Rotunda item #218-HS3B
Rotunda item #218-CRX430TS
Rotunda item #218-ARXF6

DESCRIPTION
Contaminated refrigerant recovery machine with hoses
and fittings
3' standard A/C charge hose
30 lb. refrigerant recovery tank w/float¹
Liquid line filter drier¹

¹ Follow return instructions included with equipment or as specified in Attachment V. Do not return refrigerant recovery tanks and liquid line
filter drier (refrigerant filter), dispose of in accordance with local regulations.

2.

Location and Title. Borrower shall utilize the Equipment in the dealership service area for the
purpose of recovering contaminated R-1234yf refrigerant on a Ford or Lincoln vehicle. The
Equipment shall remain the property of Ford. The Equipment shall at all times be properly used
and maintained by Borrower and shall be marked "Property of Ford Motor Company". The
Equipment shall not be removed from the area referred to above, without Ford's prior written
approval, for any reason other than for delivery to Ford. Upon request by Ford, the Equipment shall
be immediately delivered to Ford. Ford shall have the right to enter onto Borrower's premises at
all reasonable times to inspect the Equipment and Borrower's records with respect thereto.

ATTACHMENT IV
Page 2 of 6
Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

3.

Indemnity. Borrower shall defend, indemnify, and save harmless Ford and its subsidiaries and their
respective officers, directors, agents, and employees (hereinafter collectively called "Indemnitees")
from and against any and all losses, damages, claims, actions, costs and expenses, including, but
not limited to, fees and expenses of legal counsel and expert witnesses, that may be imposed upon
or incurred by or asserted or entered against the Indemnitees, or any of them, by reason of actual
or alleged:
(i) injury to or death of persons (including, without limitation, any employee
or employees of one or more of the Indemnitees or of Borrower or of one or
more of its contractors, subcontractors, vendors or agents);
(ii) loss of or damage to the property of any person or legal entity (including,
without limitation, any property of any employee or employees of one or more
of the Indemnitees or of Borrower or of one or more of its contractors,
subcontractors, vendors or agents); or
(iii) violation of any law, ordinance or regulation of any governmental authority
(including, without limitation, the United States of America or any of its states
or localities, or Canada or any of its provinces or localities) by Borrower or by
any of its contractors, subcontractors, vendors, agents or employees;
as a result of or arising out of or in connection with the possession or use, by or on behalf of
Borrower, of the Equipment, or the condition thereof; provided, however, that the foregoing
agreement to indemnify and hold the Indemnitees harmless shall not be applicable to the extent
that any such loss, damage, claim, action, suit, judgment, decree, order, cost or expense are
attributable to the sole negligence or the willful or wanton misconduct of the Indemnitees. Borrower
shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual
notice, and Ford shall be entitled to participate in the defense of any claim for expenses.

4.

Insurance. Borrower, at its sole cost and expense, shall procure and maintain during the term of
this Agreement, from insurers listed in a current "Bests Insurance Guide" as possessing minimum
policyholder's rating of "A-" and a financial category of "VI", commercial automobile liability and
commercial general liability insurance covering body injury liability and property damage liability,
including broad form property damage liability and contractual liability coverage (either a blanket
policy or a policy applying specifically to this Agreement), with limits of not less than $3 million
combined single limit per occurrence of loss or damage. Such insurance coverage shall protect
the Borrower, Ford and any person using, operating or otherwise having an interest in the
Equipment and shall also meet the requirements of any so-called "no-fault" law now in effect or
which hereafter may be enacted.

