About One Call Rentals

Cleveland Brothers Equipment Co., Inc. can trace its origin back to 1937 when Bob and Roy Cleveland started a landscaping contracting company. The company evolved through the years working on numerous high profile jobs. In search of new opportunities, Bob and Roy took over the Caterpillar dealership in Central Pennsylvania.

On Jan. 1 1948, Cleveland Brothers was formed. In 1965, Roy stayed at Cleveland Brothers while Bob moved to New York to pursue other dealer opportunities. Bob and Roy's father, C.W. "Dad" Cleveland, was hired as the purchasing agent for the company. Roy's son, Jay, began working at his father's company in 1961. In 1963, Bill Kirchhoff married Jean Cleveland, Roy's Daughter.

In 1988, Jay Cleveland Jr. joined the company and is currently President/Chief Executive Officer. Tom Kirchhoff joined the company in 1994 as the Executive Vice President and Chief Operating Officer until his passing in March 2015 from ALS. With each new generation, Cleveland Brothers remains a family oriented business. Meeting the needs of its customers has always been Cleveland Brothers' focal point.

On October 10, 2005 Cleveland Brothers acquired Beckwith Machinery Company.  In addition Cleveland Brothers also acquired One Call Rentals, a network of Cat Rental Stores in Western Pennsylvania and Northern West Virginia. One Call Rentals handles Caterpillar compact construction equipment and allied equipment such as air compressors and aerial lifts.

The transition allowed the Cleveland Brothers family of companies to serve 59 Pennsylvania counties in an area that stretches from the Northeast corner of the state throughout all of Central and Western Pennsylvania.  Included in this new territory are 17 counties in Northern West Virginia and 2 in Western Maryland.

Every action the company takes, every decision it makes, is evaluated in terms of the impact on its customers and how they will profit. From the very beginning, Cleveland Brothers has known that for it to be successful, its customers must succeed. This philosophy has guided the company for over sixty years and placing the customer first will continue to be our focus.

Careers at Cleveland Brothers

Cleveland Brothers Equipment Company, Inc., Pennsylvania's premier Caterpillar Dealer is looking for highly motivated individuals. Since 1948, Cleveland Brothers has had a history of offering quality solutions to support the needs of our customers.

At Cleveland Brothers, our focus is on growing the business of our customers with the equipment, parts, and service for any size company. We have 26 locations conveniently located throughout Pennsylvania, Northern West Virginia and Western Maryland, including specialty fabrication and rebuild facilities for machines, engines, transmissions and hydraulic pumps, motors and cylinders.

The company’s mission is to provide customers maximum value through innovative solutions and excellent service, to provide employees a safe environment with open communication and the opportunity for personal growth, and to create partnerships founded on trust, integrity, and professionalism. Cleveland Brothers offers a competitive wage and benefits package and is a Drug-Free Workplace Affirmative Action Employer M/F/D/V.

Interested in a career? Click Here!

Company History

Cleveland Brothers Equipment Co., Inc. can trace its origin back to 1937 when Bob and Roy Cleveland started a landscaping contracting company. The company evolved through the years working on numerous high profile jobs. In search of new opportunities, Bob and Roy took over the Caterpillar dealership in Central Pennsylvania.

On Jan. 1 1948, Cleveland Brothers was formed. In 1965, Roy stayed at Cleveland Brothers while Bob moved to New York to pursue other dealer opportunities. Bob and Roy's father, C.W. "Dad" Cleveland, was hired as the purchasing agent for the company. Roy's son, Jay, began working at his father's company in 1961. In 1963, Bill Kirchhoff married Jean Cleveland, Roy's Daughter.

In 1988, Jay Cleveland Jr. joined the company and is currently president/chief executive officer. Tom Kirchhoff joined the company in 1994 and is currently the executive vice president and chief operating officer of the company. As Jay and Bill's sons take the same path, Cleveland Brothers remains a family oriented business. Meeting the needs of its customers has always been Cleveland Brothers' focal point.

On October 10, 2005 Cleveland Brothers acquired Beckwith Machinery Company. In addition Cleveland Brothers also acquired One Call Rentals, a network of Cat Rental Stores in Western Pennsylvania and Northern West Virginia. One Call Rentals handles Caterpillar compact construction equipment and allied equipment such as air compressors and aerial lifts.

