Terms & Conditions

 Terms and Conditions for Tricel Composites (GB) Ltd.

 

Tricel Composites (GB) Limited – TERMS AND CONDITIONS OF SUPPLY 1. Interpretation 1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). Contract: the Customer’s purchase order and Tricel Composites (GB) Limited’s (hereinafter referred to as ‘the Supplier’) acceptance of it, or the Customer’s acceptance of a quotation for Goods and Services incorporating these Conditions and any relevant Installation and Maintenance Instructions. Customer: the person, firm or company named in the Contract who purchases Goods and/or Services from the Supplier. Customer’s Equipment: any equipment, systems, cabling or facilities provided by the Customer and used directly or indirectly in the supply of the Services. Customer In-put: the site preparation works to be carried out at the Delivery Address and all Documents, information and materials provided by the Customer relating to the Services including (without limitation), the Customer In-puts specified in the Installation and Maintenance Instructions Delivery Address: the address specified in the Customer order and otherwise the Supplier’s principal place of business. Document: includes, without limitation, in addition to any document in writing, any specification, drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form. Goods: all Goods manufactured or supplied by the Supplier or its agents, subcontractors, consultants and employees in relation to the Services. Group: in relation to a company (where incorporated) that company, its subsidiaries and company of which it is a subsidiary, its holding company and any other subsidiaries of that holding company. Supplier: the Supplier named in the Supplier’s quotation and/or acknowledgement of acceptance of the Customer’s purchase order. Supplier’s Equipment: any equipment, including tools, systems, cabling or facilities, provided by the Supplier or its subcontractors and used directly or indirectly in the supply of the Goods or Services which are not the subject of a separate agreement between the parties under which title passes to the Customer. Services: the installation and commissioning of the tanks by the Supplier under the Contract together with any other services which the Supplier provides, or agrees to provide, to the Customer under the Contract. Installation and Maintenance Instructions: the site preparation and facilities required by the Supplier in respect of the Goods and for the provision of the Services. VAT: value added tax chargeable under English law for the time being and any similar additional tax. 1.2 Headings in these conditions shall not affect their interpretation References to conditions are to the conditions of the Contract. 1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re- enactment and includes any subordinate legislation for the time being in force made under it. 1.5 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done. 2. Application of conditions 2.1 These Conditions shall: (a) Apply to and be incorporated into the Contract; and (b) Prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Customer, or implied by law, trade custom, practice or course of dealing. 2.2 The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services by the Supplier, constitutes an offer by the Customer to purchase the Goods and Services on these Conditions. A contract for the supply and purchase of the Goods and Services will be only be established once that has been accepted by the Supplier: (a) Either expressly by a written acknowledgement issued and executed by the Supplier; or (b) (If earlier) by the Supplier starting to provide the Services, The Customer’s standard terms and conditions (if any), enclosed with, attached or referred to in any purchase order or other Document shall not govern or apply to the Contract. 2.3 Quotations are given by the Supplier on the basis that no Contract shall come into existence except in accordance with condition 2.3. Any quotation is valid for a period of 30 days from its date, unless the Supplier withdraws it sooner. 2.4 All samples, drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They shall not form part of the Contract and this is not a sale by sample. 3. Delivery 3.1 Delivery of the Goods shall take place at the Delivery Address. 3.2 Any dates specified by the Supplier for delivery of the Goods and performance of the Service are intended to be an estimate and time for delivery or performance may not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 3.3 Subject to the other provisions of these conditions the Supplier shall not be liable for any costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Services (even if caused by the Supplier’s negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 180 days. 3.4 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Supplier is unable to deliver the Goods on time because the Customer has not provided appropriate Customer Inputs, instructions, licences or authorisations: (a) Risk in the Goods shall pass to the Customer (including for loss or damage caused by the Supplier’s negligence); (b) The Goods shall be deemed to have been delivered; and (c) The Supplier may store the Goods until delivery actually takes place, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 3.5 The Customer shall provide at the Delivery Address and at its expense adequate and appropriate equipment and manual labour for unloading the Goods. 4. Non-delivery 4.1 The quantity of any consignment of Goods as recorded by the Supplier on despatch from the Supplier’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. 4.2 The Supplier shall not be liable for any non-delivery of Goods (even if caused by the Supplier’s negligence) unless the Customer gives written notice to the Supplier of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received. 4.3 Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time. 5. Risk/title 5.1 The Goods are at the risk of the Customer from the time of delivery. 