Last updated: October 20, 2022

Welcome to the terms and conditions ("Terms") for Evergreen Enterprises of Virginia, LLC. These Terms are between you and Evergreen Enterprises of Virginia, LLC. and/or its affiliates ("Evergreen Enterprises Canada" or "Evergreen On-Demand") and govern our respective rights and obligations. Please note that your use of the MyEvergreen.com website are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the MyEvergreenOnline.com website, all of which (as changed over time) are incorporated into these Terms. If you register for a retailer account, you accept these terms, conditions, limitations and requirements.

Canada Conditions of Use

NEW ACCOUNTS:
First time order payment terms are Credit Card or Prepaid only. We accept VISA, MasterCard, American Express and Discover Card. To establish a net term account, we require a completed and signed Evergreen credit application with at least three (3) trade references. After receipt of this information, please allow 2 - 4 weeks for review and approval. To expedite processing, please include your requested credit limit.

MINIMUM ORDER POLICY:
The minimum per warehouse purchase amount is $150 for Evergreen and $500 for Plow & Hearth. All prices are wholesale and subject to change without notice.

CREDIT POLICY:

Under the supervision of the Treasurer, the Evergreen Enterprises credit department’s mission is to quickly extend credit to potential and current customers whose financial conditions indicate that payment for our products will be made in a timely manner. The roles and activities of the credit and collections staff shall coordinate and cooperate with those of the sales department and align with overall corporation policies.

The objectives of Evergreen Enterprises credit policy are to optimize cash flow by converting accounts receivable to cash as fast as possible, minimize risk of bad debt loses, maximize profitability by reducing carrying costs, and maintain a competitive edge in the marketplace.

Practices are designed to permit the maximum number of orders to flow without interruption though the sales department and allow interception, when necessary, as a means of safeguarding the company assets.

Risk Management

Credit Review

Every potential and current customer will be required to have a signed credit application on file. This application will be used as the (initial) source document for credit review. In addition, the following may be needed to satisfy the customer’s credit limits and terms approval:

• Financial statements
• Credit agency reports (NACM, Credit safe, ABC Amega-GAIN, D&B)
• Public records
• Bank information and references
• Credit References

Credit limits are determined based on the customer’s rating, their ability to pay, and their expected sales volume of purchases. The position of Credit Manager will use discretion while granting limits under $50k.  Large credit limits require increased levels of risk analysis and may employ risk-scoring models using internal and external elements and methodologies.  Credit limits over $50k will require Executive approval.

Credit decisions on new accounts will be communicated to the customer and sales management within 72 hours of receipt of an application. During peak (show) seasons, credit decisions will be completed and communicated as soon as possible. No customer will be denied the right to purchase our products until every means of selling to the customer has been exhausted.

Credit Terms

Once creditworthiness has been established, Evergreen is pleased to offer the following payment terms to our customers:

• Net 30 days from invoice date
• Net 60 days from invoice date
• Net 90 days from invoice date

Extended terms requested beyond 90 days will only be available in extraordinary circumstances (New Account 1^st purchase, Inventory reduction) and will require executive-level approval. All customers agree to their approved credit and payment terms and they are expected to make payments by the invoice due date.

Payments

Evergreen accepts the following methods of payment:

• Credit Card (MC, Visa, Amex, Discover)
• ACH/Wire
• E-Check
• Check (lockbox)

In addition, our ORC (online resource center) is available for you to make payment arrangements 24hrs/day.

Credit Reviews

It is the Companies policy to regularly review and re-evaluate the credit of our existing customers to monitor any changes in their level of risk. Reviews can be initiated based on payment performance, returns, NSF’s, additional information obtained, and any external market factors that warrant the necessity. The process involves the assessment of a customer’s ongoing ability and willingness to pay within terms.

Defined “critical” customers will be re-evaluated at least once a year.

Deductions

Our ORC and customer service are available to process return and damage claims. Unearned discounts and unauthorized deductions will not be honored. Every effort will be made to address customer’s deductions (returns, chargebacks, price, and quantity adjustments) in a timely manner so that account balances reflect the most updated and accurate information.

Finance Fees

Evergreen Enterprises will charge a 1.5% monthly finance fee on any invoice that is past due 90 days. (18% annually, or the applicable usury limit in your state).  Effective 1/1/2023 any finance fees incurred due to late payment will not be waived.

