1. Our quotes are open for acceptance for a period of three months, after which the quote may be withdrawn or revised without notice to the client.
2. If a client wishes to accept our quote, they must do so in writing or by making the deposit payment pursuant to clause six (see below). By accepting our quote, the client agrees to these Terms and Conditions of Business.
3. Any additional works carried out under verbal or written instructions are carried out on a work day basis at an appropriate rate. This is to be agreed between the client and Sandra Robinson Ltd before any additional works commence.
4. Any additional works that are outside of the original quote, whether negotiated via Sandra Robinson Kitchens & Bedrooms Ltd or direct with the fitter, are to be invoiced by the fitter and not by Sandra Robinson Kitchens & Bedrooms Ltd.
5. Any designs, specifications and/or illustrations prepared by us remain our intellectual property at all times and must not be duplicated, copied or otherwise used without our expressed written consent.
6. In the event that our designs, specifications and/or illustrations are duplicated, copied or otherwise used by the client or their agent(s) without our expressed written consent, we reserve the right to:
6.1. Charge the client for our time spent in preparing such designs, specifications and/or illustrations.
6.2. Initiate proceedings for breach of our intellectual property rights.
7. We require a deposit payment to be made, representing 70 percent of the quote for the materials to be supplied to the client before they are ordered. A further payment, representing 30 per cent of the quote for the materials to be supplied to the client, must be made upon the materials arriving in Guernsey, before we provide them to the client, or undertake any installation works.
8. Full payment of the quote must be made forthwith on satisfactory completion of the installation works. In the event of a disagreement between the client and Sandra Robinson Ltd regarding satisfactory completion, the parties agree to use their best endeavours to estimate a retention that will be held pending satisfactory completion. In this case, the client will pay us the sum due for the installation works, less the agreed retention. Upon satisfactory completion of the installation works, the retention will then be released to us.
9. Interest will be added to any overdue payments, which is to accrue on a daily basis. Neither disagreements arising under this contract, or factors outside of the client’s control, shall entitle the client to delay payment of monies owed to us in full or in part.
10. Any materials supplied by us remain our intellectual property at all times, until payment in full has been received in accordance with clause six (see above). The client shall do nothing inconsistent with or that challenges our intellectual property rights in such materials. Until the possession of such materials passes from us to the client, the client shall hold the materials as bailee for us and store or mark them so that they can at all times be identified as property of Sandra Robinson Kitchens & Bedrooms Ltd.
Limitation of Liability
11. All materials that are ordered are transmitted to us via road and by sea. Both the carriers we use are insured against loss arising from carriage of goods.
12. We are not liable for any loss of profits, distress, inconvenience, loss of use or other consequential loss as a result of breach of contract, duty or any other default by us and/or our agent(s), unless determined by arbitration or a court of competent jurisdiction.
13. Notwithstanding any relevant prescription period prescribed by law, any claim against us must be commenced within twelve months of any cause of action, or otherwise be time-barred.
14. We are not liable for any loss arising from the use of our designs, specifications and/or illustrations by any party other than Sandra Robinson Kitchens & Bedrooms Ltd, unless we have expressed written consent for that party to use such designs, specifications and/or illustrations.
15. We are not liable for any delays in the manufacturing or delivery process. All dates we provide to the client are estimates given in good faith. They do not constitute terms, conditions, warranties or representations of the contract between us.
16. We are not liable for any loss whatsoever exceeding the quote.
17. We are not liable for any loss arising from a force majeure, including but not limited to war, strike, embargo, government requirement, civil or military authority, act of nature or the public enemy, or act or omission of carriers.
18. It is the client’s responsibility to provide us with clear instructions as to their requirements.
Choice of Law and Arbitration
19. This contract is governed by and is construed in accordance with Guernsey law.
20. Any disagreement between the client and Sandra Robinson Ltd that arises from or in connection with the provision of services, shall at our election only be referred to arbitration by a member of the Channel Islands Branch of the Chartered Institute of Arbitrators, unless such reference is precluded by Guernsey law. This election will be made by notice in writing to that effect. We will give such binding notice once the disagreement has arisen or within 28 days of a written request by the client for us to make the election. If without making a request the client wishes to issue any legal proceedings against us in respect of any such disagreement, we may still elect for arbitration by notice to that effect. This will be given to the client within 28 days of service of the proceedings on Sandra Robinson Ltd, in which event the client will take no further steps in the proceedings, other than to procure their dismissal or stay.
21. Each paragraph, term or provision of these Terms and Conditions of Business constitutes an independent provision. If any paragraph, term or provision is determined by any court or authority to have competent jurisdiction to be void, illegal or unenforceable, the remaining paragraphs, terms and provisions will continue in full force and effect.
22. Sandra Robinson Kitchens and Bedrooms Limited abide by the General Protection Regulation and all relevant Data Protection laws.