GENERAL TERMS

1. CONFIDENTIALITY: The Buyer and the Seller agree to keep confidential their Identification Number, Password, and any Sales Lot Numbers that may be assigned to them by Refrigerant Clearinghouse Direct, hereinafter referred to as RCD.

2. FREIGHT EXPENSE: The Buyer has the responsibility for the freight costs incurred in all completed transactions. The Buyer must consider this freight expense in making all offers and counteroffers. All freight for completed transactions shall be arranged by RCD as a "Third Party Blind Shipment" and will be on a “Freight Prepaid and Add" basis. A $25.00 blind shipment fee is added to the regular freight charges by the carriers. This fee will be passed on to the Buyer.

3. TRANSACTION FEE: RCD will collect a minimum fee of $100.00 per completed transaction or a fee of three percent of the total of the completed transaction, which ever is the greater, from the Seller and will deduct this fee from the sale proceeds at the time of forwarding payment to the Seller from the RCD Escrow Account. The Seller must consider this fee in entering their asking price and all subsequent offers and counteroffers.

4. OFFERS AND ACCEPTANCE: The Buyer agrees that the Buyer may not rescind an online offer after the Seller has accepted the online offer and the Seller agrees that the Seller may not rescind an online acceptance of the online offer, once made. The Buyer and Seller agree to contact RCD immediately by email, fax, or telephone if an error has been made in making any entry that would nullify a completed transaction. The Buyer and Seller agree that for the purposes of this agreement, the term "immediately" shall be interpreted as being within 60 minutes of the commission of the erroneous entry according to the logs maintained by RCD. Both Buyer and Seller agree to accept any decision made by RCD concerning any erroneous entries made by either the Buyer or Seller and such decision shall be binding on both parties.

5. REQUIRED DOCUMENTS: The Buyer must sign an RCD provided proxy purchase order for any Sales Lot Number purchased by him and the Seller must sign an RCD provided acceptance of this proxy purchase order. The Buyer and the Seller agree that their faxed signatures are to be considered and accepted as their original signatures on all RCD documents.

6. PAYMENTS FROM BUYER: All payments made by the buyer will be made payable to RCD and deposited to the RCD Escrow Account. Shipment will go forward when the Buyer's remittance for the Sales Lot Number purchase amount has cleared the Buyer's bank and has been credited to the RCD Escrow Account. The Buyer's remittance (at his option) may be a wire transfer of funds, certified bank check, or company check. Be advised that checks drawn on banks outside the State of Florida may require three to seven days to clear. Payments will be made using currency of United States Dollars. Amounts received, charged, and disbursed by RCD shall be in United States Dollars.

7. SHIPMENT BY SELLER: Seller will make immediate shipment of the purchased Sales Lot Number when notified by RCD of receipt of the Buyer's cleared funds. The Seller will use only those documents provided by RCD to effect shipment of any Sales Lot. The Seller agrees not to use any of Seller's company labels, packing lists, bills of lading, or any other materials or means of identifying Sellers company on any cylinders, boxes, skids, or other shipping containers. It is understood that private label or branded cylinders and/or boxes are exempt from this requirement.

8. ACCEPTANCE BY BUYER: The Buyer shall have ten days after receipt of the shipment to advise RCD if there is any reason for rejection. A shipment may be rejected by the Buyer only if it was not as represented; i.e. the product, type, quality, quantity, and/or condition does not agree with the Sales Lot Number information. The Buyer may return the shipment after authorization from RCD or the buyer may negotiate with the Seller, through RCD, for an acceptable solution. In the event that the Buyer and Seller cannot reach an acceptable solution within a five day period after notification of rejection, the Buyer, when directed by RCD, shall return the shipment, to the Seller with transportation being arranged by RCD as a "Third Party Blind Shipment". When there is a legitimate rejection of a shipment, the Seller must reimburse RCD, for both the inbound and outbound freight expense before the shipment will be returned. The Buyer's purchase amount, any cylinder deposits made by the Buyer, and the Buyer's freight charges, will be returned in its entirety to the Buyer from the RCD Escrow Account when the returned shipment is received by the Seller.

