1.1 The following are the terms and conditions (" T&C ") governing access to and use of our online platform (the “ Platform ”) through which users (“ Users ”) of the mobile application or the associated website to the marketplace called BIZEVOL, which is managed by Business Evolution SpA (both as the “ Application ”), you can access the virtual showcase, browse, register, make purchases and carry out various transactions regarding the products and/or services (the “ Products” ). ") that are promoted and marketed in accordance with the affiliation that the suppliers have on the Platform (the " Businesses " or " Suppliers ").

1.2 By accessing and using the Platform you (“ Customer ” or “ User ”) agree to be legally bound by these T&Cs, considered a contract for all legal purposes; with which Bizevol may terminate the existing contractual relationship in the event of any infringement or non-compliance with the T&C.

2.1 In accordance with these T&C, the Services delivered by Bizevol correspond solely to making the Platform available to the User so that the User can access, navigate, make purchases and transactions regarding the Products that the Suppliers offer, sell and market on the same, in accordance with the conditions established and the availability of stock at the time of purchase as indicated for each product, and case by case (the “ Services ”).

2.2 It is stated that the Services delivered under this instrument are for the personal, sole and exclusive use of the User, and in no case may they be used by the User for the purpose of marketing them.

2.3 Likewise, the Client hereby accepts and declares that he/she is aware that Bizevol does not market or distribute the Products at his/her charge, risk and cost; It only provides the indicated Services as a marketplace and in this capacity makes the Products offered by the Suppliers available to Users, allowing their promotion and the intermediation of transactions. Consequently, the Client accepts and declares to know in this act that the Products just referred to will always be the responsibility of the Merchants and that there is no legal or employment relationship between them, beyond their affiliation to the Platform so that they promote and advertise the Products.

2.4 The content of the Platform, together with and without limitation, its logos, programs, databases, images, texts, information and files are the property of Bizevol and/or the administrator of the Platform as applicable. Its improper use as well as its reproduction without express and prior written consent will be subject to the corresponding legal actions. These T&Cs cannot be interpreted as a partnership contract, mandate or that generates any type of relationship between the Platform or Bizevol and the User.

2.5 Additionally, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited, online storage platforms, among others and/or their corresponding international subsidiaries or affiliates will be third party beneficiaries in this contract if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft Windows systems, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Services in any way. Your access to the Platform using these devices is subject to the conditions set forth in the applicable third-party beneficiary terms of service.

3.1 User Accounts.

To use the Services, the Customer will not require registration and it will be enough to complete an email with some minor personal information for the purposes of communication and coordination of the purchase, shipping and other details; but you may register and maintain active a personal user account of the Services (the “ Account ”), associated with your name, identity card or respective identification document, address, telephone number and any personal information required by the Platform, as well as as well as the data of a valid payment method for the payment of the Services and/or Products.

Consequently, by this act, you expressly consent to providing your personal data and that these are stored by Bizevol only for the purposes of being able to provide the Services correctly.

The Client is now obliged to provide information in a truthful, exact, complete and precise manner; assuming the commitment to update personal data as necessary, and being exclusively responsible for any damages that may be caused by the provision of any false, incorrect or imprecise information. The Platform is not responsible for the accuracy of the personal data provided by Users. Otherwise, the Platform may deny access to the use of the Services, or Bizevol may terminate the existing contractual relationship under these T&C.

The Client will be solely responsible for all activity that occurs in their Account and the data entered, and agrees to keep the username and password of their Account secure and secret at all times.

3.2 Requirements and conduct of Users.

a) Users registered on the Platform must be people of legal age and fully capable, or who have the authorization of their parents, guardians or curators. In this case, it will be the responsible adult
of the minor who will be solely responsible for the use that the minor gives to the Platform, and any act contrary to these T&C that is carried out by the minor, will be understood to have been carried out for all purposes by the responsible adult.

b) The orders or purchases made on the Platform will be considered valid, and the acts and transactions that are executed in compliance with them will be considered, for all legal purposes, as carried out by the User, and consequently, mandatory and binding. for the user.

c) The User may under no circumstances authorize third parties to use, assign or transfer their User Account in any way, which is for personal use and non-transferable.

d) It is prohibited for the same User to register or possess more than one Account. In the event that the Platform detects different Accounts that contain matching or related data, it may cancel, suspend or disable them, without the need for prior notification to the User.

e) The User must use the Platform for legitimate purposes and in accordance with the provisions of this instrument, with the User being solely responsible for any damage caused as a result of non-compliance with this clause.

f) The User undertakes to notify the Platform immediately and by suitable and reliable means of any unauthorized use of their Account, as well as entry by unauthorized third parties to it. In the same sense, the sale, assignment or transfer of the Account under any title is prohibited.

g) The User accepts and acknowledges that the Platform has robotic user recognition systems (“ Bot ”) with the purpose of preventing access to the Platform. With this, the User expressly accepts that whatever the system, it sends an access alert about possible or potential Bots, Bizevol will have the power at its discretion to prevent access to the Accounts and Platform in general until it is determined that the user actually corresponds to a non-Bot User.

