This 30% Utility Savings Guarantee is provided by Comfort Air Heating Cooling & Plumbing LLC (“CA”) to you, the original consumer purchaser (“Owner”). The heating and cooling equipment that CA installs to your home will save you at least thirty percent of your heating and/or cooling costs for your home during the one year period beginning as of the date of your installation, or CA will pay to you twice (2x) the missing savings, subject only to the terms and conditions contained in this document.
This heating and cooling cost is based only on the utility rates and does not include taxes, surcharges, or other fees charged by your utility provider. This savings performance guarantee is based on your home’s historic energy consumption for the twelve-month period prior to the month of installation of the CA system (the “Base Year”). The historic data is taken from your energy bills as provided to you by your energy provider. This Utility Savings Guarantee is not valid unless and until the Owner has made full payment under the original CA sales agreement and all addenda thereto.
How to File a Claim
If your energy costs during the one year period beginning as of the first full month following the date of your installation (the “Annual Period”) are not at least thirty percent less than the costs of the Base Year (the “Pledged Savings”), CA will pay you 200% of the difference (the “Reimbursement Amount”). The Reimbursement Amount will be calculated using the utility rates in effect at the time of installation, excluding taxes, surcharges, and other fees charged by your utility provider. CA may, but is not required to, inspect and meter your home as it reasonably deems appropriate to identify the sources of energy use in your home. CA will reserve the right to coordinate with you any changes, modifications, or enhancements, as deemed appropriate by CA, to remedy system parameters to ensure proper performance.
This Utility Savings Guarantee is a performance promise by CA. If you have a claim under this Guarantee, then simply contact CA at (912) 927-7000 with a brief explanation of the stated claim or concerns. Claims must be filed no later than the 400th day following the date of installation of the CA system. We will require a copy of this Utility Savings Guarantee, a copy of your sales agreement or purchase order with CA, and submission of your energy bills as provided to you by your energy provider for the twelve-month period prior to the month of installation of the CA system. Your utility bills must reflect all the energy you use to heat and cool your home. CA will then schedule an appointment to inspect the premises and the claim within a reasonable period of time after having received the claim. Following an inspection, CA will calculate whether you are entitled to receive a Reimbursement Amount under this Utility Savings Guarantee by calculating the energy use during the Annual Period and then comparing this energy use to the energy consumed during the Base Year. The energy consumption during the Annual Period is subtracted from the energy consumed during the Base Year; the difference is then divided by the energy used during the Base Year to arrive at the percentage saved.
If appropriate, CA may also exclude energy use not related to heating and cooling your home, such as seasonal use of pools and spas, and to account for any change in energy rates or energy use for heating and cooling your home related to any material changes or modifications to your home or its occupancy. A sample worksheet showing the calculation method described above may be obtained from CA by written request to 9 Executive Circle, Savannah, GA 31406.
Owner Responsibilities
Your actions can greatly affect energy use in your home. You are not covered under this Utility Savings Guarantee unless you exercise prudent energy management for your home. As a condition to maintaining this Utility Savings Guarantee, you agree to:
What Is Not Covered
This Utility Savings Guarantee is granted by CA to the Owner only. This Utility Savings Guarantee assumes normal and reasonable use of CA installed products or components as designed for the intended purpose conveyed to CA from Owner. This Utility Savings Guarantee does not cover or apply to damage, workmanship, or material failure beyond the control of CA including, but not limited to, damage caused by occurrences, such as the settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, removal, repair, or re-installation of any CA-installed products or components by other than CA, corrosive effects of salt air and chemical pollutants, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquake, hurricanes atmospheric conditions or weather of catastrophic nature as defined by the US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution. This Utility Savings Guarantee also will not apply to damages resulting from the failure to provide reasonable maintenance, including failure to clean the product or maintain the product as reasonably necessary.
Additional Understandings
Installation, removal, repair, adjustment, tampering, or re-installation of any CA products or components by other than CA voids this Utility Savings Guarantee and warranties within this document, and CA expressly disclaims any liability for any costs, defects, or damages with respect to such actions. This Utility Savings Guarantee constitutes the entire agreement and understanding between the parties as to the subject matter discussed herein and supersedes any and all prior agreements, understandings, promises, and/or representations made with or to you by CA or any other persons in this regard. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of CA any obligation, liability, or responsibility in place of or in addition to this Comfort Guarantee. CA and Owner agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under or relating to this Utility Savings Guarantee, including by way of example and not as a limitation the validity of this Agreement or its terms, may, at the option of either party, be adjudicated by confidential and binding arbitration under one arbitrator in accordance with the Code of Procedure of the Forum in effect at the time the demand for arbitration is made. Notice of the demand for arbitration will be filed with the Forum (www.adrforum.com) by the party asserting the Claim, and the demand will be copied to the other party to this Agreement. Owner agrees that Owner will assert a Claim only on behalf of Owner’s own self and not on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action, or in any other forum or action.
