AIR WIND TURBINE FIVE YEAR (5-YEAR) LIMITED WARRANTY

Length of Limited Warranty and What is Covered

Primus Wind Power Inc. (“Primus Wind Power”) warrants to the original end-user purchaser (the “Customer”) of the AIR Wind Turbine (the “Wind Turbine”) that the Wind Turbine will be free from defects in factory supplied materials and factory workmanship for a period of five (5) years from the earliest to occur of the following dates: (i) date of the completed installation of the Wind Turbine if installed by an authorized Wind Power installer, or (ii) ninety (90) days after the date the Customer purchases the Wind Turbine (the “Warranty Period”).

Purchase of the Wind Turbine constitutes acceptance of the terms and conditions of this Limited Warranty. This Limited Warranty extends only to the Customer and may not be transferred if the Wind Turbine is sold.

The Customer’s sole and exclusive remedy and the entire liability of Primus Wind Power, its dealers, suppliers and affiliates under this Limited Warranty is, at Primus Wind Power’s sole option, either (i) to repair free of charge the defective part or Wind Turbine, or (ii) exchange free of charge the defective part or Wind Turbine with a new or remanufactured part or Wind Turbine that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original part or Wind Turbine. Should the product prove to be irreparable, Primus Wind Power reserves the right to substitute an equivalent product if available. Repaired, exchanged, or substituted Wind Turbine parts or products pursuant to this Limited Warranty will be warranted for the remainder of the Warranty Period subject to the restrictions, limitations, and exclusions of this Limited Warranty.

Restrictions on Limited Warranty

This Limited Warranty applies to the Wind Turbine only if the Customer follows the installation, maintenance, and operation procedures outlined in the Wind Turbine’s Owner’s Manual. If Primus Wind Power determines that the claimed problem with the Wind Turbine is not due to a defect in Primus Wind Power’s workmanship or materials, then the party requesting the warranty service shall be responsible for the costs of all necessary repairs performed and expenses incurred by Primus Wind Power.

How to Register The Wind Turbine and Warranty Procedures

Primus Wind Power strongly recommends registration of the Wind Turbine with the warranty registration materials provided with the product. The Customer is encouraged to return the warranty registration document included with this Limited Warranty within sixty (60) days of the start of the Warranty Period. A Customer may also visit http://www.primuswindpower.com/maintenance- service/warranty1/ to register the Wind Turbine online. While submission of the warranty registration document does not reduce a Customer’s eligibility to receive warranty service, the Customer will be required to provide proof of ownership and original purchase (including a copy of the original receipt) and date of purchase or installation satisfactory to Primus Wind Power prior to receiving warranty services.

All Customer warranty claims must be received by Primus Wind Power during the Warranty Period. For any problems with a Wind Turbine, please contact an Authorized Service Dealer (“ASD”) or Primus Wind Power directly. To find a Primus Wind Power ASD close by or to report a claim to technical support, call Primus Wind Power at (303) 242-5820 Monday-Friday 8:00AM – 5:00 PM Mountain Standard Time. The ASD may be able to provide a possible solution and can also start the warranty claims process.

All Customer warranty claims must be received by Primus Wind Power during the Warranty Period. For any problems with a Wind Turbine, please contact an Authorized Service Dealer (“ASD”) or Primus Wind Power directly. To find a Primus Wind Power ASD close by or to report a claim to technical support, call Primus Wind Power at (303) 242-5820 Monday-Friday 8:00AM – 5:00 PM Mountain Standard Time. The ASD may be able to provide a possible solution and can also start the warranty claims process.

A warranty claim notification must include a description of the defect, the serial number of the Wind Turbine at issue, the original purchase date, and the name, address, and telephone number of the Customer requesting warranty service under this Limited Warranty. All claims for defect shall be deemed waived unless made in writing and delivered to Primus Wind Power during the Warranty Period and not later than thirty (30) days after discovery of the defect. Please retain all information and documents until the warranty issues are resolved.

After Primus Wind Power is notified, Primus Wind Power representatives will make all reasonable efforts via phone and email to ascertain the nature of the problem to determine whether any part or the Wind Turbine is defective for purposes of coverage under this Limited Warranty. Other than normal communication carrier charges, there is no charge for such diagnosis. Any repair or replacement will be provided only after Primus Wind Power’s diagnosis and its agreement regarding the defective condition. Certain diagnostic checks may be required to be performed by the Customer or designee at Primus Wind Power’s representatives’ request.

If Primus Wind Power representatives determine that the Wind Turbine requires service and that Customer’s service request constitutes a valid claim under this Limited Warranty, Primus Wind Power will provide warranty service, at Primus Wind Power’s sole option, either (i) through an ASD, with service to be performed at the servicer’s location; (ii) by sending replacement Wind Turbine or parts to the Customer or (iii) by providing the Customer with a Return Merchandise Authorization (“RMA”) number to authorize the Customer to ship the defective Wind Turbine or Wind Turbine parts to Primus Wind Power for service.

