TERMS AND CONDITIONS

These Online Store Terms and Conditions of Sale (together with the "Terms and Conditions") are the terms and conditions under which we supply to you any of the products ("Products") listed on our website: www.fortatech.com.br ("Online Store"). These Terms and Conditions do not cover the sale of our products other than through our Online Store. Please read and understand these Terms and Conditions carefully before ordering any product from our Online Store. You must understand that by ordering any of our Products, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Product from our Online Store. You may print a copy of these Terms and Conditions for future reference, provided, however, that for each Product order, the Terms and Conditions in force at the time of the order will apply (see OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS below).

Information about us

Our Online Store is operated exclusively by Forta Tech. We will receive the order placed by you in our Online Store and will begin processing the order after payment approval.

Availability

By entering your ZIP code on the Shopping Cart page, our system will inform you of the maximum delivery time, as well as whether the chosen products are available for delivery to your address.

Your status

By placing an order through our Online Store, you warrant that:

(A) you are legally capable of entering into binding contracts; and

(B) you are a resident of Brazil.

How the contract is concluded by you

1. Your order is a proposal addressed to us for the purchase of Product(s) from our Online Store. After placing an order, you will receive an email confirming that we have received your order ("Your order has been successfully received") and containing an Order Reference Number and the details of the Product(s) you have ordered. Please note that the Order Receipt is an acknowledgment that we have received your order and does not mean that your order has been accepted by us. All orders are subject to confirmation. We will only confirm the purchase (and conclude the purchase and sale contract) when we send an email confirming payment for the order ("Your payment has been approved"). We may refuse your order:

(a) when the product is not available and you do not accept a similar one of the same price. In this case, you may also, alternatively and at your discretion, opt for a refund of the amount;

(b) when payment is not recognized/authorized;

(c) if there is an error in the price or description of the product (see PRICE AND PAYMENT below); or

(d) if you do not meet the eligibility criteria set out in YOUR STATUS above.

2. The purchase and sale contract ("Contract") will only be concluded when we send you the payment approval confirmation. The parties to the Contract are you and Forta Tech, as provided in the INFORMATION ABOUT US above.

3. The Contract will only relate to Products whose shipment has been confirmed in the Shipping Confirmation.

Right of withdrawal

1. You may cancel the purchase and terminate the Contract at any time, within a maximum period of 07 (seven) calendar days, starting from the day after the receipt of the Product(s).

2. In case of withdrawal, it is your responsibility to properly care for the Product(s). The Product(s) must be in the best possible condition and with their original and undamaged packaging, together with all manuals, accessories, free items and other components. In this case, you will receive a full refund of the price paid for the Products, in accordance with the RETURN POLICY below.

3. By contacting us via chat, email or phone, you will be informed about the details of returning the Product(s). You have a legal obligation to take proper care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may refuse to terminate the Contract or bring an action against you for damages.

Availability and delivery

1. We can deliver anywhere within our coverage area, which will be confirmed when you enter your ZIP code on the Shopping Cart page and in the Delivery Address.

2. Payments by bank slip at any bank branch in the country or via Internet Banking may take, on average, up to 3 (three) business days to be confirmed. After payment confirmation by your preferred bank, your order will be released. Bank slips that are not paid within 2 (two) business days will be automatically canceled.

3. Deliveries will take place from Monday to Friday, during business hours, and may occur until 9 pm, except holidays.

4. Deliveries of small to medium-sized products (such as scanners, injector nozzle cleaning, battery testers...) will be made at the concierge of buildings, at the customer's home entrance or at the buyer's commercial establishments according to the official addresses contained in the CNPJ card. Deliveries of large products (lifts, wheel balancers, tire changers) at the buyer's commercial establishments according to the official addresses contained in the CNPJ card. For lifts, the customer must hire a crane or have instruments that can support its unloading.

5. Do not accept delivery if the outer packaging is damaged.

6. Receipt may be made by concierges and secretaries, family members or any person found at the informed address, upon signing the delivery receipt and presenting identification document.

7. If the recipient is not found or it is not possible to leave the merchandise at the location with another person, two more attempts will be made. In case of failure on the first attempt due to incorrect address or on the third attempt due to absence of a person at the location, the merchandise will return to the warehouse and the order will be canceled.

8. Check the Invoice and the Products contained in the package at the time of delivery and preserve them, as they will be necessary to make a possible return.

9. If you have not received the Product(s) within the estimated delivery time specified in the “Your delivery has started” notice, you must contact us through our Online Store, via chat, email or by calling Customer Service.

