Terms and Conditions

  • Rental Terms and Conditions

    RENTAL TERMS AND CONDITIONS

    THE RENTAL OF THE EQUIPMENT DESCRIBED ON THE FACE OF THIS RENTAL AGREEMENT (THE "EQUIPMENT") IS SUBJECT TO AND MADE EXPRESSLY CONDITIONED UPON THE FOLLOWING TERMS AND CONDITIONS AND THOSE SET FORTH ON THE FACE OF THIS RENTAL AGREEMENT (COLLECTIVELY, THE “CONTRACT). 

    In the event of any inconsistency between the provisions on the face of the Rental Agreement and these Terms and Conditions, the provisions of these Terms and Conditions shall control as to the Equipment leased hereunder. 

    (1) Lease of Equipment.  Leppo hereby agrees to lease to Customer, and Customer hereby agrees to lease from Leppo, the Equipment during the Lease Term of this Contract. Customer acknowledges and agrees that (a) this is a true lease under applicable any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, other requirement, or rule of law of any governmental authority (collectively, “Law”); (b) that it does not constitute a sale; and (c) that Customer has not, by virtue of this Contract, acquired any right, title, equity, or interest in and to the Equipment other than its leasehold interest solely as a lessee subject to all the terms and conditions of this Contract. The parties further intend and agree that, if this Contract is recharacterized under applicable Law as a secured financing or a lease intended for security, this Contract shall be deemed a security agreement and Section 1 hereof shall be deemed to grant Leppo by Customer a lien and first-priority security interest in the Equipment and all proceeds thereof, to secure the payment of Customer’s obligations hereunder. Customer agrees to execute, acknowledge, file, and record any further documents (including, without limitation, UCC financing statements), and to do all such things necessary to ensure that such security interest is a perfected first-priority security interest under applicable Law.

    (2) Payment.  Customer agrees to pay for the Equipment, at the rate specified on the face hereof, for the entire Lease Term, without any offsets. Rental charges do not include any refueling charge, applicable taxes (as detailed below), transportation charges, or other miscellaneous charges, the amount(s) of which are disclosed on the face of this Contract. Unless specific terms of payment are set forth on the face hereof, rentals shall be paid to Leppo in immediately available funds and without any deduction, set-off, or counterclaim whatsoever.  If Customer does not pay any amount payable to Leppo under this Contract by the due date, Customer shall pay to Leppo a late charge equal to the lower of (a) the maximum amount allowed by Law; and (b) 1.5% per month (18% per annum) on the overdue payment, calculated daily and compounded monthly. Payment of any late charge does not excuse Customer from any default under this Contract.

    (3) Taxes.  Customer shall be responsible for the payment of all federal, state and local taxes now or hereafter imposed upon Customer’s rental or use of the Equipment.   Customer will not take any action or fail to take any action resulting in a loss, deferral, recapture, or other unavailability to Leppo of any tax benefits to Leppo under applicable federal and state Law in connection with the transactions contemplated hereby.

    (4) Condition of Equipment.  Customer acknowledges and agrees that it has inspected the Equipment and has determined that the Equipment is (a) in good mechanical condition; (b) is capable of safe operation; and (c) is appropriate for Customer's intended use. Customer further acknowledges that Customer is renting the Equipment "AS IS" on the date of this Contract.

    (5) Use of Equipment.  Customer agrees to: (a) use and operate the Equipment in the ordinary course of its business and in a careful and proper manner; (b) to comply with all Laws applicable to the use, operation, possession, or maintenance of the Equipment; and (c) observe and comply with the operation and maintenance instructions and manuals recommended or furnished by the manufacturer of the Equipment. Customer acknowledges that it has been instructed in the proper operation of the Equipment and assumes all risks inherent in the operation, use, and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Leppo and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment. The Equipment shall be used solely by Customer and shall be operated only by experienced operators, over the age of eighteen (18) or the legal age of majority in the applicable state, whichever is greater. When the Equipment is not in use, it will be kept in a secure and protected area.  In no event shall Leppo be liable to Customer or any other party for any loss, damage or injury caused by, resulting from or in any way connected with the Equipment or its operation or its use.  Leppo shall have the right, at any time, to inspect the Equipment wherever it may be located. 

    (6) Transportation and Fuel.  Unless otherwise specified on the face hereof, Customer shall pay all costs for: (a) transporting the Equipment to Customer's workplace; (b) returning the Equipment to the address on the face hereof, and (c) any costs incurred in loading or unloading the Equipment from the transporting vehicles. The Equipment will be provided to Customer with a full tank of fuel.  Customer shall be responsible for all fuel consumed by the Equipment and shall keep the Equipment lubricated in accordance with the manufacturer's and Leppo's instructions. Customer acknowledges that a refueling charge will be applied to all Equipment not returned with a full tank of fuel. The amount of the refueling charge may vary depending on the rate being charged by the store location on the date Customer returns the Equipment. Customer may avoid the refueling charge if Customer returns the Equipment with a full tank of fuel.

    (7) Term; Return of Equipment.  This Contract shall remain in full force and effect until terminated with respect to all Equipment. The “Lease Term” with respect to any unit of Equipment shall commence on the “Rental Begins” date and, unless sooner terminated under this Contract, shall expire on the date all Equipment is returned to and accepted by Leppo in the condition required as set forth herein.  The Equipment shall be returned by Customer to the address set forth on the face hereof in the same condition as it was on the date of delivery to Customer, ordinary wear and tear excepted. Leppo or its agents may remove any personal property left in the Equipment upon return. Under no circumstances is Leppo responsible for any personal property that may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon expiration of the Lease Term may be considered abandoned, unclaimed property in accordance with applicable state Law.

    (8) Encumbrances; Labeling.  Customer shall not create or incur to exist any mortgage, lien, pledge, or other encumbrance of any kind whatsoever upon, affecting or with respect to the Equipment, this Contract, or any of Leppo's interests thereunder.  No marking of any kind shall be placed on any Equipment except with the prior written consent of Leppo.  Customer shall not remove any current markings or labels and shall maintain on each piece of Equipment any identifying marks required by Leppo.

    (9) Loss; Damage.  Customer, at its sole expense, shall keep each the Equipment: (a) in serviceable and operable condition, free of damaged or missing parts, suitable for the commercial use, ordinary wear and tear excepted; (b) in compliance with any manufacturer's specifications; (c) consistent with standard industry practice for similar equipment and applicable insurance requirements; and (d) in compliance with applicable Law.  Customer shall be responsible for any loss or damage to the Equipment, including without limitation, caused by theft, vandalism, condemnation, forfeiture, confiscation, flat or damaged tires, or any other casualty, however caused. Without limiting the generality of the foregoing, Customer shall be responsible for all loss of, damage, or other casualty to, the Equipment for the entire Lease Term. Customer will promptly notify Leppo of the occurrence of any loss or damage to the Equipment and will, at Customer's sole cost and expense, promptly replace or repair such lost or damaged Equipment. In addition, if the Equipment is returned to Leppo in a condition that requires extensive repairs to the Equipment, Customer shall reimburse Leppo for lost rentals during the period that such repairs are being made at a rate equal to sixty percent (60%) of Leppo's normal daily rental rate applicable to such Equipment.

    (10) INSURANCE.  Customer shall obtain and maintain, the entire Lease Term:

    (a) General Liability Insurance providing coverage for bodily injury (including death) & property damage arising out of the use, operation, and maintenance of the Equipment with limits of $1,000,000 each occurrence and $1,000,000 annual aggregate; and

    (b) Physical Damage Coverage on the rented Equipment with limits equal to or greater than replacement value of the Equipment.

    Leppo shall be named as an additional insured and loss payee under these policies. The general liability policy should include an additional insured endorsement (CG2028–Additional Insured-Leppo of Leased Equipment). All policies of insurance provided hereunder shall not be excess coverage or co-insurance policies, but shall be primary and non-contributory insurance policies up to the stated policy limits. Customer further agrees that the amount of insurance available to Leppo shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Contract. In the event any policy provided in compliance with this Contract states that the insurance afforded to an additional insured will not be broader than that required by contract, or words of similar meaning, Customer agrees that nothing in this Contract is intended to restrict or limit the breadth of such insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by this Contract shall include a waiver of rights of recovery against Leppo or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Leppo or its insurers. All insurance policies shall be with insurers licensed in the state where the Equipment will be used and with an AM Best rating of A+ or better and in a form and amount satisfactory to Leppo, shall provide for at least thirty (30) days’ advance written notice to Leppo prior to any cancellation or material modification thereof, and shall waive any claim against Leppo for premiums. Customer shall deliver to Leppo proof of insurance required hereunder, namely, certificates of insurance or other evidence satisfactory to Leppo that shows that the insurance required by this Section 10 is in full force and effect. Failure of Leppo to demand such proof shall not relieve Customer of the responsibility to provide insurance. Failure to obtain and provide proof of insurance in compliance with the foregoing shall automatically enroll Customer in Leppo’s Damage Waiver Policy, unless expressly waived by Leppo in writing.

    (11) DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYCUSTOMER AGREES THAT ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED AND INCLUDING, BUT NOT LIMITED TO, (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ARE HEREBY EXCLUDED FROM THIS CONTRACT. REGARDLESS OF WHETHER A CLAIM IS BASED IN TORT OR CONTRACT PRINCIPLES, LEPPO SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THIS CONTRACT, THE RENTAL, OR USE OF THE EQUIPMENT. DURING THE LEASE TERM, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. 

    (12) Indemnification.  Customer shall defend, indemnify and hold harmless Leppo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against all claims, liabilities, causes of action, costs and expenses, including, but not limited to, attorneys' fees and court costs) (“Claims”): arising out of or relating to: (a) the rental, possession, installation, use, operation, alteration, modification, or maintenance of the Equipment; (b) any encumbrances against the Equipment; (c) any violation of any applicable Laws by Customer, any environmental condition with respect to the Equipment; (d) any breach of this Contract by Customer; and (e) any negligence or fault of Customer, Customer's agents, representatives or employees, or any person or entity for whose acts Customer is responsible, regardless of whether such Claims were in part caused by the fault or negligence of Leppo or Leppo’s agents, representatives or employee. The indemnity obligations of Customer shall not be limited by a limitation on amount or type of damages, compensation or benefit payable by Customer anyone directly or indirectly employed by Customer, or a person or entity for whose acts Customer may be liable, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.  The indemnity obligations of Customer shall survive payment hereunder by Customer and shall continue in full force and effect notwithstanding the expiration or early termination of this Contract.

    (13) Events of Default; Remedies. Each of the following events is an "Event of Default" under this Contract if: (a) Customer fails to pay when due any rent or any other amount under this Contract; (b) Customer defaults in the observance or performance of any other term, covenant, or condition of this Contract; (c) Customer's interest or any portion thereof in this Contract passes by operation of law or otherwise; (d) Customer (i) becomes insolvent, (ii) is generally unable to pay its debts as they become due, (iii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, (iv) makes or seeks to make a general assignment for the benefit of its creditors, or (v) a trustee, receiver, or custodian is appointed for a substantial part of its property or business; (e) Customer fails to return the Equipment immediately upon Leppo’s demand; or (f) Customer sells, transfers, or disposes of substantially all of its assets of its business, or merges or consolidates with any other entity.

