1. Scope of application

These General Terms and Conditions shall govern the purchase of the services provided by A&K Improvement LLC, unless the specific terms of the corresponding quote, the acceptance of the order, or of the formalised contract provide otherwise, which shall include the specific terms and conditions for the provision of the services. No other terms and conditions other than the foregoing terms shall be applicable or of any legal effect whatsoever if not expressly accepted by A&K Improvement.

It shall be considered that these General Terms and Conditions have been notified to and accepted by the applicant and recipient of the service (hereinafter, the “Client”), as from the moment in time at which the applicant or recipient has been redirected to said General Terms and Conditions via the web page that include said General Terms and Conditions, or when a quote has been received thereby that attached said General Terms and Conditions. Furthermore, said General Terms and Conditions shall be deemed to have been notified and accepted, if the Client has previously received a copy thereof in the course of its commercial relationship with A&K Improvement. In any event, the formalisation of the order shall be considered to constitute express acceptance thereof by the Client.

2. Offers and Quotes

The validity of the quotes and offers shall be that of 30 days as from the date of issue thereof, unless any other period is established in the Specific Terms and Conditions thereof.

The quotes shall include the Specific Terms and Conditions, the method of payment and the delivery dates.

3. Prices

The prices set out in the quote shall be deemed to be subject to the payment terms and conditions set out in said quote. If said payment terms and conditions are modified, the prices shall be reviewed.

After the order has been accepted, the prices for the service shall be considered to be fixed prices and not subject to review. Notwithstanding the foregoing, the readjustment of the prices thereof shall be applicable when:

  • A price review has been agreed to between the Client and A&K Improvement.
  • The date of delivery or of acceptance has been delayed for reasons directly or indirectly attributable to the Client.
  • The scope of the service has been modified at the request of the Client.

4. Dates of Execution

The dates of execution of the service that are set out in the quote shall always be approximate dates and shall be subject to review in the following situations:

  • If a review of the delivery dates or the timetable for the execution of the services has been agreed to between the Client and A&K Improvement.
  • The date of delivery has been delayed for reasons directly or indirectly attributable to the Client.
  • The staff of A&K Improvement that are involved in the provision of the service shall notify the Client of any delays to the scheduled dates, if said delays may affect the conditions of the service.

5. Formalisation of orders and scope of the Service

The acceptance and processing of the order shall only be effective as from the moment in time at which the Client has confirmed the acceptance of the quote or has placed an order for a service, with the clearly established scope.

In the case that any discrepancies exist in relation to the scope of the service, between the quote issued by A&K Improvement and the order of the Client, the staff of A&K Improvement shall notify the Client thereof prior to the provision of the service, in order to carry out the necessary modifications so as to remove said discrepancies and so as to harmonise said criteria.

It shall be presumed that any person that acts in the name of the Client is the representative thereof and acts on behalf thereof, and has sufficient powers in order to act on behalf thereof, and accordingly any instructions received from said person shall be completely binding.

The modifications and/or variations of the scope of an order must always be notified to A&K Improvement in writing.

The provision of the service shall only and exclusively include that which is set out in the order. Any other Service, work or activity, that is not expressly included in the order of the Client and that is necessary, whether directly or indirectly for the execution of the contract, shall be for the cost and account of the Client.

6. Subcontracting

A&K Improvement may subcontract the services of any part of this contract in favour of any third party. Notwithstanding the foregoing, A&K Improvement shall remain totally liable for the quality and the execution date of the contracted services.

7. Payment Terms and Conditions

The payment terms and conditions shall be set out in the quotes.

In the case of any payment delay or default by the Client, the Client shall be required to pay to A&K Improvement, without the need for any formal request whatsoever and as from the stipulated payment date, penalty interest for the defaulted payment, pursuant to the terms of Act 3/2004, of 29 December, which established measures for the fight against payment default in commercial operations.

In the case that the Client delays or fails to effect the established payments, A&K Improvement may provisionally or definitively suspend, at its discretion, the execution of the established Services, without prejudice to the right thereto to require the Client to effect the defaulted payments and to claim, as the case may be, any additional compensation for any losses and damages incurred by A&K Improvement from the suspension of the execution of the services.

8. Applicable Law and Jurisdiction

The contract shall be governed by the legislation that corresponds to the registered office of A&K Improvement. The parties shall use their best endeavours to amicably resolve all of the issues that may arise as a result of the interpretation or performance of this contract. In the event that it was not possible to amicably resolve said issue, the parties hereby submit themselves to the jurisdiction of the Courts and Tribunals of Marbella, and expressly waive any rights to any other jurisdiction that may have otherwise been available thereto.

9. Liability

A&K Improvement’s liability for any damages shall be limited to the amount of the respective purchase order.

A&K Improvement shall not be held liable for any indirect, incidental, special or consequential damages, including without limitation, loss of profits, revenue, goodwill and similar remote damages incurred by A&K Improvement whether in a claim in contract or in tort, even if A&K Improvement has been advised in advance of the possibility of such damages.