Preventive Maintenance Plan Terms and Conditions

Applicability

These Preventive Maintenance Plan Program Terms and Conditions (this "Agreement") govern the preventive maintenance program offered by Forrest Jordan and Associates (the "Company") to the customer identified in the Purchase Agreement (the "Customer"). The Company shall perform the preventive maintenance services described in the Company's presentation guide provided to the Customer during the in-home consultation and reflected on the Company's website (the "Services") at the visit frequencies and price points set forth therein (the "Plan"). The Customer's purchase of the Plan and the Company's provision of the Services are subject in all respects to this Agreement.

1. Plan Enrollment and Eligibility

1.1 The Plan applies exclusively to compatible standby generator systems and covers preventive maintenance only. The Company will not perform Services on inoperable or non-compliant generator systems. When a generator is determined to be ineligible for Service, a complete diagnostic may be performed at additional cost to identify the corrective actions required to bring the system into compliance. Eligible findings include, without limitation, installation-related safety code violations identified during the initial onsite assessment.

1.2 Pricing is determined by equipment class (air-cooled or liquid-cooled) and the generator's nominal output rating, expressed in kilowatts, for liquid-cooled units up to 150 kW. Diesel-powered generators are not eligible for Plan pricing but may be offered as a standalone service subject to separate fees. Units with a nominal rating exceeding 150 kW are not eligible for Plans; however, one-time specialized service may be offered on a case-by-case basis.

1.3 Active Plans in good standing may be upgraded at any time, subject to additional fees not to exceed the price differential between Plans. All upgrades are billed at then-current prices, regardless of when the original Plan was first purchased.

2. Payment and Renewal

2.1 Payment is due in full at the time of enrollment or renewal. Special financing may be available upon request through the Company's preferred lenders. Partial or split payments are not offered at this time. Payment must be tendered in valid U.S. dollar currency. Acceptable forms of payment, subject to change without notice, include cash, check, and major credit cards (Visa, Mastercard, American Express, and Discover).

2.2 Each annual Plan has a one-year term measured from the effective date of enrollment or renewal. Plans renew automatically at the then-current rate at the end of each term. To opt out of automatic renewal, the Customer must notify the Company in writing prior to the start of the renewal period. The Company will use reasonable efforts to notify Customers of an upcoming renewal in advance, typically thirty (30) days prior to expiration; however, the Customer remains responsible for managing the Customer's renewal status. Cancellation or downgrade requests received after the renewal period are subject to the Company's sole discretion and are evaluated based, in part, on benefits and Services already received.

2.3 All Plan sales are final and non-refundable, except as required by applicable law. Plans are non-transferable and may not be assigned to another person, entity, property, or unit.

2.4 In consideration of the provision of the Services by the Company in accordance with this Agreement and the rights granted to the Customer under this Agreement, the Customer shall pay the fees set forth in the Plan. If the Company does not receive payment within thirty (30) days after it becomes due, the Company, in addition to any other legal and equitable remedies available, may:

(i) charge interest on the unpaid amount at a rate of twelve percent (12%) per annum or, if lower, the maximum rate permitted by applicable law, from the date payment was due until the date paid;

(ii) file a lien on the Customer's premises, or enter the premises and take possession of and remove all materials furnished by the Company in connection with the Services; and

(iii) suspend performance of all Services until payment is made in full.

2.5 The Company, in its sole discretion, reserves the right to require the Customer to pay a deposit prior to the provision of Services. Any such deposit will be credited against fees due under this Agreement as Services are performed. Any unused portion of the deposit, less actual costs incurred by the Company, will be refunded to the Customer upon completion of the Services or earlier termination of this Agreement.

3. Service Scheduling and Delivery

3.1 Routine preventive maintenance Services are performed according to schedule. Major Services are typically scheduled on the anniversary of installation or activation, or at a set interval following the most recently completed Service. When a Service becomes due, the Company will use all reasonable means to contact the Customer for scheduling, including telephone, text message, and email. Service appointments require Customer confirmation before a technician may be dispatched, and Services will not be scheduled or performed without confirmed access to the property.

3.2 The Company will make at least three (3) attempts to contact the Customer for the purpose of scheduling Service. If the Company is unable to reach the Customer, the Customer is responsible for contacting the Company to request a service visit. Failure to do so may result in the Service not being completed. Missed Services will not be rescheduled or provided after the Plan expiration date; in such cases, the Plan must be renewed before any Service can be scheduled.

3.3 Plan holders are responsible for ensuring access to the equipment at the time of Service. Under no circumstances will Company personnel manufacture access through locked or otherwise secured gates, doors, or accessways. The Customer must provide reasonable access to the unit at the confirmed appointment time. If service personnel are unable to access the equipment at the scheduled appointment, the Service will not be completed. The Company will attempt to reschedule missed appointments before Plan expiration and reserves the right to charge a trip fee for makeup appointments resulting from Customer cancellation or no-show.

3.4 Plans are exactly 365 days in duration, or 366 days during leap years. Extensions or adjustments to the Plan expiration date are not permitted, regardless of the generator's status, condition, use, or any other factor.

4. After-Hours and Emergency Service

4.1 Routine preventive maintenance is provided only during normal business hours. After-hours service calls are reserved for emergencies, including equipment failures during outages. The availability of after-hours service is at the Company's sole discretion, and Plan participation is considered solely for the purpose of prioritization. The Company reserves the right to withhold services for any reason, including the safety of equipment and personnel during unsafe weather or working conditions. Repair services, including after-hours emergency services, are subject to additional fees, less applicable discounts (if any). After-hours services may be charged at a premium rate, subject to the Company's then-current policies and rates.

