Terms and Conditions
Trademarks, Copyrights and Restriction
All content, graphics, images, audio and video clips on this site are subject to trademark, copyright and/or other proprietary or intellectual property rights or licenses held by AM Conservation Group, Inc., its affiliates and licensors.
Product Specifications
Product specification(s), posted on this site, or otherwise represented by AM Conservation Group, Inc. may vary and are subject to change without notice. Product suitability, energy, water and dollar savings where provided are believed to be accurate to the best of our knowledge. Actual savings, product performance and product longevity may vary depending upon user application and product specification. The seller makes generalized, not finite representations as to the product savings, life, suitability, or use applicability. It is the buyers’ responsibility to quantify product suitability for applications which require finite specifications unless otherwise represented by the seller.
Warranty
All other goods sold are guaranteed to be free from defects in material and workmanship for a period of 60 days from shipment. Some products may include a longer warranty period; please refer to product packaging or specification sheets for more detailed information. To request a copy of warranty information for a specific product please call customer service at 855-314-9963 or email customercare@efficiencyworksstore.com.
Other than this warranty, seller makes no warranty of any kind, express or implied, including any warranty of merchantability, fitness for purpose or otherwise. The seller shall in no event be liable for any incidental, indirect, special or consequential damages or any kind, in contract, tort or otherwise. The seller’s liability and buyer’s exclusive remedy is limited to the replacement of non-conforming products or payment in an amount not to exceed the purchase price of the specific products for which damages are claimed at the option of the seller.
Governing Law
Jurisdiction and applicable law governed by and interpreted according to the internal laws of the State of South Carolina without regard to choice of law provisions. The parties consent to the jurisdiction of the State and Federal Courts of South Carolina and the effectiveness of Service of Process by Certified United States Mail.
Efficiency Works
Incentives and Request for Payment Terms and Conditions
Participant acknowledges that the Efficiency Works program (“Program”) is a partnership between Platte River Power Authority (“Platte River”) and its owner communities of the Town of Estes Park, the City of Fort Collins, the City of Longmont and the City of Loveland (“Owner Communities”). Platte River manages the Program. By participating in the Program, you acknowledge and agree that your customer data may be shared among the Owner Communities and third-party Program implementors for a variety of purposes. Customer data may include, but is not limited to, name, address, contact information, account number, utility usage data as well as details regarding your participation in the Program or other programs and services offered by Platte River or the Owner Communities. These details may include, but are not limited to, audit results, rebate amounts, and products purchased related to participation. Purposes for which your customer data may be shared or used include, but are not limited to, determining your eligibility for the Program, Program administration, marketing, quality control, providing you with products or services you request, offering you products or services that may be of interest to you, or analyzing your utility usage. Platte River and the Owner Communities may not have control over your customer data and cannot guarantee that it will remain confidential. You acknowledge that you are the owner of the property receiving Program services, or are otherwise eligible to receive Program services, and that you are authorized to consent to the disclosure of the data as specified in this form (“Participant”).
1. To be eligible for electric incentives the project site must be an [RESIDENTIAL/COMMERCIAL] electric customer of Estes Park Power and Communications, Fort Collins Utilities, Longmont Power & Communications, or Loveland Water and Power.
2. To be eligible for water incentives, the project site must be a water customer of Fort Collins Utilities, City of Longmont, or Loveland Water and Power.
3. I have read, understand, and agree to all terms and conditions of the project application, participant eligibility, measure eligibility, and participation procedures for the program outlined in this application and in the applicable program guide.
4. The Participant hereby certifies that this project has been completed to his or her satisfaction, and that this application accurately portrays the project. In particular, the equipment is operational; the application accurately describes the existing and new equipment; all equipment quantities are correct; and the attached invoices accurately reflect the project costs.
5. Participant acknowledges that program procedures, requirements and incentive levels are subject to change or cancellation without notice.
6. Incentive values are based on a combination of projected energy impacts or wattage reduction, estimated product costs, necessary values to encourage market participation and estimated installation costs of the upgrades.
7. Upon reasonable request, Platte River or Owner Communities’ representatives will be allowed access to the site listed in the application to verify equipment installation, characteristics, quantities, and/or performance.
