Installation Terms and Conditions

Effective February 16, 2026

By signing this document, the Customer (“Customer”, “you” or “your”) agrees to be bound by these Terms and Conditions with respect to all products and services (collectively “Services”) provided to you by Always On Generators, LLC, (“we” or “us”) and by any additional terms of service and posted policies applicable to the Services posted at https://alwaysongenerators.com/ and incorporated herein by reference (collectively referred to as “Terms”). These Terms also incorporate by reference the Privacy Policy located at https://alwaysongenerators.com/privacy-policy/, which governs the collection, use and disclosure of Customer personal information. All references to Always On Generators in these Terms means Always On Generators, LLC, as well as its affiliates or any third parties Always On Generators may retain to provide Services.

I. Acceptance of Terms. Customer accepts these Terms by doing any of the following: (i) written or electronic signature; (ii) informing us electronically or orally of such acceptance; (iii) activating equipment; (iv) use of or payment for, in whole or in part, Services or equipment. When Customer accepts these Terms, Customer is representing that Customer is at least eighteen (18) years old and legally able to accept a binding contract. This is a binding legal document and Customer should regularly consult https://alwaysongenerators.com/terms-and-conditions/ for updates.

II. Changes to Terms. To the fullest extent permitted under applicable law, we may in our sole discretion modify any aspect of the Services or these Terms and will post such changes on https://alwaysongenerators.com/terms-and-conditions/. We will provide written notice of any material changes to the Services or these Terms at least 15 days in advance or any longer period required under applicable law by either: (i) sending via mail or hand delivery to Customer’s address of record; (ii) e-mailing to Customer’s e-mail of record; or (iii) including a message in your monthly billing statement. Customer agrees that any one of the foregoing methods of notice constitute sufficient and effective notice under these Terms. If you disagree with a change to these Terms, you have the right to cancel the Services; provided, that your continued use of the Services for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.

III. Fees and Payments Generally.

a. All sales tax shall be included in the fee estimate you receive from us. In addition to any sums and terms described herein, Customer shall pay all fees and expenses per the payment terms outlined in the estimate they receive from us.

b. If you would like to use a credit card, a 4% convenience charge will be added. Customer agrees and understands that by entering into the arrangement described herein, we are not extending Customer any credit and therefore we and Customer are not entering into a consumer credit or similar transaction. If Customer makes payment by check, Customer authorizes us to collect such payment electronically. Customer may not amend or modify these Terms with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by us; any of which notations shall have no legal effect. Whether paying by check, or any form of electronic funds transfer from a banking account, Customer hereby authorizes us to collect any declined amount electronically from the subject account.

c. Customer agrees and understands that by entering into the arrangement described herein, we are not extending Customer any credit and therefore we and Customer are not entering into a consumer credit or similar transaction. If Customer makes payment by check, Customer authorizes us to collect such payment electronically. Customer may not amend or modify these Terms with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by us; any of which notations shall have no legal effect. Whether paying by check, or any form of electronic funds transfer from a banking account, Customer hereby authorizes us to collect any declined amount electronically from the subject account.

d. Customer agrees to pay all charges associated with the Services, including, but not limited to, charges for installation, service calls, equipment fees, applicable taxes and fees, applicable municipal, state and federal government fees, permitting fees, rights-of-way access, and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. If partial payment is made and without waiving its right to collect the full balance owed, we will apply that payment to any outstanding charges in the amounts and proportions that we determine. Failure to pay charges by the due date on the invoice (including checks returned for insufficient funds) may result in suspension of all Services and/or the removal of equipment. If any outstanding balance on the invoice remains unpaid for more than fourteen (14) days following the due date listed on the invoice, an interest charge on the outstanding balance due may be applied in an amount equal to 1.5% per month (18% per annum), or the maximum interest rate allowable by law.

