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Energy Solutions Terms & Conditions
Please read the following terms and conditions carefully. By participating in SCE Energy Solutions, you imply consent to these terms and conditions, and to adhere to the agreements contained herein.
I, the Applicant (or Customer's Authorized Agent of the Applicant), hereby agree to the following terms and conditions to my participation in: (1) Express Solutions Program, (2) Customized Solutions Program, and/or (3) Demand Response (DR) Technology Incentives Program (the “Programs”) administered by Southern California Edison (SCE).
Each Program is identified and further described in the 2013-2014 Customized Statewide Procedures Manual for Business (www.sce.com/Customized_Solutions) and the 2013-2014 Express Statewide Procedures Manual for Business (www.sce.com/Express_Solutions) copies of which I acknowledge reviewing.
1. Incorporation by Reference: I understand and agree that the 2013-2014 Customized Statewide Procedures Manual for Business (www.sce.com/Customized_Solutions) and the 2013-2014 Express Statewide Procedures Manual for Business (www.sce.com/Express_Solutions), and the Application (together with applicable attachments) are hereby incorporated by reference into, and made a part of, this Agreement.
2. Limitation on Funding Availability: Each Program has limited funding and is offered on a first-come, first-served basis until funding is depleted or the Program is terminated, whichever comes first. I further understand that submission of this Application is not a guarantee of payment by SCE, nor is it a guarantee of fund availability.
Upon SCE’s approval of this Application and SCE’s execution of a Program project agreement, if applicable to the requested Program, incentive funds will be reserved by SCE; however, payment of any incentive is subject to post-installation performance verification.
3. Changes to Program: Funding and conditions of each Program are subject to the jurisdiction of the California Public Utilities Commission (“CPUC”), and shall be subject to such changes or modifications as the CPUC may, from time to time, direct in the exercise of its jurisdiction. I understand that if a Program is modified in any way or terminated by order of any government entity, then this Agreement shall be revised or terminated consistent with that order. In addition, SCE may suspend or terminate any Agreement related to a Program without cause (and without prior written notice) if SCE determines suspension or termination of the Agreement is necessary in order to make changes to the related Program or if SCE is ordered by the CPUC to modify or discontinue a Program and/or any agreements related to a Program. I agree that SCE will not be liable to me for any damages or compensation of any kind that may result from the changes described in this paragraph 3.
4. Right of Assignment: SCE may assign any Agreement related to my participation in a Program, in whole or in part, or its rights and obligations hereunder, directly or indirectly, by operation of law or otherwise, without my prior written consent, provided SCE remains obligated for payments incurred prior to the assignment. I may not assign this Application, in whole or in part, or my rights and obligations hereunder, directly or indirectly, by operation of law or otherwise without the prior written consent of SCE.
5. Site Access Requirements: The Program(s) I select may require installations, audits, inspections, measurements of the performance of the solutions, and/or verification of installation of solutions. Therefore, I agree to provide reasonable access to the project site(s) for these purposes to SCE and/or its agents or assigns and the CPUC and its agents or assigns.
6. Authorized Services: I understand that SCE employees, contractors and/or agents are authorized to provide only the services described in this Application for the Programs. SCE assumes no responsibility for any services, installations, improvements or equipment offered or provided to me by an SCE employee, contractor or agent other than those specified in this Application or that have not been authorized by SCE.
7. Release and Use of Information: I authorize SCE to release my contact and other relevant information to SCE’s employees, contractors and/or agents for purposes related to my participation in the Program(s). I further authorize SCE’s employees, contractors and agents to contact me with regard to the installation instead of initiation, performance, and/or verification of any of the terms and conditions of the applicable Program(s).
8. Calculation of Energy Savings: SCE will not pay incentives for any energy savings in excess of the actual annual amount of my electricity usage at each SCE service account for which incentives are requested.
9. Equipment Eligible for Incentives: Energy savings and demand reduction resulting from the project must be above and beyond baseline energy performance, which include state-mandated codes, federal-mandated codes, industry-accepted performance standards or other baseline energy performance standards as determined by SCE. Refurbished and/or leased equipment is not eligible for Program incentives. Specific restrictions may apply to each energy efficiency solution, as outlined in the instructions and attached Application forms.
