TERMS AND CONDITIONS

1. Parties; acceptance; authority

These Online Refrigerant Terms of Sale and Regulatory Compliance Agreement (“Terms”) are between SCC Industries, Inc., doing business as Royal Refrigerants (“Seller”), and the individual or legal entity identified as the purchaser and account holder for the order and named as purchaser on Seller’s invoice (“Buyer”). The individual who creates or uses an account, submits an order, selects an eligibility certification, uploads a record, or accepts delivery is the “Authorized User” when acting for Buyer. Authorized User is personally responsible for each representation, certification, electronic signature, and record Authorized User submits, but is not Buyer solely because Authorized User acts for a disclosed entity.

By checking the required assent box and clicking “Place Order,” Authorized User: (a) acknowledges conspicuous access to these Terms; (b) agrees to the version displayed for that order; (c) adopts an electronic signature; (d) certifies legal age and capacity; and (e) represents that Authorized User has authority to bind Buyer. If Authorized User lacks authority or Buyer does not agree, no order may be submitted. Each accepted order is a separate transaction incorporating these Terms, the selected Refrigerant Purchase Certification, the invoice, and any written product-specific conditions accepted by Seller.

2. Definitions

“Applicable Law” includes the Clean Air Act; 40 C.F.R. parts 82 and 84, including 40 C.F.R. §§ 82.34, 82.42, 82.154, and 82.161; EPA refrigerant, venting, servicing, Significant New Alternatives Policy, and recordkeeping requirements; California Health and Safety Code § 39735; California Code of Regulations, title 17, §§ 95390–95393; California’s Refrigerant Management Program and other applicable California Air Resources Board requirements; hazardous-material, transportation, environmental, consumer, export, and local laws; and their amendments. “Certification Record” means the selected eligibility certification; electronic-signature event; certification card or credential; purchaser name and business address; current-employment documentation; authorized-user or representative evidence; reseller statement; invoice and order-line information; and verification metadata. “Product” means any refrigerant, cylinder, or related item in an order.

“Restricted Refrigerant” means a Product whose sale, distribution, offer, transfer, receipt, or intended use is subject to a purchaser-eligibility, certification, documentation, product, container, end-use, destination, global-warming-potential, virgin-content, reclaimed-content, origin, labeling, or other restriction under Applicable Law. A Product is not a Restricted Refrigerant only to the extent every applicable sales restriction expressly exempts the transaction. A qualifying small container of non-exempt substitute MVAC refrigerant with the required unique fitting and self-sealing valve may be exempt from the federal technician-sales restriction but may remain subject to other federal, state, product, container, labeling, destination, or end-use requirements.

3. Eligibility is product- and transaction-specific

Buyer represents and warrants for each order containing a Restricted Refrigerant that the displayed eligibility basis selected for the order is true, complete, and applicable to Buyer, the specific Restricted Refrigerant, the quantity, the intended end use, and the delivery destination. Buyer’s selected Refrigerant Purchase Certification is incorporated into these Terms. A direct Section 608 or Section 609 technician basis may be used only when Buyer named on the account, order, and invoice is the individual identified on the certification record on file. An entity Buyer must use an employer/authorized-representative or wholesaler/reseller basis, as applicable, even if its Authorized User is personally certified. All submitted credentials and records must be genuine, unaltered, attributable to the identified person or entity, and current as to the facts they establish. A Section 609 certification is valid as a purchase basis only for a Product acceptable for MVAC use; it does not authorize purchase for stationary refrigeration or air-conditioning appliances. Eligibility must remain true through acceptance, shipment, delivery, possession, use, and any transfer. Seller’s review, approval, or failure to discover falsity does not transfer Buyer’s obligations, validate an invalid credential or transaction, or create a representation that Buyer’s intended conduct is lawful.

If Buyer relies on an employer or authorized-representative basis, Buyer represents and warrants that Buyer currently employs at least one technician holding the certification required for the Restricted Refrigerant and that each Authorized User is authorized to purchase and receive Restricted Refrigerant for Buyer. As a condition of account approval and order release, Buyer must provide written documentation showing current employment, together with the technician’s certification record and any authorized-user list or other authority evidence Seller requests. A technician certification card, standing alone, does not establish employment or representative authority. Buyer will immediately notify Seller at Admin@royalrefrigerants.com if a certification, employment relationship, authority, business status, intended use, shipping destination, or other material fact changes.

