Terms and Conditions

Fieldmaster Tractors Ltd Totally dedicated To Customer Satisfaction apply the following conditions
When you are purchasing Goods from us as a Consumer.

PLEASE NOTE THAT THESE CONDITIONS CONTAIN TERMS WHICH EXCLUDE OR LIMIT OUR LIABILITY TO YOU.

1. DEFINITIONS AND INTERPRETATION

In these terms and conditions the following terms have the following meanings:

"Fieldmaster Main Retailer" means, in relation to us, any company that is a Main Retailer, or a Retail Dealer of our Main Retailer and the expressions "Retailer" and "Retail Dealer" shall have the same meaning as in Sections 736 and 736A of the Companies Act 1985 (as amended from time to time);

"Conditions" means these terms and conditions;

"Consumer" means any natural person who purchases Goods other than in the course of his or her business, trade or profession or for use in his or her business, trade or profession;

"Contract" means any contract for the sale by us and purchase by you of Goods;

"Delivery" means delivery of the Goods to you or, as the case may be, the Goods being ready for collection by you, and "Deliver" should be interpreted accordingly;

"Goods" means any goods to be sold and supplied by us to you;

"Price" means all sums payable by you to us for the Goods;

"Us", "our" or "we" refers to the seller of Goods under a Contract which may be either Fieldmaster Tractors Limited or any of its Retailers as named or identified in any acceptance of your order; and

"You" or "your" means the customer buying the Goods from us.

2. CANCELLATION

2.1 In the case of contracts made by telephone, mail order, email, facsimile or on the internet you may cancel the Contract by giving us notice in writing at any time on or before the expiry of seven working days from the day after the date of delivery by us or collection by you of the Goods. Where you exercise this right of cancellation you must promptly return the Goods to us and pay the cost of doing so. Pending your return of the Goods to us, you must take reasonable care of the Goods i.e. Un-used in their original packing if applicable and retain possession of them.

2.2 We reserve the right to cancel the contract between us if:

2.2.1 For any reason we have insufficient stock to deliver the goods you have ordered.


2.2.2 Due to typing error or an error in the pricing information given to us from one of our suppliers, one or more of the Goods you have ordered was listed at an incorrect price

3. PRICE AND PAYMENT

3.1 The Price is exclusive of VAT which is payable by you in addition to the Price

3.2 If you pay by credit or debit card we are entitled to charge an additional amount to cover the charges we will incur.

3.3 We accept cheques that should be made out to "Fieldmaster Tractors Ltd" You should then allow Ten (10) days for clearance

3.4 Except where payment is made by you at the time of entering into a Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable on Delivery.

3.5 Either you or we (as appropriate) will have the right to charge the other interest on any overdue amounts from the date payment falls due until the day immediately prior to the date payment is made (whether before or after judgment) at the rate of 10% above the base lending rate of RBS Bank plc from time to time. Such interest will accrue on a daily basis and be compounded annually.

3.6 If you fail to pay the Price on the date on which payment becomes due we will be entitled (without prejudice to any other right or remedy we may have) to suspend any further Delivery to you under the same or any other Contract until actual payment is made in full.

3.7 Refunds made for any reason will be re-credited to your Credit/Debit card as soon as possible after the cancelled contract; you should expect to receive the refund within Twenty (20) days. Goods paid for by cheque will be refunded by cheque.

4. DELIVERIES AND RISK

4.1 If we deliver the Goods to you we will charge you for the cost of delivery in addition to the Price and in accordance with our published terms for such costs in force at the time the Contract is made.

4.2 We will use our reasonable endeavours to Deliver the Goods on the date agreed between you and us or, if no date is agreed, within a reasonable time. However, our obligation to deliver the Goods to you is suspended for such period of time during which we are prevented, hindered or delayed in doing so due to unforeseen events or circumstances beyond our reasonable control. When we are no longer prevented, hindered or delayed in making Delivery of any Goods to you then we will Deliver them to you as soon as reasonably possible.

4.3 If we delay Delivery of any Goods (either due to our fault or where our obligation to Deliver is suspended) for a period of 30 days or more then you are entitled by written notice to cancel the Contract in respect of those Goods affected by the delay. However, you may not cancel in respect of any Goods that we deliver prior to your sending us such notice.

4.4 If the Contract requires you to collect the Goods, the risk of loss or damage to them passes to you on collection. If the Contract requires us to deliver the Goods to you, risk passes to you on handover of the Goods at the agreed delivery address.

5. WARRANTY

5.1 The warranty set out below (the "Warranty") is subject to and in addition to your statutory rights (in particular your rights as a Consumer under Part 5A of the Sale of Goods Act 1979) in respect of any failure of the Goods to comply with the Contract.

5.2 The Warranty applies (i) only to Goods sold by us as new and (ii) in respect of any failure to comply with the Contract as at the date of Delivery and which is discovered within the warranty period referred to in the next Condition.

5.3 The warranty period is twenty four (24) months Tractors twelve (12) months all other products commencing on the date of Delivery.

5.4 During the warranty period we are entitled and obliged (at our option) to do any of the following: refund all or any of the Price, repair or replace the Goods or any part of them (or procure such repair or replacement) to the extent that the Goods or part do not comply with the Contract as at the date of Delivery.

5.5 Any Goods or part supplied in replacement of or repair to such Goods or part are covered by the Warranty for 12 months from the date of such replacement or repair.

5.6 To take advantage of the Warranty you or any subsequent owner of the Goods in question must notify us at the address shown in the invoice promptly and in any event within Seven (7) days of the relevant problem being discovered and permit us to inspect the Goods. If we do not receive notice of the problem within this timeframe then we will have no obligations under the Warranty in respect of that problem.

5.7 Following notification of such problem we will use our reasonable efforts to inspect and/or repair and/or replace the relevant Goods or part within a reasonable time. You must not arrange for a third party to carry out any repairs or work in relation to the particular problem without our consent except to the extent that we fail to carry out our obligations under this Warranty (and where you do so it must be on reasonable terms). If you do so (subject to the exception just mentioned) then we will have no further obligations under this Warranty in respect of the applicable problem

6. OWNERSHIP OF GOODS

Ownership of and title to the Goods passes to you only when we receive payment in full in cleared funds of the Price together with any VAT, delivery and other charges under the Contract.

7. NOTIFICATION OF PROBLEMS

If any of the Goods are faulty or damaged then you must notify us as soon as practicable after the fault or damage is discovered. Your notice must describe the fault or damage in question.

8. LIMITATION OF LIABILITY

We will not be liable for any loss or damage caused by any breach of the Contract by us except to the extent that such loss or damage is a reasonably foreseeable consequence of the breach. What is foreseeable is determined at the time the Contract is entered into. However, this limitation on our liability does not apply to personal injury or death caused by our negligence or to fraudulent representations, acts or omissions.

9. SELLERS RIGHTS

9.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.


9.2 We shall make every effort to ensure prices are correct at the point the Buyer places an order.


9.3 We reserve the right to withdraw any Goods from the Website at any time


9.4 We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order

10. THIRD PARTY RIGHTS

No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Contract.

11. FORCE MAJEURE

Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of a contract between us and the Consumer, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. Accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Seller or its suppliers, that prevent the Seller from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party's failure to perform its obligations under the contract.

12. LAW

The Contract will be governed by and construed in accordance with the laws of England and Wales and you and we submit to the non-exclusive jurisdiction of the English and Welsh courts.