Service Commitment Terms & Conditions

Terms and Conditions. The terms of this Service Commitment Back to Work Program (“Program”) are applicable to Customer Value Agreements (“CVA”) entered into between John Fabick Tractor Company (“Fabick”) and the customer to the applicable CVA (“Customer”).

1. Program Overview

The Program is designed to guarantee next-day parts availability (by the agreed upon parts order Need By date) for certain Cat machines covered under a CVA and two-day service completion (by the agreed upon work order Promise Date) for eligible Cat machines under a CVA with labor. The Cat machines to which this Program are specified in Section 8 hereof.

2. Eligibility

CVA Registration: Only CVAs meeting the minimum definition set forth in Section 4 below and registered in Caterpillar’s Foresight system qualify. For Service Completion Commitment, only CVAs with labor included as described in Section 11 below qualify for Service Completion Commitment.

3. Dealer Service Territory:

Services Completion Commitment is valid only within the dealer service territory where the CVA was registered. If a machine moves into a new territory, continued eligibility in the receiving dealer’s service territory is dependent on registration of a new CVA with that dealer.

4. Minimum definition of a CVA

Minimum Requirements to Qualify as a Cat CVA for Reporting Purposes

Note: additional elements may be required to effectively execute the agreement.

5. CVA Start or Renewal Date:

To be eligible for the Program, the CVA has to have a CVA start date or renewal date on or after 1/1/2026.

6. Component CVAs are excluded from this program.

7. CFAS CVA:

If the Customer’s CVA was a Cat Customer Value Agreement purchased by the Customer from Cat Financial through another Caterpillar dealer in North America or Canada, the Customer must inform Fabick that the serial number has a CFAS CVA at the time of the parts purchase or service request in order to be covered by the Program.

8. List of Eligible Cat Machine Models in Scope

Eligible Cat Machine Models shall mean the Cat machines listed below. Caterpillar may update this list from time to time.

9. “CI Customer”

“CI Customer” means a customer identified as a Construction Industries customer. Customers identified as Resource Industries or Energy & Transportation are excluded from the offering.

Construction Industries

• AG-Agricultural
• EQ-Equipment Services
• FY-Forestry
• GV-Government (Public Services)
• IM-Industrial
• LG-Large Contractor
• LL-Local Contractor
• PL-Pipeline
• QA-Quarry & Aggregates
• WA-Waste

Resource Industries

• MN-Mining

Energy & Transportation

• EP-Electric Power
• CS-Commercial Services
• IN-Industrial Engines
• MA-Marine
• PE-Oil & Gas
• ST-Surface Transportation Services
• ST-Rail

10. Work Tool Repairs Excluded

Work tool repairs are excluded from this program, even if attached to a machine with a qualifying CVA.

11. “CVA with Dealer Labor”

“CVA with Dealer Labor” means an active CVA where dealer labor is to perform service / component code of PM intervals (Perform / PM1,2,3,4 – component codes ”75xx”) on individual work orders. Applicable to the level of service being performed (per SIS), dealer labor should be executing removal and installation of filters (installing parts), any applicable oil/fluid exchange, taking scheduled oil samples (SOS) for all compartments, and providing an inspection via Cat Inspect. The registration of a CVA with Dealer Labor means that the above is applicable and in the Foresight tool and the labor box is checked as included.

12. List of Cat Parts in Scope

The Cat parts included within the Program are those listed under the “Covered Parts List” located at https://catdealer.com/services-commitment as such list may be modified from time to time, which currently include, but are not limited to, the parts listed below.

Maintenance (filters and belts) and Common Repair Parts including 100K+ parts customers typically need to get equipment back up and running.

Notes / Exclusions

• Excludes inventory and bulk orders and parts such as track groups and assemblies, blocks and piston packs, non-mechanical brackets and fenders, and Yellowmark parts
• Based on TDA (Territorial Dealer Availability) parts list

13. Excluded Parts

The following Cat parts will be considered excluded from the Program:

1. Inventory or Bulk Orders
2. Cat parts considered by Caterpillar as Made as Ordered Items.
3. Discontinued Cat parts.
4. Cat parts ordered by participating Cat dealers under rental fleet CVAs.
5. Parts already covered through Caterpillar Warranty or EPP.
6. Any Cat parts not included in the list of Cat parts within the scope of the Services Commitment Program listed in Appendix 2 of this guidebook.
7. Parts such as track groups and assemblies, blocks and piston packs, non-mechanical brackets and fenders, and Yellowmark parts.
8. Planned replacement/overhaul parts, non-mechanical parts and highly customized parts.
9. The following categories of Cat parts:
   

   DT Components	Brakes – Friction Material – Plates
   	DT Housings and Cases
   	Reman Major Components DT
   Engine Overhaul Components	Cylinder Heads and Pieces
   	Cylinder Packs and Pieces
   Replacement Engines, Long & Short Blocks	All
   GET	Adapters and Base Edges
   	Work Tool Parts
   Structural Components	Dealer Service Tools
   	Hand Tools
   	Major Structural
   Electronics	E&T Upgrade and Machine Electric Drive
   	Machine Price List
   UC	Non-Major Moving UC
   	Link Assemblies and Track Groups
   Seals, Tubes & Hardware	Hydraulic Tubes
   ALL AMOs	Work Tool Parts

14. Modification of Scope

Caterpillar reserves the right to modify the list of Cat parts within the scope of the Services Commitment Program any time, without prior notice. Parts ordered via Ecommerce platforms that are entered after the Caterpillar Parts Distribution center cut-off order times are not eligible for credits under the Program.

15. Each CI Customer Order can only capture one Eligible Cat Machine Model serial number.

If parts are needed for multiple Eligible Cat Machine Models, then several orders must be placed, one for each serial number.

