Evergreen Telematics Terms & Conditions
These Terms & Conditions apply to every estimate, quote, work order, and invoice issued by Evergreen Telematics, whether or not they are printed on that document. By approving an estimate, issuing a purchase order, authorizing work, or accepting delivery of Products, the Customer agrees to these terms.
Effective date: [Month Day, Year]
1. Definitions and Scope
"Evergreen Telematics," "we," "us," and "our" mean Evergreen Telematics [LLC], its owners, employees, and authorized subcontractors.
"Customer," "you," and "your" mean the business or person requesting Services or purchasing Products.
"Services" means all installation, removal, troubleshooting, inspection, service, consulting, project planning, and engineering work performed by Evergreen Telematics.
"Products" means all equipment, devices, cameras, trackers, harnesses, accessories, and materials sold by Evergreen Telematics.
"Travel Expenses" means the costs of getting personnel and equipment to and from the job site, as described in Section 4.
"In writing" includes email from an authorized representative of either party.
2. Estimates
Estimates are based on the information available when prepared, including vehicle or unit counts, equipment type, and site conditions provided by the Customer. Final charges may differ if the scope, quantities, vehicle or equipment condition, or site conditions differ from what was represented. Estimates are valid for 30 days from the date issued unless stated otherwise.
3. Pricing
Services are billed at the rates shown on the estimate or, for work outside the estimate, at our standard rates in effect at the time of service. Product pricing is based on current manufacturer and supplier pricing and may change if supplier costs change before the order is placed. We will notify the Customer of any Product price change before ordering. Prices do not include applicable sales or use taxes, which will be added to the invoice unless the Customer provides a valid exemption certificate before invoicing.
4. Travel Expenses
Travel Expenses are not included in Services or Product totals. They are billed separately, at cost and without markup, after the work has been invoiced. Travel Expenses may include:
- Airfare and baggage fees
- Lodging
- Rental vehicles and fuel
- Mileage at the current IRS standard mileage rate
- Tolls and parking
- Shipping of tools and equipment to or from the job site
- Per diem for meals and incidentals
Any travel amounts shown on an estimate are estimates only, provided for budgeting. Actual costs apply. Receipts or supporting documentation are available on request.
5. Changes to Scope
Work or Products outside the approved estimate, including additional vehicles, units, or services requested on site, are billed at our standard rates. Changes should be approved in writing before the additional work is performed or Products are ordered. If the Customer's on-site representative requests additional work, the Customer agrees that representative is authorized to approve it.
6. Deposits and Prepayment
Projects over $30,000, projects with significant travel, and/or new customers may require a deposit of 20% before scheduling. Deposits are applied to the final invoice. Special-order, bulk, or non-stock Products may require prepayment in full before ordering. Deposits covering Products already ordered or travel already booked are non-refundable to the extent those costs cannot be recovered.
7. Scheduling, Cancellation, and Rescheduling
Cancellations or reschedules made less than [72] hours before the scheduled start may be charged a cancellation fee of 25% plus any non-refundable Travel Expenses already incurred. If our technicians arrive and cannot begin or complete work for reasons outside our control, the Customer may be charged a trip charge, standby time at our standard hourly rate, and resulting Travel Expenses.
8. Customer Responsibilities and Site Readiness
The Customer is responsible for:
- Having vehicles and equipment on site, accessible, unlocked, and with keys available at the scheduled time
- Providing vehicles with sufficient battery charge and fuel to test installed equipment
- Providing a safe, reasonably level, well-lit work area with access to restrooms
- Obtaining any facility access, badging, safety training, or permits required by the site
- Providing accurate vehicle information (year, make, model, VIN, and unit numbers) before the job
- Having a representative available to approve work and sign off on completion
Delays caused by the Customer not meeting these responsibilities may be billed as standby time.
