1. Professional Standard of Care
GreenAbility Decarbonization & Fluid Systems LLC performs all engineering evaluations, thermodynamic calculations, and facility decarbonization recommendations in accordance with the standard of care customarily exercised by licensed Professional Engineers (PE) performing similar mechanical consulting services under similar circumstances in the State of Minnesota and applicable regional jurisdictions.
Engineering opinions, audit reports, and Life-Cycle Cost Analyses (LCCA) represent professional engineering judgments based upon measured telemetry, physical observation, and established thermodynamic principles (including ASHRAE Standards 90.1, 62.1, and Guideline 36). No other warranty, express or implied, is made.
2. Online Analytical Calculators & Preliminary Models
The online computational models provided on yourgreenability.com—including the Pump Affinity Law VFD Retrofit Calculator—are delivered strictly as preliminary educational and screening tools. They illustrate theoretical fluid dynamic principles based on idealized cubic affinity scaling ($P propto N^3$) and user-entered nameplate estimates.
Actual field savings are subject to physical system constraints, including static elevation head, minimum motor thermal speeds, variable electrical tariffs, and utility demand ratchets. Online calculations do not constitute a sealed Professional Engineering recommendation or an investment-grade audit until verified through an on-site engineering evaluation signed and stamped by a licensed PE.
3. Client Responsibilities & Reliance on Nameplate Data
Accurate thermodynamic analysis depends upon reliable input data. The Client agrees to supply accurate and complete facility records, including:
- Current, true utility billing statements, interval electric demand data, and tariff rider schedules.
- Manufacturer nameplate specifications, operating pump curves, and maintenance logs for central plant equipment.
- Documented facility operating schedules, occupancy profiles, and process thermal demand profiles.
GreenAbility shall be entitled to rely upon the accuracy and completeness of all client-supplied data and representations without independent verification, except where explicitly included within an on-site sub-metered measurement scope.
4. Utility Rebates and Section 179D Tax Deduction Disclaimers
GreenAbility prepares comprehensive technical documentation, whole-building 8,760-hour computer simulation models (EnergyPlus / DOE-2.2), and sealed PE certifications designed to meet or exceed the rigorous qualification requirements of utility custom energy rebate programs and Internal Revenue Code Section 179D commercial building deductions.
However, the Client acknowledges and agrees that:
- Utility Rebate Approvals: Final rebate approval and incentive disbursement are determined exclusively by the respective public utility program administrator (e.g., Xcel Energy, CenterPoint Energy) based on their internal tariff guidelines and post-installation inspections.
- Section 179D Tax Deductions: While GreenAbility provides the required independent PE modeling and certification under IRS Notice 2006-52 and IRS Notice 2008-40, GreenAbility is not a public accounting or tax advisory firm. The Client must consult their certified public accountant (CPA) or corporate tax attorney regarding the formal claiming and timing of Section 179D deductions on IRS Form 7205.
5. Limitation of Liability
To the fullest extent permitted by applicable law, the total cumulative liability of GreenAbility Decarbonization & Fluid Systems LLC, its principals, officers, and employees for any claims, losses, costs, or damages arising out of or related to our engineering services or the use of our website tools shall be limited to the total consulting fees actually paid to GreenAbility by the Client under the specific project contract, or $10,000, whichever is greater. In no event shall GreenAbility be liable for indirect, incidental, or consequential damages, including loss of facility production or business interruption.
6. Governing Law & Dispute Resolution
These Terms and all disputes arising out of or related to our consulting practice shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be instituted exclusively in the state or federal courts located in Hennepin County, Minneapolis, Minnesota.
7. Professional Contact
For inquiries regarding our terms of service, consulting agreements, or master engineering service agreements (MSA), please contact:
GreenAbility Decarbonization & Fluid Systems LLC
Office of the Principal Engineer: Dr. Aris Thorne, PE, CEM
701 N 3rd St, North Loop, Minneapolis, MN 55401
Email:
[email protected]