This page provides information about who we are and the legal terms and conditions that may apply to your use of the Terram website and any product you order from us.
To help you find the information you are looking for, we have divided this page into 3 sections. These are:
- Information about Terram If you would like to get in touch with us or would like to view our registered company details please click here.
- Website Terms and Conditions. To view the legal terms and conditions that apply when you access, browse and use this website (including registering with this website), please click here.
- General Terms and Conditions of Sale. To view the legal terms and conditions that apply to any product or service that you order from us through this website, please click here.
1. INFORMATION ABOUT TERRAM
This website is owned and operated by Fiberweb Geosynthetics Limited. Fiberweb Geosynthetics Limited is a company registered in England and Wales under company number 1589762, whose registered office is at Forsyth House, 211-217 Lower Richmond Road, London, TW9 4LN and whose primary place of business is at Blackwater Trading Estate, The Causeway, Maldon, Essex, CM9 4GG. Our registered VAT number is GB 888 1788 50. On this page we use the terms "we", "our" and "us" to refer to Fiberweb Geosynthetics Limited.
2. WEBSITE TERMS AND CONDITIONS
These website terms and conditions (the "Website Terms") apply to your use of the Terram website at www.terram.com (the "Website"). Please read these Website Terms carefully. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to the Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use the Website.
General Terms and Conditions of Sale
If you order a Terram product through the Website, you will also be deemed to have read, understood and agreed to our General Terms and Conditions of Sale. You can view our General Terms and Conditions of Sale by clicking here.
Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
Use of the Website
You must only use this Website for lawful purposes. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Fiberweb Geosynthetics Limited. You may not, without our prior written consent:
- Copy, reproduce, use or otherwise deal with any content on the Website;
- Modify, distribute or re-post any content on the Website for any purpose;
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website; or
- Use the content of the Website for any commercial exploitation.
Accuracy of Content
To the extent permitted by applicable law, Fiberweb Geosynthetics Limited disclaims all responsibility and liability for the accuracy or completeness of the content and information displayed on the Website and for any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Links to Other Websites
The links on the Website to other websites and resources provided by third parties are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them
Exclusions of Liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
You may not assign or sub-contract any of your rights or obligations under these Website Terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligation under these Website Terms to any third party at our discretion.
If any provision of these Website Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Law and Jurisdiction
Any dispute or claim arising out of or in connection with these Website Terms or your use of the Website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
Only you and Fiberweb Geosynthetics Limited shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) act 1999 or otherwise.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use the Website, you will be deemed to have agreed to any changes and updates to our Website Terms.
3. GENERAL TERMS AND CONDITIONS OF SALE
1. Definitions. "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. "Buyer" means the person purchasing Goods from the Seller under the Contract. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating or in accordance with these General Sales Terms. "Goods" means the goods set out in the Order. "Order" means the Buyer's order for Goods. "Seller" means Fiberweb Geosynthetics Ltd
2. Basis of Contract. These General Sales Terms apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate or which may be implied. An Order constitutes an offer by the Buyer to purchase Goods in accordance with these General Sales Terms and shall only become binding on the parties once accepted by the Seller in writing. The Buyer shall ensure that the terms of the Order are complete and accurate.
3. Price. Unless otherwise agreed in writing by the Seller, the price for the Goods (the "Price") shall be the Seller's list price for the Goods prevailing on the date of delivery together with any value added tax or other tax thereon. The Seller may, by giving notice to the Buyer at any time, increase the Price to reflect any increase in the cost of the Goods, any request by the Buyer to change the delivery date, quantity or type of Goods ordered or the specification of the Goods or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate or accurate information or instructions.
4. Payment. The Seller may invoice the Buyer for the Goods on or at any time after delivery. The Buyer shall pay each invoice within 30 days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Seller and time of payment is of the essence. The Buyer shall pay all amounts due in full and cleared funds without any deduction or withholding and the Buyer shall not be entitled to assert any credit, set-off or counterclaim against the Seller. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer. If the Buyer fails to make any payment due to the Seller under the Contract by the due date for payment, then the Seller shall be entitled to charge interest on the overdue amount at the rate of 5% per annum above the rate of the main refinancing facility of the European Central Bank (ECB) from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment, whether before or after judgment.
5. Delivery. Unless otherwise agreed in writing by the Seller, the Seller shall deliver the Goods to the Buyer on an ex-works (Incoterms 2010) basis. Delivery dates are approximate only and the time of delivery is not of the essence. If the Buyer fails to take delivery of the Goods on the scheduled delivery date, then delivery of the Goods shall be deemed to have been completed and the Seller shall store the Goods until delivery takes place and charge the Buyer for all related costs and expenses (including insurance). If the Buyer has not taken delivery of the Goods within 3 days after the scheduled delivery date, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the Price or charge the Buyer for any shortfall below the Price. The Seller may deliver the Goods in installments.
6. Risk/Title. The risk in the Goods shall pass to the Buyer on completion of delivery. Title to the Goods shall not pass to the Buyer until the Seller has received payment in full and cleared funds for the Goods and all other sums which are or become due to the Seller. Until title to the Goods has passed to the Buyer, the Buyer shall (a) hold the Goods on a fiduciary basis on behalf of the Seller; (b) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller's property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (e) notify the Seller immediately if it becomes subject to any of the events listed in clause 11; and (f) give the Seller such information relating to the Goods as the Seller may require from time to time. The Buyer may, however, resell or use the Goods in the ordinary course of its business. If before title to the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in clause 11, or the Seller reasonably believes that any such event might occur, then, without limiting any other right or remedy the Seller may have, the Seller may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.