9. Pre-Existing Conditions
We are not responsible for pre-existing damage, wear, electrical faults, warning lights, fault codes, or mechanical problems in the Customer's vehicles or equipment. Technicians may note visible pre-existing conditions, but this is not a full inspection. Installations on vehicles with existing electrical problems are performed at the Customer's risk, and we may decline to install on vehicles we consider unsafe or unsuitable.
10. Customer-Supplied and Third-Party Equipment
When the Customer, its telematics provider, or another vendor supplies devices, harnesses, or materials, we warrant only our installation workmanship. We are not responsible for defects, compatibility problems, missing components, firmware, activation, or performance of that equipment. Delays caused by missing, late, or defective customer-supplied equipment may be billed as standby time. We are not responsible for loss of or damage to customer-supplied equipment shipped to or stored at a job site we do not control.
11. Product Orders and Lead Times
Delivery dates are estimates based on supplier availability. We are not responsible for delays, backorders, or discontinued items caused by manufacturers, suppliers, or carriers. If a Product becomes unavailable, we may offer a comparable substitute, subject to the Customer's approval.
12. Special Orders
Products that are special-ordered, custom-configured, programmed, or ordered specifically for the Customer cannot be canceled or returned once ordered.
13. Shipping and Risk of Loss
Shipping and handling are billed separately unless included in the quoted price. When Products ship directly to the Customer, risk of loss passes to the Customer when the Products are handed to the carrier. The Customer must report shortages or visible shipping damage in writing within 3 business days of delivery. Products received without a timely report are considered accepted.
14. Returns
Unopened, unused stock Products in original packaging may be returned within 30 days of delivery with prior written authorization. Returns are subject to a 40% restocking fee, and the Customer pays return shipping. Installed, opened, special-order, programmed, or custom-configured Products are not returnable. Refunds or credits are issued after we receive the return and the supplier accepts it.
15. Subscriptions, Airtime, and Software
Airtime, cellular data, software, and monitoring subscriptions are provided by the manufacturer or platform provider under that provider's own terms. We are not responsible for platform outages, coverage gaps, data loss, subscription price changes, or service discontinuation by the provider, including cellular network sunsets. [If we bill subscriptions on the provider's behalf, they are billed in advance and are non-refundable for partial periods. Subscription agreements renew automatically unless canceled in writing [30] days before renewal.]
16. Invoicing and Payment Terms
Payment is due Net 15 from the invoice date. Any other payment arrangement must be agreed to in writing and signed by both parties before work begins. Verbal agreements, and purchase order or vendor portal terms that conflict with these terms, do not change them unless we accept them in writing. We may invoice Services, Products, and Travel Expenses separately, and multi-phase or multi-site projects may be invoiced in progress as work is completed. Each invoice is due on its own terms.
We accept [ACH, check, and credit card]. Credit card payments may be subject to a processing surcharge of up to [3]%, where permitted by law. Customer vendor registration, onboarding, or portal requirements do not extend the payment due date.
17. Late Payments and Suspension
Balances not paid by the due date accrue a late charge of 1.5% per month (18% per year), or the maximum rate permitted by law, whichever is less, from the due date until paid. Payments are applied first to late charges and collection costs, then to the oldest outstanding balance. We may suspend scheduled or ongoing work, hold Product orders, and require prepayment on future work for any account with a past-due balance. Returned payments are subject to a fee.
18. Collection Costs
The Customer agrees to pay all reasonable costs of collecting past-due balances, including collection agency fees, attorney's fees, and court costs, to the extent permitted by law.
19. Billing Disputes
Questions or disputes about an invoice must be submitted in writing within 10 days of the invoice date, with a description of the disputed items. Invoices not disputed within that time are considered accepted. Undisputed portions remain due by the original due date.
20. Title to Products
Title to all Products remains with Evergreen Telematics until the related invoice is paid in full. Until then, the Customer grants us a security interest in those Products and authorizes us to recover them, where permitted by law, if the invoice is not paid.
