Warranty and Terms of Service
Conditions of Use
Welcome to Nextech Energy Systems LLC. By using shop.nextechenergy.com and any subdomains, URLs, or hyperlinks of the domain registrar (collectively, the “Website”) and its related products, services, and software (the “Service(s)), you agree to be bound by these terms of service (the “Terms”). You also accept and agree to be bound by the Terms and the Website Privacy Policy when you create an account, checkout as a guest, or log into the Website.
For the purpose of these Terms and related policies, “Nextech,” “contractor” “we,” “us,” and “our” mean Nextech Energy Systems LLC, its subsidiaries, affiliates and/or related entities. “Customer”, “you”, “they”, and “your” mean the Website user.
Privacy Policy
Your use of the Website is subject to our Privacy Policy which can be found on the Website.
Website Information
We try to be as accurate as possible with the information we present on the Website. We will make reasonable efforts to accurately display and describe the Services we provide. We do not warrant that content or descriptions are accurate, complete, or error free. All prices and promotions displayed are subject to change. We cannot confirm the availability or price of a Service until your order is placed and fulfilled. From time to time a Service on the Website may not be available or may be mispriced. The price for a Service displayed on the Website supersedes any conflict with a price displayed on any marketing or promotional material circulated online or in print.
Website Collections
Nextech offers a variety of custom Services and collections of Services (a “Collection”) through its Website to specific groups, communities, properties, residents, entities, etc. (an “Audience”) that are unique to the specified Audience. A Collection may be displayed or promoted by way of vanity URLs or other means. Certain Services available on the Website may be unavailable or have an alternate price than what is available on a Collection available to the corresponding Audience. In the event of a conflict between the Services on the Website and a Collection, the Collection supersedes the Services available on the Website.
Updates & Revisions
The most recent version of our Terms will always be available on the Website. Nextech may update these Terms at any time at their sole discretion. It is your responsibility to review the Terms for updates or changes. If you do not agree to be bound by the Terms, you should not use the Website.
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 they can notify us via this Contact Form.
Ordering & Scheduling
Scheduling a Service
The standard business hours of operation are between 8:30AM to 5:30PM on weekdays, excluding weekends and national holidays. Currently we are operating in the Chicagoland area. Scheduling varies by Service and times and dates may be available and modified accordingly. Ordering and scheduling Services can be done on the Website. The online checkout process will guide you through the procedure of completing an order and scheduling your Service. For questions or inquiries related to existing orders or scheduling contact us at: dispatch@nextechenergy.com. For inquiries regarding custom or non-standard Services contact us at: sales@nextechenergy.com.
Pricing, Fees, and Payment Options
All prices, fees, and other amounts for the Services are set forth on the Website. You will be charged automatically upon completing the checkout process. All sums shall be expressed and paid in United States dollars. The quoted price is subject to change due to unforeseen site conditions that are outside of the normal scope or price. Contractor reserves the right to stop all work once an unforeseen site condition is discovered until authorization to proceed is obtained from the Customer. We currently accept all major credit cards, ACH, Apple Pay, Google Pay, ShopPay, AmazonPay, and PayPal as forms of payment.
Refunds, Returns, Rescheduling, and Exchanges
Refunds
If a Customer requests a refund within forty-eight (48) hours of a placed order, we will initiate the process to refund in full the total cost of the Services. After 48 hours of an order being placed and prior to the start of the Services, orders are refundable less a 3% merchant fee. Labor fees for work already performed are non-refundable. After fifteen (15) days any device(s) installed that are not subject to a warranty claim are non-refundable.
Returns and Exchanges
Any device not subject to a warranty claim may be returned within 15 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-returnable.
Any device subject to a warranty claim within one (1) year of the installation date may qualify for an even exchange at no additional charge. Any device in warranty and subject to a warranty claim made after one (1) year of the installation date may qualify for an even exchange, subject to a dispatch and/or delivery fee not to exceed $125.
Cancellations
A Customer may cancel their order for any reason up to forty-eight (48) hours prior to the date and time of their scheduled Service, subject to the refund and return policies set herein.
Rescheduling
A Customer may request to reschedule Services without penalty prior to forty-eight (48) hours of their scheduled installation date and time. If a 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.
Scope of Work
Products & Services
Nextech offers a variety of Services on its Website. Unless otherwise specified, the pricing for available Services are all-inclusive of the device(s) parts, labor, setup & integration, discounts, warranties, and applicable taxes, as outlined in the Service description. From time to time, certain Services on the Website may become temporarily or permanently unavailable or warrant a change in price to what was previously available and advertised.
Pre-owned Devices
Nextech, at its discretion and preference, may provide the option to install previously purchased devices so long as they fit the criteria listed below:
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The device was purchased new within the last 12 months;
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The device is in the unopened retail box; and
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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, at its sole discretion and preference, reserves the right to decline the installation of any pre-owned or pre-purchased device for any reason.
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 compatible low voltage connection, and programming and integration of the installed technology.
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.
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.
