Terms of Service
Scope of Work
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, 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 unforseen site condition is discovered until authorization to proceed is obtained from customer and/or building manager.
Utility Rebate Terms
Smart Thermostat Rebate Authorization
Utility Rebates are discounted instantly on your invoice, then processed and collected by Nextech Energy Systems through the standard utility rebate procedure. Nextech 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 you purchased your unit from the COMED marketplace you are not eligible for this instant rebate.
By authorizing Nextech to provide instant utility rebates on your invoice, you agree 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 can connect to via Wi-Fi.
- You authorize Nextech to process and collect the utility rebates on your behalf and will provide the required account information and supporting documentation necessary to do so.
(a) 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.
(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.
- 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.