ESA Program Terms and Conditions

Terms and Conditions

ESA Program | Home Improvement

1. Southern California Edison Company (SCE), a California Investor-Owned Utility, hereby provides these Terms and Conditions as part of the Customer Agreement (“Agreement”) for the Energy Savings Assistance (ESA) Program (the “Program”). SCE may modify or discontinue the Program at any time at its sole discretion, without prior notice, or by order of the California Public Utilities Commission (CPUC). The Program is not part of the electric service customers receive from SCE and is funded by California utility customers, administered by SCE under the auspices of the CPUC, and is subject to the availability of funds. Licensed Contractors (“Contractor”) have been contracted by SCE to provide services related to the Program. The identity of the Contractor shall be provided to the Customer in advance of the work commencing, including the Contractor’s license information.
2. As the Customer,
   1. I certify that I meet the eligibility requirements and that the information regarding household members and income provided in this Agreement is true and correct. Upon request, I agree to provide proof of total gross household income.
   2. I authorize both SCE and Contractor to examine my income documentation, utility account, and other information pertinent to this Agreement.
   3. I certify that this Agreement contains the entire agreement between SCE, Customer, and Contractor; and any other agreement, statement, or promise made by any party that is not contained in this Agreement shall not be binding or valid.
   4. I hereby waive any claim to, and agree not to apply for or receive, any State or Federal tax credits, utility cash rebates, or any other utility incentives (“Incentives”) with respect to any measures, improvements, and services (“Measures”) installed on the property listed on this Agreement (“Property”) pursuant to the Program.
3. As the Customer, I understand that if I qualify and am approved for participation,
   1. I grant permission to SCE and Contractor to access the property to provide all feasible Measures included in the Program including outlet grounding (the “Work”) as determined necessary by SCE and Contractor pursuant to the terms and conditions of the Program. I hereby expressly waive any rights that I may have to the return of any components, parts, or appliances repaired or removed from my home, including those provided by Business & Professions Code § 9843 or any similar statute.
   2. I understand the Contractor must install all Measures in accordance with all local, state, and federal building codes and agree to grant permission to SCE, their authorized Contractor(s), city, county, state, or municipal building inspectors, and any other Program representatives, as applicable, reasonable access to my home and property to perform any applicable inspection(s). I understand that failure to comply with the inspection process may create a safety concern as well as may void the manufacturer’s warranty. '
      1. If during an inspection, any work related to the installed measures requires adjustment, repair, or replacement due to permit requirements, an authorized, licensed Contractor will perform such work at no charge.
      2. I understand that upon acceptance of the replacement Measure(s), the old equipment or product(s) being replaced will be dismantled and recycled in accordance with all applicable laws.
      3. I understand that the approximate completion date provided in the Agreement is only an estimated timeframe for the Measure(s) to be installed.  I understand that extenuating circumstances may delay project completion beyond the date provided in the Agreement, including but not limited to supply chain issues, Measure(s) being back ordered or out of stock, permitting delays, required additional inspections, and/or Contractor staffing issues. 
      4. If the Contractor(s) fail to install any anticipated Measure(s), I will receive a satisfactory explanation from the Contractor(s) of the reason(s) that they were not able to install the Measure(s).
      5. I understand that I am responsible for reading the owner’s manual and completing and mail-in the warranty card included for each applicable measure that I may receive from the program. 
      6. Once the Measure(s) have been installed by the Contractor(s), I understand that the Measure(s) identified on the Installation Report have been installed at the specified installation address by an authorized, licensed contractor and that the installation occurred in the stated location. 
      7. Once the Measure(s) have been installed by the Contractor(s), the removal, replacement, modification, or failure to properly maintain the installed Measure(s) according to manufacturer guidelines may void all applicable warranties.
   3. I grant SCE and the Contractor permission to obtain specific details, including model type and serial number from the supplier and/or manufacturer of any Measure to confirm its eligibility for Incentives. All approved Measure(s) are provided at no cost, including the cost of any necessary building permits, other than as set forth herein. In cases where the Customer is a renter/tenant and does not own the existing appliance, the property owner may be required to pay a non-refundable co-payment to the installing Contractor for central air conditioner or heat pump replacements.
      1. I understand that the non-refundable co-payment is made by the property owner directly to the Contractor, and SCE will not receive any part of the co-payment.
      2. If the non-refundable co-payment is not provided to the Contractor, the approved Measure(s) will not be installed.
4. For the Contractor to install certain Measures, including but not limited to room air conditioner, evaporative cooler, and refrigerator, a properly grounded three-prong electrical outlet must exist at the installation location of the Measure(s). I hereby authorize the Contractor to perform this work at no cost.
5. For Renter/Tenants: 
   1. I understand I may receive a no-charge repair or replacement service to certain appliances paid for by the Program.
   2. A Property Owner’s Authorization (POA) form will be required prior to any work being performed pursuant to the Agreement.  This authorization will be obtained by the Contractor.
   3. I will not remove at any time the installed Measure(s) with the following exceptions:
      1. I may remove the new Measure only if I owned the original Measure that is being replaced under the Program.
      2. If I do not own the original Measure that is being replaced under the Program, I may remove that new Measure with a written authorization from the owner of the old appliance.
6. As the Customer, I acknowledge and agree that SCE shall not be liable for any damages or losses arising out of any act or omission of the Contractor or any subcontractor of the Contractor in performing the Work, and I hereby release SCE from and against any and all claims that may arise in connection with the Work.
   1. I agree to hold the assigned Contractor solely responsible for the performance of the Work and for all claims, losses, liabilities, damages, and expenses (including attorneys’ fees and costs) that may arise as a result of the Work. 
   2. Furthermore, I shall defend, indemnify, and hold harmless SCE and its respective officers and employees against any and all action, liability, damages, demands, or costs, for injury to or death or any and all persons whatsoever, and for any and all damage to property, in any manner arising from, or in connection with, the performance of the Work hereunder, except for the damages caused solely by the gross negligence or willful misconduct of, as relevant, SCE. I understand my obligations under this paragraph shall arise at the time any claim or demand is made, and the entry of judgment or the litigation of any claim is not a condition precedent to the obligations herein.
   3. All claims arising out of or relating to this Program shall be governed by, and construed in accordance with, the laws of the State of California, without reference to its conflicts-of-laws provisions. Moreover, any litigation related to the Agreement shall be brought and enforced in, and will be under the exclusive jurisdiction of, the courts of the State of California in Los Angeles County.
7.  As the Customer, I acknowledge and agree that SCE has not authorized any services, improvements, installations, or equipment other than the Measures and outlet grounding, and I understand that SCE assumes no liability for such services, improvements, installations, or equipment.  I acknowledge and agree that SCE makes no representations or covenants as to the safety, reliability, and/or efficiency of the Measures. 
8. As the Customer, I acknowledge and agree that the information and materials provided as part of the energy education are for informational purposes only. 
9. In order to make the Program cost-effective and offer the Measures to as many qualified customers as possible, SCE and Contractor purchase high-quality, Energy Star® qualified products (where applicable).  As a result, the Program offers customers a limited number of energy-efficient models to help reduce energy bills.  Replacement units may not be equipped with the same features as your existing units, and you may decline the new energy-efficient products being offered for any reason.
   1. Replacement Refrigerators have been deemed by their respective manufacturer to be compliant with the American Disability Act (ADA), where applicable; replacements are white top-freezer models and do not come equipped with icemakers or water dispensers.
   2. I understand that the Contractor(s) will provide me with a copy of the manufacturer's product guide and will instruct me about the proper operation of the Measure(s) and explain any applicable warranties.
10. SCE makes no warranty, whether expressed or implied, including but not limited to the warranty of merchantability or fitness for any particular purpose, use, or application of the material and information provided as part of the energy education and Measures.  I acknowledge that SCE has not inspected the Work, is not serving as a general contractor related to the Work, and is not otherwise responsible for the quality or any defects in the Work. Notwithstanding the above, warranties may be available outside of SCE:
    1. Measure(s) manufacturers may provide a two-year parts and labor warranty beginning from the date of installation; and
    2. Contractor(s) may warrant the workmanship on the installed Measure(s) for one year depending on the type of work performed. The workmanship warranties commence from the date of installation.
11. As the Customer, I acknowledge that the Contractor has been approved and authorized by SCE to contact me regarding the performance of the Work only.  I understand that any other additional non-program-related services, installations, improvements, or equipment provided to me by the Contractor have not been authorized by SCE, and SCE assumes no responsibility for those items.  Any such additional services, installations, improvements, or equipment not specifically listed on the Installation Report must be agreed by way of a separate written agreement directly with the Contractor.
12. SCE approved Contractors maintain Commercial General Liability Insurance and Worker's Compensation Insurance for all of their employees.  The details and limits of all applicable insurance policies are available upon request from the respective Contractor.
13. I understand that all sections of this Agreement are considered as confidential information.  However, I acknowledge that SCE may share my information, if requested, with the CPUC, other utilities, agents, or entities to enroll me in their assistance program(s), if I meet the respective income and/or program guidelines.
14. My signature on this Agreement certifies my desire and consent to participate in the Program.  I understand that I MAY CANCEL AT ANY TIME PRIOR TO THE INSTALLATION OF MEASURES WITHOUT PENALTY OR OBLIGATION.  Additionally, I understand NO LIEN WILL BE PLACED AGAINST THIS PROPERTY.  Contractor hereby expressly waives any right to and shall have no right to assert or record any mechanic’s liens against the property, owner, or tenant.
15. I acknowledge and agree that my e-mail address may be used to receive information related to my participation in the Program, and I may choose to opt-out at any time by contacting SCE.
16. I understand that if I have questions about the work to be performed by the Contractor or regarding this Agreement, I may contact SCE directly at 800-736-4777.

For information on SCE’s privacy policies and California Consumer Privacy Act (CCPA) compliance, please visit www.sce.com/privacy.

Rev. 01222024