TERMS & CONDITIONS

1. SCOPE OF SERVICES. These Terms and Conditions (“Terms”) shall govern your purchase of the One Plug generator transfer device (“Product”) sold by FPL Energy Services, Inc. (“FPLES”) to you in accordance with the work described in the Quote on the reverse side of this paper (collectively, the “Services”) at your designated residence (“Site”). FPLES Quote is based upon information you provided and apparent conditions at the Site without an extensive investigation by FPLES. THERE IS A POSSIBILITY OF THE EXISTENCE OF UNKNOWN CONDITIONS AT OR ON YOUR SITE THAT MAY ADVERSELY AFFECT FPLES’ ABILITY TO PERFORM THE SERVICEOR COMMENCEMENT OF THE SERVICES OR INSTALL THE PRODUCT AT THE SITE. YOU ACKNOWLEDGE THAT FPLES DOES NOT ASSUME THE RISK OF AND SHALL NOT BE RESPONSIBLE FOR ANY SUCH UNKNOWN CONDITIONS.

2. ACCESS/ASSISTANCE. You shall provide FPLES (and its contractors) with access to all necessary areas, and provide necessary requested information related to utility service and equipment operation at the Site. You are aware that FPLES is relying upon the accuracy and completeness of such information in order to properly perform the Services. FPLES shall have the right to suspend the Services or adjust the installation schedule accordingly in the event that there is inadequate access to the Site, or if any required information is not promptly provided, or in the event that the safety of any person or property might be jeopardized by continuing with the Service. In the event of damage to the electric utility meter at the Site that is caused by you, your agents or your contractors, you agree to indemnify, defend and hold FPLES harmless and pay all repair or replacement costs associated with such damage.

3. WARRANTY. FPLES warrants that the Services necessary hereunder will be performed with a reasonable degree of skill and care that conforms to then generally accepted industry standards. As a condition of FPLES’ performance of the Services, you shall pay all fees set forth in the Quote on the reverse side of this paper. For twenty-four (24) months following date the Product is installed at your Site, FPLES warrants that the Services necessary hereunder will be performed with a reasonable degree of skill and care that conforms to the Product manufacturer’s specifications, and if the Product proves defective during the forgoing warranty, FPLES shall, at its sole discretion, and at no additional cost to you either, repair or replace the defective Product or re-perform any defective Services, which shall be your sole and exclusive remedy afforded for any warranty claims hereunder. FPLES agrees to pass through for your benefit any additional manufacturer provided warranties provided with the Product. ANY WARRANTY CLAIM PERTAINING TO THE PRODUCT MORE TWENTY-FOUR (24) MONTHS AFTER THE DATE THE PRODUCT IS INSTALLED AT THE SITE SHALL BE EXCLUSIVELY MADE TO THE MANUFACTURER AND NOT FPLES. Warranty claims shall be made immediately following the discovery of such claim. FPLES shall not be responsible to provide any Service to any third party or for any other costs, fees, or expenses associated with any warranty claim, whether direct or indirect except as expressly provided herein. FPLES shall not be responsible for, and the warranty expressly stated in this Section 3 shall not apply to, any: (a) errors in Services caused by faulty information you provided or any third party directed by you; (b) your relocation, movement, improper operation or misuse of the Product or any third party that is not authorized by FPLES; (c) your failure to maintain proper site or environmental conditions, as required by the manufacturer; (d) any unauthorized attempt to repair, maintain or modify the Product by anyone other than FPLES or its authorized agents or subcontractors; (e) normal wear and tear; (f) accident, fire or negligent misuse of the Product; (g) incidental, consequential or indirect damages caused by defects in materials workmanship, or any delay in repair or replacement of a defective part;(h) bodily injuries to persons; (i) any structural or electrical system damage to the Site; or (j) force majeure events (including lightening strikes). Necessary maintenance, installation or repairs to the Product shall only be performed by authorized FPLES contractors. FPLES EXPRESSLY DISCLAIMS AND DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THE FOREGOING WARRANTY IS EXCLUSIVE TO YOU AND NON-TRANSFERABLE OR ASSIGNABLE, AND THE REMEDY SET FORTH IN THIS SECTION 3 IS EXCLUSIVE AND IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 5. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND 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. IN NO EVENT WILL MEDICAL OR LIFE SUPPORT EQUIPMENT BE COVERED UNDER THIS WARRANTY.

