Customer Agreement

Right Time Pricing Customer Agreement

  1. By submitting your enrollment, and/or by your participation in the right time pricing program (“the program”) you (“customer”) agree to the terms of this participation agreement with the exclusive City of Wadsworth contractor (comverge) of the program. If you do not agree with these terms, please contact comverge at 866-224-8287 to request that your name be removed from the program before any equipment is installed. If you do not agree to these terms after the equipment has been installed, please contact comverge to have the equipment removed.
  2. If customer selected a web-programmable thermostat as their Right Time Pricing device, Comverge will install a web-programmable thermostat inside the Customer's home. Customer agrees to provide the City of Wadsworth or its Contractor with access, at reasonable times, to Customer's premises to install, inspect, maintain and/or repair the Equipment.
  3. The Equipment shall remain the property of the City of Wadsworth. None of the Equipment shall become a fixture. Customer agrees to notify the City of Wadsworth if Customer disconnects or removes the Equipment. This agreement and the Equipment supplied by the City of Wadsworth are not assignable or otherwise transferable by the Customer.
  4. Customer agrees to stay in the Right Time Pricing program for one full year. At the end of the one-year term the Right Time Pricing rate structure will automatically continue in effect until the customer contacts the City of Wadsworth to elect an alternate rate structure.
  5. The City of Wadsworth will not be liable to Customer or to any third party for any losses or damages, including the loss of profits, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer's participation in the Program.
  6. Customer understands that the City of Wadsworth assumes no responsibility for and shall have no responsibility for the condition or repair of Customer's central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer's equipment.
  7. The program and equipment are provided “as is”. Customer understands and acknowledges that the City of Wadsworth makes no representations or warranties about the equipment or program, which are both provided without warranty of any kind, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. All warranties are disclaimed by the City of Wadsworth to the fullest extent permitted by the law.
  8. Customer agrees to hold harmless, defend, and indemnify the City of Wadsworth, and its subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to your improper use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, the City of Wadsworth will provide Customer with written notice of such claim, suit, or action.
  9. This Agreement constitutes the entire agreement between the Customer and the City of Wadsworth. No undertaking, representation, or warranty made by any agent or representative of the City of Wadsworth in connection with the sale, installation, maintenance, or removal of the City of Wadsworth's services or the Equipment shall be binding on the City of Wadsworth except as expressly included herein.
  10. Customer understands the City of Wadsworth reserves the right to modify the terms of the Right Time Pricing Program. Customer will receive notice of such Program modification. Customer's continued participation in the Program following notice of such change shall be considered acceptance of such modification.
  11. The City of Wadsworth may assign or delegate any of its rights or obligations under this Agreement to third-party organizations. Customer's rights may not be assigned or transferred without the City of Wadsworth's written consent.
  12. The above provisions regarding events beyond the City of Wadsworth's control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. Failure to insist on strict performance of the terms will not operate as a waiver of any subsequent default or failure of performance. If any part of the above is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed ineffective and the remainder of the Agreement shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between the Customer and the City of Wadsworth as a result of this Agreement.