®
SPECIFICATION SUBMITTAL Page
Job Name:
Job Number:
Model Numbers:
Lutron® LSC-SPV-DOC-T24 Service
3601241a 1 09.16.14
CUSTOMER RESPONSIBILITIES
Provide LSC with copies of properly completed and
signed Certificate(s) of Installation (CEC-NRCA-LTI-
01-E, CEC-NRCA-LTI-02-E, CEC-NRCA-LTI-03-E
and CEC-NRCA-LTI-04-E), as applicable, prior to
commencement of acceptance testing.
ADDITIONAL INFORMATION
Indemnification/Hold Harmless/Limitation
of Liability
LSC agrees to indemnify, defend, and hold harmless
customer from and against any liability or loss
(including reasonable attorneys' fees and other costs
of defense resulting from judgments or claims for
a) personal injury, including death, and/or b) damage/
destruction of tangible property arising out of or
incident to this Agreement (a) and (b) collectively
“Losses”), but only to the extent that such Losses
are proximately caused by the negligence or willful
misconduct of LSC.
This indemnification obligation of LSC shall be
construed so as to extend to all reasonable legal,
defense and investigation costs provided customer
promptly notifies LSC (Attn: General Counsel) that a
claim or demand is being made. LSC will have the
exclusive rights to defend, control, settle and
compromise any claim, provided however, that LSC
will consult with customer regarding any settlement
or compromise that includes substantive terms
beyond a monetary settlement. Further, if LSC
assumes the defense of a claim and customer
desires to retain its own counsel with respect to such
claim, customer may do so provided such counsel is
retained at customer’s sole cost and expense.
IN NO EVENT SHALL LSC, ITS EMPLOYEES,
AGENTS OR REPRESENTATIVES BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST
PROFITS), SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH THE SERVICES
RENDERED HEREUNDER EVEN IF NOTICE WAS
GIVEN OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF SUCH DAMAGES WERE
REASONABLY FORESEEABLE.
SCOPE
Services are provided by LutronR Services Co., Inc.
(“LSC”).
LSC will perform acceptance testing of indoor
lighting controls in accordance with the
NONRESIDENTIAL COMPLIANCE MANUAL
FOR THE 2013 BUILDING ENERGY EFFICIENCY
STANDARDS (CEC-400-2013-002-SD). Results of
the testing will be documented in the following forms:
CEC-NRCA-LTI-02-A, CEC-NRCA-LTI-03-A and
(where applicable) CEC-NRCA-LTI-04-A.
Title 24, 2013 acceptance tests will be performed
by a Lutron factory-trained Field Technician who is
certified by a California Energy Commission-approved
Acceptance Test Technician Certification Provider.
Purchase of LSC on-site startup is a prerequisite for
purchasing this service.
On-site startup must be complete before the Title 24
acceptance test will begin.
ITEMS NOT INCLUDED IN ACCEPTANCE TESTING
Delays or re-performance of tests necessitated
by non-compliant design, use of non-compliant
or incorrect components, improper or incomplete
installation, or errors or inaccuracies in documentation
provided to LSC will result in additional charges.
In the event any non-compliance is noted, LSCs
Field Technician will not interrupt acceptance testing
to perform corrective action; such corrective action
will be separately implemented through the change
order process. Visits outside normal hours (7 AM
to 5 PM Monday through Friday, LSC holidays
excluded) may result in additional charges.
LSC is not responsible for compliance of the design,
material and/or installation with applicable laws, rules,
regulations and codes, including, but not limited to,
the California Building Energy Efficiency Standards, or
the accuracy of data and information provided to LSC.
LSC makes no warranty, either express or implied,
including, but not limited to, any implied warranties of
merchantability and fitness for a particular purpose.
California Title 24 Acceptance Testing Services
LSC-SPV-DOC-T24
1
®
SPECIFICATION SUBMITTAL Page
Job Name:
Job Number:
Model Numbers:
Lutron® LSC-SPV-DOC-T24 Service
3601241a 2 09.16.14
EXCEPT AS OTHERWISE PROVIDED HEREIN,
CUSTOMER’S EXCLUSIVE REMEDY AND THE
ENTIRE, COLLECTIVE LIABILITY OF LSC, ITS
EMPLOYEES, AGENTS OR REPRESENTATIVES, IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, UNDER THE AGREEMENT BETWEEN
THE PARTIES WILL BE THE PAYMENT OF ACTUAL
DAMAGES NOT TO EXCEED FEES PAID FOR THE
ACCEPTANCE TESTING SERVICES.
These Terms and Conditions of LSC relating to
performance of Title 24 acceptance testing are the
complete agreement between customer and LSC
regarding the services provided hereunder, and
replaces any prior oral or written communications
between customer and LSC regarding such services.
None of LSCs employees or agents may orally vary
these terms and conditions of this agreement. LSCs
failure to exercise, delay in exercising, or single or
partial exercise of any right, power, or privilege under
this agreement shall not operate to waive or preclude
LSCs right to exercise such rights, power, or privileges.
If any part of this agreement is held to be invalid or
unenforceable, it will not affect the validity or
enforceability of the rest of the agreement. Without
further action of the parties, that part will be reformed
to the minimum extent necessary to make it valid and
enforceable. Any modification of this agreement must
be signed in writing by authorized representatives of
customer and LSC.
2