ATTACHMENT IV
Page 3 of 6
Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

Such insurance policy shall name Ford as an additional insured and shall provide that the policy
may not be canceled or materially altered without 30 days prior written notice to Ford. The
insurance provided by Borrower will be primary insurance and will not be excess to or contributory
with respect to insurance coverage, if any, provided by Ford. In addition, Ford shall be named as
an additional insured on any excess or umbrella program purchased or maintained by Borrower.
At or before delivery of the Equipment to Borrower, Borrower shall provide Ford with acceptable
evidence of insurance coverage in accordance with this Agreement by delivering certified copies of
insurance policies that provide the required coverage, or certified copies of existing insurance
policies that have been endorsed to provide the required coverages, or certificates of insurance
executed by the insurer or its authorized representative that certify the required coverages. The
furnishing of such insurance shall not relieve Borrower from any liability or obligation for which it is
otherwise responsible to Ford. Ford shall be under no duty to examine any certificate provided by
Borrower or to advise Borrower that its insurance coverage does not comply with the requirements
set forth herein.
5.

Maintenance and Repairs. Borrower shall inspect the Equipment upon delivery and by acceptance
thereof is deemed to find the Equipment in good working order and condition. Borrower or its
designee shall maintain the Equipment in good working order and condition, properly serviced and
greased, and comply in every respect with the provisions of Paragraph 10 hereof, and of the
manufacturer's owner manual that came with the Equipment. Ford or its designee shall make all
major repairs necessary to maintain the Equipment in good working order and condition. Title to
all such repairs shall vest in Ford. All repairs and servicing shall be done by qualified service
personnel except that warranty work, to the extent practicable, shall be done at the shop of the
nearest authorized dealer in such make of the Equipment. Borrower shall pay for all gasoline, oil
and normal service required for the proper operation of the Equipment and for all washing, parking,
garage, highway road service, tolls and fines required or incurred in connection with the operation
of the Equipment.

6.

Delivery and Return of Equipment. Ford shall be responsible for delivery of the Equipment to
Borrower. Ford shall not be responsible for any delay in delivery of the Equipment. Borrower shall
return the Equipment to Ford, at a location designated by Ford, no longer than two weeks after
receipt of the Equipment, unless otherwise specified by Ford.

ATTACHMENT IV
Page 4 of 6
Customer Satisfaction Program 18N01- Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

7.

Use of Equipment. Borrower shall utilize the Equipment for the purpose of recovering contaminated
R-1234yf refrigerant on a Ford or Lincoln vehicle as specified by Ford. Borrower shall not use or
operate the Equipment in violation of any federal, state, local or provincial law, rule, regulation or
ordinance including those pertaining to the age and licensing of drivers, the disclosure of Ford's
interest in the Equipment, or other requirements or limitations. Under no circumstances shall
Borrower disconnect any odometer or other mileage recording device nor shall the Equipment be
used or operated (a) in a manner subjecting it to depreciation above the normal depreciation
associated with general commercial use, (b) for any illegal purpose or by a person under the
influence of alcohol or narcotics, (c) in any manner or for any purpose that would cause any
insurance specified in this Agreement to be suspended, cancelled, held inapplicable or increased
in cost, or (d) outside the continental United States or Canada without Ford's express written
permission. The Equipment shall be operated at all times in a safe, careful and lawful manner and
by qualified operators. The Equipment may be operated only by persons who are employees of
the Borrower and stand in relations to the Borrower as employee to employer. Further, the
operation of the Equipment shall be conducted under the exclusive supervision, direction and
control of Borrower. Under no circumstances shall an employee of Borrower be considered or held
out as an agent, servant or employee of Ford.

8.

Inspection and Reports. Borrower agrees to allow Ford to inspect the Equipment and to otherwise
observe it in operation at such time and facility as Ford may specify. Borrower shall provide Ford
with such mileage, maintenance, safety, operating or other information or copies of any such
records maintained by Borrower with respect to the Equipment as Ford or any governmental
agency may require from time to time.

9.