3.3 Network access and devices.

Customer will be solely responsible for obtaining network access data necessary to access the Platform and use the Services. In this sense, it is noted that the data and message rates and rates of your mobile network may apply if the Client accesses or uses the Services from a wireless device and in such case, the Client will be responsible for said rates and rates.

The Client will be responsible for keeping compatible hardware or devices necessary to access the Platform and use the Services and Applications and any updates thereto up to date.

Bizevol does not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.

4.1 The Suppliers are those companies or entities that agree to promote, offer and market the Products with Bizevol on the Platform, and that have a promotion contract on our Platform and that are authorized to market their products and/or services in the jurisdiction of the User.

4.2 The Merchants are independent suppliers of Bizevol, and do not maintain any commercial or employment relationship with it. Likewise, it is stated that they are not agents or representatives of Bizevol; nor does the promotion contract validly signed and in force with Bizevol make it your distributor or representative.

4.3 The information on the Products, their characteristics, technical data sheet, photos, images, stock, warranty, or any other, contained on the Platform will be provided and under the exclusive responsibility of the Suppliers. In no case will the information contained on the Platform be considered to imply that Bizevol assumes the
responsibility for any situation related to the Products, their conditions or characteristics; nor does it imply a recommendation, suggestion or advice of any kind.

4.4 Bizevol reserves the right to carry out special promotions at its sole discretion and send advertising, propaganda or carry out marketing and promotional campaigns by any means: emails, notifications, Platform, WhatsApp or other means of messaging or social networks. Promotions may consist of: installments, discounts, refunds, rappels, etc. These promotions may be exclusive for certain Products, Payment Methods or agreements with certain financial entities. The conditions, terms and characteristics will be established by Bizevol at its sole discretion.

4.5 The offers of the Products by the Suppliers must comply with the following rules:

a) In all cases, the available stock will be reported, and purchase operations may be carried out in accordance with the provisions of the following paragraph. The Product offered on the Platform must be exactly the same as the one that will be delivered to the User if the purchase is made.

b) The prices of the published Products must be expressed in pesos, the legal currency applicable in Chile, and consider the Value Added Tax (“ VAT ”).

c) The prices of the Products are established exclusively by the Suppliers, therefore, they may not coincide with those published in commercial premises, department stores, retailers or businesses.

5.1 The User declares to know and accept that due to the dynamism of the Platform, it is possible that several Users carry out simultaneous operations on the same Product, and as a result, when trying to complete the operation, the product is not available.

5.2 The User declares to know and accept that at the time of confirming the operation carried out, it
will constitute a purchase and sale operation, applying all the corresponding regulations to them.

5.3 The purchase of a Product may not be completed for various reasons, including, and only by way of example, lack of funds in the payment method selected by the User, rejection of the issuing entity or the card or other similar ones; situations that the User declares to know and accept, exempting Bizevol from any responsibility.

5.4 If the operation is not confirmed, the User will be notified of said circumstance by sending an email or messaging for purposes of reviewing the situation that has prevented the transaction from being completed.

5.5 If the purchase is confirmed, the User will receive an email sent by the Platform to the email address that the User had informed at the time of registration and once the operation has been confirmed.

5.6 The Platform's shipping policy consists of the following rules:

a) Given that the Products offered on the Platform have different suppliers, delivery times are subject to the policy of each Supplier, and which are informed prior to the time of each transaction. The delivery of the Products includes transportation to the door of the address declared by the User on the Platform (door of the building in the case of apartments or offices). Any person over 18 years of age who is at the delivery address may receive the Product by proving their identity with their document.
of identity.

b) Shipping costs will be assumed in their entirety by the Supplier or the User, in accordance with the terms and conditions established in the respective publication on the Platform.

c) If the Supplier does not deliver the Product within the deadlines informed at the time of purchase, regardless of the cause of non-compliance, it is recognized that it will not be the responsibility of Bizevol; and consequently, the User expressly exempts from all liability Bizevol and/or the related companies or persons that are part or will be part of it in the future, its directors, managers, employees, agents, representatives and/or attorneys-in-fact.

5.7 The Product change policy consists of the following rules:

a) The deadlines for making changes begin to govern from the date of delivery of the Product to the address indicated by the User.

b) At the time of receipt of a Product, the User or the person who receives it must sign a receipt or delivery certificate so that there is evidence of its receipt.

c) The change of Products purchased on the Platform may be made within 10 (ten) calendar days after receiving the product. Exchanges of Personal Care Products are not accepted.

d) To make the return, it is an inexcusable requirement that the Product be unused, in perfect condition, with labels, accessories and original packaging (including, if applicable, manuals, user guides, warranty certificates, etc.). In all cases, the invoice, receipt and/or delivery records must be kept.

e) As a general rule, all Products may be subject to the exchange policy, except for those that, on a case-by-case basis, indicate otherwise on the Platform at the time of the transaction.