    If an Event of Default occurs, Leppo may, in its sole discretion, exercise one or more of the following remedies:

    (A) declare this Contract in default and all sums immediately due and payable hereunder for the Lease Term (including any contracted renewal or purchase option);

    (B) terminate this Contract and all Schedules executed pursuant hereto in whole or in part;

    (C) repossess the Equipment, without demand, notice, court order, or other process of law, and without liability to Customer for any damages occasioned by such action, and no such action shall by itself constitute a termination of this Contract;

    (D) require Customer to deliver any unit of Equipment in the condition required under this Contract to a location designated by Leppo and for each day that Customer fails to return any Equipment, Leppo may demand an amount equal to the prorated rent;

    (E) proceed by court action to enforce performance by Customer of this Contract and/or to recover all damages and expenses incurred by Leppo by reason of any Event of Default, not as a penalty, but herein liquidated for all purposes and in an amount equal to the sum of: (1) any accrued and unpaid rent as of the date of entry of judgment in favor of Leppo plus interest at the rate of 1.5% per month (18% per annum) on the overdue payment, calculated daily and compounded monthly; (2) the present value of all future rentals reserved in this Contract and contracted to be paid over the unexpired Lease Term discounted at the rate equal to the discount rate of the Federal Reserve Bank of Cleveland, Ohio as of the date of entry of judgment in favor of Leppo; (3) all reasonable costs and expenses incurred by Leppo in any repossession, recovery, storage, repair, sale, re-lease or other disposition of the Equipment including without limitation reasonable attorneys' fees and costs incurred in connection therewith or otherwise resulting from the default; (4) the estimated residual value of the Equipment as of the expiration of this Contract or any renewal thereof; and (5) any indemnity, plus interest at the rate of 1.5% per month (18% per annum) on the overdue payment, calculated daily and compounded monthly;

    (F) re-lease or sell any or all of the Equipment at public or private sale, with or without notice to Customer or advertisement, or otherwise dispose of, hold, use, operate, lease to others, or keep idle such Equipment, and without any duty to account to Customer for such action or inaction or for any proceeds with respect thereto, and apply the net proceeds thereof, after deducting damages, not as a penalty, but herein liquidated for all purposes and in an amount equal to the sum of (1) any accrued and unpaid rent as of the later of (a) the date of default or (b) the date that Leppo has obtained possession of the Equipment or such other date as Customer has made effective tender of possession of the Equipment back to Leppo ("Default Date"); plus rent (at the rate provided for in this Contract and any Schedule) for a period (the "Additional Period") commencing on the Default Date and ending on the earlier of (X) the date of all the Equipment is resold or re-lent by Leppo or (Y) the date of entry of judgment in favor of Leppo; (2) the present value of all future rentals reserved in the Contract and contracted to be paid over the unexpired term of the Contract and the present value of the estimated residual value of the Equipment as of the expiration of this Contract, or any renewal thereof, discounted at a rate equal to the discount rate of the Federal Reserve Bank of Cleveland in effect at the end of the Additional Period; (3) all commercially reasonable costs and expenses incurred by Leppo in any repossession, recovery, storage, repair, sale, re-lease or other disposition of the Equipment including reasonable attorneys' fees and costs incurred in connection with otherwise resulting from Customer's default; and (4) any indemnity, if then determinable, plus interest at eighteen percent (18%) per annum; LESS the amount received by Leppo upon such public or private sale or re-lease of the Equipment, if any incurred in connection therewith) to the amounts owed to Leppo under this Contract; provided, however, that Customer shall remain liable to Leppo for any deficiency that remains after any sale or lease of such Equipment; and

    (G) exercise any other right or remedy available to Leppo at Law, in equity, by statute, in any other agreement between the parties, or otherwise. No remedy referred to in this section is intended to be exclusive but shall be cumulative and in addition to any other remedy referred to above or otherwise available to Leppo by Law or in equity. No express or implied waiver by Leppo of any default shall constitute a waiver of any other default by Customer or a waiver of any of Leppo's rights.

    (14) LESSEE WaiverTo the extent permitted by applicable Law, Customer hereby waives any and all rights and remedies conferred upon a Customer by sections 1310.54 through 1310.68 of the Ohio Revised Code, including but not limited to Customer's rights to: (a) cancel this Contract; (b) repudiate this Contract; (c) reject the Equipment; (d) revoke acceptance of the Equipment; (e) recover damages from Leppo for any breaches of warranty or for any other reason; (f) a security interest in the Equipment in Customer's possession or control for any reason; (g) deduct all or part of any claimed damages resulting from Leppo's default, if any, under this Contract; (h) accept partial delivery of the Equipment: (ix) "cover" by making any purchase or lease of or contract to purchase or lease Equipment in substitution for those due from Leppo; (x) recover any general, special, incidental or consequential damages, for any reason whatsoever and (xi) specific performance, replevin, detinue, sequestration, claim and delivery or the like for any Equipment identified to this Contract. To the extent permitted by applicable law, Customer also hereby waives any rights now or hereafter conferred by statute or otherwise which may require Leppo to sell, lease or otherwise use any Equipment in mitigation of Leppo's damages as set forth in Section 13 of this Contract or which may otherwise limit or modify any of Leppo's rights or remedies under Section 13.

    (15) Assignment; Subletting.  This Contract shall be binding on the parties hereto and their successors and assigns; provided, however, that Customer may not assign this Rental Contract or sublet the Equipment to any third party without the express written consent of Leppo and that any attempted assignment or subletting by Customer without such written consent shall be null and void.

    (16) Choice of Law; Jurisdiction.  This Contract shall be governed by and construed under the laws of the State of Ohio, exclusive of any choice of law provisions. Claims arising out of or in connection with this Contract or the transactions hereunder shall be subject to the exclusive jurisdiction of (a) the municipal courts of Massillon or Stow, Ohio, or with respect to amounts in controversy which exceed $15,0000 in the aggregate, the state and federal courts located in Stark County or Summit County, Ohio, for transactions originating from a Leppo location in Ohio; and (b) the state and federal courts located in Duval County, Florida for transactions originating from a Leppo location in Florida or Alabama. Each of the parties hereto acknowledges and consents to the personal jurisdiction of each of the said courts.  Any action by Customer against Leppo for any default by Leppo under this Contract, including without limitation breach of warranty or indemnity, shall be commenced within one (1) year after any such cause of action accrues.

    (17)  MISCELLANEOUS(a) This Contract, including any related attachments, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.  (b) All notices, requests, consents, Claims, waivers, and other communications hereunder must be in writing and addressed to the parties at their address on the face of the Contract. (c) If any term or provision of this Contract is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of this Contract and the court may modify this Contract to reflect the original intent of the parties as closely as possible. (d) No amendment or modification of this Contract is effective unless in writing and signed by an authorized representative of each party. (e) No waiver by any party of any provisions of this Contract shall be effective unless explicitly set forth in writing and signed by the waiving party. No failure to exercise, or delay in exercising, any right, remedy, or privilege arising hereunder shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege. (f) The relationship between the parties is that of independent contractors. Nothing in this Contract shall be construed as creating any agency, partnership, franchise, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.  (g) This Contract may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be the same agreement. A signed copy of this Contract delivered by email or other means of electronic transmission shall have the same legal effect as delivery of an original signed copy of this Contract.  (h) The individual signing this Contract represents and warrants that he/she is of legal age, has the authority and power to sign this Contract on behalf of Customer, and is not a consumer as defined by applicable Law.

  • Parts Terms and Conditions

    PARTS SALE TERMS AND CONDITIONS  

    This Parts Sales Order ("Order"), including the front of this Order and these terms and conditions, constitutes a contract for the purchase of the Parts described on the front side hereof, between Leppo, Inc., an Ohio corporation, ("Leppo") and the customer identified on the front side hereof ("Customer"). ANY AND ALL ADDITIONAL, DIFFERENT OR CONFLICTING TERMS OR CONDITIONS SET FORTH IN ANY PURCHASE ORDER OR OTHER COMMUNICATION FROM CUSTOMER ARE OBJECTED TO BY LEPPO AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LEPPO.  

    1. SALE OF PARTS. Leppo shall sell to Customer and Customer shall purchase from Leppo the Parts described on the face of this Order (the "Parts"), at the purchase price set forth on the face of this Order (“Price”), upon the terms and conditions set forth in this Order. 

    2. DELIVERY. (a) Customer Picks Up Parts. In the event Customer picks up Parts at a store location, Customer shall be deemed to have inspected and accepted each item at the time of pick up and risk of loss and title to the Parts shall pass to Customer at such time. (b) Leppo Delivers Parts to Customer. In the event Leppo delivers the Parts to a location designated by Customer, Customer shall sign any documents required by Leppo evidencing that the items have been delivered to and accepted by Customer. Risk of loss and title to the Parts shall pass to Customer upon delivery. Customer shall pay all costs of shipping. (c) Carrier Delivers Parts to Customer. In the event a carrier is utilized to deliver Parts to Customer, Customer shall sign any documents required by Leppo and/or the carrier evidencing that the items have been delivered and accepted by Customer. Risk of loss and title to the Parts shall pass to Customer upon delivery of the Parts to the carrier. Customer shall pay all costs of shipping. 

    3. PRICE; PAYMENT. The Price is exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Customer. Customer shall be responsible for all such charges, costs, and taxes; provided, that Customer shall not be responsible for any taxes imposed on, or with respect to, Leppo's income, revenues, gross receipts, personnel, or real or personal property or other assets. Customer's payment of the Price shall be as set forth on the face of this Order. If Customer is required to pay Leppo any other amounts due under the terms of this Order, Customer shall pay all invoiced amounts due to Leppo on receipt of Leppo's invoice. Customer shall pay interest on all late payments at the lesser of 1.5% per month (18% per annum) or the highest rate permissible under applicable law.  Such interest shall be calculated daily and compounded monthly. Customer shall reimburse Leppo for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees.  

    4. RETURNS.  Parts may be returned for credit within thirty (30) days of receipt.  Parts may be returned in-person to any Leppo location or shipped to Leppo. In-person returns are processed immediately. Shipped returns will be processed as quickly as possible once verified. All shipping charges (original and/or return shipping) are the responsibility of the purchaser and will not be credited. Freight charges are not refundable.  To be eligible for return, parts must be: (a) in original, new, and salable condition and in original packing; (b) accompanied by proof of purchase; and (c) returnable to supplier.  Returned parts are subject to a twenty percent (20%) restocking fee.  Electrical and hydraulic components must NOT have been installed prior to return. 

    5. SECURITY INTEREST. Customer hereby grants Leppo a security interest in the Parts and the proceeds of the Parts to secure prompt payment and performance of the Price and other obligations. Customer authorizes Leppo to file financing statements to perfect this security interest. If Customer does not timely satisfy Customer’s payment and other obligations, Leppo will have all rights and remedies that Article 9 of the Uniform Commercial Code, or similar provisions of any applicable state law, provided to a secured party. Customer agrees to pay Leppo all costs which Leppo may incur in the repossession and disposition of the Parts, including Leppo’s attorneys’ fees.   

    6. DISCLAIMER OF WARRANTIES BY LEPPO. THE PARTS ARE PURCHASED BY CUSTOMER "AS IS" AND "WITH ALL FAULTS." (A) IF THE PARTS ARE USED OR PRE-OWNED, THEY ARE LIKELY TO HAVE DEFECTS. (B) IF THE PARTS ARE NEW, LEPPO WILL, TO THE EXTENT PERMITTED BY THE MANUFACTURER OF THE PARTS, PASS TO CUSTOMER ANY WARRANTIES MADE BY SUCH PARTS MANUFACTURER. (C) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN SECTION 4(A) HEREOF AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER SET OUT IN THE FIRST SENTENCE OF THIS SECTION 6, LEPPO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE PARTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, OR OTHERWISE.   

    7. LIMITATION OF LIABILITY. IN NO EVENT SHALL LEPPO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS ORDER, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT LEPPO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LEPPO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO LEPPO FOR THE PARTS SOLD HEREUNDER. 

    8. INDEMNIFICATION. Customer shall indemnify, defend, and hold harmless Leppo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, other fees, and the costs of enforcing any right to indemnification under this Order and pursuing any insurance providers, (collectively, “Claims”) incurred by Indemnified Party arising out of or resulting from any claim arising out of or occurring in connection with the operation, use, possession or sale of the Parts, or Customer's negligence, willful misconduct, or breach of this Order. Customer shall not enter into any settlement without Leppo's and any other applicable Indemnified Party's prior written consent.  Customer expressly and specifically agreed that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability of immunity Customer enjoys from suits by its own employees.  The duty to indemnify shall continue in full force and affect notwithstanding the expiration or early termination of the Order. 

    9. TERMINATION. In addition to any remedies that may be provided in this Order, Leppo may terminate this Order with immediate effect upon written notice to Customer, if Customer: (a) fails to pay any amount when due under this Order and such failure continues for ten (10) days after nonpayment; (b) has not otherwise performed or complied with any of the terms of this Order, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. The termination of this Order pursuant to this Section shall not release Customer from any obligation or liability to Leppo that has already accrued.  