Any Wind Turbine/part(s) requiring warranty repair shall be transported to Primus Wind Power at the Customer’s expense and risk, including but not limited to proper packaging of the Wind Turbine/part(s). Primus Wind Power will return to sender any Wind Turbine and/or part(s) that do not have a valid RMA number. Primus Wind Power will use all reasonable efforts to repair/replace the defective Wind Turbine and/or part(s). Repaired or replaced Wind Turbines and replacement parts will be delivered to the Customer at Primus Wind Power’s expense.

If a warranty claim is invalid for any reason, the Customer may be charged at Primus Wind Power’s and/or the ASD’s then current rate for repair services performed. In such event, the Customer will be informed of the repair charges for prior approval, and, upon approval, will be charged for the approved repairs and return freight. If the Customer refuses to approve repair charges, return freight charges may apply. When a Wind Turbine part is replaced for a new or remanufactured part, such new or remanufactured part becomes Customer’s property and the replaced part becomes Primus Wind Power’s property. Customer property remaining at Primus Wind Power’s repair facilities for more than ninety (90) days without required Customer approval of return freight charges, becomes the property of Primus Wind Power.

Exclusions and Limitations

Problems with Wind Turbines can be due to improper installation, use, maintenance, or repairs, non- Primus Wind Power additions or modifications, or other problems not due to defects in Primus Wind Power’s workmanship or materials. Primus Wind Power does not warrant that the operation of the Wind Turbine will be uninterrupted, nor does this Limited Warranty guarantee specific performance or energy production under any conditions. This Limited Warranty does not apply to claims arising from installation of the Wind Turbine at improper or deficient site locations as described in the Wind Turbine’s Owner’s Manual or to installation that was not performed by an authorized Wind Power installer.

This Limited Warranty does not cover any part that was not manufactured by Primus Wind Power, nor does it cover the costs of any repairs or adjustments to a Wind Turbine that might be needed because of the use of non-Primus Wind Power parts, components, equipment, or materials.

This Limited Warranty also does not cover:

(i) consumable parts and the costs of normal maintenance, parts, and service not related to a warranty claim;

(ii) equipment that was not new at the time of purchase;

(iii) damage due to normal wear and tear;

(iv) cosmetic damage, including scratches or dents unless such damage compromises the product’s function;

(v) damage caused by abnormal electrical stress, including, but not limited to overload, surges, use with any unsuitable power source, voltage irregularities or utility system failures that enter the Wind Turbine through the output side;

(vi) damage caused by acts of God (including flood, fire, earthquake, lightning, hail damage, flying debris, wind speeds in excess of 120 mph, tornadoes, hurricanes or other cyclonic windstorms), abnormal physical stress, abnormal thermal stress, misuse, negligence, accident, abuse, or vandalism;

(vii) damage due to a failure to service and maintain, and/or operate the Wind Turbine in accordance with its Owner’s Manual or other instructions provided by Primus Wind Power;

(viii) a Wind Turbine or any of its parts that has been altered or modified without the prior written permission of Primus Wind Power;

(ix) any Wind Turbine part on which the serial number has been removed or defaced;

(x) damage or loss to any items or products not manufactured by Primus Wind Power that are connected to, powered by, or otherwise attached to, the Wind Turbine;

(xi) damage sustained during unloading, shipment, for transit from Primus Wind Power or an ASD to the Customer location shown on the purchase order (or other delivery point designated by Customer) or during installation;

(xii) any expenses incurred from travel to and from the repair location, troubleshooting, diagnostic and repair services, equipment expenses;

(xiii) damage due to improper installation of the Wind Turbine that is not in accordance with the Owner’s manual, or

(xiv) use of the Wind Turbine in wind regimes with an annual average of 18 mph (8 m/s) or greater.

REPLACEMENT PARTS LIMITED WARRANTY

Primus Wind Power offers replacement parts for all Wind Turbine products that can be purchased directly from the manufacturer and or dealer/ distributors. Replacement parts such as circuit kits, yaw assembly, bearings, blades etc. have a Ninety (90) Day Limited Parts Warranty (this limited parts warranty does not apply to misused and or incorrect handling of components during repair or exchange). The Ninety (90) Day Limited Parts Warranty is for a period of ninety (90) days beginning on the date of invoice and, to the extent applicable, is subject to the exclusions, limitations, and procedures set forth in this Limited Warranty. Notice of a claim under this Warranty must be received by Primus Wind Power or an ASD within the ninety-day limited warranty period.

