Terms & Conditions
GreenPages Returns Policy and Procedure
GreenPages will accept returned merchandise, with prior approval, for credit or replacement within 30 days of the ship date. The procedure is as follows:
Contact your Account Executive to initiate the return
Once approved for your return, you will receive a prepaid shipping label to affix on the box(es) to be returned. GreenPages pays for the return freight and cross-ships the replacement product when necessary, within the contiguous United States. Freight costs for returns outside the contiguous 48 states will be the responsibility of the customer.
The product must be factory-sealed with the original box, packaging materials, manuals, software, and static seals intact. These returns need to be in this condition so they can be resold “as is” by our distributors. A good practice is to check the packing slip found on the outside of the shipping carton against your purchase order before ordering it. Some licensing or software may not be returnable.
You must include the original box, packaging materials, manuals, and software. Returns missing these items will be unacceptable and will be returned to you. Most manufacturers require that you contact them directly to give them the opportunity to assess the situation and choose to repair or replace the product. In these specific cases we will supply you with the appropriate phone number.
Some manufacturers have special return policies, which may supersede GreenPages’ policies. Opened, non-defective mass storage devices and systems may not be returned. (Again, please check the packing slip before opening to ensure that it is the correct product.) Non-defective configured systems, special orders, and discontinued items may not be returned. In the event that GreenPages ships something in error (mis-shipment, double shipment, duplicate shipment, short shipment) GreenPages must be notified within 30 days. Finally, some manufacturers require that some product returns may be returned for replacement only.
TERMS AND CONDITIONS
These Terms and Conditions of Use apply to your use of the http://usm.channelonline.com/greenpages/storesite/ and http://ecommerce.greenpages.com/gpcnet.asp Website (the “Site”), as well as your purchase or use of any materials, services or products provided to you by or through the Site. By using the Site and/or any of the materials, products or services supplied by or through this Site, you agree with these Terms and Conditions of Use and acknowledge that you have read the provisions contained herein. GreenPages may, in its sole discretion, modify, alter, or amend the provisions of these Terms and Conditions of Use, including, without limitation, the pricing of its products and services, at any time. Your continued use of the Site after such changes are made constitutes your acceptance of such changes. GreenPages reserves the right to deny access to this Site to anyone at any time.
USE OF SITE
You may view and download materials from the Site only for your personal non-commercial use. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the content or materials on this Site in any way. With the limited exception of certain reports regarding your account history which may be made available to you by GreenPages, you may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials and content composing the Site or use such content or materials in any way for any public or commercial purposes. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Site in a manner that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of that Act. Your use of this Site gives you no ownership or other rights in or to GreenPages’ trademarks or service marks and you agree that you will not use, copy or distribute such trademarks or service marks. You many not transfer, sell, assign, or otherwise transfer your rights and obligations under this Agreement. By using this Site, you promise GreenPages that you will not use this Site for any unlawful or prohibited purposes. Any use of the content and/or materials found on the Site, other than a use specifically approved herein, shall be deemed a violation of the copyright, trademark and other proprietary rights of GreenPages and you shall be liable for all applicable damages. The content and/or materials on this website may not be used by any third party without the express written permission of GreenPages. Users may not copy, adapt or adopt the HTML or other computer code used to generate the Site for any purposes. Any unauthorized copying or adaptation or adoption of such coding is a violation of GreenPages copyrights.
USE AT YOUR OWN RISK
GreenPages may change the Site at any time. By accepting these terms and conditions, you agree to use the Site at your own risk. Although we try to provide up to date and accurate information, we make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information provided via the Site. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products or services. Any cross-links provided via the Site are informational only and are not endorsements of such sites or the operator’s or owner’s products or services.
DISCLAIMER, TITLE TO GOODS AND LIABILITY LIMITATION
INFORMATION AND MATERIAL ON THE SITE OR PROVIDED VIA THE SITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW DISCLOSURES OF IMPLIED WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. THE TITLE TO PURCHASED GOODS IS RETAINED BY GREENPAGES, INC. UNTIL GOODS ARE PAID FOR BY THE CUSTOMER. IN NO EVENT WILL GREENPAGES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, EVEN IF GREENPAGES HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event any third party asserts a claim against GreenPages or its directors, officers, employees, affiliates or agents arising from your use of the Site, you shall indemnify and hold harmless GreenPages, its directors, officers, employees, affiliates and agents, against any damages, losses, expenses, cost, or other liabilities of any kind (including, without limitation, reasonable attorneys’ fees) arising from or in any way relating to such claim.
There can be no assurance that the Site is free of viruses or other mechanisms that may be harmful to your computer systems. GreenPages and its affiliates are not responsible or liable to any person or entity for a loss, damage, injury or other liability arising from the information and materials contained in this website or relating to the use of the Site.
TERMS OF SALE
All sales made via the Site are subject to the following terms and conditions:
- Customer Acknowledgment.