The transition allowed the Cleveland Brothers family of companies to serve 59 Pennsylvania counties in an area that stretches from the Northeast corner of the state throughout all of Central and Western Pennsylvania. Included in this new territory are 17 counties in Northern West Virginia and 2 in Western Maryland.

Every action the company takes, every decision it makes, is evaluated in terms of the impact on its customers and how they will profit. From the very beginning, Cleveland Brothers has known that for it to be successful, its customers must succeed. This philosophy has guided the company for over fifty years and placing the customer first will continue to be our focus.

Credit Application

CAT Access Account

Use at any participating CAT Dealer

The CAT Access Account is a card-less, revolving charge account that enables you to pay for parts, service and rentals at any participating CAT Dealer in the United States. Enjoy the convenience of one detailed statement and one account, no matter which CAT Dealer you do business with.

Click Here to Download or print a PDF version of the CAT Access form. 

If your company holds sales tax exempt status please download and fill out the respective form for your state:

Pennsylvania State Sales Tax Exemption Form 

West Virginia State Sales Tax Exemption Form 

Maryland State Sales Tax Exemption Form 

Please fax all forms to Cleveland Brothers at (717) 564-9253

Financing

Finance options include:

Installment Sales Contract
Ideal for the customer who desires immediate equipment ownership yet wants to pay for the machine over a number of years. An Installment Sales Contract allows a customer to build equity in the equipment over time. Trade-ins or down payments are normally included in these transactions and may be required, depending on a customer's credit. Any applicable taxes are included in the amount to finance. Installment Sales Contracts allow a customer to claim the tax benefits of ownership, including depreciation and interest expense deductions. New or used equipment can be financed. An Installment Sales Contract is the lowest total cost financing option for machine ownership. A variety of flexible payment plans are available, including monthly, quarterly, semiannual, seasonal, skip, and accelerated. Terms are generally 1 to 5 years on both new and used equipment. The finance rate on an Installment Sales Contract is generally fixed.

Full Payout Finance (Capital) Lease
A Full Payout Finance Lease is ideal for the customer who wants equipment ownership under a lease. Tax implications for a Full Payout Finance Lease are the same as an Installment Sales Contract. The only difference between a Full Payout Finance Lease and an Installment Sales Contract is that instead of adding the tax into the amount to finance, each payment is taxed under a Full Payout Finance Lease. A Full Payout Finance Lease allows a customer to build equity in the equipment over time. Another benefit of a Full Payout Finance Lease is 100% financing for qualified customers. This allows a customer to finance the full purchase price. New equipment may be financed for 1 to 7 years and used equipment for 1 to 5 years. Available payment plans include monthly, quarterly, semiannual, seasonal, skip, and accelerated. Payments can be tailored to meet a customer's cash flow needs. The finance rate on a Full Payout Finance Lease is generally fixed.

Finance (Capital) Lease with a Balloon or Option
The lower payments created by a set balloon or option at the end of the lease give a customer more flexibility when determining the cash flow needs of a business. A balloon is a mandatory payment due at the end of the lease. An option gives a customer the choice of either paying the option and assuming ownership or returning the equipment. Applicable taxes will be added to each payment, as well as the balloon or option if exercised. The tax implications are generally the same as an Installment Sales Contract or Full Payout Finance Lease. 100% financing is available to qualified customers. New equipment may be financed for 1 to 7 years and used equipment for 1 to 5 years. A wide variety of payment plans are available, including monthly, quarterly, semiannual, seasonal, skip, and accelerated payments. The finance rate is also normally fixed.

Fair Market Value Tax (Operating) Lease
When comparing all the different types of financing offered, a Fair Market Value Tax Lease offers a customer the lowest possible payment. A Fair Market Value Tax Lease is essentially a long-term rental. A customer has the ability to purchase the equipment at whatever the leasing company deems is the fair market value at the end of the lease or return the unit. Monthly payments have applicable taxes added to each. Taxes will also be applied to the fair market value price set by the leasing company if the customer decides to purchase the equipment at lease end. A Fair Market Value Tax Lease gives a customer the benefits of off-balance sheet financing, including the ability to write-off each payment as an expense. The finance term length of a Fair Market Value Lease is from 3 to 7 years.