5.2 Ownership of the Goods shall not pass to the Customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: (a) The Goods; and (b) All other sums which are or which become due to the Supplier or any other member of its Group from the Customer on any account. 5.3 Until ownership of the Goods has passed to the Customer, the Customer shall: (a) Hold the Goods on a fiduciary basis as the Supplier’s bailee; (b) Store the Goods (at no cost to the Supplier) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Supplier’s property; (c) Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (d) Maintain the Goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Customer shall produce the policy of insurance to the Supplier. 5.4 The Customer’s right to possession of the Goods shall terminate immediately if: (a) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer, or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or (b) The Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Supplier and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or (c) The Customer encumbers or in any way charges any of the Goods or purports to do so. 5.5 The Supplier shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Supplier. 5.6 The Customer grants the Supplier, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them. 5.7 Where the Supplier is unable to determine whether any Goods are the goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Supplier or any other member of its Group to the Customer in the order in which they were invoiced to the Customer. 5.8 On termination of the Contract, howsoever caused, the Supplier’s (but not the Customer’s) rights contained in this condition 5 shall remain in effect. 6. Quality 6.1 The Supplier warrants that (subject to the other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery or performance the Goods and the Services shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 6.2 The Supplier shall not be liable for a breach of the warranty in condition 6.1 unless: (a) the Customer gives written notice of the defect to the Supplier, and, if the defect is as a result of damage in transit to the carrier, within 10 days of the time when the Customer discovers or ought to have discovered the defect; and (b) The Supplier is given a reasonable opportunity after receiving the notice of examining the Goods or Services and the Customer (if asked to do so by the Supplier) returns the Goods to the Supplier’s place of business at its own cost for an examination to take place there. 6.3 The Supplier shall not be liable for a breach of the warranty in condition 6.1 if: (a) The Customer makes any further use of the Goods after giving such notice; or (b) The defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (c) The Customer moves, alters or undertakes any works of installation or repair of such Goods without the Supplier’s written consent; or (d) The Customer fails to comply with its obligations as set out in the Installation and Maintenance Instructions. 6.4 Subject to condition 6.2 and condition 6.3, if any of the Goods or Services do not conform with the warranty in condition 6.1 the Supplier shall at its option repair or replace such Goods or Services (or the defective part). 6.5 If the Supplier complies with condition 6.4 it shall have no further liability for a breach of the warranty in condition 6.1 in respect of such Goods or Services. 6.6 If the Customer is a consumer that Customer’s statutory rights are not affected by these conditions. 7. Health & safety 7.1 The Supplier shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at the Customer’s premises and that have been communicated to it under condition 7.2(a), provided that it shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract. 7.2 The Customer shall (a) be responsible (at its own cost) for preparing and maintaining the relevant premises for the delivery of the Goods and the supply of the Services, including identifying, monitoring, removing and disposing of any hazardous materials from its premises in accordance with all applicable laws, before and during the supply of the Services at those premises, and informing the Supplier of all of the Customer’s obligations and actions under this condition 7.1; (b) Inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at the Customer’s premises; (c) Ensure that all Customers’ Equipment is in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant United Kingdom standards or requirements. 8. Customer’s obligations in relation to the Services 8.1 The Customer shall: (a) Co-operate with the Supplier in all matters relating to the delivery of the Goods and Services; (b) provide the Supplier, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, with access to the Customer’s premises, office accommodation, data and other facilities as set out in the Installation and Maintenance Instructions and as reasonably required by the Supplier; (c) Provide to the Supplier, in a timely manner, such Customer In-put and other information as the Supplier may require and ensure that it is accurate in all material respects; (d) Obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, (i) The installation of the Supplier’s Equipment: (ii) The use of Customer In-put: and (iii) The use of the Customer’s Equipment insofar as such licences, consents and legislation relate to the Customer’s business, premises, staff and equipment, in all cases before the date on which the Services are to start; (e) Promptly inspect and test the Goods and Services when notified by the Supplier that they are complete. 8.2 The Customer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to the Supplier confirming such costs, charges and losses to the Customer in writing. 