Common use of EQUIPMENT, PRODUCTS, OR SERVICES Clause in Contracts

EQUIPMENT, PRODUCTS, OR SERVICES. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. While Caterpillar is Vendor under the Contract, pursuant to Section 10(a) it will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Caterpillar obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar under the terms of this Contract. Rental equipment may not be current year model and may be used, having been rented by Participating Dealer’s prior customers. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

EQUIPMENT, PRODUCTS, OR SERVICES. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. VendorSupplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. While Caterpillar is Vendor under the Contract, pursuant Rev. 3/2022 1 DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B Pursuant to Section 10(a) it 10(b), Supplier will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Caterpillar Supplier obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall Supplier will be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar Supplier will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar Supplier under the terms of this Contract. Rental equipment may not All Equipment and Products provided under this Contract must be new and the current year model and may be used, having been rented by Participating Dealer’s prior customersmodel. Vendor Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in VendorSupplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

EQUIPMENT, PRODUCTS, OR SERVICES. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. VendorSupplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. While Caterpillar is Vendor under the Contract, pursuant Pursuant to Section 10(a) it 10(b), Supplier will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Caterpillar Supplier obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall Supplier will be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar Supplier will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar Supplier under the terms of this Contract. Rental equipment may not All Equipment and Products provided under this Contract must be new and the current year model and may be used, having been rented by Participating Dealer’s prior customersmodel. Vendor Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in VendorSupplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

EQUIPMENT, PRODUCTS, OR SERVICES. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. While Caterpillar is Vendor under the Contract, pursuant to Section 10(a) it will subcontract certain obligations All Equipment and Products provided under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Caterpillar obligating them to comply with the terms of this Contract will must be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar under the terms of this Contract. Rental equipment may not be new/current year model and may be used, having been rented by Participating Dealer’s prior customersmodel. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities Member in advance, Equipment or Products must be delivered as operational to the Participating EntityMember’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Warranties are those provided by the Manufacturer only. Extended warranties if any shall be separately quoted. VENDOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF VENDOR INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY IF ANY.

EQUIPMENT, PRODUCTS, OR SERVICES. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. VendorRev. 3/2022 1 DocuSign Envelope ID: 7FBA555D-2590-4D87-A3EF-7DEA989EAD85 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. While Caterpillar is Vendor under the Contract, pursuant Pursuant to Section 10(a) it 10(b), Supplier will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Caterpillar Supplier obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall Supplier will be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar Supplier will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar Supplier under the terms of this Contract. Rental equipment may not All Equipment and Products provided under this Contract must be new and the current year model and may be used, having been rented by Participating Dealer’s prior customersmodel. Vendor Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in VendorSupplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.