Terms & Conditions and Privacy Policy

TERMS AND CONDITIONS – PARTS, ATTACHMENTS, EQUIPMENT & EXTENDED WARRANTY SALE

These Terms and Conditions apply only to parts, attachments, equipment, and extended warranty sold on www.shop.bobcat.com.

1. General: The Terms and Conditions of Sale outlined herein shall apply to the sale by Bobcat Company (hereinafter referred to as Company) of parts and attachments relating thereto (hereinafter referred to as Product). Unless prior written agreement is reached, it shall be understood that the Company’s proceeding with any work shall be in accordance with the terms and conditions outlined herein. The Company hereby gives notice of its objection to any additional or different terms included in any purchase order or other form submitted by the Purchaser. Such additional or different terms shall not be included in this contract.

Compliance with any local governmental laws or regulations relating to the location, use of the Product, or its use in conjunction with other equipment, shall be the sole responsibility of the Purchaser.

2. Title and Risk of Loss: Title and risk of loss or damage to the Product shall pass to the Purchaser upon tender of delivery to the common carrier F.O.B. Company’s distribution facility unless otherwise agreed upon by the parties.

3. Assignment: Neither party shall assign or transfer this contract without the prior written consent of the other party. The Company however shall be permitted to assign or transfer, without the prior written consent of the Purchaser, the Company’s right to receive all or any portion of the payment due from the Purchaser under this contract.

4. Delivery and Delays: Delivery dates shall be interpreted as estimated and in no event shall dates be construed as falling within the meaning of “time is of the essence”.

The Company shall not be liable for any loss or delay due to war, riots, fire, flood, strikes, or other labor difficulty, acts of civil or military authority including governmental laws, order, priorities or regulations, acts of the Purchaser, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, faulty forgings or castings, pandemic or epidemic or other causes beyond the reasonable control of the Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay. The Purchaser’s receipt of the Part or Attachment shall constitute a waiver of any claims for delay.

5. Taxes: The price does not include any present or future Federal, State, or local property, license, privilege, sale, use, excise, gross receipts or other like taxes or assessments which may be applicable to, measured by, or imposed upon or result from this transaction, or any services performed in connection therewith. Such taxes will be itemized separately to Purchaser, who shall make prompt payment to the Company. The Company will accept a valid exemption certificate from Purchaser, if applicable. If such exemption certificate is not recognized by the government taxing authority involved, Purchaser agrees to promptly reimburse the Company for any taxes covered by such exemption certificate which the Company is required to pay.

6. Set Offs: Neither Purchaser nor any affiliated company or assignee shall have the right to claim compensation or to set off against any amounts which become payable to the Company under this contract or otherwise.

7. Warranty: 

Company warrants to its customers that each new part shall be free from defects in workmanship and material for a period of 12 months after delivery, or 1000 machine hours, whichever comes first, except as specified below:

• Hydraulic couplers have a 6-month/200-hour warranty.
• Loader drive belts have a 36-month warranty.
• Non-serialized attachments (buckets and pallet forks) have a 12-month warranty
• Serialized attachments have a 2-year warranty.
• Tires and tracks have a 12-month warranty on a prorated basis based on the remaining depth of the tire or track at the time any defect is discovered.
• Mower deck belts and drive belts have a 120-day warranty.
• Light Compaction Equipment (Plate Compactors and Upright Rammers) have a limited 2-year warranty
• Turf Renovation Equipment (Aerators, Sod Cutters, Dethatchers and Power Rakes have a limited 2-year warranty.

Bobcat Company also offers warranty on its Bobcat Remanufactured Parts. Bobcat Company warrants to its customers that each remanufactured Bobcat part shall be free from defects in workmanship and material for a period of 12 months after delivery, or 1000 machine hours.

During the warranty period, the owner shall provide proof of purchase for warranty coverage. Bobcat Company may, at its option, require failed parts to be returned for analysis. The shipping charges are the responsibility of the customer. If the part is deemed warrantable, credit will be given for shipping charges and the purchase price of the failed part. If the part is determined to be non-warrantable, the customer will be responsible for return shipping charges at Bobcat’s shipping rates.

Parts installed by a person or entity that is not an authorized Bobcat dealer shall not have labor charges covered under the warranty. Travel time of mechanics and transportation of the Bobcat product to the authorized Bobcat dealer for warranty work are the responsibility of the owner. The remedies provided in this warranty are exclusive.

This warranty does not cover replacement of scheduled service items such as oil, filters, tune-up parts, and other high-wear items. This warranty does not cover damages resulting from abuse, accidents, alterations, use of the Bobcat product with any accessory or attachment not approved by Bobcat Company, air flow obstructions, or failure to maintain or use the Bobcat product according to the instructions applicable to it.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXCEPT THE WARRANTY OF TITLE. BOBCAT COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOSS OF MACHINE USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BOBCAT COMPANY AND THE AUTHORIZED BOBCAT DEALERS WITH RESPECT TO THE PRODUCT AND SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED.

8. Limitations of Liability: THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF THE COMPANY WITH RESPECT TO THIS CONTRACT OR THE PRODUCT AND SERVICES FURNISHED HEREUNDER, IN CONNECTION WITH THE PERFORMANCE OR BREACH THEREOF, OR FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER THIS CONTRACT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE.

THE COMPANY AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE PRODUCT HEREUNDER, WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, COST OF PURCHASE OF REPLACEMENT POWER OR CLAIMS OF PURCHASER OR CUSTOMERS OF PURCHASER FOR SERVICE INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

9. Governing Law: The rights and obligations of the parties shall be governed by the laws of the State of North Dakota excluding its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract.

10. Execution: The Company shall not be bound by any contract or any modification thereto until approved in writing by an officer of the Company. The contract, when so approved, shall supersede all previous communications, either oral or written, with respect to the subject matter thereof.

