Wintergreen Systems proudly uses UPS as our carrier of choice.
All packages are shipped UPS
Ground unless otherwise specified. UPS packages can be tracked at their website. For bulk and wholesale orders, we are happy to work with the freight carrier of your choice, or use one of our excellent partners for LTL and truckload shipments. For bulk and international orders,
it is best to contact our Sales Department
(sales@WintergreenSys.com or
(574) 295-9054) to manually set up shipping in order to get better pricing and a more accurate shipping schedule.
Warranty:
1. This policy may not be altered or amended in any manner, and buyer by accepting delivery of the goods described herein accepts and agrees to abide by the terms and conditions contained herein.
2. CPU’s have a 30 day functional warranty.
3. No warranty for physically damaged items, which have cracks, missing pins, or burn marks. Any items damaged by power surges, floods, brown-outs, black-outs, or other natural disasters are not covered by warranty.
4. All other new items carry manufacturer’s warranty within 1 year. All other used, refurbished, or white labeled items carry a 30 day warranty unless stated otherwise on the invoice.
5. Any products found to be abused, mishandled, modified, or altered; all warranties will be voided.
6. Removal of warranty sticker or serial # voids all warranties and will not be accepted in return.
7. The warranty date begins on the original invoice date, and must be related to warranty sticker date.
8. The items warranted must be received by our RMA department before the last day of the warranty period for warranty replacement.
9. If a replacement is not available, Wintergreen reserves the right to replace with similar products of equal or greater value based on Wintergreen’s purchase costs. If no suitable product is available, the Buyer may upgrade at a nominal cost provided by Wintergreen. Wintergreen also has the right to repair the products.
10. Warranty void without receipt.
11. Other than the aforementioned limited manufacturer’s warranty, there are no warranties, expressed or implied, which extend beyond the description of the face hereof, including any warranties of fitness for a purpose and merchantability.
12. All products, after warranty period, may be repaired with a reasonable service charge, provided that the product is repairable.
13. Wintergreen accepts no liability with respect to any software or data contained in any product or part sold by or returned to Wintergreen.
14. Wintergreen makes no claim beyond that of the manufacturer’s with respect to year 2000 compliance for all parts and products sold by Wintergreen.
Systems Specific Warranty:
1. All new systems built by Wintergreen carry a one year limited parts and labor warranty.
2. New systems are covered by above warranty policy. In addition, the CPU is covered for one year, unless labor warranty stickers are broken or removed. If labor warranty is broken or removed CPU is covered with above warranty, system specific warranty is voided.
3. Labor warranty consists only of in-store repair labor, any on-site labor will be billed at normal rates.
4. Labor warranty is voided if labor warranty stickers are removed or broken.
5. All systems are assembled as parts only. All software included with any system is shareware or freeware, and may require buyer to register or purchase upgrades to enable full capacity. Any software that is licensed to Wintergreen is for testing purposes only, and must be removed from the system. All operating systems must be purchased, or a license must be presented.
6. Wintergreen accepts no liability with respect to any software or data contained in any product or part sold. Wintergreen can reload most machines back to original defaults for a nominal fee if required by Buyer.
Payment:
1. Wintergreen agrees to sell Buyer and Buyer agrees to pay Wintergreen for products which are delivered to Buyer upon terms set forth on the front of this invoice provided by Wintergreen.
2. Buyer agrees that title to Products sold pursuant to this agreement shall be with Wintergreen until such time as Buyer pays all charges and costs for payment, and is cleared through Wintergreen’s bank.
3. Accounts past due are automatically placed on C.O.D. cash and all shipments are held until account is current. A charge of one and a half percent(1.5%) per month(18% per annum) or the maximum legal interest rate, whichever is higher, shall be charged on all sums not paid when due.
4. In the event Buyer’s checks for payment hereunder are returned as non-payable for any reason, Buyer agrees to pay Wintergreen a processing fee of $25.00 for each returned check.
5. In no event does Wintergreen have an obligation to ship products without payment therefore. Payment by Buyer is due upon receipt of delivery of Products or pursuant to the terms of sale.
