TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
• “Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
• “Goods” or “Materials” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods. “Seller” means NAIROBI REALNET INVESTMENTS (NRI) LIMITED.
• “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
• “Contract” means the contract for the purchase and sale of the Goods.
• “Writing” includes letter, email and comparable means of communication.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 PRICE AND PAYMENT TERMS
2.1 Prices in the price list are based on rates at the prevailing date of quotation. All prices quoted are valid for 7 days only or such lesser period as shall be stated by the Seller on the face of the relevant quotation or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
2.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture)or to any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
2.3 We accept Credit/Debit cards, M-PESA, direct transfer to our bank account and Cheques. We do NOT accept cash payments. All cheques or Banker’s draft must be made out in the Name: NAIROBI REALNET INVESTMENTS LIMITED.
2.4 The seller’s payment terms are Cash with Order (CWO). Payment will be regarded as having been made once the funds are reflected in seller’s bank accounts.
2.5 Notwithstanding the provisions of clause 2.4 above, a customer may, subject to a separate approval process, be granted installment payment terms, in which case, material will be delivered to the customer upon making the final payment within six (6) months in respect to material purchased.
2.6 All prices and any other charges are in Kenya Shillings and are inclusive of applicable Value Added Tax (VAT). The total payment made shall be inclusive of all applicable taxes and duties.
3 ORDERS AND SPECIFICATIONS
3.1 Please choose carefully as we don’t normally give refunds if you simply change your mind or make the wrong decision on size, gauge, colour or profile. The customer is responsible for the selection and specifications of goods.
3.2 Orders are subject to Formal order confirmation in writing by the Seller. It is the responsibility of the customer to ensure the correctness of the order as advised on order confirmation and failure to advice will be deemed shall be deemed to be an acceptance by the customer or the order as stated in the order confirmation.
3.3 Upon acceptance by seller orders shall not be subject to cancellation or any amendments by the customer.
3.4 Orders from customers paying in installments will be governed by the prices, transport rates and any other formally announced conditions available at the time the final installment is settled.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.6 Production will commence when the requisite amount of deposit has been paid. Production for payments done by cheque, banker’s cheques or direct transfer will only be made after we have received confirmation of the receipt from our Bank(s).
3.7 Colours reproduced here may vary and may not be the exact replica to the metal samples.
4 WARRANTIES AND LIABILITY
4.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification subject to such tolerances as are reasonable and as are normally accepted in the trade and will be free from defects in material and workmanship at the time of delivery.
4.2 The above warranty is given by the Seller subject to the following conditions:
4.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer:
4.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, workmanship or fitness of the materials for any particular purpose.
4.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
4.2.4 the above warranty does not extend to Goods not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
5 DELIVERY AND SHIPPING TERMS.
5.1 The buyer shall provide the exact delivery address and telephone number. Incorrect information may cause a delay in processing your purchases. The buyer is requested to note the Sales Staff name and the date of orders placed / purchase for any future query.
5.2 The Seller cannot be responsible for any late delivery or failure to deliver due to circumstances beyond its reasonable control. The buyer will need to advise the Seller of any changes in delivery instructions or circumstances.
5.3 The Seller shall deliver the materials at the delivery charges determined by the Seller from time to time, unless expressly agreed in writing prior to placing the order.
5.4 All deliveries are free for any total purchase per order exceeding KES.100,000.00. A transport charge will apply for deliveries of goods below this value. If the order does not meet the minimum limit, the customer will be required to self collect at a discount or cost share in NRI’s express delivery program. Free transport applies to custom mabati not exceeding 6.0 metres in length.
5.5 Note that the duty of the Seller’s transport contractor and/or driver shall be limited to the delivery of materials to the customer at the customer’s premises or designated location and shall under no circumstances be responsible for, or obliged to do physical offloading of the materials from the motor vehicle. This remains the responsibility of the customer and/or the customer’s employees and/or agents.
5.6 At the time of delivery, the buyer or their representative will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. We will assume that anyone at the delivery address who receives the goods is authorized to receive them and provide the acknowledgement.
5.7 Whenever the Seller is ready to deliver the materials and informs the customer that it is ready to deliver the materials or proceeds to deliver the materials, and the customer delays, fails, refuses, or neglects to accept delivery, or is not available to accept delivery or frustrate the delivery of the materials them delivery shall be deemed to have taken place on the earlier date when the seller informs the customer that it is ready to deliver the materials or on the date the truck is refused entry into, or is otherwise impeded from entering the customer’s premises, or the designated delivery point if applicable.
5.8 Delivery dates and lead times are estimates only and subject to change due to unforeseen circumstances. Unless otherwise expressly agreed, delivery timelines shall not be regarded as binding and delays in delivery shall not entitle customers to claim any damages resulting there from.
5.9 Claims in respect of shortages shall be made in writing, immediately upon receipt of the consignment in respect of which shortage is alleged. No such claims shall be entertained if lodged after the delivery of the consignment.
5.10 Deliveries when using third party transport an official communication is required from the customer indicating the driver name, ID and vehicle registration number collecting the goods.
5.11 The risk in the Products passes to the Customer when the Products are collected by or received by the Customer or their appointed agent.
NRI reserves the right to vary these Terms and Conditions. No such variation shall have retroactive application.
7 FORCE MAJEURE.
The Seller shall not be liable or responsible to Buyer/Customer, nor be deemed to have defaulted or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8 ENTIRE AGREEMENT AND VARIATION
These General Terms and Conditions constitute the entire agreement between customer/buyer and the Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof. No amendment or variation of any of the provisions of this general Terms and Conditions of sale shall be of any force or effect unless reduced to writing and signed by Seller’s Director.
KARIBU KIWANDANI, EMBAKASI,
AIRPORT NORTH ROAD.
At Mabati YETU Factory we’d love to hear from you should you have any questions, requests, inquiries or comments. your satisfaction is important to us. We’re here to help.