8.3 Terms specific to Moulding sales. (a) The Customer shall pay the quoted cost of any tool specially bought or made for the purpose of the order, and no part of such payment shall be returnable. Such tools shall, unless otherwise agreed, remain in the possession of the Supplier who shall keep them in reasonable repair but may dispose of them if they have not been used for three years. (b) If the Supplier holds moulds/tools in respect of production for the customer, such moulds/tools will be fully insured by the customer. The Supplier shall not be required to carry any insurance in respect of such moulds/tools or for any consequential liability, which may arise therefrom. 9. Charges and payment 9.1 In consideration of the supply of the Goods and the Services by the Supplier, the Customer shall pay the charges as set out in the invoice 9.2 The Supplier shall be entitled to invoice for the Goods and Services on delivery of the Goods. 9.3 The total price for Goods and the Services shall be due to be paid in full and in cleared funds, to a bank account nominated in writing by the Supplier (without deduction or set-off) on the date of issue of the Supplier’s invoice unless credit terms have been agreed with the Customer. 9.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, the Supplier may: (a) Claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and/or (b) Claim interest on the overdue amount from the due date until payment at the rate of 5% over the base rate of the Bank of England (c) Suspend all Services until payment has been made in full; and/or (d) Suspend services or delivery of goods under any other contract with the Customer or any other member of its Group. 9.5 Time for payment shall be of the essence of the Contract. 9.6 All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision. This condition 9.6 is without prejudice to any right to claim for interest under the law, or any such right under the Contract. 9.7 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier (or any other member of its Group) against any liability of the Supplier (or any other member of its Group) to the Customer. 10. Property rights 10.1 The Supplier reserves ownership of and copyright in all drawings or specifications which it prepares in relation to the Services and may not be used to obtain estimates or quotations from our competitors without our permission. 10.2 The Customer shall ensure that it has secured permission before the Delivery Date from all relevant persons to the Supplier using free of charge the Documents in Customer In-put. 10.3 All materials, equipment and tools, drawings, specifications and data supplied by the Supplier to the Customer (including the Supplier’s Equipment) shall, at all times, be and remain as between the Supplier and the Customer the exclusive property of the Supplier, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier’s written instructions or authorisation. 11. Limitation of liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION 11.1 This condition 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of: (a) Any breach of the Contract including any deliberate breach of this Contract by the Supplier, or its employees, agents or subcontractors; (b) Any use made by the Customer of the Goods or Services or any part of them; and (c) Any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 11.3 Nothing in these Conditions limits or excludes the liability of the Supplier: (a) For death or personal injury resulting from negligence; or (b) For any other matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or (c) For fraud or fraudulent misrepresentation; (d) under section 2(3), Consumer Protection Act 1987; or (e) Under conditions implied by section 12 of the Sale of Goods Act 1979 or 11.4 Subject to condition 11.2 and condition 11.3 (a) The Supplier shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of contract or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. (b) The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Goods and Services. 12. Termination 12.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if: (a) the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or (b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) remove square bracket here is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or (c) The other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business. 12.2 On termination of the Contract for any reason: (a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt; (b) The Customer shall return all of the Goods and the Supplier’s Equipment. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and (c) The accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected. 13. Force majeure The Supplier shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. 14. Variation 14.1 The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. 14.2 Subject to condition 14.1, no variation of the Contract or these Conditions or of any of the Documents shall be valid unless it is in writing and signed by or on behalf of each of the parties. 15. Waiver 15.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. 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. 15.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law. 16. Severance If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected. 17. Entire agreement 17.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. 17.2 Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently). 17.3 Nothing in this condition shall limit or exclude any liability for fraud. 18. Assignment 18.1 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract. 18.2 The Supplier may at any time assign, transfer, charge, mortgage, subcontract, or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. 18.3 Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person. 19. No partnership or agency 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. No party shall have authority to act as agent for, or to bind, the other party in any way. 20. Rights of third parties A person who is not a party to the Contract shall not have any rights under or in connection with it. Save that any company in the same Group as The Supplier shall be entitled to perform any of the Supplier’s obligations and to enjoy its benefits under the Contract. 