Commercial Invoice

Boart Longyear SAC Shipped From: No.: 14814512

No. RUC Cliente 20257364608 AV DEFENSORES DEL MORRO Customer No.: 89751
Centro de Negocios "Cronos", Av. El S/N LT A-10 Date Shipped:
Derby No. 055 - Torre 1, Of 601, Santiago FUNDO VILLA BAJA Ship Method: AIR
de Surco CHORRILLOS Invoice Date:
Lima LIMA Customer VAT No.:
Peru Peru Warehouse No.: 301
Tel. +51 1 203 4200
Page: 1 of 2
Fax. (511)252-3899
www.boartlongyear.com

Sold To: Shipped To:

IMPORTADORA Y DISTRIBUIDORA GYLAN SA IMPORTADORA Y DISTRIBUIDORA GYLAN SA
CIUDADELA EL OBRERO CALLE JAIME ROLDOS AGUILERA SN CIUDADELA EL OBRERO CALLE JAIME ROLDOS AGUILERA SN
INTERSECCION BARBASCO INTERSECCION BARBASCO
REF SITIO LA FLORIDA A 50 MTS DE LOS MOLINOS ESPINOZA REF SITIO LA FLORIDA A 50 MTS DE LOS MOLINOS ESPINOZA
PORTOVELO PORTOVELO PORTOVELO PORTOVELO
EL ORO EL ORO
Ecuador Ecuador

NUESTRA PE3213008096
EXWORKS LIMA
Customer PO No.: EMAIL IVAN ALLCA 090223 Order No.: 3213008096

Shipping Term: EXW- Payment Term: N 30 Days D.O.I

Line
Part No. Description UOM Qty Shipped Unit Price Amount in
No

1.1 250160 ROD CLR TPR 1220 22H 108X11* C EA 100 58.00 5,800.00
HS Code: 8431.43.8090
Country of Origin: CA

2.1 250362 ROD CLR TPR 1630 22H 108X11* C EA 200 69.00 13,800.00
HS Code: 8431.43.8090
Country of Origin: CA

Subtotal before tax: 19,600.00

IGV 18% 0 %: 0.00
Total USD: 19,600.00
Freight Term: Collect

All sales are subject to the Boart Longyear Standard Terms and Conditions of Sale, which will be provided to you upon request

