These Purchase Terms and Conditions (“Terms”) are a binding contract between Tamarack Solar, Inc., a California corporation  (“Tamarack Solar”), and you as a purchaser (“Purchaser”) of Tamarack Solar panel mounting equipment and systems and related  equipment (the “Product(s)”), as more particularly described and confirmed on the purchase order submitted by Purchaser from time  to time to Tamarack Solar for Tamarack Solar’s approval and which shall be used for Purchaser’s individual orders of the Product  (“Purchase Order(s)”). These Terms apply only in the event that Purchaser has not entered into a written master purchase  agreement with Tamarack Solar, which may be denominated as a "Master Purchase Agreement", "Master Partner  Agreement", "Distributor Agreement", "Partner Agreement" or other similar denomination (collectively, "Master  Agreement"). If a Master Agreement signed by authorized representatives of Tamarack Solar and Purchaser is in full force  and effect, the terms of the Master Agreement (including any amendments or modifications of such Master Agreement),  and not these Terms, shall apply. 

  1. Shipments. Shipments are INCOTERMS (2010) FCA. Purchaser assumes title and bears risk of loss upon Tamarack  Solar's delivery to carrier (regardless of whether Tamarack Solar assumes responsibility for shipment). If Purchaser  requests Tamarack Solar to arrange for shipment, Purchaser shall pay Tamarack Solar for all costs of shipment and  associated expenses, and Tamarack Solar may utilize any shipping method available. Estimated costs may change due  to various conditions not known at time of sale (i.e: address change, type of delivery address, lift gates, rural delivery,  etc.), and full final charges will be the responsibility of the Purchaser. Tamarack Solar shall use commercially reasonable  efforts to use economical and reliable shipping carriers, which may include UPS, FedEx, or other transport company.  Upon delivery, Purchaser shall not sign the carrier's delivery receipt or other recipient acknowledgment of complete and  undamaged delivery unless the 

Purchaser first inspects the delivery to confirm that the correct number and type of Products ordered has arrived, and that  the Products appear to be undamaged. Tamarack Solar shall have no liability or obligation to Purchaser for damage  caused during transit including in the event Purchaser failed to inspect the shipment upon delivery. 

  1. Inspection of Product. Purchaser shall promptly inspect the Product upon its arrival at the place of delivery and shall  notify Tamarack Solar, within five business days, if Purchaser finds any nonconformity or defect in the Product. Upon the  expiration of such five business day period with no written notice of rejection, Purchaser shall be deemed to have fully and completely accepted the Product in its entirety. Purchaser acknowledges that this right of inspection satisfies statutory or  common law rights of inspection under the Uniform Commercial Code or other applicable law. 
  2. Taxes. Purchaser shall report and pay all federal, state, and local taxes, including any sales and value added taxes  (excluding only those taxes based on net income derived by Tamarack Solar) designated, levied, or based (a) upon the  purchase price, or any other amounts payable under these Terms and the Purchase Order, (b) on account of these  Terms, or (c) with respect to the Product. Purchaser shall indemnify and hold harmless Tamarack Solar from all claims  and liability resulting from Purchaser’s failure to report or pay such amounts.  

Tamarack Solar may collect and pay any taxes with respect to sales of the Product made hereunder to the extent  Tamarack Solar is obligated by law to do so. 

  1. Cancellation and Change Order Policy. Purchase Orders cancelled or modified after 24 hours but within 72 hours of  order placement will be subject to a cancellation or change order fee, equal to 15% of the value of the Purchase Order, or  100% of the deposit paid by Purchaser, whichever is higher. After 72 hours of order placement, all Purchase Orders are  non-cancelable and non-refundable. If an order contains custom parts (a part that is specially made for Purchaser and is  not commonly stocked by Tamarack Solar), the entire order is non-cancelable and non-refundable at any time. 
  2. Return Policy. Products may be returned only if within 30 days of shipment by Tamarack Solar. Purchaser will pay a re stocking fee equal to 30% of the Purchase Order value of the Products returned, on all such returns, except in cases  where a defective product is determined by Tamarack Solar to be the reason for the return. Credit will only be given to  returns that are shipped delivery prepaid and that arrive at Tamarack Solar in re-saleable condition (except for returns of  defective Product as determined by Tamarack Solar); no returns will be accepted without a return merchandise  authorization (RMA) number per shipment received obtained via phone or e-mail from the Tamarack Solar customer  service team prior to shipment. No custom parts a part that is specially made for Purchaser and not commonly stocked by  Tamarack Solar) are eligible for return credit. Products purchased through IronRidge are not returnable for credit or  exchange. 
  3. Payment. Payments can be made by credit card, wire transfer, or some other prearranged payment method unless credit  terms have been agreed to between Purchaser and Tamarack Solar. All payments hereunder shall be in US dollars and  are nonrefundable (subject to remedies set forth in these Terms). Purchaser shall reimburse Tamarack Solar for all  charges for transportation, shipping and for insurance, if any, of the Product. Unless specified differently in the proposal  submitted by Tamarack Solar which sets forth the cost, specifications, and other information regarding the Product (the  “Quote”), Tamarack Solar will invoice Purchaser on a monthly basis or at the completion of the Product installation,  whichever is earliest. Tamarack Solar may invoice line items or partial shipments of a Purchase Order separately,  depending on product availability and shipping requirements. Tamarack Solar will inform Purchaser if partial shipments 

