Motriza Terms and Conditions - Crane Services
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Service Terms and Conditions

Comprehensive contract for the provision of specialized industrial lifting services. Know in detail the conditions, rights and obligations that regulate our commercial relationship.

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1 Definitions and Scope 2 Service Provision 3 Technical Aspects 4 Economic Aspects 5 Warranties 6 Intellectual Property 7 Duration and Termination 8 Various Provisions A Technical Annex A B Technical Annex B

FIRST CLAUSE: DEFINITIONS AND SCOPE

Specialized Services Provision Contract

1.1 Operational Definitions

For purposes of this contract, the following shall be understood as:

"Client": Individual or legal entity requesting MOTRIZA's services
"MOTRIZA": Provider of specialized services in industrial cranes and certification
"Services": Set of activities described in the specific MOTRIZA quotation
"MOTRIZA Equipment": Machinery, tools and devices provided by MOTRIZA
"MOTRIZA Personnel": MOTRIZA's employees, operators, technicians and engineers assigned
"Site": Physical location where MOTRIZA provides contracted services
"Project": Organized set of activities to achieve specific contracted objectives
"MOTRIZA Quotation": Document describing services, costs and specific conditions
"Purchase Order": Client document that formally authorizes MOTRIZA's services
"Time Control": Official document recording effective service hours of MOTRIZA

1.2 Contract Scope

This contract specifically regulates:

Commercial relationship between Client and MOTRIZA
Technical and operational conditions for specialized service provision
Specific rights and obligations of each party in the industrial context
Mechanisms for resolving technical and commercial disputes
Aspects of safety, quality and applicable regulatory compliance

1.3 Documents Comprising the Contract

Form an integral part of this MOTRIZA contract:

Specific Quotation

Document signed by both parties

Purchase Order

Formally issued by the Client

Technical Plans

Technical specifications and process diagrams

Safety Plan

Specifically developed for the project

Technical Annexes

Referenced and approved by both parties

Official Communications

Exchanged during execution

SECOND CLAUSE: SERVICE PROVISION CONDITIONS

Contractual Obligations and Requirements

2.1 Client's Previous Requirements

The Client is specifically obligated to:

Technical Information

Provide MOTRIZA with truthful, complete and updated technical information

Authorized Personnel

Designate in writing authorized personnel for coordination with MOTRIZA

Site Preparation

Prepare the site according to technical specifications provided by MOTRIZA

Permits and Authorizations

Obtain all necessary permits, authorizations and licenses for execution

2.2 Client's Specific Obligations

2.2.1 Technical Site Preparation

✓ Terrain compacted to 95% minimum according to MOTRIZA specifications
✓ Leveling with tolerance of ±0.5% in equipment operation areas
✓ Completely free of obstacles, underground and overhead elements that may interfere
✓ Adequate and visible signage of work areas, routes and exclusion zones
✓ Sufficient lighting for night work if contemplated in the project
✓ Effective traffic control and safe access to work area

2.2.2 Technical Information Required by MOTRIZA

AutoCAD Plans

Updated with all relevant specifications

Centers of Gravity

Accurate certifications of all loads to be handled

Certified Weights

By manufacturer or authorized expert with defined error margins

Exact Dimensions

With specific tolerances for each element

2.3 MOTRIZA Obligations

2.3.1 Delivery of Specialized Services

Strictly comply with technical specifications of MOTRIZA quotation
Provide equipment in optimal operational and certification conditions
Assign certified, trained personnel with proven experience
Execute services with quality standards defined by MOTRIZA

2.3.2 MOTRIZA Certifications and Warranties

Capacity Certificates

Valid for all equipment used

Resumes

Complete of key personnel assigned to the project

Insurance Policies

Updated and adequate coverages for the risk

Regulatory Compliance

All applicable regulations (NOM-029, ISO, etc.)