PROTECTION PLUS® EXTENDED WARRANTY TERMS AND CONDITIONS

This Agreement, including the Statement of Coverage and all terms, conditions, limitations, exceptions, and exclusions constitute the entire agreement between the Obligor and You. THIS AGREEMENT IS NOT AN INSURANCE POLICY. The Obligations of the Obligor under this Agreement are backed by the full faith and credit of the Obligor. No oral representation or statement should be relied upon by any party relating to this Agreement. If any provision of this Agreement is held unenforceable, such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect during the Plan Term. Failure by Obligor to require performance of any provision of this Agreement shall not affect Obligor’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The Terms and Conditions of the Agreement, including the Statement of Coverage, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute Your and Our entire understanding with respect to the Agreement.

DEFINITIONS

1. “Agreement” or “Plan” means this Protection Plus Plan, including the Statement of Coverage and all terms, conditions, limitations, and exclusions.
2. “Authorized Servicer” means the repair facility that has been authorized by Us to perform repair services covered under this Plan.
3. “Covered Components” means the individual parts of the Protected Equipment that are covered under the Coverage Option selected by You and identified on the Statement of Coverage, and not excluded or limited by this Agreement.
4. “Coverage Options” means Powertrain only, Powertrain & Hydraulics, Full, Maintenance, and/or Attachment coverage, as more fully described in this Agreement.
5. “Effective Date” means the date You purchase the Plan from a Seller.
6. “Maximum Cumulative Liability” means, for pre-owned Protected Equipment, fifty percent (50%) of the Protected Equipment’s reported retail sale price, as determined by the amount You pay for the Protected Equipment, excluding any license fees, taxes, the cost of this Plan, transportation charges, insurance premiums, and the cost of any option not covered by this Plan. Protected Equipment that is new at the time of purchase of this Plan shall not be subject to a maximum cumulative liability.
7. “Maximum Hours” means the number of hours of usage identified on the Statement of Coverage of the Protected Equipment before coverage expires.
8. “Obligor”, “Administrator”, “We”, “Us” and “Our” means Clark Equipment Company, d/b/a Bobcat Company and d/b/a Doosan Portable Power, located at 250 East Beaton Drive, West Fargo, North Dakota 58078
9. “Protected Equipment” means the equipment identified on the Statement of Coverage that is covered by this Plan.
10. “Seller” means the retail seller of the Protected Equipment and this Plan to You and identified in the Statement of Coverage.
11. “Statement of Coverage” means the statement of coverage attached hereto and incorporated herein, which identifies information about You, the Seller, Plan Term, Purchase Price, Plan coverage, and the Protected Equipment.
12. “You” and “Your” means the purchaser of this Plan identified on the Statement of Coverage.

PLAN COVERAGE

1. COVERAGE: Subject to the terms and conditions of this Plan, We will repair or replace, at our option, the Covered Components that fail under normal use and service due to a manufacturer’s defect in materials and/or workmanship (“Mechanical Breakdown or Failure”), except as otherwise provided herein, before expiration of this Agreement. Parts will be replaced with genuine manufacturer parts and may be new or remanufactured.

You agree to provide the Seller prompt written notice of any defects covered by the Plan and to allow a reasonable time for replacement or repair. We may, at our option, request the return of failed parts to a specified destination.

Coverage under this Plan begins on the Effective Date and will continue (i) for the period indicated on the Statement of Coverage, (ii) until the Maximum Hours have been reached on the Protected Product, or (iii) until the date otherwise specified in the Plan, whichever occurs first (“Plan Term”). The Plan is not intended to restore the entire product to like-new condition. Coverage is limited to the repair or replacement of the failed component and any resulting damaged parts. Other parts removed in the process of repair will be reinstalled as is, unless You authorize the additional cost of replacing such parts at Your expense.

2. COVERAGE OPTIONS: This Plan only applies to the Covered Components of the Coverage Option selected, which are described in this Section 2. Covered Components will include genuine manufacturer or factory installed parts listed in the Coverage Options below as well as related components that perform a similar function.

1. Powertrain Coverage: Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for the components of the Protected Equipment used to produce, control or transmit engine horsepower to propel the Protected Equipment that are listed in the “What’s Covered?” section of the Powertrain Coverage option in the “A Guide to Your Protection Plus Extended Warranty” literature.
2. Powertrain & Hydraulics Coverage:Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for all Covered Components under the Powertrain Coverage, plus components that are listed in the “What’s Covered?” section of the Powertrain & Hydraulics section in the “A Guide to Your Protection Plus Extended Warranty” literature.
3. Full Coverage: Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for all Covered Components listed under the Powertrain & Hydraulics Coverage, plus the components that are listed in the “What’s Covered?” section of the Full Coverage option in the “A Guide to Your Protection Plus Extended Warranty” literature.
4. Maintenance Coverage: Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for genuine Bobcat parts, lubricants and labor for normal, factory-scheduled service internals published in the Protected Equipment’s Operation & Maintenance Manual (“O&M”), including the services listed in the “What’s Covered?” section of the Planned Maintenance Coverage option in the “A Guide to Your Protection Plus Planned Maintenance and Extended Warranty Bundle” literature.
5. Attachment Coverage: Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for the components listed in the “What’s Covered” section of the “Guide to Your Protection Plus Attachment Extended Warranty” literature for new, never-before-sold serialized Bobcat attachments identified in the “Attachment Coverage” section of the “Guide to Your Protection Plus Attachment Extended Warranty” literature.
6. Portable Power Coverage:Subject to the Plan Terms and Conditions, including any applicable exclusions, during the Plan Term, We will provide coverage for components of the Protected Equipment that fail because of defects in the material or workmanship. Coverage is limited to the repair or replacement of the failed component and any resulting damaged parts. Portable Power Coverage does not extend to the following:

1. Vendor components that are warranted direct to the user-purchaser by the manufacturer, including but not limited to Cummins, John Deere, and Kubota, and other non-Doosan Portable Power components.
2. Fuel, hydraulic and lubricating oil, grease, anti-freeze, air and oil filter elements, belts, hoses, tires, and replacement parts as the result of normal use or wear.
3. Deteriorated or failed components, such as electrical wiring and connections, gaskets, hoses, seals and tube lines caused by chemicals, falling objects, dirt, salt and sand, rust, corrosion, excessive heat or moisture.

