By checking the “Accept terms and conditions” box and clicking “SUBMIT,” the undersigned (“you”, “your”) hereby agrees to allow the equipment provider of the EasyGreen™ Sensor (the “Sensor”), BPL Global, Ltd. (“we”, “us”), to install an EasyGreen sensor on your central air conditioning system in accordance with the following terms.
Warranties and Remedies
We warrant that the Sensor will be free from manufacturer’s defects, perform in accordance with the specifications, and will not cause damage to your air conditioning unit. Your SOLE AND EXCLUSIVE REMEDY for a breach of this warranty and our ONLY OBLIGATION shall be, at our sole discretion, (i) the repair of the Sensor; (ii) the replacement of the Sensor with a unit of comparable value; (iii) the removal of the sensor, or (iv) in the event the Sensor caused damage to your air conditioning unit, reimbursement to you of the depreciated value of such air conditioning unit, provided you notify us promptly of any such claims, but in no less than five (5) days after the discovery of any such defect, non-performance or damage. Prior to any repair, replacement or reimbursement, we shall have the right to inspect the Sensor and/or the air conditioning unit to verify the validity of the claim. Any such claim verification shall be subject to our sole and reasonable discretion.
The warranty does not cover any Sensor which: (i) has been misused, subject to unauthorized use, or modified or installed by a party other than us or our authorized representative; (ii) has a defect which results from acts or omissions caused by persons other than us or from products or materials not provided by us; or (iii) has a defect which has not been reported to us as set forth above, or a defect which is not documented by you.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND WARRANTIES OF NONINFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL WE, OUR AUTHORIZED INSTALLER, OR SOUTH SAN JOAQUIN IRRIGATION DISTRICT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR RELATED TO THE SENSOR, THE INSTALLATION, OR THE EASYGREEN™ PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, except with respect to the refund of the depreciated value of the air conditioner pursuant to a valid warranty claim, our liability, our authorized installer’s liability and South San Joaquin Irrigation District’s liability, regardless of the form of the action, shall not exceed the depreciated value of such air conditioning unit on which such claim is based.
Other Conditions
Installation is required as a condition to receiving gift cards. Installation is at the sole discretion of South San Joaquin Irrigation District and its authorized partners. You must be a homeowner with a central air-conditioning system, or have written authorization from the homeowner, to enroll in the EasyGreen program. The level of savings is dependent on a variety of factors and will vary from home to home.
Term
You agree that the Sensors will remain installed for a minimum period of one year following installation. After the one year minimum term, you may request withdrawal from the EasyGreen™ Savings Program in writing to the address below. The Sensors will be uninstalled within 60 days of receipt of such written notification.
Contact Information for the
EasyGreen™ Savings Program
South San Joaquin Irrigation District
11011 E. Highway 120
Manteca, CA. 95366
Phone: 209-249-4650
Email: info@easygreensavings.com
