PSE&G Terms and Conditions

PSE&G MARKETPLACE PROGRAM

REBATE AND OTHER TERMS AND CONDITIONS

INTRODUCTION

As part of its marketplace program (the “Program”), Public Service Electric and Gas Company (“PSE&G”) is offering instant rebates on energy-efficient products and appliances to assist PSE&G residential customers in making energy efficient home improvements.  Rebates applied will not exceed the purchase price of the product (excluding taxes, shipping and installation charges).  PSE&G may change the rebate amount and limits at any time, without notice.

CUSTOMER ELIGIBILITY

1. All PSE&G residential customer having a valid electric or natural gas account are eligible to purchase products on the marketplace. Customers are limited to the quantities of the products specified in Section 3 below. 
2. Customers that are tenants, and whom purchase products under the Program represent and warrant that they have procured necessary permission from their landlords to install and use the products.
3. Customers acknowledge that PSE&G may revise the eligibility criteria without notice.

LIMITS

Per triennium (starting January 1, 2025 to June 30, 2027), Customers are subject to the below limits on purchasing products under the Program.  PSE&G may revise the below limits from time-to-time.

1. Smart Thermostats: Two (2) thermostat rebates per electric, natural gas or dual fuel customer
2. Air Purifier: Two (2) air purifier rebates per electric or dual fuel customer
3. Dehumidifier: Two (2) dehumidifier rebates per electric or dual fuel customer
4. Window Air Conditioners: Four (4) window air conditioners per electric or dual fuel customer
5. Low Flow Aerators: Two (2) aerator rebates per electric, natural gas or dual fuel customer
6. Low Flow Showerheads: Two (2) showerhead rebates per electric, natural gas or dual fuel customer
7. Advanced Power Strips Tier 1 and 2: Four (4) advanced power strips tier 1and/or tier 2 rebates per electric or dual fuel customer
8. Refrigerator: One (1) refrigerator rebate per electric customer or dual fuel customer
9. Clothes Washer: One (1) clothes washer rebate per electric customer or dual fuel customer
10. Clothes Dryer: One (1) clothes dryer rebate per electric customer or dual fuel customer
11. Dishwasher: One (1) dishwasher rebate per electric customer or dual fuel customer

PROGRAM EFFECTIVE DATES

Rebates are extended at the sole discretion of PSE&G.  All extension of rebates are subject to available funding requirements for the Program.

PARTICIPATION RELEASE

Customers receiving a rebate from PSE&G authorize the release of all usage data to PSE&G and any contractor or other vendor providing services or support to PSE&G under any of its energy efficiency programs (the “Regulated Programs”) authorized and regulated by the New Jersey Board of Public Utilities (the “BPU”).  Customer receiving a rebate from PSE&G also agrees to allow PSE&G and/or its vendors, to contact Customer for purposes of Program evaluation studies.

CUSTOMER CONFIDENTIALITY

PSE&G, program implementors, trade allies, or product original equipment manufacturers (an “OEM”) involved in collecting customer information and usage data will consider all customer information obtained under the Program: (i) to be confidential; and (ii) will not use such information for any purpose other than in connection with the operation of this Program, or any other PSE&G program or service.  Customer expressly understands and agrees that on a periodic basis, PSE&G, its program implementors and trade allies are required to report to the BPU: (i) Program data; and (ii) a program evaluation report.  Nothing contained herein shall prohibit disclosure of aggregated data as part of any regulatory reporting requirement.

PSE&G’S DISCLAIMER OF WARRANTIES

1. PSE&G does not make any warranties or representations of any kind with respect to its services or the products offered via the Marketplace Program, whether statutory, expressed, or implied, including without limitations: (i) warranties of merchantability, or fitness for a particular purpose regarding any product sold on the marketplace, pursuant to the Program, which are provided by the program implementor, a trade ally, a participating contractor, an OEM, a retailer or a distributor; (ii) health, safety, well-being; (iii) installation, performance or any resultant energy savings of any product; (iv) accuracy, completeness, or usefulness of any data, information, method, product or process; or (v) any benefits that may be derived from the Program (individually, or in the aggregate).
2. Customer acknowledges that nothing in this Agreement constitutes an endorsement by PSE&G of any goods or services provided by the program implementor, Franklin Energy Services, LLC (the “Program Implementor”), a trade ally, contractor, an OEM, a retailer, a distributor, or a product used in the Program.
3. Responsibility for delivery and workmanship related to any equipment or services that Customer procures exclusively rests with the Program Implementor.
4. Customer shall contact the Program Implementor, if applicable to the Program, for details regarding equipment performance and warranties.
5. Customer shall independently evaluate any information provided by Program Implementor, its representatives, and trade allies to estimate energy savings, other benefits, or costs, and is solely responsible for any decision related to the energy conservation measures implemented.
6. Customer will not hold PSE&G responsible for any pre-existing conditions, circumstances or events, including, but not limited to, the structural defects, or other environmental hazards existing at customer’s residence

INSPECTIONS

PSE&G reserves the right to inspect, and perform measurement and verification activities for all products sold under the Program.  This may include post-installation inspections or participant interviews.  Upon reasonable notice by PSE&G, the Customer must allow access to the installed product for a period of four (4) years after receipt of the rebate from PSE&G.