3. COMPONENTS NOT COVERED: Covered Components for Powertrain Only coverage shall not include the following:

1. Undercarriage Components Not Covered include tracks and sprockets on compact track loaders, mini track loaders and mini excavators; axle seals, tires and rims on skid-steer loaders, Toolcat utility work machines and VersaHANDLER telescopic tool carriers; tie rods; steering cylinders; and brake system.
2. Hydraulic Components Not Covered include the main control valve, valves directly related to the machine work group, loader hydraulic gear pump, cylinders, fan motor, oil coolers, manifolds, joysticks and quick couplers.
3. Engine Attachments Not Covered include the radiator, alternator, starter, water pump, thermostat, air conditioning compressor, flywheel and engine mounts.
4. External Hoses, Lines, Fittings and O-Rings for oil, water and air are not covered (except hydrostatic lines and hoses between the drive pump and motor and emission-specific lines and hoses).

 

4. PLAN TERM & TERMINATION: The Plan may only be purchased through the Seller that sold You the Protected Equipment or directly from the Obligor and shall be effective for the Plan Term. In the event Your Protected Equipment is being serviced when this Agreement expires, the term of the Agreement will be extended until the covered repair has been completed. No additional work orders will be covered. Further, this Agreement shall terminate immediately upon reaching the Maximum Cumulative Liability limit or upon the occurrence of any of the following: (a) the time or Maximum Hours identified in the Statement of Coverage has expired or been exceeded; (b) The Protected Equipment’s hour meter stops working or has been tampered with, or is otherwise rendered inaccurate or inoperative; (c) The Protected Equipment is modified or altered in ways not approved by Us or not in accordance or compliance with factory specifications; (d) Service or repair, other than normal maintenance and/or replacement of consumables, is performed by someone other than the Authorized Servicer or person otherwise approved by Us in writing; (e) The Protected Equipment is moved to a location outside the United States; or (f) the Basic Manufacturer’s Warranty is terminated or voided prior to the original expiration date for any reason

 

5. CANCELLATION: You may cancel this Agreement for any reason at any time. If You wish to cancel Your Agreement within sixty (60) days of receipt of Your Agreement, You can return to the Seller for a full refund, less cumulative Claims paid. If You cancel after sixty (60) days of receipt of Your Agreement, please contact the Seller or customer service in writing to receive a pro-rata refund based on the time or hours (as applicable) expired less a twenty-five dollar ($25.00) cancellation fee or ten percent (10%) of the Agreement purchase price (whichever is less), less the cost of cumulative Claims paid. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium. A 10% penalty per month shall be applied to refunds not paid within thirty (30) days of Obligor’s receipt of Your written notice of cancellation

6. LIMITATION OF LIABILITY: Our maximum cumulative liability over the Plan Term for covered repairs or replacements of Covered Components shall not exceed the Maximum Cumulative Liability. Under no circumstance, will We pay more than the standard published shop labor rate of the Authorized Servicer or more than the retail list price for parts. Note: If any other person is approved by Us in writing to perform repairs on the Protected Equipment, the standard published shop labor rate of the Authorized Servicer shall apply; You shall bear any labor that exceeds this rate. Our labor efficiency determinations are in accordance with the manufacturer’s guidelines and/or Our historical claims data for similar repairs. In the event that labor exceeds the manufacturer’s guidelines and/or Our historical claims data for similar repairs, a detailed explanation will be required with any Claim submission. To the maximum extent permitted by applicable law, Obligor and its employees and agents will under no circumstances be liable to You for any indirect or consequential damages.

7. MAINTENANCE AND RECORDS. You must properly maintain the Protected Equipment and, at Your expense, perform scheduled maintenance in accordance with the O&M for the Protected Equipment. You must maintain records of all scheduled maintenance, repair, or service work completed and must present these records to Us, upon our request, to verify compliance with this condition.

8. CLAIMS SERVICE: IT IS YOUR RESPONSIBILITY TO PROTECT THE PROTECTED EQUIPMENT FROM FURTHER DAMAGE AFTER A MECHANICAL BREAKDOWN OR FAILURE OCCURS. To obtain information on Authorized Servicer locations to obtain Claims Service, contact Us toll-free at 1-800-743-4340, Option 3 or https://www.bobcat.com/secure/forms/contact-customer-service. You must authorize the Authorized Servicer to perform necessary diagnostic or exploratory work so that the Authorized Servicer can provide an accurate diagnosis and estimate of repairs. IMPORTANT: MECHANICAL BREAKDOWN OR FAILURE COVERAGE DOES NOT PAY FOR EXPLORATORY OR DIAGNOSIS CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT. You will be responsible for any charges related to MECHANICAL BREAKDOWNs OR FAILURES not covered by this Agreement, or repair work that is unrelated to the covered MECHANICAL BREAKDOWN OR FAILURE. WE RESERVE THE RIGHT TO INSPECT YOUR COVERED EQUIPMENT PRIOR TO AUTHORIZATION OF REPAIRS. You must consent to all repairs made under this Agreement. Either You or the Authorized Servicer may be asked to provide proof of such consent at the time of Claim submission. Claims must be submitted by the Authorized Servicer within thirty (30) days of Mechanical Breakdown or Failure. All repairs must be authorized by Us prior to performance of work. Claims on unauthorized repairs may be denied. Coverage hereunder is exclusively limited to the model and serial number shown on the Statement of Coverage. You are responsible for confirmation of the accuracy of this information by comparing it to the information affixed to the Protected Equipment. You must notify the Obligor in writing immediately if any errors, omissions or discrepancies exist between the label and the model and serial number shown on the Statement of Coverage. Failures stemming from improper maintenance are not covered. Claims submitted for failed components of systems that require routine oil changes must be accompanied by maintenance records in order to substantiate that the failure occurred due to a manufacturer defect in materials and/or workmanship.

