1. Definitions(a) “Program Administrator” means Westfield Gas +
Electric Light Department.(b) “Customers” are residential or commercial natural
gas customers of the Program Administrator on a
qualifying rate classification.(c) “Rebate” means those payment(s) made by the Program
Administrator to Customers
pursuant to the Program and these Terms and Conditions.(d) “Program” means the energy efficiency program
offered by the Program Administrator to Customers.(e) “EEMs” are those
energy efficiency measures
described in the Program
Materials or other custom measures
that may be approved by the Program Administrator.(f) “Program
Materials” means the documents and information provided by the Program
Administrator specifying the qualifying EEMs, technology requirements, costs and other Program requirements
2. Customer Eligibility(a) You
must be an eligible Customer
of a Program Administrator to participate and qualify for a Rebate.(b) Equipment purchases and installations
made within a rolling twelve-month period i.e.- April 1, 2021, to April 1, 2022
are eligible for Rebates. This twelve-month period continues with current month
being the qualifying month.(c) Equipment must be installed by a licensed
heating or plumbing
contractor at the Customer’s address listed on the rebate form.(d) All rebate forms in connection with
the Program must be properly completed with all required signatures and
documents and be received by the Program Administrator or its representatives
within twelve months of installation.
3. Installation VerificationThe Program Administrators or its
representatives, reserves the right to perform pre- and post- installation
monitoring and inspection of the installed equipment for a three-year period
following the completion of the installation in order to determine the energy
savings. If the Program Administrator determines that any EEMs were not
installed in accordance with program requirements, the Program Administrator
shall have the right to require modifications before having the obligation to
make any Rebate payments. To the extent applicable, the Program Administrator
may, at its sole discretion, withhold payment of any Rebate until Program
Administration verifies that the Customer has received, as appropriate, final
drawings, operation and maintenance manuals, and operator training, and the
Program Administrator has received documentation detailing the installation of
the EEMs in accordance with these Terms and Conditions and the Program
Materials. The Customer shall provide access and information to the Program
Administrator and reasonably cooperate in good faith with the Program
Administrator regarding such activity. The Customer understands that the scope
of the review by the Program
Administrator does not include any
kind of safety, code, or other compliance review or inspection and the Program
Administrator shall be held harmless by the Customer, as provided in 7 below,
for any safety, code, or other compliance issues.4. No
Warranties or Representations(a) TO THE FULLEST
EXTENT ALLOWED BY LAW, THE PROGRAM ADMINISTRATOR DOES NOT ENDORSE, GUARANTEE,
OR WARRANT ANY CONTRACTOR, MANUFACTURER OR PRODUCT, AND THE PROGRAM
ADMINISTRATOR MAKES NO WARRANTIES OR GUARANTEES IN CONNECTION WITH ANY PROJECT,
OR ANY SERVICES PERFORMED IN CONNECTION HEREWITH OR THEREWITH, WHETHER
STATUTORY, ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER SHALL SURVIVE ANY CANCELLATION, COMPLETION, TERMINATION OR
EXPIRATION OF THE CUSTOMER’S PARTICIPATION IN THE PROGRAM. CUSTOMER
ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL
MANUFACTURERS’, LICENSORS’, OR PROVIDERS’ OF MATERIAL, EQUIPMENT, OR OTHER
ITEMS PROVIDED OR USED IN CONNECTION WITH THE PROGRAM UNDER THESE TERMS AND
CONDITIONS, INCLUDING ITEMS INCORPORATED IN THE PROGRAM, (“THIRD PARTY
WARRANTIES”) ARE NOT TO BE CONSIDERED WARRANTIES OF THE PROGRAM ADMISTRATOR AND
THE PROGRAM ADMINISTRATOR MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES
AS TO THE APPLICABILITY OR ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. THE TERMS OF THIS SECTION SHALL GOVERN OVER ANY CONTRARY VERBAL STATEMENTS OR LANGUAGE APPEARING
IN ANY PROGRAM ADMINISTRATOR’S OTHER DOCUMENTS.(b)
Neither the Program Administrator nor any of its employees or contractors is
responsible for determining that the design, engineering or installation of the
EEMs is proper or complies with any particular laws, codes, or industry
standards. The Program Administrator does not make any representations of any
kind regarding the benefits or energy savings to be achieved by the EEMs or the
adequacy or safety of the EEMs.(c) Customer acknowledges and agrees that it is solely responsible
(directly-based on its own judgment or indirectly-based on the advice of its
independent expert (not the Program Administrator) for all aspects of the EEMs
and related work including, but not limited to: selecting the equipment;
selecting contractors to perform the work; inspecting the work and the
equipment; ensuring that the equipment is in good working order and condition;
ensuring that the equipment is of the manufacture, design specifications, size
and capacity selected by the Customer and that the same is properly installed
and suitable for Customer’s purposes; and determining if work was properly
performed and meets Program requirements and applicable laws, regulations and
codes.(d) Customer agrees and shall survive
the termination, cancellation or completion of the Customer’s participation in
the Program and acknowledges that Program Administrator is not a manufacturer
of, or regularly engaged in the sale or distribution of, or an expert with
regard to, any equipment or work.(e) The provisions of this Section 4
5. Changes
to High-Efficiency Equipment Rebate ProgramThe Customer understands that the Program is subject to change
by the Program Administrator, at its sole discretion, without prior notice to
the Customer. The Customer further understands that Rebate offers may increase or decrease at any time. 6. Tax LiabilityParticipants in the Program may be subject to tax liability for the
value of goods and services received through the Program pursuant to state or
federal income tax codes. The Program Administrator and the rebate administrator are not responsible for any tax liability which may be imposed
as a result of receipt
of the Rebates provided by the Program Administrator to the Customer.
