PRODUCT LIABILITY

Effective Date: May 6th, 2026

This Product Liability Agreement (the "Agreement") is a binding legal contract between you ("you," "your," or "Buyer") and DartSolar LLC, a California limited liability company with its principal place of business at 2225 W Pico Blvd, Suite C, Los Angeles, CA 90006 ("DartSolar," "we," "us," or "our"). This Agreement governs your purchase, ownership, installation, and use of any product manufactured, sold, or distributed by DartSolar (each a "Product" and collectively, the "Products").

By clicking "I agree," completing your purchase, taking delivery of a Product, or installing or using a Product, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree, do not purchase, accept, install, or use the Product, and contact us for instructions on returning your order pursuant to our Returns & Refunds Policy.

This Agreement is supplemental to, and does not replace, our Limited Warranty, Terms & Conditions, Returns & Refunds Policy, and Privacy Statement. In the event of a conflict between this Agreement and another DartSolar policy regarding allocation of risk and liability, this Agreement controls, except as otherwise required by applicable non-waivable law.

1. The Product and How It's Used

DartSolar Products are solar power generation systems designed for installation on vehicles, including but not limited to passenger cars, electric vehicles, vans, recreational vehicles ("RVs"), pickup trucks, trailers, and watercraft (collectively, "Host Vehicles"). Products incorporate photovoltaic panels, telescoping mechanical assemblies, electrical components, mounting hardware, and other parts. Products generate direct-current ("DC") electrical power, are installed in dynamic outdoor environments, and are subject to wind, vibration, weather, road debris, salt water (where applicable), and other physical and electrical stresses.

You acknowledge that solar generation, vehicle-mounted hardware, and electrical equipment carry inherent risks that no product design or manufacturer instruction can fully eliminate.

2. Acknowledgment and Assumption of Risk

You acknowledge and accept that the use, installation, transport, and operation of the Product involve risks, including but not limited to the following. You assume these risks knowingly and voluntarily, to the maximum extent permitted by law:

  • Vehicular risks. Improper installation, loose hardware, exceeding recommended speeds, inadequate roof rack systems, or use in conditions outside Product specifications may cause the Product or its components to detach, shift, or fail in transit, potentially resulting in damage to your Host Vehicle, damage to other vehicles or property, road hazards, or personal injury or death to you or third parties.

  • Marine and watercraft risks. Saltwater exposure, wave impact, capsizing, and other marine conditions can accelerate corrosion, degrade electrical components, or cause mechanical failure. Use on watercraft introduces risks beyond those of road use, including risks to occupants, other vessels, and aquatic environments.

  • Electrical risks. The Product generates and conducts DC electrical power. Improper handling, installation, wiring, or interconnection with power units, batteries, or external loads may result in electric shock, arc flash, fire, equipment damage, or injury.

  • Roof rack and structural risks. The Product is mounted to a Host Vehicle's roof rack or other mounting interface that DartSolar does not manufacture, inspect, or certify. The strength, condition, age, and load rating of the mounting interface are outside DartSolar's control.

  • Environmental risks. Wind, hail, lightning, falling objects, road debris, low-clearance obstacles (including parking structures, branches, garages, and bridges), and ultraviolet exposure can damage the Product or property and create hazards.

  • Operational risks. Operating a vehicle with a Product installed may affect aerodynamics, drag, handling, vehicle height, weight distribution, and fuel or energy consumption. You are solely responsible for understanding how the Product affects your specific Host Vehicle and operating it accordingly.

  • Lost time and economic risks. Product malfunction, defect, recall, repair, or replacement may result in inconvenience, vehicle downtime, loss of use, missed appointments, missed work, missed travel, or other consequential losses.

You expressly acknowledge that DartSolar has not inspected your Host Vehicle, mounting hardware, electrical system, intended use environment, or installation, and that DartSolar relies on you to evaluate suitability and to install and operate the Product safely.

3. Your Responsibilities

By accepting this Agreement, you agree that you will:

(a) Read and follow the instructions. Read all installation, operation, maintenance, and safety documentation provided with the Product or made available at Safety (https://dartsolar.com/safety) before installation and use, and comply with those instructions in all material respects.

(b) Verify compatibility. Confirm that your Host Vehicle, roof rack, mounting hardware, and electrical equipment are compatible with the Product, are in sound working condition, are rated for the static and dynamic loads imposed by the Product, and meet the specifications described in the Product documentation.

(c) Use qualified personnel where required. Where installation involves modification of a vehicle, electrical interconnection, or work for which professional licensure or expertise is required by law or by the Product documentation, engage a qualified professional. You are solely responsible for the quality and safety of installation, regardless of who performs it.

(d) Operate within specifications. Do not exceed published wind ratings, speed ratings, load ratings, voltage ratings, or environmental limits. Retract, secure, or remove the Product when conditions exceed Product specifications.

(e) Inspect and maintain. Periodically inspect the Product, mounting hardware, and electrical connections, and perform recommended maintenance, including the annual application of UV and scratch-resistant protective coating to polycarbonate components.