7. Warranty. The Seller warrants only that the Goods on delivery shall conform in all material respects with the data sheets published by the Seller from time to time. All other warranties, conditions or undertakings as to quality or description (howsoever made or implied) shall be excluded to the fullest extent permitted by law. The Seller is not liable for a breach of warranty or a defect in the Goods unless it is notified to the Seller within 14 days after the date of delivery or, if the defect would not be apparent on reasonable inspection, within one month after the date of delivery. In respect of any nonconforming or defective Goods, the Seller shall, at its election, repair the Goods or supply replacement Goods or grant to the Buyer a credit equal to the Price (in which event the Seller shall be deemed not to be in breach of the Contract or have any liability to the Buyer for the non-conforming or defective Goods); provided in each case that the Buyer, upon request, returns the relevant Goods (unaltered) to the Seller for inspection as soon as possible and at its own risk and expense.
8. Liability. The Seller shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for (a) any loss of profit or indirect or consequential loss arising under or in connection with the Contract; or (b) for nonconforming or defective Goods if the Buyer makes any further use of such Goods after giving notice in accordance with clause 7 or the defect arises because of any act or omission by the Buyer (including any unauthorized alteration or repair of the Goods, a failure to follow oral or written instructions as to storage, installation, use and maintenance of the Goods (or good trade practice) or fair wear and tear, wilful damage, negligence or abnormal storage or working conditions) or the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer. The Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the Price. Nothing in these General Sales Terms shall limit or exclude the Seller's liability for fraud, death or personal injury caused by its negligence or any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
9. Indemnity. The Buyer shall indemnify the Seller, its affiliates and its and their directors, officers, employees, agents and contractors in full against all claims, losses, liabilities, damages and expenses (including legal and other professional fees and expenses) arising as a result of or in connection with (a) the Buyer's use of the Goods; or (b) any infringement or alleged infringement by the Buyer of any copyrights, patents, trade secrets or other intellectual property rights of third parties; or (c) the Buyer's breach of the Contract.
10. Compliance with Laws. The Buyer represents and warrants that it shall at all times comply with all applicable laws, regulations, codes, rules, ordinances, judgments, orders and decrees (including any anti-bribery and corruption laws). Upon request, the Buyer shall promptly provide the Seller with all and any information reasonably requested to confirm or in connection with such compliance.
11. Termination. The Seller shall be entitled, at any time by giving written notice to the Buyer and without prejudice to its other rights and remedies, to suspend any deliveries of Goods and/or terminate any order for Goods and/or terminate the Contract forthwith if: (a) the Buyer fails to pay to the Seller on the due date any amount payable under the Contract; (b) the Buyer commits a material breach of the Contract; (c) the Buyer becomes insolvent or bankrupt or enters into liquidation or appoints a liquidator, receiver, manager, administrator or administrative receiver or equivalent officer in any jurisdiction in respect of any assets or undertaking of the Buyer or any affiliate of the Buyer or the Buyer or any of its affiliates enters into an arrangement or composition with its creditors or any similar appointment, arrangement or composition is made under any applicable law; (d) the Seller believes that any of the foregoing might occur; or (e) any event occurs or proceeding is taken with respect to the Buyer that has an effect equivalent or similar to any of the foregoing. Provisions of these General Sales Terms which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination. Upon termination for any reason, all amounts owing by the Buyer to the Seller, whether under the Contract or for any other reason, shall become immediately due and payable.
12. Confidentiality and IP. The Buyer shall keep in strict confidence all information (including without limitation all technical or commercial data, intellectual property, know-how, specifications, inventions, technology, processes or initiatives) disclosed by or relating to the Seller, its affiliates or their businesses or activities and of which the Buyer becomes aware ("Information"). The Buyer shall only use the Information in performing its obligations under the Contract and shall restrict disclosure of Information to those of its officers and employees as need to know the same for the purpose of performing its obligations under the Contract and it shall ensure that such officers and employees are subject to like obligations of confidentiality. Ownership of the Information shall remain vested in the Seller and the Buyer shall not use the Information in any way so as to gain commercial advantage over the Seller (including without limitation through abuse of the Seller's intellectual property rights).
13. Force Majeure. Delay in performance or failure to perform hereunder shall be excused to the extent caused by circumstances beyond the reasonable control of the party claiming such excuse (including without limitation acts of God, lock-outs, strikes or other labour disputes, fire, explosion, flood, epidemic, machine breakdown, inability to obtain supplies, governmental actions or war). The party claiming such excuse shall give written notice to the other party as soon as reasonably practicable giving its best estimate of the expected period of delay.
14. Whole Agreement, No Amendment. The Contract constitutes the entire agreement between the parties relating to the subject matter thereof. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. No variation of the Contract or any order for Goods shall be effective unless it is in writing and signed by or on behalf of the parties.
15. Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
16. Notices. Any notice or other communication given under or in connection with the Contract shall be in writing, addressed to that party at its registered office or principal place of business (or such other address as that party may nominate in writing in accordance with this clause) and shall be delivered personally, sent by pre-paid first-class post or fax.
17. Status. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. A person who is not a party to the Contract shall not have any rights under or in connection with it.
18. Assignment and Subcontracting. The Buyer shall not, without the prior written consent of the Seller, assign, transfer, charge or subcontract the Contract or any of its rights or obligations under the Contract or purport to do any of the same.
19. Governing Law and Jurisdiction. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
20. Severance. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
21. Language. If this Contract is translated into any language other than English, the English language text shall prevail.