    10. ASSIGNMENT. Customer shall not assign, transfer, delegate, or subcontract any of its rights or obligations under this Order without the prior written consent of Leppo. Any purported assignment, transfer, delegation, or subcontract in violation of this Section shall be null and void. No assignment, transfer, delegation, or subcontract shall relieve Customer of any of its obligations hereunder.  

    11. CHOICE OF LAW; JURISDICTION. This Order shall be governed by and construed under the laws of the State of Ohio, exclusive of the choice of law provisions thereof. Any disputes, actions, claims or causes of action arising out of or in connection with this Order or the transactions contemplated hereby shall be subject to the exclusive jurisdiction of: (a) the municipal courts of Massillon or Stow, Ohio, or with respect to amounts in controversy which exceed $15,0000 in the aggregate, the state and federal courts located in Stark County, Ohio or Summit County, Ohio for transactions originating from a Leppo location in Ohio; and (b) the state and federal courts located in Duval County, Florida for transactions originating from a Leppo location in Florida or Alabama. Each of the parties hereto acknowledges and consents to the personal jurisdiction of each of the said courts.   

    12. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS ORDER, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS ORDER, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS ORDER, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS ORDER, OR THE TRANSACTIONS CONTEMPLATED HEREBY. 

    13. FORCE MAJEURE. No party shall be liable to the other party, or in default hereunder, for any failure or delay in fulfilling or performing any term of this Order (except for any obligations of Customer to make payments hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Order; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar or dissimilar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice promptly of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by it under this Section 13, the other party may thereafter terminate this Order upon thirty (30) days' written notice. 

    14. MISCELLANEOUS. (a) This Order, including any related attachments, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.  (b) All notices, requests, consents, Claims, waivers, and other communications hereunder must be in writing and addressed to the parties at their address on the face of the Order. (c) If any term or provision of this Order is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of this Order and the court may modify this Order to reflect the original intent of the parties as closely as possible. (d) No amendment or modification of this Order is effective unless in writing and signed by an authorized representative of each party. (e) No waiver by any party of any provisions of this Order shall be effective unless explicitly set forth in writing and signed by the waiving party. No failure to exercise, or delay in exercising, any right, remedy, or privilege arising hereunder shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege. (f) The relationship between the parties is that of independent contractors. Nothing in this Order shall be construed as creating any agency, partnership, franchise, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.  (g) This Order may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be the same agreement. A signed copy of this Order delivered by email or other means of electronic transmission shall have the same legal effect as delivery of an original signed copy of this Order.  (h) The individual signing this Order represents and warrants that he/she is of legal age, has the authority and power to sign this Order on behalf of Customer, and is not a consumer as defined by applicable law. 

  • Purchasing Terms and Conditions

    LEPPO, INC. STANDARD TERMS AND CONDITIONS OF PURCHASE  

    1. AGREEMENT OF PURCHASE. Unless otherwise provided in writing between Leppo, Inc. and its affiliates and subsidiaries, (collectively, “Buyer”) and the seller (“Seller”), all purchases of products and services by Buyer from Seller are made expressly conditional upon these terms and conditions (“Terms”). The Terms, together with the purchase orders, specifications, and attachments thereto issued by Buyer (“Other Documents”), constitute the entire agreement between Buyer and Seller for each such purchase (“Agreement”). Any inconsistency between the Terms and the provisions in the Other Documents shall be resolved in favor of the provisions contained in the Other Documents. Seller’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract hereof shall constitute acceptance by Seller of the Agreement/Terms. Additional or different terms in Seller’s acceptance or other documents which vary from the Terms are hereby objected to and rejected. The Terms may be modified from time to time by Buyer upon notice to Seller and shall be binding for all purchases after the modification date. (a) “Products” mean all materials, equipment, supplies and other goods intended for Seller to provide under the Agreement; and (b) “Work” means all services, labor, data, and other obligations intended for Seller to perform or supply under the Agreement, together with supplies, installation related equipment, tools, transportation, and facilities. 

    2. WARRANTIES AND INSPECTION. Seller expressly warrants: (a) that the Products sold hereunder will conform to the specifications, drawings, samples, or other descriptions furnished to Buyer by Seller; will be of good design, material, and workmanship; will be free from defect; will be merchantable; will satisfactorily perform the functions for which intended; will be fit for their intended use; and will be free and clear of all liens, claims, pledges, charges and encumbrances; and (b) to perform the Work in a good and workmanlike manner, and in accordance with good industry practices. Seller shall furnish all materials, equipment, tools, labor, supervision, supplies, facilities, services and transportation necessary for the successful completion of the Work. Unless otherwise specified, all Products and Work will be subject to final inspection and acceptance at Buyer’s plant. Payment by Buyer prior to final inspection and acceptance shall not constitute acceptance. Buyer may at its option hold rejected Products for Seller’s instructions and at Seller’s risk, or return them to Seller at Seller’s expense.   

    3. REMEDIES. Notwithstanding prior inspection, payment for, or use of the Products, Buyer shall have the right to reject any Products which do not conform to the requirements of an order. If any Products or Work do not comply with the warranties set forth herein, Buyer may, at its sole option, and in each case at Seller’s sole expense: (a) reject such Products or Work; (b) require Seller to repair or correct such Products or Work as necessary to render them in conformance with the foregoing warranties, and consistent with Buyer’s time schedule; (c) return such Products or Work and receive a full refund of the contract price; or (d) make any corrections required to cause such Products or Work to fulfill the foregoing warranties and charge Seller for the costs incurred by Buyer thereby. Seller shall reimburse Buyer for all expenses reasonably incurred by Buyer in connection with a breach of any warranties set forth herein.  The remedies set forth in the Agreement are cumulative and shall not preclude any other remedy available to Buyer at law or in equity. 

    4. AUDIT RIGHTS. Buyer shall have the right examine and audit the books and records of Seller to the extent necessary to verify Seller’s performance, or the accuracy of any statement, charge, payment, or computation made, under the Agreement.  

    5. RELATIONSHIP OF THE PARTIES. In satisfying its obligations hereunder, Seller shall operate as and have the status of an independent contractor and shall not act as or be an agent or employee of Buyer. As an independent contractor, Seller shall be solely responsible for the end result of its work and as such shall maintain daily control over its workers and the means and methods used to accomplish the end result. Seller shall be solely responsible for the employment of workers and shall indemnify, defend and hold Buyer harmless from any claim, demand, loss, cost, expense, or suit alleging the violation or claimed violation of any local, state or federal law, rule or regulation relating to the safety and employment of workers, or requiring the employer to withhold taxes or similar charges from employees’ pay. Nothing in the Agreement or in the performance of the Seller’s obligations required hereunder shall be construed to create a partnership, joint venture or other joint business arrangement between Buyer and Seller.  

    6. DELIVERY.  Time is of the essence in the Agreement.  Invoicing, delivery terms, shipping and packing instructions shall be provided to Seller through an attachment to, or printing on the face of, the purchase order.  Unless otherwise stipulated on the face of a purchase order or by Buyer in writing domestic orders shall be priced and shipped “FOB destination,” and international orders shall be priced and shipped “DDP destination.”  All shipping terms shall have the meaning set forth in the Uniform Commercial Code for domestic sales or in INCOTERMS 2020, as published and promulgated by the International Chamber of Commerce, for international sales.  Seller’s failure to make timely delivery, or Seller’s breach of any of the Terms/Agreement, shall constitute sufficient cause of Buyer at its option, in addition to any other remedy Buyer may have, to cancel the Agreement, in whole or in part, to refuse any Products or Work, and to charge Seller for any damages or loses Buyer may sustain as a result of Seller’s default.  Seller warrants title to all Products sold hereunder and bears the risk of loss or damages to the Products purchased under the Agreement until they are delivered in conformity with the Agreement at Buyer’s delivery point specified in the purchase order. Upon such delivery, title shall pass from Seller and Seller’s responsibility for loss or damage shall cease, except for loss or damages resulting from Seller’s negligence. Passing of title shall not constitute acceptance of the Products by Buyer. 

    7. PRICE AND PAYMENT. The contract price or unit prices stated in the purchase order represent the fixed, full amount payable by Buyer under the Agreement. Unless otherwise specified in the purchase order, no additional charge will be allowed for labor, supervision, equipment, materials, supplies, tools, field and office overhead, facilities, utilities, services, transportation, packaging, cartage, and any other of Seller’s costs. Unless otherwise specified in the purchase order, Seller shall pay all taxes, duties, licenses, permits, and all other fees and charges imposed by any governmental entity with respect to the Agreement. Payments by Buyer shall not be deemed evidence of acceptance by Buyer of the Products or the Work. If Seller’s deliveries are behind the agreed upon schedule, Buyer may elect to have further deliveries made by express shipments and Seller shall bear the difference between freight and express shipping rates.  If Buyer has a claim under the Agreement, or under any other agreement between Buyer and Seller, regardless of when it is discovered, Buyer may, without notice, withhold payment of, or set off the amount of its claim against any amount invoiced to it. 

    8. CHANGES. Buyer may at any time make changes to the scope of the Products or Work to be provided under the Agreement, the contract specifications, or the terms of shipment, packing, time or place of delivery, quantity, acceleration, or sequencing. Seller shall submit the proposed cost or credit to Buyer for any such changes within fifteen (15) working days after receipt of the written order for Buyer’s approval. Such changes shall not proceed and shall not be binding upon Buyer without Buyer’s written approval.  

    9. INDEMNITY. Seller shall indemnify, defend, and hold harmless Buyer, its subsidiaries and affiliates, and their respective agents, employees, successors, assigns, and indemnitees (the “Indemnified Parties”), from and against any and all losses, costs, damages, claims, liabilities, fines, penalties, and expenses (including, without limitation, attorneys’ and other professional fees and expenses, and court costs) (collectively, “Losses”), which any of the Indemnified Parties may incur arising out of the Agreement, the Work or the Products, or the actions or omissions of Seller or its subcontractors under the Agreement, including, without limitation, Losses relating to: (a) actual or alleged bodily or mental injury to or death of any person; (b) damage to or loss of use of property of Buyer, Seller, any subcontractor, or any third party; (c) any contractual liability owed by Buyer to any third party; or (d) any breach of or inaccuracy in the covenants, representations, and warranties made by Seller under the Agreement.  

    10. INSURANCE. Seller shall procure and keep in force continuously during the term of this Agreement the following types of insurance: (a) commercial general liability insurance, including blanket contractual coverage, for bodily injury and property damage in the amount of $1,000,000 per occurrence and annual aggregate limits; (b) workers' compensation with limits no less than the greater of (i) $1,000,000, or (ii) the minimum amount required by applicable law; (c) automobile liability insurance covering owned, non-owned, and hired automobiles in the amount of $1,000,000 combined single limit; (d) umbrella (excess) liability with limits no less than $1,000,000; and (e) if providing hauling or transportation services, primary cargo insurance in an amount equal to the full value of the maximum quantity of goods expected to be transported at any one time under this Agreement, but in no event in an amount less than US $250,000 per shipment, to compensate Seller, its vendors, suppliers and/or customers, consignee or other owner of the goods for any and all loss or damage to property or from property which was placed in the possession or control of Seller in connection with the services performed hereunder.  Seller shall ensure that all insurance policies (i) be issued by insurance companies with a Best's Rating of no less than A-VII; (ii) provide that such insurance carriers give Seller at least 30 days' prior written Notice of cancellation or non-renewal of policy coverage; (iii) provide that such insurance be primary insurance and any similar insurance in the name of or for the benefit of Seller shall be excess and non-contributory; (iv) name Buyer, including, in each case, all successors and permitted assigns, as additional insureds; and (v) waive any right of subrogation of the insurers against Buyer.  Seller shall provide Buyer with copies of certificates of insurance and policy endorsements for all insurance coverage required herein and shall not do anything to invalidate such insurance. This Section shall not be construed in any manner as waiving, restricting, or limiting the liability of either party for any obligations imposed under this Agreement (including but not limited to, any provisions requiring a party hereto to indemnify, defend, and hold the other harmless under this Agreement). 

