Contractor Terms & Conditions

1. Program Description

1.1  Program Summary: The Retrofit Assist program is a community-based program, operating within the Province of British Columbia, to reduce greenhouse gas emissions and improve energy efficiency of residential buildings; Retrofit Assist is administered by the Community Energy Association (the “Administrator”) to support residents from participating communities in undertaking Home Energy Upgrades to improve their home comfort and energy performance (the “Program”).

1.2  Program Details: Details of the Program are subject to change without notice. All services and incentives to be provided under the Program are subject to availability of funds as determined by the Administrator in its sole discretion. For information on the Program, see www.retrofitassist.ca

1.3  Program Benefits: Retrofit Assist Contractors gain access to benefits including:

a.      Marketing and promotional materials produced through the Program, including Program logo as set out in Schedule “1” (the “Licensed Materials”);

b.      Inclusion in the Program directory made available to Program clients, and the right to identify as a ‘Retrofit Assist Contractor’;

c.      Ability to request assistance with scheduling initial site visits at participating homes, where practical and possible;

d.      The right to offer clients benefits available through the Program;

e.      Reduced time spent on answering questions related to rebates, loans, and general retrofit inquiries, including being matched to warm leads; and

f.       Access to peer support opportunities, localized training sessions that align with the Program requirements, and current information on any training or wage subsidies available. 

1.4  Program Supports: The Administrator agrees to develop and provide the following support to Retrofit Assist Contractors:

a.      Deliver marketing and education to residents from participating communities regarding the benefits, considerations, and opportunities with relevant Home Energy Upgrades in general and those offered through the Program;

b.      Availability to answer inquiries from both Retrofit Assist Contractors and homeowners on program benefits, rebates, loans, etc.; and

c.      Engage Certified Energy Advisors and appropriate industry experts to support homeowners and Retrofit Assist Contractors participating in the Program.

1.5  Program Term:

1.5.1       All Program Benefits and Supports commence on the date a Contractor is accepted in writing as a Retrofit Assist Contractor and continue until the earlier of:

1.5.1.1   The date the Administrator provides the Retrofit Assist Contractor notice the program has ended;

1.5.1.2   The date that the Retrofit Assist Contractor provides notice to the Administrator that it wishes to cease to participate in the Program; or

1.5.1.3   The date the Retrofit Assist Contractor’s participation in the Program is terminated by the Administrator for any reason.

1.5.2        The Administrator may terminate, suspend, or restrict a Retrofit Assist Contractors participation in the Program at any time for any reason, including but not limited to the Retrofit Assist Contractor failing to meet Contractor Commitments or Requirements, requirements of the HPCN, failing to resolve installation or performance issues in a timely manner, or breaching its obligations pursuant to these Terms and Conditions.

1.5.3        Without limiting the generality of the foregoing, upon termination of participation in the Program, the Retrofit Assist Contractor shall immediately (a) cease promoting itself as a participant of the Program or accessing the participation benefits set out above; (b) cease making use of Program materials in any manner; and (c) destroy any copies of Program materials in its possession.

2.      Definitions

2.1  Air Source Heat Pump (ASHP): Equipment that provides both heating and cooling, which in this document references climate appropriate electric air source heat pumps. Air-to-air and air-to-water heat pumps that meet the eligibility requirements for CleanBC programs are included in this definition. 

2.2  Confidential Information: Any information that may be reasonably considered confidential or proprietary to the Administrator, including information regarding the application process, the content of any communications between the Administrator and the Retrofit Assist Contractor or its clients, and the content of any training materials or presentations provided by the Administrator, in any form.

2.3  Contractor: An organization willing and legally able to install Home Energy Upgrades and/or ASHPs, which has applied for the Program but has not yet received written confirmation of acceptance into the Program from the Administrator.

2.4  Home Energy Upgrades: Activities undertaken to improve home comfort and energy performance including, but not limited to, improving the building envelope (with enhanced air sealing, insulation, and windows and doors) and upgrading mechanical systems (i.e., space heating, cooling, water heating, and ventilation) with more efficient and lower carbon equipment.