9. DEDUCTIBLE (IF APPLICABLE): For each Protected Equipment Mechanical Breakdown or Failure covered by the Plan, You must first pay the Deductible (if applicable), indicated on the Statement of Coverage. Once the Deductible has been paid for a Protected Equipment Mechanical Breakdown or Failure (if applicable), subsequent work, performed under the Plan to repair or replace the original repair or replacement, will not be subject to additional deductibles.

10. CHANGES: These Plan Terms and Conditions contains all of Your rights and responsibilities for coverage to apply. NO AUTHORIZED SERVICER, SELLER, OR ANY OTHER PERSON, INCLUDING US, MAY AMEND OR CHANGE THE TERMS, CONDITIONS, LIMITATIONS OR EXCLUSIONS OF THIS PLAN IN ANY WAY.

EXCLUSIONS

Unless otherwise expressly covered under one of the covered options or noted by exception for promotional purposes from us, This Agreement does not apply to THE FOLLOWING UNLESS REQUIRED BY applicable LAW:

(1) FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS OR RECOMMENDATIONS;

(2) ANY INSURABLE RISK TYPICALLY COVERED BY INSURANCE, REGARDLESS OF WHETHER THE INSURER HONORS SUCH COVERAGE, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, FIRE, HAIL, EARTHQUAKE, FLOOD OR WATER;

(3) FIRE, THEFT, VANDALISM, RIOT, WEATHER RELATED CAUSES OF LOSS OR DAMAGE, EXPLOSION, CHEMICALS, SALT, ACCIDENT, MISUSE OR INTENTIONAL DAMAGE, COLLISION, WAR, TERRORISM, STRIKE, CIVIL COMMOTION;

(4) ANY INVOICE PRESENTED TO US FOR PAYMENT FOR SERVICES NOT PERFORMED AS DESCRIBED AT THE TIME OF AUTHORIZATION;

(5) IMPROPER START-UP OR SHUT-DOWN PROCEDURES;

(6) DAMAGE TO OR FROM IMPLEMENTS, ACCESSORIES OR ATTACHMENTS USED IN CONJUNCTION WITH THE COVERED EQUIPMENT;

(7) THE COST OF REMOVING ATTACHMENTS;

(8) DETERIORATION DUE TO IMPROPER STORAGE;

(9) DAMAGES FROM INCORRECT (fuelthat does not confirm to fuel standards as outlined in the operation & maintenance manual) OR CONTAMINATED FUEL;

(10) CONSEQUENTIAL AND INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, FINES, LOST CONTRACTS, LOSS OF INCOME, LOSS OF PROFITS OR LOSS OF VALUE OF CROPS;

(11) RENTAL CHARGES FOR LOANER OR SUBSTITUTE EQUIPMENT DUE TO A COVERED MECHANICAL BREAKDOWN OR FAILURE;

(12) TUNE-UPS;

(13) SAFETY CONSTRAINT SYSTEMS;

(14) DAMAGES FROM OPERATION WITHOUT ADEQUATE LUBRICATION OR FLUIDS;

(15) EXCEPTED AS EXPRESSLY SET FORTHIN THIS AGREEMENT ,ROUTINE MAINTENANCE AND ITEMS INTENDED TO BE PERIODICALLY REPLACED BY THE PURCHASER DURING THE COVERED EQUIPMENT’S LIFE, INCLUDING BUT NOT LIMITED TO BATTERIES, BRAKES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, BLADES,

BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, CLUTCH COMPONENTS, CONSUMABLES, ETC.;

(16) BREAKDOWN OR DAMAGE TO A COVERED COMPONENT CAUSED BY A DEFECT IN A NON-COVERED COMPONENT;

(17) COVERED EQUIPMENT THAT HAS BEEN ALTERED OR MODIFIED BY UNAUTHORIZED SERVICE, INCLUDING BUT NOT LIMITED TO, REBRANDING, PAINTING OR PHYSICAL CHANGES;

(18) PRODUCTS THAT HAVE BEEN USED IN CONJUCTION WITH ANY ILLEGAL ACTIVITY;

(19) PRODUCT RECALL;

(20) LABOR RATE INCREASES IN EXCESS OF THE AUTHORIZED SERVICER’S STANDARD PUBLISHED LABOR RATE;

(21) COSTS INCURRED FOR SERVICE CALLS;

(22) SHOP SUPPLIES, INCLUDING BUT NOT LIMTIED TO, FLUIDS AND TOWELS;

(23) DEPRECIATION OR DIMINISHED VALUE;

(24) ANY NORMAL WEAR AND TEAR;

(25) PARTS NOT ESSENTIAL TO THE BASIC OPERATION OF THE COVERED EQUIPMENT, SUCH AS PARTS PROVIDED PRIMARILY FOR AESTHETICS OR FOR THE COMFORT OF THE USER, INCLUDING, BUT NOT LIMITED TO, KNOBS, SEAT COVERS, CARPET, MATS OR PLASTICS;

(26) SCRATCHES, PAINT PEELING OR DENTS;

(27) ENVIRONMENTAL CHARGES, INCLUDING BUT NOT LIMITED TO, DISPOSAL AND HANDLING FEES;

(28) RETROFITTING OR RECONDITIONING COSTS ASSOCIATED WITH THE COVERED COMPONENTS;

