Customer is responsible for all terms and conditions of this Agreement, including the front and back of this page. Rentals will be invoiced on a 28 day cycle.
Contract includes each piece of equipment described above and all attachments, accessories, replacement parts and safety items, whether installed by or at the expense of Cleveland Brothers (Owner) or
Customer, and all proceeds thereof.
Customer shall maintain Equipment in accordance with machine operating and maintenance guide. Customer shall pay for all repairs due to fault of Customer, maintain unit in proper condition, providing
fuel, oil, filters, lube, ground engaging tools, anti-freeze, replace broken glass, make adjustments for damaged tires, make adjustments for pre-mature undercarriage wear, and all other repairs beyond the
normal wear and tear determined by the Owner. Customer has read and agrees to the undercarriage/tire excessive wear and damage agreement – please see Owner’s web-site, www.clevelandbrothers.com.
Customer is responsible for all transportation costs, assembly, and disassembly.
Unless Customer provides Owner with a certificate of insurance or other evidence acceptable to Owner of the insurance coverage required by Owner, Customer shall pay Owner for a Loss Damage Waiver
(LDW) at the rate indicated on the front of the contract. LDW is subject to the terms and conditions of Owner’s commercial inland marine insurance. Even if Customer pays for the LDW, Customer will be
responsible to pay for all damage not covered by the LDW and CUSTOMER WILL BE RESPONSIBLE TO PAY FOR ANY DAMAGE UP TO THE AMOUNT OF THE LDW DEDUCTIBLE. See Cleveland Brothers website,
www.clevelandbrothers.com, for Loss Damage Waiver Terms & Conditions. If Customer damages Unit, resulting in significant down time (longer than 1 month), Customer will continue to be invoiced for
rental.
CUSTOMER SHALL NOT USE EQUIPMENT AT A JOB SITE OR OTHER SITE AT WHICH HAZARDOUS SUBSTANCES ARE PRESENT, UNLESS OWNER IS NOTIFIED. IN THE EVENT THAT CUSTOMER USES ANY
EQUIPMENT AT A JOB SITE WHICH HAZARDOUS SUBSTANCES ARE PRESENT, CUSTOMER SHALL CERTIFY THAT THE EQUIPMENT IS RETURNED TO OWNER IN A CLEAN AND UNCONTAMINATED CONDITION.
An environmental fee will be added ($20 – construction, 1% of rental – engine) for each piece of equipment rented. Refueling fee is currently 7.50 per gallon, however, may change without notice based on
Owner’s standard rate. Lost key charge is $10.00.
Customer must call to terminate rental – a release number will be issued. Customer is responsible for released equipment until it is returned to or picked up by Cleveland Brothers.
This machine will not be available for purchase unless a new RPO contract or sale contract is installed. Cleveland Brothers reserves the right to swap this machine with a like kind unit without notice.
OWNER DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. No agent, employee or representative of Owner has any
authority to bind Owner to any warranty concerning any Equipment transferred under this section. Customer acknowledges that Owner is not the manufacturer of the Equipment.
Standard Demonstration terms are two days or 10 hours use. Any hours used during a demonstration beyond 10 hours will result in an hourly or daily charge at book rental rates.
Equipment may be rented daily (a day is 24 hours, or any portion thereof), weekly (a week is 7 calendar days from the Delivery Date), or 4 week period, and may be operated for a corresponding number of
hours (Allocated Hours). Equipment rented daily maybe operated for up to 8 hours per day; Equipment rented weekly, up to 40 hours per week; and Equipment rented 4 week period, up to 160 hours per 4
week period. Customer shall pay Rent from the date Equipment is shipped by Owner (Start Date) to the End Date and CUSTOMER WILL PAY THE FULL RENT FOR THE PERIOD EVEN IF CUSTOMER OPERATES
ANY EQUIPMENT FOR LESS THAN THE FULL NUMBER OF ALLOCATED HOURS. Customer shall notify Owner on the date that Customer desires the rental period to terminate. Owner shall issue a release
number during its normal business hours. The date on which Customer receives such release number is referred to as the End Date. In the event that any Equipment is operated for more than its Allocated
Hours (as indicated by the Equipment’s HOUR service meter), Customer shall pay, in addition to the Rent, an hourly overtime charge equal to: (a) if rented daily, 1/8 of the daily Rent; (b) if rented weekly, 1/40
of the weekly Rent; and (c) if rented 4 week period, 1/160 of the monthly Rent.