6.1 By this act, the Client accepts and declares to know that Bizevol may modify, suspend or interrupt the use and access to the Platform, any part of the Platform, whether for all Users, at any time giving the respective notice at any time. as possible, considering that the Services provided by the Platform depend on the Providers, and on various factors beyond the efforts and responsibility of Bizevol, such as in the following cases: (i) due to the need to carry out repair tasks and /or maintenance of all or part of the elements that make up the Platform; (ii) in the event that due to any circumstance derived from measures or resolutions issued by any public authority; or, (iii) in all cases of fortuitous event or force majeure. The events indicated are merely illustrative, and may be discontinued for other reasons; all of which will not be necessary to prove to third parties.

6.2 Likewise, the Client accepts and declares to know that Bizevol will not be responsible for any loss or damage caused by any of the actions mentioned in the preceding paragraph. The Platform depends on several factors, such as software, hardware and tools, whether proprietary, contractors and/or suppliers.

6.3 In the event that the Client does not agree with certain modifications to the Platform or there is a discontinuity of the Services, they must simply terminate access to the Account or the Platform and stop their search and/or transaction in progress.

7.1 The execution of purchases or transactions on the Platform may result in charges or commissions for the provision of the Services, which as a general rule will be charged to the Provider, although exceptionally they may also be charged to the User; which must be reported in each case by the Platform (the “ Charges ”). In any case, Bizevol will collect the taxes applicable in its jurisdiction or abroad and that apply in accordance with the Law.

7.2 Once the Charges have been made, Bizevol, as a collection and limited collection agent, will facilitate the payment of the same and applicable taxes on behalf of the Suppliers and/or Users, as appropriate. Payment of the Charges, price of the Products and taxes that are applicable will be considered as if the payment were made directly by the Customer to the Suppliers in its jurisdiction or abroad, as applicable.

7.3 Likewise, the Client accepts and declares that payment will be made through credit cards or other means of payment (the " Means of Payment ") and that in relation to these he is duly and fully authorized to
use and dispose of, and that all payment-related information you provided and will provide in the future, through the Platform is true, accurate, current and correct.

7.4 The Client agrees to pay all fees and Charges associated with his Account in a timely manner and in accordance with the specific charge published on the Platform. By providing us with your Payment Methods, you authorize and grant us the mandate to bill and collect from you through said Payment Methods.

8.1 The purpose of the collection and automated processing of personal data is to maintain a fluid relationship between the Clients, the Platform, the Suppliers and Bizevol, as well as the management, administration, provision, expansion and improvement in the provision of the Services, the shipment of updates to the Services and the sending by traditional and electronic means of technical, operational and commercial information about them. Therefore, the User declares to know and accept that the personal data collected here is required for the purchase of Products.

8.2 Bizevol does not sell, assign, or transfer in any way the personal data of Users to unrelated third parties. Bizevol may only transfer the personal data of the Users to the Suppliers and/or entities related to it, unless the Client expressly denies its authorization and always with full respect for the legal regulations that govern in Chile. For these purposes, a related entity will be understood as any other person that directly or indirectly controls, is controlled by, or is under the direct or indirect common control of Bizevol. For the purposes of this definition, control has the meaning given to said expression by current and applicable legislation.

8.3 Bizevol, at its will and discretion, may share and publish on its social media accounts, walls, stories or applications, the benefits, promotions, contests or data about the relevant transactions that have been executed on the Platform.

8.4 The Client will enjoy all the rights recognized by current legislation in the territory of Chile, and also those granted in these T&C. The User will have at all times the rights to information, rectification and cancellation of personal data in accordance with current and applicable legislation on the protection of private life and/or processing of personal data.

9.1 Bizevol is responsible and obligated only for the supply of the Services, maintenance of the Platform, its operation and the commitments adopted in the second clause above, but in no case is it obligated or even responsible for the Products, their conditions, characteristics, functionality. , factory warranty, stock, shipping or any other element related to the Products, whose total and complete responsibility lies with the Suppliers, who will be responsible for the stock, product quality, availability, logistics, warranty, after-sales or any other condition of the Product. ; the above, unless each product and/or transaction indicates that the Platform will coordinate the shipment through the Supplier or logistics coordinator itself. All specific conditions in any case will be published on the same Platform. In this sense, the parties expressly agree from now on that Bizevol will not be liable in any case for the lack or non-compliance of the elements previously indicated, their claims or similar situations, the Client expressly releasing Bizevol from any obligation to compensate for damages or losses. direct or indirect, of any nature that is caused by the provision of the Products by the Suppliers, including, but not limited to any act, omission, opinion, response, advice, suggestion, information and/or service of any of the Suppliers.