9. PAYMENTS TO SELLER: On receipt of the Buyer's signed acceptance of the Sales Lot or on the eleventh day after Buyer's receipt of the shipment (unless the Buyer has rejected the shipment within the ten day inspection period) RCD will immediately forward from the RCD Escrow Account an RCD check to the Seller for the purchase price less the Seller's completed transaction fee.

10.DIRTY OR MIXED PRODUCT: In the event that the Sales Lot Number was Dirty or Mixed Product, RCD will hold back fifteen percent of the purchase price due the Seller to use towards any invoice adjustment that might be necessary due to the number of pounds of reclaimed product the Sales Lot Number yields. The Buyer has thirty days from acceptance of the product to determine, either from actual processing or from testing of the product, his yield from the Sales Lot Number. Seller agrees to accept a signed yield statement from the Buyer or his representative, which will be sent to RCD, as proof of any poundage adjustment. On receipt of this statement, RCD will disperse the fifteen percent hold back to the Buyer and/or Seller in accordance with this yield statement. In the event that the Buyer does not supply a yield statement within the thirty day period; on the thirty-first day after acceptance of the Sales Lot Number by the Buyer, RCD shall disperse the fifteen percent hold back, in its entirety, to the Seller. This 30 day period may be extended at the discretion of RCD if, in RCD's sole judgement, there are extenuating circumstances delaying the completion of processing.

11.CYLINDER DEPOSITS: The Buyer has thirty days from acceptance of the Sales Lot to notify RCD of the return of any cylinders where a deposit was charged. Return freight for deposit cylinders shall be arranged by RCD as a "Third Party Blind Shipment" and will be on a “Freight Prepaid and Add" basis. A $25.00 blind shipment fee is added to the regular freight charges by the carriers. This fee will be passed on to the Buyer. Upon receipt and inspection of the deposit cylinders by the Seller, RCD will disperse the cylinder deposit hold back, less the return freight charges, to the Buyer. In the event that the Buyer does not notify RCD within the thirty day period; on the thirty-first day after acceptance of the Sales Lot Number by the Buyer, RCD shall disperse the cylinder deposit hold back, in its entirety, to the Seller.

Both Buyer and Seller agree that RCD is acting in their behalf only as a listing and transaction agent and is not responsible in any way for any misrepresentations of any kind; including, but not limited to, misrepresentations of any product, type, quality, quantity, and/or condition or the validity of any ARI700 Certification, Certificate of Origin, or EPA Certification. Both Buyer and Seller agree, where it is warranted, to each be responsible for any sales tax, use tax, excise tax, or any other tax that may be levied as a result from the use of this listing and transaction service. Both Buyer and Seller agree to hold RCD harmless from any action that results from the use of this listing and transaction service. RCD shall not be liable for any consequential or punitive damages and its liability shall be limited to its fee received in connection with the transaction. Buyer and Seller jointly and severally indemnify RCD from and against any and all damage, loss, cost, and expense arising out of or relating to the transactions contemplated hereby except to the extent, if any, caused by RCD's fraud or willful misconduct. Any dispute involving RCD shall be settled by arbitration in St. Louis, Missouri, pursuant to the Rules of the American Arbitration Association and the arbitrator(s) shall be lawyers. Nothing herein shall be deemed to deny RCD the right to commence an interpleader or similar proceeding against Buyer and Seller to determine ownership of the goods or the funds. The Buyer and the Seller consent to the jurisdiction of the Missouri State Courts or any Federal District Court sitting in Missouri to determine such ownership and consent that service of process in any such proceeding may be accomplished by any method reasonably calculated to give notice thereof.

These terms constitute the entire agreement between RCD and any users of the services provided by this site. The agreement cannot be changed, modified, waived or terminated orally but only in writing and signed by an authorized representative of RCD or by posting the Terms of Registration Agreement, in their entirety, on the RCD website.

Not excluding any and all other remedies provided by these terms, the failure to comply with any of the above terms or conditions may result in removal from this service.