Residential Registered Vendor Agreement Form
Rev. 6.1.2021
Section 4: Terms and Conditions
As an Efficiency Maine Registered Vendor I agree to the following terms and conditions:
1.
General – Vendor shall abide and be bound by these Efficiency Maine Terms and Conditions, and any supplemental
program-specific terms and conditions, in connection with participation or performance under any Efficiency Maine
program. Vendor shall abide by all applicable Local, State and Federal
laws, ordinances, building codes, regulations, and
licensing requirements. Vendor shall, throughout the entire term of this Agreement, maintain in good standing all
required licenses, certifications, qualifications and permits necessary for the performance of work or services for
customers under the program.
2.
Subcontractors - In cases where subcontractors are used to perform upgrade(s), the Residential Registered Vendor is
still responsible for ensuring full compliance with all Efficiency Maine program requirements, including the Code of
Conduct.
3.
Listing – Vendor agrees to allow their company's name to appear on the Residential Contractors list on the Efficiency
Maine website and on other marketing material. Vendor shall not use the Efficiency Maine name or logo in connection
with its business without the prior express written authorization of Efficiency Maine.
4.
Independent Contractor – Listing in the Registered Vendor database does not constitute any endorsement of the
Vendor by Efficiency Maine. Vendor is an independent contractor participating in one or more of Efficiency Maine’s
Programs and not an employee of, or under contract to, Efficiency Maine or any of Efficiency Maine’s contractors.
In
performing any work or services under an Efficiency Maine program, Vendor is a direct contractor to the customer
and is not a contractor or agent of Efficiency Maine. Vendor shall not hold itself out as an agent or representative of
Efficiency Maine, nor shall Vendor make any representation on behalf of or bind Efficiency Maine in any manner
.
Vendor shall use a written contract with each customer to the extent required by the Maine Home Construction
Contracts Act (10 M.R.S.A. §§ 1486-1490), including an express warranty of good workmanship and other required
elements.
5.
Termination – Participation of Vendor in Efficiency Maine Program(s) is voluntary and may be terminated by either
party at any time, for any reason without penalty.
6.
Customer Service – Vendor shall respond to customer requests in a responsive and professional manner. Vendor shall
treat Efficiency Maine customers fairly and attempt in good faith to deliver promised services in a timely and
professional manner. Vendor shall be responsible for the proper disposal of all materials, including any hazardous
materials when applicable.
7.
Warranty of Work – Vendor warrants to perform all work for Efficiency Maine customers in a good and workmanlike
manner and in accordance with all applicable codes and installation standards. Vendor shall provide the customer a
written warranty of labor and materials for a minimum of one year from the date the service is performed. Materials
installed shall carry manufacturer’s warranty. Offers of, and documentation referring to, any applicable extended
warranty coverage shall be supplied to the customer. Efficiency Maine does not endorse, guarantee, or warrant any
particular manufacturer or product, and it provides no warranties, expressed or implied, for any product or services.
The customer’s reliance on warranties is limited to any warranties that may be provided by contractors, vendors, etc.
Efficiency Maine is not responsible for assuring that the design, engineering and construction of the facility or
installation of the energy conservation measures is proper or complies with any particular laws, codes, or industry
standards. Efficiency Maine does not make any representations regarding the results to be achieved by the measures
or the adequacy or safety of such measures.
8.
Health and Safety Requirements – Vendor shall comply with all applicable health and safety requirements including,
but not limited to, compliance with OSHA Construction Industry Safety and Health Standards, achieving proper indoor
air quality per ASHRAE Standard 62.2, compliance with EPA rules regarding lead-based paint during renovations, and
compliance with other applicable standards from OSHA, ASHRAE, EPA, NFPA, ANSI and UL. Vendor will install all
equipment and materials in accordance with the manufacturer’s specifications. In cases where health and safety
concerns are identified, installation work will cease, or will not be scheduled, until and unless the customer is notified
and a remediation plan is employed in order to remove or mitigate the hazard.
9.
Vendor Quality Assurance – Vendor will maintain procedures for quality assurance, for resolution of customer
complaints or disputes and for response to customer emergencies. Vendor is responsible for complete installation,
necessary follow up or “punch list” work, and warranty work as required. Vendor will make its quality assurance
procedures available to Efficiency Maine for review upon request.
10.
Efficiency Maine Quality Assurance - All work may be subject to quality assurance and verification inspections by
Efficiency Maine. Efficiency Maine is the sole authority in determining that the work is complete and eligible for
payment. If Efficiency Maine determines Vendor's work does not comply with any applicable standards, Efficiency
Maine may ask the Vendor to make reasonable repairs or corrections to bring such work up to Program standards at
no additional cost to the customer. Efficiency Maine shall have sole authority in determining the necessary remedies
to correct faulty work.
11.
Incentive Payments and Financing – When incentive payments and/or financing is issued to the customer, Vendor
shall assist customer by providing required materials and signed forms in the preparation of the documentation
required to receive the incentive payment or financing. This may include an application form, an audit report, a scope
of work with price quotation, a project checklist, an invoice and/or a signed project completion form.
12.
Vendor Representations and Warranties – Vendor acknowledges that the submission of any program application,
checklist, invoice, payment request, or any other program-related document constitutes a representation by Vendor
that all information is complete and accurate. Vendor represents and warrants that Vendor shall use discounted or
subsidized program equipment and efficiency measures only for their intended purposes in connection with an
approved Efficiency Maine project in the State of Maine. Vendor shall not transfer, resell, or otherwise use such
equipment or efficiency measures for any other purpose without the prior express written authorization from a senior
program manager at Efficiency Maine. Vendor acknowledges that it will be subject to liability for any unauthorized
transfer, sale, or use of Efficiency Maine program equipment or efficiency measures.
13.
Confidentiality – Vendor acknowledges that certain records or information, including the social security number,