Terms and Conditions of Sale

Effective Date: 20 February 2025

Important Notice: These Terms and Conditions govern all sales and installations carried out by Starline Install Ltd (“the Company”). Please read carefully. Nothing in these Terms affects your statutory rights under UK law.

1. General Application

1.1 These Terms apply to all contracts for the supply and installation of swimming pools by the Company.
1.2 Any variation must be agreed in writing (including by email) by an authorised representative of the Company.
1.3 By paying a deposit or placing an order, the customer confirms acceptance of these Terms.
1.4 These Terms prevail over any other terms, including those contained in purchase orders or other customer documents.

2. Scope of Supply

2.1 The Company supplies and installs Starline Monoblock pools.
2.2 Groundworks may be carried out by the Company or by the customer/third-party contractor, subject to these Terms.
2.3 Colours, finishes, and images shown in brochures, samples, or on the Company’s website are for illustration only. Minor variations in colour, shade, or finish do not constitute a defect.

3. Customer Groundworks – Liability & Compliance

3.1 Where groundworks are undertaken by the customer or their contractor, the customer warrants full compliance with the official Starline Monoblock Installation Guide and any written instructions provided by the Company.
3.2 The Company shall not be required to proceed with installation where, in its sole opinion, groundworks are inadequate, unsafe, or non-compliant. Any resulting delay or additional cost shall be borne by the customer.
3.3 The Company shall have no liability for any damage, defect, or failure arising from groundworks not performed by it. The manufacturer’s guarantee will not cover any defect caused by failure to follow the installation requirements. This does not affect the customer’s statutory rights.
3.4 Where the Company carries out the groundworks, the price assumes normal ground conditions. If the Company finds conditions it could not reasonably have identified at the site survey, including rock, a high water table, buried services, obstructions or contaminated ground, the Company will stop the affected work and give the customer a written price for the additional work. The additional work will be carried out once the customer accepts that price. If the customer does not accept within 10 working days, either party may end the installation part of the contract, and the customer must pay for the goods supplied, the work done and the Company’s reasonable costs of making the site safe.
3.5 Unless the quotation states otherwise, the customer is responsible for: obtaining any planning permission or other consents required; providing safe and suitable access for delivery vehicles and cranes, including any permits or neighbour permissions; informing the Company in writing before the order of any known underground services, drains or ground conditions; and providing water and electricity for the works. Reasonable disturbance to lawns, planting and driveways along the access route is unavoidable, and reinstatement is not included unless stated in the quotation.

4. Rectification Costs

4.1 Where issues arise from non-compliant groundworks, all inspection, call-out, and rectification costs will be payable by the customer.

5. Delivery, Risk and Title

5.1 Risk in the goods shall pass to the customer when the goods are delivered to site and come into the possession of the customer or a person nominated by the customer, regardless of whether installation is included. Delivery will not take place unless the advance payment due 10 working days prior to pool delivery has been received in full by the Company.
5.2 Title to the goods shall remain vested in the Company until full payment of all sums due. Until title passes, the Company may, on giving reasonable written notice, recover goods that have not been installed, with the customer’s consent or under a court order.
5.3 The customer shall hold the goods as bailee and keep them insured against all risks until title passes.
5.4 Delivery and installation dates are estimates only and time shall not be of the essence. The Company shall not be liable for delays caused by circumstances beyond its reasonable control, including supplier lead times. No delay entitles the customer to cancel or withhold payment, save where statutory rights apply.
5.5 The customer or their representative must inspect the goods on delivery and notify the Company in writing of any visible damage or shortage within 3 working days. This does not affect the statutory rights of consumers.

