1. Applicability & Acceptance: If Service Provider and SWTCH Energy Inc. (“SWTCH”) have executed the SWTCH Service Provider Agreement (the “SSPA”), that SSPA governs over any conflicting terms of these SWTCH Installer PO Terms and Conditions (the “PO Terms”). Otherwise, these PO Terms together with the Purchase Order (“PO”) and any SWTCH terms referenced or incorporated herein to which they are attached constitutes the entire agreement between Service Provider and SWTCH in respect of the engagement set out in the PO. Performance of services or shipment of goods constitutes acceptance of these terms.