9.2 Bizevol will not be responsible nor does it provide any guarantee regarding the reliability, timeliness, quality, suitability or availability of the Products made available to Users through the Platform, nor that the Products will not be interrupted, discontinued, have any failure of manufacturing or do not represent the same quality, terms or conditions of the Product marketed on the Platform. Consequently, Bizevol does not guarantee in any way the Products that the Suppliers will market.

9.3 Customer further represents and agrees that Bizevol shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury or property damage, nor for damages relating to, in connection with, or otherwise arising from any use of the Platform or as a consequence of: (i) your use of or reliance on the Platform or your inability to access or use it; or (ii) any transaction or relationship between Customer and Suppliers.

9.4 The User or his/her dependents who use the Platform may not, under any circumstances, register or store images, designs, logos or any form of reproduction of the brands or products associated with the Businesses, by recording images, sounds. , texts, or other language encrypted or not, that are made through the Platform, or that, not being made through the Platform, has been
arranged under this. It is expressly prohibited to market or have any recording of images, logos, texts, Application interfaces, dashboards or any other image linked to the Platform.

9.5 The Client in turn accepts and undertakes not to make any use of the Platform to publish, send or deliver any of the following: (a) unsolicited email and/or advertising or promotion of goods and services; (b) malicious software or code; (c) content that is illegal, harassing, invasive of privacy, abusive, threatening, contrary to morals and good customs, racist or potentially harmful; (d) any content that infringes any third party right, including intellectual property rights; (e) any
content that may cause harm to a third party; (f) any content that may constitute, cause or encourage criminal action or violate any applicable local or international law, statute, ordinance, rule, regulation or code of ethics in connection with your use of the Platform and your relationship with the Providers and Bizevol . Users shall hold Bizevol harmless against any claims, losses, causes of action, demands, liabilities, costs or expenses including, but not limited to, litigation and attorneys' fees and expenses arising out of or related to the breach of the above obligations. referred by Users.

9.6 This clause shall remain in force even after the termination or expiration of this agreement.

Under this agreement, the Client agrees that Bizevol may send notices or other communications regarding this agreement or any aspect of the Platform by email to the email address registered therein, by regular mail or online, and by telephone to the number indicated by the User. The date of receipt will be deemed the date on which such notice is given.

The terms of this agreement will be subject to and interpreted in accordance with the laws of the Republic of Chile. Likewise, the Parties submit to the jurisdiction and competence of their Ordinary Courts of Justice.

a) Non-transferability: Neither party may assign this agreement, nor the rights or obligations provided for in it, without the prior written consent of the other party, except as stipulated in these T&C.

b) Headings: The paragraph headings of this Agreement are for convenience only and shall not apply in the interpretation of this Agreement.

c) Severability: If any provision of this agreement is found by a court of competent jurisdiction to be illegal, invalid, unenforceable or contrary to law, the remaining provisions. will remain in full force and effect.

These terms and conditions of sale (the "Terms") govern the sale by Seller and purchase by customers ("Buyer") of EVRYPART products (as defined below) in person, by email, by phone or through our website www.bizevol.com. The Seller and the Buyer are collectively referred to as the “Parties” and each individually a “Party.”

In these Terms, "Products" means each and every product included in the order form completed at the beginning of these Terms ("Order Form") and any other products you purchase from us.

By placing an order with us, you will be entering into a contract with us for the supply of Products. You will be legally bound by:

(a) These Terms;

(b) Order form

(collectively, the "Agreement"). If any conflict arises between any of the documents forming part of the Agreement, the provisions of these Terms will prevail.

All sales of Products by Seller to Buyer are subject to the Agreement and the Agreement is a binding contract between Seller and Buyer. The Agreement applies in preference to and replaces any and all previous terms and conditions offered or relied upon by the Buyer, whether in negotiation or at any stage of the relations between the Buyer and the Seller with reference to the sale and supply of Products. Without prejudice to the generality of the foregoing, Seller is not bound by the terms and conditions provided by Buyer.

You can place an order for Products as follows:

(a) Contact us in person, by telephone, by email or through our website www.bizevol.com and tell us which of our Products you wish to purchase and the delivery method chosen;

(b) Review our quote regarding the Products you are interested in

(c) Accurately complete all relevant fields on the Order Form we provide to you. Please read and review your Order Form carefully before submitting it. If you need to correct any errors, you may do so before submitting your Order Form to us;

(d) Send us your signed Order Form in person, by email or otherwise; and

(e) Making your payment.