Risk of Loss. Borrower shall assume all risks of loss with respect to the Equipment, including loss
or damage that occurs despite Borrower's exercise of reasonable care, but excluding normal wear
and tear, from the time it is delivered by Ford to Borrower and until the Equipment has been returned
to Ford at the location Ford designates. In the event of damage to the Equipment, Borrower shall
notify Ford to that effect and follow such instructions as Ford may provide with respect to repair or
disposal of the Equipment. Borrower shall be responsible for payment of any repairs to the extent
not covered by insurance inuring to the benefit of Ford. If any Equipment is lost, stolen, destroyed
or is declared a total constructive loss (subject to Ford's agreement as to such condition), Borrower
shall promptly notify Ford thereof and hold any wreckage for disposal by Ford. With respect to any
lost, stolen, or destroyed Equipment, Borrower shall pay Ford (to the extent not covered by
insurance inuring to the benefit of Ford) an amount equal to the wholesale market value for
comparable Equipment in a condition similar to the lost, stolen or destroyed Equipment immediately
prior to any such loss.

ATTACHMENT IV
Page 5 of 6
Customer Satisfaction Program 18N01- Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

10.

Procedures on Accidents. Within 24 hours of an accident, theft or conversion of any Equipment,
Borrower shall file a written report to that effect with Ford and the insurer of such Equipment.
Borrower shall promptly notify and furnish Ford with every demand, notice, summons, process and
pleading received in every suit, action or claim arising with respect to the condition, use or operation
of the Equipment, and cooperate with Ford and the insurer in defending the same. Ford reserves
the right to examine any such Equipment.

11.

Termination. Ford may terminate this Agreement at any time by giving 30 days prior written notice
to Borrower, except that Ford may terminate this Agreement effective immediately upon written
notice to Borrower, in the event Borrower fails to provide or maintain any insurance required
hereunder, or in the event of the filing of any petition by or against Borrower under any bankruptcy,
reorganization, receivership law, or Borrower's making an assignment for the benefit of creditors,
or if Borrower makes or suffers any voluntary or involuntary assignments, or attachment, lien, or
levy is made of or attached to the Equipment, or in the event Borrower otherwise fails to adhere to
the terms and conditions of this Agreement. Borrower may terminate this Agreement at any time
by giving 30 days prior written notice to Ford. Upon termination by either party, Borrower shall
make all Equipment immediately available for return to Ford. The obligations and rights provided
in Paragraphs 3, 9, 13 and 14 shall survive termination of this Agreement.

12.

Assignment. Borrower is expressly prohibited from assigning this Agreement or delegating
performance of any of its obligations hereunder without the prior written consent of Ford. Ford shall
not be prohibited from selling, assigning, transferring or otherwise encumbering any interest or right
hereunder with respect to the Equipment. Nothing contained herein shall be interpreted as
releasing Borrower from any of its obligations as specified in this Agreement.

13.

Publicity. Neither party hereto shall identify the other party as a joint venturer or partner or otherwise
characterize the arrangement between them as anything other than a bailment. Borrower shall not
disclose or publicize to any third party: (a) any description of the Equipment, technical specifications
or other information about the Equipment; (b) the nature or terms of this Agreement; or (c) the
results of any testing, inspection or evaluation of the Equipment by Ford or Borrower without Ford's
prior written consent. Borrower shall take the necessary steps to familiarize all appropriate
employees of Borrower of its obligations under this Paragraph.
Neither party shall use the other's name or logos, in whole or in part, for any purpose whatsoever,
specifically including but not limited to any written, oral or pictorial endorsement, testimonial or
advertisement, whether actual or implied, without such other party's prior written approval.

ATTACHMENT IV
Page 6 of 6
Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

14.

Force Majeure and No Consequential Damages. Ford shall not be liable for any failure in
performing any provision hereof due to fire or other casualty, labor difficulty, governmental
restriction or any cause beyond Ford's control. Borrower specifically warrants that the Equipment
is not critical to the operation of its business and the loss of use of such Equipment, for any reason
whatsoever, will not have a material adverse effect on its business. IN NO EVENT SHALL FORD
BE LIABLE FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR
INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT, OR ANY THEFT,
DAMAGE, LOSS, DELAY OR FAILURE OF DELIVERY OR DEFECT OR FAILURE OF THE
EQUIPMENT, OR THE TIME CONSUMED IN RECOVERING, REPAIRING, SERVICING OR
REPLACING THE SAME.

15.