21. Notices 21.1 Any notice required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the person specified in the Customer’s purchase order or the Supplier’s quotation or acknowledgement of acceptance or as otherwise specified by the relevant party by notice in writing to the other party and shall be deemed to have been duly received if delivered personally, when left at that address or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second working day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. 21.2 This condition 21 shall not apply to the service of any in any proceedings or other documents in any legal action. 21.3 Communications in relation to the Contract may be given by email to the address specified in the Customer’s purchase order or the Supplier’s quotation or acknowledgement of acceptance save that any notice required to be given under the Contract shall not be validly served if sent by e-mail. 22. Governing law and jurisdiction 22.1 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, the law of England and Wales. 22.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims). 23. Right for a Consumer to cancel Contract (if concluded without meeting the Supplier) This clause only applies if the Supplier is dealing with the Customer as a consumer without meeting the Supplier or its representatives (i.e., mail order, online and telephone sales). 23.1 The Customer may cancel the Contract with the Supplier for the Goods. To cancel the Contract the Customer must notify the Supplier in writing at any time up to the end of the seventh working day from the date of delivery of the Goods. The Customer does not need to give any reason for cancelling nor will the Customer has to pay any penalty. 23.2 If the Customer has received the Goods before cancellation of the Contract then the Customer must send the Goods back to the Supplier at its contact address at the Customer’s own cost and risk. If the Customer cancels the Contract but the Supplier has already processed the Goods for delivery the Customer must not unpack the Goods when they are received by the Customer and the Customer must send the Goods back to the Supplier at its contact address at the Customer’s own cost and risk as soon as possible. 23.3 Once the Customer has notified the Supplier that the Customer is cancelling the Contract, any sum debited to the Supplier from the Customer’s credit card will be refunded to the Customer’s account as soon as possible and in any event within 30 days of the purchase order PROVIDED THAT the Goods in question are returned by the Customer and received by the Supplier in the condition they were in when delivered to the Customer. If the Customer does not return the Goods or does not pay the costs of delivery, the Supplier shall be entitled to deduct the direct costs of recovering the Goods from the amount to be refunded to the Customer. 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Information about us Tricel Composites Ltd are registered in the UK and we have our registered office at Unit 1 -4 Larchfield Road, Leeds, West Yorkshire, LS10 1QP Our VAT number is GB431061990 Changes to these terms We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.  Changes to our site We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions. Accessing our site Our site is made available to browse free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them. Your account and password 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. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sales@@tricelcomposites.co.uk Intellectual property rights We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. This includes, without limitation, in addition to any document in writing, any specification, drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form. All such rights are reserved. You may print off and download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial or other purposes without obtaining a written licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. In addition, if you use any part of the materials on our site without obtaining written a written licence to do so from us or our licensors, you may have committed an act or acts of copyright infringement, among other wrongful acts. No reliance on information The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date. Nothing on our site amounts to or should be treated as a contractual offer. Limitation of our liability Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

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  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Viruses We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. 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 our site will cease immediately. Linking to our site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy If you wish to make any use of content on our site other than that set out above, please contact sales@ie.tricel.eu Third party links to our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Acceptable use policy Prohibited uses You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Suspension and termination We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. Changes to the applicable use policy We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site. Applicable law These Terms and any dispute arising out of or in connection with these Terms or the legal relationship established by them shall be governed by, and construed in accordance with, the laws of Ireland, excluding any conflicts or choice of law rule or principle that might otherwise refer to the substantive law of another jurisdiction. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them. Contact us To contact us, please email sales@ie.tricel.eu Thank you for visiting our site.    

Have a question? Give us a call on +44 (0)1132 703 133 (GB) or +44 (0)2841 753 738