Certification or account approval does not override an independent product or destination restriction. Without limiting the foregoing, eligibility certification does not authorize the sale or entry into commerce in California of a bulk hydrofluorocarbon or bulk blend prohibited by California Health and Safety Code § 39735 or other Applicable Law, regardless of the purchaser’s certification status.

4. Verification; information requests; refusal rights

Seller may approve an account based on Certification Records on file and may permit later orders without requiring the same certification card or other previously approved record to be uploaded again. Any approval is account-specific, nontransferable, product- and destination-limited, and conditional on the Certification Records remaining accurate and sufficient. For each later order, Buyer and Authorized User reaffirm that the information and records on file remain accurate, that the selected eligibility basis still applies, and that the order is lawful. No repeat upload is required unless a material fact changes, a record is missing or inconsistent, Applicable Law requires updated documentation, or Seller requests reverification. Buyer authorizes Seller to verify submitted information with certifying organizations, employers, government databases, business registries, references, downstream customers, and other reasonably relevant sources. Buyer will promptly supply additional identification, certification, employment, authority, end-use, business, resale, or shipping documentation requested by Seller. Seller may delay, reject, cancel, limit, or place conditions on any order; decline any delivery; suspend or terminate an account; or require reverification whenever Seller reasonably cannot confirm eligibility, identifies a mismatch or suspicious fact, or determines the transaction presents legal, safety, fraud, credit, supply, or reputational risk. No payment authorization or automated confirmation constitutes acceptance. Seller accepts an order only when it expressly confirms acceptance after completing the account- and transaction-level review Seller requires.

5. Buyer’s compliance obligations

Buyer will purchase, receive, possess, transport, store, use, recover, recycle, reclaim, sell, and transfer each Product only in compliance with Applicable Law and manufacturer instructions. Without limiting that obligation, Buyer will not: (a) knowingly vent or release refrigerant; (b) use a Product in equipment or for an end use for which it is prohibited or unacceptable; (c) defeat cylinder, tracking, return, allowance, quota, labeling, reporting, or recordkeeping requirements; (d) transfer a Product to an ineligible or unverified person; (e) falsify, alter, lend, or misuse a credential, signature, invoice, or record; (f) relabel, adulterate, or misrepresent a Product, its origin, composition, global warming potential, virgin content, reclaimed content, or lawful status; (g) export or divert a Product unlawfully; (h) cause a bulk hydrofluorocarbon or bulk blend to enter commerce in California contrary to California Health and Safety Code § 39735 or other Applicable Law; or (i) sell or transfer used refrigerant for use as a refrigerant unless it has been lawfully reclaimed or another express exception applies. Buyer is solely responsible for determining whether its personnel, facility, equipment, intended end use, destination, and downstream transaction satisfy Applicable Law. Nothing in these Terms shifts or waives any nonwaivable duty imposed directly on Seller.

6. Additional reseller obligations

A Buyer relying on the wholesaler/reseller category must be a bona fide reseller purchasing the Restricted Refrigerant for resale only and not for Buyer’s own installation, servicing, use, or consumption. The Restricted Refrigerant may be resold only to persons or entities eligible to receive it under Applicable Law. Buyer must execute the enhanced Reseller Purchase Certification for every order. The certification must state that the Restricted Refrigerant covered by the order is being purchased for resale only and must identify the purchaser’s legal name, organization’s legal name, business address, typed electronic signature, date and time, and order number. Reseller will implement a documented downstream-verification program at least as protective as Seller’s, including product gating, identity and credential review, current-employment and authority verification where applicable, invoice records, exception handling, and refusal of suspicious transactions. Reseller will not treat a website notice, unchecked statement, or unverified customer assertion as sufficient.

Reseller will maintain a traceable chain of custody and preserve each downstream invoice and eligibility record for at least five years or longer if required. Upon Seller’s reasonable request, Reseller will provide records sufficient to verify compliance, permit a reasonable compliance audit, and cooperate in a recall, investigation, or regulatory response. Reseller will promptly quarantine affected inventory and stop sales if it discovers a false certification, unlawful diversion, prohibited end use, or material record gap.