    11. TERMINATION.  Buyer may terminate all or any part of the Agreement if Seller: (a) breaches or threatens to breach any of the terms of the Agreement and such breach is not cured within ten (10) days of notice from Buyer; (b) fails to deliver Products or perform Work in connection with the Agreement; (c) fails to meet reasonable quality requirements so as to endanger timely and proper completion or delivery of Products; (d) enters or offers to enter into a transaction that includes a sale of a substantial portion of its assets or a merger, sale or exchange of stock/equity interests that would result in a change in control of Seller; (e) becomes insolvent, makes an assignment for the benefit of creditors, suffers or permits the appointment of a receiver, trustee in bankruptcy or similar officer for all or parts of its business or assets; or (f) avails itself of or becomes subject to any bankruptcy proceeding under the laws or any jurisdiction relating to insolvency or the protection of rights of creditors. In addition to any other rights of Buyer to cancel or terminate the Agreement, Buyer may, at its option, terminate all or any part of the Agreement at any time and for any reason by giving thirty (30) days’ advance written notice to Seller. Seller shall not have any right to claim termination compensation unless Seller informs Buyer in writing within seven (7) days from the notice of termination that production of the Products had already commenced before receipt of the notice of termination.  In such case, Buyer shall be entitled to choose between taking delivery of the Products already produced and compensating Seller for the reasonable costs already incurred.  In the case of supply of Work, no other compensation shall be due than the payment of the Work already performed. Buyer’s obligation upon termination under this Section will not exceed the obligation Buyer would have had to Seller in the absence of termination. Buyer will have no obligation for payment to Seller under this Section if Buyer terminates the Agreement or portion thereof because of a default or breach by Seller. 

    12. COMPLIANCE WITH LAWS.  During the performance of the Agreement, Seller shall strictly comply with all federal, state, and local laws, rules and regulations, administrative and executive orders, and government procurement regulations applicable to the Products or Work and the Agreement (“Laws”).  Seller warrants that none of the Work, the Products provided to Buyer nor their manufacture, fabrication, construction, transportation or use, shall violate or cause Buyer to be in violation of any Laws. 

    13. INTELLECTUAL PROPERTY RIGHTS. The Work and all data associated with the Work shall become the property of Buyer and Buyer shall own all intellectual property rights therein (including the rights to any patent, trademark or service mark, trade secret, and copyright therein). Seller agrees that any materials and works of authorship conceived by Seller during the term of the Agreement that pertain in any material respect to the Work shall be done as “work made for hire.” Seller warrants that the Products furnished hereunder, and the normal use thereof, do not infringe or misappropriate any patent, copyright, trademark, service mark, trade secret, or other intellectual property right of any third party. Seller will indemnify, defend, and hold harmless Buyer against any losses arising out of any suit or proceeding alleging that the Products infringe or misappropriate any patent, copyright, trademark, service mark, or trade secret. 

    14. LIMIT OF LIABILITY. IN NO EVENT SHALL BUYER HAVE ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY PUNITIVE, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL LOSS OR DAMAGE ARISING FROM OR RELATED TO THE AGREEMENT, INCLUDING LOSS OF DATA, PROFITS, INTEREST OR REVENUE OR INTERRUPTION OF BUSINESS, EVEN IF BUYER HAS BEEN INFORMED OF OR MIGHT OTHERWISE HAVE ANTICIPATED OR FORESEEN THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. 

    15. MISCELLANEOUS.  (a) The Agreement is to be governed by the substantive laws of the State of Ohio. The parties hereby expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods, if the same would otherwise apply here. Seller agrees that any legal suit, action or proceeding arising out of or relating to the Agreement shall be in a State or Federal Court in the County of Summit, State of Ohio.  Seller waives any objection which it may have now or hereafter to the laying of such venue and hereby irrevocably submits to said jurisdiction.  (b) Seller may not assign any rights or claims, or delegate any duties under the Agreement, in whole or in part, without the prior written consent of Buyer, which may be withheld at Buyer’s sole discretion. In the event of any assignment or delegation permitted hereunder, Seller shall continue to be liable for the performance of its obligations hereunder.  (c) No waiver of a breach of any provision of the Agreement shall be effective to discharge in whole or in part any claim or right arising out of such breach unless such waiver is in writing and signed by Buyer.  (d) In the event that any provision hereof shall be illegal, invalid or unenforceable, it shall not affect the legality, validity or enforceability of any other provision hereof and such illegal, invalid, or unenforceable provision shall be interpreted and modified by the parties so as to eliminate such illegality, invalidity or unenforceability. 

  • Service Terms and Conditions

    SERVICE TERMS AND CONDITIONS  

    These terms and conditions and any Service Order Estimate and/or Service Order Authorization (collectively, the "Order") constitute a contract for service work (including any necessary parts) (“Service Work”) on the equipment described on the front side hereof (“Equipment”), between Leppo, Inc., an Ohio corporation, ("Leppo") and the customer identified on the front side hereof ("Customer"). This Order is binding upon Leppo and Customer upon the earlier of Customer's execution of the Order or Leppo’s commencement of the Service Work or any part thereof.  

    1. GENERAL. ANY AND ALL ADDITIONAL, DIFFERENT OR CONFLICTING TERMS OR CONDITIONS SET FORTH IN ANY PURCHASE ORDER OR OTHER COMMUNICATION FROM CUSTOMER ARE EXPRESSLY OBJECTED TO BY LEPPO AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS ACCEPTED IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LEPPO.   

    2. DISCLAIMER OF WARRANTY.  Leppo shall perform the Service Work in a reasonable manner, provided, however, Leppo makes no warranty or guarantee of a result. Customer shall notify Leppo of any claim that Leppo did not reasonably perform the Service Work, within ten (10) days after the discovery of same and in no event later than thirty (30) days after the performance of the Service Work. Within a reasonable time after notice from Customer, Leppo, at its sole option, shall correct the Service Work which was not reasonably performed. If Leppo is unable to correct such Service Work, Leppo, at its sole option, may refund to Customer the amount Customer paid to Leppo under this Order. These remedies shall be Customer's exclusive remedies for any breach of this Order by Leppo. Leppo shall not be responsible to correct: (a) any condition which reasonably could have been prevented or minimized by Customer; (b) any condition constituting normal wear and tear; (c) any condition caused by acts of God; (d) any condition caused by abuse or misuse; or (e) any condition not caused by Leppo’s failure to reasonably perform the Service Work. TO THE FULLEST EXTENT PERMITTED BY LAW, LEPPO DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, INFRINGEMENT, AND THOSE ARISING OUT OF PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WITH RESPECT TO THE SERVICE WORK.  There are NO WARRANTIES, express or implied, made by Leppo or the manufacturer of any parts or other goods incorporated in the Service Work, except for the manufacturer's written warranty applicable to such parts or goods. Such separate manufacturer's warranty shall be expressly IN LIEU OF any other express or implied warranty, condition or guarantee on said parts or goods. Customer hereby acknowledges that Leppo has not in any manner adopted the manufacturer's warranty, as a warranty of Leppo, including without limitation, by performing warranty work under the manufacturer's warranty, and Customer acknowledges, represents and warrants that it shall look solely to the manufacturer to perform or satisfy any obligation under the manufacturer's warranty.  

    3. LIMITATION OF LIABILITY. LEPPO WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST PROFITS, LOST SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF LEPPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS MADE BY A THIRD PARTY. IN NO EVENT SHALL LEPPO’S TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PARTY RELATING TO OR RESULTING FROM THIS ORDER OR THESE TERMS AND CONDITIONS EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH SERVICE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND WHETHER THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  

    4. PRICE; PAYMENT. The estimate provided on the Order is an approximation based on information and requirements provided by Customer and is not guaranteed.  Actual costs and terms may change once Service Work commences and is finalized. Customer shall pay Leppo for the actual Service Work performed at Leppo’s current standard rates for the Service Work, which shall be due upon the tender by Leppo to Customer of the Equipment upon which the Service Work is performed. If payment is not made in accordance with the foregoing terms, in addition to its other legal rights and remedies, Leppo shall be entitled to: (a) charge Customer interest at the rate of the lesser of: (i) 1.5% per month (18% per annum); or (ii) the highest rate permissible under applicable law, calculated daily and compounded monthly, until payment is made to Leppo by Customer; and (b) withhold delivery of the Equipment until payment is made to Leppo by Customer.  

    5. SECURITY. Customer hereby grants Leppo a security interest in the Equipment together with any replacements, additions or accessories thereto or the proceeds from the sale thereof (the "Collateral") to secure the amounts due Leppo under this Order, any expenses and costs described in Section 12 of these terms and conditions, and all other liabilities, debts and duties of Customer to Leppo now existing or hereinafter incurred, including any renewals or extensions thereof and substitutions therefor. Customer hereby appoints Leppo or Leppo’s attorney-in-fact to execute any and all documents and instruments, to file this Order or other documents as a financing statement and to take all other actions to perfect the security interest granted by Customer herein or to preserve and protect the Collateral. Customer shall also, when requested by Leppo, promptly execute and deliver to Leppo all other documents and instruments and take all actions to more fully evidence, protect, assure or to enforce the security interest granted by Customer to Leppo as described herein. In addition to all other rights and remedies Leppo may have, upon a default of Customer of any obligations or duties to Leppo, Leppo, by written notice to Customer, may require Customer to assemble the Collateral and deliver the Collateral to Leppo at a place designated by Leppo. Leppo shall give Customer reasonable notice of the time and place of any public sale of the Collateral or the time after which any private sale or other disposition of the Collateral is to be made. The requirement of reasonable notice shall be met if such notice is provided at least thirty (30) days prior to the sale or disposition.   

    6. ABANDONDED EQUIPMENT.   

    (a) OHIO.  In the event that Customer: (i) declines repair services after receipt of an estimate from Leppo and does not return to claim its Equipment within thirty (30) days, or (ii) Leppo performs repair services and Customer fails to take possession of its Equipment within thirty (30) days after he or she receives notice that Leppo has performed any service on it or provided any materials for it can be sold pursuant to Section 1333.41 of the Ohio Revised Code. Any Customer who is the owner of, or the principal contractor associated with, a public or private construction project has additional options to preclude such sale and should consult Section 1333.42 of the Ohio Revised Code.  Leppo may charge a storage fee for any Equipment left on Leppo’s property for more than ten (10) days. 

    (b) ALABAMA.  In the event that Customer: (i) declines repair services after receipt of an estimate from Leppo and does not return to claim its Equipment within one (1) year, or (ii) Leppo performs repair services and Customer fails to take possession of its Equipment within one (1) year thereafter, Leppo may, in its sole discretion, retain, sell, or otherwise dispose of Customer’s Equipment in accordance with applicable provisions of law, without liability to Customer. Leppo will provide notice to Customer at least ten (10) days prior to disposition by letter mailed to the owner's last known address, by advertisement in a local newspaper of general circulation, or by posting at the courthouse.  Leppo is not responsible for compensation for abandoned property.  Leppo may also charge a storage fee for any Equipment left on Leppo’s property for more than ten (10) days. 

    (c) FLORIDA.  In the event that Customer: (i) declines repair services after receipt of an estimate from Leppo and does not return to claim its Equipment within six (6) months, or (ii) Leppo performs repair services and Customer fails to take possession of its Equipment within six (6) months thereafter, Leppo may, in its sole discretion, retain, sell, or otherwise dispose of Customer’s Equipment in accordance with applicable provisions of law, without liability to Customer. Leppo will provide notice to Customer at least thirty (30) days prior to disposition by letter mailed to the owner's last known address.  Leppo is not responsible for compensation for abandoned property.  Leppo may also charge a storage fee for any Equipment left on Leppo’s property for more than ten (10) days. 

    7. INDEMNITY. Customer shall defend, indemnify and hold harmless Leppo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against all claims, liabilities, causes of action, costs and expenses, including, but not limited to, attorneys' fees and court costs) (“Claims”): arising out of or relating to: (a) any violation of any applicable Laws by Customer, any environmental condition with respect to the Equipment; (b) any breach of this order by Customer; and (c) any negligence or fault of Customer, Customer's agents, representatives or employees, or any person or entity for whose acts Customer is responsible, regardless of whether such Claims were in part caused by the fault or negligence of Leppo or Leppo’s agents, representatives or employee. The indemnity obligations of Customer shall not be limited by a limitation on amount or type of damages, compensation or benefit payable by Customer anyone directly or indirectly employed by Customer, or a person or entity for whose acts Customer may be liable, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.  The indemnity obligations of Customer shall survive payment hereunder by Customer and shall continue in full force and effect notwithstanding the expiration or early termination of this Order. 