10. Method for Calculation of Incentive Payments: I understand that SCE pays up to 50% of the project cost for Customized Solutions, and up to 100% of the equipment cost for Express Solutions. For Auto-DR Technology Incentives, SCE pays up to $300 reduced (not to exceed 100% of the equipment reasonable cost for the purchase and installation of qualifying equipment) in accordance with the 2012-2014 Auto-DR Technology Incentives Program Guidelines. I further understand that the total calendar year incentive payments to an individual SCE customer cannot exceed $3 million for Customized Solutions and $4.5 million for Express Solutions.
11. Exclusive Nature of These Incentive Payments: To be eligible for Program incentives, I understand that if I am not in good standing on all of my service accounts and contracts with SCE or do not meet the program requirements, SCE may hold my incentives or apply them towards amounts I owe to SCE. I further agree that I will not apply or receive rebates, incentives, or services for the incentive(s) covered by this Application in an amount greater than the total cost of the solution(s). Because the Programs are funded by California utility ratepayers and administered by SCE under the auspices of the CPUC, I may face adverse consequences (i.e., a requirement that I return payments that were made to me or a restriction on my eligibility to participate in other programs) if I violate these restrictions.
12. Estimated Savings May Not Equal Actual Savings: I understand that all energy savings, incentives, and installed costs provided by SCE during the Program Application process are estimates only, and are subject to change based on SCE review and approval and that I am solely responsible for the selection, purchase, installation and ownership of the equipment and services under the Programs.
13. Energy Benefits: As a qualified SCE customer, I certify that the indicated energy savings products are for use in my project site and not for resale. I agree to provide SCE with documents establishing paid proof of purchase and installation of the solution applied for in this Application. I understand the incentive payments are based on related energy benefits over the life of the product. I agree that if (a) I do not provide SCE with 100% of the related energy benefits specified in the incentive form for the life of the product or for a period of five (5) years from receipt of incentive, whichever is less, or (b) I cease to be a customer of SCE during said time period, I shall refund a prorated amount of incentive dollars to SCE based on the actual period of time for which I provided the related energy benefits as an electric customer of SCE.
14. Risk Allocation: I understand that SCE makes no representation or warranty, express or implied, regarding manufacturers, dealers, contractors, materials or workmanship, or Customer’s Authorized Agents. I also understand, and have caused my Customer’s Authorized Agent (if any) to understand, that SCE makes no warranty, express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products or solutions. I agree to indemnify, defend and hold harmless, and hereby release SCE, its affiliates, subsidiaries, parent company, officers, directors, agents and employees of each of them, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any of the programs.
15. I hereby acknowledge the following:
- I confirm that I will/have used a licensed contractor, where applicable, and will/have obtained all required permits for this installation.
16. I hereby acknowledge the following: (select ONLY ONE of the following options and fill in the appropriate information):
- I am SELF-ADMINISTERING this project. Upon project approval, if applicable to requested program(s), I intend to enter into an Agreement with SCE for delivery of energy savings/demand reduction resulting from the installation of energy efficiency and demand response solutions at the project site listed in Section 2 of this Application.
- I have entered into a contract with the Customer’s Authorized Agent indicated below for the installation of energy efficiency and/or demand response solutions at the project site listed in Section 2 of this Application. Upon project approval, if applicable to requested program(s), the Authorized Agent will enter into an Agreement with SCE for delivery of energy savings and/or demand reduction resulting from the installation of these solutions at the project site. I understand that (i) SCE makes no warranty or representation about the Customer’s Authorized Agent’s qualifications; (ii) I am solely responsible for selecting the Customer’s Authorized Agent to implement the project on my behalf; (iii) that the Customer’s Authorized Agent is an independent contractor and not authorized to make any representation on behalf of SCE; and (iv) that SCE will have no role in resolving any disputes between me, the Customer’s Authorized Agent and/or another third parties. I further authorize all contracts and correspondence to be sent directly to the Customer’s Authorized Agent specified.
Customer's Authorized Agent: ____________________________
17. Verification and Certification: I affirm that I am authorized to enter into this Agreement and that I have read, understand, and agree to all of the specific terms, conditions and other requirements and restrictions set forth in this Agreement each of the Programs selected in this Application for my participation. I certify that the information I have provided in the Application that accompanies this Agreement is true and correct, and the project(s) for which I am requesting Program funding meet(s) all applicable requirements as set forth in this Application. Furthermore, I understand and agree that I meet all eligibility requirements for participation in the Program(s) for which I am applying. SCE reserves the right to request additional information to verify Applicant’s eligibility to participate in the Program(s).
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