Energy Efficiency Heat Pump Handout

Energy Efficiency Heat Pump Handout and Service Agreement

Parties

Recitals (WHEREAS)

WHEREAS, Provider is engaged in the business of supplying, installing and servicing energy efficiency heat pump systems and related equipment; and

WHEREAS, Client desires Provider to evaluate, supply and install a heat pump system for the premises identified above and to provide associated maintenance and performance services according to the terms set forth herein; and

WHEREAS, the parties intend this Handout and Service Agreement to document the scope of work, payment terms, performance expectations and legal obligations between the parties effective as of Effective Date: .

Scope of Work

Provider shall perform the following services at the Client premises: evaluate site conditions, design and supply a heat pump system sized for the residence or facility, install equipment and controls, commission the system, and provide a one-year startup service and training for end users. Specific tasks and performance goals are set forth below and further described by the parties in the Scope of Work field.

Installation Checklist (Handout)

The following checklist outlines typical site preparations and items to confirm prior to installation. Provider will review each item with Client and note any deviations.

Confirm dedicated electrical circuit and breaker capacity

Verify mechanical clearance and access for outdoor/indoor units

Confirm routing for refrigerant lines and condensate drainage

Confirm ventilation and combustion appliance interactions (if applicable)

Payment Terms

Client agrees to pay Provider for equipment, labor and services as follows. All amounts are exclusive of applicable sales or use taxes unless otherwise stated.

All undisputed late payments shall accrue interest at the rate stated above, and Provider may suspend performance if Client fails to pay amounts when due after written notice and a ten (10) day cure period.

Term and Termination

This Agreement commences on Start Date and continues until End Date unless earlier terminated in accordance with this section.

Start Date:

End Date:

Either party may terminate this Agreement for cause if the other party materially breaches any obligation and fails to cure within the notice period set forth above. Termination for convenience by Client requires payment for work performed and reasonable demobilization costs.

Confidentiality

Each party shall treat as confidential all non-public technical, financial and business information disclosed by the other party in connection with this Agreement. Confidential information shall not be disclosed to third parties except to employees, contractors or agents who have a need to know and who are bound by confidentiality obligations at least as protective as those contained herein. Confidentiality obligations do not extend to information that is or becomes public other than through breach by the receiving party, or that is lawfully obtained from a third party without restriction.

Client acknowledges that Provider's equipment specifications, control algorithms and commissioning procedures constitute proprietary technical information and agrees not to reverse engineer or publish such information without Provider's prior written consent.

Performance Expectations & Energy Savings

Provider will commission the system to achieve reasonable performance in line with manufacturer specifications and industry practice. The parties acknowledge that actual energy savings depend on site conditions, occupant behavior and weather variation.

Maintenance & Warranty

Provider will perform a startup service and training at completion and offers warranty coverage as stated below. Routine maintenance schedules are recommended to preserve system efficiency and are the Client's responsibility unless a maintenance agreement is separately executed.

Warranty coverage is limited to defects in materials and workmanship under normal use and does not cover damage resulting from improper site preparation, failure to maintain the system, modification by third parties, or acts of God. Warranty remedies are limited to repair or replacement at Provider's option.

Limitation of Liability

Except for liabilities resulting from willful misconduct or gross negligence, each party's aggregate liability for claims under this Agreement shall not exceed the contract amount paid by Client to Provider under this Agreement. Neither party shall be liable for indirect, incidental, special or consequential damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles.

Entire Agreement

This document, together with any attachments, scopes of work and change orders signed by the parties, constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior agreements, representations and understandings, whether written or oral. Any modification must be in writing and signed by both parties.

Acknowledgement

By signing below, the undersigned represent that they are authorized to bind their respective parties, have read and understand the information contained in this Handout and Agreement, and agree to the terms and conditions herein.

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