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Heating Consumption Guarantee
Aspen Homes is so confident in the efficient design and construction of our homes that we guarantee the amount of fuel it will take to heat your home, and that it will be significantly lower than that of a typical home.
Aspen Homes takes extensive efforts to control the factors of construction that govern the efficiency of your home in terms of the energy required to heat the space. As long as the home is operated in a reasonable way during the heating season, we can predict the number of therms it will take to heat your home.
Because the amount of hot water used from one home to the next can differ by more than 300%, the guarantee covers only the amount of therms used to heat your home and does not include the therms used to heat your hot water. For more information on the heating guarantee, please review the sample Aspen Homes Space Heating Consumption Guarantee below.
Heating Guarantee
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Space Heating Consumption Guarantee: Aspen Homes of Colorado, Inc. (Aspen), has designed and constructed your home at _____________________________, which is Aspen's Model Home _______________, to be energy efficient. Aspen has determined that your home should consume _______ of natural gas "therms" to heat the home during a one (1) year period of time (space heating consumption). Following the closing of the purchase of your home, for a period of one (1) year beginning on the beginning date of the second billing period of your home's natural gas consumption (gas billing) as stated in the gas billing statement, Aspen will guarantee your space heating therm consumption will not exceed __________therms in that year's period of time (guaranteed annual therm space heating consumption). This guarantee is limited to the amount of therm space heating consumption and not consumption from heating of hot water for its various uses in the home. Hot water consumption varies so widely with the personal needs and demands of the homeowner that this consumption cannot be and is not guaranteed.
- Calculation of Guaranteed Annual Therm Space Heating Consumption Cost. To Calculate your home's "annual therm space heating consumption cost," you will need to furnish Aspen with your monthly natural gas bills for the year guaranteed (guaranteed gas bills), and from these monthly bills, which state the monthly therm consumption cost, the total "annual therm consumption cost" will be calculated. From the total annual therm consumption cost, Aspen will deduct the annual therm consumption cost to heat the home's hot water. This is calculated by averaging the three (3) lowest months (typically June, July and August when there is usually no space heating therm consumption) therm consumption cost and multiplying the average amount times fourteen (14). Fourteen (14) is use rather than twelve (12) because the water delivered to the home in the colder months is colder than the water furnished in the summer months and takes more therms to heat. The resultant amount is the "base annual hot water therm consumption cost." Aspen will subtract the base annual hot water therm consumption cost from the total annual therm consumption cost, and that amount is your home's annual therm space heating consumption cost. To protect your privacy, copies of your natural gas bill will be released only to Aspen Homes of Colorado, Inc., Built Green and E-Star for quality control and statistical purposes.
- Homeowner Responsibilities: Since your use of the home can substantially affect the energy consumption of your home, this space heating consumption cost guarantee will not apply to and Aspen Homes of Colorado, Inc. will not be liable hereunder if the following shall not be done or performed by you as the home owner:
a. Windows and doors are closed when the HVAC system is in operation. This includes not leaving the door open other than for normal ingress and egress. b. Install drapes, curtains, blinds or window covering on all windows and glass doors. c. Operate and service heating system as recommended by the manufacturer. d. Change HVAC filter one month after closing and at least every three (3) months or in accordance with manufacture1s recommendations. (Failure to replace filters as required could result in damage to HVAC system.) e. Maintain Thermostat setting no higher than 72 degrees during the heating season. f. Aspen Homes of Colorado, Inc. granted permission to obtain copies of the monthly utility bills from the utility company, for the purpose of review, during the one- year guarantee period.
- Limitations and Conditions: ASPEN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE NATURAL GAS, ELECTRICAL OR ANY OTHER ENERGY USAGE OR CONSUMPTION OF THE HOME EXCEPT AS EXPRESSLY STATED HEREIN. Aspen reserves the right to do a home inspection. In the event that Aspen should fail to pay the space heating consumption excess or furnish the calculations as it has promised above, it shall be liable only for the payment of the excess not paid and not liable for any other cost, payments, damages or expenses whether they are direct, consequential of incidental thereto. This guarantee will also not apply if any of the following shall occur:
a. Homeowner is found to exceed the temperature recommendations for winter operations as set forth in the guarantee. b. Homeowner modifies or changes any portion of the structure which breaks the envelope of the home or which affects the operation of the HVAC system. c. The home is used for purposes other than a single-family residence. d. Homeowner installs a whirlpool or hot tub. e. Homeowner makes modifications to alter the distribution of air to any room. f. Homeowner fails to have the HVAC system serviced properly or modifications are made on the HVAC equipment, distribution or ventilation system. g. The homeowner is not the occupant of the home. h. Homeowner fails to comply with any of the responsibilities listed above.
- Claims: If your consumption difference exceeds the guaranteed amount then, within 45 days of the one-year period of the guarantee, submit your claim in writing along with copies of your bills to: Aspen Homes of Colorado, Inc., Attention: Rob Sabin - Research & Development, 3037 N. Taft Avenue, Loveland, CO 80538 fax: (970) 663-6262.
If your claim is valid, the actual cost to be reimbursed to you will be calculated by applying the actual utility rates to the consumption difference. At its discretion, Aspen Homes of Colorado, Inc. may inspect, meter, or make modification or repairs as necessary to lower the heating energy consumption.
- Assignability of Guarantee: This guarantee is personal to you as the original owner and purchaser of the home and cannot be assigned to anyone else by you.
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