Customer is encouraged to discuss its tax liabilities with Customer’s tax advisor.The Customer shall indemnify, defend and hold
harmless Program Administrator, its affiliates and their respective contractors, officers, directors, employees, agents, representatives from and
against any and all
claims, damages, losses and expenses, including reasonable attorneys' fees and
costs incurred to enforce this indemnity, arising out of, resulting from, or
related to the Program or the performance of any services or other work in
connection with the Program (“Damages”), arising directly or indirectly out of
or in connection with the installation or related services and material or
caused or alleged to be caused in whole or in part by any actual or alleged act
or omission of the Customer, any contractor, subcontractor, agent, third party,
or anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable. The provisions of this Section 7 shall survive
the termination, cancellation or completion of the Customer’s participation in
the Program.
2.
8. Limitation of Liability
To the fullest extent allowed by law, the
Program Administrator’s liability shall be limited to paying approved Rebates
in accordance with these Terms and Conditions and the Program Materials. The
Program Administrator and its affiliates and their respective contractors,
officers, directors, employees, agents, representatives shall have absolutely
no liability to the Customer or any other party for any other obligation. In no
event, whether as a result of breach of contract, tort (including negligence
and strict liability), or any other theory of recovery shall the Program
Administrator be liable in connection with this Agreement or the Program for
any or all special, indirect, incidental, penal, punitive or consequential
damages of any nature whether or not (i) such damages were reasonably
foreseeable or (ii) the Program Administrator
was advised or aware that such damages
might be incurred.
The provisions of this Section 8 shall survive the termination,
cancellation or completion of the Customer’s participation in the Program.
To the fullest extent allowed by law and as part
of the consideration for participation in the Program, the Customer waives
and releases the Program
Administrator and its affiliates from all
obligations (other than payment of a Rebate(s)), and for any
liability or claim associated with the EEMs, the performance of the EEMs, the
Program and associated work or items, or these Terms and Conditions. The
provisions of this Section 9 shall survive the termination, cancellation or
completion of the Customer’s participation in the Program.
The Program Administrator shall provide
Rebate(s) for approved equipment up to the rebate amount indicated in the
Customer’s application. Projects greater than five (5) or more units and/or
$25,000 in Rebates require pre-approval from the Program Administrator for
rebate funds to be reserved. WG&E reserves
the right to credit those accounts
which are not current, instead
of issuing a rebate
via US Mail.
5. 11. Monitoring and Inspection
The Program Administrators or its
representatives, reserves the right to perform pre- and post- installation
monitoring and inspection of the installed equipment for a three-year period
following the completion of the installation in order to determine the energy
savings. The Customer shall provide access and information to the Program Administrator and
cooperate with the Program Administrator regarding such activity. The scope of
the review by the Program Administrator does not include any kind of safety, code, or other
compliance review or inspection. The provisions of this Section 11 shall
survive the termination, cancellation or completion of the Customer’s
participation in the Program.
(a) Paragraph headings
are for the convenience of the parties only and are not to be construed as part
of these Terms and Conditions.
(b) If any
provision of these Terms and Conditions is deemed invalid by any court or
administrative body having
jurisdiction, such ruling shall not invalidate any
other provision, and the remaining provisions shall remain in full force and
effect in accordance with their terms.
(c) These Terms and Conditions
shall be interpreted and enforced according to the laws of the Commonwealth of Massachusetts.
(d) In the event of any conflict
or inconsistency between
these Terms and Conditions and any Program Materials, these Terms and
Conditions shall be controlling.
(e) Except as
expressly provided herein, there shall be no modification or amendment to these
Terms and Conditions or the Program
Materials unless such modification or amendment is in writing and signed by a
duly authorized officer of the Program Administrator.
(f) The provisions of Sections 3,4, 6, 7, 8 ,9 and 11 and any other provision
that specifies by its terms that
it survives termination, shall survive the termination or expiration of the
Customer’s participation in the Program.
(g) Counterpart Execution; Scanned Copy. Any and all agreements and
documents requiring signature related to the Program may be executed in several counterparts, each of which, when
executed, shall be deemed to be an original, but all of which together shall
constitute one and the same instrument. A scanned or electronically reproduced
copy or image of such agreements and documents bearing the signatures of the
parties shall be deemed an original and may be
introduced or submitted in any action or proceeding as competent evidence of
the execution, terms and existence of such agreements and documents notwithstanding the failure or inability to produce or tender an original, executed
counterpart of the same and
without the requirement that the unavailability of such original, executed
counterpart of the same first be proven.