Name: ____________________

Signature: ____________________

"CERTIFICAMOS QUE LOS PRECIOS CONSIGNADOS EN ESTA FACTURA SON VERDADEROS Y CORRECTOS

DO NOT PAY FROM THIS INVOICE

Foot Note: File Version ISO 9002: 12/2 348 V1.0 Printed on 13-Feb-2023 15:22
 Boart Longyear Standard Terms and Conditions of Sale
1. Acceptance. Purchaser acknowledges and agrees that these Boart Longyear Standard Terms and Conditions of Sale (the “Standard Terms”) are incorporated in, and are a part of, each purchase order
or other agreement relating to the provision of goods and/or related services by Boart Longyear, whether expressed in written form, by electronic data interchange or otherwise (each referred to as a
“Contract”). These Standard Terms supersede all conflicting or additional terms pre-printed on any purchase order or otherwise set forth on any release, acknowledgement, confirmation, requisition, work
order, shipping instruction, specification and similar document or communication.
2. Payment.
(a) Unless otherwise agreed in writing, payment for all goods and services shall be net 30 days from the date of Boart Longyear’s invoice without discount for early payment. Boart Longyear reserves the
right at any time to suspend credit or to change credit terms provided herein when, in Boart Longyear’s sole judgment, Purchaser’s financial condition so warrants. Purchaser shall have no right to offset
any amounts due or to become due to Boart Longyear against any claims, charges, expenses, fees or other payments of any kind whatsoever under any circumstances, including, but not limited to, any
liability which may arise due to any breach or alleged breach of any Contract or any provision thereof.
(b) If payment is overdue, Boart Longyear may charge the Purchaser interest at the prime rate, as published from time to time in the Wall Street Journal, plus 2% from the date of the default until Boart
Longyear receives payment in full. Boart Longyear may apportion any part payments made by the Purchaser against any outstanding principal or interest as it may decide.
(c) If payment is overdue under any Contract between Boart Longyear and the Purchaser, Boart Longyear may in its sole discretion: (i) suspend or cancel the delivery of goods or performance of services
in respect of any other Contract between the parties, (ii) re-allocate goods, components or parts ordered under the applicable Contract to fill other open Boart Longyear orders, and/or (iii) refuse to accept
any subsequent order from, or enter into any new Contract with, Purchaser.
(d) Boart Longyear retains a purchase money security interest under applicable law in the goods sold until payment in full has been made. In the event of default by Purchaser under the Contract, Boart
Longyear shall have all the rights and remedies of a secured creditor under the applicable law. Purchaser agrees to execute such financing statements and other documents as Boart Longyear may
request in order to perfect Boart Longyear’s security interest.
3. Taxes and Other Charges. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority,
on or measured by the transaction between Boart Longyear and Purchaser shall be paid by Purchaser in addition to the price quoted or invoiced. In the event Boart Longyear is required to pay any such
tax, fee or charge, Purchaser shall reimburse Boart Longyear therefor or, in lieu of such payment, Purchaser shall provide Boart Longyear at the time the Contract is submitted an exemption certificate or
other document acceptable to the authority imposing the tax, fee or charge.
4. Performance and Delivery. Shipment of goods will be made FOB Boart Longyear’s facility (Ex Works for international shipments) per INCOTERMS 2000. Title shall transfer upon shipment of goods.
Boart Longyear will use commercially reasonable efforts to insure on time delivery. In no event shall Purchaser be entitled to liquidated damages as a remedy for any delay in delivery by Boart Longyear
nor shall Boart Longyear be liable for any loss, damage or delay incurred by the Purchaser or its customers arising from late or non-delivery of goods. Boart Longyear reserves the right to supply an order
for goods in any number of installments. Purchaser shall pay all insurance costs associated with delivery, and Purchaser shall be responsible for filing and pursuing claims with carriers for loss or damage
in transit. The Purchaser waives any claim for shortage of any goods delivered if a claim in respect of short delivery has not been lodged with Boart Longyear within seven (7) days from the date of receipt
of goods by the Purchaser. Boart Longyear is not responsible to the Purchaser or any person claiming through the Purchaser for any loss or damage to goods in transit caused by any event of any kind
by any person (whether or not Boart Longyear is legally responsible for the person who caused or contributed to that loss or damage). Boart Longyear must provide the Purchaser with such assistance
as may be necessary to press claim on carriers so long as the Purchaser (a) has notified Boart Longyear and the carriers in writing immediately after loss or damage is discovered on receipt of goods, and
(b) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.
5. Limited Warranty.
(a) Consumables. Boart Longyear warrants for a period of one (1) year after the date of shipment of the consumable products manufactured by it, or the performance of related services, under the
Contract, that such consumable products are free from defects in materials and workmanship and such services are performed in a professional and workmanlike manner; provided, however, with respect