    8. TAXES. Unless otherwise agreed to in a writing signed by Customer and Leppo, Customer shall be solely responsible for the payment of all sales, use, consumer and other taxes arising out of this Order mandated by any applicable federal, state and local laws, codes, ordinances, rules and regulations, whether currently in effect, scheduled to go in effect, or subsequently enacted, including but not limited to, any increase in such taxes taking effect after the date of this Order.  

    9. FAILURE OR DELAY OF DELIVERY; FORCE MAJEURE. Leppo shall not be liable for failure to deliver or delay in performance of the Service Work where such failure to deliver or delay is due, in whole or in part, to any cause other than the gross negligence of Leppo. Further, Leppo will not have any liability for any loss caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, delay of carriers, failure of normal sources of supply, act of government, public health emergency, pandemic, or any other cause beyond the reasonable control of Leppo, including without limitation, any loss or damage to the Equipment or any articles or property left in the Equipment. Leppo is not responsible for loss of or damage to the Equipment due to or arising from theft or any other cause except the sole negligence of Leppo.  Leppo is not responsible for any loss or damage to articles of personal property that have been left in the Equipment or for loss or damage to such personal property, including any cargo, materials or supplies carried on or in the Equipment, whatever the cause. 

    10. NOTICES. It shall be a condition precedent to any liability of Leppo, whether in contract, tort, or otherwise, arising out of this Order or any other dealings between the parties that Customer provide written notice to Leppo of any claim, controversy, or alleged breach of this Order in the time provided in Section 2 hereof, and that Customer provide Leppo with a reasonable opportunity to cure the problems or issues giving rise to such claim, controversy, or alleged breach of this Order. Notwithstanding the foregoing, Customer must provide Leppo with notice of any claim, controversy, or alleged breach of this Order within twelve (12) months of discovery or accrual of the same, whichever occurs first. Whenever this Order requires that notice be provided to the other party, notice shall be deemed to have been validly given (a) if delivered in person to the party entitled to receive such notice; (b) two (2) days after being sent by registered or certified mail, postage prepaid to the address indicated on the front side of this Order; or (c) one (1) day after being sent via overnight mail through a respectable overnight delivery company.  

    11. CHOICE OF LAW; JURISDICTION. This Order shall be governed by and construed under the laws of the State of Ohio, exclusive of the choice of law provisions thereof. Any disputes, actions, claims or causes of action arising out of or in connection with this Order or the transactions contemplated hereby shall be subject to the exclusive jurisdiction of (a) (a) the municipal courts of Massillon or Stow, Ohio, or with respect to amounts in controversy which exceed $15,0000 in the aggregate, the state and federal courts located in Stark County, Ohio or Summit County, Ohio for transactions originating from a Leppo location in Ohio; and (b) the state and federal courts located in Duval County, Florida for transactions originating from a Leppo location in Florida or Alabama. Each of the parties hereto acknowledges and consents to the personal jurisdiction of each of the said courts; and (b) the state and federal courts located in Duval County, Florida for transactions originating from a Leppo location in Florida or Alabama. Each of the parties hereto acknowledges and consents to the personal jurisdiction of each of the said courts

    12. EXPENSES AND COSTS. Should Leppo be required to institute any action to enforce any of its rights set forth in this Order, then Leppo shall be entitled to reimbursement from Customer for all expenses, including but not limited to, attorneys' fees and costs incurred by Leppo in connection with such action. In the event Customer institutes any action against Leppo and in the further event Leppo prevails in such action, Customer shall pay Leppo the amount of all expenses, including but not limited to attorneys' fees and costs incurred by Leppo in connection with such action.  

    13. MISCELLANEOUS. (a) This Order, including any related attachments, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.  (b) All notices, requests, consents, Claims, waivers, and other communications hereunder must be in writing and addressed to the parties at their address on the face of the Order. (c) If any term or provision of this Order is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of this Order and the court may modify this Order to reflect the original intent of the parties as closely as possible. (d) No amendment or modification of this Order is effective unless in writing and signed by an authorized representative of each party. (e) No waiver by any party of any provisions of this Order shall be effective unless explicitly set forth in writing and signed by the waiving party. No failure to exercise, or delay in exercising, any right, remedy, or privilege arising hereunder shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege. (f) The relationship between the parties is that of independent contractors. Nothing in this Order shall be construed as creating any agency, partnership, franchise, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.  (g) This Order may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be the same agreement. A signed copy of this Order delivered by email or other means of electronic transmission shall have the same legal effect as delivery of an original signed copy of this Order.  (h) The individual signing this Order represents and warrants that he/she is of legal age, has the authority and power to sign this Order on behalf of Customer, and is not a consumer as defined by applicable Law. 

  • Equipment Sale Terms and Conditions

    Equipment Sale Terms and Conditions

    All sales of Equipment between Leppo, Inc., an Ohio corporation, ("Leppo") and the customer ("Customer") whether pursuant to an Equipment Sales Order and Agreement or any other agreement ("Order") are made expressly conditional upon these terms and conditions which are hereby incorporated into the Order and constitute a contract for the purchase of the Equipment described on the Order. ANY AND ALL ADDITIONAL, DIFFERENT OR CONFLICTING TERMS OR CONDITIONS SET FORTH IN ANY PURCHASE ORDER OR OTHER COMMUNICATION FROM CUSTOMER ARE OBJECTED TO BY LEPPO AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LEPPO. 

    1. Sale of Equipment. Leppo shall sell to Customer and Customer shall purchase from Leppo the Equipment described in the Order (the "Equipment"), at the purchase price set forth on the Order (“Price”), upon the terms and conditions set forth in the Order (including these terms and conditions).

    2. Delivery.

    (a) Customer Picks Up Equipment. In the event Customer picks up any item of Equipment at a Leppo store location, Customer shall be deemed to have inspected and accepted each item of Equipment at the time of pick up and risk of loss and title to the Equipment shall pass to Customer at such time.

    (b) Leppo Delivers Equipment to Customer. In the event Leppo delivers the Equipment to a location designated by Customer, Customer shall sign any documents required by Leppo evidencing that the items of Equipment have been delivered to and accepted by Customer. Risk of loss and title to the Equipment shall pass to Customer upon delivery. Customer shall pay all costs of shipping.

    (c) Carrier Delivers Equipment to Customer. In the event a carrier is utilized to deliver Equipment to Customer, Customer shall sign any documents required by Leppo and/or the carrier evidencing that the items of Equipment have been delivered and accepted by Customer. Risk of loss and title to the Equipment shall pass to Customer upon delivery of the Equipment from Leppo to the carrier. Customer shall pay all costs of shipping.

    3. INSPECtION.  Customer shall be solely responsible to inspect the Equipment and ensure that it meets Customer’s specifications and/or requirements. Customer is relying only on its own inspection of the Equipment and has not relied on any representation or warranty of Leppo, written or oral, other than any representation or warranty expressly made in the Order.

    4. Price; Payment. The Price is exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Customer. Customer shall be responsible for all such charges, costs, and taxes; provided, that Customer shall not be responsible for any taxes imposed on, or with respect to, Leppo's income, revenues, gross receipts, personnel, or real or personal property or other assets. Customer's payment of the Price shall be as set forth on the face of the Order. If Customer is required to pay Leppo any other amounts due under the terms of the Order, Customer shall pay all invoiced amounts due to Leppo on receipt of Leppo's invoice. Customer shall make all such payments hereunder in immediately available US funds. Customer shall pay interest on all late payments at the lesser of 1.5% per month (18% per annum) or the highest rate permissible under applicable statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, other requirement, or rule of law of any governmental authority (“Law”).  Such interest shall be calculated daily and compounded monthly. Customer shall reimburse Leppo for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.

    5. SECURITY INTEREST. Customer hereby grants to Leppo a security interest in the Equipment and the proceeds of the Equipment to secure the prompt payment and performance of the Price and other obligations. Customer authorizes Leppo to file financing statements to perfect this security interest. If Customer does not timely satisfy Customer’s payment and other obligations, Leppo will have all rights and remedies that Article 9 of the Uniform Commercial Code, or similar provisions of any applicable state Law, provide to a secured party. Customer also grants to Leppo all such rights and waivers that a debtor may, under Article 9 or such other Law, make available to a secured creditor by express agreement or waiver. Customer agrees to pay Leppo all costs which Leppo may incur in the repossession and disposition of the Equipment, including Leppo’s attorneys’ fees. 

    6. Disclaimer of Warranties by Leppo. THE EQUIPMENT IS PURCHASED BY CUSTOMER FROM LEPPO "AS IS" AND "WITH ALL FAULTS." (a) if THE EQUIPMENT IS USED or PRE-OWNED, it IS LIKELY TO HAVE DEFECTS. (B) If the Equipment is new, Leppo will, to the extent permitted by the manufacturer of the Equipment, pass to Customer any warranties made by such Equipment manufacturer. ALL MANUFACTURER’S WARRANTY SERVICE WORK SHOULD BE COORDINATED DIRECTLY THROUGH CUSTOMER’S LOCAL, MANUFACTURER-APPROVED SERVICE CENTER.  (C) WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER SET OUT IN THE FIRST SENTENCE OF THIS SECTION 6, LEPPO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING ANY (1) WARRANTY OF MERCHANTABILITY; (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (3) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

    7. Limitation of Liability. IN NO EVENT SHALL LEPPO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE ORDER OR THE EQUIPMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT LEPPO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LEPPO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO LEPPO FOR THE EQUIPMENT SOLD HEREUNDER.

    8. Compliance with Law. Customer shall comply with all applicable Laws. Customer has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under the Order and with respect to the operation, use, possession or sale of the Equipment.

    9. Indemnification. Customer shall defend, indemnify and hold harmless Leppo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against all claims, liabilities, causes of action, costs and expenses, including, but not limited to, attorneys' fees and court costs) (“Claims”): arising out of or relating to: (a) the rental, possession, installation, use, operation, alteration, modification, or maintenance of the Equipment; (b) any encumbrances against the Equipment; (c) any violation of any applicable Law by Customer, any environmental condition with respect to the Equipment; (d) any breach of the Order by Customer; and (e) any negligence or fault of Customer, Customer's agents, representatives or employees, or any person or entity for whose acts Customer is responsible, regardless of whether such Claims were in part caused by the fault or negligence of Leppo or Leppo’s agents, representatives or employee. The indemnity obligations of Customer shall not be limited by a limitation on amount or type of damages, compensation or benefit payable by Customer anyone directly or indirectly employed by Customer, or a person or entity for whose acts Customer may be liable, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.  The indemnity obligations of Customer shall survive payment hereunder by Customer and shall continue in full force and effect notwithstanding the expiration or early termination of the Order.

    10. Termination. Leppo may terminate the Order with immediate effect upon written notice to Customer, if Customer: (a) fails to pay any amount when due under the Order and such failure continues for ten (10) days after nonpayment; (b) has not otherwise performed or complied with any of the terms of the Order, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. The termination of the Order pursuant to this Section 10 shall not release Customer from any obligation or liability to Leppo that has already accrued hereunder. Leppo shall not be liable to Customer for any damage of any kind (whether direct or indirect) that Customer may incur by reason of the termination of the Order.

    11. Assignment. Customer shall not assign, transfer, delegate, or subcontract any of its rights or obligations under the Order without the prior written consent of Leppo. Any purported assignment, transfer, delegation, or subcontract in violation of this Section shall be null and void. No assignment, transfer, delegation, or subcontract shall relieve Customer of any of its obligations hereunder. Leppo may at any time assign, transfer, delegate, or subcontract any or all of its rights or obligations under the Order without Customer's prior consent. The Order is binding on and inures to the benefit of the Parties to the Order and their respective permitted successors and permitted assigns.

    12. Choice of Law; Jurisdiction. The sale of Equipment and the Order shall be governed by and construed under the laws of the State of Ohio, exclusive of any choice of law provisions. Claims arising out of or in connection with the Order or the transactions hereunder shall be subject to the exclusive jurisdiction of (a) the municipal courts of Massillon or Stow, Ohio, or with respect to amounts in controversy which exceed $15,0000 in the aggregate, the state and federal courts located in Stark County or Summit County, Ohio, for transactions originating from a Leppo location in Ohio; and (b) the state and federal courts located in Duval County, Florida for transactions originating from a Leppo location in Florida or Alabama. Each of the parties hereto acknowledges and consents to the personal jurisdiction of each of said courts.  Any action by Customer against Leppo for any default by Leppo under the Order, including without limitation breach of warranty or indemnity, shall be commenced within one (1) year after any such cause of action accrues.

