Loading...
HomeMy WebLinkAbout20- Purchase Agreement - Tractor and Equipment - 2020 4-Wheel Drive LoaderPURCHASE AGREEMENT THIS AGREEMENT is made and entered into this 18 day of August, 2020 ("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, Tractor and Equipment, P.O. Box 30158, Billings, MT 59107, hereinafter referred to as "Seller." The City and Seller may be referred to individually as "Party" and collectively as "Parties." In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in Bid Specifications for one (1) 2020 4 -Wheel Drive Loader, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller's design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller's response to the same. 3. Price: The City agrees to pay $187,054.00 (One hundred eighty-seven thousand fifty-four dollars) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 1 of 7 Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than 180 days from the date on this agreement. Delivery will occur at the City of Bozeman Vehicle Maintenance Department, 1812 N. Rouse Ave., Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City's satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City's receipt or acceptance of any part of a non -conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller's responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City's normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Egual Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts. The Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 2 of 7 6. Default/Termination/Remedies: In the event of Seller's breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City's Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller's failure or refusal to do so, repair or replace the same at Seller's expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller's option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller's repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller's recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller's receipt of City's written change order without response received by the City within 10 (ten) business days or Seller's shipment or other performance reflecting the change, whichever occurs first, shall be Seller's acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTIED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER'S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 3 of 7 of tl L L -_ •- ..I J I� ! II: • 1 �' { � + r- ,. .. ..1 r v - �'�: 'r 4� - _ _'i„ i [ _ t. i4 i4 't. 7 6 Two I I�'I �� ti I• L .i#a '' c rii;#`. �, I,' a ton t r - '� - f, (. _ ;t `_-' r'-. r. _ - I. •f i I_•J-,. r, 1, - V ;.y-". -_ T 1 - - it is � f .�. 9 �. _- . �- � P :'f., I t � 7 f l •j,� 1 _I rT .2'+ - _ Ir; .- _ I f f. r,{ f s,- •a`- , � I r _ �r' .._ 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it's agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Seller shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 4 of 7 i :r 15. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 16. Non -Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. Attorney's Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney's Office staff. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior -level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 5 of 7 * * * * END OF AGREEMENT EXCEPT FOR SIGNATURE, S * * * Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 6 of 7 IN WI'T'NESS WHERE, OI<, the parties have caused this Agreement to be executed by their duty authorized representatives the day and year first above written. CITY OF BOZEMAN By Q -Z�AZ�r (�ffelpftihefich City Manager APPROVED AS TO FORM: By Ore Sullivan, City Attorney By Prin ame• Print Title:(�. f++, cn©le—< Agreement for Purchase of New 2021 Caterpillar 938M Wheel Loader FY2020-2021 Page 7 of 7 . it .. • ., � 6 City of Bozeman, Montana Street Division Bid Specifications and Bid Form *Note: your bids must be submitted on this form.* Bid Specifications for one (1) New 2020 4 -Wheel Drive Loader The 4 -Wheel Drive Loader described herein shall be a new 2020 or newer production and shall be in first class running condition. All parts and accessories which are required to compose a complete unit shall be furnished whether herein stipulated or not. Unless otherwise noted in these specifications, all equipment cataloged as standard shall be furnished and included in the purchase price of the unit. Any changes from Standard features must be shown on the manufacturer's specification sheet that must be included in the bid. No alterations to quoted machine are allowed in order to meet any specifications. The City of Bozeman reserves the right to accept or reject any or all bids for any reason determined to be in the best interest to the City of Bozeman and its staff. Literature on machine and attachments must be included with the bid. 4 -Wheel Drive Loader brand bid must be one that the City of Bozeman has owned or had the opportunity to operate during a four day demonstration. We will not consider bids of brands we have never owned or demonstrated. Section 1 Basic Specifications One hundred ninety (190) Horsepower at eighteen hundred (1800) RPM Yes _ V No Exceptions Maximum machine height to top of ROPS/FOPS of