7. Orders; price; taxes; quantity limits

Prices, availability, taxes, fees, deposits, cylinder charges, and shipping terms are those displayed or quoted when Seller accepts the order, subject to correction of obvious errors. Buyer is responsible for applicable taxes unless Seller has accepted valid exemption documentation. Seller may impose quantity limits, allocate supply, require deposits, substitute packaging only with Buyer’s consent where required, or cancel an order that cannot lawfully or safely be fulfilled. Refunds for a Seller-cancelled order will be limited to amounts actually received for the cancelled Product.

8. Delivery; authorized receipt; inspection

Buyer will provide a complete lawful delivery address and ensure that delivery is accepted only by an adult authorized for Buyer and, where required, within Buyer’s verified organization. Seller may require signature, identification, business-address delivery, carrier restrictions, or pickup controls. Buyer must inspect the shipment promptly and report visible loss, damage, or nonconformity with supporting photographs and carrier documentation within five business days, without limiting rights that cannot lawfully be waived. Title and risk of loss pass as provided in the accepted invoice and Applicable Law. Buyer may not redirect a shipment to an unverified person or location without Seller’s prior written approval.

9. Hazardous materials; safe handling; environmental responsibility

Refrigerants may be pressurized, toxic, flammable, asphyxiating, environmentally regulated, or otherwise hazardous. Buyer represents that qualified personnel will review the safety data sheet and labeling before receipt and will use suitable transport, ventilation, detection, personal protective equipment, storage, recovery, leak-response, and emergency procedures. Buyer will not refill, alter, defeat, or dispose of a cylinder except as permitted by the cylinder owner, manufacturer, and Applicable Law. Buyer is responsible for releases, cleanup, reporting, and remediation arising after delivery to the extent caused by Buyer or persons in its chain of custody.

10. Product information; no technical or legal advice

Product descriptions, compatibility references, regulatory summaries, and customer-service communications are informational and may not address Buyer’s equipment, jurisdiction, or use. Buyer will independently confirm specifications, purity, charge requirements, compatibility, and legal eligibility with the equipment manufacturer and qualified professionals. Seller does not provide legal, engineering, installation, or environmental-compliance advice. No communication changes these Terms unless contained in a written amendment signed by Seller’s authorized representative.

11. Returns; recalls; cylinder programs

Returns require Seller’s prior written authorization and must comply with Seller’s then-disclosed return procedure, carrier rules, Product condition requirements, and Applicable Law. Seller may refuse opened, connected, contaminated, commingled, improperly stored, illegally possessed, or nonreturnable hazardous material. Buyer will promptly follow lawful recall, stop-sale, quarantine, cylinder-return, and disposition instructions. Nothing in this section limits a nonwaivable remedy for defective or misdescribed goods.

12. Limited warranty; disclaimer

13. Limitation of liability

14. Indemnity

To the fullest extent permitted by law, Buyer will defend, indemnify, and hold harmless Seller and its owners, officers, employees, agents, suppliers, and service providers from third-party claims, government investigations or actions, penalties, response and cleanup costs, recalls, losses, and reasonable attorneys’ fees arising from or related to: (a) a false, misleading, incomplete, expired, altered, or unauthorized certification, signature, document, or representation; (b) Buyer’s breach of these Terms or Applicable Law; (c) Buyer’s or a downstream person’s purchase, receipt, storage, transport, installation, use, release, resale, export, or transfer of a Product; (d) injury or property/environmental damage caused after delivery by Buyer’s conduct; or (e) Buyer’s negligence or willful misconduct. Buyer may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to release an indemnified party without that party’s written consent. This obligation does not apply to the extent a final decision determines the loss was caused by Seller’s gross negligence or willful misconduct, or where indemnity is prohibited.

