Utility Savings Guarantee

This 30% Utility Savings Guarantee is provided by Carolina Conditions, LLC, (“Carolina Conditions, LLC”) to you, the original consumer purchaser  (“Owner”). The heating and cooling equipment that Carolina Conditions, LLC installs to your home will save you at least thirty percent of  your heating and/or cooling costs for your home during the one year period beginning as of the date of your  installation or Carolina Conditions, LLC will pay to you twice (2x) the missing savings, subject only to the terms and conditions contained  in this document. 

This heating and cooling cost is based only on the utility rates and does not include taxes, surcharges or other fees charged by your utility provider. This  savings performance guarantee is based on your home’s historic energy consumption for the twelve month period prior to the month of installation of the  Carolina Conditions, LLC system (the “Base Year”). The historic data is taken from your energy bills as provided to you by your energy provider. This Utility Savings  Guarantee is not valid unless and until the Owner has made full payment under the original Carolina Conditions, LLC sales agreement and all addenda thereto.

How To File a Claim

If your energy costs during the one-year period beginning as of the first full month following the date of your installation (the “Annual Period”) are not at least thirty percent less than the costs of the Base Year (the “Pledged Savings”), Carolina Conditions, LLC will pay you 200% of the difference (the “Reimbursement Amount”). The Reimbursement Amount will be calculated using the utility rates in effect at the time of installation, excluding taxes, surcharges and other fees charged by your utility provider. Carolina Conditions, LLC may, but is not required to, inspect and meter your home as it reasonably deems appropriate to identify the sources of energy use in your home. Carolina Conditions, LLC will reserve the right to coordinate with you any changes, modifications or enhancements, as deemed appropriate by Carolina Conditions, LLC, to remedy system parameters to ensure proper performance.

This Utility Savings Guarantee is a performance promise by Carolina Conditions, LLC. If you have a claim under this Guarantee, then simply contact Carolina Conditions, LLC at (803) 233-7172 with a brief explanation of the stated claim or concerns. Claims must be filed no later than the 400th day following the date of installation of the Carolina Conditions, LLC system. We will require a copy of this Utility Savings Guarantee, a copy of your sales agreement or purchase order with Carolina Conditions, LLC, and submission of your energy bills as provided to you by your energy provider for the twelve-month period prior to the month of installation of the Carolina Conditions, LLC system. Your utility bills must reflect all the energy you use to heat and cool your home. Carolina Conditions, LLC will then schedule an appointment to inspect the premises and the claim within a reasonable period of time after having received the claim. Following inspection Carolina Conditions, LLC will calculate whether you are entitled to receive a Reimbursement Amount under this Utility Savings Guarantee by calculating the energy use during the Annual Period and then comparing this energy use to the energy consumed during the Base Year. The energy consumption during the Annual Period is subtracted from the energy consumed during the Base Year; the difference is then divided by the energy used during the Base Year to arrive at the percentage saved.

If appropriate, Carolina Conditions, LLC may also exclude energy use not related to heating and cooling your home, such as seasonal use of pools and spas, and to account for any change in energy rates or energy use for heating and cooling your home related to any material changes or modifications to your home or its occupancy. A sample worksheet showing the calculation method described above may be obtained from Carolina Conditions, LLC by written request to: 415 Cedarcrest Dr. Lexington, SC 29073

Owner Responsibilities

Your actions can greatly affect energy use in your home. You are not covered under this Utility Savings Guarantee unless you exercise prudent energy  management for your home. As a condition to maintaining this Utility Savings Guarantee, you agree to:

1. Use windows and doors prudently when operating the heating, ventilating, and cooling (“HVAC”) system of your home.
2. Follow manufacturer’s instructions regarding operation and service of the HVAC system of your home, including annual inspections and filter replacement.
3. Set the thermostat of your home at no higher than 72 degrees F during the heating season and no lower than 72 degrees F during the cooling season.
4. Carolina Conditions, LLC at its discretion may refuse any reimbursement amount under this Utility Savings Guarantee if you make or caused to have made any material  changes or modifications to your home, its HVAC system and/or its occupancy, deemed by Carolina Conditions, LLC as having a material adverse impact on your home’s  energy performance or consumption.

What Is Not Covered

This Utility Savings Guarantee is granted by Carolina Conditions, LLC to the Owner only. This Utility Savings Guarantee assumes normal and reasonable use of Carolina Conditions, LLC installed products or components as designed for the intended purpose conveyed to Carolina Conditions, LLC from Owner. This Utility Savings Guarantee does not cover or  apply to damage, workmanship, or material failure beyond the control of Carolina Conditions, LLC including, but not limited to, damage caused by occurrences, such as  settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, removal, repair, or re-installation of  any Carolina Conditions, LLC-installed products or components by other than Carolina Conditions, LLC, corrosive effects of salt air and chemical pollutants, deterioration of caulking compounds,  fire, flood, lightning, high winds, windblown objects, earthquake, hurricanes atmospheric conditions or weather of catastrophic nature as defined by the  US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution. This Utility Savings Guarantee also will not apply to damages resulting from the failure to provide reasonable maintenance, including failure to clean the product or maintain the product as reasonably necessary.

Additional Understandings

Installation, removal, repair, adjustment, tampering or re-installation of any Carolina Conditions, LLC products or components by other than Carolina Conditions, LLC voids this Utility Savings Guarantee and warranties within this document, and Carolina Conditions, LLC expressly disclaims any liability for any costs, defects, or damages with respect to such actions. This Utility Savings Guarantee constitutes the entire agreement and understanding between the parties as to the subject matter discussed herein, and supersedes any and all prior agreements, understandings, promises and/or representations made with or to you by Carolina Conditions, LLC or any other persons in this regard. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Carolina Conditions, LLC any obligation, liability, or responsibility in place of or in addition to this Comfort Guarantee. Carolina Conditions, LLC and Owner agree that any and all disputes, claims, or controversies (hereafter  referred to as a “Claim”) arising under or relating to this Utility Savings Guarantee, including by way of example and not as a limitation the validity of  this Agreement or its terms, may, at the option of either party, be adjudicated by confidential and binding arbitration under one arbitrator in accordance  with the Code of Procedure of the Forum in effect at the time the demand for arbitration is made. Notice of the demand for arbitration will be filed with the Forum (www.adrforum.com) by the party asserting the Claim, and the demand will be copied to the other party to this Agreement. Owner agrees that Owner will assert a Claim only on behalf of Owner’s own self and not on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action or in any other forum or action.