eleven feet six inches (11'6") Yes V No Exceptions Equipped with three and eight tenths (3.8) CYD bucket with bolt on cutting edges Yes, V No Exceptions Bucket shall not exceed a width of nine feet (9') Yes _V No Exceptions Minimum bucket clearance at maximum lift, level bucket of eleven feet eleven inches (11' 11 ") Yes . No Exceptions Minimum machine bucket pin height of thirteen feet (13) Yes No Exceptions Minimum dump clearance at full lift and forty five (45) degree discharge of nine feet three inches (9- 3") Yes V No Exceptions Minimum dig depth of four inches (4") Yes V No Exceptions Minimum operating weight of thirty six thousand (36,000) pounds Yes V No Exceptions Quick coupler shall fit Caterpillar Fusion style attachments. As the city's existing attachments are adapted for this style coupler. Yes V No Exceptions Section 2 Cab and Operators Station Enclosed cab with ROPS, FOPS Yes V No Exceptions Twelve (12) volt auxiliary power port Yes V No Exceptions Windshield wipers, front and rear, front shall be intermittent Yes _� No Exceptions Heater and air conditioning Yes __� No Exceptions Front glass shall extend from cab roof to floor for visibility Yes V No Exceptions Factory installed rear view camera system Yes V No Exceptions Fabric, air suspension seat with seat belt; seat shall be adjustable forward and back Yes V No Exceptions Seat belt shall be three Inches (T) wide and retractable Yes V No Exceptions Arm and wrist rests Yes V No Exceptions With control lever to neutral, engine RPM shall change automatically to idle Yes V No Exceptions Steering console shall be adjustable including tilt and telescoping Yes V No Exceptions Door shall be hinged one hundred eighty (180) degrees, latch both open and closed Yes V No Exceptions Door shall be able to be opened and closed from driver's seat Yes V No Exceptions Joystick shall be seat mounted, operate both tilt and lift functions Yes ✓ No Exceptions Joystick shall integrate forward and reverse direction control switch Yes V No Exceptions Joystick shall have third (31d) function hydraulics Yes V No Exceptions Rear window shall have electric defroster with timer Yes V No . Exceptions Interior noise not to exceed OSHA standards Yes V No Exceptions Section 3 Chassis Counter weight shall be standard OEM Yes V No Exceptions Heavy counter weight option shall be standard OEM Yes V No Exceptions Width of loader over the tires shall not exceed eight feet 10 Inches (8' 10") Yes V No Exceptions Fuel tank shall be standard OEM Yes V No . Exceptions Backup Alarm shall be standard OEM Yes V No Exceptions Stop, front and rear turn, and brake lights shall be LED style and protected from impact Yes V No Exceptions Roading fenders shall be standard OEM Installed front and rear Yes V No Exceptions Section 4 Articulation Minimum of two (2) steering cylinders Yes V No Exceptions Section 5 Engine Six (6) cylinder inline Yes _�_ No Exceptions Manufactured by the equipment manufacturer Yes V No Exceptions Current United States EPA compliant Yes V No Exceptions Automatic idle engine shutdown Yes V No Exceptions Air-to-air after cooler Yes V No Exceptions Gear driven water pump Yes V No Exceptions Gear driven engine oil pump Yes V No Exceptions Section 6 Fuel System Standard OEM installed water separator Yes _ V No Exceptions Blo-Diesel compatible Yes No Exceptions Automatic electric fuel priming pump Yes V No Exceptions Minimum fifty (50) gallon fuel tank Yes V _ No Exceptions Section 7 Electrical One hundred and fifteen (115) amp alternator Yes V No Exceptions Fuses shall be standard OEM; NO INLINE FUSES, FUSE BUDDIES OR PIGGYBACK FUSES ALLOWED Yes V No Exceptions All accessory wiring shall be wired to a common fuse panel or power distribution center Yes V No Exceptions Section 8 Cooling System Standard OEM with recovery tank and sight glass Yes _�No Exceptions Protection to minus thirty four (-34) degrees Yes V No Exceptions Extended life coolant Yes V No Exceptions One hundred ten (110) volt coolant block heater Yes V No Exceptions ECU will derate the engine during overheating Yes V No Exceptions Section 9 Transmission Machine shall have a minimum of four (4) forward and three (3) reverse speeds Yes ✓ No Exceptions Forward/neutral/reverse switch on the implement control joy stick Yes V No Exceptions One (1) brake pedal with an activation switch to allow left brake pedal to switch between a brake neutralizer or brake only function Yes V No Exceptions Section 10 Axles Front axle shall be rigidly mounted to front loader frame Yes .