6. Pricing and Payment

6.1 Unless otherwise stated, prices are shown exclusive of VAT, and delivery is listed as a separate item. Each quotation shows the total price payable, including VAT and delivery. Any optional extras are shown separately on the quotation.
6.2 A deposit of 10% is payable upon order. Once the Company has placed the order for the pool with the manufacturer, the deposit is non-refundable, because the Company is then committed to the cost of the pool. If the customer cancels before the order has been placed, the Company will refund the deposit less its reasonable costs incurred. If the Company’s loss caused by a cancellation is greater than the deposit, including the cost of a pool already ordered or in production that cannot be cancelled or resold, the customer must pay the difference. If the Company cancels for a reason that is not the customer’s fault, the deposit will be refunded in full. This clause does not apply where the customer has a legal right to cancel.
6.3 Subject to Clauses 6.9 to 6.12, payment of the balance is due within 14 calendar days of invoice unless otherwise agreed in writing. Time for payment is of the essence. This excludes the payment prior to pool delivery, which must be paid 10 working days prior to delivery. If that payment is not made on time, delivery will be delayed and the customer must pay any additional charges actually charged to the Company by Starline (the manufacturer) and Baetsen (the logistics company) as a result.
6.4 The Company reserves the right to suspend delivery or installation and to withhold warranty support where payments are overdue.
6.5 The Company may charge interest on overdue sums at 3% per annum above the Bank of England base rate, accruing daily, until payment is made. For business customers, the Company may instead claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
6.6 The quoted price is based on the Company’s supply costs at the date of the quotation. Where those costs increase before the customer confirms the order — including changes to manufacturer or supplier prices, currency exchange rates, taxes, or import duties — the Company may revise the quoted price and will notify the customer before the order is confirmed.
6.7 Once an order is confirmed and the deposit paid, the price is fixed. However, if the Company’s supply costs rise by more than 5% due to circumstances beyond its reasonable control between order confirmation and delivery, the Company may pass on that increase. In that event the customer may either accept the revised price or cancel the affected part of the order and receive a refund of any sums paid for goods not yet supplied.
6.8 The customer shall be liable for all reasonable costs incurred by the Company in recovering overdue sums, including debt-collection and legal costs.
6.9 Where the order includes installation, a final payment of 10% of the total contract price is due on completion of the installation works. The Company will notify the customer in writing (including by email) when the works are complete and will issue the final invoice at that time.
6.10 The final payment must be received in cleared funds within 7 calendar days of the final invoice and, in any event, before handover. Time for payment is of the essence.
6.11 Handover will not take place until the final payment has been received in full. Once payment is received, the Company will contact the customer to arrange a handover date, at which the Company will provide all certificates, warranty documentation, operation and maintenance manuals, remote controls, keys for the automatic pool cover and any other handover items relating to the works. Until the final payment is received, the Company may withhold these items and warranty registration in accordance with Clause 6.4. This does not apply to safety instructions, or to the Building Regulations certificate for electrical work, which will be provided within the time required by law.
6.12 Minor snagging items that do not prevent the normal use of the pool will not delay the final payment, and will be put right by the Company within a reasonable time. A consumer may hold back a reasonable amount for a defect they have reported to the Company in writing until it is put right. If the customer begins using the pool before handover, the final payment becomes immediately due.

7. Cancellation & Consumer Rights

7.1 Statutory consumer cancellation rights shall apply only where required by law.
7.2 Where the customer has a legal right to cancel and has asked the Company to start work within the cancellation period, the customer must pay a proportionate amount for the work carried out up to the time they cancel, and the cost of returning the goods.
7.3 No cancellation rights apply to goods made to the customer’s specifications or clearly personalised.
7.4 This Clause does not affect statutory rights relating to faulty goods or services.
7.5 If the customer does not pay any sum due within 7 days of a written reminder, or the site is not ready for delivery within 3 weeks of the agreed delivery date, the Company may end the contract by giving written notice. In that case, Clause 6.2 will apply as if the customer had cancelled.