4. EXISTING CONDITIONS. FPLES is only being retained to perform Services relating to the installation of the Product and shall not be responsible for identifying any hazardous conditions or correcting any non-compliance of your facilities or your Site with applicable laws, codes, homeowner association bylaws, rules, and regulations. FPLES is not responsible for any damage which may arise from existing conditions, including but not limited to improper wiring and installation of pre-existing equipment at the Site. You represent to FPLES that you have the authority to have the authority to enter into this Contract and/or install and/or the Product from the Site, and you shall bear all costs attributable thereto, and you shall, at your own expense, defend, indemnify and hold FPLES harmless from and against all liability, loss or damage (including attorneys’ fees) assessed against or suffered by FPLES as a result of an allegation or claim you did not have such authority.

5. LIMITATION OF LIABILITY FOR ALL CLAIMS. FPLES’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS AND THE SERVICES PERFORMED (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) TO YOU OR TO ANY THIRD PARTY SHALL IN THE AGGREGATE BE LIMITED TO THE FEES RECEIVED BY FPLES HEREUNDER BY YOU. 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 LOST PROFITS OR SAVINGS) EVEN IF FPLES WAS ADVISED OF THE POSSIBILITY. 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).

6. FORCE MAJEURE. FPLES shall not be responsible to you in an event or circumstance that is not reasonably foreseeable, or that are beyond the reasonable control of and is not cased by FPLES. Such events or circumstances may include, but are not limited to, actions or inactions of civil or military authority (including courts and governmental or administrative agencies), hurricanes, acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions, floods, strikes, lockouts, supply shortages or other labor disputes or difficulties.

7. DOCUMENTATION. FPLES may provide you with manuals, data, or information (collectively, “Documentation”) applicable to the equipment 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.

8. 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 Product 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 OR THE PERFORMANCE OF SERVICES BY FPLES HEREUNDER.

9. CUSTOMER SUPPORT NUMBER. In order to obtain warranty service hereunder, FPLES must be contacted [1-866- ONE-PLUG no more than seven (7) business days of discovery of the damaged or nonperforming Product.

10. 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.

11. OWNERSHIP. Excluding any intellectual property rights to the Product, upon full payment of monies owed by you hereunder, you shall have title to the Product. The manufacturer of the Product retains ownership to the intellectual property contained in the components and aspects of the Product and Documentation provided hereunder.

12. GENERATOR USE. THE SERVICES HEREUNDER AND THESE TERMS DO NOT INCLUDE THE SALE OF A GENERATOR. YOU UNDERSTAND AND ARE AWARE THAT USING A GENERATOR IS A POTENTIALLY HAZARDOUS ACTIVITY. YOU ALSO UNDERSTAND THAT THE USE OF GENERATORS INVOLVES THE RISK OF SERIOUS INJURY, PROPERTY DAMAGE AND EVEN DEATH, AND THAT YOU WOULD BE USING THE GENERATOR WITH THE KNOWLEDGE OF THE DANGERS INVOLVED. AS SUCH, YOU HEREBY AGREE TO EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE, BODILY INJURY AND DEATH, AND YOU FURTHER AGREE (A) TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE TERMS AND CONDITIONS, AND (B) TO RELEASE, INDEMNIFY AND HOLD FPLES, ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS HARMLESS FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM ALL INJURIES, DEATH, OR DAMAGES OF WHATEVER TYPE WHICH MAY BE INCURRED DURING THE YOUR USE OR OPERATION OF A GENERATOR IN CONNECTION WITH USE OF THE PRODUCT HEREUNDER.

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

14. TERMINATION. FPLES may terminate these Terms upon notice to Customer in the event FPLES determines that the Product cannot be installed at the Site for whatever reason, whether resulting from technical, safety or otherwise, or in the event you breaches any term or condition contain herein, including without limitation, your payment obligations for the Product and Services provided hereunder. You may cancel your order of the Product within 30 days from the scheduled date of installation; HOWEVER, IF YOU ELECT TO CANCEL, THEN YOU WILL BE SUBJECT TO A $350 CANCELLATION FEE FOR RESTOCKING, INSTALLATION, REMOVAL, SHIPPING, HANDLING & ADMINISTRATIVE FEES. NO ORDERS MAY BE CANCELLED FOLLOWING INSTALLATION OF THE PRODUCT AT THE SITE. THE SALE OF THE PRODUCT AND PROVISION OF SERVICES ARE NON-CANCELABLE AND NON-REFUNDABLE EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR ON THE REVERSE SIDE IN THE QUOTE.

15. RELOCATION/REMOVAL: In order for you to preserve your warranty under Section 3, and upon your request, FPLES may agree to remove the Product from the Site; provided, however, you will charged a $60 removal fee, as well as a $60 reinstallation charge. Any reinstallation of the Product is limited to (a) the original owner of the Product, (b) Florida Power & Light Company’s service territory, and (c) subject to inspection and approval of FPLES.

16. ENTIRE CONTRACT. These Terms and the terms and conditions set forth on the reverse side of this paper 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. Any change to these Terms or the Quote shall be subject to the mutual written consent of the parties.