Terms of Service for Elephant Performance Guarantee

A. GENERALLY 

1. Elephant Energy System Pledge. Elephant Energy is dedicated to delivering the highest quality heat pump installations it can to its customers. Elephant’s system-sizing approach is grounded in a deep understanding of building science and years of firsthand data and is implemented with passion. Because of this, Elephant is proud to guarantee the performance of the systems we install, subject to the terms, conditions, and exclusions (collectively, the “Conditions and Exclusions”, or each a “Condition” or “Exclusion”) enumerated hereunder. This terms and conditions of service in connection to the Elephant Guarantee are expressly incorporated into Elephant’s Standard Terms and Conditions, accessible at https://elephantenergy.com/elephant-energy-standard-terms/. 

B. PERFORMANCE GUARANTEE  

1. Temperature Standard Performance Guarantee. Subject to the Conditions and Exclusions), Elephant is confident that an Elephant Energy System will maintain temperatures without substantial interruption in any home for which it is appropriately designed and implemented (each such design for a home, its “Design Plan”) between 68°F ± 3°F (the “Temperature Standard”) at outdoor temperatures spanning between -5°F and 95°F. If an Elephant Energy System fails to maintain the Temperature Standard for a period exceeding two (2) continuous calendar days and subject to the Conditions and Exclusions herein, Elephant will repair, upgrade, maintain, or replace the Elephant Energy System at no cost (the “Elephant Performance Guarantee”). The Elephant Performance Guarantee expires after the passing of ten (10) years following the completion of installation, as determined by Elephant Energy. If Elephant Energy cannot resolve the issue(s), Elephant Energy may remove the system and refund the installation cost in Elephant Energy’s sole discretion.  

C. CONDITIONS, TERMS, & EXCLUSIONS APPLICABLE TO THE ELEPHANT PERFORMANCE GUARANTEE.  

1. Non-transferability of the Elephant Performance Guarantee. The Elephant Performance Guarantee described hereunder may not be transferred to anyone other than the applicable purchaser of the Elephant Energy System. For the avoidance of doubt, no Elephant Performance Guarantee will transfer to a new homeowner where a home hosting an Elephant Energy System is sold or otherwise transferred.  

2. Conditions & Exclusions. In order to be eligible for the Elephant Performance Guaranty, the following Conditions and Exclusions apply: 

• a. Structural or other substantial changes to the home. The design, outlay, arrangement, and other presentation of the home must remain in the same state as it was when the Design Plan was created. Examples that void the Elephant Performance Guaranty include major renovations, resizing of the home through additions or subtractions, and other alterations modifying structural or other attributes.

• b. Original parts and system required. No parts, fixtures, hardware, equipment, or other items original to the Elephant Energy System may be replaced, altered, damaged, or otherwise broken due to Customer’s failure to perform or schedule routine or other maintenance with Elephant Energy. Any changes made to the parts, components, hardware, fixtures, or other equipment on the Elephant Energy System after installation will void the Elephant Performance Guaranty. 

• c. Regular Maintenance; No Improper Maintenance. Customer must regularly replace all filters not less frequently than every six (6) months. Customer must also clean all fans, fins, and coils not less than once per year. Improper maintenance or a failure to perform the regular maintenance under this Section voids the Elephant Performance Guaranty. 

• d. Cosmetic Damage Excluded. Damage to the Elephant Energy-Installed System that is cosmetic in nature or that does not affect performance in Elephant Energy’s discretion is not covered by the Elephant Performance Guaranty. Examples include damage caused by extreme weather including without limitation hail, rain, snow, wind, or other inclement weather. 

• e. Customer Notification to Elephant Energy Required. Customer must inform Elephant Energy in writing within five (5) days of becoming aware that the Temperature Standard or other Guarantee is not being met. Customer’s failure to do so will void the Elephant Performance Guaranty.  

• f. Proof of Purchase Required. In the event Customer would like to exercise any of the Elephant Performance Guaranty, Customer must provide Elephant Energy with written records from Elephant Energy establishing that Customer is the original purchaser of the Elephant Energy System, the date of purchase, and that full payment was rendered. 

• g. Full Payment Required. In the event Customer would like to exercise any of the Elephant Performance Guaranty, Customer must provide Elephant Energy with written records from Elephant Energy establishing that the Elephant Energy has been paid in full for the applicable System and any services or other items provided to Customer, alongside the dates of purchase and payment completion. 

• h. Performance Assessment. Elephant Energy may conduct a performance assessment to evaluate any potential problem or system alongside its nature and extent in its sole discretion as a precondition to Customer’s exercise of any Elephant Performance Guarantee herein. Existing temperature imbalances noted in Elephant Energy’s sole discretion—including without limitation across floors and rooms—are not covered by the Elephant Performance Guaranty.  

• i. A FAILURE TO SATISY ANY OF THE CONDITIONS HEREUNDER WILL VOID THE APPLICABLE ELEPHANT GUARANTEE.

• J. Force Majeure. Elephant shall be under no obligation or deemed to be in default for any delay or failure in performance resulting from causes beyond its reasonable control (e.g. strikes, floods, earthquakes etc.), such as events, which may cause or attribute to a delay in servicing due to non-availability of spare parts or accessories.