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The following terms and conditions (these "Sales Terms") shall apply when Interra International LLC and/or any of its affiliates or subsidiaries ("Interra" or "Seller"), is selling goods ("Product") and/or services ("Services") to a buyer ("Buyer"), anywhere in the world.

  1. Binding Contract

    1. 1.1 Interra's acceptance of the order of the Buyer designated as such in Interra's Sale Confirmation is expressly made conditional on, and is limited to Buyer's assent to, the terms in the Sale Confirmation and these Sale Terms.

    2. 1.2 Interra's Sale Confirmation together with these Sale Terms constitute the valid, legally binding, and enforceable agreement of Seller and Buyer with respect to the subject matter of the Sale Confirmation (the "Contract"). Buyer shall be deemed to have assented, accepted, and agreed to these Sale Terms and any additional terms contained in the Sale Confirmation, and to have entered into the Contract, upon the earliest of (a) Buyer's signing and returning to Seller the acknowledgement copy of the Sale Confirmation; (b) delivery of any portion of the Product to Buyer pursuant to this Contract; or (c) Buyer's acknowledgment of the Sale Confirmation electronically on the Interra Trade Management System or by an equivalent electronic data interchange message.

    3. 1.3 Buyer must pay the price for the Product and take delivery of the Product as required by the Sale Confirmation and these Sale Terms.

    4. 1.4 With respect to any matter or issue related to the Contract which is not expressly provided for in the Sale Confirmation and these Sale Terms:

      1. a) Buyer will be bound by any usage to which Seller and Buyer have agreed, including any Trade Rules designated in the Sale Confirmation, and by any practices which they have established between themselves; and
      2. b) Seller and Buyer will be considered, for purposes of the Contract, to have impliedly made applicable to the Contract a usage which they knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts in the nature of the Contract and in the trade in which Seller is engaged.
  2. Seller Warranties

    Seller warrants that the Product will substantially conform, at the time of delivery to the first common carrier for delivery to Buyer, to the description of Product in the Sale Confirmation. ALL OTHER WARRANTIES, OTHER THAN THE WARRANTY IN THE FIRST SENTENCE OF THIS SECTION 2, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND EXCLUDED. Any claim for nonconformity must be submitted as provided in Section 5 of these Sale Terms.

  3. Buyer Warranties

    1. 3.1 Buyer is in compliance with all applicable U.S. laws, rules and regulations and applicable laws, rules, and regulations of each other nation or country having jurisdiction, including export control laws, import control laws, the Foreign Corrupt Practices Act, U.S.A. Patriot Act, Export Administration Act and Anti-Boycott Regulations, applicable to all aspects of the transaction described in the Contract, including rules and orders of the U.S. Department of Treasury, U.S. Department of Commerce and U.S Department.

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