288 F Street, Arcata, CA 95521 

tel: 707-222-6240 toll-free 800-819-7236  sales@tamaracksolar.com 

are necessary. Payment is due within 30 days of the date of each invoice, subject to any credit terms approved by  Tamarack Solar and Purchaser’s account standing. Any late payments made after 30 days from date of invoice will incur a  late charge of 1.5% per month (18% per annum) of the past-due amount. Accounts remaining unpaid for more than 90  days shall be deemed delinquent. If the account becomes delinquent, the Purchaser agrees to reimburse Tamarack  Solar's reasonable costs and expenses of collection, including attorney's fees and court costs. Tamarack Solar may  enforce payment obligations hereunder in any court of competent jurisdiction, notwithstanding any other provision of these Terms. 

  1. Quotes. All Quotes provided by Tamarack Solar are valid for up to 30 days, or longer if specified in the Quote. 8.  

Export Regulations. Purchaser shall comply with all requirements of the regulations of the United States Department of  Commerce, the assets controls or foreign transactions controls regulations of the United States Treasury Department, and  any similar United States laws, regulations, or executive orders. 

  1. Limited Warranties and Disclaimer. Effective for Products manufactured after January 1st, 2016, Tamarack Solar  provides the following warranties, for Products installed properly and used for the purpose for which the Products are  designed: (a) finishes shall be free of visible defects, peeling, or cracking, under normal atmospheric conditions, for a  period of three years from the earlier of (i) the date of complete installation of the Product or (ii) 30 days after the original  purchaser's date of purchase of the Product (“Finish Warranty”); (b) components shall be free of structurally-related  defects in materials for a period of ten years from the earlier of (i) the date of complete installation of the Product or (ii) 30  days after the original purchaser's date of purchase of the Product; and (c) components shall be free of functionally related manufacturing defects for a period of 10 years from date of manufacture. The Finish Warranty does not apply to:  (d) surface oxidation of the galvanized steel components or any foreign residue deposited on Product finish; and (e)  Products installed in corrosive atmospheric conditions, as defined solely by Tamarack Solar; corrosive atmospheric  conditions include, but are not limited to, conditions where Product is exposed to corrosive chemicals, fumes, cement  dust, salt water marine environments or to continual spraying of either salt or fresh water. The Finish Warranty is VOID if  (f) the practices specified by AAMA 609 & 610-02 – “Cleaning and Maintenance for Architecturally Finished Aluminum”  (www.aamanet.org) are not followed by Purchaser for Tamarack Solar’s aluminum based components; and (g) if the  practices specified by ASTM A780 / A780M - 09 “Standard Practice for Repair of Damaged and Uncoated Areas of Hot Dip Galvanized Coatings” are not followed by Purchaser for Tamarack Solar’s galvanized steel-based components. The  warranties above do not cover any parts or materials not manufactured by Tamarack Solar, and exclude non-functionally related defects, as defined solely by Tamarack Solar. The warranties do not cover any defect that has not been reported  to Tamarack Solar in writing within 20 days after discovery of such defect. In the event of breach of or non-compliance  with the warranties set forth above, Tamarack Solar's sole obligation and liability, and the sole and exclusive remedy for  such breach or non-compliance, shall be correction of defects by repair, replacement, or credit, at Tamarack Solar’s sole  discretion. Such repair, replacement or credit shall completely satisfy and discharge all of Tamarack Solar's liability with  respect to these warranties. Refurbished Product may be used to repair or replace the defective components.  Transportation, installation, labor, or any other costs associated with Product replacement are not covered by these  warranties and are not reimbursable. These warranties additionally do not cover (h) normal wear, or damage resulting  from misuse, overloading, abuse, improper installation (including failure to follow professional instruction and certification),  negligence, or accident, or from force majeure acts including any natural disasters, war or criminal acts; and (i) Products  that have been altered, modified or repaired without written authorization from Tamarack Solar or its authorized  representative; and (j) Products used in a manner or for a purpose other than that specified by Tamarack Solar. A formal  document proving the purchase and the purchase date of the Product is required with any warranty claim. Except as set  forth above, Tamarack Solar sells the Products on an "AS IS" basis, which may not be free of errors or defects, and ALL  EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, WORKMANLIKE EFFORT,  CORRESPONDENCE TO DESCRIPTION, DESIGN, TITLE OR NON-INFRINGEMENT, OR ARISING FROM COURSE  OF DEALING, COURSE OF PERFORMANCE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED. 
  2. Limitation of Liability; Exclusion of Lost Profits and Consequential Damages. Notwithstanding any other provision of  these Terms, Tamarack Solar's maximum aggregate liability for all claims, liabilities or obligations arising under or relating  to these Terms or the Products, regardless of the theory of liability, will in no event exceed all amounts paid by Purchaser  to Tamarack Solar under the Purchase Order for the particular Product(s) giving rise to the claim, if any. In no event will  Tamarack Solar be liable for any indirect, punitive, special, incidental, exemplary, or consequential damages in connection  with, related to or arising out of these Terms or the Products (including interruption of business, loss of profits, loss of revenue, loss of use, or other economic advantage), regardless of the theory of liability, even if Tamarack Solar has been  previously advised of the possibility of such damages. Liability for damages shall be so limited and excluded, regardless  of the validity or efficacy of any remedy and even if any remedy fails of its essential purpose. 
  3. Third Party Claims; Indemnification. Tamarack Solar shall have no liability for any injuries or damages to persons or  property resulting from incorrect or improper installation, use, delivery or maintenance of the Products by or for Purchaser  or Purchaser's agent, customer or vendor, or for any claims or demands brought against Tamarack Solar or Purchaser by  any employee of Purchaser, client of Purchaser, end-user of the Product or other party, even if Tamarack Solar has been  advised of the possibility of such claims or demands, resulting from incorrect or improper installation, use, delivery or  maintenance of the Products (collectively, “Third Party Claims”). This limitation applies to all materials provided by  Tamarack Solar during and after the Warranty Period. Purchaser hereby agrees to indemnify and hold Tamarack Solar  harmless against any and all such Third Party Claims, as well as any and all liabilities, losses, costs or expenses arising  therefrom.