10. Delivery of the Product(s) normally does not include installation, unless we expressly specify otherwise at the time of ordering in our Online Store.

Risk and title

1. The Products will be your responsibility from the moment of delivery.

2. Ownership of the Products will only pass to you upon delivery.

Price and payment

1. The price of the Products will be that announced in the shopping cart, at the time of order confirmation, except in cases of obvious error. The prices of the Products include taxes according to current rules. The price quoted in our Online Store for the Products excludes delivery fees, which are quoted separately in our Online Store after entering the delivery address ZIP code.

2. Product prices and delivery fees may be changed at any time, but changes will not affect orders for which we have already sent a Shipping Confirmation.

3. Our Online Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in our Online Store may undergo changes. We will normally verify prices as part of our shipping procedures, so the price presented at the time of order closing will apply. The product price and the total final purchase value, including the delivery fee, must be checked by you before closing the order.

4. Payment for your Products can be made by credit card. Please fill in your details and credit card number correctly. Occasionally we will contact you to confirm your details and your order.

5. The order is subject to an internal security analysis with a period of up to 48 business hours for payment approval.

Return policy

1. If you wish to return a Product, please access the link https://www.fortatech.com.br/trocas-e-devolucoes or contact us through our Customer Service Channels where you will be informed about the procedures for returning the product.

2. If you are exercising your right of withdrawal, returning a product within 07 (seven) calendar days from the day of receipt of the Product(s), we will process the due refund after receiving and verifying the Product. The value of your order will be fully refunded. Returns of small items may occasionally occur through a Post Office branch of your preference, while large items will be collected by a carrier. All instructions will be informed by email. If the product is not returned within the period informed by email, the return process will be canceled. The shipping cost is borne by the customer.

3. At the time of receipt of the Product(s), only a total refusal of the order is allowed, and partial refusal is not possible if you have purchased more than one product in the same order. If you do not wish to receive one or more Products, all items contained in the box must return to the warehouse for return.

3.1. When refusing to receive the product delivery, the consumer must inform the reason and date of refusal on the document delivered by the carrier, in addition to signing the document.

4. If you believe that a Product you have received has a defect, you must contact Forta Tech through Technical Support. You will be informed about the appropriate measures to be taken. If the eventual defect is reported after 07 (seven) calendar days of Product delivery, you must contact Customer Service Channels for assistance with warranty procedures and technical assistance accredited by Forta Tech.

5. When returning a Product or order with more products, we recommend that you obtain and keep proof of postage. In all cases, we reserve the right to inspect the Product and verify the alleged fault. For a return or refund, the Product must be in "as new" condition and, if possible, with the original packaging. We reserve the right to refuse a refund or return if the returned Product is damaged.

6. We inform you that we will process the refund using the same method originally used at the time of purchase. If your purchase was made by credit card, we emphasize that card operators' deadlines may be up to two subsequent invoices to the month of the chargeback request to make the credit, according to your invoice closing date.

7. We will not cover defects caused by misuse, negligence, physical damage, tampering, incorrect adjustment and other causes informed in the Warranty Term and instruction manual that accompany the products. The products sold on our website are intended for personal use only and the rights and guarantees provided in the Contract and/or in these Terms and Conditions do not apply to Products that, although originally purchased through our Online Store, have been resold. We also will not cover defects or damages resulting from incorrect installation in your home or uninstalling not in accordance with the product's instruction and installation manual. Please do not remove the product serial number.

8. This Return Policy does not affect your legal rights.

Product warranty

1. All products purchased from our Online Store are covered by the Forta Tech Warranty.

The purchased equipment is guaranteed under the terms of our warranty certificate against proven manufacturing or material defects for a period of 12 (twelve) months, counted from the issuance of the Invoice by Forta Tech Comércio de Equipamentos Automotivos Ltda. The warranty includes the replacement or repair at our facilities in Gaspar (SC) of parts that show defects during the mentioned period, provided that it has been proven by Forta Tech's Technical Department that the equipment was operated properly and the defect was solely and exclusively due to manufacturing failures. The warranty does not include the replacement of parts subject to natural wear, such as: fuses, filters, buttons, screens, paints, hoses, etc. In addition, procedures such as calibration, balance adjustments, etc., are not covered by the warranty.

