Glades Electric Cooperative Surge Protection Agreement

Surge Protection Agreement

Thank you for your interest in our Surge Protection program. After you submit your agreement, a Member Services Representative will contact you within one business day.

Agreements are reviewed during regular business hours, Monday – Thursday 7 a.m. – 6 p.m.

Surge Protection Member Agreement

Terms and Conditions for Glades Electric Cooperative's Surge Protection Service

Date(Required)

Member Name(Required)

First Last

Account Number(Required)

Email(Required)

Service Address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code

Acknowledgement of Kenick Limited Warranty(Required)

I have read the Kenick Limited Warranty below:

Purchaser:
This Warranty is extended to the original utility and their end user hereinafter “Purchaser” of KENICK products for home use in the United States. This Warranty is not transferable or assignable without the prior written permission of KENICK, Inc (“KENICK”).

Surges:
KENICK defines a transient voltage surge (“Surge”) to be a voltage impulse lasting less than 1/1000 of a second and technically defined by IEEE-ANSI standard C62.41. Normal electric system power fluctuations, power loss, temporary over voltage, under voltage and electrical system problems are not transient voltage surges.

Warranty & Term:
KENICK surge protection products are warranted at time of shipment to be free of defects in materials and workmanship when installed in accordance with KENICK’s installation instructions. KENICK shall, in complete fulfillment of its liabilities under this warranty and if given prompt notice by Purchaser, correct, by repair or replacement at KENICK’s option, FOB its factory, any product that shall appear in KENICK’s sole judgment to be defective under proper and normal use. KENICK shall not be liable for costs of equipment removal, costs of transporting equipment to be repaired or replaced to KENICK, reinstallation of equipment, or any other cost incidental to any of the foregoing.
Should a defect in materials or workmanship allow Surge damage to a KENICK provided surge protector and, at the same time, damage Purchaser’s owned equipment properly connected to the damaged KENICK surge protector, KENICK will at its option repair or replace the Purchasers owned equipment within limitations as defined herein.

Damage from power problems other than Surges are not covered.

Motor driven appliances such as refrigerators, clothes washers and dryers, hard wired fans, HVAC units, dishwashers, freezers, and cooking appliances that are protected by a KENICK meter base surge protector (product) and are damaged by the same Surge that damages a KENICK product, which is also judged by KENICK to be defective in materials or workmanship, shall be repaired or replaced at KENICK’s option. KENICK will reimburse for repairs that are in KENICK’s sole opinion reasonable and fair.

Electronic appliances protected by a KENICK wall receptacle plug-in suppressor and damaged by the same Surge that damages a KENICK product, which is also judged by KENICK to be defective in materials and workmanship, shall be repaired or replaced at KENICK’s option. KENICK will reimburse the purchaser for repairs that are in KENICK’s sole opinion reasonable and fair.

Repair or reimbursements are limited to a maximum of a $50,000 aggregate payout.

The term of this warranty is for a period of Fifteen (15) years from the date of shipment of the product from KENICK, and only applicable to product shipped after June 1, 2019. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT DOES NOT EXTEND THE ORIGINAL WARRANTY TERM.

Items Not Covered By Warranty:

THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY: shipping, dropping, misuse, improper application, incorrect or inadequate electrical connection including ‘missed’ meter enclosure or arrester jaws during insertion, negligence, inappropriate on-site operating conditions, electrical overvoltages, corrosive atmosphere, tampering, alterations, exposure to elements, Acts of God, installation contrary to KENICK's recommendations, or in any event if the KENICK serial number has been altered, defaced, or removed. The Premises shall at all times be grounded according to the National Electrical Code.

Damage from power problems other than Surges are not covered.

KENICK shall be the sole judge of damage to a KENICK product. Only Surge damage, as defined by KENICK in this document, is covered by this Warranty. If the indicator light on the KENICK product is illuminated, then the product is functioning and is not defective, therefore any potential warranty claim is not valid.

Purchaser will not be reimbursed when a Surge has bypassed the KENICK surge protector and entered the Purchaser’s equipment through another pathway. Entrance Gate motors, home security systems, external TV antenna motors, and/or detached buildings, labor to replace or repair wiring, well pumps, pool, complex interconnected home theater systems, garage door openers, and medical equipment are not covered.

Warranty Claims Procedure
Within a reasonable time, but in no event more than thirty (30) days after Purchaser's discovery of a defect, Purchaser shall contact the supplier of the KENICK product and request a claim form. This claim form must be completed and returned to Kenick. Per Kenick discretion, Purchaser shall ship the damaged equipment along with proof of purchase and written description of defect, freight prepaid, to KENICK. Products shipped to KENICK without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to KENICK that have incurred freight damage due to Purchaser's improper packaging of the product will not be covered by this Warranty. Warranty coverage will be valid only after KENICK's inspection of the product reveals a defect covered by this Warranty. Subject to the limitations herein, KENICK will repair or replace the nonconforming product without charge for labor or materials.

Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE KENICK PRODUCT AS SET FORTH HEREIN. IF PURCHASER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, KENICK'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL KENICK ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.

Miscellaneous:
No distributor, representative, salesperson, employee or agent of KENICK is authorized to add to or vary the terms of this Warranty. This Warranty is effective as of the date of KENICK receipt of full payment for the KENICK product and supersedes all previous warranties. KENICK reserves the right to supplement or change the terms of this Warranty in any subsequent warranty offering to Purchaser or others. This warranty effective date is June 1, 2019.
In the event that all or any part of any provision of this Warranty should be or becomes invalid or unenforceable during the Warranty period, the remaining part of the provision and the other provisions herein shall continue in full force and effect. This Warranty is given in and is to be construed under the laws of the State of Florida.

If the indicator light on the KENICK product is functioning, the product is considered operational and warranty shall not apply.

This Warranty represents the full, final and entire agreement between KENICK and Purchaser with respect to the subject matter herein and supersedes all prior or contemporaneous oral or written communications, representations and understandings relating to this subject.

Consent(Required)

I agree to the terms and conditions of Glades Electric Cooperative's surge protector agreement as stated below:

GLADES ELECTRIC COOPERATIVE, INC. (GEC) agrees to provide basic surge protection and the Member agrees to accept said protection under the following terms and conditions:

The undersigned member of GLADES ELECTRIC COOPERATIVE, INC. (GEC) hereby agrees to lease the Kenick meter base device (EQUIPMENT) from GEC for a period of two (2) years from the date hereof. At the end of the
two (2) year period this agreement will continue on a month to month basis until terminated by either party by giving thirty (30) days written notice. The undersigned member agrees to pay GEC a thirty ($30.00) installation fee plus six ($6.00) dollars monthly lease payment for the EQUIPMENT and understands that the lease payment will be shown as a separate item and be payable with the member’s electric bill. If the member terminates this lease before the end of the said two (2) year period, the member agrees to pay a fee of one hundred fifty ($150.00) dollars due immediately upon termination.

The member hereby grants to GEC the right to install, operate, maintain, and rights of ingress and egress to and from the EQUIPMENT. Neither the member nor any person acting on the member’s behalf shall install, repair, remove, service, or otherwise TAMPER with the EQUIPMENT. The premises shall at all times be grounded according to the National Electric Code. The member further understands that the electric service to the premises will be briefly interrupted during the installation and removal of the EQUIPMENT and agrees to hold GEC harmless for this. It is understood and agreed that the EQUIPMENT is leased to the member and shall remain at all times the property of GEC.

The member understands that the EQUIPMENT is designed to protect motor‐driven electric appliances within the primary dwelling from damage caused by transient voltage surges. Motor driven electric appliances are defined as the following common household motor driven electric appliances, to wit: refrigerators, clothes washers and dryers, dishwashers, HVAC units, hard wired fans, freezers, and cooking appliances. Entrance gate motors, home security systems, external TV antenna motors, and/or detached buildings, labor to replace or repair wiring, well pumps, pool, complex interconnected home theater systems, garage door openers, and medical equipment are not covered.
EQUIPMENT does not prevent or protect from direct lightning strikes. The equipment does not prevent or protect from electric service interruptions, or power surges entering the premises through any source other than GEC’s electrical facilities, including but not limited to television cable, telephone lines, internet cable/lines, or satellite systems.

The member acknowledges that the EQUIPMENT manufacturer’s warranty information has been provided by GEC.
In no event shall GEC be responsible or liable for direct or indirect claims, losses, property damage or personal injury which may occur because of the failure of the EQUIPMENT and/or additional Kenick plug‐in devices purchased by the member to perform in accordance with the manufacturer’s specifications. In the event of any problem with or failure of any device mentioned in this agreement, or to file a claim, the member shall notify GEC within thirty (30) days of discovery of a defect and request a claim form.

GEC SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE EQUIPMENT AND ADDITIONAL
PLUG‐IN DEVICES WHETHER LEASED OR SOLD, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

With respect to its interpretation, construction, effect, performance, enforcement, and all other matters, this Agreement shall be governed by, and be consistent with, the laws of the State of Florida, both procedural and substantive.
Any and all litigation arising under this Agreement shall be brought in the appropriate State of Florida court in Glades County, Florida. In the event of litigation, the prevailing party shall be entitled to recover its costs, including a reasonable attorney’s fee.