IN-HOUSE REPAIR SERVICE LIMITED WARRANTY

Primus Wind Power provides in-house repair service for regular, non-warranty repairs for the Wind Turbine product via our PWP trained technical repair team and or via an ASD. The In-House Repair Service Limited Warranty provides a six-month limited warranty on parts and labor quoted within the repair (warranty is only applicable with a full pre-qualification of repair needs, parts required and labor outlined within a company quote process). The In-House Repair Service Limited Warranty does not include or cover other non-authorized repairs by third party repair services. The six- month In-House Repair Service Limited Warranty starts from invoice date (completion of repair). Notice of a claim under this In-House Repair Service Limited Warranty must be received by Primus Wind Power or an ASD within the six-month limited warranty period. To the extent applicable, the In-House Repair Service Limited Warranty is subject to the exclusions, limitations, and procedures of this Limited Warranty.

Disclaimer of Warranty

These Limited Warranties grant specific legal rights, and there may exist other rights that vary from state to state.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS LIMITED WARRANTIES AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, PRIMUS WIND POWER DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS AND ALL SIMILAR WARRANTIES ESTABLISHED UNDER APPLICABLE LAWS. NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OR NOT SIMILAR IN NATURE TO ANY OTHER WARRANTY PROVIDED HEREIN, SHALL EXIST WITH RESPECT TO THE PRODUCT SOLD UNDER THE PROVISION OF THESE TERMS AND CONDITIONS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW PRIMUS WIND POWER EXPRESSLY DISCLAIMS ALL LIABILITY FOR BODILY INJURIES OR DEATH THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, BY USE OF THE PRODUCT BY ANY PERSON. ALL OTHER WARRANTIES ARE EXPRESSLY WAIVED BY THE CUSTOMER.

IF PURSUANT TO THE LAW OF A PARTICULAR JURISDICTION, PRIMUS WIND POWER CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN, TO THE FULL EXTENT PERMITTED BY LAW, ALL SUCH LEGALLY REQUIRED WARRANTIES SHALL BE STRICTLY LIMITED AND APPLICABLE IN DURATION AND SCOPE TO THE DURATION AND SCOPE OF THE APPLICABLE EXPRESS LIMITED WARRANTIES HEREIN.

Primus Wind Power does not grant to any person or entity (including its field representatives, dealers, or distributors, including the ASDs) the authority to create for Primus Wind Power any obligation or liability in connection with any Wind Turbine.

Limitation of Liability

EXCEPT AS PROVIDED IN THIS EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL PRIMUS WIND POWER, OR ITS AFFILIATES, SUPPLIERS, DEALERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (THE “RELEASED PARTIES”) BE LIABLE OR RESPONSIBLE FOR, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY OR FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, INTERRUPTION OF OR LOSS OF BUSINESS, LOST OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF REVENUE, LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, BODILY INJURY OR DEATH.

(Note: some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply in such jurisdictions.)

THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY OR FORM OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE WIND TURBINE PAID BY CUSTOMER.

Product Changes

Primus Wind Power reserves the right to make changes, improvements or additions to its products in the future without incurring obligations to make such changes, improvements, or additions to its products previously manufactured. Occasionally, a product change, improvement or addition will be made that either prevents future failure of a product or part or eliminates a safety hazard. Primus Wind Power will then issue a mandatory field change order to correct this problem. Installation of the mandatory field change order must be done within thirty (30) days of field change order issuance or this Limited Warranty will be void should failure of the product occurs as a result of the Customer’s failure to comply with, perform, or have performed the mandatory field change order.

Additional Terms that Govern this Limited Warranty

Primus Wind Power and Customer (i) agree that all actions and proceedings relating directly or indirectly to this Limited Warranty shall be litigated only in state or federal courts located in Jefferson County, Colorado, USA; (ii) consent to the jurisdiction and venue of any such court and consents to service of process in any such action or proceeding by personal delivery or any other method permitted by law; and (iii) waive any and all rights either may have to (x) object to the jurisdiction of any such court, or (y) transfer or change the venue of any such action or proceeding. The forum selection provisions set forth above are intended to be mandatory. PRIMUS WIND POWER AND CUSTOMER FURTHER EACH WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SALE OF PRIMUS WIND POWER PRODUCTS OR THIS LIMITED WARRANTY. This Limited Warranty may not be extended, altered or waived except in writing signed by an authorized officer of Primus Wind Power. ANY ACTION FOR BREACH OF THIS LIMITED WARRANTY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED OR SUCH ACTION SHALL BE FOREVER BARRED. Primus Wind Power shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses in defending or enforcing or defending this Limited Warranty against Customer and others. This Limited Warranty shall be construed and enforced in accordance with the laws of the State of Colorado without regard to conflicts of laws principles. Primus Wind Power reserves the right to change the terms of this Limited Warranty in the future without incurring any obligations to make the changed terms applicable to products previously manufactured.