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Terms & Conditions
Sterling Media Management, L.L.C., is a Michigan limited liability company, doing business as Sterling Light Systems (hereinafter “Sterling”), with a primary business function of providing lighting fixtures and related supplies for both residential and commercial applications. The parties to all contracts, orders, and agreements of any kind with Sterling agree to be bound by the following terms and conditions, which are incorporated into such contracts, orders, and agreements:

1. Warranties. Sterling is a retail provider of lighting fixtures and retail supplies. Sterling is not involved in the engineering, design, or manufacture of the fixtures and supplies (hereinafter “Materials”). STERLING WAIVES ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND FOR THE MATERIALS THEMSELVES; INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT ALLOWED BY LAW, STERLING ASSIGNS AND EXTENDS ALL WARRANTIES PROVIDED BY THE MANUFACTURER OF THE MATERIALS TO THE PURCHASERS (CLIENTS OF STERLING).

2. Limit of Damages. In the event of defective Materials, Sterling shall be allowed 60 days in which to replace such defective goods after notice is provided in writing to Sterling with a detailed explanation of the nature of the defective Materials and verification by Sterling that such Materials are in fact defective. If Sterling is unable to replace Materials that are verified as defective, then Sterling shall refund the amount paid by purchasers for the defective goods and such refund shall be the sole obligation of Sterling as to damages to purchasers. Sterling shall not be responsible for any incidental, consequential, or any other type of damages claimed by purchasers in excess of the monies paid to Sterling for defective Materials.

3. Product Use and Title of Materials. Purchasers of Materials from Sterling agree to use such products safely and in compliance with all government laws and regulations; and in compliance with all manufacturer guidelines. The title to Materials provided by Sterling transfers to purchasers when such goods are shipped from the supplier. Sterling is not responsible to purchasers or third parties for injuries incurred in the use of Materials purchased.

4. Personal Guarantees. For non-public corporate entities, the persons ordering Materials from Sterling provide their personal guarantees in addition to any corporate obligations, jointly and severally if more than one, that all payments will be made timely. This includes orders made orally (by phone or in person), via facsimile, via email, text, or via any other method. Notwithstanding this section 4, Sterling may exclude the need for personal guarantees in a signed writing.

5. Remedies, Costs and Jurisdiction. If any purchaser of Materials fails to timely pay Sterling for goods received and Sterling brings a legal action, then if Sterling obtains a judgment against such purchaser, no matter how de minimis, the purchaser shall pay to Sterling all of its legal costs, including actual attorney fees incurred. The parties agree that all agreements of the parties shall be interpreted under Michigan law, with exclusive venue in Marquette County, Michigan.

6. Merger and Electronic Execution/Confirmation. The entire understanding of the parties is contained in the written purchase orders and these Terms and conditions. These Terms and Conditions can only be amended in a detailed writing signed by Sterling. All oral promises are void ab initio. If purchasers make requests by phone to Sterling and Sterling documents same in a confirmatory writing to purchasers (via facsimile, email, text, or any other method), then purchasers agree to be bound by the writing unless purchasers dispute same within three (3) days of receiving same and purchasers agree that such a confirmatory writing creates a valid contract of the parties.

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Terms & Conditions
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