal codes and must satisfy both the appliance
manufacturer's requirements and Peoples Gas
requirements for safe and proper installation. In addition, the piping must
be in proper operating condition without need of repair at the time you enroll
in PEPP. Examples of gas piping code violations, which are not eligible for
service, include cast iron pipe, plastic pipe or the lack of a gas shutoff
valve located within six feet from a gas appliance. Some code violations can
be corrected at an additional cost.
Before accepting any piping for coverage under the Program,
Peoples Gas reserves the right to
make an on-site inspection of the piping and to restrict coverage for certain
types of gas piping systems due to non-availability of gas fittings.
IN THE EVENT YOU NOTIFY PEOPLES GAS
OF ANY MATERIAL DEFECTS IN GAS FITTINGS OR SERVICE PROVIDED HEREUNDER WITHIN
30 DAYS OF THE DATE THE SERVICES ARE PERFORMED, AS YOUR SOLE AND EXCLUSIVE
REMEDY, WE WILL REPAIR OR REPLACE THE DEFECTIVE GAS FITTINGS OR RE-PERFORM
THE SERVICE AT NO COST TO YOU. PEOPLES GAS
MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND HEREBY DISCLAIMS
ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. PEOPLES GAS:
TOTAL LIABILITY TO YOU UNDER THIS CONTRACT SHALL IN NO CASE EXCEED $300.00
PER LEAK INCIDENT. IN NO EVENT SHALL PEOPLES GAS
BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
REGARDLESS OF THE THEORY OF RECOVERY, BE IT IN TORT, CONTRACT, STRICT LIABILITY
OR INDEMNITY.
Service response timing shall be determined by scheduling priorities that
consider public safety, health, welfare, existing work loads, nature of service
and prevailing weather conditions. In no event will
Peoples Gas be liable for delays in
performing the services caused by labor difficulties, acts of war, acts of God,
terrorism or other events beyond the reasonable control of
Peoples Gas.
Peoples Gas employees will generally
perform services. However, Peoples Gas
may, in their sole discretion, use qualified contractors to fulfill all or
any part of Peoples Gas' obligations
under this agreement. Repairs will be performed during regular business hours,
7:30 a.m. to 4:30 p.m. Monday through Friday. If repairs cannot be completed
within such hours, the repair services will be completed on the next available
business day during regular business hours.
Peoples Gas shall have no obligation
to perform repair services where performance would expose repairing personnel
to dangerous or unhealthy conditions.
All gas piping covered by the program must be readily accessible and
exposed (not located behind walls, in ceilings, under floors or underground
[see the specific exclusions below for more information]). In general, coverage
includes gas piping located after the meter up to the gas appliance
connection(s), subject to all of the limitations and exclusions in this
contract. Peoples Gas will not expose
unexposed piping. In the event that you chose to expose piping that is not
readily accessible, you will be responsible for any damage caused or costs
incurred to expose the piping, and you will be solely responsible for any
restoration or restoration costs (examples of customer restoration costs include
plaster, drywall or ceiling repairs).
All work must be performed by a
Peoples Gas technician or authorized
contractor. Credit will not be issued for any work or material covered under
PEPP not installed by Peoples Gas or
its authorized contractor.
PEPP covers normal wear and tear, but not gas fittings or service work
required as a result of abuse, intentional damage, customer negligence, vandalism
or other criminality, war, terrorism, or as a result of casualty or acts of
God including, fire, freezing, flooding or earth movements.
Peoples Gas will not be
responsible for replacing any gas piping that is not correctly sized for the gas
appliances supplied by the piping.
Gas fittings may be replaced with an equivalent make, type or style.
PEPP service contract payments must be paid when due to maintain
uninterrupted coverage. Payments are posted to your account in the following
order: 1) PEPP program, 2) past-due utility charges, 3) current utility charges,
4) auxiliary products and services. All contracts 60 days in arrears will be
automatically cancelled.
Peoples Gas reserves the right
to change pricing or other terms upon at least 30 days' written notice. Written
notice of pricing changes shall be made pursuant to notification on your
Peoples Gas monthly billing statement
specifying the effective date of the change in pricing.