2.5  Home Performance Contractor Network (HPCN): A managed list of skilled and knowledgeable contractors that install energy efficient, lower-carbon home performance solutions for residential renovations in BC (heating, ventilation, ASHP, insulation and air sealing, fenestration, and energy advisory services) and meet specified accreditation, certification, and management criteria.

2.6  Home Performance Stakeholder Council (HPSC): A non-profit association to increase the supply and demand for British Columbia (BC) contractors focused on whole home performance who administers the HPCN.

2.7  Retrofit Assist Contractor: A Contractor that wishes to participate in the Program, has met all of the requirements listed in Section 4: Retrofit Assist Contractor Commitments, and has received written confirmation of acceptance into the Program from the Administrator.

2.8  Certified Energy Advisor (EA): An Energy Advisor, licensed by Natural Resources Canada to deliver the EnerGuide Rating Service for existing homes and who have completed additional BC rebate program-focused orientation training.

3.      Program Eligibility

3.1.   Eligibility Requirements: To be eligible to become an authorized Retrofit Assist Contractor, the following criteria must be met by the Contractor:

3.1.1. Submission of all application materials requested by the Administrator including but not limited to a completed application form and acceptance of these Terms and Conditions.

3.1.2. Meet current program requirements for customers to access municipal, FortisBC, BC Hydro, CleanBC, Provincial, and/or Federal energy rebate and incentive programs.

3.1.2.1.           So long as a Contractor meets all regulatory requirements, a Contractor that does not meet current requirements may still be considered at the Administrators discretion to become an authorized Retrofit Assist Contractor, but their limited access to rebate programs will be noted for participants.

3.1.3. Receive, at minimum, provisional approval into the HPCN network as required:

                                         i.    Submit an application to the HPSC with all required information to participate in the HPCN.

                                       ii.    Once a Contractor receives provisional approval into the HPCN, they will gain access to the qualifications portal to sign up their supervisor(s) and lead installer(s) where they can upload certificates and complete training directly through the HPCN online portal.

                                      iii.    It is expected that Contractors will make bona fide efforts to complete the HPCN certificates and training in a reasonable time-frame. 

3.2.  Acceptance into Program: Once Contractor’s eligibility has been confirmed, the Administrator may, at their sole discretion, confirm acceptance into the Program. Once written notification of acceptance has been provided to the Contractor, they will be considered an authorized “Retrofit Assist Contractor.”

4.      Retrofit Assist Contractor Commitments: In exchange for accessing Program Benefits and Supports, Retrofit Assist Contractors commit to the following:

4.1.  Successfully complete an orientation session delivered by the Program.

4.2.   Ensure that all installations and alterations of systems and equipment performed as part of the Program are completed in a quality, safe, and approved manner, to the full satisfaction of the customer.

4.3.  Complete or utilize a completed heat load calculation (i.e., CAN/CSA F280) for all quoted heat pump systems to ensure the equipment is sized appropriately for the home and meets CleanBC and Natural Resource Canada program requirements.

4.4.  Provide customers with:

4.4.1. A detailed quote including a breakdown of labour, equipment (including AHRI number for heating systems), materials, and the heat load calculation (for heating systems) within 5 days of customer site visit, and share this quote with the Administrator;

4.4.2.  A note of any costs not included in the quote, but required for the Home Energy Upgrades (i.e., electrical or service upgrade requirements);

4.4.3. A suitable service contract and/or warranty program for all installations, alterations, and materials for a period being the greater of one (1) year from the date of the installation and/or the manufacturer's specifications;

4.4.4. Information on incentives (grants, rebates, or other promotional offers) available beyond those which Retrofit Assist offers information on; and

4.4.5. Prompt and accurate processing of materials or forms required by homeowners to obtain reimbursement of incentives.

4.5.  Complete a Program Registered Contractor - Air Source Heat Pump Quality Installation Checklist for each ASHP installation identifying the equipment installed and decommissioned, a copy of which will be retained by the customer, and another copy submitted to the Administrator.

4.6.  Participate in quality assurance programs, evaluations, and case studies to strengthen, support, and promote the Program and further inform energy advisors, building professionals, and Contractors working with Home Energy Upgrades.

4.7.    Obtain payment directly from the Program participants or, for eligible projects and at the participant’s instruction, access financing options (CleanBC financing is for fuel switching only, and only for use of a finance registered contractor).

