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Reduce your A/C’s energy use by up to 15%*

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Due to recent weather conditions affecting Florida, we are experiencing higher than normal call volume and hold times, as well as a delay in order/claim processing and installations. We appreciate your patience as we work towards resuming normal business operations. For FPL outage related inquiries, please call 800-4-OUTAGE (1-800-468-8243).

Terms and Conditions


1. SCOPE OF SERVICES. These Terms and Conditions (“Terms”) shall govern your purchase of the air filters (“Products”) provided in connection with FPL Energy Services, Inc. (“FPLES”) A/C FilterSmart Program (“Program”) and FPLES’s provision of reminder services (“Services”) for use at your designated business or residential location (“Site”)

2. WARRANTY EXCLUSION. FPLES warrants that the Products will: (i) be of the proper filter type and size as specified by you when you signed up for the Program, (ii) be free from faults and defects, and (iii) be suitable for the use intended. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. THE FOREGOING WARRANTY IS EXCLUSIVE TO YOU AND NON-TRANSFERABLE OR ASSIGNABLE, AND THE REMEDY SET FORTH IN THIS SECTION 2 IS EXCLUSIVE AND IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 3. NO OTHER WARRANTY OR REMEDY OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY.

3. LIMITATION OF LIABILITY FOR ALL CLAIMS.FPLES obligations under these Terms shall be limited to (i) replacing any defective Products not operating in accordance with Section 2. Claims shall be made immediately following the discovery of such non-conformance. FPLES shall not be responsible to provide any Products to any third party or for any other costs, fees, or expenses associated with any warranty claim, whether direct or indirect. FPLES shall not be responsible for, and FPLES obligations stated in this Section 3 shall not apply to: (a) your relocation, improper operation or misuse of the Products; (b) your failure to timely replace the Products as new Products are received under the Program; (c) any unauthorized attempt to repair, maintain or modify any Product provided hereunder; (d) normal wear and tear; (e) accident, fire or negligent misuse of any Product provided hereunder; (f) incidental, consequential or indirect damages caused by defects in materials, workmanship, or any delay in replacement of defective Products; (g) bodily injuries to persons; or (h) any structural, HVAC system, or other property damage to the Site. NOTWITHSTANDING THE FORGOING, FPLES’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRODUCTS AND THE SERVICES (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) TO YOU OR TO ANY THIRD PARTY SHALL IN THE AGGREGATE BE LIMITED TO DIRECT DAMAGES EQUAL TO (BUT NOT EXCEEDING) THE FEES FOR THE PRODUCTS YOU HAVE PAID AND FPLES HAS RECEIVED HEREUNDER. IN NO EVENT SHALL FPLES BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCTS, SERVICES, OR ANY ASSOCIATED EQUIPMENT, LOSS OR DAMAGE, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, SERVICE, DOWNTIME, THE CLAIMS OF THIRD PARTIES, AND INJURY OR DAMAGE TO NON A/C FILTERSMART PRODUCTS OR PROPERTY) EVEN IF FPLES OR ITS CONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW IRRESPECTIVE OF WHETHER LIABILITY IS CLAIMED, OR FOUND TO BE BASED IN CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY)

4. DOCUMENTATION. FPLES may provide you with manuals, data, or information (collectively, “Documentation”) applicable to the Products in FPLES’ possession. Any documents provided hereunder are for informational purposes only, and FPLES makes no warranty or representation with regard to the accuracy or completeness of any such documents or information provided by FPLES, and FPLES EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY WITH REGARD TO SUCH DOCUMENTATION.

5. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL. These Terms shall be governed by the laws of the State of Florida. Any suit relating to these Terms or the Service hereunder shall be instituted in any state or federal court in Palm Beach County, Florida, and the parties submit to the sole and exclusive personal jurisdiction of such court. THE PARTIES HEREUNDER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THESE TERMS, THE PRODUCTS, OR THE PERFORMANCE OF SERVICES BY FPLES HEREUNDER.

6. CUSTOMER SUPPORT NUMBER. In order to obtain customer service hereunder, FPLES must be contacted 1-888-353-7451 no more than seven (7) business days of discovery of the damaged or nonperforming Product.

7. SEVERABILITY. If any provision of these Terms or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

8. OWNERSHIP. The manufacturer of the Products provided hereunder retains ownership and all right, title and interest to the intellectual property contained in the components and aspects of the Products and Documentation.