21. Product Warranty
Products are covered only by the manufacturer's warranty, which we pass through to the Customer. We make no separate warranty on Products and will assist with manufacturer warranty claims as a courtesy. Labor to diagnose, remove, or reinstall a Product under a manufacturer warranty claim is billed at our standard rates plus Travel Expenses, unless the failure was caused by our installation workmanship.
22. Workmanship Warranty
We warrant our installation workmanship for 90 days from the date of service. If a defect in our workmanship is reported in writing within that period, we will correct it at no charge for labor. This warranty does not cover:
- Equipment or Product defects
- Damage from accidents, misuse, neglect, weather, or vehicle repairs
- Equipment moved, modified, removed, or repaired by anyone other than Evergreen Telematics
- Customer-supplied equipment or materials
- Problems caused by pre-existing vehicle conditions
The workmanship warranty is void while the Customer's account has a past-due balance. Warranty return trips found to involve non-warranty issues are billed at standard rates plus Travel Expenses.
23. Disclaimer of Other Warranties
EXCEPT FOR THE WORKMANSHIP WARRANTY IN SECTION 22, EVERGREEN TELEMATICS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR GOOD AND WORKMANLIKE PERFORMANCE, TO THE EXTENT PERMITTED BY LAW.
24. Limitation of Liability
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR PRODUCTS OR SERVICES IS LIMITED TO THE AMOUNT THE CUSTOMER PAID FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, VEHICLE DOWNTIME, LOST REVENUE, LOST DATA, OR CLAIMS BY THIRD PARTIES. Any claim against us must be made in writing within one year of the date of service or delivery.
25. Indemnification
The Customer agrees to defend, indemnify, and hold harmless Evergreen Telematics and its owners, employees, and subcontractors from claims, losses, and expenses, including attorney's fees, arising from the Customer's use of the Products or installed equipment, the condition of the Customer's vehicles or site, the Customer's collection or use of data, or the Customer's breach of these terms, except to the extent caused by our negligence.
26. Telematics Data and Driver Privacy
Telematics devices, GPS trackers, and AI or dash cameras may record location, video, audio, and driving behavior. The Customer, not Evergreen Telematics, controls that data and is solely responsible for how it is collected, used, and stored. That includes giving any notices to drivers and employees and obtaining any consents required by law. We do not access, store, or monitor the Customer's data except as needed to install, test, or troubleshoot equipment at the Customer's request.
27. Subcontractors
We may use qualified subcontractors to perform Services. These terms apply to work performed by our subcontractors as if performed by us. The Customer agrees not to directly hire or contract with any Evergreen Telematics employee or subcontractor introduced through our work for 12 months after the last date of service, without our written consent.
28. Safety
Our technicians may stop or decline work if they believe the site, vehicle, or conditions are unsafe. Standby time and Travel Expenses resulting from unsafe conditions outside our control are billable. The Customer is responsible for informing our technicians of site-specific safety rules and hazards before work begins.
29. Delays Beyond Our Control
We are not responsible for delays or failure to perform caused by events outside our reasonable control, including severe weather, natural disasters, supply chain disruptions, carrier delays, power or network outages, government actions, labor disputes, or illness. Scheduled dates will be adjusted as needed.
30. Entire Agreement and Order of Precedence
These terms, together with the approved estimate and any written agreement signed by both parties, make up the entire agreement between the Customer and Evergreen Telematics. If they conflict, a signed written agreement controls first, then the approved estimate, then these terms. Pre-printed terms on a Customer purchase order, vendor portal, or similar document do not apply unless we accept them in writing.
31. Governing Law and Venue
These terms are governed by the laws of the State of Texas. Any dispute will be brought in the state or federal courts located in Tarrant County, Texas, and both parties consent to that venue.
32. Severability and Waiver
If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.
33. Changes to These Terms
We may update these terms from time to time by posting a new version on this page with a new effective date. The version in effect when an estimate is approved applies to that job.