to consumable products purchased through an authorized Boart Longyear distributor, the warranty period shall commence on the date of purchase by the end-user.
(b) Capital Equipment. Boart Longyear warrants for a period of sixty (60) days after the date of shipment of the capital equipment manufactured by it, or the performance of related services, under the
Contract, that such capital equipment is free from defects in materials and workmanship and such services are performed in a professional and workmanlike manner.
(c) General Terms. Boart Longyear further warrants that, to the extent applicable, as of the date of shipment or performance, all goods manufactured by it and services performed shall conform to the
written specifications agreed between the parties. THIS IS BOART LONGYEAR’S ONLY WARRANTY. BOART LONGYEAR MAKES NO OTHER WARRANTY, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. As a condition to Boart Longyear’s warranty obligations, Purchaser must: (i) contact Boart Longyear and
request authorization to return any goods claimed to be defective promptly upon Purchaser’s discovery of the alleged defect, (ii) upon receipt of an approved authorization code from Boart Longyear,
return any goods claimed to be defective under the foregoing warranty, at Purchaser’s expense, to the facility designated by Boart Longyear, and (iii) with respect to consumable products purchased
through an authorized Boart Longyear distributor, the party making the warranty claim must also deliver to Boart Longyear reasonable evidence of the date of purchase. Boart Longyear shall perform its
examination of the goods so returned by Purchaser and shall report the results of its examination to Purchaser within thirty (30) days following its receipt of such goods from Purchaser, or, if longer time
is required to complete such examination, within such time as would be required through the exercise of reasonable diligence. As a further condition to Boart Longyear’s obligations hereunder for breach
of warranty, Purchaser shall offer its reasonable cooperation and assist Boart Longyear in the course of Boart Longyear’s review of any warranty claim. If requested by Purchaser, Boart Longyear will
promptly repair or replace, at Boart Longyear’s expense, goods that are confirmed to be non-conforming as a result of Boart Longyear’s examination and according to Boart Longyear’s warranty as set
forth herein. All removal and installation of goods shall be at Purchaser’s expense; provided, however, Boart Longyear will reimburse the Customer for an amount equal to the reasonable expenses
incurred by the Customer and attributable to the removal and shipment of any defective goods. Boart Longyear reserves the right to reimburse Purchaser for an amount equal to the purchase price of any
defective goods in lieu of providing repaired or replacement goods. Anything contained herein to the contrary notwithstanding, in no event shall Boart Longyear be liable for breach of warranty or
otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion or erosion; (iii) any goods, components, parts, software or services which, following delivery or performance by
Boart Longyear, has been subjected to accident, abuse, misapplication, modification, improper repair, alteration, improper installation or maintenance, neglect, or excessive operating conditions; (iv)
defects resulting from Purchaser’s specifications or designs or those of its contractors or subcontractors other than Boart Longyear; (v) defects associated with consumable parts or materials, the lifetime
of which is shorter than the warranty period set forth in this Section; (vi) defects associated with Purchaser’s specifications or designs or those of its contractors or subcontractors other than Boart
Longyear; (vii) defects resulting from the manufacture, distribution, promotion or sale of Purchaser’s own products; or (viii) accessories of any kind used by the Purchaser which are not manufactured by
or approved by Boart Longyear.
(d) Sourced Goods. If the defective parts or components are not manufactured by Boart Longyear, the guarantee of the manufacturer of those defective parts or components is accepted by the Purchaser
and is the only guarantee given to the Purchaser in respect of the defective parts or components. Boart Longyear agrees to assign to the Purchaser on request made by the Purchaser the benefit of any
warranty or entitlement to the defective parts or components that the manufacturer has granted to Boart Longyear under any contract or by implication or operation of law to the extent that the benefit of
any warranty or entitlement is assignable.
6. Indemnification. Each party shall indemnify and hold harmless the other party and its agents, employees, officers, directors, successors and assigns, from and against any and all damages, liabilities,
losses, expenses, costs or claims (including without limitation reasonable attorneys’ fees), to the extent that such claims and losses are directly caused by (a) the negligence or willful misconduct of the
indemnifying party or (b) the indemnifying party’s breach of any of its covenants, representations or warranties set forth herein.
7. Limitation on Liability. Except as provided for herein, in no event will Boart Longyear be liable for any indirect, incidental, special, consequential, punitive or similar damages including, but not limited
to, lost profits, loss of data or business interruption losses. In no event will the total, aggregate liability of Boart Longyear under the Contract exceed the value of the Contract under which liability is