Governing Law. This Agreement will be governed by and construed and interpreted in
accordance with the laws of the State of Michigan.

16.

Entire Agreement, Waiver and Notice. This Agreement constitutes the entire agreement between
the parties and may only be amended, modified or supplemented by a written amendment
executed by Ford and Borrower. Failure by Ford to enforce any term, provision or condition
hereof, or to exercise any of its rights hereunder, shall not be construed as thereafter waiving any
such terms, provisions, conditions or rights. In no event shall any course of dealing, custom or
usage of trade modify, alter or supplement any of the terms or provisions contained herein. All
notices specified or permitted herein shall be in writing, mailed postpaid U.S. mail, or courier
service, with return receipt requested.

17.

Additional Attachments: The following Attachments (if any) are incorporated into this Agreement by
reference: none. To the extent that a provision of an Attachment conflicts with a provision of this
Agreement, THIS AGREEMENT SHALL SUPERSEDE THE ATTACHMENT.

Execution of this document indicates agreement with the terms stated above and acceptance of the
Equipment in good condition. The person signing for the Borrower warrants and represents that he or
she is an officer or agent of the Borrower and is authorized to execute this Agreement on its behalf. IN
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
authorized representatives as of the date indicated in the request form.

ATTACHMENT V
Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

Contaminated Refrigerant Recovery
Loaner Equipment
Ford and Lincoln Dealership User Instructions
April 2021

Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

Box 1 Contents:

Box 2 Contents:

1.
2.
3.
4.
5.
6.
7.
8.
9.

1.
2.

Refrigerant recovery machine
Yellow refrigerant hose
Red refrigerant hose
Blue refrigerant hose
Refrigerant fittings (2)
Dealer bailment agreement
Dealer setup instructions
Manufacturer operating instructions
Return Shipping Label

ATTACHMENT V

•

Unpack both boxes

•

Keep Box 1 including all
packaging materials and return
shipping label

Refrigerant Recovery Tank
Refrigerant filter

2

Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

ATTACHMENT V

Assemble as shown.
See details on pages 3-5.

3

Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

ATTACHMENT V

2.
1. Connect the yellow hose from
recovery machine Out to the
low side (blue) port on the
recovery tank.

1.

2. Connect the high pressure cutoff switch from the recovery
machine to the recovery tank.

4

Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

ATTACHMENT V

3. Connect the red hose from the
recovery machine In to the
refrigerant filter Out port.

3.

NOTE: ensure that the valve on the
red hose is in the Open position
(parallel to the hose).
NOTE: the arrow on the refrigerant
filter should point toward the
recovery machine/red hose.

4.

4. Connect the blue hose from the
refrigerant filter In to the R1234yf coupler.
NOTE: The recovery machine
comes with two couplers; use only
the R-1234yf coupler.

5

Customer Satisfaction Program 18N01 - Supplement #2
Certain 2018 Model Year Expedition and Navigator Vehicles Equipped With R-1234yf Refrigerant
Special R-1234yf Refrigerant Service Information

ATTACHMENT V

•

Connect the R1234yf coupler to the low side service port on the vehicle

•

Connect the recovery machine electrical supply.

•

Open the low side valve (blue knob) on the recovery tank.

•

Turn on the recovery machine and allow it to run for 25 minutes.

•

Close the low side valve (blue knob) on the recovery tank.

•

Turn off the recovery machine and disconnect the electrical supply.

•

The refrigerant has been recovered and the vehicle can be repaired.

•

Return the appropriate equipment to Box 1 as it was received.

•

Apply the return shipping label provided to Box 1 and return the equipment.

•

Refrigerant recovery tank can be kept to service additional vehicles affected by this recall if
required (one refrigerant recovery tank can reclaim the refrigerant from up to 8 vehicles)

•

Dispose of the contaminated refrigerant recovery tank in accordance with local regulations
when full or if no additional vehicles require repair.

•

The refrigerant filter can be disposed of in the regular trash.

NOTE: Normal warranty parts return process for 700 tags does apply for this program.
6