Rental Terms - Insurance

CLEVELAND BROTHERS EQUIPMENT CO., INC.

Insurance Coverage Requirements
The Customer shall carry, at its own expense, form insurance companies satisfactory to Cleveland Brothers Equipment Co., Inc. (CBEC), the following types of coverage with limits not less than those shown below. The respective items must be shown on the Certificate of Insurance provided by the customer’s Insurer or its authorized agents or representatives.


  1. Workers' Compensation Insurance, written to cover the customer's employees.

    Coverage: Workers' Compensation and Employers Liability
    Limits: Statutory
    Endorsements: Waiver of subrogation in favor of CBEC

  2. Commercial General Liability Insurance 

    Coverage: General Liability, Premises, Independent Contractors
    Limits: $1,000,000 minimum Per Occurrence
    Endorsements: CBEC named as an Additional Insured; Waiver of Subrogation in favor of CBEC.

  3. Physical Damage Insurance Coverage

    Contractors' All-Risk or Inland Marine Coverage including Temporary, Leased or Rented equipment, unless the equipment is specifically scheduled on the policy.
    Endorsements: Loss Payee in Favor of CBEC
    Note: Customer may elect the CBEC Loss Damage Waiver (LDW) for an additional cost based on the rental amount as stated on the Rental Contract, in lieu of providing protection for the equipment through its insurance carrier. If evidence of physical damage insurance is not provided within 7 days of the beginning of the rental period, CBEC will add the amount of the LDW to the rental and it becomes the responsibility to pay that amount in addition to the rental amount.

  4. Commercial Auto Liability 

    Coverage: Owned, Non-owned and Hired vehicles. Includes Physical Damage if not otherwise protected.
    Note: Equipment registered as motor vehicles are excluded from many property and inland marine coverage forms and must be covered under the physical damage section of the Auto policy. Check with your insurance representative if renting equipment registered as a motor vehicle.
    Limits: Combined Single Limit per Occurrence of $1,000,000.
    Endorsements: Additional Insured in favor of CBEC, Loss Payee in favor of CBEC if physical damage applies.
     

All policies providing coverage shall contain provisions that no cancellation shall become effective except on thirty days written notice thereof to CBEC.

The customer shall furnish Certificate(s) of Insurance prior to renting equipment.

Rental Terms - Loss Damage Waiver

Cleveland Brothers has a two tiered insurance policy. To be eligible to rent equipment the customer must provide a certificate of insurance showing a minimum of $1,000,000 general liability coverage. The second criteria pertains to physical damage coverage for the machine being rented. All customers renting equipment from the Cleveland Brothers are required to provide physical damage insurance or accept the Loss Damage Waiver (LDW). Any customer not providing a proof of insurance will be charged an amount for the LDW equal to 14% of the gross rental amount.

The LDW is not insurance, it does however provide limited protection against accidental loss or damage to rented equipment, owned by Cleveland Brothers Equipment or the CAT Rental Store.

This plan does not cover equipment licensed for highway or public roadway use or equipment re-rented from other equipment companies on behalf of the customer. LDW does not cover damage from misuse, negligence or abuse.

 

Items Covered:

  • Replacement cost coverage

  • Physical damage coverage (abuse is not covered)

  • Fire, theft, vandalism

  • Deductible of 2% of replacement value with a minimum of $1500 and a maximum of $5000.

  • Coverage is only in effect while equipment is on your job.

 

What is misuse, negligence or abuse?

Misuse is using the machine for a purpose it is not intended for. Examples of misuse could be: Utilizing a backhoe bucket to break up concrete. Improper placement of the machine while excavating at a digging site, or using an excavator to tow a freight car.

Negligence could include but is not limited to leaving a machine unattended, unsecured or failing to make a timely report of an incident. (Timely reporting is considered to be the day of the incident or next business hour following the incident.)

Abuse is utilizing a machine beyond the limits of the machine such as jumping railroad tracks in a skid steer, curling the excavator bucket into the front windshield or swinging a counterweight into a tree.

 

What is my deductible?

The deductible is 2% of the value of the rented machine. If your machine is valued at $100,000 your deductible is $2,000. The minimum of $1,500 and the maximum is $5,000.

