Next day delivery throughout the UK*
Free delivery on all orders over £100
Delivered direct to your customers
Next day delivery throughout the UK*
Free delivery on all orders over £100
Delivered direct to your customers
Terms & Conditions
1st December 2017
1. Definitions
1.1 “Business Customers” means a customer who is not a Consumer.
1.2 “Field” means Field CPS Ltd also referred to as “we” or “us” in these terms and conditions.
1.3 “Catalogue” means the catalogue/range of products and services offered by Field CPS Ltd.
1.4 “Force Majeure” means any cause affecting the performance by Field CPS Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including
(but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 “Normal Working Hours” means 9am to 5pm on a Working Day.
1.6 “Working Days” means Monday to Friday, excluding Bank or other Public holidays.
1.7 “Product” means products being marketed by Field CPS Ltd.
1.9 “Services” means supply, consultancy, and other services that may be provided by Field CPS Ltd.
Please note that special terms apply to Consumers and prevail over the other provisions of these terms and conditions.
All contracts of sale made by Field CPS Ltd shall be deemed to incorporate these terms and conditions which shall prevail over any other terms from the party (“the Customer”) with whom Field is dealing.
2. Orders
2.1 The issuing of a Purchase Order or placement of an order through the Field website by the customer will be accepted by Field as confirmation that the customer is purchasing the product(s). Cancellation
of orders by business to business customers is not accepted, as many orders are despatched on the same day the order is placed, unless cancellation is received prior to the order being shipped. Nothing in
these terms and conditions is intended to impinge upon a Business Customers statutory or contractual rights to reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered:
2.2.1 The Customer will ensure that any credit or debit card used to make a purchase from Field is their own card or their company’s card and that they are authorised to use such card and that there are
sufficient funds or credit facilities to cover the cost of any goods or services you order from Field.
2.3 Please note, Field may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.
3. Prices
3.1 Goods and services together with VAT are invoiced at the price agreed at time of order.
3.2 Field reserves the right to modify the prices (in respect of products not already ordered) from time to time; any revised pricing must be agreed in advance with the Customer.
4. Delivery, Title & Risk
4.1 Field shall make every reasonable effort to despatch goods according to the advertised schedule but does not accept liability for failure to delivery within the stated time whether or not such failure is
caused by circumstances beyond our reasonable control such as delays caused by delivery companies or manufacturer lead times. A customer who is a Consumer shall be entitled to cancel an order
without penalty when advised of a delay if the revised delivery date is not acceptable.
4.2 In the case of a Business Customer, if Field is unable to deliver the goods within 30 days of the agreed delivery date the Customer will as its sole remedy be entitled to cancel the order and require any
monies paid to Field in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Field after the above date but before delivery of the goods or
notification from Field that the goods are ready for delivery. This Clause does not apply to Consumers.
4.3 Field does not accept liability for shortages or damage to deliveries unless the Customer notifies Field of the shortage or damage in writing within 5 days of receipt of the delivery. Consumers should notify
shortages or damage in writing within a reasonable period of becoming aware.
4.4 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
4.5 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address whereupon the risks of loss breakage and all damage and all other risks shall pass to the Customer.
4.6 Title in the goods does not pass to the Customer until payment is received in full by Field for the goods that have been supplied.
4.6.1 Until title to the goods passes to the customer Field will have the right to retake, sell or otherwise dispose of all or any part of the goods.
4.7 If the Customer cannot accept delivery Field may as its option (by giving written notice): (a) store and insure the goods at the Customer’s expense and risk or (b) re-arrange delivery provided that Field
may charge the Customer for the additional delivery costs incurred.
4.8 The Customer may request a Proof of Delivery provided that this request is made in writing within 3 months of the date of delivery and Field shall use reasonable endeavours to provide such proof.
4.9 Upon delivery of the goods the Customer will be asked to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where
there is evident damage to the packaging this should be noted on the Proof of Delivery. Field shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and
signs the Proof of Delivery without amendment.
5 Payment
5.1 Payment is due 30 days from the date of the invoice except in the case of transactions where different terms are agreed in writing.
5.2 If payment is not made on the due date Field may notify the Customer of the amounts outstanding and Field will be entitled to charge interest daily on the outstanding balance at the rate of 1% above
Barclays Bank PLC annual base lending rate from thereafter.
5.3 If non payment is due to a discrepancy in the invoice or delivery then that part of the invoice that is subject to the discrepancy shall remain unpaid until the discrepancy has been resolved between Field CPS and the Customer.
6 Warranties and Returns
6.1 Field is committed to providing our customers with the highest quality products and service, however, on rare occasions products may be found to be faulty or defective. In such cases we offer the returns
facilities described below.
6.2 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13); Field does not sell products on a trial basis. Customers
are strongly advised to check suitability and specifications of products before ordering. In some instances Customers may benefit from special price discounts issued by a manufacturer specifically for
their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Field will notify the Customer when quoting a special price item that it is not returnable.
Accordingly, orders for such goods can not be cancelled and Field can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
6.3 In the event that Field, at its discretion agrees to accept the return for credit of unwanted (not-faulty) products, the goods must be returned with Field’s prior written agreement within 14 days of delivery.
The Customer has the right to inspect the delivered goods but any goods that are returned must be in re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of
20% of Field’s sale price for the goods.
6.4 Subject to testing to verify any alleged fault we will accept the return of defective goods for full refund or replacement at our option if, and only if, Field is notified within 14 days of delivery. Consumers
who wish to return defective products are not obliged to follow the processes set out below but are recommended to do so as this helps us to provide a more efficient returns service.
6.5 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier and to insure the goods to their full value.
6.6 On receipt of the returned product we will test where appropriate it to identify the fault you have notified to us.
6.7 If following the testing process, the product is found to be in good condition without defect, we will return the product to you and the carriage costs of this return will be your responsibility.
7 Fields’s Liability
7.1 In its dealing with Business Customers, Field shall under no circumstances be liable for any consequential or indirect damage or loss, however, caused, including (but not restricted to) loss of business or
profits, loss of goodwill, damage to trading relationships or loss of data. Field’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order. This Clause does not apply
to the provision of services.
7.2 Nothing in this agreement shall limit Field’s liability for death or personal injury caused by its negligence.
8 Health and Safety
8.1 Field confirms that the goods it supplies do not present a hazard to health and safety if the customer takes reasonable and normal precautions in their use
9 Force Majeure
9.1 Where, in spite of its reasonable efforts, Field is unable to perform an obligation due to (and to the extent of) circumstances beyond its reasonable control, it shall not be deemed to be in breach of its
Contract with the Customer for so long as such circumstances exist and on condition that Field takes all reasonable steps to mitigate such circumstances.
10 General
10.1 If any provision in these terms and conditions is held to be invalid or unenforceable, it shall be deemed severed from these terms and conditions and this shall not affect the validity or enforceability of the
remaining provisions.
10.2 Any waiver of a breach of these terms and conditions must be in writing.
10.3 Any variation of these terms and conditions must be in writing and signed by a duly authorised Field official.
10.4 The headings are for convenience only and shall not affect the interpretation of these terms and conditions.
10.5 Any notices given under these terms and conditions shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by
e-mail to the last notified e-mail address of the party.
10.6 These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.