By placing an order with us, you represent and warrant that (a) you have full power and authority to enter into and perform your obligations under this Agreement; and (b) do not act otherwise than in the course of business. The buyer is responsible for ensuring that orders are complete and accurate. Buyer shall provide Seller with all necessary information relating to the Products that Seller reasonably requires to fulfill each order.

Acceptance of your order . When you place your order at the end of the order process and only when your payment has been accepted and cleared, we will confirm our acceptance of your order by sending you an email to the email address provided in the Order Form or otherwise communicated and we will provide an order number. Please note that by placing an order in person, by email or otherwise, you will not be deemed to have purchased any Products until we confirm by email our acceptance of your order in this way. At this point, a legally binding contract will be established between you and us.

If we cannot accept your order. We may contact you to inform you that we cannot accept your order. This may be because we are unable to authorize your payment or because there has been an error in relation to the price, description or availability of the Products.

Upon request, we will provide you with a quote regarding the Products you are interested in purchasing. The price payable for a Product (the “Price”) will be in United States Dollars (USD) and will be set out in the quote we provide to you prior to submitting an Order Form. The price and availability of all Products advertised or otherwise communicated are subject to change at any time before we accept your order.

Prices are not set until the Seller accepts the Buyer's order.

If the Parties agree other delivery conditions, we reserve the right to increase our delivery quote to cover additional costs.

We only accept payments by electronic bank transfer. You must comply with the relevant terms and conditions of the bank you choose to use to pay for your order. We may introduce or remove available payment processing methods at our own discretion.

All amounts due under this Agreement by Buyer to Seller shall be paid in full without any setoff, counterclaim, deduction or withholding (other than any deduction or withholding of taxes as required by law). The Seller may at any time, without prejudice to any of its other rights or remedies, set off any amount due to it against any amount payable by the Seller to the Buyer.

Payment for the Products by electronic bank transfer must be made within 3 days of acceptance of the order, by bank transfer to the account specified in the corresponding invoice. You agree that time for payment for the Products will be of the essence. If you fail to make any payment due to us by the stated due date, then, without limiting our remedies under these Terms, you will be liable to pay interest on the overdue amount. Interest will be calculated from the due date to the payment date (both inclusive) whether before or after judgment, according to the rate closest to the due date. You will pay interest along with the overdue amount.

Shipping dates are estimates and shipping time will not be of the essence. Seller will not be responsible for loss, damage or cost caused by late shipments.

The Seller shall have the right to suspend the delivery period if the Buyer fails to pay any agreed additional amount when due. The delivery period may be extended whenever the Buyer is late in transmitting technical or other data required by the Seller for the execution of the order (including, but not limited to, specifications and/or instructions necessary for delivery) or in case of modifications of said data by the Buyer (such as requesting a different delivery location). Delivery of the Products is completed upon completion of unloading of the Products at the delivery location.

Shipping and handling charges include costs associated with processing, handling, packaging and delivering the order to Buyer and/or Buyer's designated recipient. The Seller may deliver the Products in separate installments. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept the initial installment or any remaining installment. Delays that are the sole responsibility of the Seller will never entitle the Buyer to rescind or cancel the contract. If Buyer delays shipments, invoices may be issued on dates when Seller is prepared to ship.

The Seller shall not be liable for any delay or failure in the fulfillment of any order, in the delivery or shipment of any Product or for any damage or loss suffered by the Buyer or any third party which is caused by, or in any way arises from, directly or indirectly, any labor unrest, embargoes, riots, storms, fires, explosions, pandemics, acts of God or public enemies, inability to obtain necessary labor or raw materials, accidents or mechanical breakdowns or failures of machinery or equipment, changes in economic conditions, severe weather, delays or interruptions in transportation or any other cause beyond Seller's control. In the event of such a delay, the relevant shipping date(s) will be postponed to compensate for such delay. If Seller's performance becomes permanently impossible or impracticable, either Party may cancel affected orders by written notice to the other Party and, upon such cancellation, Seller shall have no liability to Buyer and Buyer shall be liable for pay only for the portion of such orders that has been completed, including, without limitation, all inventory and supplies that cannot be returned for full credit or that may otherwise be used by Seller.

Evrypart products sold and installed on a machine are covered by a warranty period of three (3) months from the end user invoice date or the first 500 engine hours, whichever occurs first.

If the incorrect Evrypart part has been received, or the part is non-functioning or damaged upon arrival, the uninstalled part will be returned to the location defined by the Seller following established routines regarding non-conformity.

The warranty does not cover the following:

• Fuel, coolant, hydraulic, compressor, hammer and lubricating oils, grease, antifreeze or any filter element.

• Wear parts that are subject to wear functions, such as slide bar, slide piece, drill support half, bushing, etc.

• Abnormal use of spare parts or improper installation or incorrect operation or extreme conditions of use are not permitted.