Specific Exclusions: Only exposed piping is eligible for repair. The
following gas piping is excluded from coverage: corrugated stainless steel
tubing; underground gas piping; gas piping in or to mobile homes; gas piping to
and in outbuildings not attached to the primary location; gas piping in any
facility used for commercial purposes; exposed gas piping located in crawl
spaces and other spaces that are difficult to gain access to; gas piping located
in the common areas of multi-unit buildings; gas piping located on rooftops or
attics when there is no floor or no conventional access; gas piping involved in
tampering with utility facilities or the theft of gas; copper gas piping; and
gas piping larger than 1¼ inches in diameter. Devices or equipment utilized to
regulate gas pressure and gas boosters are not covered. Repairs to appliances
are not included, except Peoples Gas
will perform repairs to (but not replacement of) pilot tubing.
TERM OF SERVICE, RENEWAL. Coverage commences seven (7) days after
the date of this enrollment packet. THE COVERAGE WILL RENEW ON A MONTHLY
BASIS THEREAFTER BY YOUR PAYMENT OF THE MONTHLY CHARGE WHEN DUE, UNLESS
YOU CANCEL THE CONTRACT, PEOPLES GAS
ELECTS NOT TO RENEW YOUR CONTRACT, OR
PEOPLES GAS CANCELS
YOUR CONTRACT OR THE PROGRAM. Coverage is prepaid. Failure to pay
the monthly service charge will result in a lack of coverage for the
month related to that charge.
CANCELLATION. You may cancel the contract at any time for
any reason by notifying Peoples Gas
in writing of the cancellation to PEPP P.O. Box 81431, Chicago, IL 60681-0431
or by calling 1-888-240-3710. Should you cancel within the first 30
days of enrollment, you will receive a full refund. If you cancel
within the first 30 days of coverage and repair work has been performed,
you will receive a full refund of premiums paid and
Peoples Gas will bill you
for the cost of materials and repair work at the then-current rates.
Cancellations at any other time will result in a refund of any
service contract payments for coverage periods that have not commenced.
Cancellations will cancel coverage beginning the first day of the
calendar month immediately following the date the cancellation is
received by Peoples Gas.
If you move to a new location this contract shall continue at the
new location unless you notify Peoples Gas
of the cancellation or unless you do not qualify for the program
at the new location. Peoples Gas
may cancel this contract or elect not to renew the contract at any
time for any reason or no reason whatsoever. If your contract is canceled
by Peoples Gas for a
material misrepresentation on your part, we are entitled to demand
payment for the cost of any service performed and gas piping and/or
pipe fittings provided. Cancellations by
Peoples Gas shall be
made in writing and shall be effective on the date set forth in the
written notice. In the event
Peoples Gas cancels
the contract for reasons other than fraud or material misrepresentation
and you have paid the monthly charge for a period of coverage
subsequent to the cancellation date,
Peoples Gas will refund
such monthly charge.
This contract represents the complete and exclusive statement
of the agreement between the parties, which supersedes all prior
proposals, oral or written, and all other prior communications
between the parties relating to the subject matter of this contract.
If any section, subsection, term or provision of this contract or
the application thereof to any party or circumstance shall, to
any extent, be held invalid or unenforceable, the remainder this
contract and the application of such section, subsection, term or
provision to parties or circumstances other than those to which it
is held invalid or unenforceable shall not be affected thereby,
and shall be valid and enforceable to the fullest extent permitted
by law.
The PEPP provider is Peoples Gas.
Peoples Gas is located at P.O.
Box 81431, Chicago, IL 60681-0431.
This Agreement shall be construed and enforced in accordance with
the laws of the State of Illinois, without regard to any law of
conflicts that may direct the application of the laws of another
jurisdiction. The parties irrevocably submit themselves itself to
the jurisdiction of the state and federal courts sitting in Chicago,
Illinois with regard to any controversy in any way relating to the
execution, delivery or performance of this contract. The parties further
agree that any and all actions founded upon such controversies shall be
brought and prosecuted exclusively in such courts and nowhere else.
Peoples Gas may transfer
this contract or its rights or obligations under this contract.