(29) DAMAGE TO A MOWING DECK CAUSED BY A LOOSE OR UNBALANCED BLADE;

(30) MECHANICAL BREAKDOWN OR FAILURE DUE TO UNAUTHORIZED REPAIRS AND/OR REPLACEMENTS;

(31) CHARGES OR DAMAGES DURING INSTALLATION, SET-UP, DIAGNOSTICS, EXPLORATION, PREP, CLEANING, REMOVAL OR REINSTALLATION OF THE COVERED COMPONENTS, EXCEPT AS PROVIDED HEREIN;

(32) FAILURE TO MEET ANY GOVERNMENT REGULATIONS OR EMISSION REQUIREMENTS UNLESS THE COMPLIANCE ISSUE IS THE RESULT OF THE MECHANICAL BREAKDOWN OR FAILURE OF A COVERED COMPONENT;

(33) LIABILITY RESULTING FROM DAMAGE TO OTHER PROPERTY, INJURY TO ANY PERSON OR THE ESCAPE, RELEASE, OR DISCHARGE OF ANY POLLUTANTS OR WASTE;

(35) LACK OF PROPER MAINTENANCE;

(36) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCURED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT;

(37) SERVICE WORK THAT FINDS NO COVERED “MECHANICAL BREAKDOWN OR FAILURE” OR ISSUES WITH THE COVERED EQUIPMENT;

(38) TRIM OR WEATHER STRIPPINGS;

(39) ANY MECHANICAL BREAKDOWNS OR FAILURES REPORTED AFTER EXPIRATION OF THIS AGREEMENT;

(40) BATTERY LEAKAGE;

(41) ANY COMPONENTS WITH ACTIVE COVERAGE UNDER THE BASIC MANUFACTURER’S WARRANTY, REGARDLESS OF WHETHER THE MANUFACTURER HONORS SUCH WARRANTY;

(42) RUST OR CORROSION;

(43) REPAIRS OR REPLACEMENT DUE SOLELY TO A NOISE OR ODOR COMPLAINT;

(44) DAMAGE DUE TO POWER SURGES, IMPROPER POWER SUPPLY OR ELECTRICAL CURRENT FLUCTUATIONS;

(45) ANY CLAIM OCCURING OUTSIDE OF THE UNITED STATES OF AMERICA, INCLUDING THE DISTRICT OF COLUMBIA, OR CANADA.

(46) TRANSPORTATION/TOWING/HAULING COSTS, FIELD SERVICE TRAVEL EXPENSES, OR FREIGHT & ASSOCIATED TAXES (UNLESS OTHERWISE NOTED BY EXCEPTION FOR PROMOTIONAL PURPOSES FROM OBLIGOR);

(47) DEALER-INSTALLED KITS AND OPTIONS WHICH CARRY THEIR OWN SPECIFIC WARRANTY TERMS;

(48) COMPONENTS THAT HAVE THEIR OWN STAND-ALONE WARRANTY COVERAGE PERIOD WHERE SUCH COVERAGE IS LESS THAN THE PROTECTION PLUS EXTENDED WARRANTY PLAN COVERAGE, SUCH AS HYDRAULIC QUICK COUPLERS.

MISCELLANEOUS

13. Applicable Law: The sale of the Agreement is complete, and its terms and conditions are in effect only upon receipt and acceptance of the Statement of Coverage and the issuance of the Agreement by Obligor.
    If You are in the United States (as listed in the Statement of Coverage): The Agreement, its terms and conditions, and all transactions contemplated by this Agreement (including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement) are subject to and shall be construed in accordance with the laws of the state of Delaware excluding any choice of law rules that may direct the application of the laws of another jurisdiction.
    If You are in Canada (as listed in the Statement of Coverage): The Agreement its terms and conditions, and all transactions contemplated by this Agreement (including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement) are subject to and shall be construed in accordance with the laws of Your province of territory, as noted in the Statement of Coverage, excluding any choice of law rules that may direct the application of the laws of another jurisdiction.
14. Renewal AND TRANSFERABILITY: This Agreement may be renewed in Our discretion at the expiration of its term. If We offer to renew this Agreement, the renewal term and price quoted will reflect the age, hours and condition of the Covered Equipment and the prevailing service cost at the time of the renewal. This Agreement may be transferred by You for the balance of the Plan Term. The Plan will apply only to the Protected Equipment described in the Statement of Coverage. If You sell the Protected Equipment to a new owner, any remaining coverage under this Plan will apply to the subsequent owner. This Agreement may be transferred by contacting an Authorized Servicer and paying a $100.00 transfer fee. Transfer coverage shall be effective when We receive written notice of such transfer from the Authorized Servicer.
15. Territory: The Coverage afforded under this Agreement only applies to Claims occurring within Canada, the United States of America, including the District of Columbia.
16. SUBROGATION: You agree that We, after paying a Claim relating to Your Agreement, have all rights of subrogation against those who may be responsible for Your Mechanical Breakdown or Failure. You shall do whatever is necessary to secure such rights on Our behalf. You shall do nothing to prejudice such rights and You shall execute and deliver to Us instruments and papers required to either secure or maintain such rights. All amounts recovered by You, for which You were previously reimbursed under this Agreement, shall become Our property or the property of Our designee and shall be forwarded to same by You, up to the total amount paid by Us under this Agreement.
17. Subject to applicable law:
    Arbitration: IMPORTANT, PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS. This Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Agreement (including the cost of, lack of or actual repair or replacement arising from a breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the breakdown occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the state of Delaware (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement.

Subject to applicable law, if you are in Canada (as listed in the Statement of Coverage), In the event that any dispute arises among the parties with reference to this Agreement or any matter arising hereunder and upon which the parties cannot agree, then such dispute shall be referred to arbitration in accordance with the following:

(a) The arbitration shall be conducted by a single arbitrator agreed upon by the parties, or if they are unable to agree, an arbitrator appointed by the Court in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 or any successor legislation enforced in the Province of Ontario from time to time.