claimed. The liability limitations shall apply even if Boart Longyear has been notified of the possibility or likelihood of such damages occurring and regardless of the form of action, whether in contract,
negligence, strict liability, tort, products liability or otherwise. The parties agree that these limits of liability shall survive and continue in full force and effect despite any termination or expiration of any
Contract. Any action by Purchaser against Boart Longyear must be commenced within one year after the cause of action has accrued. No employee or agent of Boart Longyear is authorized to make any
warranty other than that which is specifically set forth herein. The provisions in any specification, brochure or chart issued by Boart Longyear are descriptive only and are not warranties.
8. Intellectual Property.
(a) Marks. Purchaser shall have no right to use the corporate name of Boart Longyear, or to use any trademark, trade name, brand name or other product identification owned or used by Boart Longyear
(collectively, the “Marks”), except as necessary for the performance of Purchaser’s obligations under the Contract for the exclusive benefit of Boart Longyear or as Boart Longyear may otherwise approve
in writing. The Marks are and shall remain the property of Boart Longyear at all times, and Purchaser shall acquire no property, ownership or other interest whatsoever in the Marks by virtue of the
Contract. Unless prior written consent is given by Boart Longyear, Purchaser shall not alter any Mark in any way. Upon the expiration or other termination of the Contract for any reason whatsoever,
Purchaser shall immediately discontinue all use of the Marks, and shall immediately discontinue any and all representations, direct or implied, that it is or was a representative of Boart Longyear.
Purchaser shall not register, or cause to be registered, in any jurisdiction, any of the Marks or any other trade name, trademark, word, or symbol that is identical or similar to any of the Marks.
(b) Notification of Infringement. Purchaser shall immediately inform Boart Longyear in the event Purchaser becomes aware of any infringement of any Mark, patent, servicemark, copyright or other
intellectual property right of Boart Longyear. Purchaser shall, during the Term, assist Boart Longyear in taking such steps as Boart Longyear may deem necessary or appropriate to protect the Marks or
Boart Longyear’s patent, trademark, servicemark, copyright or other intellectual property rights. Nothing herein contained, however, shall be construed as obligating Boart Longyear to commence any
legal proceedings or take any other steps to protect the Marks or its patents, trademarks, servicemarks, copyrights or other intellectual property rights.
9. Returns and Cancellations. Goods supplied pursuant to the Contract cannot be returned without Boart Longyear’s prior written authorization. Duly authorized returns: (a) shall be sent to Boart
Longyear’s premises at the Purchaser s expense; (b) may be subject to a handling charge of twenty percent (20%) of the invoiced value of the Goods, at Boart Longyear’s discretion; and (c) must be in
the same condition as originally delivered to the Purchaser. The Purchaser may not, without the prior written consent of Boart Longyear, cancel an order, including, without limitation, any order for goods
that involve special requirements of the Purchaser, once the order has been accepted by Boart Longyear. Should Boart Longyear provide consent to cancel an order, the cancellation will be subject to a
handling charge of twenty percent (20%) of the invoiced value of the Goods.
10. Force Majeure. Failure of Boart Longyear to make any delivery (or portions thereof) when due, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of Boart
Longyear, including without limitation fire, explosion, flood, drought, war, riots, civil insurrection, sabotage, accident, embargo, governmental priority, requisition, or shortage or failure of supply of
materials or labor, or strikes or other labor trouble, shall be excused. Boart Longyear shall have no obligation or liability whatsoever arising out of or in connection with any such failure.
11. Severability. Any provision or provisions of the Contract that in any way contravenes the law of any state or country in which the Contract is effective shall, in such state or country, to the extent of such
contravention of law, be deemed separable and shall not affect any other provision of the Contract or its validity.
12. Survival. Any obligations and duties which by their nature extend beyond the expiration or termination of the Contract shall survive any expiration or termination of the Contract.
13. Waiver. Any waiver on the part of either party hereto of any right or interest shall not imply the waiver of any other right or interest, or any subsequent waiver.
14. Amendments. Any modifications to these Standard Terms, including the incorporation of additional terms, may only be made by written instrument, signed by both parties, specifically identifying and
purporting to modify these Standard Terms.
15. Governing Law. Unless otherwise provided in the Contract, these terms shall be deemed to have been executed and entered into in the State of Utah, U.S.A., and the Contract, and its formation,
operation, and performance shall be governed, construed, performed, and enforced in accordance with the substantive laws of that state without regard to its conflicts of law principles.

5510197.4 26560/105148 - Rev. 05-06-10

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