You acknowledge your agreement with these Terms of Sale and Terms and Conditions of Use (collectively, the “Terms”) by the placement of an order to purchase a product or service (collectively “Product”) from GreenPages. If you do not wish to be bound by these Terms, you must notify us and return your purchase pursuant to our Return Policy.
- All Sales Made In Maine.
All sales shall be deemed made in the State of Maine, USA, regardless of the location of the Customer. The Customer agrees that any dispute with GreenPages arising out of the Customer’s purchase from GreenPages shall be brought by the Customer exclusively in the state or federal courts situated in the State of Maine; and the Customer hereby agrees that such venue is appropriate and that GreenPages’ agreement to sell and deliver products to the Customer is dependent on this provision.
- Purchase Price.
- (a) Prices are listed in GreenPages’ catalogs and web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties, and are subject to change without notice unless otherwise agreed to in writing.
- (b) Payment is due before shipment, unless credit terms have been arranged in advance with GreenPages’ credit department. In such case, payment terms shall be as set forth in the credit agreement. Your order is subject to cancellation by us at our sole discretion.
- (c) Although GreenPages uses reasonable efforts to charge customers applicable sales taxes, GreenPages is not responsible for collecting any sales and/or use taxes, if any, for sales made via the Site and shall not be liable for handling or customs charges for shipments of Product outside the United States unless otherwise agreed to in writing by GreenPages.
- Shipping Terms.
GreenPages will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer, with the limited exception of Ground shipments with a product purchase price in excess of $1,000. Risk of loss is on the Customer once GreenPages delivers the Product to the carrier, even if such carrier is selected or designated by GreenPages. Delivery times are estimates only and GreenPages shall not be liable for delays.
- Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher of the hardware, software, materials and/or goods (collectively “Products”) sold through this site.
Products sold by GreenPages, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations and other applicable federal or state laws, rules or regulations. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
LIMITED MANUFACTURER’S WARRANTY.
- (a) GreenPages warrants that it has good title to and/or maintains the right to distribute the Products it sells, and that it has been granted all necessary authority to sell the Products or licenses to the Products it distributes through this site.
- (b) GreenPages does not warrant the performance or integrity of any Product, but merely passes through to the Customer, to the extent that GreenPages is able, whatever end-user warranty the manufacturers or software publishers provide, if any, for their respective Products.
- (c) GREENPAGES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY AND INDEMNIFICATION.
IN NO EVENT SHALL GREENPAGES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER’S OR PUBLISHER’S END USER WARRANTY (IF ANY) ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL GREENPAGES’S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM GREENPAGES. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
In the event a claim or cause of action arises against GreenPages its officers, directors, employees, affiliates and agents (collectively, the “Indemnitees”) from your use of any product or service provided to you via the Site or otherwise obtained from GreenPages, you agree to indemnify and hold harmless the Indemnitees , against any damages, losses, expenses, cost, or other liabilities of any kind (including, without limitation, reasonable attorneys’ fees) arising from or in any way relating to such claims or causes of actions.
Returns of Products are subject to GreenPages’ current return policies, which are set forth in the catalogs, web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. Read our Return Policy.
- Exclusive Agreement.
These Terms represent the complete and final agreement between the Customer and GreenPages for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in GreenPages’ invoice for the relevant sale. No terms contained in Customers’ purchase orders, offers to buy, terms and conditions, and the like shall modify or supplement the terms and conditions of sale set forth here and any attempt by a customer to modify or supplement these terms and conditions shall have no legal effect.
- (a) These Terms and any transactions made under them shall be interpreted by and be subject to the laws of the State of Maine, without regard to conflicts of laws rules.
- (b) In the event any part of these Terms are deemed unlawful or unenforceable, that part shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
- (c) GreenPages shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. GreenPages is not responsible for pricing, typographical, or other errors, in any offer by GreenPages and reserves the right to cancel any orders resulting from such errors.
- (d) GreenPages retains the title, but not retain risk of loss, to purchased goods until goods are paid for by the Customer.
- (e)These Terms may be modified from time to time by GreenPages without notice, and are current as of the date of the then current catalog or web site. Please refer to the current catalog or web site.
This agreement regarding Terms and Conditions to Use is governed by, and shall be construed and enforced in accordance with, the laws of the State of Maine. Any actions to enforce this agreement, or in connection with any matters related to this agreement or the Site, shall be brought in the federal or state courts located in Portland, Maine, and you expressly consent to the jurisdiction of such courts. GreenPages makes no representation that materials in the site are properly available for use in locations other than the State of Maine. If you have accessed this site from jurisdictions other than the State of Maine you are responsible for compliance with the laws of such jurisdiction. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Non-U.S. Net Users
Sales of our products and services must follow U.S. Commerce Department Regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.
U.S. Government Restrictions
Sales of software to the U.S. Government may be subject to license restrictions in accordance with DFARS 252.227-7013(1) and FAR 52.227-19.
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