 

How do I get out of paying LDW?

LDW can be waived by submitting a valid certificate of insurance covering physical damage to our rental unit.

 

Who do I send the certificate to?

Fax the certificate to Dan Law 717-564-3890. Additional questions call 717-564-0598.

 

Exclusions From LDW


  1. Damage caused by exceeding or overloading the rated capacity of equipment.

  2. Damage from lack of providing lubrication or other normal servicing of equipment.

  3. Loss or damages associated with vandalism, malicious mischief, theft, of conversion or equipment not documented by the customer’s prompt filing with applicable public authorities (with an immediate written copy to Cleveland Brothers Equipment Co., of a formal written report.)

  4. Wrongful conversion by the customer in possession of the equipment or infidelity of customer’s employees or persons to whom the equipment is entrusted.

  5. Loss or damage caused by the use of the equipment in violation of any terms of the rental agreement.

  6. Loss or damage caused by failure to keep the equipment in a secure area after the unit is called off rent.

  7. Loss or damage resulting from dishonest or criminal activity of the customer or its authorized representative.

  8. Loss or damage that was or should have been expected due to an extraordinary application or use of the equipment.

  9. Damages or loss associated with use or operation of equipment by a person other than qualified employees of the customer, including damages to or loss of equipment loaned to a third party.

  10. Loss or damages resulting from exposure to radioactive, contaminated or other hazardous material.

  11. Normal wear items, including, but not limited to, tires and undercarriages.

Rental Terms - Terms & Conditions

Manufacturer's Warranty

The New Equipment or New Parts quoted herein ("New Products") MAY be subject to certain express warranties of that MANUFACTURER. Any MANUFACTURER'S New Product is subject to a warranty if any, SOLELY BY THE MANUFACTURER. CUSTOMER, BY ACCEPTING THIS QUOTATION/OFFER TO SELL, ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTANDS AND ACCEPTS MANUFACTURER'S WARRANTY (WARRANTIES) APPLICABLE TO THE MANUFACTURER'S NEW PRODUCTS.

 

Used Products

If equipment or parts other than New Products ("Used Products"), are being quoted herein, such Used Products are sold on an AS-IS basis, without any warranty whatsoever, except as may be expressly stated on the face hereof.

 

Cleveland Brothers' Warranties

Cleveland Brothers gives, in respect to the New Products of Cleveland Brothers (i.e., exchange components or assemblies rebuilt by Cleveland Brothers) sold, and work performed, under the terms of this Quotation/Offer to Sell "Work" -- SUBJECT TO CUSTOMER'S ADHERENCE TO CUSTOMER'S RESPONSIBILITIES, AS PROVIDED IN THE PARAGRAPH SO TITLED BELOW -- the following express warranties:


  1. Cleveland Brothers warrants the labor involved in any Work to be free from workmanship deficiency that will cause the Product to be defective as follows:

    1. Flat rate or quoted fixed price Work is warranted for one hundred eighty (180) days from the date such Work is completed;

    2. Time and material hourly Work is warranted for ninety (90) days from the date such Work is completed; and

    3. Special terms expressly stated on the face hereof;


  2. Cleveland Brothers warrants any New Products of Cleveland Brothers that are used in any Work -- for one hundred eighty (180) days from the date such Work is completed -- to be free from defects in materials and workmanship;

  3. If any Work fails to conform to these warranties, Cleveland Brothers will, at a location of Cleveland Brothers' choice and during Cleveland Brothers' normal working hours, replace any defective parts or correct any deficiencies in workmanship if such defects in parts or deficiencies in workmanship are verified by the inspection of an authorized Cleveland Brothers employee. Such replacement of parts or correction of deficiencies in workmanship will be initiated as soon, after verification, as manpower and necessary parts and equipment are available to Cleveland Brothers.

 

Disclaimer of other Warranties

THE WARRANTIES CLEVELAND BROTHERS GIVES IN THE IMMEDIATELY PRECEDING PARAGRAPH ARE EXCLUSIVE. CLEVELAND BROTHERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR YEAR 2000 COMPLIANCE.