    13. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE ORDER, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THE ORDER, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE ORDER, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THE ORDER, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

    14. Force Majeure. Leppo shall be liable or responsible to Customer, or be deemed to have defaulted under or breached the Order, for any failure or delay in fulfilling or performing any term of the Order, when and to the extent such failure or delay is caused by or results from acts beyond Leppo’s reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of the Order; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar or dissimilar events beyond the reasonable control of Leppo. Leppo shall give notice of the Force Majeure Event to the Customer, stating the period of time the occurrence is expected to continue. Leppo shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that Leppo’s failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by it under this Section 14, the Customer may thereafter terminate the Order upon thirty (30) days' written notice to Leppo.

    15. Miscellaneous. (a) The Order, including any related attachments, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.  (b) All notices, requests, consents, Claims, waivers, and other communications hereunder must be in writing and addressed to the parties at their address on the face of the Order. (c) If any term or provision of the Order is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of the Order and the court may modify the Order to reflect the original intent of the parties as closely as possible. (d) No amendment or modification of the Order is effective unless in writing and signed by an authorized representative of each party. (e) No waiver by any party of any provisions of the Order shall be effective unless explicitly set forth in writing and signed by the waiving party. No failure to exercise, or delay in exercising, any right, remedy, or privilege arising hereunder shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege. (f) The relationship between the parties is that of independent contractors. Nothing in the Order shall be construed as creating any agency, partnership, franchise, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.  (g) The Order may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be the same agreement. A signed copy of the Order delivered by email or other means of electronic transmission shall have the same legal effect as delivery of an original signed copy of the Order.  (h) The individual signing the Order represents and warrants that he/she is of legal age, has the authority and power to sign the Order on behalf of Customer, and is not a consumer as defined by applicable Law.

Legal

  • Website Terms & Conditions

    WEBSITE TERMS AND CONDITIONS OF USE

    Last updated September 2023

    In this Terms and Conditions of Use Agreement (“Agreement,” “Terms of Use, or “Terms”), “Leppo,” “we,” “us,” or “our” refers to Leppo, Inc. dba Leppo Rents/Bobcat of Akron, and its affiliates. Leppo provides certain services and the use of our site https://www.lepporents.com/ (the “Site”) to you subject to the following terms and conditions.

    PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU CONTINUE. BY ACCESSING THIS WEBSITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS OF USE AND ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER AND EXIT THE SITE.

    1.                   General

    Welcome to the Site: https://www.lepporents.com/, which is owned and operated by Leppo, Inc.

    Since 1945, Leppo has focused on providing high quality equipment to its customers. Starting in the 1970’s, our focus shifted to construction equipment, a transition which propelled the growth of the company. For years, Leppo Rents has been a dealer for many manufacturers including Massey Ferguson, Case trenchers, Lull forklifts, Gradall, New Holland, and Mustang. Our current primary equipment lines include Bobcat, JLG, Hydro Mobile, and more. With locations in Ohio, Alabama, and Florida, Leppo has grown considerably since its first store in Akron, Ohio. Leppo Rents operates and handles business the ‘Leppo Way.’ The ‘Leppo Way’ ensures that Leppo Rents strives to make decisions that are in the best interest of our customers, coworkers, community, vendors, and company. The ‘Leppo Way’ has been our guiding principles that we have operated on for over 75 years. It is the standard that we hold ourselves to every single day.

    2.                   Terms

    This Agreement sets forth guidelines for the use and viewing of our Site. By browsing to or using the Site, you (as a “User”) agree to these Terms of Use. A “User” is defined as any individual browsing or using the Site. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Leppo, concerning your access to and use of the Site as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

    Leppo reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Leppo will post any changes to these Terms of Use on the Site. All changes are effective immediately when we post them and apply to all access to and use of our Site thereafter. Your continued use of our Site following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our Terms of Use, as they are binding on you. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Leppo may terminate your right to and deny you access to this Site if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever.

    Use of this Site is limited to persons eighteen (18) years of age and over. The policy of Leppo, as the operator of this Site, is to NOT knowingly collect any personal information from persons under the age of thirteen (“13”), including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (“COPPA”). If you are under the age of 13, you should leave the Site without providing any information about yourself. Any access to or use of this Site by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site and to be subject to the terms of this Agreement. By using the Site and any services connected therewith, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

    3.                   Privacy Policy

    Leppo may collect certain User information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your name and e-mail address, when you connect with us using our Contact Us or Request a Quote plugins or when you submit to our Career webpage. When you provide information to Leppo in connection with your access to or use of the Site, you agree to provide only true, accurate, current, and complete information.

    In addition to these Terms of Use, your personally identifiable information obtained by us from this Site is subject to our Privacy Policy, which you can access here: https://www.lepporents.com/privacy-policy. For more information, please see our Privacy Policy.

    The Leppo Privacy Policy describes your privacy rights related to the use of that information. If you would like to exercise your rights, you may contact us using the information below to submit your request:

    LEPPO INC.

    dba Leppo Rents/Bobcat of Akron

    176 West Ave

    Tallmadge, OH 44278

    Attention: PRIVACY OFFICER

    By Email: dataprivacy@leppos.com

    4.                   Payment Card Industry Data Security Standard (PCI-DSS)

    We follow the Payment Card Industry Data Security Standard (PCI-DSS) when handling credit card data. Leppo currently accepts VISA, MasterCard, Discover, and American Express credit cards as authorized payment methods for services and orders. All payment transactions are processed through our bank, PNC, directly through their online payment programs and services for businesses, in adherence to PCI-DSS, and other applicable standards. Leppo at its sole election may discontinue support for any payment method or it may support additional payment methods (ex. Apple Pay, Amazon Payments, etc.).

    5.                   Copyright, Trademark, and Site Mark Information

    The Site and all digital content in any form on the Site, including all designs, text, graphics, pictures, video, audio, information, applications, and other files, and their selection and arrangement (each, “Digital Content”) are the exclusive property of Leppo, its licensors, or other third parties and are protected by copyright, trademark, and other intellectual property laws. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Digital Content, in whole or in part.

    The Leppo logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by Leppo, or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Leppo. The Leppo proprietary trademarks include, but are not limited to, the following:

    All other trademarks displayed on the Site are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of Leppo by those third parties.

    6.                   Notification of Claimed Copyright Infringement

    If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

    a) A description of the copyrighted work that you claim has been infringed;

    b) Identification of the URL or other specific location on the Site where the material you claim is infringing is located;

    c)  Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;

    d)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    e) An affidavit submitted by you, sworn to, and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

    Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Leppo designates the following individual as its agent for receipt of notifications of claimed copyright infringement

    LEPPO INC.

    dba Leppo Rents/Bobcat of Akron

    176 West Ave

    Tallmadge, OH 44278

    Attention: COPYRIGHT NOTICE

    By Email: legaldept@leppos.com

    7.                   Voluntary Submission

    Leppo may collect User information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your e-mail address, when you request a quote. When you provide information to Leppo in connection with your access to or use of the Site, you agree to provide only true, accurate, current, and complete information. You hereby grant Leppo a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including any text, images and videos shared by you with us on social media (e.g., InstagramTM, FacebookTM etc.) or submitted through reviews and ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening or harassing.

    8.                   Accessing the Site and Account Security

    We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to Users. Each User acknowledges and accepts that Leppo does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.

    You are responsible for making all arrangements necessary for you to have access to our Site; and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

    You may not violate or attempt to violate the security of our Site, including, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any portion of our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to our Site, overloading, flooding, spamming, mailbombing or crashing; (e) forging any Transmission Control Protocol/Internet Protocol (TCP/IP) packet header or any part of the header information in any email or blog posting; or (f) forging communications on behalf of Leppo (impersonating Leppo), or forging communications to our Site (impersonating as a legitimate User).

    We may prosecute you to the full extent of the law for any violation of these Terms.

    9.                   Disclaimer

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER LEPPO, ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

    THE WEBSITE, SERVICES AND INFORMATION CONNECTED THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

    ALL INFORMATION AVAILABLE THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU HAVE FOUND ON THE SITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.

    10.                   Limitation of Liability

    IN NO EVENT WILL LEPPO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEPPO, ANY THIRD PARTY SUBLICENSEE OF LEPPO, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM ANY USER GENERATED CONTENT PROVISIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    11.                   Indemnification

    You agree to defend, indemnify, and hold harmless Leppo and its affiliates and their respective directors, members, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Site, including but not limited to, the violation of this Agreement, or infringement of any intellectual property rights.

    Further, you agree to indemnify, and hold harmless the Indemnified Parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any User Generated Content provisions contained herein.

    Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to the use of the Sites and the provisions contained herein, including any provisions relating to the Uniform Commercial Code.

    If you are a California resident, you expressly waive California Civil Code §1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

    12.                   Technology Export Control

    Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. As a User you agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Digital Content from the Site to either a foreign national or foreign destination in violation of such laws.

    13.                   Term and Termination

    These Terms of Use shall remain in full force and effect at all times while you use the Site.

    WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE WITHOUT WARNING, IN OUR SOLE DISCRETION.

    14.                   Third-Party Content

    The Site may include links to sites owned and maintained by third parties not related to Leppo (collectively referred to as “Third-Party Sites”). Any such links to the websites or other properties of third parties are provided for your convenience only, and such links do not imply endorsement by Leppo or affiliation of such Third-Party Sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content, or products located through any Third-Party Sites. You should contact those Third-Party Sites if you have any concerns regarding such links. Your use of any Third-Party Sites is subject to the terms & conditions of use and privacy policies of those sites. We encourage you to review all of the Third-Party Sites’ policies.

    Leppo disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning any Third-Party Sites and their product or content offerings, and you agree that any recourse for dissatisfaction or problems with any Third-Party Sites must be directed to the third party and not Leppo.

    Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties, are those of the third party and not of Leppo.

    15.                   Prohibited Activities

    The following actions are not allowed on the Site:

    a) You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;

    b) You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site;

    c) You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack;

    d) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

    e) You must not establish a link to our Site from any website that is not owned by you; and

    f) Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage.

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site other than that set out above and in our Privacy Policy, please contact us at dataprivacy@leppos.com.

    By breaching any of the provisions above, you would commit a criminal offense. We will report any such behavior to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

    We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

    16.                   Governing Jurisdiction

    The Site can be accessed from the United States, Canada and from other countries around the world. Although each of these jurisdictions have laws that may differ from those of the United States, by accessing the Site, if you are located outside of the United States, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the federal laws of the United States without regard to any principles of conflicts of law. Accordingly, this Agreement will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Ohio, without regard to any principles of conflicts of law. Any and all services and rights of use hereunder are considered performed in the United States of America and you agree that any action at law or in equity that arises out of or relates to Leppo or these Terms of Use will be filed only in the state or federal courts located in the State of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    17.                   Compliance with Laws and International Use

    You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

    Furthermore, we make no representation that Digital Content on the Site is appropriate or available for use in locations outside the United States and accessing the Digital Content from territories where such Digital Content is illegal is prohibited. Those who choose to access the Site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.

    The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.     

    18.                   Miscellaneous Terms

    These Terms of Use in conjunction with our Privacy Policy constitute the entire agreement and understanding between you and Leppo with respect to your use of the Site, superseding any prior agreements and understandings, and these Terms govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provisions) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms of Use may be assigned by Leppo, in our sole discretion, to a third party in the event of a merger or acquisition or change of control. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.

    No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

    Any rights not expressly granted herein are reserved by and for us.

    YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

    Leppo will use commercially reasonable efforts to promptly respond and resolve any problem or question.

    © Copyright 2023, LEPPO, INC. All Rights Reserved. 

