SALES:
To ask questions about or to order these items, please CALL US! 502.484.3988, 502.484.5550 or 502.484.0704
(NOTE: If all of our phone lines are tied up, you should go into our VoicemailâŚPLEASE LEAVE A MESSAGE! We WILL get back to you, even if it takes a couple days!! IF THE VOICEMAIL DOES NOT ACTIVATE, PLEASE SEND US AN EMAIL AT sales@earthtools.com)
You can also send us a FAX at 502.237.1026.
SERVICE:
For TECHNICAL SERVICE issues on any of the products we offer, feel free to call us at 502.484.3988 or you can e-mail us at service@earthtools.com.
PARTS:
For SPARE PARTS orders / inquiries, feel free to call us at 502.484.3988 or you can e-mail us at parts@earthtools.com.
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PRICES:
All prices shown on this website or on our invoices are in U.S. Dollars.
NOTE #1: All Sale and Promotional prices shown on this website apply to purchasers within the continental USA. For purchasers outside the continental USA, please contact us for a price quote.
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PAYMENT:
Accepted forms of payment from customers in the USA: Cash, Check, Money Order, Direct Bank Transfer / ACH, or Visa, Mastercard & Discover credit/debit cards. (NOTE:Â For direct bank / ACH payments, MINIMUM amount is $250)
Terms on all orders are Full Payment in Advance, although Government agencies and Universities can apply for 30 day terms. ALL ORDERS ARE CONSIDERED âCONFIRMEDâ AND WILL ENTER OUR SHIPPING QUEUE BASED ON DATE OF FULL PAYMENT (except in cases where the customer has 30-day terms with us, as described above)
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Down Payments:
How down payments work at Earth Tools: A Down payment will reserve goods for you and keep them from being sold to someone else, but it will not necessarily reserve a âplace in lineâ for the equipment to actually be assembled & shipped out. To explain in more detail: Due to tremendous order volume, our assembly & shipping queue (the order in which equipment orders are assembled and go âout the doorâ) is sometimes several weeks long, and is organized by date of full paymentâŚmeaning that orders do not go INTO the assembly / shipping queue until they are fully paid.
So letâs say that you put a down payment on some equipment. A week later, another customer places an order for the same equipment you did, but they pay in full immediately. When the goods finally become available, their order will enter the assembly / shipping queue right away, dropping into a place in line according to the date of the full payment (even if your down payment was BEFORE the date of their FULL payment), while your order waits for the remainder of the payment. Your order enters the assembly / shipping queue according to the date the FULL payment arrives here. So in other words, full payment in advance will get the goods to you sooner.
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RETURNS / ORDER CANCELLATION:
If you should decide to cancel an order you have a down payment or full payment on, payments are fully refundable up until the order ships, with the EXCEPTION of payments made by Credit or Debit card (and âspecial-orderâ itemsâsee âspecial-order itemsâ section below). DETAILS: Credit and debit cards charge the âvendorâ (us, in this case) a 3% commission for ANY transaction - payment OR refund. So if you pay us by credit or debit card, we get charged 3% on that transactionâŚand if we do a refund to a credit or debit card, we get charged 3% on THAT transaction as well. (there is a reason that credit card processors make tons of money and can afford to offer ârewardsâ programs to cardholdersâŚthey make money on EVERYTHING!!) So if you paid with a credit/debit card and want a refund through that card, we will retain a 6% fee (3% x 2). If you paid by credit / debit card and are willing to accept a refund by check, we will retain a 3% fee. If you paid by check or direct-debit / ACH transfer, there is NO FEE for a refund. (NOTE #1: For refunds going to customers OUTSIDE the USA who have originally paid by Credit/Debit card, refunds will HAVE to be through the original credit/debit card [unless you have a bank that can accept Checks or ACH Deposits in US Dollars] NOTE #2: If we are refunding through a credit/debit card and the cardholderâs original currency was other than U.S. Dollars, you may also be charged âforeign transaction feesâ for both the original charge AND for the refundâŚthese are the fees a card provider charges to convert currency to and from U.S. Dollars. NOTE # 3: If the original currency was other than U.S. Dollars and there was a difference in the Currency Exchange Rates between the date you originally paid and the date of the refund, this may change the amount of your refund accordingly.)