(f) Comply with law. Operate the Host Vehicle and use the Product in compliance with all applicable laws, including motor vehicle, marine, electrical, and environmental laws of the jurisdictions in which you operate.

(g) Stop using a damaged Product. Discontinue use of any Product that shows signs of damage, deformation, electrical fault, abnormal noise, or compromised mounting until the Product has been repaired or replaced under our Limited Warranty or by a qualified technician.

(h) Maintain insurance. Maintain commercially reasonable insurance covering the Host Vehicle and its operation, including liability coverage that contemplates aftermarket equipment.

4. Disclaimer of Implied Warranties

THE PRODUCT IS PROVIDED SUBJECT TO OUR LIMITED WARRANTY. EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARTSOLAR DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE.

WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW (INCLUDING UNDER THE MAGNUSON-MOSS WARRANTY ACT, 15 U.S.C. § 2301 ET SEQ., AND THE SONG-BEVERLY CONSUMER WARRANTY ACT, CAL. CIV. CODE § 1790 ET SEQ.), SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY APPLICABLE TO THE PRODUCT, OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW IF LONGER.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. Limitation of Liability

(a) Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DARTSOLAR, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "DARTSOLAR PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • DAMAGE TO YOUR HOST VEHICLE OR ITS CONTENTS;

  • DAMAGE TO ANY OTHER VEHICLE, VESSEL, ROADWAY, PROPERTY, OR PERSON NOT OWNED BY DARTSOLAR;

  • LOSS OF USE OF THE HOST VEHICLE OR PRODUCT;

  • TOWING, STORAGE, RENTAL, TRANSPORTATION, OR LODGING COSTS;

  • LOSS OF TIME, LOST WAGES, LOST OPPORTUNITIES, OR LOST PROFITS;

  • DAMAGE TO ELECTRICAL EQUIPMENT, BATTERIES, POWER UNITS, INVERTERS, APPLIANCES, OR DEVICES CONNECTED TO THE PRODUCT;

  • DATA LOSS, DOWNTIME, OR INTERRUPTION OF SERVICE;

  • CLAIMS BY THIRD PARTIES, INCLUDING SUBSEQUENT VEHICLE OWNERS, OCCUPANTS, OR BYSTANDERS,

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE DARTSOLAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE DARTSOLAR PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PRODUCT OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID DARTSOLAR FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE AND IS NOT MULTIPLIED BY THE NUMBER OF INCIDENTS OR CLAIMS.

(c) Essential basis. YOU ACKNOWLEDGE THAT THE PRICING OF THE PRODUCT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT, AND THAT THE LIMITATIONS IN THIS SECTION 5 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DARTSOLAR. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) Carve-outs. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including: (i) liability for fraud or fraudulent misrepresentation; (ii) liability for willful injury to person or property of another, or for violation of law (whether willful or negligent), to the extent prohibited by California Civil Code § 1668; (iii) liability for death or personal injury caused by the gross negligence or willful misconduct of a DartSolar Party, to the extent such liability cannot be limited by law; (iv) any non-waivable rights you have under the Magnuson-Moss Warranty Act or the Song-Beverly Consumer Warranty Act; and (v) any other rights that, under the law of your state of residence, cannot be waived.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so portions of the above limitation may not apply to you.

6. Release of Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE CARVE-OUTS IN SECTION 5(D), YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, ASSIGNS, INSURERS, AND SUBROGEES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE DARTSOLAR PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE, INSTALLATION, REMOVAL, TRANSPORT, STORAGE, OR OPERATION OF THE PRODUCT; (B) DAMAGE TO YOUR HOST VEHICLE OR ANY THIRD-PARTY VEHICLE, VESSEL, ROADWAY, OR PROPERTY IN CONNECTION WITH THE PRODUCT; (C) ANY ELECTRICAL EVENT ARISING FROM THE PRODUCT OR ITS INTERCONNECTION; AND (D) ANY LOSS OF TIME, INCONVENIENCE, OR ECONOMIC LOSS ARISING FROM ANY OF THE FOREGOING, EXCEPT TO THE EXTENT CAUSED BY THE MATTERS DESCRIBED IN SECTION 5(D).  

Waiver of unknown claims (California residents and where applicable). You expressly waive the protections of California Civil Code § 1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You understand that this waiver applies to claims you do not know or suspect to exist in your favor at the time of accepting this Agreement, except for the non-waivable carve-outs in Section 5(d).

7. Indemnification

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE DARTSOLAR PARTIES FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, FINES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO: (a) your breach of this Agreement, the Limited Warranty, or the Terms & Conditions; (b) your installation, modification, repair, or use of the Product in a manner inconsistent with the Product documentation; (c) installation or use of the Product on a Host Vehicle or in an environment for which the Product is not specified; (d) your negligence, gross negligence, willful misconduct, or violation of law; (e) any modification of the Product not authorized by DartSolar; or (f) the resale, gift, or transfer of the Product to any subsequent user. This indemnity does not apply to the extent a claim arises from a DartSolar Party's gross negligence, willful misconduct, or fraud.