(b) The seat and place of the arbitration shall be Toronto, Ontario.

(c) The arbitration shall be conducted in the English language and in accordance with the Arbitration Rules of the ADR Institute of Canada.

(d) The arbitration shall be private and confidential, and any and all information exchanged and disclosed during the course of the arbitration shall be used only for the purposes of that arbitration.

(e) Any interim or final decision of the arbitrator will be final and binding upon the parties and is not subject to appeal, including on questions of law.

IF YOU ARE IN THE UNITED STATES (AS LISTED ON THE STATEMENT OF COVERAGE)

STATE SPECIFIC PROVISIONS

The following state specific terms and conditions will control if inconsistent with any other provision of this Plan:

Connecticut: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the Obligor of this Agreement by mailing a written complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair and a copy of this Agreement.

Florida: If You cancel this Agreement, You will receive a pro-rata refund based upon ninety percent (90%) of the unearned pro-rata premium less the cost of any claims paid or repairs made on Your behalf. If We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro-rata premium. The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. The laws of the State of Florida will govern this Plan and any dispute arising under it.

Georgia: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro-rata refund of the Agreement price. We may not cancel this Agreement except for fraud, material misrepresentation, or nonpayment by You. If we cancel this Agreement, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Obligor will mail You a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agreement will affect Your right to make a Claim directly against Obligor if we fail to pay any valid Claim within sixty (60) days. This Agreement and its terms and conditions are subject to and shall be construed in accordance with the laws of the state of Georgia excluding any choice of law rules that may direct the application of the laws of another jurisdiction and enforced according to the laws of the state of Georgia.

Michigan: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.

Nevada: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. If You cancel this Agreement within twenty (20) days after Your receipt of this Agreement and You have not made a claim under this Agreement, You are entitled to a full refund of the Total Price as specified on the schedule for this Agreement. If You cancel this Agreement any time after twenty (20) days after Your receipt of this Agreement or if You cancel this Agreement and have made a claim at any time under this Agreement, You are entitled to a refund of the unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the Total Price as specified on the schedule for this Agreement. We may cancel this Agreement for any reason within seventy (70) days after Your receipt of this Agreement. We may cancel this Agreement thereafter only if: (a) You fail to pay an amount when due; (b)You are convicted of a crime that results in additional service under this Agreement; (c) It is discovered that You committed fraud or made a material misrepresentation in obtaining this Agreement or submitting a claim; (d) It is discovered that You engaged in an act or omission, or violated a condition of this Agreement, after the date of this Agreement which substantially and materially increases the service due under this Agreement; or (e) A material change occurs to the nature or scope of the service that causes it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If We cancel this Agreement as provided above, We will send You written notice at the address indicated in Our records. The notice will include the effective date of the cancellation, which will not be less than fifteen (15) days after the date We send You the notice of cancellation. In addition, You will be entitled to a refund of the unearned premium calculated on a pro rata basis. If We fail to deliver to You within forty-five (45) days any unearned premium to which You are entitled as provided above, You will be entitled to an additional amount equal to ten percent (10%) of the Total Price as specified on the schedule for this Agreement for every thirty (30) days such refund is delayed beyond the forty-five (45) days period.

New Hampshire: In the event You do not receive satisfaction under this contract, You may contact the New Hampshire insurance department, by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.

Oregon: Arbitration is only binding if elected by mutual agreement at the time a Dispute arises. You have the option to litigate any dispute between You and Us in court.

South Carolina: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number (803) 737-6180. This Agreement and its terms and conditions are subject to and shall be construed in accordance with the laws of the state of South Carolina excluding any choice of law rules that may direct the application of the laws of another jurisdiction.

Tennessee: The Agreement Term shall be extended the number of days You are deprived of the use of the Covered Equipment because the Covered Equipment is in repair plus two (2) additional workdays.

Texas: We may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty You holder relating to the Protected Equipment or its use. You may address any unresolved complaints or contract regulation question to the TX Dept. of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.

Virginia: If You purchased the Plan in this state, if any promise made in the contract has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

Washington: Any civil actions and/or arbitration proceedings arising from disputes under the terms and conditions of the Agreement are subject to the general jurisdiction of the courts in the State of Washington. This is not a contract of insurance. The Seller is not a party to this Agreement.

Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation of this agreement, Obligor will mail a written notice to the agreement owner at the last known address of the agreement owner contained in the records of the Obligor at least five (5) days prior to cancellation by the Obligor. Such notice shall state the effective date of the cancellation and the reason for the cancellation per the written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming. You have the option to litigate Disputes between You and Us in court. In the event of cancellation of this Agreement, Obligor will mail a written notice to You at Your last known address contained Our records at least (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is non-payment of the provider fee, a material misrepresentation by You to the Obligor, or a substantial breach of duties by the Owner relating to the covered product or its use.

Wyoming: Arbitration can only be final and binding if agreed to by the parties involved and in a separate written Agreement.

 

Privacy Policy

Shop.bobcat.com Privacy Policy

This Privacy Policy was last updated and effective as of October 14, 2022. This Privacy Policy applies only to https://shop.bobcat.com/

Welcome to the Privacy Policy for Bobcat Company (“we” or “us” or “Bobcat”) web site located at https://shop.bobcat.com/ (this “Web Site” or “shop.bobcat.com”). We appreciate your interest in this Web Site and other linked sites. This Privacy Policy describes how we may collect, use, share, and keep information we get about you.

General Disclaimer and Updates to this Privacy Policy

We take the privacy of your personal information very seriously.  While visiting this Web Site, we will not collect any personal information about you unless you choose to provide that information.  Any personal information collected will only be used in accordance with this Privacy Policy. Please review this entire Privacy Policy carefully.  We remind you that if you visit a link outside of shop.bobcat.com, then you are subject to the privacy policies of that other website, and Bobcat has no control over the information that may be collected from you by another website.

