TERMS AND CONDITIONS

1. Payment Terms.

Payment in full (less any deposit paid) is due upon completion of the job as indicated by J & J’s delivery
of an invoice to Customer. All sums not paid within 30 days of completion shall bear interest at the rate of
1.5% per month or the maximum legal rate permitted by law, whichever is less; and all costs or collection,
including attorneys’ fees, shall be paid by Customer. To secure Customer’s obligation to pay J & J the
amount due under this Agreement, Customer grants to J & J a security interest in the goods and equipment
sold to Customer and any proceeds thereof with full rights as a secured party under the Uniform Commercial Code,
and Customer appoints J & J as its attorney in fact to sign any financing statements evidencing such security
interest on behalf of Customer. If more than one person or entity has signed this Agreement as Customer, each
such person or entity shall be jointly and severally liable.

2. Limited Warranty and Limitation of Remedy and Damages.

J & J warrants the services provided hereunder (the “Work”) to be free from defects in workmanship under
normal conditions for 30 days from the date the services were performed. The exclusive remedy for this warranty
shall be that J & J, in its sole discretion, either will repair or replace any part of the Work which is
found to be defective. In no event shall J & J be liable for consequential, incidental or special damages,
loss of property or production, loss of profit or for other costs. This warranty shall not apply to any Work
which is subject to abuse, accident, alteration or misuse, including the failure to specifically follow all
operating instructions. J & J shall not be responsible for damage to the Work by other parties or for
improper use of goods and equipment by others. J & J gives no warranty with respect to operation of any
goods and equipment installed and the sole warranty therefore, if any, shall be from the manufacturer.

THIS WARRANTY IS EXCLUSIVE AND IT IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

3. Time or Performance and Delays.

J & J shall endeavor to perform services promptly but shall be given a reasonable time in which to
commence and complete performance of the Work. J & J shall not be responsible for delays or defaults, or
any consequential, incidental or special damages, where occasioned by any causes of any kind and extent beyond
its control, including but not limited to, delays caused by Customer, weather, delays in transportation,
shortages of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods,
accidents and acts of God.

4. Work Area and Facilities.

Customer is to prepare all work areas so as to be acceptable for J & J’s Work under the sales order.
J & J will not be called upon to start Work until sufficient areas are ready to assure continued Work
until job completion. Customer shall furnish all temporary site facilities, including suitable storage space,
at no cost to J & J.

5. Expiration of Sales Proposal.

The sales proposal will be held open for acceptance for a period of 30 days from the date of the sales
proposal, however, J & J reserves the right to correct clerical and typographical errors within 15 days
after acceptance of the sales proposal.

6. Reliance Upon Customer’s Information.

In the preparation of the sales proposal, J & J has relied on information supplied by Customer. If such
information is inaccurate, J & J shall not be liable for any claim or loss resulting from such inaccurate
information and Customer shall pay all resulting additional costs.

7. Cancellation or Modification.

This Agreement may be canceled or modified by Customer only upon written approval of J & J. Upon
cancellation, Customer shall reimburse J & J for lost profit and all expenses incurred by J & J in
connection with performance prior to the date of notice of cancellation, including without limitation for
materials, special equipment, labor, transportation, storage, handling, general administration costs and
overhead. Upon modification, Customer agrees to pay J & J for any additional costs or expenses relating
to such modification.

8. Unenforceable Provisions.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby, and this Agreement shall be construed as if
such invalid, void, or unenforceable provision were omitted.

9. Limitation Period for Bringing Action.

No action may be commenced against J & J to enforce this Agreement or for any breach hereof, or for any
defect or deficiency of the goods or equipment to be delivered hereunder, whether on warranty, contract,
negligence, or strict or products liability, unless such action is brought within 12 months after accrual of
such cause of action.

10. Limitation of Liability.

J & J’s liability on any claim of any kind including negligence, strict or product liability, or breach of
warranty or contract, for any loss or damage arising out of or connected with this Agreement, or the
performance or breach thereof, or any services, goods or equipment furnished hereunder shall in no case exceed
the purchase price allocable to the services, goods or equipment which give rise to the claim, and shall not
include any liability for any consequential, incidental or special damages.

11. Rejection of Non-Conforming Goods or Equipment.

Any rejection of goods or equipment as non-conforming must be made within 10 days after delivery at the place
of destination by Customer notifying J & J and confirming the rejection in writing. Such notification
shall identify each alleged non-conformity of the goods or equipment and describe that portion being rejected.
If Customer shall fail to give such notice, the goods and equipment shall be deemed to conform with the terms
hereof in all respects and Customer shall be bound to accept and pay for the goods and equipment.

12. Entire Agreement. Amendment and Assignment.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors, assigns, heirs and legal representatives. Neither party shall assign this Agreement, in whole or
in part, without the prior written consent of the other party. This Agreement contains the entire agreement
between the parties with respect to the transaction described herein and is a complete and exclusive
statement of the terms hereof and supersedes all previous agreements, and may not be altered or modified
except in writing signed by the party or parties against whom such alteration or modification is sought.
Terms stated by Customer in any other communication, prior or subsequent hereto, shall NOT be binding on
J & J if different from or in addition to any of the provisions hereof or the sales proposal, unless
expressly agreed to in a writing signed by J & J.

13. Indemnification.

Customer shall defend, indemnify and hold harmless J & J and its employees and agents from any claims,
damages or expenses, including attorneys’ fees, arising or alleged to arise out of injuries to persons,
including death, or damage to property caused by any acts or omissions of Customer.

14. Choice of Law and Forum.

This Agreement shall be governed by the laws of the State of Michigan. Customer consents and agrees that any
action brought by or against J & J to enforce this Agreement or for any breach hereof, or for any defect or
deficiency of the goods and equipment to be delivered hereunder, whether on warranty, contract, negligence or
strict or products liability, shall be brought solely in a state or federal court sitting in the State of
Michigan, and Customer consents and submits to the jurisdiction of such court.

A RESIDENTIAL BUILDER OR A RESIDENTIAL MAINTENANCE AND ALTERATION CONTRACTOR IS REQUIRED TO BE LICENSED UNDER
ARTICLE 24 OF ACT 299 OF THE PUBLIC ACTS OF 1980, AS AMENDED, BEING SECTIONS 339.2401 TO 339.2412 OF THE
MICHIGAN COMPILED LAWS. AN ELECTRICIAN IS REQUIRED TO BE LICENSED UNDER ACT NO. 217 OF THE PUBLIC ACTS OF
1956, AS AMENDED, BEING SECTIONS 338.881 TO 338.892 OF THE MICHIGAN COMPILED LAWS. A PLUMBER IS REQUIRED TO
BE LICENSED UNDER ACT NO. 266 OF THE PUBLIC ACTS OF 1929, AS AMENDED, BEING SECTIONS 338.901 TO 338.917 OF
THE MICHIGAN COMPILED LAWS. J & J IS SO LICENSED BY LICENSE NO. 71-10530 TO THE EXTENT REQUIRED.