Warranty and Terms of Service
Scope of Work
1. Products & Services
Unless otherwise indicated, the price for the selected items that are purchased through this website includes the device(s), standard parts, labor, setup, programming & integration, rebates, discounts, taxes, and warranties, as outlined in the items' description.
2. Fan Coil and Line Voltage Smart Thermostat Installation
The installation scope of work includes installation of premium Smart Thermostat(s) (Nest, Ecobee, Honeywell, etc.), conversion of the existing fan coil and/or electric baseboard system to a low voltage compatible connection (if applicable), and programming and integration of the installed technology.
3. Pricing and Fees
The quoted prices include all devices, standard parts, labor, setup & integration, rebates, discounts, taxes, and warranties. The quoted price is subject to change due to unforeseen site conditions that are outside of the normal scope or cost 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 management.
4. Pre-owned Devices
The Labor Warranty for devices that are not purchased through Nextech is limited to 15 days; no additional device warranty can be offered. If determined that it is not possible to install a pre-owned device and/or are unable to remedy the situation due to device inoperability or due to a pre-existing mechanical fault in the building, the standard Dispatch Fee of $85 will apply.
Customers have the option of customizing their order with various devices and accessories available through the NextechSelect collections. 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 an existing order.
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.
5. Utility Rebate Authorization
Utility Rebates are discounted instantly from the invoice, then processed and collected by the contractor through the standard utility rebate procedure. Nextech offers instant rebates to qualified customers who agree to provide utility account numbers and meet the requirements as specified below. For residential accounts, a maximum of one device rebate per utility, per account number are permitted. NOTE: If you purchased your device(s) from the COMED marketplace or another retail vendor where the rebate has already been applied, you are not eligible for the instant utility 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, 2019 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 rebate on your behalf and will provide the required account information and supporting documentation necessary to do so.
Not adhering to the above statements will disqualify the amount of the rebate that was applied to the invoice and contractor reserves the right to halt any and all work until/unless the amount is collected.
Installation Dispatch1. 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
(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% of the total order cost.
(c) Refunds & Returns - Products that are returned for any reason other than defect and/or a warranty claim are subject to a restocking fee of 20% of the MSRP.
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.