__ V _ No Exceptions Rear axle shall be remote mounted trunion lubrication fitting Yes V No Exceptions Limited slip Yes V No Exceptions Enclosed brakes and final drives Yes V No Exceptions Full axle seal guards Yes V No Exceptions Section 11 Brakes Completely closed and sealed outboard oil immersed disc brakes on front and rear axle Yes V No Exceptions Audible alarm and light to alert operator if brake pressure drops below normal operating parameters Yes V No Exceptions Capable of stopping after loss of engine power Yes V No Exceptions Electronic park brake switch mounted in operator's station Yes V No Exceptions Spring applied and hydraulically released park brake Yes V No Exceptions Transmission shall be automatically neutralized when park brake is set Yes V No Exceptions Section 12 Wheels Radial tires, L3 tread; minimum 20.5x25 size Yes No Exceptions Section 13 Hydraulic System Electro -Hydraulic – Joy Stick – Pilot Controls Yes V No Exceptions Third (31d) function for use with work tools that require hydraulic power Yes V No Exceptions Third (3,d) function shall be adjustable from twenty percent (20%) to one hundred percent (100°/x) of maximum Yes —__V No Exceptions Hydraulic couplers shall be of flat face design Yes V No Exceptions Ride control system for smooth roading Yes V No Exceptions Section 14 Loader Linkage Bucket linkage shall be capable of parallel lift Yes V No Exceptions Electro hydraulic coupler Yes V No Exceptions Section 15 Serviceability Oil filters mounted vertically Yes V No Exceptions Air filter will be dual element — dry type Yes V No Exceptions Coolant, transmission, and hydraulics shall have sight gauges Yes V No Exceptions Machine shall have ports to sample engine oil, transmission oil, coolant, and hydraulic systems Yes V No Exceptions Section 16 Illustrative and Technical Data Seller shall submit with bid the complete current illustrative and technical data in the proposed vehicle. Failure to render such data may be considered sufficient reason to declare the bid non- responsive Yes V No Exceptions Section 17 Delivery Prior to delivery the vehicle shall be completely serviced as necessary to assure proper operation and function Yes V No Exceptions Section 18 Manuals and Technical Information The successful bidder shall provide at no cost to the City, the following technical information: A. Maintenance and operation manuals, as used by the manufacturers repair facilities, covering the vehicles and all special equipment, parts and supplies purchased B. Service manuals, as used by the manufacturers repair facilities, covering the vehicles purchased C. Parts manuals, as used by the manufacturers repair facilities, giving service part numbers complete in every detail covering the vehicles purchased D. Access to any and all on line applications as used by the manufacturers repair facilities E. Access to any and all Computer/PC based trouble shooting/diagnostic programs as used f i by the manufacturers repair facilities Yes J No . Exceptions Tractor & Equipment Co. will provide a service manual, parts manual, and an operation & maintenance manual. The City of Bozeman will be responsible for any annual subscription fees for Electronic Technician (ET). Parts Store & SIS is made available free of charge. i Section 19 Warranty All Material and workmanship herein is specified, including all equipment furnished by the successful bidder, shall be guaranteed to be free from defective material or workmanship for the manufactures standard warranty period. Seller will be required to furnish and Install all parts and pay any additional expense to repair the unit that has been affected by defective workmanship, equipment or material during this period, at no cost to the city of Bozeman. Should warranty repairs take longer than forty eight (48) hours, Bidder agrees to supply the City of Bozeman with a machine of like, kind, and quality to use during the time the machine is down. Yes V No Exceptions The vehicle and related parts that are bid shall be covered by manufacture's standard warranty. Warranty work shall be done by an authorized dealer at the City of Bozeman Vehicle Maintenance Shop. If machine needs to leave the City Shop see conditions above. Yes. V No Exceptions Section 20 Training A minimum of eight (8) hours operation and safety, and four (4) hours of service training will be required by a factory trained (by the manufacturer he/she represents) Certified Trainer. Training will be completed upon delivery of the new machine at a facility determined by the City of Bozeman and will include general service, maintenance, operator orientation and safety training. Yes V No Exceptions _ Section 21 Delivery All Equipment, spare parts and supplies shall be delivered F.O.B. Destination, Delivery charges prepaid and added, to City of Bozeman Vehicle Maintenance Department, 1812 N. Rouse, Bozeman, MT 59715. Yes V No Exceptions Section 22 Designated Contact Name Kraig Pester Title Sales Re rep senta1iye Address 4001 giver Drive North Address f reat-Ealls.ontana 59405 Phone Fax 406.771.1733 + .- _ - ti � _ -,t � i � , - ,. ,. .. ti 1� , .. f, � � ,. �_ r . - � s � ti�1- � I _ - • r — ,r, I �i �t . y S' r _ 1 , r r r _ - r - ti � _ -,t � i � , - ,. ,. .. ti 1� , .. f, � � ,. �_ r r r _ .,, c , _ � � .,, � i � , Warranty Bid includes a one (1) year / unlimited hours full machine warranty. CAT` SERVICE Caterpillar: Confidential Green Bulletin No. 8.03 Equipment Protection Plan Global Machine & Cat Utility Vehicle Premier Equipment Protection Plan Overview This Premier Equipment Protection Plan (EPP) addresses the components on the base machine or Cat utility vehicles that are covered under various new, and used, and rebuilt equipment programs offered through Caterpillar. Premier EPP coverage is available for new Cat machines & Cat utility vehicles (except when EAME-specified Blanket Cat Certified Used Premier coverage terms are available). Refer to the