Collections

To further support the credit department’s goals, collection methods (especially for past due accounts) will be both proactive and consistent.   When an account first becomes delinquent, multiple collection strategies will be implemented. Customer contact will be made via phone, fax, letter, email push notifications (dun notices) and on our online resource center (ORC). Credit and shipment holds will also be employed as part of our collection efforts. Members of the credit department will always maintain professional and ethical behavior when communicating with customers.

If the credit department’s efforts do not produce the desired collection results, any unresolved account that is past due 120+ days will be transitioned to our collection agency. All amounts due plus additional late charges and cost of collections will be the responsibility of the Customer.

RETURNS POLICY:
Click here to read the return policy.

BACK ORDER & SUBSTITUTION POLICY:
If a product is not available on the original shipment, a backorder will be created if the total value exceeds $50. Shipping charges will be applied to the backorder. We will not create backorders if specifically requested by customers. Backorders that do not ship within 90 days of the original ship date or seasonal items that do not ship within 20 days of the end of the season or holiday will automatically be canceled unless otherwise specified by customer. Evergreen, at our discretion, may substitute like items in response to out-of-stock situations. In such cases, customers may choose to "opt-out" of the substitution and wait for receipt of the actual item ordered by making a "No Substitutions" notation on the order form, or by informing the customer service representative taking the order.

SHIPPING:
We ship via UPS Ground anywhere in the continental United States, unless weight or packaging restrictions require us to ship using common carrier. Orders placed with items designated as "Truck Shipments Only" will ship via truck, no exceptions. If there are no specific instructions, we will ship the fastest and least expensive method possible, selected at the discretion of Evergreen. Freight charges will be subject to fuel-related surcharges, which may vary throughout the year. Any additional services the carrier must provide, including, but not limited to inside delivery, lack of lift gate, etc will be charged directly to the customer at the discretion of the carrier and will not be refunded by Evergreen. Any additional charges due to re-delivery or re-routing are the responsibility of the customer.

We ship to Alaska, Hawaii and Puerto Rico via United States Postal Service. Additional shipping and handling charges will apply for these shipments.

REPLACEMENT PRODUCT:
If a replacement item is requested, customer will receive credit for the original item, and re-billed for the replacement - no freight will be charged on the replacement item.

Please allow 1 - 4 weeks from the time we receive your order for shipping as available. Terms, conditions and prices subject to change without notice. All shipments will be invoiced at prices in effect at the time of order placement.

GLOSSARY:
OS - Oversize Shipment- Additional surcharges may be applied.

• A package is considered a "Large Package" when its length plus girth (2xwidth) + (2xheight) combined exceeds 130 inches, but does not exceed the maximum UPS size of 165 inches.
• A package with the longest side exceeding 60 inches or its second-longest side exceeding 30 inches.

DIM WEIGHT - Also known as Dimensional weight. Freight carriers utilize the greater of the actual weight or dimensional weight to calculate shipping charges. Dimensional Weight is calculated as (Length x Width x Height) / (Dimensional Factor).
Additional surcharges may be applied.

MyEvergreen.com Terms of Use

This website is operated by Evergreen Enterprises of Virginia, LLC. [Evergreen]. All inquiries may be directed to:

Evergreen Enterprises of Virginia, LLC.
5915 Midlothian Turnpike
Richmond, VA 23225

These terms and conditions may change. Evergreen reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the MyEvergreen.com website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.

Compliance with All Laws, Online Conduct and Site Security
You agree to use this website only for lawful purposes. Any conduct by you that in Evergreen's sole discretion restricts or inhibits any other user from enjoying our website will not be permitted. You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are expressly prohibited from violating or attempting to violate the security of the website, including without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Copyright Notice
All of the Content you see on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Evergreen, one of its affiliates or by third parties who have licensed their materials to Evergreen. The entire Content of the MyEvergreen.com website is copyrighted as a collective work under U.S. copyright laws, and Evergreen owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the MyEvergreen.com website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Evergreen reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Evergreen.

Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Product Information
We make all reasonable efforts to provide information on this website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice (including after you have submitted your order). We regret any inconvenience to you. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.

Disclaimer and Limitation of Liability
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, Evergreen DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS website IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS website WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER Evergreen NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES RELATED TO, ACOMPANYING OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE website OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR website, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILTY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. IF ANY PART OF THIS LIMITATION OF LIABILITY SET FORTH ABOVE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Evergreen ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You agree to defend, indemnify and hold Evergreen its employees, directors, officers, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this website.

General
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Virginia, without regard to any conflict of law provisions. Any action or proceeding arising out of or related to the terms of use, our privacy and security policy, or your use of this website must be brought in the state or federal courts of Virginia and you consent to the exclusive personal jurisdiction of such courts.