30% UTILITY SAVINGS GUARANTEE
This 30% Utility Savings Guarantee is provided by Snyder Co., (“SHA”) to you, the original consumer purchaser (“Owner”). The heating and cooling equipment that SHA 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 SHA 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 SHA 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 SHA 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”), SHA 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. SHA 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. SHA will reserve the right to coordinate with you any changes, modifications or enhancements, as deemed appropriate by SHA, to remedy system parameters to ensure proper performance.
This Utility Savings Guarantee is a performance promise by SHA. If you have a claim under this Guarantee, then simply contact SHA at (904) 641-0600 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 SHA system. We will require a copy of this Utility Savings Guarantee, a copy of your sales agreement or purchase order with SHA 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 SHA system. Your utility bills must reflect all the energy you use to heat and cool your home. SHA will then schedule an appointment to inspect the premises and the claim within a reasonable period of time after having received the claim. Following inspection SHA 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, SHA 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 SHA by written request to: 3401 Southside Blvd, Jacksonville, FL 32216.
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:
- Use windows and doors prudently when operating the heating, ventilating, and cooling (“HVAC”) system of your home.
- Follow manufacturer’s instructions regarding operation and service of the HVAC system of your home, including annual inspections and filter replacement.
- Set the thermostat of your home at no higher than 72 degrees F during the heating season and no lower than 72 degrees F during the cooling season.
- SHA at its discretion may refuse any reimbursement amount under this Utility Savings Guarantee if you make or caused to have made any material changes or modifications to your home, its HVAC system and/or its occupancy, deemed by SHA as having a material adverse impact on your home’s energy performance or consumption.
What Is Not Covered
This Utility Savings Guarantee is granted by SHA to the Owner only. This Utility Savings Guarantee assumes normal and reasonable use of SHA installed products or components as designed for the intended purpose conveyed to SHA from Owner. This Utility Savings Guarantee does not cover or apply to damage, workmanship, or material failure beyond the control of SHA including, but not limited to, damage caused by occurrences, such as settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, removal, repair, or re-installation of any SHA-installed products or components by other than SHA, 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.
Installation, removal, repair, adjustment, tampering or re-installation of any SHA products or components by other than SHA voids this Utility Savings Guarantee and warranties within this document, and SHA 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 SHA or any other persons in this regard. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of SHA any obligation, liability, or responsibility in place of or in addition to this Comfort Guarantee. SHA 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.