PUBLIC OFFER AGREEMENT
Buddy Kitchens
Urb. Lago Jardín 1, complejo Terracce 31
Torrevieja, Alicante, Spain 03186
info@buddykitchens.es
www.buddykitchens.es
1. GENERAL PROVISIONS
1.1. This document constitutes a public offer (hereinafter, the “Offer”) by Buddy Kitchens (hereinafter referred to as the “Contractor”) to any legal entity or individual (hereinafter, the “Customer”, and collectively, the “Parties”) to enter into a contract for the provision of services for interior renovation, bespoke furniture manufacturing and installation (hereinafter, the “Services”).
1.2. By accessing this Offer, the Customer acknowledges having read, understood, and accepted all of its terms. If the Customer disagrees with any part of this Offer, the Contractor advises refraining from using the Services.
1.3. The Agreement shall be deemed concluded when the Customer makes a payment for any part of the Services. Such payment shall be regarded as full and unconditional acceptance of the Offer.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor shall perform the Services in accordance with the scope and specifications set out in the individual Project documentation, which forms an integral part of this Agreement.
2.2. The Customer shall ensure the conditions necessary for the performance of the Services, accept the completed works, and make payments in accordance with the agreed terms.
3. TERMS OF SERVICE DELIVERY
3.1. The timeline and commencement of works shall be specified in the approved Project.
3.2. Delays in payment, information provision, third-party obligations or any other failure attributable to the Customer entitle the Contractor to unilaterally postpone all related deadlines without additional notice.
3.3. Delays caused by suppliers or other force majeure circumstances not attributable to the Contractor may lead to an extension of up to 15 working days with prior notice to the Customer.
4. PRICING AND PAYMENT TERMS
4.1. Prices shall be determined according to the final agreed Project.
4.2. A 60% prepayment is required prior to the start of production. The remaining amount is due according to the Project terms.
4.3. The Contractor may suspend performance until full or partial payments are received as agreed.
4.4. If the work cannot be completed due to the Customer’s fault, the Customer shall pay for all actual expenses incurred.
4.5. In the event of force majeure, the Customer shall reimburse the Contractor for any actual costs incurred.
4.6. Upon full payment, the Contractor shall provide applicable warranty services as detailed in the Project.
5. CONTRACTOR’S OBLIGATIONS
5.1. The Contractor shall prepare and submit the Project for Customer approval. Any amendments shall be agreed in writing before production.
5.2. The Contractor guarantees high-quality execution of the Services in accordance with this Agreement.
5.3. In the event the Contractor cannot fulfil its obligations, the prepayment shall be refunded within 10 days of cancellation.
5.4. Warranty shall be valid subject to proper use, in accordance with instructions in the Project.
5.5. The Contractor may engage subcontractors without requiring prior Customer consent, and assumes full responsibility for their performance.
5.6. The Contractor may suspend or delay works if Customer’s actions hinder performance.
5.7. The Customer acknowledges that noise, dust, material debris and odours may occur during the execution of Services.
6. CUSTOMER’S OBLIGATIONS
6.1. The Customer shall prepare the site and provide all necessary access and resources.
6.2. Delays in delivery of Customer’s own materials shall result in an additional delivery fee of €150.
6.3. Upon completion, the Customer must inspect and sign the acceptance certificate.
6.4. If any issues are identified, they must be noted in the acceptance certificate at the time of signing.
6.5. Late payment shall incur a penalty of 0.5% of the unpaid amount per day.
6.6. The Customer may not demand services or changes beyond the scope of the approved Project unless paid for separately.
7. LIABILITY
7.1. Both Parties shall be liable for breach of this Agreement in accordance with applicable laws.
7.2. Disputes shall be resolved amicably. If unresolved, they shall be referred to the competent court in Alicante, Spain.
8. VALIDITY OF THE OFFER
8.1. This Offer becomes effective upon receipt of the Customer’s first payment.
8.2. The Contractor may amend the Offer unilaterally. Updates take effect upon publication on the Contractor’s website.
8.3. Early termination is possible by mutual agreement. Financial settlements shall be formalised in an additional agreement.
9. ACCEPTANCE AND DELIVERY OF WORKS
9.1. Upon completion, both Parties shall sign a certificate of acceptance. The document may be sent via electronic means.
10. FORCE MAJEURE
10.1. Neither Party shall be liable for non-performance caused by events beyond their control, including but not limited to natural disasters, war, pandemics, governmental actions, or other force majeure events.
11. USE OF PROJECT PHOTOS AND VIDEOS
11.1. The Contractor reserves the right to photograph and record completed projects for promotional use, including but not limited to the company’s website, social media, advertisements, and printed materials.
11.2. This usage is based on the Customer’s implied consent and legitimate business interest.
11.3. The Customer may withdraw consent at any time by providing written notice prior to or during project execution. In such case, Buddy Kitchens undertakes not to use the related materials.