• The replacement of hydraulic pumps, motors, cylinders and electronic components where the component failure could have been economically repaired, for example by replacement of the overhaul/seal kit or by repair.

• Hoses, fittings, seals, O-rings, screws, nuts, bolts, rivets, washers, safety labels, stickers, tires, tubes, ground, coupling parts and other parts that require replacement as a result of normal wear and tear

• Deterioration of parts such as rubber articles or components affected as a result of corrosion.

• Failures and progressive damage resulting from the use of a non-Seller approved accessory, part accessory, consumables or unauthorized drilling tools as configured for the application.

• Loss or damage caused by the carrier or any costs of towing, hauling, loading and unloading.

• Repairs required as a result of improper handling, storage or protection by the dealer or customer.

• Distribution or customers with poor workmanship.

• Downtime, loss of production costs, loss of profits or any other consequential damages and costs.

• Transportation costs to obtain replacement equipment or any costs of renting or leasing a backup unit.

• Preventive maintenance or operational services, including, but not limited to, adjustments and inspections.

• Transportation costs will not be considered as warranty costs.

• Force Majeure.

• Sock sub or Floating Subs (drilling solutions only).

• Complete overhaul kits for rock drills and rotary units will not be accepted.

• Diesel engines are covered by the engine OEM's warranty policy. Engine warranty claims will be made to the local engine supplier's authorized service facility. Where necessary, it is the buyer's responsibility to ensure that the engine is registered with the original equipment manufacturer or its representative. All labor and similar costs will be claimed from the local engine supplier's network.

• Parts failing due to improper lubrication and installation, inadequate air, fuel and coolant flow.

• Carrier on truck-mounted machines, such as, but not limited to, truck chassis or mini-excavators.

Reports

• All quality problems resulting from technical problems must be reported at the time they occur. It is the buyer's responsibility to continually and promptly report all warranty cases to Seller's customer service. All warranty claims will be written in Spanish.

• The machine must be started in a normal situation.

• The warranty reported with failure date within the warranty period.

• Correct serial and part number data, complete customer data information

• Detailed description of the problem, photographs and reports on the measures taken to solve and correct the problem.

• Inform the Seller no later than 5 days after the occurrence. Any additional data requested by the Seller must be provided within acceptable time frames and no more than 5 days.

All catalogues, brochures, photographs, descriptive material, illustrations and advertising issued by us or on our behalf are issued or published solely for illustrative purposes and to give you an approximate idea of ​​the Products and their results. They will not form part of the Agreement and no warranty is expressed or implied in these Terms.

(1) The Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall within the scope of application of the article 12g of Council Regulation (EU) No 833/2014.

(2) Buyer will use its best efforts to ensure that the purpose of paragraph (1) is not frustrated by third parties further down the trade chain, including potential resellers.

(3) Buyer shall establish and maintain an appropriate monitoring mechanism to detect conduct by third parties downstream in the commercial chain, including potential resellers, that defeats the purpose of paragraph (1).

(4) Any violation of paragraphs (1), (2) or (3) shall constitute a material breach of an essential element of this Agreement, and Business Evolution Spa shall have the right to seek appropriate remedies, including, but not limited to, the following :

I. Termination of this Agreement; and

II. A fine of 10% of the total value of this Contract or the price of the exported goods, whichever is greater.

(5) The Buyer shall immediately inform Business Evolution Spa of any problems in the application of paragraphs (1), (2) or (3), including relevant activities of third parties that may defeat the purpose of paragraph (1). The Buyer must make available to Business Evolution Spa the information regarding compliance with the obligations established in sections (1), (2) and (3) within a period of two weeks from the simple request for said information.

The liability of the Seller in respect of any claim of the Buyer or any third party under or in connection with the Agreement or arising out of or in any way related to any Product sold by the Seller to the Buyer (including, without limitation, the sale, use or transportation of such Product) shall be limited solely to the Price of such Product.

SELLER SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS OR OTHER LOSSES OF BUYER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE, USE , THE PROCESSING OR TRANSPORTATION OF ANY PRODUCT.

SELLER SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY CLAIM, ACTION, PROCEEDING, LOSS, DAMAGES, EXPENSES OR COSTS ARISING OUT OF OR IN ANY WAY RELATED TO BUYER'S RESALE OF PRODUCTS.

Nothing in these Terms excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the Seller's obligations or any other liability that cannot be legally limited or excluded.

The Buyer undertakes to hold harmless for any damages that may be caused to Business Evolution Spa, arising from any complaint, claim or prosecution filed by any third party either against the Buyer or against Business Evolution Spa, due to the use of the products. subject of these Terms.

The Buyer must comply with all safety and hygiene standards established by Chilean laws and International agreements of which Chile is a member, for the use or resale of the Products, releasing Business Evolution Spa from this moment from any responsibility that may arise. arise from accidents or death related to the use of the Products.

