BY SUBMITTING YOUR ENROLLMENT CARD, AND/OR BY PARTICIPATING IN THE PROGRAM, YOU (“CUSTOMER”) CERTIFY THAT YOU ARE A NAMED PNM ACCOUNT HOLDER, AND YOU AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT A PROGRAM REPRESENTATIVE TO REQUEST THAT YOUR NAME BE REMOVED FROM THE PNM POWER SAVER PROGRAM (“THE PROGRAM”) BEFORE PNM INSTALLS A WI-FI ENABLED THERMOSTAT INSIDE YOUR HOME, OR AN OUTDOOR SWITCH NEAR YOUR REFRIGERATED AIR CONDITIONING UNIT (BOTH REFERRED TO HEREIN AS “THE EQUIPMENT”). IF YOU DO NOT AGREE TO THESE TERMS AFTER THE EQUIPMENT HAS BEEN INSTALLED, PLEASE CALL 1-866-471-7906 TO BE REMOVED FROM THE PROGRAM.
The program representative will install the Equipment. While it is not necessary for Customers to be present while PNM installs the outdoor switch, Customer may request an appointment so that Customer may be present during installation. If Customer is present, Customer may advise the installer as to where the device is to be placed. Installer will accommodate Customer’s request so long as the desired location will provide the required functionality. Customer agrees that, for the web-programmable thermostat to be installed, Customer will need to make an appointment and have a responsible party present during the installation inside Customer’s business premises. The program representative will be responsible for properly disposing of the old thermostat(s), if necessary. Customer agrees to provide the program representative with access, at reasonable times, to Customer’s premises to install, inspect, maintain, and/or repair the Equipment.
Unless PNM advises Customer otherwise, insofar as the Equipment is concerned, the outdoor switch and web-programmable thermostat shall remain the property of the Program and shall not become a fixture. Customer agrees to notify PNM if Customer disconnects or removes the Equipment. This Agreement and the Equipment supplied through the program are not assignable or otherwise transferable by Customer. PNM will not be liable to Customer or to any third party for any losses or damages, including 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.
Customer understands that PNM assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s refrigerated air conditioning unit or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.
THE PROGRAM AND EQUIPMENT ARE PROVIDED “AS IS.” CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PNM MAKES NO REPRESENTATION 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. PNM DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Customer agrees to hold harmless, defend, and indemnify PNM and its subsidiaries, affiliates, each of their respective officers, agents, and employees, from and against any third-party claim arising from or in any way related to Customer’s improper use of the Equipment or Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees, of every kind and nature. In such a case, PNM will provide Customer with written notice of such claim, suit, or action.
This Agreement constitutes the entire agreement between Customer and PNM. No undertaking, representation, or warranty made by any agent or representative of PNM in connection with the sale, installation, maintenance, or removal of services or Equipment shall be binding on PNM except as expressly included herein.
Customer understands that PNM reserves the right to modify the terms of the PNM Power Saver Program, and notify Customer of such program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance.
PNM may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer may not assign or transfer Customer’s rights without written consent of PNM.
The above provisions regarding events beyond PNM control, warranties, disclaimers of warranty and liability, and termination shall 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 Customer and PNM or its representative as a result of this Agreement.
