Terms & Conditions
(808) 237-6877 | watersensible@honeywell.com | Food Service Program | Participation Agreement
The Honolulu Board of Water Supply: Terms and Conditions
- Installed Measures: Subject to these Terms & Conditions, Board of Water Supply, City and County of Honolulu (the Utility) will provide qualified and verified Water Efficiency Measures (WEM) that meet eligibility.
- Eligibility:
a) “Applicant” is a commercial account holder of the Utility. Measures are awarded only to an eligible account holder. Applicants are ultimately responsible for the compliance with these terms and conditions.
b) “Qualifying WEMs” are those Water Efficiency Measures (WEMs) that are identified by the Utility. - Installation Verification and Data Collection:
a) The Utility may conduct an inspection of the facility to verify pre-installation conditions or confirm installation, at any time after receipt of the application and up to one (1) year after the installation of measures.
b) The Applicant must provide reasonable access to the facility, the installed equipment, and related documentation and data needed to verify the application. - Compliance: The Applicant is responsible to abiding by all applicable laws, rules and regulations, and complying with all federal, state, and local codes.
- Program Availability: The program is available to commercial Board of Water Supply account holders. Funding is available on a first-come, first-served basis, based upon the received date of a fully completed and signed application which is subject to the availability of funds. Program availability, program terms and equipment eligibility may change. Receiving qualifying WEMs is not guaranteed.
- Publicity: The Utility reserves the right to publicize participation in the Program for promotional purposes unless the Applicant submits a written request to the Utility requesting anonymity.
- Disclaimers:
a) The Utility is not responsible for any tax liability imposed on the Applicant as a result of the installed WEM.
b) The Utility does not expressly or implicitly warrant the performance of the WEM, the quality of the WEM or that the WEM will result in any water or cost savings.
c) The Utility does not endorse any particular market provider, trade ally, manufacturer, product, laborer or system design by offering this Program.
d) The Utility does not guarantee that funding will be available until this application has been verified and approved by the Utility. - Indemnification and Limits of Liability:
a) Applicant shall hold harmless the Utility and the Utility’s agents, contractors, employees, officers and directors from any and all liability, claims, loss, damage, death or injury including reasonable attorneys’ fees and costs, arising out of or relating to the installation, use and maintenance of the equipment, designs, practices or methods involved in the Applicant’s project.
b) In no event, shall either the Utility, or any other indemnified party be liable for any punitive, exemplary, special, indirect, incidental or consequential damages (including, but not limited to, lost profits, lost business opportunities, loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to this agreement, regardless of the legal theory under which such damages are sought. - Federal Tax ID of Payee/Taxability: If applicable, applicant must submit to the Utility all payee information and the IRS Form W-9 for processing of the IRS Form 1099. It is understood that the Utility will forward a copy of the IRS Form 1099 to the payee at the end of the calendar year any WEMs were installed, if applicable.
- Entire Agreement: The entire agreement between the Applicant and the Utility is composed of an approved, fully-executed application, and, as applicable, attachments to the application and/or worksheet, and any and all such other documentation as required by the Utility.
Posted: 2/15/19