8. The participant understands that Platte River or its Owner Communities cannot pay more than 100% of the project cost for qualified measures.
9. Participant shall reimburse Platte River a pro-rated portion of the incentive should Platte River find, in its sole discretion, that the project has been altered in such a way that its energy savings are reduced. Pro-rating shall be done based on the reduction in energy savings and the incentive rates originally used to determine the incentive. This reimbursement obligation shall remain in effect for two years following the date of the request for payment. If the Participant feels that the project scope needs to be changed in order to maintain adequate system performance, such changes should be made and included in an updated application before submitting the request for payment.
10. Platte River and its Owner Communities reserve the right to claim and own any environmental attribute credits (“Credits”) resulting from the contractors’ projects receiving a benefit or cash incentive from Platte River and/or its Owner Municipalities. Credits include any credits, credit certificates, efficiency credits, white tags, carbon or greenhouse gas credits, offsets, or allowances, and environmental air quality credits, offsets, allowances. Credits do not include any state tax credits, investment tax credits, and any other tax credits or tax benefits that are or will be generated by or related to the project.
11. For the avoidance of doubt, you agree that Platte River does not provide any guarantee or warranty with respect to the products or services, including, without limitation, any guarantee or warranty that the products or services will result in impacts to energy usage or cost implications. Platte River makes no warranties for materials provided by or work performed by Participant’s contractors, vendors, consultants, or Participant’s own employees. Platte River is not responsible for errors in or misrepresentations of the incentive amount by contractors, consultants, or vendors.
12. Participant is responsible for securing any permits for work funded through this program as required by local codes. Participant shall comply with all applicable federal, state, and local regulations, ordinances, and statutes.
13. Participant agrees to ensure that potentially hazardous or regulated wastes (e.g., PCB-containing ballasts, fluorescent lamps, high-intensity discharge lamps, refrigerants, batteries, etc.) are handled and disposed of in compliance with applicable federal, state, and local laws and regulations.
14. In consideration of receiving the incentives stated herein, Participant shall indemnify, protect, defend, and hold harmless, Platte River, its board members, directors, officers, employees, partners, principals, contractors, agents, and representatives, from and against any and all claims, costs, damages, demands, expenses, fines, judgments, liabilities, losses, penalties, and remedial actions of any kind, including but not limited to, reasonable attorneys' fees and the costs of defense arising, directly or indirectly, in whole or in part, out of Participant participation in the Program, the performance of the measures, or the provision of assistance and incentives by Platte River related to the Program.
15. Incentive funds will be reserved for no more than 45 days beyond the estimated completion date listed in this application and no more than 45 days beyond building occupancy for new construction/major renovation projects Participant shall notify Platte River immediately if completion of the project is expected to be delayed beyond this time. Platte River will seek to provide funds for projects that are delayed, provided such funds are available, but is under no obligation to do so.
16. Participant shall require that all parties, contractors, or subcontractors implementing the proposals and/or installing the measures that are the subject to this Agreement maintain comprehensive general liability insurance in amounts not less than $500,000 each person / $1,000,000 each occurrence for bodily injury, and $500,000 each occurrence / $1,000,000 in aggregate for property damage. If the Participant is implementing the proposals and / or installing the measures, the Participant shall maintain insurance in the amounts specified herein.
17. Participant acknowledges that neither Platte River or its consultants are responsible for the calculation, collection, or distribution of any tax credits, tax deductions, or third-party rebates that you may be eligible to receive for energy efficiency or renewable energy measures, and that neither Consultant nor Platte River can or have given any advice regarding Federal or state tax consequences.
18. Participant agrees to receive future correspondence via information listed in this application regarding Program offerings.
19. Platte River and/or its representatives may include a description of this project, including the nature and extent of Participant’s participation and other project details in its case studies, brochures, press release, its web site advertisements and other marketing materials presented to the public.
20. These Terms and Conditions, any Program manuals and any other application forms submitted by the Participant constitute the entire agreement between the parties concerning the subject matter hereof. No prior representation, promises, statement, warranties, understandings, or agreements concerning the subject matter hereof shall modify or effect these Terms and Conditions.
21. Participant acknowledges that Participant either (1) is the owner of the property receiving Program services or (2) has obtained the written permission of the property owner as required to receive Program services for the property.
