Terms and Conditions

Definitions:

“The Company” – Referring to: Sterling Home Improvements.

registered office: Rookery View, Long Breech, Mawsley, Northamptonshire NN14 1TR.

“The Customer” – Referring to: The person, or company with whom or which the company contracts.

“The goods” – Referring to: The goods (including instalment of goods or
of any parts) which the Company may supply in accordance with these Conditions.

“The special order” – Referring to: The order of any Goods not listed in
the Company’s standard literature/pricelist, these copies are available on request.

“The Contract” – Referring to: An order of Goods by the Customer that is accepted by the Company.

“The Conditions” – Referring to: The standard terms and conditions of business set out in this document which includes any special terms and conditions agreed in writing between the Company and the Customer.

General synopsis:

The Company shall sell and the Customer shall purchase the goods in accordance with any written

quotation of the Company which is accepted by the Customer or any written order of the Customer

which is accepted by the Company. The placing by the customer of any order, written or oral, whether or

not any quotation may have been submitted shall constitute an offer by the Customer. The Contract shall

have not to be taken to have come into existence unless and until the Company shall have accepted the Customer’s order in writing. Acceptance by the Customer shall be deemed to include acceptance of these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to

which any such quotation is accepted or purported to be accepted, or any such order is made or

purported to be made, by or on behalf of the Customer.

No variation to these Conditions shall be binding unless agreed in writing between the Company and the Customer.

Quotations are valid for 30 days after such quotations are supplied to the Customer.

The Company reserves the right to withdraw a product line or amend specifications without any liability on the part of the Company.

The Company reserves the right to amend the prices listed within its published price book/catalogue/website without any liability on the part of the Company.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list,

acceptance of offer, invoice or other document of information issued by the Company shall be

subject to correction without the liability on the part of the Company.

All specifications given by the Company to the Customer are approximate and intended as a guide only.

The Company does not accept responsibility for any preparation work based on such specifications.

Any advice or recommendation given by the Company or its employees or agents to the Customer or

it’s employees or agents as to the storage, application or use of the Goods which is not confirmed in writing

by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the

Company shall not be liable for any such advice or recommendation which is not so confirmed.

The Customer shall be deemed to have expressly represented and warranted immediately prior to the

Contract being made that the Customer is not insolvent and has not committed or been subject to

any act of insolvency and the Company would not have entered into the contract but for this

representation and warranty.

Payment:

Where no account has been agreed with the Customer, any balance owing to the Company is due in

accordance with the Company’s Payment Schedule. The last payment is due on the actual day of

completion of the works.

Where an account has been agreed, the Company in its absolute discretion may set and alter the

Customer’s credit limit and the Company reserves the right not to deliver the Goods if the price thereof

increases the amount owed by the Customer to the Company beyond the Customer’s credit limit.

Unless otherwise agreed in writing by a director of the Company, Trade accounts are due for payment

on the last day of the trading month following delivery.

If the Customer fails to make payment on the due date, then, without prejudice to any other right or

remedy available to the Company, the Company shall be entitled to:

Cancel the Contract or suspend any further deliveries to the Customer.
Appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any

other Contract between the Customer and the Company) as the Company may think fit (not withstanding

any purported appropriation by the Customer): and charge the customer interest (both before and after

any judgements) on the amount unpaid, at the rate of 4% per annum above Bank of England base rate

from time to time until payment in full is made (a part of month being treated as a full month for the

purpose of calculating interest).

If the Customer commits or becomes subject to any act of insolvency or if the Company in its absolute

discretion considers the Customer’s credit status to be unsatisfactory, then, without prejudice to any other

right or remedy available to the Company, the Company shall be entitled to cancel the Contract or

suspend any further deliveries under the Contract without any further liability to the Customer and if the

Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.

Property and Risk:

Risk of damage to or loss of the Goods shall pass to the Customer:

In the case of goods to be delivered at the Company’s premises, at the time when the Company notifies

the Customer that the Goods are available for collection; or

In the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or,

if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered

delivery of the Goods.

The property in the Goods shall not pass to the Customer until the Company has received in cash or

cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by

the Company to the Customer for which payment is then due.

Until such time as the property in the Goods passes to the Customer the Customer shall hold the goods as

the Company’s fiduciary agent, and shall keep the Goods separate from those of the Customer and third

parties and properly stored, protected and insured and identified as the Company’s property. Until that time

the Customer shall be entitled to resell or use the Goods in the ordinary course of it’s business, but shall

account to the Company for the proceeds of sale or otherwise of the Goods, tangible or intangible,

including insurance proceeds, and shall keep such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.


Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in

existence and have not been resold), the Company shall be entitled at any time to require the

Customer to deliver up the Goods to the Company and, if the Customer fails to do so fortwith, the

Company and its servants and agents are hereby irrevocably authorised without the need for consent

of any third party to enter upon the premises of the Customer or any third party where the Goods are

stored and repossess the Goods.

The Customer shall not be entitled to pledge or in any way charge by way of security for any

indebtedness any of the Goods which remain the property of the Company, but if the Customer does

so all the monies owing by the Customer to the Company shall (without prejudice to any other right or

remedy of the Company) forthwith become due and payable.

Delivery:

Any dates quoted for delivery for all or any of the Goods are approximate only and the Company shall

not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be the

essence unless previously agreed by the Company in writing

The Company may deliver the Goods in instalments, and each delivery shall constitute a separate

Contract and failure by the Company to deliver any one or more of the instalments in accordance with

these conditions shall not entitle the Customer to treat the Contract as a whole repudiated.

Notification of short delivery (part missing) or damage in transit must be made in writing to the

Company within three days of the receipt of the Goods.

The Company shall not be liable for any default due to any act of God, war, strike, lockout, industrial action,

fire, flood, drought, storm or other event beyond the reasonable control of the Company.

Warranty:

The installation service is covered by a 1 year guarantee commencing on the date of completion of the service.

 In the event of faulty workmanship within 2 years of the date of installation, the Company will arrange to correct the problem free of charge. The guarantee applies only to the installation service provided by the Company and not to faults or defects with units, appliances, or other equipment not supplied by the Company.

Any claim in respect of faulty installation expressly excludes joints or connections. Any claim in respect

of either joints or connections must be made within 3 months of completions of all works.


In the very unlikely event that you should find goods to be defective on delivery, in respect of materials

or workmanship only, you need to notify us in writing within 3 days of receipt. We will investigate and

examine the goods and address the problem at our discretion.

We reserve the right to charge for the expense of a service call when no fault has been found with the product after we have inspected it.

We will not be liable for any goods which have been repaired or altered in any way

7. Cancellation:

Cancellation of the Customer’s order will not be accepted by the Company following delivery of the Goods

The Company will not accept cancellation of any Special Orders.

In the event that any orders of Goods are cancelled prior to delivery, the Company will administer a

restocking charge of 6% of the invoice price of the cancelled Goods.

8. Legal Construction:

8.1 If any provisions of the Conditions is held by any competent authority to be invalid or unenforceable in

whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected.

8.2 This Contract shall be construed in accordance with English Law and shall be subject to the

jurisdiction of the English Courts.