Customer shall not make any modifications, additions, or changes in any Equipment except with Owner’s written consent. Owner shall perform any and all repairs to Equipment. Customer shall pay for all
repairs to Equipment at Owner’s prevailing rates unless repairs are necessitated by normal wear and tear as determined by Owner.
Customer shall immediately notify OWMN of all mechanical failures, damage to Equipment and other conditions requiring repair. FAILURE TO NOTIFY OWNER OF THESE CONDITIONS WILL OBLIGATE
CUSTOMER FOR ALL REPAIR COSTS INCLUDING WEAR AND TEAR.
Customer shall obtain and maintain property insurance, insuring all Equipment against “all risk,” for an amount not less than the replacement cost of all Equipment, and commercial general liability insurance
in amounts satisfactory to Owner, naming Owner, its successors and/or assigns additional insured and loss payee at its interest may appear, and requiring 30 days notice to Owner of any cancellation, nonrenewal, or material change in coverage. All insurance policies shall be with carriers acceptable to Owner. Customer shall comply with all terms of any insurance policy and shall notify Owner in writing
immediately upon the occurrence of any loss, theft, destruction or damage of any Equipment. WHEN RENTING LICENSED VEHICLES, CUSTOMER SHALL NAME OWNER AS ADDITIONAL INSURED UNDER
CUSTOMER’S AUTOMOBILE LIABILITY INSURANCE AND LOSS PAYEE UNDER THE CUSTOMER’S AUTOMOBILE PHYSICAL DAMAGE INSURANCE FOR RENTED VEHICLES AND CERTIFICATE WILL BE PROVIDED TO
OWNER.
Customer assumes all responsibility for the selection of the Equipment as appropriate to achieve the results intended by Customer. ALL EQUIPMENT SHALL BE RENTED BY CUSTOMER “AS IS.”
Owner’s sole liability and Customer’s sole remedies in any cause of action based on contract, tort or otherwise in connection with the Equipment, shall be: (i) if EQUIPMENT is not operational during any rental
period for more than 24 hours, to issue a credit, prorated on an hourly basis based on the applicable rental rate, to Customer for any time during a rental period that EQUIPMENT is not operational, provided
that OWNER is timely notified that such EQUIPMENT is not operational; (ii) replace EQUIPMENT with similar EQUIPMENT, subject to availability; or (iii) terminate the rental of SUCH EQUIPMENT. In no event
shall OWNER be liable to Customer or any third party for any claims, losses or damages arising from or related to this Agreement or the rental of EQUIPMENT. OWNER shall not be liable for any special,
indirect, consequential, punitive or incidental damages (including without limitation lost profits, loss of goodwill and business interruption) arising out of or related to this Agreement or the rental of
EQUIPMENT. Customer waives and releases OWNER from all other claims and damages arising out of any inability to operate any EQUIPMENT (including compensatory, anticipatory, consequential, exemplary
and punitive damages) and all claims and damages sounding in tort.
Customer shall provide a skilled, or if required by law or regulation, licensed and/or certified operator for the Equipment, who shall be an employee of Customer or, if Customer is an individual, may be
Customer (Customer shall be solely responsible for all wages, taxes, insurance, and benefits related to Customer’s employment of operators);
Customer shall indemnify, defend and hold Owner and its successors and assigns, and their shareholders, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”)
harmless against loss, claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of, in connection with, or resulting from: (i) the use or possession of Equipment by Customer; (ii)
personal injuries and property damage whether caused by Customer, Owner or third parties, including, without limited to personal injuries to Owner’s employees resulting from exposure to hazardous
substances; (iii) Customer’s negligence, gross negligence or willful misconduct, (iv) product defect (including latent defect) and product liability, (v) employees or their legal representatives, spouses, parents,
dependents, next of kin and anyone otherwise entitled to receive damages for the injury or death of an employee of Customer, in accordance with Section 481(b) of the Pennsylvania Workmen’s
Compensation Act; (vi) any breach of any representation or warranty made by Customer in this Agreement or in any other agreement between Owner and Customer or any applicable term or condition
indicated on the Web Site; (vii) the breach by Customer of any covenant or agreement of Customer contained in this Agreement or in any other agreement between Owner and Customer; and/or (viii) the
enforcement of this Section; and Customer shall reimburse Owner for any legal or other expenses reasonably incurred by it, when incurred, in connection with investigating or defending any such claims,
demands, causes of action, fines, penalties, judgments, appeals, settlements, losses, liabilities or obligations. Customer shall provide Owner with prompt notice of any proceeding involving this indemnity and
with any documents related to such proceedings.