288 F Street, Arcata, CA 95521 

tel: 707-222-6240 toll-free 800-819-7236  sales@tamaracksolar.com 

  1. Force Majeure. Tamarack Solar shall not be responsible for delays or failures in its performance resulting from acts or  omissions beyond its reasonable control, whatever the source or cause. 
  2. Termination. Any of the following shall constitute an “Event of Default” under these Terms: (a) Purchaser's failure to pay  to Tamarack Solar any charge, cost, or other payment accruing hereunder, if such delinquency has not been corrected  within five days after Tamarack Solar has given Purchaser written notice of such delinquency; or (b) Purchaser's failure to  perform any other obligation set forth in these Terms, if such failure has not been corrected within five days after  Tamarack Solar has given Purchaser written notice of such failure. Upon the occurrence of an Event of Default, Tamarack  Solar may (c) immediately terminate any outstanding Purchase Order and all of Tamarack Solar’s obligations thereunder  and invoke all rights Tamarack Solar possesses upon termination, and (d) accelerate and declare all obligations of  Purchaser created under these Terms to be immediately due and payable by Purchaser as a liquidated sum and proceed  against Purchaser in any lawful way for satisfaction of such sum. 
  3. Confidentiality. Purchaser shall not disclose these Terms to any third party without Tamarack Solar’s prior written  consent, except to Purchaser's financial and legal advisers. 
  4. Governing Law. These Terms and all related disputes between the parties shall be governed by and construed in  accordance with the laws of the State of California without regard to any jurisdiction's conflict of law provisions. 
  5. Arbitration. Any disputes between the parties or claims brought by one of the parties arising out of or related to these  Terms or the Products (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well  as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration with the American Arbitration Association (“AAA”) in accordance with AAA rules in effect at the time of arbitration except as inconsistent with  this Section 16. The place of arbitration shall be San Francisco, California. The arbitrators shall apply the law specified in  Section 15. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute  between the parties, the existence or details of the arbitration proceeding, and all related documents, materials, evidence,  judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public  announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby  waive the right to a trial by jury, and further agree to only bring claims in an individual capacity and not as a plaintiff or  class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this Section  16 shall preclude the right and ability of either party to file and maintain at any time an action for recovery of injunctive or  provisional relief in any court of competent jurisdiction under the laws applicable thereto. Should either party file an action  contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award  has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim. 
  6. Integration; Amendments. Any terms or conditions contained in any Purchase Order, acknowledgment, or other  communication of Purchaser which are inconsistent with these Terms are hereby rejected. Any waiver, modification or  amendment of any provision of these Terms will be effective only if in a writing signed by duly authorized representatives  of both parties. 

(end of Terms)