  • Privacy Policy

    PRIVACY POLICY

    Last updated September 2023

    1.                   Leppo, Inc. Values Your Privacy

    This “Privacy Policy” outlines how your personally identifiable information (your “Visitor Information”) may be collected, used, and shared in connection with your access to and/or visitation or use of our site: https://www.lepporents.com/, (the “Site”), as well as what information we may collect through any third-party application or third-party sites, social networks, or social media sites (such as Facebook, LinkedIn, Google, etc., collectively “Applications”). This Privacy Policy also describes your choices and rights regarding the use, access, and correction or deletion of your Visitor Information. By visiting our Site, you consent to the use of your Visitor Information in accordance with this Privacy Policy. You may also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your Visitor Information via opt-in procedures.

    This Site is owned and operated by Leppo, Inc. dba Leppo Rents/Bobcat of Akron (herein referred to as “Leppo,” “we,” “us,” or “our”), and this Privacy Policy only applies to Visitor Information obtained by Leppo in connection with or related to your use of the Site. This Privacy Policy does not apply to information collected by us offline or through other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries), including through any Application or content (including advertising) that may link to or be accessible from, or on, our Site. Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using this Site you agree to this Privacy Policy. This Privacy Policy may change from time to time and your continued use of this Site means that you are consenting to be bound by the most recently updated version of this Privacy Policy.

    Leppo does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information. Despite this fact, this Privacy Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our visitor’s information in accordance with the GDPR.

    2.                   Data Collection

    General Information We Collect and How We Use It

    We collect Visitor Information when you use our Site. Sometimes you may submit it to us yourself, other times it may be collected automatically. Our handling of your Visitor Information is generally limited to processing product orders, addressing warranty-related issues, and handling and resolving general inquiries. You are not required to provide Leppo the personal data that we request, but if you choose not to do so, we may not be able to provide you with our services, or with a high quality of service or respond to any inquiries you may have.

    Information Collected When You Use Our Site

    Your Visitor Information may be collected, used, and shared. As detailed below, the type of Visitor Information collected may vary based on how it was gathered, but may include, among other things, your name, email address, address, education history, company name, company address, company website, company phone number, details regarding company officers, company insurance coverage information, credit references, and other information that you voluntarily submit (e.g., when you submit information via our Contact Us webpage or when you subscribe to our newsletter), information automatically collected about your usage of our Site that does not include personally identifiable information (e.g., the content that you choose to view and how you interact), and information about you that third parties may share with us if such third parties have previously received your consent to do so. In general, your Visitor Information means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. It does not include (i) publicly available information from government records; (ii) de-identified or aggregate information; or (iii) certain other personal data protected by other sector-specific state or federal laws.

    Moreover, we automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your Internet Protocol (IP) address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.

    Most web browsers, and some mobile operating systems and mobile applications, include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

    Leppo does not collect or process any data on the Site regarding the following: race or ethnic origin; political opinions; religious or philosophical beliefs; trade union memberships; genetic or biometric data; health or mortality; or sexual orientation.

    We may collect several categories of information from and about users of our Site, including:

    • Identity and Contact Information – We may collect or use this information, including your first name, last name, and email address.

    • Technical Data and Unique Device Identifiers – We collect IP addresses, operating system information, links clicked, pages visited, browser type, time zone setting, browser plug-in types, and referring websites of visitors to our Site (when possible).

    • Non-Identifying Information – We collect information that is about you but does not individually identify you, such as aggregate information about pages visited, length of time spent on our Site and its webpages, etc.

    • Commercial Information – We collect records of products or services purchased, obtained, or considered or other purchasing or consuming histories or tendencies.

    • Application Information – If you submit an application for employment through our Site, we may collect your first, middle, and last name, home address, email address, telephone number, information about your relationship with Leppo, education information, employment history information, job-related skills and qualifications, and personal/professional reference information.

    • Credit Information – If you submit a credit application through our Site, we may collect your name, email address, social security number (optional), federal ID number (optional), information about your company, company name, company address, company website, company phone number, company officers or owners, company officer or owner address, company banking information, company bank account number, company insurance coverage information, and credit references.

    On our Site, we collect your Visitor Information through various means, including through:

    • Inquiries from our Contact Us, Request a Quote, OSHA Compliant Training, or Text Us plugins;

    • 3rd Party Credit Application, accessible through unique code delivered by email. Application can be filled out and signed with DocuSign functionality; [Note: link directs to DocuSign hosted site for Leppo, which includes its own Privacy Policy]

    • Blanket Ohio Sales and Use Tax Exemption Form;

    • Employment applications and submissions to our Career postings;

    • Request Parts Form for various manufacturers;

    • Social media plugins; and

    • Web-tracking and website analytics technologies, such as cookies and web beacons.

    Voluntary Submission

    Leppo collects Visitor Information that is voluntarily provided by you or with your permission. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. You always have the option not to provide the information we request. If you choose not to provide the information we request, you can still visit the Site, but you may be required to provide your information by other means if we need such information to provide our services to you.

    Our Third-Party Vendors

    Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Visitor Information collected to track and examine the use of this Site, to prepare reports on its activities and share them with other Google Services. You can access Google’s privacy policy here: https://policies.google.com/privacy. DocuSign supports completion, signing and retention of the Credit Application. You can access DocuSign’s privacy policy here: https://www.docusign.com/privacy.

    Web Beacons

    Our web pages may contain electronic images known as web beacons (invisible images often referred to as pixel tags or clear GIFs) on the Site in order to recognize users, assess traffic patterns, identify preferred content, and measure Site engagement. We may also include web beacons in our e-mail messages in order to count how many e-mail messages have been opened, for example.

    Some of these web beacons may also be placed by third-party service providers to help determine the effectiveness of advertising campaigns. These web beacons may be used by third-party service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain web pages and compiles anonymous information in relation to those page views, which in turn enables us and our third-party service providers to learn which advertisements bring you to our website and how you use the Site.

    Log Files

    Our servers log information about your IP address, your browser type, and the current URL you are requesting. This information is always provided by your browser and automatically logged. These log files are stored in a secure location and used in our internal analysis of traffic patterns.

    Cookies and Similar Tools

    Like many businesses, we also collect information through cookies and similar technologies. A cookie is a small data file that is written to a computer’s hard drive by a web browser. A cookie file can contain and/or automatically collect information, such as a user identification code or IP address that a website will use to track the pages and number of times you have visited. The data read from these cookies may be linked to personally identifying (PII) and non-personally identifying (non-PII) information. We may collect and use non-PII to help us improve our services, customize your experience and analyze use of our services. This Privacy Policy does not limit our use or disclosure of collected non-PII. We reserve the right to collect, use and disclose such non-PII to our partners, advertisers and other third parties at our sole discretion.

    We and our partners may use cookies and similar technologies on the Site to personalize and optimize your browsing experience by: providing you tailored content, enabling social media features, safeguarding against spam and malware, analyzing trends, traffic, and user behavior, administering the website, gathering demographic information about our user base as a whole, tracking web and advertising analytics throughout the Site, remembering preferences and voluntarily-submitted information (e.g. name, email), performing location-related functionalities and analytics, participating in market research (e.g., website ratings), and educating Leppo about how the Site can continue to be improved. You may turn off cookies in your browser or have your browser warn you before accepting cookies. If you choose to turn off cookies, you may not be able to experience all of the features on our Site.

    Cookies fall into the subcategories below.

    Essential Cookies. Certain cookies are used for specific purposes that are essential to your secure use and navigation of the Site. Without them, Leppo may not be able to provide core Site functions and features to you, and the Site would not operate as well as you or Leppo would like. These cookies collect and use information such as your server preferences, single-session data and corresponding identifier, web beacons and log files, and other credential-related information. Essential cookies also help inform Leppo whether you require, or have already been served, an affirmative consent request in connection with our data policies. Essential cookies also include analytics cookies, which provide us data that allows Leppo to better understand its users and improve the Site based on what we have learned from that data.

    Preference Cookies. Other cookies are used to collect and process information about your preferences and similar choices in connection with the Site in order to optimize your browsing experience. Preference cookies include social media cookies, which collect information about your social media usage and other data you may have provided in connection with such usage (if you access the Site through a social media website or mobile application, you may have social media cookies). If you wish to modify or change your social media cookies, please visit the appropriate social media website and review the settings related to your applicable social media account(s).

    Advertising Cookies. To help support the Site and further tailor your experience, Leppo and certain of our third-party providers may also use cookies on the Site to personalize the content you may be shown. Some advertisements may use advertising cookies to provide targeted advertisements that may be more consistent with your interests than non-targeted advertisements. Leppo does not provide user information to third parties except in connection with the Site or as required by law.

    Analytics

    Services providing analytic tools (“Analytic Services”), including without limitation Google Analytics®, may be used with the Site which transmit website traffic data to servers in the United States. Analytic Services do not collect personal information, identify individual users, or associate your IP address with any other data. We do not share any personally identifiable information with our Analytic Services in connection with their performing of any services on our Site. We use reports provided by Analytic Services to help us understand website traffic and webpage usage. Each of these services has their own privacy policy that you should refer to.

    Third-Party Websites

    The Site may contain links to websites not owned or controlled by Leppo. We do not have any control over these third-party websites and do not endorse them. We encourage you to be aware of third-party websites and their privacy policies, as we are not responsible for privacy policies or practices of third-party websites. Please review the privacy policy of each website you visit before you submit any personal information to any of these websites.

    3.                 Data Usage

    Use of Your Information

    We collect, process and disclose your Visitor Information only for specific and limited purposes. For example, to respond to inquiries received from the use of any contact forms on the Site, to assess and handle any complaints, and to develop and improve our services, communication methods and the functionality of our Site.

    Our primary goal in collecting, using, and sharing Visitor Information is to enhance your experience on the Site, support the Site, and improve its features, performance, and other elements. We will not use your Visitor Information without a valid legal basis to do so, and we will only process your Visitor Information in a way that is compatible with and relevant to the purpose for which it was collected and authorized.

    Your Visitor Information may be used for the purposes outlined below.

    To Facilitate and Improve Our Services

    To respond to general inquiries and to provide customer support when needed, we collect and/or use Visitor Information, including your first and last name, and email address. Additionally, your Visitor Information may be used to present the Site and its content to you, request feedback, and for any other purpose with your consent.

    To Provide Communications to You

    From time to time, we may provide e-mails highlighting new features, promotions, or content on the Site to those users who have expressly provided us with their permission to send such communications. For instance, we may communicate with you by email in response to your inquiries or send you service-related announcements based on Visitor Information you provide to us. We may also use your Visitor Information to send you updates and other promotional communications with your consent. If you no longer wish to receive email updates, you may opt-out at any time by following the instructions included in each communication (usually in the form of an “unsubscribe” link), or email us at optout@leppos.com to update your personal contact preferences. Note that unsubscribing from our emails will not prevent you from receiving transactional emails relating to support, or service requests.

    As Necessary to Provide Information or Services

    We may occasionally hire other companies to provide limited services on our behalf, such as handling the processing of information submitted on any contact form on the Site, the delivery of any mailings or correspondence, processing transactions, or performing statistical analysis of our services (the “Provided Services”). We provide those companies the information they need to deliver the service. In some instances, these companies may collect information directly from you and you will be notified of the involvement of the external service provider. Such companies are subject to agreements that require them to maintain the confidentiality of your information and they are prohibited from using that information for any other purpose. We reserve the right to not track how you interact with any of the Provided Services.

    Sharing of Information

    You may be requested to voluntarily provide certain Visitor Information during your use of our Site. If you choose to do so, that Visitor Information may be shared with Leppo and its affiliates as well as business partners and vendors providing hosting and other web-based services for Leppo.

    Leppo may use third parties to provide e-mail messaging, text messaging, account management and hosting services for the Site. When you sign up for services, we will share your Visitor Information as necessary for the third party to provide that service. These third parties are prohibited from using your Visitor Information for any other purpose. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.

    In the Event of Change in Ownership or Control

    The ownership or control of the Site may change at some point in the future. Should that occur, we want this Site and/or Leppo to be able to maintain a relationship with you. In the event of a change in ownership, merger, bankruptcy or change in control of Leppo, your information may be shared with the person or business that owns or controls this Site. You will be notified as described below in “Changes to Privacy Policy.” Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.

    As Required By Law

    Leppo may disclose your personal information if required to do so by law, such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, investigate fraud or comply with a judicial proceeding, court order, or legal process served on Leppo, or to protect and defend the rights or property of Leppo.