6. In the event Buyer defaults on its obligations hereunder, Wintergreen may declare all sums to be due and owing immediately; and
a. Wintergreen may enter Buyer’s premises where the Products may be found and take possession and remove the products without liability for suit and other actions at law or equity, and all rights that Buyer may have in the Products as removed shall terminate absolutely all to the extent permitted by law. Buyer waives notice of hearing with respect to such retaking. Wintergreen may sell or otherwise dispose of the Products removed and shall give Buyer credit for all sums received by Wintergreen, less expenses incurred by Wintergreen in the sale for disposition thereof;
b. Wintergreen shall be entitled to recover all damages occasioned by the default;
c. Buyer shall also be liable for all expenses incurred by Wintergreen enforcing remedies, including reasonable attorney’s fee and expenses of at least twenty-five percent(25%) of the total unpaid amount owing to Wintergreen and interest on amounts due Wintergreen from the date of default until paid at one and one-half percent(1.5%) per month, (18% per annum) but only to the extent permitted by law.
d. The foregoing (b) and (c) are agreed measures of damages, not to be deemed forfeiture or penalty.
e. All remedies are cumulative and are in addition to other remedies provided by law and may be exercised concurrently or separately. No exercise of a remedy shall be an election of remedy or preclude exercise of other remedies. No failure of Wintergreen to exercise and no delay in exercising its rights hereunder shall operate as a waiver or modification of the terms of this Agreement. If this Agreement is deemed a security agreement, Wintergreen’s recovery shall not exceed the maximum permitted by law.
7. In the event certain terms and conditions of Invoices and Purchase Order shall be deemed to conflict or be inconsistent with the terms hereof, the terms and conditions of the Agreement shall control as to the terms between the parties.
8. Orders accepted by Wintergreen are not subject to change or cancellation by Buyer except with Wintergreen’s verbal or written consent and upon payment of an appropriate charge to cover the cost or loss incurred by Wintergreen. This charge, unless otherwise agreed in writing, shall not be less than fifteen percent (15%) of the price of the goods subject to change or cancellation.
9. If exempt, Buyer will provide Wintergreen with an exemption certificate in form and substance satisfactory to the relevant taxing authorities.
10. The parties hereto agree that this agreement is deemed to be entered in the State of Indiana; provided, however, that if the terms or any part hereof are not enforced in Indiana, then the laws of the jurisdiction in which the Products are located shall govern. THE PARTEIES AGREE AND CONSENT THAT THE APPROPRIATE COURT OF THE STATE OF INDIANA, OR THE FEDERAL DISTRICT COURT FOR THE STATE OF INDIANA SHALL HAVE JURISDICTION AND SHALL BE THE PROPER VENUE FOR DETERMINATION OF ALL CONTROVERSIES AND DISPUTES ARISING HEREUNDER. Buyer agrees to receive service of process by registered or certified mail made at the address shown above, which shall be sufficient to obtain jurisdiction.
Return Merchandise Authorization (RMA):
1. Prior to shipment, an RMA number must be acquired from Wintergreen’s RMA department.
2. The pre-approved RMA number must be marked clearly visible outside the shipping label and on the packing list. Items shipped to Wintergreen without and RMA number clearly marked on the address label will be refused.
3. Buyer’s account must be current and have all payments cleared with Wintergreen’s bank.
4. Wintergreen reserves the right to inspect and test all returned products; no replacement or exchange will be given if the returned products were found to meet the functionality of manufacturer’s specifications.
5. Buyers will be charged additional for testing and repackaging when returned “Bad” items are found to have no problems or defects.
6. Items found to be out-of-warranty or not belonging to Wintergreen will not be replaced. Instead, they will be returned back to the buyer freight-collect.
7. All RMA items must be in original resalable condition, with all original packing, manuals, and software. Items which fall short of this requirement, may be subject to a 15% repackaging fee.
8. All RMA items must be shipped freight pre-paid by the Buyer. Furthermore, the Buyer is expected to insure all items being shipped back, and is encouraged to ship all items with a tracking service. Wintergreen is not responsible for any losses or damages for such equipment.