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SPECIAL-ORDER ITEMS:
For items we do not normally stock (obscure spare parts, implements to fit 4-wheel tractors, etc.), we require a minimum of a 10% deposit, and, once the item has been shipped to us from itâs source, this 10% deposit is NON-REFUNDABLE. (If you make a deposit greater than 10% [or pay in full], then everything but 10% would be refundable if you cancel the order.) Once the item arrives here, we will collect the remaining balance due (if any) before shipping it to you.
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REFUNDS, RETURNS AND EXCHANGES:
We accept returns on our normally-stocked walk-behind tractors and implements in accordance with our âsatisfaction guaranteeâ laid out HERE.
For returns on spare parts and hand-held gardening tools: We accept returns on items in new and unused condition, if returned within 30 days of purchase date. We reserve the right to charge a 10% restocking fee on returned goods. Buyer is responsible for return shipping costs (exceptions may apply).
WE DO NOT ACCEPT RETURNS OR PROVIDE REFUNDS FOR SPECIAL-ORDERED ITEMS!!
REFUNDSÂ will be issued by the same method as the original payment.
PLEASE NOTE: Refunds back to a Credit or Debit card will have a 3% processing fee (in addition to a 10% restocking fee if applicable) deducted from the refund (because thatâs what weâve paid the credit card processing firm when you made the paymentâŚwe canât get that back from them!).
EXCHANGES:Â If returning goods for exchange, buyer responsible for return shipping charges (unless otherwise agreed upon with Earth Tools).
We reserve the right to refuse service to anyone.
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SALES TAX:
Due to âremote sales tax collectionâ laws, we are now required to collect & remit tax in many States, unless you have a valid sales tax exemption certificate of some type. â The most common purchasers of our goods are farmers, and most farmers qualify for an Agricultural Sales Tax Exemption so that they do not have to pay sales tax on tools and equipment they purchase for Farm use (the equipment MUST be used in direct production of agricultural goods for resaleâŚFarming just to produce your own food does not qualify for an agricultural exemption!)
Here is a complete list of sales-tax-exempt customer types (in MOST StatesâŚwe have found that Washington State does not give tax exemptions for almost anybody!!):
- Farmers who are using goods purchased from us in direct agricultural production of crops for resale
- Governmental organizations
- Non-Profit organizations
- Indian Tribes
- Most Schools
- Most Churches
- Retail Dealers who will be reselling the products
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CLICK HERE FOR A LINK to a multi-state Sales Tax Exemption formâŚif you qualify for one of the sales tax exemption types listed above, feel free to print this form & fill it out, noting the type of exemption you are claiming (make sure to sign & date it at bottom!). When complete, scan & email it (or fax it, or even regular-mail it!) to us. Once received, we will attach it to your account in our system, and all your future purchases from us will be sales-tax-exempt.
The email to send to is officemanager@earthtools.com (or fax # 502-237-1026)
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ALSO: It is worth noting that since this equipment DOES qualify as âfarm equipmentâ, most Farm Credit agencies will make loans on this type of equipment⌠So, if none of the above programs work for you, check with a Farm Credit agency or your local Bank about a loan.
Ask us about discounts for payments made by Cash, Check or Direct bank transfer.
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WARRANTY:
Warranties cover failures due to defects in manufacturing and/or workmanship. Warranties do NOT cover failures due to improper use, improper maintenance, components being out-of-adjustment, or normal wear and tear.
We offer a 5-year warranty on the frame of FRUITCAT upon registration. For all other components, we naturally fulfill the legal warranty of 2 years. We do our utmost to make our products low-maintenance and repair-friendly. The E-bike Li-Ion battery (FRUITCAT 05+) is suitable for approx. 1,000 charging cycles and should last many seasons with proper maintenance (charge to 80% approx. every 3 months). Since we buy this ourselves, we are limited with regard to warranty provisions and can only give 1 year of warranty. If you have any questions about our warranty conditions, please feel free to contact us.
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TERMS OF SERVICE:
OVERVIEW
This website is operated by FRUITCAT. Throughout the site, the terms âweâ, âusâ and âourâ refer to FRUITCAT. FRUITCAT offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our âServiceâ and agree to be bound by the following terms and conditions (âTerms of Serviceâ, âTermsâ), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the eâmail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools âas isâ and âas availableâ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyâs intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false eâmail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FRUITCAT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FRUITCAT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysâ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@earthtools.comÂ
Our contact information is posted below:
Earth Tools, Inc. (Official USA Distributor of FruitCat):
502.484.3988
sales@earthtools.com
1525 Kays Branch Road, Owenton KY 40359, United States