Customer shall not: (i) assign, encumber, sublet, or otherwise transfer any Equipment; (ii) assign or delegate any of its obligations under this Agreement; or (iii) lend or otherwise permit any Equipment to be
used by anyone other than Customer or its employees. Location of Equipment: Customer is not to part with Possession of the Equipment, either voluntarily or involuntarily, or remove from the original jobsite location as stated on front page or assign any right hereunder without the prior consent of the Owner.
No credit shall be issued and Customer shall be solely responsible for Customer’s inability to operate any Equipment caused by any act or omission of any nature, including, but not limited to, fire or other
casualty, delay in transportation of materials, weather conditions, delay in governmental approvals, labor disputes or any other cause beyond Customer’s control.
Owner shall have the right to inspect any Equipment at any time and, if necessary, Customer shall provide Owner with access to any Job Site for such purpose.
Customer shall provide additional safety guards or devices not included with any Equipment, which may be required by federal or state law, and any rule or regulation.
Customer assumes and shall bear the risk of loss of and damage to Equipment from any cause whatsoever (including, without limitation, theft), regardless of whether the risk is insured, from the moment that
Equipment is delivered to a common carrier at Owner’s location and Customer shall bear the risk of loss until Equipment is redelivered to Owner’s location, notwithstanding that the End Date may occur prior
to the date Equipment is redelivered to Owner’s location.
Equipment shall be returned to Owner full of fuel, in clean condition, and free of hazardous substances, with all attachments, accessories, replacement parts, and safety items, except for ordinary wear and
tear from normal use and operation, as determined by Owner. If Equipment is not returned in such condition, Customer shall pay all costs for repairing, refueling and/or cleaning the Equipment.
If Customer has been approved for credit by Owner, Owner shall invoice Customer for all Rent and other charges in arrears. Payment shall be due upon Customer’s receipt of Owner’s invoice. If Customer has
not been approved for credit by Owner, Customer shall pay the entire estimated Rent, Security Deposit, and all other charges in cash prior to delivery of Equipment. Customer shall pay interest at 3% per
month on any amount due under this Agreement and unpaid from the date such amount is due until the date it is paid. Payment Terms: Due the last day of the rental period. Subject to Credit Approval
This Agreement shall be effective on the Contract Date and shall continue until all Equipment is returned to Owner or it is terminated in accordance with this section. Owner may terminate this Agreement,
for any reason or for no reason, by delivering written notice to the other party ten (10) days prior to such termination; provided, that if such termination is as a result of the breach of Customer, such
termination shall be effective immediately. Customer’s obligations shall survive termination of this Agreement and the return of all Equipment.
Title to Equipment shall remain in Owner at all times. Customer shall, at its own expense, protect and defend Owner’s title against all liens, claims and encumbrances asserted by or through Customer and its
creditors. Equipment shall remain personal property and shall not become a fixture or accession to real property, regardless of any attachment to real property.
Customer’s obligation to pay Rent and other charges is absolute and unconditional, regardless of any set-off, counterclaim, defense or other right which Customer may have or claim against Owner, or any
interruption or cessation of Customer’s use or possession of any Equipment.
Default by Customer shall occur: (i) if there is any misrepresentation made by, or breach of any warranty of, Customer contained in this Agreement or any other agreement between Owner and Customer; (ii)
upon the breach by Customer of any covenant or agreement of Customer contained in this Agreement or any applicable term or condition indicated on the Web Site; (iii) if bankruptcy, insolvency,
receivership, liquidation or dissolution proceedings are instituted by or against Customer, Customer makes any assignment for the benefit of creditors, Customer is unable to pay its obligations as they become
due, or Owner, in good faith, believes that the prospect of payment of Rent or other charges due under this Agreement is impaired or Owner deems itself insecure; or (iv) if any Equipment is seized under legal
process or becomes subject to a lien, claim or encumbrance asserted by or through Customer or any of its creditors. (b) Upon a Default by Customer, Owner, at its discretion, may take one or more of the
following actions: (i) terminate this Agreement; or (ii) exercise any and all remedies available at law or in equity, including, without limitation those described on the Web Site (www.clevelandbrothers.com).