e. The following additional fees may apply as applicable:

i. Monitoring system connection – Generator monitoring systems require very good WiFi signal at the generator. You are responsible for maintaining a reliable internet connection to support your remote monitoring system (Mobile Link, or comparable) operation. If there is not good signal, extra fees will apply as necessary to get connection to the unit. We will charge up to $250 per visit, plus the cost of any materials necessary to reconnect your equipment to your remote monitoring system. We reserve the right to charge an increased reconnection fee in the event substantial work is required to reconnect. You are responsible for setting up an account with a fuel provider. Fuel cost is not included in our monthly fees.

ii. Underground Utilities – We will NOT be responsible for ANY damage to underground utilities, irrigation, low voltage wire, communications, sod, plants or trees during the installation of the equipment. It is your responsibility to move any plants/irrigation/low voltage lines that are present in the dig area prior to install. We will order an “811” Locate on any job that we have to dig on. The “811” Locate service takes approximately 3 days to perform.

iii. Rock/Water Clause – Rock, poor soil conditions, water in excavations and other unforeseen site conditions may incur additional charges. If additional equipment is required due to unforeseen site conditions, these costs will be passed on to the Customer.

iv. Gas fill – You are responsible for setting up an account with a fuel provider. When we are installing a tank, fuel must be filled immediately into any underground tank after inspection to prevent floating, we will not be responsible if this happens. Fuel cost is not included in our fees.

v. Landscaping – We will try to the best of our ability to replace yard using existing sod, but we do not promise it will grow back. We are not responsible for replacing or replanting any kind of landscaping plants. Customer is responsible for removal of plants that will be in the way of the install.

vi. Soil/weather conditions can affect our ability to recover the sod. New sod and plants are not included in our fees the install. Soil/weather conditions can affect our ability to recover the sod. New sod and plants are not included in our fees.

vii. Revisions – Any changes will require a revision and may require a new contract to be signed. Revision fees will apply whenever any changes are made that need County approval.

viii. Survey – If additional information such as a survey is required by the County, an additional charge may be applicable.

f. Any services or materials not mentioned in these Terms are not included in the fees and additional charges may be applicable

IV. Disruption in Performance. If we cannot perform our scheduled work due to others, a trip charge will be applied at labor rate for personnel and equipment. Customer agrees to allow us and our agents access and otherwise enter the Customer’s premises and the right to install configure, maintain, inspect or upgrade equipment. Customer warrants that Customer is either the owner of such premises and equipment or that Customer has the authority to give us access to it. If the installation and maintenance are requested at premises that, in our sole discretion, are or may become hazardous or dangerous to our employees, the public or property, we may refuse to install and maintain such equipment.

V. Communications. Customer acknowledges and agrees that all communications between Customer and us may be recorded or monitored for quality assurance or other purposes subject to applicable law. Customer agrees that we (or persons acting on our behalf) may use an automated dialing system and/or prerecorded voice to call, text or e-mail any landline or wireless phone number or e-mail address that Customer provides to us for any non-promotional account, informational, or Service-related purpose such as, without limitation, collections and billing, appointment scheduling or confirmations, or service alerts. Customer authorizes us to provide other notices using any method we determine appropriate, including by electronic means (for example, email or online posting). Upon our request, you will provide us with a current email address that you regularly check so that we may provide notices and communications to you at that address.

VI. Right to Refuse, Suspend, or Terminate. We reserve the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, we will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Customer, and we will provide any prior notice of suspension or termination that is required by law.

VII. “AS IS” Condition. ALL EQUIPMENT AND, WIRING ARE PROVIDED “AS IS”, UNLESS OTHERWISE PROHIBITED OR RESTRICTED UNDER APPLICABLE LAW, AND WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF EQUIPMENT OR WIRING. WE HEREBY DISCLAIM ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR DAMAGES ARISING FROM EQUIPMENT, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE CUSTOMER AND THE MANUFACTURER OF SUCH EQUIPMENT.