For the purposes of this Clause 10, "Intellectual Property Rights" means patents, utility models, invention rights, copyright and related rights, trademarks and service marks, names trademarks and domain names, presentation and commercial image rights, goodwill and the right to sue for trademark infringement or unfair competition, rights to designs, rights to databases, rights of use and protection of the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case, whether registered or unregistered, including applications and rights to request and be granted, the renewals or extensions and the rights to claim priority of such rights and all similar or equivalent rights or forms of protection that subsist or subsist now or in the future in any part of the world.

You acknowledge and agree that all Intellectual Property Rights, including all registered and unregistered Intellectual Property Rights, in the Products and any other materials we provide to you in connection with the Products are the property of us or our suppliers or licensors. These Terms do not transfer to you or any third party any right, title or interest in or to such Intellectual Property Rights.

You must immediately notify us in writing of any possible violation, infringement or illegal use of the Intellectual Property Rights in the Products of which you become aware and we will take any action we deem necessary with respect to such matter.

Information relating to the business, assets, affairs, clients, customer or suppliers, together with any and all technical, commercial, proprietary or similar information of the Seller contained in plans, drawings, specifications, photographs and others documents (collectively, "Confidential Information") disclosed or provided by Seller to Buyer or its officers, directors, employees or agents (collectively, "Representatives") and all copies thereof, including, without limitation, any and all of materials of any kind containing or incorporating any Confidential Information, are the sole and exclusive property of the Seller. Disclosure of Confidential Information by Seller to Buyer or its Representatives shall not be construed as granting to Buyer or its Representatives, whether express or implied, any right, title or interest of any kind in any Confidential Information.

Buyer agrees not to disclose any Confidential Information to any person at any time, except (a) to its Representatives who need to know such information in order to exercise Buyer's rights or carry out its obligations under this Agreement or in relation thereto, provided that such Representatives comply with the confidentiality obligations contained in this Clause 10; and (b) as required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

Buyer (a) acknowledges that failure to comply with this Section 11 will cause Seller irreparable harm and that a legal remedy for such failure would be an inadequate remedy for Seller and (b) consents to Seller obtaining from a court having jurisdiction , specific performance, a court order, a restraining order or other equitable relief to enforce such provision. Seller's right to seek and obtain such relief is in addition to, and not in lieu of, any other remedy to which it may be entitled under applicable law (including, but not limited to, monetary damages).

Any personal data we collect about you, your employees or representatives will be treated in accordance with our privacy policy.

The term of the Agreement will begin on the date we accept your order and will continue unless terminated in accordance with this Clause 13.

We may terminate the Agreement or any order at any time by giving you at least fifteen (15) days' written notice of our intention to terminate.

If the buyer:

(a) fails to pay all or part of any amount when due;

(b) fails to comply with any of its other obligations under these Terms and the failure is irremediable or if the failure is capable of remedy and the Buyer fails to cure such failure within fifteen (15) days after notification by of the Seller of such failure;

(c) passes a liquidation resolution or a court of competent jurisdiction makes an order for liquidation or dissolution; the appointment of a liquidator; the issuance of an order of examination or the appointment of an administrator or receiver over, or the taking possession or sale by a lien of, any of the assets of the Buyer; make a Convention or agreement with your creditors generally or submit an application to a court of competent jurisdiction for the protection of your creditors generally; suspension, or threatened suspension, of the payment of your debts or your inability to pay your debts when due or admitting your inability to pay your debts; ceases, for any reason, from being able to carry on business or is prevented from carrying on such business; and/or in respect of any of the foregoing, the Buyer any step or action in another jurisdiction, in connection with any analogous proceedings in the relevant jurisdiction; either

(d) suspends, threatens to suspend, ceases or threatens to cease carrying on all or a substantial part of its business, then all sums due or to become due from Buyer to Seller, may, in the sole discretion of Seller, become due and payable immediately, and at the same time, or alternatively, the Seller may, in its sole discretion, terminate the Agreement or any existing order between the Parties and exercise any other remedy available to the Seller under applicable law.

For the avoidance of doubt, termination of an individual order or orders will not affect the validity of any other order or the Agreement, which will continue in full force and effect unless terminated in accordance with these Terms.

Termination of this Agreement shall not affect any of the rights and remedies of the Parties that have accrued at the time of termination, including the right to claim damages in respect of any breach of this Agreement that existed at the date of termination. termination or before.

Any provision of this Agreement that is expressly or impliedly intended to come into force or continue in force on or after termination shall remain in full force and effect.

