5. GENERAL BUSINESS PRACTICES
As a condition of good standing in the HPIN, the Participating Contractor agrees to abide by the following general business practices:
a) Respond to Customer communications in a timely, responsible manner (generally within 3 business days);
b) Report heat pump project installations promptly and accurately to the Program Vendor;
c) Maintain (and promptly make available to the Program Vendor and the Sponsors upon request) complete and accurate records of heat pump project installations performed for a minimum of three years from the date of completion of installation, including documentation of customer contracts and correspondence, employees who performed work, records of data collected, visits made, materials furnished or installed, costs incurred, invoices, and any photographs or measurements taken;
d) Properly set and fulfill Customer expectations and perform all work in a timely manner and to Customers’ satisfaction;
e) Include all required elements in Customer invoices, in accordance with the most current version of a sample invoice provided by the Program Vendor (see attached);
f) Ensure that all personnel conduct themselves in a professional manner when interacting with Customers and with staff of the Sponsors and the Program Vendor;
g) Comply at all times with the most current Program directives issued by the Sponsors and the Program Vendor;
h) Properly and fully present HPIN features and benefits to Customers so that Customers can make fully informed decisions about eligible incentives and implementation of heat pump measures;
i) Refrain from inaccurate characterizations of the Program, the Sponsors, the Program Vendor, or the HPIN, including but not limited to refraining from holding itself out to be agents or employees of the Sponsors, the Program Vendor, or the Program;
j) Comply with the Sponsors’ and the Program Vendor’s marketing and communication guidelines, including refraining from using any Program logo in promotions or advertising without the prior express written consent of the Program Vendor;
k) Refrain from communicating with the media about the HPIN or the Program, and instead refer all media inquiries to the Program Vendor;
l) Provide, for any equipment installed, the manufacturer’s warranty plus optional extended warranty coverage, if applicable;
m) Promptly notify the Program Vendor if any disputes arise with Customers regarding allegations of improper work performed or improper business practices, including but not limited to lawsuits, claims, or legal demands, and cooperate with the Program Vendor to resolve disputes expeditiously and amicably to the satisfaction of Customers and to avoid negative publicity associated with the Program or the HPIN;
n) Perform all work in a safe manner, taking all necessary and advisable precautions for the safety of all persons and property at, on, or near work sites, including erecting and maintaining all necessary and advisable safeguards as required by the conditions, prudent industry practice, and progress of the work (the Participating Contractor shall be solely and exclusively responsible for safety at work sites and for compliance with any and all federal, state, and local safety laws, ordinances, regulations, and rules relating to performance of work, including but not limited to OSHA, and shall ensure that any subcontractors take similar precautions to avoid injury to persons or damage to property);
o) Maintain all Program-required certifications and insurance coverages continuously, immediately inform the Program Vendor of any changes (including but not limited to expiration or cancellation), and promptly provide updated documentation to the Program Vendor accordingly.
p) Include all information and disclosures required by the Program Vendor on each Customer invoice. If the Participating Contractor (including its subcontractors) applies for and intends to collect a rebate on behalf of a Customer, the Participating Contractor must disclose the rebate amount on the Customer’s invoice and must credit that amount to the Customer as an instant rebate without delay.
6. POST-INSTALLATION WORK VERIFICATION AND QUALITY ASSURANCE
The Participating Contractor acknowledges and agrees:
a) That heat pump installations, including records that the Participating Contractor is required to maintain, may be subject to inspection by the Sponsors or the Program Vendor prior to rebate payment;
b) That failure to abide by Program requirements and procedures, including submitting necessary documents in a timely manner and cooperating with post-installation inspections, may jeopardize the Participating Contractor’s ability to receive Heat Pump Incentives or offer financing under the Program.
The Participating Contractor agrees to allow the Sponsors and the Program Vendor, including any third-party vendors designated by the Sponsors or the Program Vendor, to conduct field inspections of work that the Participating Contractor has performed for quality assurance, customer satisfaction, claims resolution, or other purposes related to assessing the Participating Contractor’s good standing in the HPIN.