Dispatch & Installation
Install Coordination
We will make any and all reasonable communication efforts to coordinate and confirm the installation date and time with you. These efforts may include but are not limited to phone calls, emails, text messages, calendar invites, etc. If we are unable to confirm the installation date and time within forty-eight (48) hours of the requested Service date, we reserve the right to suspend the dispatch ticket until such date and time can be confirmed.
We will make best efforts to complete the Services on the date and within the timeframe coordinated and agreed to. We may contact you with schedule notifications, updates, and estimated arrival times accordingly. Occasionally and due to circumstances outside of our control, arrival times and the time on site required to complete the Services may differ from what was initially estimated and communicated. Due to these circumstances we reserve the right to reschedule or redispatch in order to adequately complete the Services, if necessary and at your convenience.
Non-Warranty Related Dispatch
For Services previously provided by the Contractor that are not under warranty or related to a warranty claim, or for circumstances involving another service provider, Contractor, at its sole discretion and preference, may offer to perform a service diagnostics at the Customer's request and convenience. In order to schedule the service diagnostics the Customer agrees to pay in advance a dispatch fee, currently $125. Customer understands that the service diagnostics does not guarantee resolution of any given or perceived problems or functionality issues and additional Services and associated fees may be required to remedy the circumstance. If Customer elects to order additional Services, Contractor may require payment in full prior to performing the Services.
In the event Contractor dispatches to a Customer premise for a warranty related inquiry and upon arrival it is determined that either 1) the dispatch request is unrelated to the warranty claim, or 2) the dispatch request is outside of the warranty terms or coverage, Customer agrees to pay Contractor immediately and in full a service diagnostics fee prior to performing any additional Service. If Customer does not agree to the diagnostics fee or declines any additional Service, Customer will be billed the current dispatch fee. No further Services or warranty claims will be provided by the Contractor for any Customer with an outstanding balance due.
Responsibilities
Customer Responsibilities
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.
Premises
You are responsible for removing any valuables and moving any furniture that’s blocking/ within the service area, prior to our arrival.
Safety
Contractor requires a safe work environment and reserves the right to refuse or reschedule services due to conditions we deemed dangerous, unsafe, or hazardous.
Permits & Licensing
Unless previously agreed to, Customer is responsible for obtaining all permits, licenses, and other permissions, if any that may be required for the corresponding services to be performed.
Internet connection
Internet service, Wifi connectivity, and network configuration is required to be available prior to your Service appointment. We are not responsible for internet connectivity issues due to unreliable equipment or lines, signal strength, range limitations, dead zones, etc.
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.
Your Data and Software
You are responsible for maintaining the confidentiality of any account login/password credentials. 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.
Pets
We require that you safely secure any and all pets before and during the duration of the service appointment.
Contractor Gratuity
Any tips given to service technicians are solely provided at the discretion and will of the Customer. Any tips provided are exclusively collected by the service technicians on site.
Contractor Responsibilities
Conduct
Contractor will conduct itself in a professional manner, execute the Services to the best of its ability, and strive to maintain a polite and cordial dialog with its Customers.
Laws
Contractor shall comply with any and all applicable laws, municipal codes, and building requirements relevant to the execution of the Services.
Premises
Contractor will Properly set up, stage maintain, and clean-up the work areas and related equipment at the job site. Contractor will remove their shoes and/or wear shoe covers and provide floor protection on the job site, when and where applicable.
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 right to request a review of any photos and/or videos taken, and may request to have any images deemed sensitive or private removed or deleted from our systems upon request; we will promptly initiate the actions necessary to accommodate your request.
Post Installation Support
Certain Services make available to the Customer, at their request and preference, an optional product overview, tutorial, or demonstration. If the Customer is unavailable at the time of Service or declines the available tutorial, the Services are considered completed and Contractor is under no obligation to provide further programming, configuration, product support, training, or technical assistance.
For post installation support including inquiries related to administrative reassignment, factory resets, and other non warranty related inquiries, see the Terms outlined in the “Non-Warranty Related Dispatch” section herein.
Nextech is not an advisor of, substitute for, or liaison to any Customer Care, Service Support, or Technical Assistance department of any device manufacturer or service provider. For any questions, inquiries, or requests related to technical assistance or service & support we urge you to contact the respective department directly. Support articles and contact information for many of the products, brands, and providers related to our Services can be found in the Nextech Resource Center.
Warranty Coverage
Warranty
The Contractor warrants the Services will be performed in accordance with generally accepted industry standards and norms.
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.
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.
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.
Liability
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.
Indemnification
To the fullest extent permitted by law, Customer agrees to defend, indemnify and hold the Contractor, its affiliates, and each of their respective employees, officers, directors and agents harmless for, from, and against any and all Claims including payment of reasonable attorney’s fees arising out of or related to: (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. Customer’s obligations to defend, indemnify and hold harmless Contractor under this Agreement will not apply to the extent that Claims arise out of negligence, willful misconduct, fraud, or violation of applicable Law.
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.
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.
- i) 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.
- ii) 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.