Water Saving Measures Offer Terms and Conditions 2024-03
1. OVERVIEW
1.1
These Terms and Conditions (“Terms and Conditions”) are for the Water Saving Measures Program (the “Program”) offered by Pacific Northern Gas Ltd. and Pacific Northern Gas (N.E.) Ltd. (collectively “PNG”) which is designed to reduce natural gas consumption, greenhouse gas (“GHG”) emissions and the costs associated with heating water for domestic use in homes and businesses.
1.2.
Free water and energy saving measures such as low flow showerheads, faucet aerators, insulated pipe wrap, and water heater insulated blankets (“Free Measures” and each a “Free Measure”) are available at no cost to Eligible Participants.
1.3.
PNG reserves the right to alter the types of Free Measures that are available through the Program at any time and without providing advance notice.
THE PROGRAM BEGINS MARCH 15TH, 2024 AND ENDS ON THE DATE ON WHICH FUNDING AVAILABLE FOR THE PROGRAM HAS BEEN FULLY ALLOCATED.
2. DEFINITIONS
2.1.
Application means the Program application form as amended from time to time.
2.2.
Eligible Participant means a Participant who meets all the requirements of section 3.1.
2.3.
Free Measures is as defined in section 1.2
2.4.
Long-term Lease Holder means a legal person who occupies the building or facility that is subject of an application to the Program, under a commercial lease with a term of 120 months or more, with an option to renew for at least a further 60 months, which lease will continue for at least 36 months prior to expiry at the time of the application.
2.5.
Participant means a PNG customer who has applied to the Program.
2.6.
Program means the Water Saving Measures Program offered by PNG.
2.7.
Property Manager means a legal person who manages the building that is the subject of an application to the Program on behalf of the Property Owner or Long-term Lease Holder. The Property Manager must have legal authority and permission to bind the Property Owner or Long-term Lease Holder to these Terms and Conditions. PNG, in its sole discretion, may request the Property Manager to provide proof of such legal authority in any form satisfactory to PNG. If the Property Manager is unable to provide proof satisfying PNG of said legal authority, as determined by PNG in its sole and absolute discretion, PNG may refuse to grant entry to the Program. The Property Manager acknowledges that by entering into the Program the Property Manager agrees to be bound to these Terms and Conditions of the Program as if the Property Manager were the Property Owner or Long-term Lease Holder, including, but not limited to, the right of recovery of the full Rebate provided under this Program. The Rebate(s) under this Program will only be provided to the Property Owner or Long-term Lease Holder.
2.8.
Property Owner means a legal person who holds registered title to the building or facility that is the subject of an application to the Program. PNG, in its sole discretion may request the Property Owner to provide proof of such registered title.
2.9.
Terms and Conditions is as defined in section 1.1.
3. ELIGIBILITY CRITERIA
3.1.
Eligible Participants
3.1.1.
To be eligible to receive the Free Measures, Participants:
3.1.1.1.
must receive natural gas or piped propane service from PNG under any rate schedule; and
3.1.1.2.
must be a property owner or long-term lease holder of an existing building.
3.2.
Eligible Buildings
3.2.1.
The building or facility where the efficient pre-rinse spray valve is to be installed must be located within the PNG service territories; and
3.2.2.
be an existing building with an existing natural gas or propane heating system. Newly constructed buildings are NOT eligible.
4. FREE MEASURES
4.1.
The Program allows Eligible Participants to order a variety of Free Measures (an “Order”) that are delivered to the address provided by the customer during the application process.
4.2.
The number of each Free Measure available to each Eligible Participant is limited to a maximum number.
4.3.
An Eligible Participant is entitled to apply for and receive one Order of Free Measures. Subsequent applications for additional Free Measures, regardless of whether or not the maximum number of any one Free Measure has been reached, is not permitted.
4.4.
The Program does not include any additional rebate or incentive for labour or other equipment.
5. APPLICATION PROCESS
5.1.
To receive the Free Measures under the Program, the Participant or the Participant’s authorized agent must follow the following steps:
5.1.1.
Complete and submit an online application.
5.1.2.
Order the Free Measures presented online as part of the application process. Please allow approximately 6 weeks from receipt of the completed application for delivery of the Free Measures.
5.1.3.
Receive and install the Free Measures.
5.2.
PNG is not responsible for lost, or incomplete applications.
5.3.
PNG reserves the right to refuse applications which it determines, in its sole discretion, are incomplete, inaccurate, or otherwise do not meet Program requirements.
6. REPRESENTATION AND WARRANTIES
6.1.
The Participant represents, warrants, acknowledges, and agrees that:
6.1.1.
The Participant or the Participant’s authorized representative has read all the eligibility requirements as set forth in these Terms and Conditions (the “Eligibility Criteria”) and the Participant fully meets all such requirements to participate in the Program set out herein; and
6.1.2.
All information submitted by the Participant to PNG in the Application and otherwise communicated to PNG with respect to the Program is true and correct.
7. ADDITIONAL TERMS AND CONDITIONS
7.1.
PNG may amend, modify, or terminate this Program and these Terms and Conditions at any time based on funding limitations or for any other reason, without notice. PNG will honour any Orders submitted on or before the date of termination.
7.2.
The Participant acknowledges that PNG is a “public utility” as defined in the Utilities Commission Act, R.S.B.C 1996, c. 473, and further acknowledges and agrees that payment of rebates is subject to the approval of the British Columbia Utilities Commission (“BCUC”) on terms satisfactory to PNG, acting in its sole discretion. In the event that the BCUC withdraws approval or changes the terms and conditions of such approval either with respect to this Program or energy efficiency funding generally, on terms and conditions not satisfactory to PNG, in its sole discretion, PNG may terminate the Program and the Participant acknowledges and agrees that PNG shall be under no obligation to provide any Free Measures to the Participant.