The Buyer shall be responsible for all costs and expenses, including, without limitation, legal fees and disbursements, incurred by the Seller in the application of any term or condition in these Terms, and the Buyer shall indemnify and hold harmless and promptly reimburse to the Seller such costs and expenses. Buyer will defend, indemnify and hold harmless Seller against any and all claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, legal fees and disbursements) arising out of or in connection with Buyer's purchase, use, resale, processing or transportation of Products.

Any order accepted by Seller cannot be canceled by Buyer prior to shipment.

Return policy

Most of our products are manufactured and supplied on demand and are not considered a stock item. To return a product for defects, incorrect orders, incorrect shipments, or any other reason, a Return Authorization is required. Please notify our customer service team by email and provide information on the nature of the problem, the invoice number under which the Product was purchased, and the invoice date for the Product in question.

We will provide the Products delivered hereunder in accordance with all applicable international laws, rules and regulations. Buyer shall comply with all international and local laws, rules and regulations applicable to the possession, transportation and use of all products sold to Buyer hereunder, including all applicable import and export control laws and regulations of U.S. and European Union, and will obtain all necessary export licenses in connection with any subsequent export, re-export, transfer and use of all Products delivered hereunder.

Buyer represents and agrees (continuously) that neither it, nor any of its subsidiaries (nor, to its knowledge, any director, officer thereof or any of its subsidiaries) is a person who is, or is owned or controlled by a person that is expressly the subject of economic or financial sanctions or trade embargoes implemented, administered or enforced by the United Nations Security Council, the European Union, any Member State of the European Union, the United Kingdom or the United States of America (collectively, "Sanctions"), or located, organized or resident in a country or territory that is, or whose government is, the subject of sanctions at the national or territorial level (currently being Cuba, Iran, North Korea, Syria and Crimea). The Buyer agrees to: (i) comply with all Sanctions and export controls that apply to it and its business; (ii) not sell, supply or transfer any goods supplied by Business Evolution Spa. under this Agreement to any third party recipient, or to engage in any other activity, that results in a violation of the applicable Sanctions or export controls by any person; (iii) inform Business Evolution Spa without delay if it becomes aware of any event or matter that results or may result in a violation of the applicable Sanctions or export controls by the Buyer or Business Evolution Spa.; and (iv) indemnify and hold harmless Business Evolution Spa from and against any loss, liability, claim, proceeding, action, fine, cost and damage of any nature which Business Evolution Spa may incur or suffer by reason of the Buyer breaches the declarations, agreements and commitments given hereunder. Notwithstanding anything to the contrary in this Agreement, Business Evolution Spa has the right to terminate delivery and/or any related Agreement (including this Agreement) with immediate effect and without any liability to the Buyer in the event that Business Evolution Spa . (acting reasonably) believes that the same or any part thereof or the actions of the Buyer would result or could result in a violation of the applicable Sanctions or export controls by any person.

The Buyer undertakes that in all activities carried out under these Terms, it will observe the strictest compliance with the applicable legal provisions, especially the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin and to maintain in all moment the highest and unquestionable ethical behavior. Likewise, the Buyer undertakes not to offer, promise or give, by itself or through any third party, money, gifts, valuable objects or any other gift, whether in goods or services, to candidates for public office, political parties and /or its militants and/or any public official, whether federal, state or municipal.

Yes Business Evolution Spa. requests it, the Buyer is obliged to deliver, within 15 (fifteen) business days following the written request, a certification stating that it is in compliance with this clause and that it is not aware of any act that may result in a material violation thereof or the applicable Anti-Corruption Laws.

The Buyer is obliged to indemnify Business Evolution Spa. for expenses, damages and losses caused, directly or indirectly, by the Buyer, partners, shareholders, directors, staff, clients or suppliers, in violation of the legal provisions aimed at the prevention of corruption or money laundering.

The Agreement is governed by and must be interpreted in accordance with the laws of the Republic of Chile. Likewise, the Parties submit to the jurisdiction and competence of their Ordinary Courts of Justice.

The Agreement constitutes the entire Agreement between the Parties with respect to the sale of Products to Buyer, superseding all prior representations, agreements or understandings, written or oral, between the Parties with respect to such sale.

These Terms may not be modified orally or by any course of conduct by either Party, but may only be modified by a written Agreement executed by the Parties.

Seller's failure to enforce any provision hereof shall not be construed as a waiver of such provision or of Seller's right to enforce such provision and (b) object to the provisions contained in any purchase order or other communication from Buyer shall not be construed as a waiver of these Terms or as Buyer's acceptance of such provisions.

These Terms will be binding on the Parties and their respective successors and assigns; provided, however, that Buyer shall not assign any of its rights or obligations hereunder without the prior written consent of Seller, which consent may be withheld in Seller's sole discretion.

The purchase orders, invoices, communications and other annexes resulting from these Conditions will be considered an integral part of them.

To contact us, send an email to Business Evolution Spa. to contacto@bizevol.com.