The warranty loses its effect when:

• The equipment is installed, repaired by personnel not accredited by Forta Tech;

• Any of the equipment's components or technical characteristics are replaced or altered without prior authorization from Forta Tech's Technical Department;

• The equipment is operated improperly, outside the technical specifications provided by Forta Tech or in precarious installations, not in accordance with the manual/installation rules;

• The electricity supply and grounding conditions are inadequate;

• The equipment's identification plate or internal components are altered or removed;

• Damages result from transport, fall, fire, flood or other force majeure;

• If the damage occurs before the approval, by Forta Tech's Technical Department, of the Damage/Technical Report duly completed by our Authorized Representative;

• Forta Tech's Technical Department finds divergent data in the report's completion.

The obligations arising from the warranty will be fulfilled by Forta Tech Comércio de Equipamentos Automotivos Ltda. at its facilities in Gaspar (SC), with all transport, insurance, packaging or other expenses of any nature, including tax expenses, being borne by the warranty beneficiary. Forta Tech may choose to suggest other Authorized Technical Assistance points for the service to be performed. It may also offer technicians for "in-loco" maintenance, if available. The cost of the hour/technical visit will be borne by the beneficiary.

As a suggestion for good practices, contact Forta Tech's technical department immediately at any symptom of a problem with the product.

Notices

1. Formal notices related to sales matters should be sent to the address: vendas.tech@grupoforta.com.br

2. Formal notices related to after-sales matters should be sent to the address: pós-vendas.tech@grupoforta.com.br

3. We may give prior notice, either to the email or postal address you provide us when placing an order, or by any other means of contact informed. Proving the sending of any notice will be sufficient to prove, in the case of a letter, that such letter was duly addressed, stamped and placed in the mail and, in the case of an email, that such email was sent to the recipient's specified email address.

Transfer of rights and obligations

1. The Contract between you and us is binding on you and us and our respective successors and assigns.

2. You may not transfer, assign, encumber or otherwise dispose of the Contract, or any of your rights or obligations arising therefrom, without our prior written consent.

3. We may transfer, assign, encumber, subcontract or otherwise dispose of the Contract, or any of our rights or obligations arising therefrom, at any time during the term of the contract.

Events outside our control

1. We will not be liable for any failure to fulfill, or delay in fulfilling, any of our obligations that are caused by events beyond our reasonable control ("Force Majeure Event/Act of God").

2. A Force Majeure Event/Act of God includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

(a) strikes, lockouts or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, precipitation, epidemic or other natural disaster;

(d) impossibility of using railways, vessels, aircraft, motor transport or other means of public or private transport;

(e) impossibility of using public or private telecommunications networks;

(f) acts, decrees, legislation, regulations or restrictions of any government; and

(g) pandemic or epidemic.

3. Our performance under the Contract and these Terms and Conditions shall be deemed suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract and/or the Terms and Conditions may be performed despite the Force Majeure Event.

Waiver

1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Our right to vary these terms and conditions

1. We reserve the right to revise and amend these Terms and Conditions from time to time by posting them on our Online Store.

2. You will be subject to the policies, terms and conditions in force at the time that you order Products from us, unless any change to those policies, terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies, terms and conditions before we send you the “Your payment has been approved” notice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 07 (seven) days of your receipt of the Products).

Our Online Store

1. We are the owner or the licensed user of all intellectual property rights in our Online Store and in all the material and content on our Online Store. You may use the Online Store and the materials and content only for your personal, non-commercial use. Any other use or reproduction, even if partial, of our Online Store or materials and content from our Online Store is strictly prohibited.

2. Our Online Store is provided on an "as is" and "as available" basis. We make no warranty that access to our Online Store will be uninterrupted, timely or error-free or that our Online Store or the server that makes it available are free of viruses or bugs.

3. While we endeavor to ensure that our Online Store is normally available 24 hours a day, we shall not be liable if for any reason our Online Store is unavailable at any time or for any period. Access to our Online Store may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for a Force Majeure Event.

Data protection and privacy

Your data protection and privacy rights are set out in the Online Store Privacy Notice and Forta Tech Privacy Policy. You should understand that by ordering any of our Products, you accept these Terms and Conditions, as well as the Online Store Privacy Notice and our Privacy Policy.

Governing law

Contracts for the purchase of Products through our Online Store and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) or, furthermore, with these Terms and Conditions, will be governed by Brazilian law. Any dispute or claim arising out of or in connection with these Contracts or their formation (including non-contractual disputes or claims) or with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Brazil.

Entire agreement

We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure to request that any variations of these Terms and Conditions are confirmed in writing.

(Version updated on July 10, 2023)