    Legal Bases for Data Usage and/or Disclosure

    Leppo will not process your Visitor Information without a lawful basis to do so. In general, Leppo will process your Visitor Information on any of the following legal bases:

    • Consent – We may process your data if you have given us specific consent to use your personal information for a specific purpose.

    • Legitimate Interests – We may process your data when it is reasonably necessary to achieve our legitimate business interests.

    • Performance of a Contract – Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

    • Legal Obligations – We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

    • Vital Interests – We may disclose your information where we believe the processing is necessary in order to protect your vital interests or those vital interests of another natural person.

    More specifically, we may need to process your data or share your personal information in the following situations:

    • Business Transfers – We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

    When we collect and use your personal data for the purposes mentioned above or for other purposes, we will inform you before or at the time of collection. Where appropriate, we will ask for your consent to process your Visitor Information. Where you have given consent for processing activities, you have the right to withdraw your consent at any time.

    4.                   Data Protection

    How We Protect Your Information

    Leppo takes the security of your Visitor Information very seriously. We take every effort to protect your personal information from misuse, interference, loss, unauthorized access, modification or disclosure. Our measures include implementing appropriate access controls, investing in the latest information security capabilities to protect the IT environments we leverage, and ensuring we encrypt and anonymize personal data wherever possible. Access to your Visitor Information is only permitted among our employees and agents on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third parties.

    Your information may be stored on servers owned and operated by Leppo and its affiliates or by cloud/software service providers (“SaaS Services”) located in the United States. Our SaaS Services are committed to: (i) using industry-standard physical, electronic, and organizational safeguards to protect information against loss or theft as well as unauthorized access and disclosure; (ii) protecting individuals’ privacy; and (iii) employing security techniques to protect such data from unauthorized access. We follow generally accepted industry standards to protect the Visitor Information submitted to us, both during transmission and once we receive it. When entering Visitor Information on the Site, look for the secure icon (typically an image of a lock) and ‘https’ designation in the address box of your browser window that indicates you are on a secure page.

    However, it must be noted that “perfect security” does not exist today. If you are concerned that your privacy may have been breached, please contact us using the contact information provided at the bottom of this Privacy Policy.

    5.                   Data Retention

    How Long We Keep Your Information

    We will only keep your Visitor Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than reasonably necessary.

    When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. We will actively review the personal data we hold and delete it securely, or in some cases, anonymize it when there is no longer a legal, business, or consumer need for it to be retained.

    6.                   Privacy Rights and Considerations

    Party Policies

    You should review the privacy policies of any third parties before you provide any personal information or complete any transaction with such parties. Please contact each third-party provider directly if you have any questions about their privacy policies, or the information they require for you to complete any transaction.

    Children’s Online Privacy Information

    CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION

    Our Site is not designed for persons under the age of thirteen (“13”). We are not responsible for any access or use of the Site by children or minors under the age of 13. No one under age 13 may provide any personal information to or on our Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Site or through any of their features, use any of the interactive features of our Site, or provide any information about yourself to us, including your name, address, telephone number or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us as outlined below.

    By using the Site, you represent that you are at least 18 years of age.

    Residents of the European Union

    Leppo does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information. Despite this fact, this Privacy Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our visitor’s information in accordance with the GDPR.

    If you are a resident of the EU, you have specific rights concerning your Visitor Information under the GDPR as outlined in more detail below. Further information and advice about your rights can be obtained from the data protection regulator in your country.

    If you are a resident of the EU, under GDPR, you have the right to:

    • Request Leppo allow you to access the personal data belonging to you that it processes;

    • Request Leppo change or modify the data it processes about you when you believe the data is inaccurate;

    • Request Leppo erase any personal information about you that it has collected;

    • Request Leppo restrict the processing of your personal information under certain conditions;

    • Request Leppo deliver the personal data it holds about you in a commonly used format and request that such data be transmitted to another controller;

    • Request Leppo cease processing your personal data through an objection; and

    • Request Leppo not subject you to a decision based solely on automated processing.

    If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-pl.

    If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

    If you would like to exercise your rights under GDPR, you may contact Leppo as outlined below under the section for “Contacting Data Controller.”

    Residents of Alabama

    If you are a resident of Alabama, you have the right to protection of your personally identifiable information in accordance with the provisions of Alabama Data Breach Notification Act of 2018 (the “ADBNA”). Additionally, you have the right to be notified of a breach of your Visitor Information as required by the ADBNA.

    Residents of California

    If you are a resident of California, under the California Consumer Privacy Act and California Privacy Rights Act (collectively, the “CCPA”), you have the right to:

    • Request Leppo to disclose the categories and specific information that it has collected about you;

    • Request Leppo to delete any personal information about you that it has collected;

    • Request Leppo not to share your personal information at any time (the “right to opt-out”);

    • Request Leppo to correct any inaccurate personal information it maintains about you; and

    • Request Leppo to restrict its use and disclosure of your sensitive personal information.

    If you would like to exercise your rights under the CCPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the CCPA.

    Residents of Colorado

    If you are a resident of Colorado, under the Colorado Privacy Act (“CPA”), you have the right to:

    • Request Leppo to allow you to opt-out of data processing for targeting advertising, sale or profiling using your personal data;

    • Request Leppo to grant you access to any data that we have collected about you;

    • Request Leppo to correct any data that we have collected about you that is incorrect or outdated;

    • Request Leppo to delete any data collected about you that we hold; and

    • Request Leppo to provide your data in a format that allows it to be transferred to another entity.

    If you would like to exercise your rights under the CPA, you may contact Leppo as outlined further below.

    Residents of Connecticut

    If you are a resident of Connecticut, under the Connecticut Data Privacy Act (“CTDPA”), you have the right to:

    • Request Leppo to confirm whether we are processing your personal data, and to provide access to any such data we may process about you;

    • Request Leppo to provide you with a copy of your personal information in a portable and readily usable format;

    • Request Leppo to correct any inaccuracies in any personal data we hold about you;

    • Request Leppo to delete personal data that is provided by, or obtained about, you; and

    • Request Leppo to allow you to opt out of the processing of your personal data for purposes of targeted advertising, the sale of your personal data, and profiling in furtherance of solely automated decisions that produce significant effects.

    If you would like to exercise your rights under the CTDPA, you may contact Leppo as outlined further below.

    Residents of Delaware

    If you are a resident of Delaware, under the Delaware Personal Data Privacy Act (“DPDPA”) (effective January 2025), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide a copy of the data we hold about you in an easy, portable form for transferability;

    • Request a list of categories of third parties to which personal data has been disclosed;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the DPDPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the DPDPA.

    Residents of Virginia

    If you are a resident of Virginia, under the Virginia Consumer Data Privacy Act (“VCDPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in an easy, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the VCDPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the VCDPA.

                Residents of Utah

    If you are a resident of Utah, under the Utah Consumer Privacy Act (“UCPA”), you have the right to:

    • Request Leppo to grant you with access to the personal data we hold about you;

    • Request Leppo to delete your personal data that you have provided to us;

    • Request Leppo to provide you with a copy of your personal data that you have provided to us in a format that is portable, readily usable and transferable;

    • Request Leppo to allow you to opt-out of the processing of your personal data for the purposes of targeted advertising, or the sale of your personal data.

    If you would like to exercise your rights under the UCPA, you may contact Leppo as outlined further below.

    Residents of Texas

    If you are a resident of Texas, under the Texas Data Privacy and Security Act (“TDPSA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the TDPSA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the TDPSA.

    Residents of Iowa

    If you are a resident of Iowa, under the Iowa Consumer Data Protection Act (“IACDPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability; and

    • Request Leppo to allow you to opt-out of the sale of your personal data.

    If you would like to exercise your rights under the IACDPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the IACDPA.

    Residents of Indiana

    If you are a resident of Indiana, under the Indiana Consumer Data Protection Act (“INCDPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the INCDPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the INCDPA.

    Residents of Oregon

    If you are a resident of Oregon, under the Oregon Consumer Privacy Act (“OCPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data and the categories of any data and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to inform you of any specific third parties to which we have disclosed your personal data;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the OCPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the OCPA.

    Residents of Montana

    If you are a resident of Montana, under the Montana Consumer Data Privacy Act (“MCDPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the MCDPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the MCDPA.

    Residents of Tennessee

    If you are a resident of Tennessee, under the Tennessee Information Protection Act (“TIPA”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data; and

    • Request Leppo to allow you to opt-out of profiling based upon your personal data.

    If you would like to exercise your rights under the TIPA, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the TIPA.

    Residents of Florida

    If you are a resident of Florida, under the Florida Digital Bill of Rights (“FDBR”), you have the right to:

    • Request Leppo to confirm whether we process your personal data, and to allow you with access to any such data;

    • Request Leppo to delete any of your personal data that we hold;

    • Request Leppo to correct any inaccuracies in the personal data we hold about you;

    • Request Leppo to provide the data we hold about you in a readily usable, portable form for transferability;

    • Request Leppo to allow you to opt-out of the processing of your personal data for targeted advertising;

    • Request Leppo to allow you to opt-out of the sale of your personal data;

    • Request Leppo to allow you to opt-out of profiling based upon your personal data; and

    • Request Leppo to allow you to opt- out of the collection of personal data collected through voice or facial recognition;

    • Request Leppo to opt-out of the collection of sensitive personal data.

    If you would like to exercise your rights under the FDBR, you may contact Leppo as outlined further below. Leppo may not discriminate against you if you exercise any of your rights under the FDBR.

    Residents of Nevada

    Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by emailing us at optout@leppos.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

    Residents of Canada

    If you are a resident of Canada, under the Personal Information Protection and Electronic Documents Act (“PIPEDA”), you have the right to:

    • Request Leppo to provide you with access to the personal information we hold about you;

    • Request Leppo to correct any inaccurate or outdated personal information we hold about you;

    • Request Leppo to delete any inaccurate personal information we hold about you; and

    • Request Leppo to withdraw your consent to any activities for which you have previously consented.

    When we collect information from you, you may inform us if you do not wish to be contacted for marketing/market research purposes in accordance with Canadian Anti-Spam Legislation. If you do not want to receive promotional information from us or our representatives, please use the unsubscribe option in your user account or the email you received, or email us at optout@leppos.com to update your personal contact preferences.

    If you would like to exercise your rights under the PIPEDA, you may contact Leppo as outlined further below.

    Residents of Mexico

    If you are a resident of Mexico, under the Federal Law on the Protection of Personal Data Held by Private Parties (“FDPL”) and the Regulations of the Federal Data Protection Law (“FDPL Regulations”), you have the right to:

    • Request Leppo allow you to access the personal data belonging to you that it processes;

    • Request Leppo change or modify the data it processes about you when you believe the data is inaccurate;

    • Request Leppo erase any personal information about you that it has collected;

    • Request Leppo restrict the use and disclosure of your personal information;

    • Request Leppo cease processing your personal data through an objection; and

    • Request Leppo to withdraw your consent to process personal data.

    If you would like to exercise your rights under the FDPL Regulations, you may contact Leppo as outlined further below.

    7.                   Revisions and Updates

    Changes to Privacy Policy

    We may update this privacy notice from time to time as necessary to reflect customer feedback, changes in our services, and changes in the law. The updated version will be indicated by a revised “Last updated” date and the updated version will be effective as soon as it is accessible.

    If we make any material changes to this Privacy Policy, we will notify you by means of a notice on this Site prior to the change becoming effective. We reserve the right to amend this Privacy Policy at our discretion and at any time. We encourage you to periodically review this page for the latest information on our privacy practices and to review our most current Privacy Policy. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

    8.                   Contact

    Contacting Data Controller

    To request to review, update, delete your personal information, or exercise any of your rights in accordance with this Privacy Policy, or if you have any additional questions regarding this Privacy Policy or how to remove or modify your user information or related consents, please feel free to contact us by the e-mail or the mailing address below:

    LEPPO INC.

    dba Leppo Rents/Bobcat of Akron

    176 West Ave

    Tallmadge, OH 44278

    Attention: PRIVACY OFFICER

    By Email: dataprivacy@leppos.com

    Leppo will use commercially reasonable efforts to promptly respond and resolve any problem or question. © Copyright 2023, LEPPO INC. All Rights Reserved.


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