Terms of service

These terms govern the use of flarmor.com and the sale of goods by FLARMOR L.L.C., a Delaware limited liability company (“FLARMOR”, “we”, “us”). By using this site or placing an order you accept them.

1. We sell to the trade

FLARMOR supplies landscape and ground cover fabric to businesses: landscape contractors, nurseries, growers, distributors and resellers. Goods are sold for business use and for resale. Minimum order is ten rolls.

If you are buying as a consumer rather than for a business, nothing in these terms limits rights you have under law that cannot be limited by agreement.

2. How an order is formed

Material on this site, including sizes, coverage figures and specifications, is an invitation to enquire. It is not an offer to sell at a stated price.

The sequence is: you send a requirement, we issue a written quote, you place an order against it, and we confirm in writing. Our written order acknowledgement is what forms the contract, and these terms apply to it.

Where your purchase order carries its own printed terms, they do not apply unless we have accepted them in writing and signed. This is not a formality: it is how two sets of standard terms are prevented from contradicting each other in the middle of a shipment.

3. Quotes, prices and freight

• A quote holds for the period stated on it. Freight markets and mill prices move; an expired quote is re-quoted rather than honoured by default.
• Unless the quote says otherwise, prices exclude freight and exclude sales and other taxes.
• Freight is quoted to your delivery point before you commit. Terms are on our Shipping and delivery policy, which forms part of these terms.

4. Payment

Payment terms are set per account and stated on your quote and invoice. First orders are paid on confirmation; net terms are available to established accounts. Overdue balances carry interest at 1.5% per month and further shipments may be held until the account is current. The detail is on our Payment terms page, which forms part of these terms.

Title to goods passes only when they are paid for in full. Risk passes as set out in the Shipping and delivery policy.

5. Specification and what we warrant

We warrant that the material supplied conforms to the specification it was sold to, and that the mill test data issued with the production lot relates to that lot.

Weights, widths and lengths are nominal and subject to the normal manufacturing tolerance of the mill, as reflected in the lot test data. Polypropylene fabric is made on a continuous line; it is not cut to laboratory tolerance and is not sold as such.

If material does not conform, our obligation is to replace it or credit it, on the terms of our Returns and claims policy, which forms part of these terms. That is the remedy, and it is given instead of any other warranty, express or implied, including implied warranties of merchantability and of fitness for a particular purpose, to the extent the law allows them to be excluded.

6. Suitability is yours to judge

We supply a material to a published specification. Whether that material suits your application is your decision. Ground conditions, traffic, exposure, installation method, overlap and what is laid on top of the fabric all affect how it performs, and none of them are within our control or knowledge.

We hold no veterinary, sanitary, food-contact or fire certification for this material and we do not represent that it meets any standard we have not put in writing. If your operation, your integrator or your specifier requires a certification, tell us which one before you order and we will tell you plainly whether we can meet it.

Samples are supplied so you can judge for yourself. We recommend you use them.

7. Claims

Claims for shortage or damage in transit must be noted on the delivery receipt before signing and reported within the windows set out in Shipping and delivery. Claims that material does not conform to specification must be made before the material is installed, with the lot number and the invoice number.

Material that has been installed, cut or altered is accepted as conforming, except for a defect that could not reasonably have been found on inspection.

8. Limitation of liability

Our total liability arising out of or relating to any order is limited to the price paid for the goods giving rise to the claim.

We are not liable for indirect or consequential loss, including loss of profit, loss of contract, cost of removing or reinstalling material, labour, plant hire, site delay or damage to other materials. Ground cover fabric is a low-value input to work whose cost is many times the cost of the fabric, and we price it accordingly.

Nothing here excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud.

9. Cancellation and returns

Before goods are released to the carrier, tell us and we will do what we can. Once freight is tendered, a cancellation is treated as a return under the Returns and claims policy, including the restocking charge stated there. Custom and private-label material cannot be cancelled once production has started.

10. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control. For a business that imports by sea container this is not a boilerplate list: it includes mill shutdown, port and terminal congestion, carrier failure, container shortage, customs action, changes in tariffs or duties, extreme weather and labour action. Where such an event affects an order we will tell you promptly and agree a revised date, or cancel the affected part of the order and refund what has been paid for it.

11. Confidentiality

Quotes, price lists and account-specific terms are confidential to you and are not to be shared outside your organisation. We treat your requirements, volumes and delivery points the same way.

12. Intellectual property

FLARMOR is a registered trademark. The content of this site, including photographs, specifications and coverage tables, belongs to FLARMOR L.L.C. Buying goods from us does not give you a licence to use our name or marks in your own marketing without our written agreement, and reselling our goods does not by itself make you an authorised distributor or agent.

13. Using this site

Do not use this site unlawfully, attempt to interfere with it, or scrape, crawl or copy it systematically. We may refuse service, close accounts or cancel orders where we reasonably believe these terms have been breached.

We work to keep specifications, coverage figures and availability accurate, and we correct errors when we find them. An obvious error in a price or figure does not bind us, and we will tell you before acting on an order affected by one.

14. Compliance

You are responsible for complying with the law that applies to your use and resale of the goods, including any labelling, permitting or export requirement in your market.

15. General

• Entire agreement. Our quote, our written order acknowledgement, these terms and the Shipping, Payment and Returns policies referenced in them are the whole agreement between us on an order.
• No waiver. If we do not enforce a term on one occasion, we keep the right to enforce it later.
• Severability. If a provision is held unenforceable, the rest stands.
• Assignment. You may not assign an order without our written agreement. We may subcontract warehousing and freight, and do.
• Notices. Written notice means email to sale@flarmor.com, or post to the address below.

16. Governing law and venue

These terms and any contract formed under them are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to these terms, and both parties submit to that jurisdiction.

17. Changes

We may update these terms. The version in force for an order is the version published when we issue the order acknowledgement for it.

18. Contact

FLARMOR L.L.C.
1401 Pennsylvania Ave, Ste 105, Box 1786
Wilmington, DE 19806
United States

sale@flarmor.com · +1 804 461 3495