INSTALLATION

Customer is responsible for installation of the products within 60 days of purchase. PSE&G shall not facilitate or assist Customer with installation of any products sold pursuant to this Program.  Please note that PSE&G’s WorryFree® Protection Plans do not cover the installation, or any repairs necessitated by the installation, of new products purchased on the PSE&G marketplace.  You agree that any products that are being replaced by products purchased through the PSE&G Marketplace must be disposed of in accordance with applicable codes and ordinances.

ENERGY SAVINGS

1. PSE&G does not guarantee energy savings will be achieved under this Program. Customer shall be entitled to the energy cost savings realized by customer that result from the installation of products at customer’s residence.  
2. In consideration of the services provided by PSE&G as part of this Program, customer agrees that PSE&G is entitled to 100% of the rights and benefits associated with the measures, including, without limitation, all other current or future attributes, credits or products associated therewith under any regional initiative or federal, state or local law, program or regulation, and the customer waives, and agrees not to seek, any right to the same.
3. PSE&G may participate in the capacity market operated by PJM Interconnection LLC through the demand reductions achieved by the products installed as part of this Program. Customer acknowledges and agrees that, for purposes of participating in the capacity market, PSE&G shall own the rights to all such demand reductions without cost or obligation to customer.  
4. PSE&G’s ownership of demand reductions does not affect customer’s ownership of the products nor the energy savings derived from the products.

INDEMNIFICATION

1. Customer shall indemnify, defend and save harmless PSE&G and each of its respective officers, directors, representatives, members, shareholders, employees, affiliates, agents and successors (each an “Indemnified Party”) from and against any and all damages, losses, liabilities, claims, lawsuits and expenses of any kind and nature (including reasonable attorney fees) arising out of or resulting from (i) customer’s actions or omissions in connection with these terms and conditions; (ii) failure of the products to comply with any and all applicable warranties; and (iii) any and all claims based on product liability with respect to installed equipment, including but not limited to product defects, deficiencies or nonconformities, product design and manufacturing issues.
2. If a third-party institutes a legal action or asserts a claim against an Indemnified Party for which an Indemnified Party may be entitled to a defense or indemnity or to be held harmless pursuant to this Section 11, then the Indemnified Party shall notify the customer immediately of any such claims and shall permit customer to defend or settle such claims and to select counsel for such defense. Customer shall pay the costs of such defense and any judgment or settlement resulting therefrom.  Indemnified Party shall provide all reasonable assistance to customer for the defense or settlement of all such legal actions or claims.  Customer shall assume the defense and control of such claim or action but shall allow Indemnified Party reasonable opportunity to participate in the defense thereof with its own counsel and at its own expense.

DISPUTES/GOVERNING LAW

1. These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without reference to the principles of conflicts of laws.
2. Any claim arising out of, or in connection with the eligibility, application or extension of a rebate shall first be brought before the BPU. If the BPU does not have jurisdiction, the claim against PSE&G shall be brought in the courts of the State of New Jersey, or in the United States District Court, District of New Jersey.  As may be applicable, each of the parties hereby irrevocably consents to the jurisdiction of: (i) the BPU; or (ii) the courts of the State of New Jersey, or in the United States District Court, District of New Jersey in any such action or proceeding and service of process in any such action or proceeding may be accomplished by the mailing of copies thereof to it by registered or certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service to each of the Parties at its address set forth herein.  Each of the parties hereby irrevocably waives any objection that it may now or hereafter have to the laying of venue of any such claim, suit, proceeding, or action in such jurisdiction.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY MATTER ARISING HEREUNDER.

LIMITATIONS OF LIABILITY

1. Customer hereby unconditionally and irrevocably releases and forever discharges, to the fullest extent permitted by applicable law, PSE&G, and each of its respective officers, directors, employees, agents, representatives, assigns, Affiliates, parents, subsidiaries, and successors, contracts, agreements, damages, and any and all claims, demands, and liabilities arising in relation to these terms and conditions.
2. In no event shall PSE&G be liable to customer for any consequential, indirect, exemplary, special, incidental or punitive damages including, without limitation, lost profits, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy, and, in no event shall PSE&G’s liability to Customer exceed the total amount of rebates extended to customer pursuant to the Program.