Standard Machine Warranty and applicable program bulletins for covered component failures during the standard warranty period and refer to Premier EPP for covered component failures during the EPP coverage period. Components Covered Under Premier EPP Premier EPP coverage is intended to reimburse for defects in material and workmanship of covered components. Coverage for defects in material and workmanship as defined by this bulletin means the failure of any original or Cat approved replacement part to work as designed in normal service, providing proper maintenance was received as recommended by the manufacturer in the Operation & Maintenance (O&M) Manual. Premier EPP is a comprehensive component coverage that includes the components covered by Powertrain - EPP (Bulletin 8.01), Hydraulic - EPP (Bulletin 8.02), Hydraulic and Technology — EPP (Bulletin 8,10), where applicable, and additional components not excluded by this bulletin. Components Excluded Under the Premier EPP: Premier EPP covers all warrantable defects during the manufacturer's standard factory warranty period. See warranty bulletin 2.01 for an explanation of warrantable defects. Upon expiration of the standard factory machine warranty period, the following exclusions apply: Service Items - Service items are excluded for defects in material and workmanship under the Premier EPP Coverage. Examples include: • Coolant • Lubricants (Oil) • Additives and Conditioners • Fluids • Filters • Fuel • Diesel Exhaust Fluid > 08.03-03 (10/17) > Indicates change. https:Hwarranty.cat.com/wtyguide © 2017 Caterpillar All Rights Reserved. CAT, CATERPILLAR, their respective logos, "Caterpillar Yellow" and the "Power Edge" trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. Dealer and Dealers are defined as any Cat Authorized Dealer or Cat Authorized Repair Representative Caterpillar: Confidential Green Bulletin No. 8.03 Components Covered by Any Other Manufacturers' Warranty Statements: Examples include, but not limited to: • Other Manufacturer Tires • Other Manufacturer Hammers • TimberkingTM Products • Forestry Work Tools • Ag Products Other Excluded Components: • Glass • Lens • Radios • Mini -Hydraulic Excavator rubber track belts (Covered under "Rubber Track Warranty For The Multi Terrain Loader and Compact Track Loader" bulletin 2.09) • Effective for sales on/after 01Jull0, Hydraulic Line Quick Connect/Disconnect Components on CCE Machines. (Work Tools are excluded on page 2 of this bulletin.) For additional components that are excluded, refer to the Global Service Warranty Guide. Cat Utility Vehicle (CUV) Specific Components: New machine Equipment Protection Plan covers only the base CUV and excludes additional components incremental to the base model(s). In addition to the applicable exclusions listed throughout this bulletin, the following CUV specific items are also excluded: • Powertrain & Driveline Wear Items, Clutch, Spark Plugs, CV Boots, Brake Pads, & Drive Belts • Electrical Accessories • Bumpers, Guards & Attachments • Doors, Roofs, & Attachments • Mats & Flaps • Mirrors, Windshields & Body Panels • Work Tools & Product Attachments & Accessories • Torn or Punctured Upholstery General Exclusions and Limitations Premier EPP does not cover the following: • Operator abuse, neglect, improper or abusive use of the machine including but not limited to the failure to perform the recommended preventative maintenance as specified in the Operation and Maintenance (O&M) Manual. • Applications not approved by Caterpillar. • Improper or abusive use of machine. • Operation beyond the design and/or capacity of the machine. • Wear -out and normal deterioration in performance, accelerated wear -out of components due to operating technique or application; including but not limited to oil consumption and gasket or seal leaks. • Chemical corrosion and physical or mechanical erosion • Unauthorized fuel setting changes. • Acts of war, vandalism, riot, theft, explosion, collision, fire and/or any other act of nature, person or vermin. • Operating equipment with improper, contaminated, or improper levels of fuel or fluids, or the use of improper filters. 08.03-03 (10/17) 3 Caterpillar: Confidential Green Bulletin No. 8.03 Example: While performing a Premier EPP program repair for a piston ring failure, the dealer service technician notices the vee belts and coolant hoses are worn and deteriorated. He also notices some wear (within acceptable limits) on the cylinder head valve guides. In addition to the piston ring failure, the service technician replaces the vee belts and coolant hoses, and reconditions the valve guides to avoid future downtime. In this example the vee belts, coolant hoses and valve guide reconditioning cannot be claimed to Caterpillar because they did not have a defect nor were they damaged as a result of the piston ring failure. They were repaired or replaced as a result of the customer responsibilities for assuring all recommended preventative maintenance is performed. NOTE: If the piston ring failed due to abuse (running without changing oil at the proper interval), the ring failure and resultant damage would not be due to a Caterpillar defect, and therefore, not a covered failure. 08.03-03 (10/17)