8. Warranty Conditions

8.1 Claims under the manufacturer’s guarantee are strictly subject to full compliance with all installation, operation, and maintenance requirements, and the customer must show that these requirements have been met. This does not apply where the customer is relying on their statutory rights.
8.2 The manufacturer’s guarantee does not cover call-out charges, labour, or associated costs, and any goodwill assistance is entirely at the Company’s discretion. Where the customer is entitled to a repair or replacement under their statutory rights, the Company will carry it out at its own cost.
8.3 Warranties shall not apply to defects caused by third-party works, misuse, negligence, lack of maintenance, or unauthorised alterations.
8.4 These warranty terms do not affect statutory rights under the Consumer Rights Act 2015.
8.5 The Company’s warranty reflects and passes through the manufacturer’s guarantee (Starline Guarantee Conditions G1902). Different components carry different guarantee periods, and some are provided on a reducing-cover basis, meaning the proportion of repair costs met under the guarantee decreases over time. This warranty does not affect the customer’s statutory rights under the Consumer Rights Act 2015.
8.6 The manufacturer’s guarantee is conditional. To keep the warranty valid, the customer must:
(a) have the pool serviced annually by the Company or another Starline-approved installer, including water analysis and equipment checks (annual maintenance is a requirement of the manufacturer’s structural cover);
(b) maintain the pool water within the manufacturer’s required parameters, including a pH between 7.0 and 7.8, chlorine not exceeding 3 ppm, and water kept in chemical balance;
(c) keep a working Starline Pool Control panel in place where required for the relevant cover; and
(d) report any defect to the Company in writing promptly, and in any event within 3 days of discovery, to allow the Company to notify the manufacturer within its required timescale.
Failure to meet these conditions may void the manufacturer’s guarantee and, to that extent, the Company’s warranty. Nothing in this clause affects the customer’s statutory rights.

8.7 The warranty does not cover defects or damage arising from: normal wear and tear; incorrect water chemistry or chemical imbalance; failure to maintain correct water levels, filtration, or winterisation; ground movement, subsidence, frost, or other environmental or climatic conditions; natural fading or variation of the gelcoat colour over time; or any use, alteration, or maintenance not carried out in accordance with the Company’s or manufacturer’s instructions. This does not affect the customer’s statutory rights in respect of goods that are not of satisfactory quality.
8.8 The manufacturer’s guarantee is issued to the Company as the approved installer and is not transferable. It does not automatically pass to a subsequent owner if the property is sold.

9. Limitation of Liability

9.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be excluded.
9.2 In respect of business customers, to the fullest extent permitted by law, the Company excludes all implied conditions, warranties, and terms.
9.3 Except for liability for faulty goods or their installation, which cannot be limited, the Company’s total liability to consumers shall not exceed the total contract price.
9.4 In respect of business customers, the Company shall not be liable for indirect or consequential losses, including (without limitation) loss of profits, revenue, contracts, or goodwill.
9.5 The aggregate liability of the Company to a business customer shall not exceed the total contract price.

10. Force Majeure

10.1 The Company shall not be liable for delays or failure caused by events outside its reasonable control, including but not limited to adverse weather, supplier delays, transport disruption, strikes, or acts of God. In addition, if the installation site is not fully prepared and ready for delivery on the agreed date, the Company may charge a holding charge of £45 per day for each day delivery is delayed as a result, plus any storage, re-delivery or crane charges actually charged to the Company.

11. Data Protection

11.1 The Company will process personal data in accordance with the UK GDPR and Data Protection Act 2018.
11.2 For details, please see our Privacy Policy available at www.starlineinstall.co.uk.

12. Dispute Resolution

12.1 In the event of any complaint or dispute, the customer shall first notify the Company in writing, and both parties shall use reasonable endeavours to resolve the matter promptly and amicably.
12.2 Nothing in this clause prevents the Company from commencing debt recovery proceedings in respect of unpaid invoices.

13. Severability

13.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law

14.1 These Terms are governed by English law.
14.2 Any disputes shall be resolved exclusively in the courts of England and Wales.