Greener Water Heater Promotion Terms and Conditions

Greener Water Heater Promotion Terms and Conditions

  1. Installing Contractor business must be an approved participating contractor in the Comfort Ready Home Residential Contractor Network and abide by all terms and conditions in the Contractor Application including maintaining all locally required insurance coverage as applicable (i.e., Construction Contractors Board (CCB), State license if required by law or regulations, worker’s compensation, general liability (residential coverage), and automobile liability). Contractor represents and warrants as of the date of each application for SPIF payments that Contractor has at all times during the relevant period of installation and continues to be in compliance with all requirements to be an approved participating contractor, as described above.
  2. To receive payment, Contractor must provide an IRS Form W-9 request for Taxpayer Identification Number and Certification and valid verifiable email address to receive SPIF (sales performance incentive fund) payments.
  3. Installation Eligibility: Installations must meet all the following requirements. In submitting an application for SPIF payment Contractor represents and warrants that each of the requirements has been met and continues to be true.
    • Installed in a Single-family or manufactured home serviced by a participating utility.
      • New construction homes will not qualify.
      • Multifamily installations will not qualify.
      • Commercial installations will not qualify.
      • Self-installs will not qualify.
    • Installed according to utility program requirements.
    • Installed on or after May 10, 2021 and no later than August 31, 2021.
    • All products installed must be listed on BPA’s HPWH QPL (qualifying product list). Split systems will not qualify.
    • 1 SPIF payment per site address.
    • Contractor agrees to retain, and the Program reserves the right to review, any project completion documentation related to the installed HPWH for a period of 12 months following payment of any SPIF funds.

 

  1. Payments per Contractor business: Payment tier will be determined by the submittal date of an approved Installation Form.
    • $300 for the first installation,
    • $100 for the second through fourth installations,
    • $400 for the fifth installation for a total of $1,000 for all five installs.
    • The sixth and any subsequent installs by the same contractor business will provide $200 for each install.
    • Payments will be made electronically via electronic Gift card to the validated email address provided.
    • Payments will be made no fewer than once monthly.
    • The Program is limited in budget. The Program will try to accommodate timely submissions for SPIF payments, but neither the Program sponsor, the Program administrator, nor anyone else, guarantees or warrants that Contractor will qualify for any level of compensation or achievement of any particular tier as a result of participating in the Program.
    • Total payment to any Contractor business may be capped at 15% of available promotion budget, subject to fund availability and at the discretion of the Program.
  1. Dates for Participation:
    • Contractor must be an approved Comfort Ready Home Contractor prior to first Install Form submission.
    • HPWHs must have been installed on or after May 10, 2021 and no later than August 31, 2021.
    • Install form must be submitted no later than August 31, 2021.
    • Installations completed and install forms submitted after these dates will be rejected.
  1. Agreement:
    • Contractor agrees to comply with all applicable federal, state, local codes and requirements in the installation of the HPWH and in the disposal of all removed materials and equipment.
    • Contractor understands that the Program is not responsible in any way for any aspect of the installation project, except to provide SPIF payments for applications that meet all requirements, as expressly stated in these terms and conditions. CONTRACTOR FURTHER UNDERSTANDS THAT THE PROGRAM MAKES NO WARRANTIES AS TO THE ACTUAL ENERGY OR COST SAVINGS OF HPWH INSTALLATIONS OR ANY OTHER EXPRESSED OR IMPLIED WARRANTIES CONCERNING THE DESIGN OR IMPLEMENTATION OF THE PROJECT.
    • To the fullest extent not prohibited by law, Contractor agrees to indemnify, defend and hold harmless the Program and participating utility and their officers and employees from all expenses (including attorney and other court-related fees), claims, losses, damages or litigation, including personal injury, death or property damage, arising from, or in connection with, the performance of the agreement herein unless said liability is directly caused by the negligence or intentional misconduct of the Program or the participating utility. IN NO EVENT SHALL THE PROGRAM, THE PROGRAM’S SPONSOR, OR THE PROGRAM’S ADMINISTRATOR BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES ARISING WITH RESPECT TO THE PROGRAM OR TO CONTRACTOR’S PARTICIPATION IN THE PROGRAM.
    • Contractor is an independent contractor, and is not, and shall not represent itself as being an employee, partner, member, or affiliated in any way with the Program sponsor or administrator.
    • The Program is not responsible for any tax liability imposed on the Contractor as a result of payments received under this Agreement. The Program does not provide any tax-related advice.

This Agreement is governed by federal  law. This Agreement may not be modified unless both parties agree to the modification in writing. Federal courts shall have exclusive jurisdiction with respect to any disputes arising with respect to the Program, and the parties waive all rights to trial by jury.