Ferretería EPA S.A. Transport Policy Regulations

This Regulation (hereinafter the “Regulation”) aims to establish, define, and regulate the terms and conditions under which FERRETERÍA EPA S.A., corporate tax ID 3-101-354271, hereinafter and for the purposes of this Regulation referred to as “Ferretería Epa S.A. / EPA”, provides its home delivery service.

The provisions herein are directed at Customers (see definition of Customer below) who choose to use the delivery service offered by EPA. The request and use of the service imply the Customer’s acceptance of the provisions of this Regulation, which shall be definitive regarding the transport or home delivery service. Failure to comply with the established regulations may result in the modification of the service conditions for the Customer, or exclusion from the same, without any liability on the part of Ferretería EPA S.A.

By virtue of the above, upon requesting the delivery service, Customers accept the conditions of this Regulation, including all applicable laws and regulations. Likewise, they accept EPA’s decisions related to the provision of the service. Ferretería EPA S.A. reserves the right to disable or modify the conditions of service provision and/or demand compliance with the conditions from those customers who directly or indirectly breach the terms and conditions established herein.

SECTION A. GENERAL PROVISIONS:

Article A1: Regarding the Delivery Service: The purpose of this Regulation is to establish and regulate the conditions that will govern the home delivery service offered by Ferretería EPA S.A. (hereinafter “EPA”).

Article A2: Application of the Service: The delivery service applies to all customers who require it. The delivery service is subject to the inventory available at a single dispatch location. If this is not the case, delivery times will be coordinated with the Customer. Delivery times are calculated from the moment the payment made by the Customer is confirmed.

Article A3: Service Customers: All natural and legal persons, considered as final consumers, who make purchases at Ferretería EPA and request home delivery may make use of this service.

Article A4: Service Rates and Additional Costs:

General Rates: The rates established for the delivery service depend on the weight of the ordered product and the distance to where the delivery will be made.

Reshipping Cost: In the event that the Customer is not available at the time of delivery or does not receive it within 20 minutes from the transport’s arrival, they must cover the cost of reshipping.

Costs for Change of Trips: If, due to site conditions or Customer preference, the type or number of trips must be changed, the Customer must pay the corresponding difference.

Unloading with Special Equipment: Services acquired for unloading with special equipment are subject to an additional cost.

Return of Merchandise by Customer Decision: For returns of merchandise by Customer decision, the customer must pay the corresponding return cost.

Pallets: Pallets are part of EPA’s inventory; they must be returned, otherwise they will be charged to the Customer. The Customer may keep the pallets temporarily by providing a security deposit or, alternatively, purchase the pallets.

Article A5: Information and Inquiries: For more information or inquiries about this Regulation or the delivery service, Customers can contact Business Support (Contacto Empresas) at 6005-2876 or at contactoempresas@cr.epa.biz, 7 days a week, from 7 a.m. to 9 p.m. This Regulation will be available in its entirety for the knowledge and information of the general public and consumers on Ferretería EPA’s communication channels.

SECTION B. CONDITIONS OF SERVICE PROVISION:

Article B1: Acceptance and Obligation: For the provision of the service, it is necessary for the Customer to know and accept the conditions, requirements, and limitations established in this Regulation. Any violation of this Regulation and/or the service’s procedures and application systems will imply immediate modification of the conditions for the Customer or exclusion from the service.

Article B2: Delivery Conditions:

Unloading Modality: Deliveries are made at the side of the truck, on the public road, and up to the point where the truck has access, with the final movement of the product remaining the Customer’s responsibility.

Assistance for Unloading by the Customer: For cases where the following conditions apply, the customer must have support personnel for unloading. This implies that the customer must receive the items from the edge of the vehicle and not at the side of the truck for:

●Items over 50 kg.

●Orders larger than 4 tons.

●Products whose dimensions make handling impossible without affecting their quality.

●When the truck does not have direct access to the final unloading point.

Entry into Private Property: If the Customer requires entry into private property, the carrier will request the signature of a document called Release of Liability, in which the Customer exonerates the carrier and FERRETERÍA EPA S.A. from any damage that may occur to the road surface, structures, items, or materials that may be struck by the vehicle.

Aggregate Delivery: The delivery of Aggregate-type material (sand, gravel, stone, etc.) is limited to a 10 km radius from the store making the dispatch.

Communication of Access Restrictions: The Customer must communicate in advance if access points have any restrictions or difficulties for the equipment. If not communicated, the transport will arrive only as far as access permits.

Restricted Dispatch Zones: For security reasons, there are zones where EPA suppliers do not make deliveries; these can be consulted in Annex B.

Article B3: Receipt of Merchandise:

Identification for Receiving: An identity document will be requested from the person authorized by the Customer to receive the shipment. Delivery to third parties must be authorized via the corresponding communication channel.

Review and Signed Conformity: It is the Customer’s responsibility to check the quantity, quality, and condition of the received merchandise and to sign the receipt of conformity for the carrier. For this purpose, the carrier will request identification from the person receiving the order and the document with which the purchase was made to validate the information.

Reporting Defective or Missing Products: To report defective or missing products, there is a maximum period of 24 hours after delivery. The carrier agrees to coordinate immediately with the store regarding any differences that arise in order to process the return in applicable cases.