The Participating Contractor, upon notification of the Sponsors or the Program Vendor, and at no additional cost to the Customer, shall make reasonable repairs or corrections to work that the Participating Contractor has performed to bring such work up to HPIN standards or to address health or safety concerns, as determined by the Program Vendor in its sole discretion. All non-emergency corrections must be completed within 30 days of notification, and all corrections related to health and safety concerns must be made immediately. This requirement shall survive the termination of this Agreement.
The Participating Contractor acknowledges that the Sponsors or the Program Vendor may issue post-installation customer satisfaction surveys for the purposes of determining future Program design and marketing activities.
7. USE OF SUBCONTRACTORS
To the extent that use of subcontractors is permitted by the Program Vendor in connection with work performed under the Program (which permission may be withheld or contingent upon prior written approval by the Program Vendor in its discretion), the Participating Contractor is responsible for all of the work performed by its subcontractors, including ensuring that subcontractors adhere to all HPIN policies and standards set forth herein to at least the same degree of diligence exercised by the Participating Contractor itself.
Upon request by the Sponsors or the Program Vendor, the Participating Contractor agrees to provide information regarding subcontractors providing services in connection with work performed under the Program, including but not limited to subcontract agreements, ownership and demographic data, full description of the nature of the subcontractor relationship, proof of completion of work, and other information requested.
The Participating Contractor acknowledges and agrees that it cannot engage as a subcontractor to any company or individual that has been suspended or terminated from the HPIN or from any Program offered by the Sponsors, including any company in which a suspended or terminated individual holds an ownership interest or entitlement to compensation related to the performance of work under the Program.
To the extent that the Participating Contractor i) is a Rebate Processing Organization, or ii) subcontracts with a Rebate Processing Organization in connection with work performed under the Program, the Participating Contractor agrees and acknowledges that rebate liability is subject to the terms agreed upon by the Participating Contractor and the Rebate Processing Organization, and neither the Sponsors nor Program Vendor assume any liability for rebates or rebate processing. Further, any Rebate Processing Organization participating in the Program shall not advertise or represent that the state endorses or supports their company or platform. Participation in the Program does not constitute state endorsement, and this distinction must be clearly maintained in all marketing and communications.
8. LIMITATION OF LIABILITY AND INDEMNITY
TO THE FULLEST EXTENT PERMITTED BY LAW OR REGULATION, THE PARTICIPATING CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE SPONSORS AND THE PROGRAM VENDOR, INCLUDING THEIR PARENTS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS (COLLECTIVELY, “HPIN INDEMNITEES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, CLAIMS, DAMAGES, FINES, PENALTIES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), DEMANDS, AND CAUSES OF ACTION OF EVERY KIND OR CHARACTER (“LOSSES”) ARISING, OR ALLEGED TO HAVE ARISEN OUT OF, ANY CLAIMS (JUST OR UNJUST) RELATING TO A BREACH OF OR AN ACT INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT OR THE ACTS OF, OMISSIONS OF, OR WORK PERFORMED BY THE PARTICIPATING CONTRACTOR, INCLUDING ITS EMPLOYEES AND/OR SUBCONTRACTORS, OR COMPLIANCE WITH THE RESIDENTIAL CONSERVATION SERVICES (RCS) STATUTE.
THE MAXIMUM TOTAL LIABILITY OF THE HPIN INDEMNITEES TO THE PARTICIPATING CONTRACTOR FOR ALL CLAIMS OF ANY KIND, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES ARISING OUT OF, OR IN CONNECTION WITH, THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000.00 (ONE THOUSAND DOLLARS).
THE HPIN INDEMNITEES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE PARTICIPATING CONTRACTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES.
THE PARTICIPATING CONTRACTOR SHALL HOLD EACH OF THE HPIN INDEMNITEES HARMLESS FROM ANY LOSSES ARISING FROM WORK PERFORMED IN CONNECTION WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR SUIT RESULTING FROM MECHANICAL EQUIPMENT COMBUSTION SAFETY, INDOOR AIR QUALITY, ASBESTOS, LEAD ABATEMENT, MILDEW, FUNGUS, MOISTURE INTRUSION, OR MOLD OF EVERY TYPE AND NATURE.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.