 

Safety and Health Standards

Use of the Products ordered herein may require Customer to comply with various federal, state or local laws, rules, regulations, or safety codes including, but not limited to, the Occupational Safety and Health Act ("OSHA"), current regulations and standards applicable under OSHA ("OSHA Standards") and the Federal Coal Mine Health and Safety Act of 1969 ("Coal Mine Act"). Customer acknowledges that Cleveland Brothers has instructed Customer that the Products ordered herein may require certain additional safety guards and devices before it can be used in compliance with the dictates of applicable federal, state or local laws, rules, regulations or safety codes (including OSHA Standards and the Coal Mine Act). CUSTOMER HEREBY ASSUMES THE ENTIRE RESPONSIBILITY FOR THE INSTALLATION OF SUCH SAFETY GUARDS AND DEVICES AS FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS OR SAFETY CODES (INCLUDING OSHA, THE OSHA STANDARDS AND THE COAL MINE ACT) MAY DICTATE, NOTWITHSTANDING THAT CLEVELAND BROTHERS MAY NOT PROVIDE SUCH GUARDS OR DEVICES WITH THE PRODUCTS ORDERED HEREIN. CUSTOMER HEREBY RELEASES CLEVELAND BROTHERS AND CLEVELAND BROTHERS' OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING FROM ANY USE OF THE PRODUCTS ORDERED HEREIN IN VIOLATION OF THE DICTATES OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS OR SAFETY CODES (INCLUDING OSHA, THE OSHA STANDARDS AND THE COAL MINE ACT).

 

Disclaimer of Tort Liability

Customer specifically understands and agrees that Cleveland Brothers, and Cleveland Brothers' officers, agents and employees, shall not be liable in tort -- whether based on negligence, strict liability, or any other theory of tort liability -- for any action or failure to act in respect to the manufacture, preparation for sale, sale, delivery or servicing (including the entrance of Cleveland Brothers personnel onto purchaser's property for delivery, service or for any other purpose) of the Products quoted herein, or for any action or failure to act in respect to the workmanship involved in, or Products used in, any Work. IT IS THE PARTIES' INTENT AND THE INTENT OF THIS PROVISION TO ABSOLVE AND PROTECT CLEVELAND BROTHERS AND CLEVELAND BROTHERS' OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL TORT LIABILITY.

 

Exclusive Remedy and Exclusion of Consequential Damages

Customer specifically understands and agrees that Customer's sole and exclusive remedy for breach of warranty, defective Work, tortious conduct or any other cause of action against Cleveland Brothers or Cleveland Brothers' officers, agents or employees, if any, shall be as provided in the express warranties contained in the paragraph above titled "Cleveland Brothers' Warranties." CUSTOMER SPECIFICALLY UNDERSTANDS AND AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, FOR ANY CAUSE WHATSOEVER, OR INJURY TO PERSONS (INCLUDING DEATH RESULTING THEREFROM) OR PROPERTY OR ANY OTHER CONSEQUENTIAL, ECONOMIC OR INCIDENTAL LOSS) SHALL BE AVAILABLE TO HIM.

 

Customer's Responsibilities


  1. Customer will at all times operate and maintain the Products in accordance with the instructions outlined in the Maintenance and Operation Instruction Book furnished at time of purchase.

  2. Any damage to the Products that results from Customer's continued use of the Products after a defect has been recognized by Customer is Customer's sole responsibility and Cleveland Brothers has no responsibility to repair or correct any damage that results from Customer's continued use of the Products after a defect has been recognized by Customer.

  3. Customer shall be liable to Cleveland Brothers for all expenses incurred by Cleveland Brothers if servicemen are called to the job by the Customer and Customer refuses to permit the requested work to be performed.

  4. Customer shall make payment for all Products and/or all Work in accordance with the credit and payment policies of Cleveland Brothers that are in effect at the time the Products are sold or the Work is performed.

  5. Customer grants Cleveland Brothers the right to operate Customer's equipment for purposes of testing or inspecting the Product at Cleveland Brothers' location or at Customer's location.

