Terms & Conditions
Clients will sell goods and services at their current or prevailing retail prices for trade credit to other clients in good standing with East End Barter. Barter Dollars must be accepted for the total value (100%) of a transaction unless prior arrangements have been made with Exchange. Real estate and individual transactions of substantial value may be negotiated for a partial cash payment by prior agreement between Clients. Purchases of equipment for a specific service (such as plumbers, electricians or auto mechanics) may be reimbursed for such purchases in cash. Any mark-up must be accepted in barter dollars.
Members of Exchange selling products or services for inflated prices will be given one warning. If a member continues to sell products or services substantially above retail or continues to charge a premium for barter transactions, that member will be expelled from the Exchange and forfeit all funds in their account.
Barter dollars shall not be considered as legal tender, securities or commodities, by either Exchange or its clients, and may not be redeemed for cash.
Gratuities and taxes, which are standard to the client, shall be collected by the client and shall be paid in cash or other acceptable means at the time of the transaction. Exchange shall not be responsible for the failure to collect tax or gratuities.
Buyers must identify themselves to the seller as an Exchange member PRIOR to making purchase arrangements. Trade between clients without the knowledge or approval of Exchange is prohibited, and if consummated, is subject to a cash transaction fee from both the buyer and the seller at the current Exchange rates. Continued violation of this policy will result in expulsion from the Exchange.
Purchases by Clients will be limited to the amount of barter dollars accrued to their accounts unless secured by collateral and approved by an officer of Exchange. Client grants to Exchange the right and power to make barter dollar loans to any client on terms and conditions consistent with the Client's credit status and the ability to repay the loan. The exercise of this power shall be at the sole discretion of Exchange with regard to principal, interest, collateral terms, and other particulars. Interest will be charged monthly to all clients whose accounts are in a deficit position as this is considered a loan. The interest charge will be based upon the deficit balance as of the end of each month.
The client may cancel this agreement with 30 days written notice. Upon cancellation all barter dollars must be spent within 90 days on products and services available through the Exchange. All transaction fees of the balance remaining in the client's account are due before any additional transactions will be approved. Any Member with a negative barter balance (where purchases exceed sales) must balance its account with Exchange Dollars within four (4) weeks of termination date. After said four (4) week period, Member must immediately pay Exchange any remaining negative balance in cash. Exchange reserves the right to charge any fees due against credit cards or EFT authorizations on file.
Exchange shall not be responsible for any and all disputes between buyer and seller. Said disputes shall be settled by the parties themselves. Barter transactions are entered into on a voluntary basis by buyer and seller. Exchange shall not be responsible for the service quality, delivery, warranty, or dispute between buyer and seller. The client hereby indemnifies Exchange and shall hold Exchange harmless with respect to any claim, debt, or liability whatsoever, arising out of any trade or transaction wherein client is a buyer or seller.
All clients agree not to use proprietary information, clients or systems concerning or related to Exchange. All clients further agree not to use proprietary information, clients or systems as a separate or independent company or partner with any other companies with the purpose of doing business in the barter and trade industry.
An authorization must be obtained from Exchange for each purchase. To receive credit for a transaction, Seller must:
- Obtain an authorization number either by logging in to the website or calling Exchange for each transaction at the time of purchase.
- Obtain an authorization / process the sale within 30 days of transaction.
Transaction reversals must occur within 30 days of sale. Buyer and seller will forfeit any transaction fees for reversals processed beyond 30 days.
If, after one year, an account has not had any activity (buy or sell), and the account remains with a zero balance, Exchange shall have the right to close that account. Client acknowledges that, from time to time, Client firms will cease doing business, abandon or otherwise exit the Exchange network leaving a debit or credit balance in their barter account. Further, Exchange maintains an account termed "Reserve" wherein the debit or credit balances are charged or credited. If Exchange loses contact with an account due to a disconnected telephone and/or continued returned mail, and the Client has not attempted to notify Exchange of this change of status, Exchange will close the account after 60 days and credit any barter dollars to Exchange's Reserve account.
Memberships may not be transferred or sold without Exchange approval.
Client's monthly statement will be considered accurate as printed unless the Exchange accounting department is notified of any discrepancy within 10 days of receipt.
Exchange may place a Client's account on hold and/or cancel this agreement if one or more of the following situations exist:
- Exchange has received 2 written complaints on a given Client for either proof of poor performance or attempting to charge in excess of Client's retail prices.
- Client has committed fraud, either on other Clients or against Exchange.
- Client is not following his/her contractual agreement with Exchange.
- Client has exhibited unprofessional behavior in dealing with Exchange staff or in the conduct of bartering with other Exchange Clients.
Cash fees: Any Client checks returned to Exchange for insufficient funds, or any other financial deficiency, will be assessed a $25 cash fee. All fees are due and payable within 10 days of the date on the monthly statement. Exchange will charge a cash late fee on any cash balance outstanding. Accounts 30 days in arrears will be placed on Buy Hold until balance is paid.
Client recognizes and grants to Exchange, and those having an ownership interested in Exchange, the right and power to borrow from the Exchange and spend within the Exchange system, an amount which shall not exceed one (1) year's gross receipts by Exchange.
Client has read these Policies and Procedures, which are binding upon the Client fully as the conditions and provisions of Client Agreement. In the event this Agreement is signed on behalf of the Corporation, the individual signing the Agreement on behalf of the Corporation does hereby agree to be individually liable for full performance by said Corporation on this Agreement.
In the event any dispute is referred to an attorney with or without suit, the prevailing party shall be reimbursed for attorney fees and reasonable collection costs. Any court action shall take place in the County of record for Exchange.
Exchange may, at its option, request advance payment of Client Transaction fees. Outstanding fees and fees on the barter balance are due in advance of any spend out.
Exchange is a third-party record keeper reporting all sales to the Internal Revenue Service. Exchange provides all clients with a 1099B at the end of each calendar year.
BCL Soft (BCL) makes no representation or warranty either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any barter transaction. Member agrees to indemnify and hold BCL harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein the Member is a Buyer or Seller. Member acknowledges that any transaction facilitated by the Barter21 network, in which Member participates is entered into by Member on a voluntary basis. Member agrees to waive any claim, debt, or liability whatsoever against BCL arising out of any computer or software malfunction or processing errors.