TERMS & CONDITIONS
1. Definitions
Robert Dunn refers to Robert Dunn, acting as an independent OS&E sourcing specialist and facilitator providing the Product Ideas and Sourcing Services described on this Website.
Website refers to the websites operated by Robert Dunn, including robertdunn.eu.
Enquirer refers to a person or organisation requesting sourcing assistance, including a hotel owner, operator, developer, specifier, purchasing organisation, buyer, project manager or other organisation involved in a project.
Client refers to an Enquirer who engages Robert Dunn for Sourcing Services.
Supplier refers to any manufacturer, distributor, agent or other third-party supplier of products or services considered in connection with a Client’s project.
Product Ideas refers to hospitality products presented on the Website for general reference, inspiration and potential consideration.
Wishlist refers to the Website feature that allows products of interest to be saved for potential consideration during a project. Wishlist products are intended for moodboard and general project consideration only and do not constitute an order, quotation request or contractual commitment.
Sourcing Services refers to the product and Supplier sourcing services provided by Robert Dunn in accordance with an agreed scope of work.
2. Sourcing Services
Robert Dunn provides independent OS&E product and Supplier sourcing assistance to Clients.
Depending on the agreed scope, the Sourcing Services may include:
- Product research and identification
- Supplier identification
- Sourcing enquiries
- Requests for quotations
- Product comparisons
- Communication and liaison with Suppliers
- Other agreed sourcing assistance
The specific scope of Services, together with any applicable fees, will be agreed with the Client for each assignment.
Further information about the sourcing approach is provided on the Sourcing Principles page.
3. Client Responsibilities
The Client is responsible for:
- providing accurate and sufficient project information and requirements;
- reviewing products and Supplier information provided;
- determining the suitability of products and Suppliers for the project;
- carrying out appropriate technical, legal, financial and commercial due diligence;
- verifying specifications, certifications, compliance and other relevant requirements;
- agreeing final prices, commercial terms and contractual conditions with Suppliers;
- placing purchase orders directly with Suppliers; and
- making payments directly to Suppliers.
The Client remains responsible for the final selection and purchase of products and Suppliers.
4. Suppliers and Purchase Contracts
Suppliers are independent third parties.
Robert Dunn does not manufacture, sell, distribute or supply the products identified through the Sourcing Services.
Any quotation, purchase order, contract, payment, warranty or other commercial arrangement relating to products or services is made directly between the Client and the relevant Supplier, unless expressly agreed otherwise in writing.
The Supplier is responsible for fulfilling its contractual obligations to the Client.
5. Product and Supplier Information
Product and Supplier information may be obtained from Suppliers, manufacturers, distributors, websites, catalogues and other sources.
Information may change without notice.
Robert Dunn takes reasonable care when researching and presenting information but does not guarantee that information supplied by third parties is complete, accurate, current or error-free.
The Client is responsible for independently verifying information before making purchasing or project decisions.
The inclusion of a product or Supplier on the Website or in sourcing information does not constitute a guarantee, certification, approval, recommendation or endorsement.
6. Quotations, Pricing and Availability
Where Robert Dunn assists with obtaining quotations, quotations are provided for the Client’s consideration.
Prices, availability, lead times, currency, freight, duties, taxes and other commercial conditions may change and should be confirmed directly with the Supplier before an order is placed.
Unless expressly agreed otherwise in writing, Robert Dunn does not guarantee the validity of a Supplier quotation, product availability or delivery period.
The Client is responsible for agreeing final prices and commercial terms directly with the Supplier.
7. Fees and Payment
Sourcing Services are normally provided on a commission basis. The applicable commission will depend on the scope and nature of the assignment and will be agreed with the Client before the relevant Services are undertaken.
Additional work outside the agreed scope may be subject to an additional fee or commission, which will be agreed before that work is undertaken where reasonably practicable.
Unless expressly agreed otherwise, all purchases and payments for products or services are made directly by the Client to the relevant Supplier.
8. Project Information and Documents
Information, product lists, comparisons, schedules and other materials prepared as part of the Sourcing Services are intended to assist the Client in its sourcing and procurement process.
Unless expressly agreed otherwise in writing, such materials are indicative and should be reviewed and validated by the Client before being used for purchasing or project decisions.
Formal procurement reports, budgets and project documentation are not currently included within the standard Sourcing Services unless specifically agreed in writing.
9. Intellectual Property and Website Content
Unless otherwise stated, original content created or owned by Robert Dunn, including text, databases, OS&E master lists, product lists, schedules, documents, templates, reports, Website content and other original materials, remains the intellectual property of Robert Dunn.
Materials provided specifically for a Client project may be used by that Client for its internal project and procurement purposes.
They may not be reproduced, resold, distributed, published, sublicensed or commercially exploited without prior written permission, except where permitted by law.
Product names, trademarks, logos and other intellectual property appearing on the Website belong to their respective owners and are used for identification and reference purposes only.
10. Confidentiality
Information provided by a Client in connection with a project will be treated as confidential where the nature of the information reasonably requires confidentiality.
Clients should identify particularly sensitive or confidential information when providing it.
Confidentiality obligations do not apply to information that:
- is already publicly available;
- was lawfully obtained from another source; or
- is required to be disclosed by law or by a competent authority.
11. Limitation of Responsibility
Robert Dunn will provide the Sourcing Services with reasonable care and skill.
However, Robert Dunn does not guarantee that a particular product or Supplier will be suitable for a particular project, or that a product will remain available at a quoted price or within a stated delivery period.
Robert Dunn is not responsible for the acts, omissions, products, services, delays, failures or contractual conduct of third-party Suppliers.
Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited.
Further information concerning responsibilities and limitations is provided on the Key Information page.
12. Service Changes and Termination
Either party may terminate an agreed Sourcing Service in accordance with the terms agreed for the relevant assignment.
Fees for Services already completed, or costs or commitments properly incurred before termination, remain payable where applicable.
Robert Dunn may decline or discontinue Services where a project, product or Supplier presents a conflict of interest, unacceptable risk or other reasonable concern.
13. Third-Party Websites and Links
The Website may contain links to Supplier websites and other third-party websites.
These links are provided for convenience and information only.
Robert Dunn does not control and is not responsible for the content, availability, products, services, privacy policies or other practices of third-party websites.
14. Related Information
The following pages provide additional information relating to the Services:
Sourcing Principles
Explains the principles and considerations applied when identifying products and Suppliers.
Supplier Qualification
Provides information concerning Supplier criteria and the Supplier pre-qualification process.
Supplier Qualification information:
https://robertdunn.eu/#supplierqualification
Key Information
Provides important information concerning the roles and responsibilities of Enquirers, Ordering Parties and Suppliers, together with further service limitations.
RFQ Terms
Provides terms applicable to Requests for Quotation where relevant.
These pages may be updated from time to time to reflect changes to the Services or sourcing process.
15. Governing Law
These Terms and any contractual relationship arising from the Sourcing Services shall be subject to the governing law and jurisdiction agreed with the Client in the applicable service agreement.
Where no separate written agreement has been made, the applicable legal position will be determined in accordance with the relevant mandatory laws.
16. Acceptance and Order of Precedence
By engaging Robert Dunn for Sourcing Services, the Client acknowledges that it has had the opportunity to review these Terms & Conditions.
Where a separate written proposal, quotation, service agreement or other written terms are issued for a particular project, the specific terms agreed for that project will apply to the extent they differ from these general Terms & Conditions.
Where expressly stated, the project-specific terms will take precedence over these general Terms & Conditions.
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