These Terms and Conditions (the “Terms and Conditions”) apply to your application for, and participation in, the Home Energy Audit Program, sponsored by Idaho Power. For the purpose of these Terms and Conditions, the term “Idaho Power” refers to Idaho Power Company and its affiliates, and the term “you” refers to you as an applicant for, and participant in (if applicable), the Home Energy Audit Program (the “Program”). The Program involves residential energy audits and, in some cases, installation of certain energy efficiency measures, for residential homes within Idaho Power’s service territory in Idaho.
Please read these Terms and Conditions carefully before applying for the Program. Details of the Program, including direct install measures and associated customer fees, are subject to change or cancellation without prior notice.
Scope of Program
The Program will involve the following elements:
- An energy audit, which includes a blower door test, visual inspection of the crawl space and attic, health and safety inspection, and gathering data on the home and how it uses energy;
- Installation of up to twenty (20) energy efficient light bulbs, hot water pipe insulation up to three (3) feet, and one (1) high-efficiency showerhead, each as applicable; and
- A personalized Home Performance Report listing the results of the audit, actions already taken, and recommendations for improving the energy efficiency and comfort of the home.
The services performed and products provided in the Program are subject to change and may vary depending on the size, condition, and other attributes of a qualifying residence. The Program is subject to modification, suspension, or discontinuance without notice at any time.
The Program is available only to residential customers of Idaho Power with a residence within Idaho. The Program is only available to residential customers living in single and multi-family residences up to four (4) units, with an active Idaho Power residential account. The residence must be a site-built home. Renters can participate with prior written landlord permission. You must use an approved Home Performance Specialist (HPS). You must be present, and agree to be present, in your residence where the services are being performed during the entirety of the performance of services under the Program.
Fee for Participation in Program
Participation in the Program requires that you pay a fee to the Home Performance Specialist in the amount of $99 for all-electric (electric space and water heating) homes, or $149 for other homes (gas, propane, etc. for space and/or water heating), via check or cash, in advance of performance of the energy audit.
Your Program application must include all information requested. Incomplete or missing information may result in the delay or denial of your application. Further, false information may result in denial of your application. By completing and submitting the application, you represent and warrant to Idaho Power that all information you provide in the application is true and correct in all respects.
Applications are accepted on a first-come, first-served basis. Completion of an application is no assurance or guarantee of your participation in the Program.
Approval and Verification
Idaho Power reserves the right to verify delivery and installation of the energy audit and measures, and to have reasonable access to your residence, upon prior notice to you, to inspect the measures installed under the Program.
Performance of Energy Audit; No Endorsement
Performance of the energy audit will be conducted by a third party Home Performance Specialist who is an independent contractor and not an employee or affiliate of Idaho Power. Idaho Power does not endorse any particular manufacturer, product, system design, or contractor in promoting the Program.
It is your responsibility to comply with all federal, state, and local building, fire, and safety codes and regulations. When undertaking the installation of any energy savings measures included in the Program, (at its sole and absolute discretion) HPSs may choose not to make the installations for reasons related to safety, discovery of unforeseen conditions, or the complete utilization of the Program budget.
You agree that Idaho Power may include your name, services performed under the Program, resulting energy savings, and related information in reports or other documentation submitted to the Idaho Public Utilities Commission, and other governmental agencies and authorities. In all other cases Idaho Power will treat information gathered in evaluations as confidential and report it only in the aggregate, including in reports and submissions made to non-governmental entities in connection with Idaho Power’s energy efficiency initiatives. You understand and agree that Idaho Power and/or its representatives may include a description of this 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
IDAHO POWER HEREBY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATION OR PROMISE WITH RESPECT TO THE EQUIPMENT, MATERIALS, OR LABOR REQUIRED FOR THE INSTALLATION OF THE EQUIPMENT ON THE PREMISES, OR THE COST OF SUCH EQUIPMENT, MATERIALS, AND LABOR.
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. Idaho Power, by sponsoring the Program, does not warrant that the equipment will achieve any reduction in energy costs to you.
Idaho Power 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 in connection with the Program. Idaho Power shall not be liable to you for indirect, consequential, special, or incidental damages arising out of the Program, whether in contract, tort (including negligence), or any other theory of recovery. Idaho Power shall not be responsible for the advice of the Home Performance Specialist or the work of the Home Performance Specialist or other persons or entities performing services under the Program who are not employees of Idaho Power. Idaho Power’s maximum liability to you for any legal or equitable claim shall not exceed the fee paid by you to the Home Performance Specialist in connection with the Program.
As part of the consideration for receipt of the benefits of the Program, you agree to defend, indemnify, and hold harmless Idaho Power and its employees, agents, directors, officers, and shareholders for, from, and against all the liabilities, claims, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your 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.
Ownership of Property
You represent and warrant to Idaho Power that you are the owner of the residence, or have supplied written landlord permission for the residence, for which you have applied to receive services under the Program, and that you have all right, power, and authority to have performed on the premises the services provided by the Program.
Right to Refuse Service
The Home Performance Specialist has the right to refuse to perform services or end the audit/installation in his or her sole discretion in the event he or she 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/installation 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 Idaho (without reference to its choice of law provisions), as they apply to agreements made and performed in the State of Idaho. All disputes concerning these Terms and Conditions and the Program shall be heard in either the Judicial District Courts of the State of Idaho or the United States District Court for the District of Idaho, and each of the parties hereby waives any objection that it may have to the laying of venue in such courts.
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.