THIRD CLAUSE: TECHNICAL AND OPERATIONAL ASPECTS

MOTRIZA Specifications and Procedures

3.1 MOTRIZA Technical Specifications

3.1.1 MOTRIZA Equipment

NOM-029 Certification

All equipment has valid and documented NOM-029 certification

Preventive Maintenance

Updated according to manufacturer and MOTRIZA programs

Certified Capacities

According to manufacturer's official tables with safety margins

3.1.2 MOTRIZA Personnel

100% Certified

Valid certifications specific to their functions

+5 Years Experience

Minimum verifiable experience in similar functions

Specific Training

Training in safety specific to the project

Updated Exams

Medical and drug tests according to regulations

3.2 MOTRIZA Operational Procedures

3.2.1 Contractual Schedules and Shifts

Regular Shift

Monday to Friday from 8:00 to 18:00 hours

10.0 minimum billable hours
Saturday Shift

Saturday from 8:00 to 13:00 hours

5.0 minimum billable hours
Sunday/Holiday Shift

Only under specific request and authorization

5.0 minimum billable hours
Overtime Hours

After 10 daily hours or 8 Saturday hours

+50% surcharge

3.2.2 MOTRIZA Time Accounting

Includes
• Inspection, registration and paperwork • Induction, assembly and disassembly • Complete equipment installation • Time from presentation at gate
Excludes
• Failures attributable to MOTRIZA • Time lost due to documented failures • Periods of unauthorized inactivity

3.3 MOTRIZA Safety Protocols

3.3.1 MOTRIZA Risk Assessment

Risk Analysis

Specific developed for each project

Hazard Identification

Systematic with implemented control measures

Emergency Plan

Adapted to specific site conditions

Safe Procedures

Developed by MOTRIZA engineering

3.3.2 MOTRIZA Personal Protective Equipment

Certified safety helmet
Protective glasses
Steel-toed shoes
Complete safety harness
Specific protective gloves
High-visibility clothing

FOURTH CLAUSE: ECONOMIC AND FINANCIAL ASPECTS

Cost Structure and Payment Terms

4.1 MOTRIZA Cost Structure

4.1.1 Inclusions in MOTRIZA Price

Inclusions
Valid capacity certificate of our equipment
Standard ordinary lifting accessories included
Technical support for assembly processes by MOTRIZA
Salary, per diems, legal benefits of our on-site personnel
Complete safety uniform: helmet, glasses, steel-toed shoes, harness
Exclusions
Special load and lifting accessories not specified
Supply of extinguisher and spill kit for platforms
Fuels, lubricants and general consumables
Operator included only when specifically quoted

4.2 MOTRIZA Payment Terms

4.2.1 General Payment Conditions

Required Advance

100% payment against purchase order and signed budget

Payment Term

30 calendar days from invoice receipt

Currency

Mexican Pesos (MXN)

Control Authorization

Designate authorized persons for signing time controls

4.2.2 Penalties for Payment Delays

1-15 days
2% on overdue balance
16-30 days
5% on overdue balance
More than 30 days
Service suspension and legal procedure

FIFTH CLAUSE: WARRANTIES AND RESPONSIBILITIES

Contractual Commitments and Limits

5.1 MOTRIZA Warranties

Technical Quality Warranty

Equipment in optimal certified operating conditions
Specially trained and certified personnel
Strict compliance with technical specifications

Contractual Results Warranty

Compliance with established schedule deadlines
Achievement of defined technical objectives
Resolution of identified non-conformities

5.2 MOTRIZA Responsibilities

5.2.1 Attributable Damages and Losses

Responsibility for damages caused by proven negligence of MOTRIZA
Repair or replacement of equipment damaged by misuse attributable to MOTRIZA
Compensation for injuries to MOTRIZA's own personnel

5.2.2 MOTRIZA Responsibility Limits

Maximum Responsibility

Equivalent to total value of specific contract

Exclusion of Indirect Damages

No responsibility for indirect or consequential damages

Incorrect Information

No responsibility for Client's erroneous information

SIXTH CLAUSE: INTELLECTUAL PROPERTY AND CONFIDENTIALITY

Property Rights and Information Protection

6.1 MOTRIZA Intellectual Property

MOTRIZA Exclusive Rights

Methods and procedures developed over 40 years of experience
Software, systems and applications developed internally by MOTRIZA
Manuals, training materials and proprietary technical documentation