16. Force majeure.

Neither Fabick nor Caterpillar, nor their respective affiliates, or any of their or their affiliates’ respective licensors, service providers, subcontractors, suppliers, or distributors will be responsible for, and no Cat Credits will be provided hereunder to the extent, any delays in delivery of Cat parts or service for which Fabick offered Parts Availability Commitments or Service Commitments, to the extent such delays result from any cause beyond Fabick’s or Caterpillar’s or their respective affiliates’ or their or their respective licensors, service providers, subcontractors, suppliers, or distributors’ reasonable control, including natural disasters, fires, blockages, embargoes, explosion, earthquake, storms, floods or other elements of nature, acts of terrorism, wars or other hostilities, riots or other civil commotion, epidemics, quarantine orders, government requirements, other acts of any governmental, civil or military authorities, acts of God, strikes, labor disputes or other industrial disturbances, delay or unavailability of transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources, systemic electrical, telecommunications or other utility failures.

17. Expiration of Cat Credits.

The Cat Credits issued under the Services Commitment Program will expire 2 years after being issued by Caterpillar Financial Commercial Account Corporation (“CFCAC”).

18. Issuance of Cat Credits

The Cat Credits will be issued by CFCAC on behalf of Fabick for unmet Parts Availability or Service Completion Commitments.

1. Terms and Conditions for Cat Credits. The terms and conditions for the issuance and use of the Cat Credits which can be found at Terms & Conditions | Cat | Caterpillar and Cat Credits | Cat | Caterpillar shall apply to the Cat Credits issued under the Services Completion Commitment Program.
2. Cat Credits may be used to purchase parts, services, sales, rental, and work tools at a participating Cat dealer or Cat Rental store, or any other vendor who accepts Cat Credits in the country in which the Cat Credit is issued.
3. Cat Credits may not be used to purchase new machines.
4. Cat Credits may not be used to purchase items for personal, family, or household use.
5. Cat Credits will be issued for an amount that is based only on the actual price of the Cat part(s) paid by the CI Customer, excluding taxes and any other fees, charges, or costs.
6. Cat Credits must be used towards a valid, in form and substance, invoice number and all other alphanumeric identifiers purporting to comprise a part of the transaction record. They may not be used towards or applied against a Cat dealer house account balance.

19. For new or renewed parts-only CVAs, including CFAS CVAs:

Parts Availability Commitment made to the CI Customer for the Eligible Cat Machine Models to have the Maintenance, Wear, or Common Repair Parts available at the Cat dealership ready for pick-up by the CI Customer, by the end of business on the Order Need-By-Date (as entered in the Fabick ERP System), or by the next day if no Order Need-By-Date is entered.

If the Parts Availability Commitment is not met, Fabick will have CFCAC issue Cat Credits in favor of the CI Customer for the lesser of the rice paid by the CI Customer for the specific Maintenance, Wear, or Common Repair Part(s) (excluding all taxes or other fees) that was(were) not ready for pick-up by the CI Customer in time as per section a. above or US $1,000 per invoice, provided the Maintenance, Wear, or Common Repair Part(s) that were not ready for pick-up in time are not already covered through Caterpillar Warranty or an Equipment Protection Plan (EPP).

20. For new or renewed CVAs with Dealer Labor, including CFAS CVAs:

1. A Parts Availability Commitment made to the CI Customer for the Eligible Cat Machine Models to have the Maintenance, Wear, or Common Repair Parts available at the Cat dealership ready for pick-up by the CI Customer, by the end of business on the Order Need-By-Date (as entered in the participating Cat dealer’s ERP System), or by the next day if no Order Need-By-Date is entered.
2. A Service Completion Commitment made to the CI Customer for the Eligible Cat Machine Models to have Service completed for each Service Event: by the end of business on the Planned Completion Date (Promise Date) as entered in the participating Cat dealer’s system, or by the end of the second business day after the Customer authorizes service if not Planned Completion Date is entered.
3. If the Parts Availability Commitment described in section a above is not met, the participating Cat dealer that made the unmet Parts Availability Commitment will have CFCAC issue Cat Credits in favor of the CI Customer for the lesser of the price paid by the CI Customer for the specific Maintenance, Wear, or Common Repair Part(s) (excluding all taxes or other fees) that was(were) not ready for pick-up by the CI Customer in time as per section a. above or US $1,000 per invoice, provided the Maintenance, Wear, or Common Repair Part(s) that were not ready for pick-up in time are not already covered through Caterpillar Warranty or an EPP. If the Service Completion Commitment described in section b. above is not met, the participating Cat dealer that made the unmet Service Completion Commitment will have CFCAC issue Cat Credits in favor of the CI Customer for US $1,000 per unmet Service Commitment. Also note, there can only be an unmet Parts Availability Commitment or an unmet Service Completion Commitment in a transaction with a CI Customer under a CVA, not both. In these instances, Caterpillar will determine based on the type of CVA, if the CI Customer will receive Cat Credits for an unmet Parts Availability Commitment or for an unmet Service Commitment (if the CVA includes labor).

21. Service Event:

A service performed at Fabick through a service work order, which includes dealer performed service by a Fabick technician.

If a Service Event work order contains any segment that lists an SMCS component code associated with preventive maintenance identified in the chart below Caterpillar will not identify it as a potentially unmet Service Completion Commitment.

Caterpillar reserves the right to modify the list of SMCS component codes associated with preventative maintenance at any time, without prior notice.

22. Standard Terms Apply

Except as otherwise set forth herein or in any long-term sales or services agreement, including any CVA, between Fabick and Customer, Fabick’s standard terms of sale or service, including warranty terms and limitations or liability, shall apply to all parts sales or service provided by Fabick to Customer.

23. The terms of the Program shall be governed by the laws of the State of Missouri without reference to its conflict of law principles.