We may revise this Privacy Policy over time. If we make material changes, the changes will only be posted on this Web Site and we will update the “Effective Date” at the top of this page. Please check shop.bobcat.com from time to time for the most current version of our Privacy Policy.

Information Collected and Stored Automatically

Bobcat's web servers automatically collect usage information from you when you visit shop.bobcat.com. Web Site usage information informs us about how our visitors use and navigate this Web Site.  This information helps us give you the best possible experience.  For each page that you visit on shop.bobcat.com, we may collect and store the following information:

• the number of visits, including the date and time of access to shop.bobcat.com;
• the URL address of the shop.bobcat.com webpage visited;
• the length of time you stay on a webpage;
• your Internet Protocol address;
• name and contact information, including email address;
• demographic information such as age, gender, postal code, preferences, and interests; and
• other information relevant to customer surveys and/or offers.

This data informs us about the number of visitors to this Web Site and the type of technology our visitors use.  

Additionally, certain pages of this Web Site may use cookies and clear graphics interchange format images (“GIFs”) to track and store your information for the purposes described in this Privacy Policy.  This allows us to recognize you as a registered user if you return to shop.bobcat.com using the same computer and browser.  

A “cookie” is a tiny element of data that this Web Site can send to your browser, which may then be stored on your hard drive so that the Bobcat server can recognize you when you return. Websites, including ours, use cookies to track activities (such as pages visited, links clicked) so that more customized features can be provided when the website user returns. Instructions on how to erase cookies or block this information from your computer is provided at the link below.

We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics has many different features, each of which may use data in different ways.  We have enabled the following features offered by Google Analytics:

• GA3: demographics reports
• GA4: detailed user data on demographics reports

Google Analytics uses cookies to help us analyze how you use shop.bobcat.com. The information generated by the cookie about your use of this Web Site (including your IP address) will be transmitted to and stored by Google on servers owned by Google. Google will use this information for the purpose of evaluating use of shop.bobcat.com, compiling reports on Web Site activity for Web Site operators, and providing other services relating to Web Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on Google’s browser such as Ads Settings, Ad Settings for mobile applications, or by any other available means, such as the Network Advertising Initiative consumer opt-out page located at https://thenai.org/opt-out or Global Privacy Control, located at https://globalprivacycontrol.org.

To find out more information about Google Analytics, including information about its privacy policy, please visit https://support.google.com/analytics/answer/6004245?hl=en. 

If you use Google Chrome, Mozilla Firefox, Apple Safari or Microsoft Edge as your web browser and would like to prevent your data from being used by Google Analytics, you may download and install the Google opt-out add-on for your web browser located at https://tools.google.com/dlpage/gaoptout.

To learn more about how to disable cookies in your browser, please visit https://www.usa.gov/optout-instructions.shtml.

Information Collected From You

On the shop.bobcat.com website, you may be asked to voluntarily submit personal information such as your first and last name, company name, email address, phone number, fax number and address.  This may occur if you intend to access certain areas of the bobatparts.com website.  You may also be asked to establish a login name and password in order to access certain areas of shop.bobcat.com.  If you forget your password, you may request to reset your password.  In these cases, all information voluntarily submitted by you is retained by us and is used only for the express purpose for which it is provided and in accordance with this Privacy Policy. 

Your Ability to Choose

The information collected from you helps us communicate with you to provide information, products, and services that you have requested. It is your choice to send us these requests. Through your internet browser, you may have the option to reject this Web Site’s cookies and still use this Web Site. You may always opt out of receiving marketing emails by following the instructions on the marketing email that you receive from us.

How We Use and Share Your Information

We may combine the personal information that you provide us with other information about you that is available to us, including information from other sources (e.g. offline data or data obtained from third parties). The ways that we may use your information include:

• to respond to your specific inquiries;
• to troubleshoot any issues with respect to your use of shop.bobcat.com;
• to provide you with information on products and services, either on a personalized or aggregate basis; and
• to give shop.bobcat.com editors anonymous, aggregate information that is useful for developing new features and products for our visitors and to improve the content and navigation on shop.bobcat.com.

We may share your personal information with trusted third parties such as dealers, our third party website developer, and internal marketing administrators for the purposes described in this Privacy Policy. 

We may also disclose information to respond to legal requirements or requests, enforce our policies, and protect the rights, property and safety of Bobcat. Such information will be disclosed in accordance with applicable laws and regulations.

We will disclose information to law enforcement, governmental agencies, or third-parties authorized by law, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Web Site user to legal liability.  We may disclose your personal information, any communications sent or received by you, and any other information that we may have about you to prevent, investigate, identify persons or organizations potentially involved in activity that appears to us to be illegal, or that we believe may expose us to legal liability. Additionally, we may disclose personal information in situations that we believe to be emergencies involving potential threats to the physical safety or any person or property if we believe that the information in any way relates to that threat. In such events, we will disclose any information that is relevant and necessary to the investigation or to prevent injury or illegal activity.

In the event we are engaged in or contemplating a merger or other corporate acquisition with another business entity, personal information may be disclosed to and would likely be acquired by the other business entity.

Children

We care about the safety and privacy of children online, and we comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  COPPA and its accompanying regulations protect the privacy of children using the Internet. This Web Site is directed towards adults and we do not knowingly contact, market online to, or solicit information of any kind from children under the age of 13.

Bobcat does not:

• knowingly collect, use, or disclose information from children under the age of 13;
• have actual knowledge that it is collecting, using, or disclosing personal information from children under 13; or
• have actual knowledge that it is collecting personal information directly from users of another website or online service directed to children under the age of 13.