Client Rights

Plans, designs and specifications provided by Client
Proprietary technical information of Client's processes
Trademarks, patents and intellectual property of Client's products

6.2 Contractual Confidentiality

Confidentiality Obligation

Both parties are obligated to maintain strict confidentiality of information marked as such

Obligation Duration

5 years after contract termination

Protection Measures

Specific agreements, secure systems and strict access control

SEVENTH CLAUSE: DURATION, MODIFICATION AND TERMINATION

Contract Validity and Termination

7.1 MOTRIZA Contract Duration

Specific Validity

According to term established in MOTRIZA quotation

Automatic Renewal

For equal periods if no termination notice

Extensions

By mutual agreement formalized in writing

7.2 Termination Causes

Due to Contractual Non-compliance

Payment non-compliance for more than 30 days
Proven serious violation of safety regulations
Bankruptcy, commercial insolvency or dissolution

By Mutual Convenience

Written agreement between the parties
Changes making continuation unfeasible
Reasons of force majeure duly demonstrated

EIGHTH CLAUSE: VARIOUS PROVISIONS

Final Aspects of Contract

Notifications and Communications

All notifications must be in writing to addresses designated in specific annex

Applicable Law and Jurisdiction

Current Mexican federal legislation. Courts of Torreón, Coahuila, Mexico

Contract Integrity

Constitutes the complete agreement between the parties. Modifications only valid in writing and signed

Assignment of Rights

Prohibited without written authorization. MOTRIZA may subcontract maintaining responsibility

ANNEX A: SPECIFIC QUOTATION TERMS

Detailed Technical Conditions

Site Preparation by Client

The client is obligated to ensure the work area is completely ready for receiving our equipment. It will also be the client's responsibility to provide access and clear any obstacles for free transit of equipment and compaction (95%), stability and leveling (+/- 0.5%) for correct operation and transit.

Required Technical Information

The client must provide MOTRIZA with absolutely all engineering in AutoCAD: Plot Plan, elevations, details of structures and equipment to be lifted or lowered, including their centers of gravity and details of lifting lugs and/or trunnions, which will be treated confidentially.

Permits and Authorizations

The client will be responsible for obtaining all work permits, clearances and removal of cables, ducts, pipes, racks, fire hydrants, as well as overhead and underground installations that interfere with normal equipment performance.

Designated Responsible

The client will assign a responsible person in the area who will indicate elements to be mounted, their order and position, and will be the one signing the time control(s) presented by the operator for billing purposes.

Insurance of Manipulated Objects

Manipulated objects may be insured by MOTRIZA, upon client indication, which must be confirmed in writing before starting activities. In case the client assumes insurance under their responsibility, from that moment MOTRIZA is exempt from all responsibility.

ANNEX B: SPECIFIC OPERATIONAL CONDITIONS

Detailed Operational Procedures

Preventive Maintenance

For maintenance to be performed on time, the client must notify the hour meter weekly. In case of any failure caused by non-compliance with notification, MOTRIZA will not be responsible for maintenance costs.

Time Accounting

Will begin from equipment presentation at access gate until removal. All inspection, registration, verification, paperwork, induction, assembly, disassembly, equipment installation time, etc., is counted time.

Client Technical Information

Weights and dimensions of objects to be manipulated will be provided by the client, who is solely responsible for this information being completely truthful. Any variation will incur additional cost to budgeted service.

Lost Time

The only reason to stop counting time is due to possible equipment failure or breakdown. MOTRIZA will not be responsible for lost time caused by adverse weather conditions, strikes or any other force majeure cause.

Subleasing

Equipment cannot be subleased or lent to another company. For service extension, at least 5 business days notice must be given before termination of budget and assigned purchase order.

MOTRIZA

Authorized Legal Representative

CLIENT

Authorized Legal Representative

Effective date:

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