9. RMA’s will be shipped back to Buyer via UPS Ground delivery. Overnight or Saturday shipping will be at additional costs to the Buyer.
10. All RMA’s must be accompanied with a copy of original receipt.
11. All items purchased have a 5 day DOA policy in which Wintergreen will test the item, but will still replace the item even if said item is found to be good.
12. For wrong items, missing items, shipping damage, or other discrepancies; buyer should report to RMA department on the day in which the items were received. Any claims after one business day of receipt, will not be honored.
13. For any shipping damage, Buyer must file a claim with their carrier immediately. All items are shipped insured, thus must be reported for coverage.
14. Items will not be cross-shipped for any reason.
15. Buyer is responsible for paying any freight charge caused by refused shipment or unclaimed goods, Wintergreen will make every reasonable effort to deliver on time however, Wintergreen shall not be liable for late or lost shipments.
Refunds:
1. All refunds must be accompanied by the original receipt.
2. All refund items must be in original resalable condition, with all original packing, manuals, and software.
3. All refunds will be credited at current market price and is subject to a 15% restocking fee.
4. All returns must be within 30 days, no credit or refund past 30 days.
5. No credit or refund on special order items, software, labor, freight, insurance, or customs.
6. All returns must be shipped freight pre-paid by the Buyer. Furthermore, the Buyer is expected to insure all items being shipped back. Wintergreen is not responsible for any losses or damages for such equipment.
7. Software sales are final. Wintergreen will not accept any returns on software.
8. All refunds or credits will either be placed back on the Buyer’s credit card, or in the form of a company check. If Buyer is a Net Payment account, up to 5 days may be required to post credit to account, otherwise up to 10 business days may be required for refund.
Buyer’s Responsibility:
**NO CASH REFUNDS – MERCHANDIES CREDIT ONLY
1. Buyer should inspect all packages for damage and discrepancies upon receipt and are made as credits for future purchases only.
2. For wrong items, missing items, and shipping damage; buyer should report to RMA department on the day in which the items were received. Any claims after one business day of receipt, will not be honored.
3. Always inspect each item for physical damage, missing documentation, and driver disks.
4. Buyer should always provide a detailed & specific description of problems for defective items.
5. For any defective equipment Buyer must call RMA department for a RMA #, which must be present on package next to shipping label, otherwise it will be refused.
6. All RMA’s and returns must be accompanied by a copy of original receipt.
7. Purchaser is presumed to have qualified and knowledgeable technical ability to diagnose and pin-point problem sources. Wintergreen’s technical support will provide help were available, but is discouraged to teach buyers basic diagnosis and installation step-by-step.
8. The sales receipt is the buyer’s warranty. Wintergreen does not keep individual sales history.
Consequential Damages and Limitations:
1. Wintergreen shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control, including , without limitation, any act of God, war, strike, riot, fire, flood, earthquake, lock-out, late or non-delivery by suppliers, shortage or unavailability of materials, components or transportation facilities, or any act, refusal to act, regulation, order or intervention of any governmental authority.
2. Under no circumstance shall Wintergreen be liable for any special, indirect, incidental or consequential damages of any kind or nature whatsoever, including, without limitation; lost goodwill, lost resale profits, loss of data or software, work stoppage or impairment of other goods, and whether arising out of breach of any express or implied warranty, breach of contract, tort(including negligence), strict product liability or otherwise, even if advised of the possibility of such damage or if such damage could have been reasonably foreseen, except or lye in case of personal injury where and to the extent applicable law requires such liability.
3. Wintergreen accepts no liability for any employee, flier, advertisement or article that may misinterpret or misrepresent such items including, without limitation, any product, service or system that is sold, repaired, upgraded, or supported by Wintergreen or any of Wintergreen’s employees, contract holders, sub-contracted or temporary employees or help.
4. The rights and obligations of the parties under this agreement shall be governed by laws of the State of Indiana, in which Wintergreen is located.