If we are notified that information pertaining to a child under 13 was collected unintentionally or by fraud or by deception, then as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers.  If you want notify us of our receipt of information by a child under the age of 13, then please do so by sending an e-mail to shop@bobcat.com.

Your Canadian Privacy Rights

If you are a Canadian resident, you have the right to request access to, correct, amend, delete, port to another service provider, restrict, or object to certain uses of your personal information (for example, direct marketing). We will not alter our service level or charge you more if you exercise any of these rights. 

Please note that before we can respond to any requests relating to your personal information, we verify your identity before we respond. In order to do so, we may use a third party to collect and verify identification documents.

In the event you are not happy with our response to a request, you may contact us directly. You also have the right to contact your local data protection or privacy authority at any time.

Your California Privacy Rights

The information included in this section applies to residents of California.  If you have questions about this Privacy Policy, including anything in this section for California residents, please contact us at 1-844-926-2228 or by email at shop@bobcat.com.

To the extent that we collect personal information that is subject to the California Consumer Privacy Act (“CCPA”), that information, our practices, and your rights are described below.  For details on the personal information we collect about California residents, the sources of that information, our business or commercial purposes for collecting that information, and the third parties with whom we share that information, please refer to the corresponding sections of this Privacy Policy as follows:  Information Collected and Stored Automatically, Information Collected From You, and How We Use and Share Your Information.

If you are a California resident, you have certain rights, pursuant to the CCPA. These CCPA rights may only apply in certain circumstances and are subject to certain exemptions. Please see the information below for a summary of your rights, how to exercise your rights and the information we require in order to respond to your requests. Please note that we may ask for certain information to verify the request in accordance with applicable law.

• Right to Know – You have the right to request that we disclose what personal information we collect, use, disclose and/or sell about you. To protect our customers’, we are required to verify your identify before we can act on your request.
• Right to Delete. You have the right to delete personal information that we collect or maintain about you. To protect our customers’, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

• Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any of your CCPA rights. However, we may offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know or right to request deletion in accordance with applicable law.

To exercise your rights, please submit your request through one of the following means:

• By calling us at 1-844-926-2228
• By emailing us at shop@bobcat.com
• By mailing to us at 3901 Morrison Ave. Bismarck, ND 58504

Virginia and Colorado Residents

Residents of Virginia and Colorado have certain statutory rights regarding the collection and use of their personal information.  In addition to the general information contained in our Privacy Policy, you may have certain additional rights as listed below:

• Right to Know and Access. You have the right to request that we disclose the personal information we collect, use, disclose and/or sell about you. To protect our customers’, we are required to verify your identify before we can act on your request.
• Right to Correct and Delete. You have the right to correct any incomplete or incorrect personal data that we have collected or to delete personal information that we collect or maintain about you. To protect our customers’, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
• Right to Opt Out. You have the right to opt out of receiving marketing communications from us at any time. We have provided three different ways you may contact us to exercise your opt out rights.

Email:

We periodically send out emails and email newsletters informing you of company events, new products and exciting developments within our company. You can unsubscribe from them by following the “unsubscribe” instructions near the bottom of the email. You can also contact us by any of the methods at the end of this section.

Mail or Telephone Promotions:

You can ask us to delete you from our customer mailing or phone lists. You can also ask us to not share your information with third parties for marketing purposes. To do so, contact us by any of the methods at the end of this section.

Push Notifications:

You can opt out any time by adjusting your device settings, uninstalling our app or contacting us by any of the methods at the end of this section.

Text Messages:

You can opt out of text alerts any time by replying “STOP,” or by contacting us by any of the methods at the end of this section.

We complete any opt-out request as quickly as we can. This opt-out request won’t prohibit us from sending you important nonmarketing notices, such as product safety notices.

To exercise your opt out rights, please submit your request through one of the following means:

• By calling us at 1-844-926-2228
• By emailing us at shop@bobcat.com
• By mailing to us at 3901 Morrison Ave. Bismarck, ND 58504

 Safeguarding Your Information

We utilize reasonable security measures designed to secure your information. For instance, your personal information is stored on servers that are password and firewall-protected.  Access to this information is limited to those employees and independent contractors with a need to know and only for the purposes identified in this Privacy Policy. We maintain safeguards intended to protect the security, integrity, and privacy of these servers and of your personal information. While we have implemented reasonable security measures to safeguard personal information, please keep in mind that "perfect security" does not exist on the Internet.

You are responsible for keeping your login name and password confidential and are responsible for all actions taken with your login name and password. If you believe that your password has been compromised for any reason, then you should immediately contact us and change your password.

Some of the pages on shop.bobcat.com use security measures to protect against the loss, misuse, or alteration of information under our control.  When credit card information or other sensitive information is transmitted we use Secure Socket Layer (“SSL”) encryption.

Third Party Links

We use some social media tools and websites to interact with our customers.  There may be links to these other websites on shop.bobcat.com. For example, we allow you to link to Facebook, Twitter, and various other social media sites from this Web Site. We have no control over these linked websites and they each have separate privacy and data collection practices that are independent of Bobcat. Some of these privacy policies are listed below:

• Facebook: https://www.facebook.com/legal/FB_Work_Privacy
• Twitter: https://twitter.com/en/privacy
• YouTube: https://www.google.com/intl/en/policies/privacy/

When you follow a link to another site, you leave shop.bobcat.com and your interactions are no longer protected by shop.bobcat.com’s Privacy Policy.  We do not endorse the privacy or security practices of other websites.  Our Privacy Policy does not cover the information practices of other companies and organizations.

Additionally, certain social media websites and other websites may track your browsing activity across this Web Site as well as across other sites that you visit.  We strongly encourage you to read the policies of any third party website when deciding whether or not to use it.  

Contact Information

Bobcat has procedures to help you make sure that your information is accurate, current and complete. If you desire to correct any such information or if you have any questions or comments regarding this Privacy Policy, please contact us.