7.3.
PNG, NOT BEING THE DESIGNER OR MANUFACTURER OF THE FREE MEASURES, MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED AS TO THE FITNESS, DESIGN OR CAPABILITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP OF THE FREE MEASURES, NOR ANY WARRANTY THAT THE FREE MEASURES WILL SATISFY THE REQUIREMENTS OF THE PARTICIPANT OR ANY LAW, SPECIFICATION, OR CONTRACT.
7.4.
THE PARTICIPANT DOES HEREBY INDEMNIFY AND SAVE HARMLESS PNG AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES FROM ALL LIABILITY, DAMAGES, CLAIMS, DEMANDS, EXPENSES AND COSTS FOR CLAIMS, COSTS FOR INJURY OR DEATH OF ANY PERSON, DAMAGE TO OR DESTRUCTION OF PROPERTY, AND ALL ECONOMIC LOSS SUFFERED BY ANY PERSON ARISING FROM OR OCCURRING BY REASON OF THE PROGRAM, RECEIPT OF FREE MEASURE(S) OR ACTUAL OR ALLEGED PREPARATION OR INSTALLATION OR USE OF THE FREE MEASURE(S).
7.5.
PNG does not endorse any particular consultant, manufacturer, product, system, design, contractor, supplier, or installer in promoting this Program.
7.6.
The Participant acknowledges and agrees that the Participant is responsible for the disposal of all hazardous materials that may result from the installation of the Free Measures, and such disposal will be conducted in accordance with all applicable government regulations and the Participant agrees that PNG has no responsibility with respect to same.
7.7.
The Participant is solely responsible for any tax liability imposed as a result of the receipt of the Free Measures.
7.8.
The Participant is responsible for complying with all applicable laws, regulations and bylaws regarding permits, codes, restrictions, and inspections in relation to any Free Measure installed for this Program.
7.9.
PNG reserves the right to limit the number of Free Measures it provides under the Program; Free Measures will be issued on a first-come first-served basis.
7.10.
The Participant does hereby agree to allow PNG to publish the Participant’s name, a general description of the project and resulting energy performance and payback period for the purpose of promoting the Program. The Participant further agrees not to use the PNG name or any of its trademarks or logos without the express written consent of same, such approval not to be unreasonably withheld.
7.11.
The Participant agrees to acknowledge the assistance provided by PNG in all publications, publicity material and other forms of release or communication pertaining to the installation of the Free Measures. All such communications mentioning PNG must first be submitted to and approved in writing by PNG before publication.
7.12.
PNG’s decisions relating to the Program, including without limitation customer eligibility and number of any Free Measures, shall be final and binding and not subject to appeal.
7.13.
For the purposes of this Program and these Terms and Conditions, “Participant Information” means all information disclosed by the Participant in any Program application materials, as well as any data respecting billing, energy use and consumption, and, if applicable, relevant data and/or sub-metered gas data, at the building or facility which is the subject of application to the Program. By applying for this Program, the Participant acknowledges that and hereby consents to allow PNG to:
7.13.1.
Collect and use the Participant Information for the purposes of processing, administering, and evaluating the Program and developing other PNG energy-efficiency programs;
7.13.2.
Contact the Participant in the future to review the effectiveness of the Program, which may include surveys;
7.13.3.
Retrieve the Participant’s billing, energy use and consumption information from the PNG customer account database for a period of 24 months beginning 12 months prior to the Participant’s application to the Program, and ending one year after the Participant’s application to the Program, for the purposes of analyzing consumption behavior and energy savings attributable to the Program;
7.13.4.
Disclose the Participant Information, Program application, all supporting documentation, and any other information pertaining to the Program application in the possession of PNG to an agent or service provider who will review and approve or decline the Program application on behalf of PNG; and
7.13.5.
Disclose Participant Information amongst PNG and evaluation service contractors for the purposes of administering and evaluating this Program as described herein and developing other PNG energy-efficiency programs.
7.14.
Subject to sections 7.10 and 7.13 PNG will keep confidential any confidential business, technical, financial or personal information or records made available to PNG by the Participant in connection with matters arising under the Program, and will not disclose such information except as may be required by the law.
7.15.
IN NO EVENT WILL PNG BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR OTHERWISE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING FROM PARTICIPATION IN THE PROGRAM.
7.16.
THE PARTICIPANT AGREES TO WAIVE ANY RIGHT THE PARTICIPANT MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST PNG RELATED TO ANY CLAIM WHERE SUCH WAIVER IS PERMITTED. WHERE APPLICABLE, THE PARTICIPANT ALSO AGREES TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST PNG.
7.17.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and not invalidate or render unenforceable the remainder of these Terms and Conditions. In this event, such provision shall be changed and interpreted so as to best accomplish the objectives of such invalid or unenforceable provision within the limits of applicable law.
7.18.
The validity, interpretation, construction and performance of these Terms and Conditions shall be governed by the laws in force in the Province of British Columbia (without reference to any conflict of law principles that might result in the application of the laws of another jurisdiction). The competent courts in the Province of British Columbia shall have the exclusive jurisdiction over all disputes relating to these Terms and Conditions. Each of the parties hereto irrevocably attorns and consents to the jurisdiction of such courts.
8. CONTACT INFORMATION
Any questions? Please contact us at the email and phone number below.
Email: [email protected]
Toll-free: 1-800-667-2297
