Home Energy Suite

BROWNSVILLE PUBLIC UTILITIES BOARD

Home Energy Audit Program Terms and Conditions

These Home Energy Audit Program Terms and Conditions (the “Terms and Conditions”) apply to your application for, and participation in, the Home Energy Audit Program (the “Program”), with Brownsville Public Utilities Board (“BPUB”). For the purpose of these Terms and Conditions, the term “BPUB” refers to the Brownsville Public Utilities Board, and the term “you/your” refers to you as an applicant for, and participant in (if applicable), the Program, which involves residential home energy audits for residential electric customers of BPUB.

Please read these Terms and Conditions carefully before applying for the Program.

Eligibility

· The Program is available only to residential electric customers of BPUB living in single family residences with an active BPUB residential account. Rental Properties and multi-dwelling (ex: duplex, townhome, or apartment complex) properties do not qualify.

· The applicant must be the account holder. BPUB reserves the right to verify that the applicant has an active account with BPUB.

· The property subject of the application cannot have had a Home Energy Audit under the Program within the last (five) years.

Changes/Cancellation

You understand that the Program:

· Is subject to change without prior notice, at any time and, accordingly, that these Terms and Conditions are subject to change without prior notice, to reflect the Program changes.

· BPUB may change the program requirements, or terms and conditions, including suspending acceptance of applications or terminating the Program, at any time without prior notice.

· In the event BPUB is rendered unable, wholly or in part, by force majeure or other causes herein specified to carry out the Program under these Terms and Conditions, BPUB’s obligations under these Terms and Conditions shall be suspended during the continuance of such inability, or BPUB may, at its option, terminate your participation in the Program. The term force majeure as employed herein means acts of God or any other causes not reasonably within the control of BPUB

Scope of Program

The Program includes:

· An audit and inspection of your home’s energy usage, identification of air leaks, insulation levels and the efficiency of heating and cooling systems.

· The audit will collect data of energy usage, appliance efficiency, and other relevant household information.

· Audit data will be used solely for the purpose of providing energy efficiency recommendations and will be handled in accordance with Brownsville Public Utilities Board privacy policy.

· A report with recommendations for improving energy efficiency will be provided at the conclusion of the audit.

Fee for Participation in Program

Participation in the Program is at no cost to you. Any recommendations for upgrades or improvements to improve energy efficiency are solely your financial responsibility, and you are under no obligation to implement any of the recommendations from the audit.

Application

Your Program application must include all requested information; incomplete or missing information may result in the delay or denial of your application; and false information may result in denial of your application. By completing and submitting the application, you represent and warrant to BPUB that all

information you provide is true and correct in all respects.

Applications are accepted on a first-come, first-served basis. Completion of an application is no guarantee of your acceptance to participate in the Program.

Approval

BPUB reserves the right to verify performance of the energy audit and to contact you to follow up on any recommendations that were implemented.

Scheduling of the Energy Audit

You will be contacted by BPUB to schedule the audit within three (3) to seven (7) business days from the approval of your application. To avoid missing the call to schedule your audit, its important to save the following phone number to your phone: (956)622-1503. Only two attempts will be made to schedule an appointment. If you cannot be reached, your audit submission will be cancelled and you will need to submit a new application. If an appointment is scheduled but you are not available at the scheduled time, your audit submission will be cancelled and you will need to submit a new application.

Performance of the Energy Audit

You must be present at all times during the audit to provide access to necessary areas in your home. Please note that the energy audit could take 2-4 hours, but the lengthy of time will vary depending on your home.

You understand that the audit will be conducted by a third-party Auditor that is an independent contractor (hereinafter “Auditor”), and it is your responsibility to ensure that your residence is compliant with all federal, state, and local building, fire, and safety codes and regulations; the Auditor and/or BPUB in their sole discretion, may refuse to perform an energy audit on any residence that appears to be in conflict with such codes and regulations, or upon the discovery of unforeseen conditions which prevent the Auditor from safely conducting an audit.

You are responsible for ensuring that any areas that need to be accessed by the Auditor are accessible and safe for the Auditor. You understand that the Auditor will be required to access various parts of your residence to complete the audit, (including but not limited to the garage, basement, attic, windows doors, and most rooms in the home) and agree to allow for such access and to take necessary steps to secure any sensitive or valuable items. BPUB will not be responsible for any lost or missing items. If there is an area of the home you do not wish to be included in the audit, please advise the Auditor before the audit begins.

You will be asked questions by the Auditor about your home and family’s energy usage habits, all of which will be related to energy usage, and necessary for performing the audit. Your past energy use, including past billing history, will be provided to the Auditor, and you consent to the release of this information to the auditor for purposes of conducting the audit.

No Endorsement

The Auditor will prepare a report with the audit result and recommendations for improving energy efficiency of your home at the conclusion of the audit (“Audit Report”). The Audit Report will be provided to BPUB and emailed to you by BPUB within five (5) to ten (10) business days after the audit. BPUB is not responsible for lost documentation pertaining to the delivery of the report. The Audit Report and the information in the report is provided for informational purposes only to assist you in evaluating energy efficiency measures you may choose to implement. BPUB is not responsible for any inaccuracies or omissions in the Audit Report. BPUB does not endorse the use of any particular manufacturer, products, services, or system designs.

