Warranty and Terms of Service

General

1. Privacy Policy


Your use of the Nextech Energy Systems website is subject to our Privacy Policy which can be found on our website.


2. Nondiscrimination Policy


Nextech has a zero tolerance discrimination policy that forbids discrimination against contractors, vendors, employees, and customers based on age, race, gender identity, disability, marital status, medical condition, national origin, pregnancy, religion, sex, sexual orientation, or other improper reasoning. If any contractor or customer feels like they have been discriminated against in violation of this policy please fill out this Contact Form.



3. Updates & Revisions

Nextech may update these Terms of Services at any time in their sole discretion. The most recent version of our Terms will always be available on the public website.

 

 

Ordering & Scheduling 

1. Scheduling a Service

The standard business hours of operation are between 8:30AM to 5:30PM every weekday, excluding weekends and national holidays. Currently we are operating in the Chicagoland area. Scheduling varies by product and building so times and dates may be modified accordingly. Scheduling an appointment for your service can be done on the website. The online checkout process will guide you through the procedure of making a purchase and scheduling your appointment. You may also schedule an appointment for non-standard items and custom orders by contacting us at: smarthome@nextechenergy.com

2. Pricing, Fees, and Payment Options

All prices, fees, and other amounts for the services are set forth on the Nextech website. Unless otherwise specified, the pricing for standard services online are all inclusive of the device(s) parts, labor, setup & integration, rebates, discounts, taxes, and warranties. You will be charged automatically upon completing the checkout process. All sums shall be expressed and paid in United States dollars. Service fees, costs, and charges are nonrefundable once the service begins. 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. We accept all major credit cards, ACH, Apple Pay, Google Pay, ShopPay, AmazonPay, and PayPal as forms of payment.

 

3. Refunds, Returns, and Cancellations

(a) Refunds - If a Customer requests a refund prior to the service date, processing may begin to refund back the total cost of the service(s) and device(s) not yet performed and installed. Labor and Service fees for work already performed are non-refundable. After 90 days from the installation date, any device not subject to a warranty claim is non-refundable.

(b)  Returns and Exchanges - Any device not subject to a warranty claim may be returned within 90 days of the installation date. Refunds will be issued for the retail cost of the device(s), less a 20% restocking fee, the retail sales tax already paid (currently 10.25%), and the standard Dispatch Fee (currently $125). Labor and Service fees for work already performed are non-refundable. Any device subject to a warranty claim may qualify for an even exchange at no additional delivery charge.

(c)  Rescheduling and Cancellations - 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 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 $125. If Customer requests to cancel their order within forty-eight (48) hours of their scheduled installation date and time, a refund will be processed less a 20% restocking fee for the retail cost of the device(s). 

 

 

Dispatch & Installation 

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 

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. 

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 $125.

 

 

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. Pre-owned Devices

Nextech may provide the option to install previously purchased devices so long as they fit the criteria listed below. 

    1. The device was purchased new within the last 12 months;
    2. It is still in the unopened retail box; and
    3. You have a copy of the sales receipt.

When installing pre-purchased devices our labor warranty is limited to 15 days and no additional device warranty can be offered

Nextech reserves the right to decline the installation of any pre-owned devices or devices purchased separately, at our discretion.

3. 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.

4. NextechSelect™

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.

5. Plaster/Dry-Wall/Brick/Concrete


Services involving installations or work on plaster surfaces may result in cracking or chipping. We take all possible precautions and efforts to minimize any damage, we are not responsible for any cracking or chipping that may occur as a result of service.

 

 

Responsibilities

Client Responsibilities

1. Account Security

You are responsible for maintaining the confidentiality of your account and password. You may use our website for lawful purposes only.


2. Account Deactivation


You have the right to deactivate your account at any time you deem necessary. 

 

3. On Site Terms 

You are responsible for removing any valuables and moving any furniture that’s blocking/ within the service area, prior to our arrival.


4. Adult Consent and Authorization 


An adult at least 18 years old with a valid government issued ID must be present during the time of the service appointment to authorize and approve all work completed. 


5. Permits & Licensing 


Customer is responsible for obtaining all permits, licenses, and other permissions, if any that may be required for the corresponding services to be performed.

 

6. Cable/Internet connection


Cable/internet installation and setup should be completed prior to your service appointment. We are not responsible for signal or connection strength due to unreliable equipment or lines.


7. Access and Use of Smartphone/Tablet/PC


Some services may require access to your smartphone, PC, or tablet. We may need to use some of these tools which can be necessary for diagnostics and repairs. For any software installations you agree and authorize us to accept the End User License agreements on your behalf.


8. Your Data and Software


You are solely responsible for backing up any data and software on your products or removing any media (memory cards, hard drives, flash drives, etc.) prior to service. We will not back up any data or software therefore we are not responsible for the loss, revision, or corruption of it.


9. Pets

We require that you safely secure any and all pets before and during the duration of the service appointment.


10. Contractor Gratuity 


Any tips given to contractors are solely done by the will of the client. Tips collected are exclusively for the contractors on site.

 


Contractor Responsibilities

1. Termination of Use

We may, in our sole discretion, terminate your account or your use of the website at any time and for any reason we see fit.


2. Labor Only


Labor beyond the scope of work for the stated service, we may not be able to perform or it may require an additional charge.


3. Recall Notification Disclaimer 


We expressly disclaim any and all responsibility to notify you of any future recalls issued for any products or devices purchased from our website.


4. Start Times and Delays


We will try to complete the services in a time efficient manner while still ensuring the service is performed safely and to a high standard. We are not responsible for delays in service caused by factors beyond our control. 


