FirstEnergy Lighting Incentive Program
Terms and Conditions
1. Assignment of Incentives. Customer hereby assigns to TPI all of Customer’s right, title and interest in, to and under the Incentive Program, including without limitation all of its right, title and interest to the incentive payments provided under the Incentive Program by FirstEnergy and authorizes FirstEnergy to remit incentive checks directly to TPI. Customer agrees to provide to TPI (i) the signed Dual Incentive Request Form prior to project pre-application and (ii) the assigned Letter of Attestation stating that all LED lighting was installed within 14 days of receipt of the LED light bulbs. Customer acknowledges that without the submission of the Dual Incentive Request Form, incentive checks will not be issued to TPI and the customer will be owing for the products received.
2. LED Bulbs Delivery and Installation. Upon submission of all required forms and pre-approval by TPI, TPI will deliver the number and type of LED light bulbs as provided for in the Lighting Worksheet completed by Customer and TPI and submitted to FirstEnergy. Customer agrees to promptly install all LED light bulbs delivered by TPI in the manner and location provided for under the documentation submitted to FirstEnergy pursuant to the Incentive Program. TPI shall provide a Letter of Attestation at the time of delivery of the LED light bulbs. Customer agrees to execute and submit the Letter of Attestation to FirstEnergy within 14 days of receipt from TPI.
3. Charges and Invoices. The cost of each LED light bulb is $10.00, however upon execution of this Agreement, the Customer shall be provided a $9.99 per bulb discount and invoiced $0.01 for each LED light bulb delivered by TPI. Upon Customer’s installation of the light bulbs and submission of the Letter of Attestation to FirstEnergy, Customer shall be credited $0.01 for each light bulb invoiced. If Customer does not install the LED light bulbs within 14 days of receipt or does not submit an executed Letter of Attestation to FirstEnergy within 14 days of receipt, Customer shall pay TPI a total of $10.00 for each LED light bulb delivered. If Customer terminates this Agreement after pre-approval of the application, Customer shall pay a restocking fee of $3.00 for each LED light bulb ordered (30% of full value of LED light bulbs). TPI will pay all sales tax.
4. Termination. This Agreement may be cancelled or amended by Customer at any time prior to final application pre-approval by providing written notice to TPI regarding the Incentive Program Agreement. Changes and cancellations will result in a confirmation email to both Customer and TPI. If Customer terminates this Agreement after pre-approval of the application, Customer shall pay a restocking fee of $3.00 for each LED light bulb ordered (30% of full value of LED light bulbs).
5. Further Documentation and Acts. Customer agrees that, at any time and from time to time thereafter, it will, upon the request of TPI and/or First Energy, execute and deliver such further documents and take all such further actions as are necessary fully to effect the purposes of this Agreement.
6. Binding Effect. The provisions of this Agreement shall be binding upon the Customer and its respective successors and assigns.
7. Indemnification. Customer is responsible for all obligations under the Incentive Program and neither this Agreement nor any actions of TPI constitute an assumption of any obligations on the part of Customer thereunder. Customer agrees to protect, defend, indemnify, and hold TPI free and harmless from and against any loss, cost, liability or expense arising out of this Agreement, including but not limited to any fees or charges due from any failure of Customer to install the LED bulbs or perform its obligations under the Incentive Program.
8. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and supersedes all other communications, oral and written, between the parties relating to the subject matter hereof. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the parties.