 

Other Terms and Conditions

1. Offer and Acceptance:
This Quotation/Offer to Sell is not an acceptance of the terms and conditions of any prior or subsequent offer or order of Customer and any such terms and conditions are expressly rejected. This Quotation/Offer to Sell is an offer by Cleveland Brothers to Customer.Customer, by accepting this Quotation/Offer to Sell, accepts Cleveland Brothers' offer contained herein and such acceptance of this offer is expressly limited to its terms.Any subsequent submission of an order or similar document to Cleveland Brothers covering the Products or Work quoted herein also constitutes an unqualified acceptance of this offer notwithstanding terms and conditions in said order or other document to the contrary. Under no circumstances shall any terms and conditions of Customer's business forms that are inconsistent with the terms and conditions of this Quotation/Offer to Sell become part hereof. Upon acceptance, this Quotation/Offer to Sell shall become the final written expression of agreement between Cleveland Brothers and Customer, constituting the entire contract between Customer and Cleveland Brothers and superseding all previous communications, either verbal or written. This Quotation/Offer to Sell may be modified only by a writing signed by a corporate officer of Cleveland Brothers. Reference herein to any order or other communication is only for the purpose of identifying the Products or Work ordered. Notwithstanding the foregoing, Cleveland Brothers reserves the right to correct minor errors and omissions committed by Cleveland Brothers' employee while completing this Quotation/Offer to Sell. This right to correct includes, but is not limited to, sales tax, freight, insurance, filing fees, spelling, serial numbers, legal name, payment dates, etc. Such errors will be unilaterally corrected by Cleveland Brothers.

2. PRICE:
The price of the Products and Work quoted herein, as stated above, is subject to change without notice. The actual sales price of the Products and Work shall be Cleveland Brothers' price in effect at the date of acceptance. If transportation charges are not included in the price of the Products and Work, as quoted above, the same shall be paid by Customer upon delivery. Transportation charges shall include all switching, spotting, drayage, demurrage and other transportation charges or taxes incurred at destination. Customer shall pay, in addition to the sales price applicable at the time of delivery, all excise, privilege, occupational, sales, use, personal property and other taxes, whenever due, and in the event the same are paid by Cleveland Brothers, Customer will reimburse Cleveland Brothers for the cost thereof forthwith upon demand by Cleveland Brothers.

3. CUSTOMER'S CREDIT:
This Quotation/Offer to Sell contemplates a security interest in the Product, is subject to Cleveland Brothers' approval of Customer's credit on the actual delivery date, and Cleveland Brothers reserves the right to restrict the contract resulting from the acceptance hereof to a cash sale or to specify all credit terms and the security to be given for the extension of credit. Customer shall sign such security documents and financing statements as required by Cleveland Brothers. If Customer fails to make payments in accordance with the terms of the contract resulting from this Quotation/Offer to Sell, Cleveland Brothers may at its election defer any further shipments under such contract or terminate this Quotation/Offer to Sell and the contract resulting from the acceptance hereof and in any such case Customer waives all claims against Cleveland Brothers.

4. LATE PAYMENT AND/OR NONPAYMENT BY CUSTOMER:
In the event that the invoice applicable to the Products and/or Work described herein is not paid by Customer by said invoice's due date, Customer shall pay a late/service charge of up to 3% of the total invoice amount for each month that said invoice remains unpaid. In the event of nonpayment by Customer, the cost incurred by Cleveland Brothers in collecting the indebtedness, including attorneys' fees and expenses, with interest at the maximum rate allowed by law from date of expenditure, shall be added to the principal amount of the indebtedness owed to Cleveland Brothers.The remedies provided by this paragraph are not exclusive and Cleveland Brothers may elect other remedies at law or in equity.

5. RISK OF LOSS:
All risk of loss or damage to the Products shall pass to Customer upon delivery by Cleveland Brothers to a carrier for shipment.

6. RISK OF LOSS:
LAWS GOVERNING -- EXCLUSIVE VENUE -- STATUTE OF LIMITATIONS -- AND SEVERABILITY: This Quotation/Offer to Sell shall be governed by and construed under the laws of the Commonwealth of Pennsylvania notwithstanding delivery by Cleveland Brothers in a state other than Pennsylvania. Any suit by Cleveland Brothers may be brought in the United States District Court for the Western District of Pennsylvania at Pittsburgh or the Court of Common Pleas of Allegheny County, Pennsylvania. The Customer hereby knowingly and for due consideration agrees to the jurisdiction of the United States District Court for the Western District of Pennsylvania at Pittsburgh or the Court of Common Pleas of Allegheny County, Pennsylvania and waives all rights to contest the jurisdiction of these Courts. Any suit by Customer for breach of contract, for any alleged tortious conduct or any claim whatsoever brought in law or equity must be filed within one year from the date the cause of action accrued or be forever barred. Any such suit by Customer must be brought in the United States District Court for the Western District of Pennsylvania at Pittsburgh or the Court of Common Pleas of Allegheny County, Pennsylvania. If any provision of this Quotation/Offer to Sell shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Quotation/Offer to Sell shall be construed as if such invalid or unenforceable provision had never been contained herein.