5. Photos and Videos


In situations where it is necessary or warranted, we may take, store, and use photos and/or video of your product(s) and installation service(s) (including its contents, connected products, accessories, and surroundings) for Service, Service Warranty, Deficiency, Work Acknowledgement, Marketing and/or Quality Assurance Purposes. You hereby grant Nextech a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any imagery (omitting any sensitive/identifiable Customer or property information) we take in any media currently existing or later developed. You have the option to opt out or have your images removed upon request and we will promptly take the necessary actions to accommodate your request.

6. Safety


We require a safe work environment and reserve the right to refuse or reschedule services due to conditions we deem dangerous, unsafe, hazardous, such as possible code violations, extreme temperatures, natural disasters, or other hazards.


7. Additional Services 


Contractors are able to help clients schedule for further services if client requests. 

 

 

Post Installation 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.

 

 

Utility Rebates

1. 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, 2022 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.

 

 

Warranty 

1. Warranty  

The Contractor warrants the Services will be performed in accordance with generally accepted industry standards and norms.

 

2. Labor Warranty

The labor warranty (the “Labor Warranty”) will apply for a period of one (1) year from the date that the 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.

(1) Notwithstanding anything to the contrary in this Agreement, the Labor 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, programming, or errors otherwise, defects caused directly or indirectly by the Customer, its Tenants, 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.

 

3. Manufacturer’s Warranty

For hardware, devices, or products, the Customer and its Tenants agree to look solely to the applicable manufacturer for the manufacturer’s warranty (the “Manufacturer’s Warranty”) 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. Contractor will make reasonable efforts to provide relevant information and historical data necessary to assist the Customer and its Tenants with a Manufacturer’s Warranty claim relevant to components provided as part of the Services.

 

4. Extended Warranty (Maintenance and Service Plans)

Extended warranty(s), maintenance agreement(s), and service contract(s) may be provided or become available from the Contractor at its sole discretion and preference, for certain hardware, devices, products, or services provided by and purchased from the Contractor.

(1) Hardware, devices, products, or services provided by or purchased from a third party are excluded from any and all warranty coverage or claim outlined herein, and Contractor is under no obligation whatsoever to provide any installation, repair, programming, support, consult, or any other service for any provision or component that is not directly provided by the Contractor.

 

 

Liability

1. Insurance

Contractor and each subcontractor of any tier, shall purchase and maintain insurances in amounts consistent with requirements as requested from Customer, and each shall name the Customer, its board of directors and its managing agent on a primary and noncontributory basis, unless prohibited by law. Each policy of insurance shall contain a clause that the policy may not be terminated without first providing Customer at least thirty (30) days prior written notice. Each policy shall contain a waiver of subrogation in favor of the Customer, its members, its board of directors and its managing agent.

 

2. Indemnification

To the fullest extent permitted by law, each Party (the “Indemnifying Party”) agrees to defend, indemnify and hold the other Party, its affiliates, and each of their respective employees, officers, directors and agents (individually, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless for, from, and against any and all Claims including payment of reasonable attorney’s fees arising out of or related to the Indemnifying Party’s or any Indemnifying Party Representative’s: (i) breach of this Agreement or of any warranty, representation or covenant, including any failure to perform the Work in accordance with the Standard; (ii) negligence, violation of applicable Law, willful misconduct or fraud; or (iii) acts or omissions. Indemnifying Party’s obligations to defend, indemnify and hold harmless Indemnified Parties under this Agreement will not apply to the extent that Claims arise out of any Indemnified Party’s negligence, willful misconduct, fraud, or violation of applicable Law.

  1. Upon receipt by an Indemnified Party of actual notice of a claim or action against such Indemnified Party with respect to which indemnity may be sought under this Agreement, such Indemnified Party shall promptly notify the Indemnifying Party in writing; provided that failure so to notify the Indemnifying Party shall not relieve the Indemnified Party from any liability which the Indemnified Party may have on account of this indemnity or otherwise, except to the extent the Indemnified Party shall have been materially prejudiced by such failure. The foregoing rights shall survive any termination of Contractor’s engagement hereunder.

 

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 compensation 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. Force Majeure

“Force Majeure” shall mean an event which prevents the claiming Party (the “Claiming Party”) from performing its obligations and is not within the reasonable control of, or the result of the negligence of, the Claiming Party, such as, but not limited to, acts of God; fire; flood; terrorism; breach by the Electric Distribution Company; electric grid interruption; earthquake; war; riot; or requirements, actions or failure to act on the part of governmental authorities. The non-Claiming Party shall not be required to perform its obligations to the Claiming Party for the period of the Force Majeure. If the Force Majeure continues for a period in excess of thirty (30) calendar days (an "Extended Force Majeure Event"), the performing Party may terminate this Agreement by providing the other Party written notice of the early termination, without the termination for an Extended Force Majeure Event constituting an Event of Default.

 

 

Governing Law

Governing Law; Severability; and Consent to Jurisdiction. This Agreement and the performance hereunder by the Customer and Contractor shall be governed by and construed and interpreted in accordance with the internal laws, and not the law of conflicts, of the State of Illinois. To the extent permitted by applicable Law, Contractor hereby waives any right to a jury trial in any action arising hereunder.

  1. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, as finally determined by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as 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 applicable Law.
  2. In the event that either Party hereto shall default in the performance of any of his, her, or its obligations hereunder, in addition to any and all other rights or remedies which the non-defaulting Party may have against the defaulting Party, the defaulting Party shall be liable to the non-defaulting Party for all court costs and attorneys’ fees incurred by the non-defaulting Party in enforcing his, her or its rights hereunder.