9. ASSIGNMENT. FPLES may, in its sole and unrestricted discretion assign, delegate, transfer, subcontract or otherwise dispose of its rights and obligations hereunder to an affiliate or subsidiary, without notice to the Customer. You shall not assign, delegate or otherwise dispose of your obligations hereunder without FPLES’ written consent

10. TERMINATION. FPLES may terminate these Terms and cancel your order for the Products and Services immediately upon notice to Customer in the event (a) any regulatory agency promulgates any rule or order which in effect or application substantially impedes FPLES from fulfilling its obligations hereunder, or materially and adversely affects FPLES’ ability to provide the Products or Services under these Terms, (b) you breach any term or condition contained herein, including without limitation, your payment obligations for the Products provided hereunder, or (c) FPLES makes a commercial decision to discontinue the Program hereunder. FPLES may also elect, in its sole discretion, to terminate these Terms and cancel your order for the Products and Services upon thirty (30) days notice to you.

11. FEES, ORDERS AND PAYMENT TERMS. 11.1 Acceptance of Orders.Orders are not binding upon FPLES until they have been accepted and Customer receives a confirmation/receipt. FPLES must receive payment before it will accept an order. You agree to pay the amount(s) due as specified on the confirmation/receipt. 11.2 Changes or Cancellations of Orders. You may cancel or change an order at any time before it has been shipped by calling 1-888-353-7451 during FPLES’ normal hours of operation (Monday through Friday, 8:00 A.M. to 5:00 P.M. Eastern Standard Time). All requests received after an order has been shipped must be handled through the normal procedures for returns/refunds described below. 11.3 FPLES does not guarantee same-day processing or shipping. Orders are not processed on weekends or holidays. No deliveries will be made on Saturday or Sunday. FPLES does not offer shipping options outside of the continental United States. 11.4 FPLES offers customers a 30-day return period (replacement or refund) on all unused Products. To be eligible for a refund or replacement, you must request a refund or replacement in accordance with the Product Return Procedure (detailed below) within 30 days after the order confirmation/receipt date. Return shipments not in compliance with Product Return Procedure may be rejected. To request a refund or replacement, you must first obtain a Return Merchandise Authorization ("RMA") number by calling 1-888-353-7451 within the 30-day return period for the product. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return Product during shipment. 11.6 Refunds. Within seven (7) business days after receipt of the returned Product(s) in compliance with the Product Return Procedure, FPLES will refund to your credit/debit card the full original cost of the Product(s) plus applicable taxes. 11.7 Fee Changes. FPLES may, in its sole discretion, elect to increase the fees for this Program upon forty-five (45) days prior written notice to you. You may reject the increase in fees by terminating a recurring order pursuant to Section 11.2.

12. DISCLAIMER AND RELEASE. FPLES IS SOLELY RESPONSIBLE FOR (I) ADMINISTERING AND PROVIDING THE PROGRAM AND THE PRODUCTS AND SERVICES, (II) SUPERVISING, DIRECTING AND MANAGING ITS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS, (III) ALL ISSUES, CLAIMS, AND DISPUTES RELATING TO THE PROGRAM, THE PRODUCTS, THE SERVICES, OR THESE TERMS. FLORIDA POWER & LIGHT COMPANY, NEXTERA ENERGY, INC., THEIR AFFILIATES AND/OR SUBSIDIARIES (OTHER THAN FPLES), DO NOT HAVE ANY RESPONSIBILITIES UNDER THESE TERMS, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS OR DISPUTES RELATING TO THESE TERMS, NOR DO THEY PROVIDE ANY TYPE OF GUARANTEE, WARRANTY, PROMISE OR COVENANT, EITHER EXPRESS OR IMPLIED, AS TO THE PROGRAM, PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS. BY SIGNING UP FOR THE PROGRAM, YOU AGREE TO RELEASE ALL AFFILIATES AND SUBSIDIARIES OF NEXTERA ENERGY INC., OTHER THAN FPLES, FROM AND AGAINST ANY LOSSES, DAMAGES OR LIABILITIES OF ANY KIND RESULTING OR ARISING FROM THE PROGRAM, THE PRODUCTS AND THE SERVICES.

13. ENTIRE TERMS. These Terms are the entire understanding between the parties and supersede any terms in any purchase orders or other documents from you, and supersedes all prior agreements, representations and communications regarding this subject matter. The headings in these Terms are provided for convenience of reference only and shall not affect the construction of the text of these Terms. FPLES may amend these Terms from time to time, but such modifications to the Terms shall be effective upon FPLES delivery of notice to you.

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* The US Department of Energy states, "Replacing a dirty, clogged filter with a clean one can lower your air conditioner's energy consumption by 5% to 15%"

A/C FilterSmart is offered and provided by FPL Energy Services, (FPLES), which is a subsidiary of NextEra Energy, Inc., and an affiliate of Florida Power & Light Company, (FPL). FPLES' products and services are not offered, administered, or backed by FPL. FPLES, 6001 Village Blvd., West Palm Beach, FL 33407.