VIII. Breach.

a. In the event of any breach of these Terms by Customer, Services may, at our option, be terminated. Customer shall pay reasonable collection and/or attorney’s fees to us in the event that we shall, in our discretion, find it necessary to enforce collection or to preserve and protect our rights under these Terms. We may terminate these Terms, or we may limit Services for any reason including, but not limited to, if i. Customer violates these Terms as solely determined by us; ii. The information required to provide Service is or becomes incorrect, absent or incomplete; iii. Customer threatened or harassed any of our employees, agents, contractors or representatives (e.g., by abusive language, physical threats, etc.); iv. Customer’s method of payment fails to compensate us; or v. The amount of technical support required to provide Services to Customer is excessive as determined in our sole discretion. Customer further agrees that in the event of termination pursuant to these subsections we shall have no liability to Customer.

b. Customer agrees that upon termination of these Terms, Customer will pay us in full for any Services rendered up until that date and any other fees or sums owed in connection therewith and/or with these Terms.

c. If Customer breaches these Terms, we have the right to seek compensation from Customer for such breach through arbitration or, if Customer has opted out of these Terms’ arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against us that arises out of Customer’s relationship with us, the Services provided to Customer, the Terms, or Customer’s breach thereof or failure to comply therewith, Customer will indemnify, defend (at our exclusive election), and release us from and against liability and reimburse us for any losses that we may incur, including reasonable attorneys’ fees and costs, resulting from such claim. Customer’s responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.

IX. No Assignment. These Terms and the Services supplied by us are not assignable or otherwise transferable by Customer, without specific written authorization from us. We shall have the right to terminate these Terms immediately in the event that Customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankrupt or the reorganization of Customer.

X. Liability. Our sole obligation and Customer’s sole remedy with respect to any liability or damage caused by Customer’s use or deployment of equipment or wiring shall be a refund of fees paid by Customer for such equipment. We are not responsible, nor retain any liability, for the terms, conditions, or fulfillment of any separate generator warranty; that obligation rests solely with the applicable third-party provider. You are solely responsible for the functionality and ongoing operation of your generator. We provide no guarantee of continuous operation of the generator and in no event shall we be liable for any failure of such generator, any interruption of power, or any consequential, indirect, or incidental damages (including loss of business, spoilage, etc.) resulting from such failures.

a. Customer agrees to defend, indemnify, and hold us, including our officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “AOG Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from: a. The installation, operation, provision, or other use of Services and/or equipment; b. Any violation of these Terms, or other published policies or requirements; c. The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by (i) Customer, (ii) members of Customer’s household, or (iii) Customer’s guests, or (iv) any other person using the Services provided to Customer; or d. unauthorized, unlawful, or fraudulent use of equipment or Services. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the AOG Indemnitees.

b. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF US, OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. IF CUSTOMER DOES NOT BRING A CLAIM WITHIN THIS PERIOD, CUSTOMER IS BARRED FROM BRINGING SUCH CLAIM, AND WE WILL HAVE NO LIABILITY WITH RESPECT TO SUCH CLAIM. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND EQUIPMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF EQUIPMENT, AGENTS OR SUBCONTRACTORS OF OURS, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF EQUIPMENT OR THE SERVICES OR ANY BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THESE TERMS OR APPLICABLE LAW, SHALL BE CUSTOMER’S ABILITY TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY US. IN NO EVENT SHALL OUR LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. CUSTOMER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST US THAT RESULTS IN WHOLE OR IN PART FROM CUSTOMER’S FAILURE TO COMPLY WITH THESE TERMS.

XI. MISC. These Terms constitute the entire agreement between the Customer and us. No undertaking, representation or warranty made by an agent or representative of ours in connection with the sale, installation, maintenance or removal of equipment shall be binding on us except as expressly included herein. In the event that any one or more of the provisions contained herein is for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and all other provisions shall remain in full force and effect. If any of the provisions are held to be excessively broad or invalid, illegal or unenforceable in any jurisdiction, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law in conformance with its original intent. All obligations of Customer and us under these Terms shall survive, if by their terms, they would be expected to survive completion of Services.