4.8.    Immediately notify the Administrator of any customer complaint, investigation, or enforcement action with respect to advice or installation services provided by the Retrofit Assist Contractor, and commit to handle customer complaints satisfactorily within a reasonable time frame.

5.     Retrofit Assist Contractor Requirements: All Retrofit Assist Contractors are required to:

5.1.  Ensure that the installation of products or measures meets applicable requirements of the British Columbia Building Code and applicable bylaws and is acceptable to any inspection authorities and/or Authorities having jurisdiction.

5.2.    Obtain any required building, electrical, and/or gas permits.

5.3.  Ensure adequate electrical service to support an ASHP.

5.4.  Take all reasonable steps to mitigate radon infiltration into a home where this is identified by the Contractor as a present risk or likely to become an increased risk due to the measures being completed through the program. This may include providing information to the homeowner about the benefits of radon testing and mitigation, or installation of a radon vent pipe (where required by the Building and Safety Standards Branch).

5.5.      Not solicit any customer, supplier, partner, contractor, or Retrofit Assist Contractor to reduce or curtail its business with the Program.

5.6.      Not during or after the Program Term, or at any time thereafter, disclose any Confidential Information to any third party, or use any Confidential Information for any purpose unrelated to the Program.

5.7.      Represent, warrant, and covenant, via participation in the Program, that it:

5.7.1.   Has and will maintain, all licences, registrations, permits, and authorities as required by any legislation or any governmental, municipal, regulatory, or licensing authority, including the HPCN;

5.7.2.   Is willing and legally able to install Home Energy Upgrades and ASHPs in accordance with all laws, bylaws, codes, and regulations of any government or regulatory authority having jurisdiction over same;

5.7.3.   Has and will maintain suitable Commercial General Liability (CGL) insurance in an amount of two million dollars ($2,000,000), as well as Professional Liability (E & O) insurance in an amount of one million dollars ($1,000,000) (per occurrence & aggregate);

5.7.4.   Has and will maintain WorkSafeBC coverage or third party disability coverage; and

5.7.5.   Will maintain good standing with the Program, as determined by the Administrator.

6.      Standard Terms

6.1      Disclaimer: The Administrator makes no representations, warranties, or conditions, express, statutory or implied with respect to participation in the program or the rights or services provided by it pursuant to these Terms and Conditions.

6.2      Indirect Damages: Notwithstanding anything herein contained to the contrary, in no event whatsoever will the Administrator, its directors, officers, employees, agents, contractors or affiliates (the “Indemnified Parties”), be liable for any claim for: (a) punitive, exemplary or aggravated damages; (b) damages for loss of profits or revenue; (c) indirect, consequential or special damages of any kind; or (d) contribution, indemnity or set-off in respect of any claims against Contractor by any third party.

6.3      Maximum Liability: Without limiting the generality of Sections 6.1 and 6.2, the maximum total liability of the Administrator, and its suppliers, directors, officers, agents, representatives, shareholders, and employees, for any claim whatsoever, under any circumstances, regardless of the cause of action and including without limitation claims for breach of contract, tort, negligence or otherwise, and Retrofit Assist Contractor’s sole remedy therefore, shall be strictly limited to an award for direct, provable damages not to exceed the amount of $100 CAD.

6.4      Indemnification: During the Program Term and for a period of two (2) years immediately following the termination of the same, the Retrofit Assist Contractor agrees to indemnify, protect, and hold harmless the Administrator and its directors, officers, employees, agents, members, representatives, and affiliates from and against any and all losses, costs, claims, damages and liabilities of any nature which the Indemnified Parties may become subject to as a result of (a) any breach by the Retrofit Assist Contractor of its obligations pursuant to these Terms and Conditions; or (b) any claim brought by a third party against an Indemnified Party relating to these Terms and Conditions or the Retrofit Assist Contractor.

6.5      No Joint Venture: The relationship of the Retrofit Assist Contractor and Administrator shall at all times be that of independent entities and is not, and no party shall represent itself to be an agent, partner, officer, director, or employee of the other party. The relationship under these Terms and Conditions shall not create any legal partnership, franchise relationship or other form of legal association between the parties that would impose a liability between the Parties or to third parties.