Legal Question in Business Law in California

Retails - Evergreen

I work with retail and I have heard the term Evergreen come up when referring to falsely inflated retails to show bigger savings when on special. However, no one seems to be able to explain to me the legalities of this. What exactly is ''evergreen'' when applied to retail practices and what are the limitations?


Asked on 6/09/09, 10:13 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Retails - Evergreen

"Evergreen" in the world of commerce and finance usually refers to an arrangement, often contractual, where someone holds out an offer or business opportunity on a continuous, rather than time-limited, basis. It may also refer to a lease or contract that is self-renewing. The term was commonly used in the leasing industry several decades ago. A careful search of Google and other search engines suggests that the term "evergreen" is nowadays rarely used in the retail pricing context and would not be widely understood to have a special meaning other than perhaps "base price" "list price" "rack rate" or other concepts suggesting the price that is available long-term.

Since search engines didn't provide me with any better definition for "evergreen," I assume it is either (1) jargon rather narrowly used in a small segment of commerce, or by a single manufacturer or wholesaler, or (2) used in its 1970-era meaning of long-term, renewable, you-can-almost-rely-on-it base terms, both as to pricing and other aspects of a contract. In other words, something that is "evergreen" is self-renewing or perennial.

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Answered on 6/10/09, 12:15 am


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