Participation Agreement
These terms and conditions (“Agreement”) create an agreement between the City of San José (“City”), administrator of San José Clean Energy (“SJCE”), and you, an applicant (“Applicant”) to the SJCE EV Instant Rebates Program (“Program”). This agreement governs your eligibility and participation in the Program. By participating in the Program, you agree to comply with and be bound by the terms of this Agreement.
Program Description
The San José Clean Energy EV Instant Rebates Program is administered by City and implemented by Energy Solutions (“Implementer”). The Program offers discounts at point-of-sale from participating dealers on qualifying electric vehicles. Any SJCE customer that meets the eligibility requirements is eligible for an SJCE EV Instant Rebate. Qualifying vehicles may be found online at sanjosecleanenergy.org/ev-rebates.
Program Term
This Agreement is effective upon execution of this agreement and remains in effect until 2 years after execution (“Term”). Applicant agrees to retain the eligible vehicle for a minimum of 24 consecutive months immediately after the vehicle purchase or lease date and will register the new vehicle with the California Department of Motor Vehicles for use at the address noted previously during that period.
Incentives
This point-of-sale rebate will be deducted from the purchase price of the qualifying vehicle. Rebates are issued on a first-come, first-served basis and subject to availability of Program funds. Total value of all rebates from SJCE and any other state, federal, or utility programs applied at point-of-sale may not exceed the total cost of the vehicle. Applicant is solely responsible for any costs beyond the rebate amount.
Applicant is solely responsible for compliance with federal, state, and local tax and other laws, and any costs associated with accepting and using any incentives. Rebates may be taxable. SJCE and City staff cannot provide tax advice, and Applicants are solely responsible for any tax implications.
Data Sharing and Privacy
Applicant grants permission to the dealer to share their information with City. Applicant agrees that the City and their agents may collect data including utility account info, energy usage, billing data, permit records, demographic and survey data for program operation, evaluation, and reporting, and may be anonymized. The City will handle data in accordance with SJCE’s Customer Confidentiality Policy.
Communications
By entering into this Agreement, Applicant represents that it is the authorized user of any email address and mobile telephone number that it provides to the City related to their application. Applicant hereby authorizes the City, SJCE, and any third-party contractor, subcontractor, or affiliate to deliver Program-related communications, irrespective of Applicant’s email address or mobile telephone number being included on any state or federal “do not contact” list or on any similar list or registry.
Standard message and data rates may apply for any email or SMS text message delivered to Applicant. Such charges will be charged by Applicant’s mobile and/or internet service provider(s) and paid by Applicant. Applicant may be contacted for surveys or asked to provide testimonials or media.
Limitation of Liability and Indemnification
The City makes no representations or warranties with respect to the Program or their services hereunder. The City expressly disclaims any and all representations and warranties, express or implied, with respect to the same, including, without limitation, merchantability and fitness for a particular purpose.
Applicant shall defend, indemnify, and hold harmless the City and their officers, employees, representatives, and agents from any claims, losses, damages, injuries, expenses, or liabilities arising from Program participation or breach of this Agreement. Applicant acknowledges and agrees, to the maximum extent permissible by law, that: (i) Applicant assumes full responsibility for any loss that results from Applicant’s enrollment and participation in the Program; and (ii) the City shall not be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if such losses are based on negligence and regardless of whether the City terminates Applicant’s enrollment or participation in the Program. The City reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Applicant (without limiting Applicant’s indemnification obligations with respect to that matter), and in that case, Applicant agrees to cooperate with the City’s defense of those claims. Applicant must contact City within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute or waive the right to pursue any claim based upon such event, facts, or dispute. Claims against the City may be subject to the California Government Tort Claims Act, California Government Code section 900 et seq., including that Act’s presentation of claims procedures.
Applicant waives all rights to claims which may be unknown at present, and understands this includes waiving all rights under California Civil Code section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Applicant Certifications
Applicant certifies that all information submitted is accurate and complete.
Applicant Covenants
Applicant will comply with all Federal, State, and local laws, rules, and regulations.
Neither SJCE nor Implementer makes any guarantee of the SJCE EV Instant Rebate, and make no representations, or warranties, expressed or implied, regarding the vehicles purchased or leased. Implementer is an independent contractor of SJCE.
I confirm that neither I nor anyone else in my household have received the SJCE rebate in the last year. I understand only one rebate is allowed per household, per year.