8. Recalls, Updates, and Safety Notices

You agree to provide DartSolar with accurate contact information at the time of purchase and to keep it reasonably current, and to read and act on safety notices, recall notices, and update bulletins issued by DartSolar. Failure to comply with a safety notice or recall may void coverage under the Limited Warranty, may shift liability to you for resulting damages, and may constitute negligence.

9. Resale and Transfer

This Agreement, the Limited Warranty, and the rights and obligations described in them run between DartSolar and the original purchaser. If you transfer the Product to another person, you agree to provide that person with a copy of this Agreement, the Limited Warranty, the Returns & Refunds Policy, and all Product documentation, and to inform them in writing of any modifications, accidents, or known defects. The Limited Warranty is not transferable except as expressly provided in its terms.

10. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.

(a) Informal resolution first. Before filing a claim, you agree to try in good faith to resolve the dispute by contacting us at legal@dartsolar.com and providing a written description of the dispute, your contact information, and the relief you seek. We will attempt to resolve the dispute informally for at least sixty (60) days from receipt before either party initiates arbitration.

(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Product, or the relationship between you and DartSolar (a "Dispute") that is not resolved informally will be resolved by BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in the English language by a single arbitrator. The seat of arbitration will be Los Angeles County, California, but you may elect to participate by telephone, video conference, or in your home state's federal judicial district. The arbitrator's award will be final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

(c) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND DARTSOLAR EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator may award relief only on an individual basis and may not consolidate more than one person's claims, except as required by non-waivable applicable law (including, where applicable, California's Private Attorneys General Act for non-individual PAGA claims).

(d) Carve-outs from arbitration. Either party may bring an individual action in small-claims court for Disputes within that court's jurisdiction. Either party may seek injunctive or equitable relief in court to protect intellectual property rights or to prevent unauthorized access to systems. Nothing in this Section limits your right to file a complaint with a government agency.

(e) 30-day right to opt out of arbitration. YOU MAY OPT OUT OF THIS SECTION 10 BY SENDING WRITTEN NOTICE TO LEGAL@DARTSOLAR.COM OR TO DARTSOLAR LLC, 2225 W PICO BLVD, SUITE C, LOS ANGELES, CA 90006, ATTN: LEGAL — ARBITRATION OPT-OUT, WITHIN THIRTY (30) DAYS OF YOUR FIRST ACCEPTANCE OF THIS AGREEMENT. Your notice must include your full name, mailing address, email, order number, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of this Agreement.

(f) Severability of this Section. If the class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and may be brought in court, while the remainder of this Section continues to apply.

11. Governing Law and Venue

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles, and, where applicable, by federal law (including the Federal Arbitration Act and the Magnuson-Moss Warranty Act). To the extent a Dispute is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California, and waive any objection based on inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12. Statute of Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED. Where this period is shorter than the minimum permitted by applicable law, the minimum statutory period applies.

13. Customers Outside California

DartSolar ships throughout the United States. Several states impose mandatory consumer protections that may differ from this Agreement. Where the law of your state of residence requires terms more protective of you than what is described above, those terms apply to your purchase to the extent required by that law. This Agreement is not intended, and should not be read, to override any non-waivable state-law right.

14. General Provisions

(a) Entire agreement. This Agreement, together with the Limited Warranty, Returns & Refunds Policy, Terms & Conditions, Privacy Statement, and Product documentation, constitutes the entire agreement between you and DartSolar regarding allocation of risk and liability for the Product, and supersedes all prior or contemporaneous communications and proposals on that subject.

(b) Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

(c) No waiver. A failure or delay by DartSolar in enforcing any right under this Agreement is not a waiver of that right.

(d) Assignment. You may not assign this Agreement without DartSolar's prior written consent. DartSolar may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets.

(e) Updates. DartSolar may update this Agreement from time to time. Updates apply to purchases made on or after the updated effective date posted at https://dartsolar.com/product-liability. Material changes will not retroactively reduce rights you have under this Agreement with respect to a Product already purchased.

(f) Headings. Headings are for convenience only and do not affect interpretation.

(g) Survival. Sections 2, 4, 5, 6, 7, 9, 10, 11, 12, and 14 survive termination or expiration of this Agreement and your ownership of the Product.

(h) Electronic acceptance. You consent to enter into this Agreement electronically. Your click-through acceptance, electronic signature, or completion of purchase has the same legal effect as a handwritten signature under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act.

(i) Notices. Legal notices to DartSolar must be sent to legal@dartsolar.com and to DartSolar LLC, 2225 W Pico Blvd, Suite C, Los Angeles, CA 90006, Attn: Legal. Notices to you may be sent to the email or mailing address associated with your order.

15. Acknowledgment

BY CLICKING "I AGREE," COMPLETING YOUR PURCHASE, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN FULL, UNDERSTAND ITS TERMS, HAVE HAD A REASONABLE OPPORTUNITY TO REVIEW IT AND TO CONSULT COUNSEL IF YOU WISH, AND AGREE TO BE BOUND BY ITS TERMS, INCLUDING THE DISCLAIMERS, LIMITATIONS, RELEASES, INDEMNITIES, AND ARBITRATION PROVISIONS.

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