7. SECURITY INTEREST:
Without waiving any rights to elect to proceed under applicable lien laws, the Customer grants a security interest in the Products furnished hereunder until the agreed price has been fully paid in United States currency; and in the event of a default in payment, Cleveland Brothers shall have all rights of repossession and other rights available to a secured party under the applicable laws. Customer will pay all costs of filing any financing, continuation or termination statement with respect to the purchase money security interest created hereby, and Cleveland Brothers is hereby irrevocably appointed Customer's attorney in fact to do all acts and things which Cleveland Brothers may deem necessary to perfect and continue the perfection of its purchase money security interest in the Product.

Rental Terms - Tire & Undercarriage

Tires

Excess tire wear will be prorated based on normal wear chart.

Excess wear charges will be based on CBE's Cost + Installation of new tires.

If customer replaces a tire while machine is on rental, replacement must be the same size and construction (radial or bias-ply) of original tire.

If tire returns with less wear CBE will not reverse proration.

Any tires with cuts to the cord or severe tread chunking will be the responsibilty of the customer: New Tire Cost + Install - Allowable Existing Wear - Tire Service Buy-Back (Or Cust gets tire).

Tire wear is limited to the point where tire vendor deems necessary for buyback. 
ie. A D350E Tire will need to be replaced at 30% remaining0.


  • Example 1. 


    D350E starts rental with 80% tire tread remaining. 

    Returns from rental with 75% tread remaining and a cut into the cord. 

    Customer will be charged as follows: 

    % Remaining = 100 - 75 = 25 / 70 ( 30% Cut-Off ) - 1.00 = 65% 

    New Tire Cost: $3000 × 65% = $1,950

 


  • Example 2. 



    D350E starts with 1000 Hrs, returns with 1500 Hrs. 80% wear remaining. 

    Returns from rental with 40% remaining. 

    Allowable Wear = 500 (Hrs Used) / 2800 = 17% 

    Actual Wear by Customer = 40% 

    New Tire Cost: $3000 × Accelerated Wear of 23% (40% - 17%) = $690



Model 

Cut-Off % 

Avg Hrs 


D250/725 
30% 
2400 

D300/730 
30% 
2600 

D350/735 
30% 
2800 

D400/740 
30% 
3000 

769 
25% 
4500 

773 
20% 
5000 

Telehandler 
30% 
2000 

Backhoe 
30% 
1500 

Skidsteer 
30% 
1000 

777 
20% 
6000 

966/972 
30% 
4000 

980 
30% 
5000 

988 
30% 
3000 

992 
15% 
3000 

627 
15% 
3000 

924/930 
30% 
2400 

938/950 
30% 
3000 



Undercarriage

Excessive Undercarriage Wear will be prorated based on the below chart.

Excess wear charges will be based on the specifically worn Parts + Installation.

Any damage, other that wear, will be billed as normally by CBE service department.

ie. Bent track pads, damaged steps, etc.



Model 
Average Hours 

VTS 
1500* 

MTL/CTL 
1500* 

D3G 
2500* 

D4G 
2500* 

D5G 
2500* 

D5M LGP / D6M LGP 
2700* 

D6R LGP 
2800* 

D6R XL 
3000* 

375L 
8000† 

D8R 
3000* 

D9R 
3000* 

D10R 
3300* 

D11R 
3500* 

953C 
3000* 

963C 
3000* 



* = Average Hours To Pin & Bushing Turn, Segment Replacement, Pad Replacement.

† = Average Hours to Pin & Bushing Replacement, Sprockets, Pads.

Idlers, Links, Carrier Roller, and Track Roller Replacement Multiply by 2.

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