Customer shall reimburse Owner for all costs, including reasonable attorneys’ fees, incurred by Owner as a result of any Default by Customer or otherwise enforcing this Agreement. In any proceeding by
Owner to recover possession of Equipment, Owner shall not be required to post a bond or other security or undertaking, and Customer hereby waives any right to require, and any requirement for, any such
bond or other security or undertaking.
The undersigned represents (i) that he or she is an officer, employee, agent or representative of Customer, authorized to enter this Agreement on behalf of Customer, (ii) that Customer has the requisite
company, corporate, or partnership power and authority to enter into and perform its obligations under this Agreement, and (iii) the execution and delivery of this Agreement, and performance of Customer’s
obligations hereunder, have been authorized by all necessary company, corporate, or partnership action and constitute valid and binding obligations of Customer, enforceable in accordance with their terms.
All notices hereunder shall be in writing; delivered by electronic mail, facsimile, commercial overnight or same-day delivery service with all delivery costs paid by sender, or by registered or certified mail with
postage prepaid, return receipt requested; and addressed to Customer or Owner at its respective address indicated on the Front.
No provision of this Agreement and no right or obligation of either party under this Agreement may be waived except by an instrument in writing signed by the waiving party. No waiver of any default,
remedy or course of conduct shall operate as a waiver of any other prior or subsequent default, whether of the same or a different nature. This Agreement shall be governed by the laws of Pennsylvania.
Customer agrees that any claims made by Customer shall be filed in the Court of Common Pleas of Dauphin County, PA or the U.S. District Court for the Middle District of Pennsylvania, which Courts shall have
nonexclusive jurisdiction of all such claims. Customer shall not assert that either of such Courts lacks personal jurisdiction over the Customer or request a transfer of venue from either of such Courts on the
basis of improper venue or inconvenience. Customer consents to the transfer to either of such Courts, at Owner’s request, of any claim, action or proceeding brought in any other court, forum or arbitral
tribunal. If any provision of this Agreement is held invalid, the remainder of this Agreement will not be invalidated or affected thereby. This writing (including the incorporated Web Site terms and conditions)
is intended by the parties as a final, complete and exclusive expression of their agreement. This Agreement may be amended only by an instrument in writing signed by Owner and Customer.
CUSTOMER HEREBY EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE TO APPEAR FOR DEBTOR AND, WITH OR WITHOUT ONE OR
MORE DECLARATIONS FILED, CONFESS A JUDGMENT OR JUDGMENTS AGAINST DEBTOR IN FAVOR OF THE HOLDER HEREOF, AS OF ANY TERM, FOR THE UNPAID BALANCE, INCLUDING LATE CHARGES, FINANCE
CHARGES, SERVICE CHARGES OR INTEREST AS WELL AS DAMAGE INVOICES AND THE SERVICE CHARGE OR LATE CHARGE OR OVERDUE RENTAL PAYMENT CHARGE BY WHATEVER NAME USED AND WHETHER
INVOICED OR NOT, TOGETHER WITH COSTS OF COLLECTION AND REASONABLE ATTORNEY’S FEES FOR COLLECTION, WITH RELEASE OF ALL ERRORS AND WITHOUT STAY OF EXECUTION, AND INQUISITION AND
EXTENSION UPON ANY LEVY OR REAL ESTATE IS HEREBY WAIVED AND CONDEMNATION AGREED TO AND THE EXEMPTION OF ALL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION THEREON AND
EXEMPTION OF WAGES FROM ATTACHMENT, ARE ALSO HEREBY EXPRESSLY WAIVED, AND NO BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR
WHICH MAY HEREAFTER BE ENACTED.
In the event this machine is equipped with Product Link, I understand data concerning this machine, its condition, and its operation is being transmitted by Product Link to Caterpillar Inc., its affiliates
(Caterpillar), and/or its dealers to better serve me and to improve upon Caterpillar products and services. The information transmitted may include: machine serial number, machine location, and operational
data, including but not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments. Caterpillar will not sell or rent collected
information to any other third party and will exercise reasonable efforts to keep the information secure. Caterpillar Inc. recognizes and respects customer privacy. I agree to allow this data to be accessed by
Caterpillar and/or its dealers.
