TERMS OF SERVICE

 V 2.1

These TERMS OF SERVICE, including any exhibits and links attached hereto, are entered into immediately and indefinitely upon successful completion of an order transaction on this website, by Nextech Energy Systems LLC (the “Contractor”), and the paying entity (the “Customer”).

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PLACING AN ORDER THROUGH THIS WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO BROWSE THE WEBSITE OR READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT PLACE AN ORDER ON THIS WEBSITE.

 

NOW, THEREFORE, the parties, for good and valuable consideration the receipt of which is hereby acknowledged, intending to be legally bound, do hereby agree as follows:

 

Scope of Work

Smart Thermostat Installation

The installation scope of work includes installation of premium Smart Thermostats (Nest or Ecobee), conversion of your existing fan coil and electric baseboard system to a low voltage compatible connection (if applicable), and programming and integration of your new smart technology.

The quoted price includes all devices, parts, labor, setup & integration, taxes, utility rebates, discounts & warranty. The quoted price is subject to change due to unforeseen site conditions that are outside of the normal scope of the project. Contractor reserves the right to stop all work once an unforeseen site condition is discovered until authorization to proceed is obtained from customer and/or building manager.

NextechSelect

Customers have the option of customizing their order with various devices and accessories available through the NextechSelect collection. The prices for NextechSelect items are all-inclusive of the product,  taxes, installation, and app integration. Items in NextechSelect are provided at a promotional discount and made available only when purchased in conjunction with a smart thermostat order.

 

Utility Rebate Terms

Smart Thermostat Rebate Authorization

Utility Rebates are discounted instantly on the Customer invoice, then processed and collected by the Contractor through the standard utility rebate procedure. Contractor offers instant rebates to qualified Customers who agree to provide utility account numbers and meet the requirements specified below. For residential accounts, a maximum of 2 rebates per utility, per household are permitted.

NOTE: If Customer purchases devices from the ComEd marketplace, they are not eligible for this instant rebate. If Customer is not the primary resident or ComEd account holder, Customer will provide Contractor with all means necessary to gather the required information as defined below.

By authorizing Contractor to provide instant utility rebates on your invoice, Customer agrees to the following statements:

  • You are a current residential utility delivery service customer.
  • Your device(s) were purchased new on or after June 1, 2018 and you possess a copy of the sales receipt.
  • You are the authorized account holder for the account numbers listed on your utility bill.
  • You have operational internet access that the thermostat(s) can connect to via Wi-Fi.
  • You authorize Contractor to process and collect the utility rebates on your behalf and will provide the required account information and supporting documentation necessary to do so.

 

Warranty

1. Labor Warranty  

The Contractor warrants the Services will be performed in accordance with industry standards (the “Services Warranty”). The Labor Warranty will apply for a period of ninety (90) days from the date that Services are provided. THE LABOR WARRANTY IS EXCLUSIVE WITH RESPECT TO THE CONTRACTOR AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF QUALITY OF GOODS OR PERFORMANCE FURNISHED BY THE CONTRACTOR HEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS OF THE EQUIPMENT OR SOFTWARE FOR A PARTICULAR PURPOSE, OR COURSE OF DEALING. THE CONTRACTOR DISCLAIMS AND THE CUSTOMER EXPRESSLY WAIVES ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF PRODUCTS, LICENSE(S), AND EQUIPMENT SUPPLIED WITH RESPECT TO THE CONTRACTOR.

(b)   Notwithstanding anything to the contrary in this Agreement, the Services Warranty shall be void and of no force or effect with respect to any equipment, parts, products or programs that have been damaged as a result of any accident, force majeure event, relocation of the goods from original installation locations, misuse, neglect, alteration, maintenance by a third party, unauthorized repair of programming errors or otherwise, defects caused directly or indirectly by the Customer, its agents or third party contractors, damage or deteriorated performance of goods caused by electrical surges, lightning, fire, flood, pest damage, actions of third parties (other than the Contractor and its agents) and other events or accidents outside the reasonable control of the Contractor and not arising under normal operating conditions.

  • 2. Manufacturer’s Warranty
  • (a) The customer agrees to look solely to the applicable manufacturer of the components sold, and not to contractor, for any warranty claim, including, but not limited to, any repair or replacement of any defective hardware component.

    (b)  Extended 5-year warranty is available on certain products if purchased and installed directly from Nextech. Products purchased from third party suppliers may carry a shorter warranty period as dictated by the Manufacturer’s warranty conditions.

  • 3. Limitation of Liability
  • To the fullest extent permissible under the law, each party’s maximum aggregate liability under this Agreement, including, but not limited to, any breaches, warranty obligations, and indemnity obligations, is limited to the total amount paid by the Customer to the Contractor under this Agreement; provided, however, that no limitation on liability will apply to damages that are caused by either party’s gross negligence or willful misconduct.

  • 4. Hold Harmless
  • The Customer agrees to indemnify and hold Contractor harmless along with their affiliates, employees and their respective successors and each other persons, against any loss, liability, claim, damage and expense whatsoever (included, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim) arising out of or based upon any false representation or warranty or breach or failure by the Customer to comply with any covenant or agreement made by reading and accepting the Terms of Service herein or in any other document related to such agreement to any of the foregoing in connection with this transaction.

     

    Installation Dispatch

  • 1. Install Coordination
  • Contractor will make any and all reasonable communication efforts to coordinate and confirm the installation date and time with Customer. These efforts may include but are not limited to phone calls, emails, text messages, etc. If Contractor is unable to confirm the installation date and time with Customer within forty-eight (48) hours of the initial service request, Contractor will suspend the dispatch ticket until the date and time is confirmed.

  • 2. Rescheduling and Cancellation
  • (a)  Rescheduling - Customer may reschedule their installation date and time for any reason, without penalty up to forty-eight (48) hours prior to their scheduled installation date and time. If Customer requests to reschedule within forty-eight (48) hours of their scheduled installation date and time, Contractor reserves the right to charge a rescheduling fee, not to exceed $50.
  • (b)  Cancellation - Customer may cancel their order for any reason without penalty up to forty-eight (48) hours prior to their scheduled installation date and time. If Customer requests to cancel their order ‘within’ forty-eight (48) hours of their scheduled installation date and time, Contractor reserves the right to charge a Cancellation Fee, not to exceed $50.

  • 3. Non-Warranty Related Dispatch
  • In the event Contractor dispatches to a Customer premise for a warranty related inquiry, and upon arrival, either a) service request is unrelated to the installation Scope of Work, or b) service request is outside of the warranty terms, coverage, or time frame, Customer agrees to pay Contractor immediately and in full, prior to completion of the service request. If Customer does not agree to the service request price or Contractor is unable to complete the service request, Customer will be billed a standard dispatch fee of $85.
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    Post Installation Dispatch Support

    As part of the standard service offer, Contractor provides an optional tutorial upon successful device activation. For device factory resetting and/or administrative reassignment, contact the Contractor for a programming and settings tutorial. For post installation support unrelated to a factory reset or a warranty claim, Contractor advises Customer to contact the device manufacturers’ Customer Support directly. Links and contact information to relevant device manufacturers can be found in the Nextech Resource Center.