Individuals and entities requesting service from Kootenai Electric Cooperative, Inc. (KEC) are required to submit an application to KEC. By submitting an application, each Applicant consents to being admitted as a member of KEC and agrees to be bound by the terms and conditions set forth below and all terms of service applicable to members of KEC (collectively, the “Terms of Service”), including KEC’s Articles of Incorporation, Bylaws, KEC’s Electric Service Handbook, and all other written policies, procedures, and resolutions, all as may be amended, superseded, or replaced from time to time. The terms “Applicant” and “member” as used in the Terms of Service include Applicant and means each and every applicant.
Applicant agrees to the following terms and conditions
- Applicant represents that Applicant lawfully owns, controls, or occupies the real property for which Applicant is seeking electric service (“Premises”).
- KEC’s employees, contractors, and agents shall be permitted reasonable unrestricted access to the Premises to install, inspect, maintain, or monitor KEC’s electrical facilities and/or Applicant’s electric facilities that are readily accessible from the exterior of any buildings on the Premises.
- Applicant shall be responsible for obtaining any easements, rights-of-way, or other property rights and other authorizations that are required to extend service to the Premises. KEC shall have no obligation to install or extend any facilities or to provide service to the Premises until Applicant demonstrates, to KEC’s reasonable satisfaction, that KEC has all such property rights and authorizations.
- Excavation on or around the Premises may cause settling. KEC cannot and does not warrant against settlement or damages caused by soil disturbance or settlement in or around areas that are excavated, including utility trenches excavated for the purpose of installing underground power lines. Applicant agrees to hold KEC harmless from any and all costs for surface replacement(s) and/or repair(s) caused by or related to excavation necessary to install or maintain facilities on or around the Premises, including the settlement of the soil in or around any utility trench. Such repairs and the costs of such repairs shall remain the sole responsibility of the Applicant. Applicant agrees to hold KEC harmless if equipment access is not feasible due to close proximity of structures, landscaping, or other restrictions limiting the use of KEC's equipment. In the event that equipment cannot be used it will be the responsibility of the Applicant to provide any necessary trenching and such trenching shall be to KEC’s specifications.
- To the extent KEC needs to install facilities to provide service to Applicant at the Premises, KEC may, consistent with its line extension and other policies and procedures, provide Applicant either (i) a non-binding proposal or (ii) an Electric Service Agreement, setting forth the estimated cost to install those facilities. Except as otherwise expressly agreed by KEC, Applicant shall pay the estimated cost to install facilities prior to such installation. Unforeseen conditions, including changes in design and/or delays beyond KEC’s reasonable control, may increase the cost of installing facilities. Applicant assumes the risk of, and shall be responsible for, any and all increased costs resulting from any such unforeseen conditions.
- Applicant assumes full responsibility for all electrical equipment and facilities that are not owned by KEC (generally all facilities beyond the metering point), including all wires, apparatus, devices and appurtenances, used in connection with the service. Applicant shall indemnify, save harmless and defend KEC against all claims, demands, cost or expense for loss, damage or injury to persons or property in any manner directly or indirectly arising from, connected with, or growing out of the transmission or use of electric current at or on the Applicant’s side of the metering point.
- Applicant agrees to pay KEC for its damages, costs, and expenses, including attorney fees and legal expenses, caused by or associated with Applicant’s failure to: (i) pay any amount lawfully charged or assessed by KEC; (b) comply with the Terms of Service; or (c) provide KEC truthful, accurate, and complete information. To the fullest extent permitted by law, each Applicant waives any right it may have to trial by jury in respect to litigation arising out of, under, or in connection with KEC’s provision of electric service to Applicant. Each Applicant further waives any right to consolidate or request the consolidation of any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. This jury trial waiver shall survive the termination of Applicant’s KEC membership.
- Each Applicant represents and warrants that, to the best of Applicant’s knowledge, information and belief, the information set forth within Applicant’s application is true, accurate, and correct. In the event any such information is later found to be false, inaccurate, or incorrect, KEC reserves the right to recover the full amount of any resulting increase in costs and/or damages from the Applicant and Applicant agrees to pay the same.
- The person signing or otherwise confirming agreement to the Terms of Service represents and warrants that such person is the Applicant or is legally authorized to act, contract, consent, and authorize on Applicant’s behalf. Applicant agrees to comply with all Terms of Service during the period commencing upon submission of an application until such time as Applicant’s KEC membership terminates; provided that all obligations incurred by Applicant prior to such termination shall survive until fully satisfied.
- By providing a wireless phone number to KEC, Applicant agrees and acknowledges that KEC may send text messages to that wireless phone number for any purpose, including marketing purposes.