15. Records; privacy; regulatory disclosures

Seller may collect, authenticate, use, store, reproduce, and disclose Certification Records and related order information as reasonably necessary to evaluate eligibility, prevent fraud, administer transactions, satisfy recordkeeping, reporting, registration, and product-restriction duties, protect safety or legal rights, respond to legal process, and cooperate with EPA, California Air Resources Board, law enforcement, carriers, certifying organizations, and other authorities. Buyer represents that it has authority to provide records concerning its personnel. Buyer agrees that Seller may retain Certification Records for at least five years after the applicable sale, and longer when required by Applicable Law, a disclosed retention practice, a legal hold, an investigation, or a dispute. Records may include invoices showing purchaser name and contact information, business address where applicable, date of sale, Product type and quantity; certification cards; current-employment documentation; authorized-user information; reseller statements; electronic-signature events; the accepted version of these Terms and incorporated certification; and verification metadata. Where Applicable Law requires records to be maintained at or made available from a facility, Seller may maintain paper records there or electronic records accessible from that facility. Electronic records may be used as originals and reproduced in readable form.

16. Notice and informal dispute process

Before filing arbitration or a permitted court action, the claimant must send an individualized written notice describing the dispute, relevant order, requested relief, and contact information to Admin@royalrefrigerants.com. The parties will confer in good faith for 30 days after receipt. A limitations period is tolled during that 30-day period. Either party may seek urgent temporary relief to preserve the status quo, protect confidential information, or prevent imminent unlawful transfer or environmental harm.

17. Binding individual arbitration; class waiver; opt-out

17.1 Agreement to arbitrate. Except for the exclusions below, Buyer and Seller agree that any dispute, claim, or controversy arising out of or relating to these Terms, an order, a Product, the website, a Certification Record, or the parties’ relationship will be resolved by binding individual arbitration under the Federal Arbitration Act (“FAA”), not in court. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules when they apply, and otherwise under its Commercial Arbitration Rules, as modified by these Terms. The rules are available at www.adr.org. If AAA is unavailable, a court of competent jurisdiction will select a neutral substitute administrator.

17.2 Arbitrator and procedure. One neutral arbitrator may award any individual remedy available in court, subject to these Terms and Applicable Law. The arbitration will occur remotely, on written submissions, or in Los Angeles County, California, as the applicable rules and law permit. Fees will be allocated under the applicable rules, and Seller will pay any amount the law requires. The arbitrator will issue a reasoned written award. Except for questions reserved to a court below, the arbitrator will decide disputes concerning the scope, interpretation, and enforceability of this arbitration agreement.

17.3 Exclusions. Either party may bring an eligible individual claim in small claims court. Either party may seek temporary injunctive relief in court as described in Section 16. A claim for public injunctive relief that California law does not permit to be waived or compelled to arbitration may be pursued in court, and any arbitrable claims should be stayed while that claim proceeds. A court, not an arbitrator, will decide whether the parties formed an arbitration agreement and whether the class waiver or public-injunctive-relief provision is enforceable.

17.4 No class or representative proceedings. BUYER AND SELLER WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY IN THEIR INDIVIDUAL CAPACITIES. NO ARBITRATION OR COURT PROCEEDING MAY BE BROUGHT, HEARD, OR RESOLVED AS A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, EXCEPT to the extent a nonwaivable law requires otherwise. The arbitrator may not combine claims of different persons without all parties’ written consent.

17.5 Thirty-day opt-out. Buyer may opt out of this Section 17 without affecting an order by sending a signed written notice within 30 days after first accepting these Terms to Admin@royalrefrigerants.com. The notice must state “Arbitration Opt-Out,” identify Buyer and the relevant account or order, and be sent individually. An opt-out applies only to the person or entity identified and does not revoke any earlier arbitration agreement unless expressly stated and legally effective.

18. General

California law governs without regard to conflicts principles. Nonarbitrable proceedings must be brought in the state or federal courts located in Los Angeles County, California, unless nonwaivable law requires another forum, and each party consents to jurisdiction there. If any provision is unenforceable, it will be enforced to the maximum lawful extent and severed without affecting the remainder, except that Section 17.4 will be severed only as its text and Applicable Law permit. Buyer may not assign an order or these Terms without Seller’s written consent; Seller may assign them in connection with a merger, sale, financing, or transfer of the business. No waiver is continuing. Headings are for convenience. The incorporated documents are the complete agreement for the order and supersede prior statements on the same subject. Amendments apply prospectively only when displayed and accepted for a later order, unless Buyer separately agrees. Sections that by nature should survive, including eligibility representations, records, warranty limitations, liability, indemnity, disputes, and general terms, survive completion or termination.