Article B4: Rescheduling and Special Orders:

Delivery Rescheduling: To manage delivery rescheduling, the customer must inform before 5:00 p.m. on the day prior to the date initially agreed upon.

Special Orders: Special Orders will have a contract with their respective conditions.

SECTION C. TYPES OF DELIVERY SERVICE:

Article C1: Service for Regular Customer (Retail):

Customer Pickup (No cost): Orders are processed within 3 hours of payment confirmation and will remain available for a maximum of 4 business days. Orders that are not claimed are subject to cancellation with a refund. You may pick up your order at the Customer Pickup Module.

Dispatches within the Greater Metropolitan Area (GAM):

On-Route (Cost according to rate): On-route delivery between 8 a.m. and 5 p.m. Maximum weight 4.5 TONS. Maximum distance 35 km from the store. Deadline for confirmed payment: 5 p.m. on the day prior to the delivery date. Consult available delivery zones in Annex A.

Express (Cost according to rate): Delivery within a specific time range. Deadline for confirmed payment: 5 p.m. on the day prior to the delivery day.

Dispatches outside the Greater Metropolitan Area (GAM):

On-Route (Cost according to rate): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day to be included in the route. Delivery between 8 a.m. and 5 p.m.

Express (Cost according to rate): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day (direct and full trip for the Customer).

Courier Service (Courier cost): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day. The order is delivered to the courier company, with shipping paid in advance. The waybill is sent for pickup. EPA’s responsibility ends at the moment of delivery to the courier company.

Direct Supplier Dispatch: Subject to the manufacturer’s or distributor’s availability; the supplier’s delivery time must be coordinated.

Article C2: Service for Registered Corporate Sales Customer:

Customer Pickup (No cost): Orders are processed within 3 hours from payment confirmation. They will remain available for a maximum of 4 business days from payment confirmation. Orders that are not claimed are subject to cancellation with a refund. You may pick up your order at the Customer Pickup Module.

Dispatches within the Greater Metropolitan Area (GAM):

On-Route (No cost): On-route delivery between 8 a.m. and 5 p.m. Maximum weight 4.5 TONS. Maximum distance 35 km from the store. Deadline for confirmed payment: 5 p.m. on the day prior to the delivery day. Consult available delivery zones in Annex A.

Express (Cost according to rate): Delivery within a specific time range. Deadline for confirmed payment: 5 p.m. on the day prior to the delivery day.

Dispatches outside the Greater Metropolitan Area (GAM):

On-Route (Cost according to rate): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day to be included in the route. Delivery between 8 a.m. and 5 p.m. Consult available routes with the advisor.

Express (Cost according to rate): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day (direct and full trip for the Customer).

Courier Service (Courier cost): Deadline for confirmed payment: 12 p.m. The order must be invoiced 2 business days before its delivery day. The order is delivered to the courier company, with shipping paid in advance. The waybill is sent for pickup. EPA’s responsibility ends at the moment of delivery to the courier company.

Direct Supplier Dispatch: Subject to the manufacturer’s or distributor’s availability; the supplier’s delivery time must be coordinated.

SECTION D. RESTRICTIONS AND LIMITATION OF LIABILITY:

Article D1: Liability of Ferretería EPA S.A.: Concludes with the delivery of the merchandise requested under the conditions of this Regulation. Ferretería EPA S.A. will not be liable for collateral expenses implied for the Customer by the use of the service. These collateral expenses refer to: cost of calls, preparation of documents, copies, transport cost for reshipping, among others.

Article D2: Modifications or Suspension of Service: EPA may modify, reduce, expand, extend, suspend, or terminate the provision of the delivery service in advance, immediately, without any liability on its part, totally or partially, indefinitely or definitively, if any force majeure or fortuitous event occurs that warrants it. Likewise, for commercial reasons or convenience, it may also modify, suspend, or terminate this service under the same terms, at its sole and total discretion, without the need for prior notice other than that published in the communication media that EPA deems appropriate, or at its Customer Service centers.

Article D3: Exclusion of Liability for Use After Delivery: The service Customer shall be solely responsible for the use and enjoyment of the delivered merchandise. Ferretería EPA will not be held liable for damages to persons or property after delivery.

Article D4: Suspension Due to Breach or Illegal Activity: Ferretería EPA S.A. reserves the right to suspend the provision of the service temporarily or definitively in case of proven existence of fraud, deception, or any illegal activity by the Customer that hinders the normal performance of the service.

Article D5: Relationship between the Parties: No provision of this service shall be interpreted as creating a relationship between the parties different from that which arises from normal commercial traffic. No customer of the service, by virtue of being one, acquires the status of employee, representative, or agent of Ferretería EPA S.A. With the fulfillment of the obligations established in this Regulation, the relationship between the parties will conclude in its entirety.

Article D6: Applicable Law and Jurisdiction: This Regulation is governed by the laws of the Republic of Costa Rica. Any controversy arising in connection with this Regulation will be resolved in accordance with the applicable Costa Rican legislation.

ANNEXES

ANNEX A: GAM DELIVERY ZONES