Before installing any equipment or modifying any operation parameters for equipment at your home

as a result of the audit, you are responsible for being in compliance with all local, state and federal codes, statutes, and legislation. In addition, be sure to check manufacturers’ recommendations and warranty information to ensure that you are in compliance with installation and operating guidelines specific to any equipment or services.

Information Release

By applying for the Program, you consent to the collection and use of your data as set forth herein.

You agree that BPUB may share your name, contacted information including email address and phone numbers (as applicable), service address, and energy usage information, including past billing history and energy usage, to the Auditor. You agree that BPUB may include your name, services performed under the Program, resulting energy savings, and related information in reports or other documentation to governmental agencies and authorities requiring such information. In all other cases, BPUB will treat information gathered in evaluations as confidential and report such information only in the aggregate, including in reports and submissions made to non-governmental entities in connection with BPUB’s energy efficiency initiatives. You understand and agree that BPUB and/or its representatives may include a description of this Program, your involvement in the program, and other Program details in its case studies, brochures, press releases, advertisements, and marketing materials presented to the public.

Disclaimer of Warranties; Limitation of Liability

BPUB HEREBY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF GOOD AND WORKMANLIKE SERVICES) WITH RESPECT TO THE AUDIT AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS OR PROMISES MADE BY THE AUDITOR, AND IS NOT RESPONSIBLE FOR ANY WARRANTIES FOR ANY EQUIPMENT, MATERIALS, OR LABOR REQUIRED FOR THE INSTALLATION OF THE EQUIPMENT ON THE PREMISES, SHOULD YOU PROCEED WITH ANY RECOMMENDATIONS.

Because of the variability and uniqueness of individual energy use, it is not possible to predict exact energy savings (if any) that may accrue to you from the Program. BPUB, by sponsoring the Program, does not warrant that the services, equipment or recommendations provided to you through the audit will achieve any reduction in energy costs to you.

BPUB neither expressly nor implicitly warrants nor assumes any legal liability or responsibility for the performance, quality, safety, installation, or estimated energy and/or cost savings of the Program or any Services performed, or equipment installed by you as a result of the audit. In no event and under no circumstance shall BPUB be liable to you for any damages, including but not limited to indirect, consequential, special, punitive or incidental damages, arising out of the Program, whether in contract, tort (including negligence), or any other theory of recovery. BPUB shall not be responsible for any of the work of any other persons or entities performing services under the Program who are not employees of BPUB.

INDEMNIFICATION

AS PART OF THE CONSIDERATION FOR RECEIPT OF THE BENEFITS OF THE PROGRAM, YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS BPUB AND ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, AGENTS, DIRECTORS, OFFICERS, SUCCESSORS AND ASSIGNS FOR, FROM, AND AGAINST ALL THE LIABILITIES, CLAIMS, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS AND LIABILITY OF WHATEVER KIND OR NATURE, INCLUDING EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM, A BREACH OF THESE TERMS AND CONDITIONS, ANY FALSE OR MISLEADING INFORMATION IN THE APPLICATION YOU COMPLETED IN CONNECTION WITH THE PROGRAM, AND ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING OR RESULTING FROM YOUR NEGLIGENCE OR WILLFUL

MISCONDUCT IN CONNECTION WITH THE PROGRAM, WHETHER SUCH LOSS, CLAIM, INJURIES, DEATHS, OR DAMAGES ARE CAUSED IN PART BY THE NEGLIGENCE OF BPUB, ITS REPRESENTATIVES, AGENTS, EMPLOYEES.

Ownership of Property

You represent and warrant to BPUB that you are the owner of the residence for which you have applied to receive an audit under the Program, and that you have all right, power, and authority to provide access to the residence and to authorize the performance of the audit being provided by the Program.

Right to Refuse Service

BPUB and/or the Auditor has the right to refuse to perform the audit and may end the audit in their sole discretion in the event that BPUB or the Auditor determines that conduct or continuing the audit may be unsafe, unlawful, inappropriate, or not in compliance with these Terms and Conditions. Inappropriate behavior that may justify termination of the audit includes, but is not limited to, unreasonable demands for service, threatening or offensive language, threatening or erratic behavior, and inappropriate contact.

Applicable Law and Disputes

These Terms and Conditions and the Program shall be governed by and construed in accordance with the laws of the State of Texas (without reference to its choice of law provisions), as they apply to agreements made and performed in the States of Texas, as applicable. All disputes concerning these Terms and Conditions and the Program shall be heard in either the Judicial District Courts of the State of Texas, and each of the parties hereby waives any objection that it may have to the laying of venue in such courts.

Miscellaneous

These terms and conditions constitute the agreement between you and BPUB and supersede all other communications and representations.

By submitting an application for the Home Energy Audit, you agree to these terms and conditions and you acknowledge that you have read, understand and agree to the above terms and conditions. Use of an electronic signature process, including your indication of acceptance by a click-through or click-wrap process presented during the application process, shall constitute effective execution and delivery of these terms and conditions.

If You Do Not Agree

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST NOT COMPLETE THE APPLICATION OR PARTICIPATE IN THE PROGRAM.