SOLAR ELECTRIC SUPPLY INC

1. Notwithstanding any different or additional terms and conditions that may be embodied in Buyer's order, such order is accepted only on the conditions that Buyer assents to the terms and conditions contained herein. The failure of Buyer to object hereto in writing shall constitute assent hereto.

2. Payment terms of sale are pre‐payment prior to shipping unless otherwise specified on invoice. Returned, dishonored or NSF checks will incur a $25 charge. Net 30 Terms are available with credit approval. A Service Charge of 1 1/2% per month (18% APR) will be charged on all past due balances.

3. Prices do not include tax. Taxes will be added in all cases unless an exemption certificate is on file with the Seller. Buyer shall pay the amount of any applicable sales, use, compensating, intangibles, gross income or like tax, import duties, and similar charges levied by any governmental authority in connection with this order.

4. All sales are final. All Grid Tie and or Battery Backup systems or Special order, custom built and non‐stock items are non‐cancellable and non‐refundable. This includes all drop shipments from manufacturers and vendors, all solar module racking or mounting systems or components, grounding items and related hardware, excess wiring. A Return Merchandise Authorization (RMA) from Seller and a restocking charge in the amount of 25% of the price will be subtracted from the value of any return. In addition to 'unused', the material must be in its original packaging and only full kits may be returned, no partial kits or boxes will be accepted. Buyer is responsible for proper packing to ensure safe return, and assumes all risk in the return transport, including shipping cost, loss, and/or damage. All returns are subject to a final count and inspection by Seller upon arrival. Credit will not be issued for damaged goods, used goods, items with missing parts, obsolete products, shipping costs, or in the event the product is received in a condition that prevents it being sold as new.

5. All quotations and sales are F.C.A. point of shipment unless expressly stipulated otherwise in writing. The risk of loss or destruction of, or damage to the materials shall be on Buyer from and after delivery of the materials to Buyer or carrier, whichever occurs first. The shipment will be sent insured, if damaged, it must be noted on the Bill of Lading and reported within 48 hours. Delivery or ship dates are not guaranteed and delinquency in delivery will not constitute grounds for charge back, setoff, or other damages or claims of damages against Seller. Consistent with industry custom and practice, Seller will deliver the goods to the specified address even if there is no one there to sign for them, unless Buyer instructs Seller otherwise in writing. Buyer agrees to pay all costs of delivery or re‐delivery.

6. All orders must be in a writing which includes an order reference and must be received by Seller by mail, courier, facsimile, web, or email. Seller reserves the right to refuse any order based on an error in price or quotation. Modification of any order must be confirmed in writing. Seller takes exception to and hereby objects to all hold harmless and indemnity provisions, either express or implied, set forth in Buyer's order that seek to impose liability on Seller. Seller shall have no liability to Buyer or Buyer's customer for success in obtaining a rebate, the accuracy of the estimated rebate amount, or the amount of the rebate actually received, even if due to Seller error or negligence.

7. By executing a sales order acknowledgment or credit application the Buyer represent to the Seller that as of the date of execution the Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due and that it is solvent within the meaning of applicable Federal Bankruptcy Laws. It is the responsibility of the installer and the person signing this sales order to verify that the listed components on this sales order will work for the actual installation conditions, required project specifications and any applicable safety codes. Solar Electric Supply, Inc. has prepared this quotation based upon the limited details supplied by the Buyer requesting the sales order. Neither Solar Electric Supply, Inc., nor any of its employees or agents are liable or responsible for the listed components, design, installation, kWh production, code compliance, or any other matters related to the system. Ship dates are general estimates only and shall only be provided once the order has been credit approved and product allocated.

8. In the event of any breach or default by Buyer on the terms and conditions of sale set forth herein; Seller may employ any company, corporation, agency or attorney to collect any and all amounts owing from Buyer to Seller, including but not limited to purchase price, service charge, delivery charges, and taxes. Buyer shall pay to Seller all costs, expenses, and fees, including reasonable attorney's fees, incurred by Seller in the enforcement of the said terms and conditions of sale. Santa Cruz County, California shall be the exclusive venue for any litigation.

9. All claims for shortages or allowances must be made in writing within 48 hours of the date of delivery.

10. Solar Electric Supply Inc. may include additional hardware intentionally in case items are damaged in shipping or lost on the jobsite. All items on this material list are non‐returnable/refundable. We will not accept returns for any additional hardware, materials, or items once the order has been shipped.

11. Material furnished for use in the improvement of real property may be subject to the mechanics' lien laws of the jurisdiction in which the materials are used.

12. Due to ongoing supply chain issues, Solar Electric Supply, Inc may choose to issue a credit instead of shipping replacements for any item damaged in shipping and makes no guarantee that replacement items will be available. Solar Electric Supply, Inc or the manufacturer may choose to provide a discount for cosmetic shipping damage in lieu of shipping damage replacement for items the manufacturer has determined are still fully functional and include a full warranty. Solar Electric Supply does not cover cosmetic manufacturer’s defects or any cosmetic defect. In the event of any cosmetic manufacturer’s defect, the factory will be notified, and a corrective action plan provided directly by the factory to the client. Solar modules as a rule are not covered for cosmetic blemishes, anomalies, or defects by Solar Electric Supply and most manufacturers unless otherwise detailed within the manufacturer’s warranty.

13. In no event shall Solar Electric Supply’s total liability exceed the purchase price of the Products. Solar Electric Supply shall not be liable for any indirect, special, incidental, consequential, or exemplary damages. Seller shall not be liable to Buyer for any loss or damaged suffered by Buyer, directly or indirectly as a result of Seller's failure to perform, or delay in performing any obligation under this order where such a failure or delay is caused by labor troubles (including, without limitation, strikes, slowdowns and lockouts), civil disturbance, war, acts of terrorism, weather, Government regulations, inability to obtain or revocation of export or import licenses, interruptions of or delay in transportation, materials shortages, power failure, accidents, or other cause of like or different character beyond Seller's control. Prices subject to change without notice.

14. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE MATERIALS DESCRIBED HEREIN AND BUYER ACCEPTS THE MATERIALS AS IS. SELLER DOES NOT ADOPT OR AFFIRM ANY OF THE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY ANY OF THE MANUFACTURES OF ANY OF THE MATERIALS DESCRIBED HEREIN. SELLER SHALL NOT BE LIABLE TO BUYER OR BUYER'S CUSTOMER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SELLER'S LIABILITY SHALL NEVER EXCEED $500, WHETHER OR NOT SUCH GOODS HAVE BEEN INSTALLED OR MADE PART OF AN IMPROVEMENT TO REAL OR PERSONAL PROPERTY. THE PARTIES AGREE THAT TO FIX THE AMOUNT OF ACTUAL DAMAGES CUSTOMER WOULD INCUR IN THE EVENT THE PRODUCTS SOLD BY SOLAR ELECTRIC SUPPLY, INC. ARE DEFECTIVE WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO DETERMINE AND THE PARTIES HERETO AGREE THE AMOUNT OF $500.00 WOULD BE FAIR COMPENSATION FOR ANY LOSS SUSTAINED BY THE CUSTOMER AND FURTHER AGREE THIS AMOUNT IS REASONABLE UNDER THE CIRCUMSTANCES AT THIS TIME.

15. The above Terms and Conditions of Sale supersede all previous Terms and Conditions and are effective and control all sales occurring after 1/1/2023.