4.2 Emergency service dispatch is prioritized in the following order: (1) known medical needs or safety risks; (2) tier response level corresponding to Plan selection; and (3) non-Plan customers, who receive the lowest priority. The Company reserves the right to request documentation of standing medical needs in order to record such needs in the Customer's file and expedite emergency dispatch when applicable.

5. Scope of Coverage

5.1 Plans cover the home standby generator unit only. Where included, monitoring Services apply to the generator and do not extend to fuel storage systems (such as propane tanks), transfer switches, or other ancillary equipment unless explicitly stated. Such Services may be available for additional fees in certain cases.

5.2 Preventive maintenance Service is not warranted, and participation in the Plan does not guarantee equipment functionality beyond the conclusion of the Service event itself. If equipment fails at any time after a routine Service, additional fees will apply at the Company's then-current rates and policies, subject to any Plan discounts or inclusions.

6. Limitation of Liability

6.1 To the fullest extent permitted by applicable law, the Company's total liability to the Customer for any claim arising out of or related to this Agreement, whether based in contract, tort, negligence, or otherwise, shall not exceed the total Plan fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim.

6.2 In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of use, loss of revenue, property damage beyond the unit serviced, or personal injury not directly caused by the Company's gross negligence or willful misconduct.

6.3 Nothing in this Section limits the Company's liability for damages resulting from gross negligence, fraud, or willful misconduct, or for any liability that cannot be limited under applicable law.

7. Force Majeure

7.1 The Company shall not be in breach of this Agreement, nor liable for any failure or delay in performing its obligations, where such failure or delay results from events beyond its reasonable control. Such events include, without limitation, natural disasters, severe weather, acts of God, pandemics or public health emergencies, supply chain disruptions, labor shortages, government-mandated restrictions, civil unrest, and utility failures.

7.2 In the event of a force majeure occurrence, the Company will use reasonable efforts to notify affected Customers and reschedule Services as conditions allow. Missed Services attributable to a force majeure event will not result in a refund or Plan extension absent written approval from the General Manager.

8. Damage to Property

8.1 The Company shall not be responsible for damage to personal property in the immediate area where Services are rendered, except to the extent such damage results from the Company's gross negligence or willful misconduct.

8.2 If the performance of Services requires modification or alteration of the Customer's structure or property—for example, the temporary removal of decking, fencing, landscaping, or insulating materials—the Customer shall be solely responsible for the costs and expenses of such modifications, alterations, and any subsequent restoration.

8.3 The Company's obligations under any Service guarantee are conditioned upon each of the following:

(a) the Customer notifying the Company in writing of any claim before the expiration of the applicable guarantee;

(b) the Customer having paid in full all amounts due and payable to the Company for the Services and the guarantee;

(c) the Customer providing the Company and its personnel with reasonable access to the equipment and the surrounding area as the Company determines necessary for inspection, retesting, or repair;

(d) the Company being permitted to inspect the condition giving rise to the claim before it is altered or destroyed; and

(e) all repair work being performed by contractors engaged or approved by the Company.

8.4 The Customer agrees that the Company is not liable to the Customer or any third party for any special, indirect, remote, lost-profit, incidental, exemplary, consequential, or punitive damages arising out of or related to the Services, even if the Company was advised in advance of the possibility of such damages. In no event will the Company be liable for: (a) personal expenses such as lodging, meals, or transportation incurred as a result of Services or repair; (b) lost rental or other income resulting from Services or repair; or (c) costs associated with alternative power sources or related expenses incurred during a Service interruption.

9. Non-Disparagement

9.1 The Customer agrees and warrants that, at no time, now or in the future, will the Customer make any statements or publications to any third party or on any platform available to third parties, or take any actions, that are derogatory, disparaging, or negative to the Company; nor shall the Customer, directly or indirectly, cause or encourage the making of such statements or publications or the taking of such actions by anyone else. The Customer specifically agrees that the posting of derogatory, disparaging, or negative reviews would result in irreparable harm to the Company. In the event of a breach or threatened breach of this Section, the Company shall be entitled to injunctive relief, both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies are in addition to all other remedies available at law or in equity.

10. Termination by Company

10.1 In addition to any remedies provided under applicable law or this Agreement, the Company may terminate this Agreement effective immediately upon written notice to the Customer if the Customer:

(a) fails to pay any amount when due under this Agreement;

(b) has otherwise failed to perform or comply with any of the terms of this Agreement, in whole or in part; or

(c) becomes insolvent, files a petition for bankruptcy, or has bankruptcy, receivership, reorganization, or assignment-for-the-benefit-of-creditors proceedings commenced by or against it.

11. Attorneys' Fees

11.1 If any action is brought by the Company arising out of this Agreement, or to enforce this Agreement or to collect damages alleged to have resulted from the Customer's breach or failure of performance, the Company shall be entitled to recover its costs, reasonable attorneys' fees, and costs of suit as determined by the court.

12. Governing Law and Venue

12.1 All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Florida. For purposes of this Agreement, venue shall be Orange County, State of Florida.

13. Notices

13.1 All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in this Agreement or to such other address as the receiving party may designate in writing. Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid).

14. Severability

14.1 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement, nor invalidate or render unenforceable such term or provision in any other jurisdiction.

15. Consent to Receive Communications

15.1 By providing an email address in the Purchase Agreement, the Customer consents to receive emails from the Company regarding service alerts, new services, and special promotions.