Hi there, we’re Kenvo Exporters, and welcome to our terms and conditions, which also apply to our company platforms.
When we say ‘we,’ “us,”’ or ‘Kenvo Exporters’ it’s because that’s who we are and we own and run the company.
GENERAL
- These conditions apply to all offers by and all orders to Kenvo Exporters for the sale and delivery of goods & services and all agreements with Kenvo Exporters with respect thereto.
- The applicability of conditions of the other party or customer is hereby expressly excluded.
- Provisions that deviate from these conditions may only be invoked by the customer if and to the extent that Kenvo Exporters accept these provisions in writing.
OFFERS, ORDERS, AND AGREEMENTS
- All offers by Kenvo Exporters are non-binding.
- Orders and acceptance of offers by the customer are irrevocable.
- Only after accepting a written offer or starting implementation are Kenvo Exporters legally obligated to comply with the terms of the written offer. Any verbal agreements made by or with personnel are not legally binding on Kenvo Exporters unless they are formalized in writing.
- These conditions apply to changes to the agreement and separation agreements.
PRICE
- Prices set by or agreed to with Kenvo Exporters are net (exclusive of VAT) and only apply to delivery of unpacked goods from cold storage or warehouse.
- Without having expressly negotiated a price for the service, Kenvo Exporters reserves the right to charge actual costs or going rates for any packing, boxing, loading, transportation, unloading, or insurance provided.
- Prices set by or agreed with Kenvo Exporters are based on cost price at the time of signing the agreement and may be increased corresponding to a later increase in the cost price due to government regulations or changes in the exchange rate, for example.
DELIVERY PERIOD AND DELIVERY
- The delivery period starts after signing the agreement, receipt of all items, documents, and data from the customer, and receipt of any agreed advance payment or security for payment.
- Unless otherwise agreed, goods are deemed delivered as soon as they leave cold storage or warehouse indicated by Kenvo Exporters for the customer’s benefit.
- The customer is not entitled to further compensation or replacement for damages or failure if the delivery is not made within the delivery window. If Kenvo Exporters does not deliver within the acceptable time frame specified in writing, they may, however, terminate the agreement.
- Delivery periods are extended by force majeure or delay in the customer fulfilling any obligation.
- Kenvo Exporters has the right to deliver in parts, with each partial delivery deemed an independent delivery.
RISK AND TRANSFER OF TITLE
- Loading, dispatch, transport, unloading, and insurance of goods to be delivered are at the customer’s risk, even if handled by Kenvo Exporters.
- Until the customer has paid all amounts due under the agreement and/or prior or subsequent agreements of a similar character, including losses, costs, and interest, Kenvo Exporters retains ownership of the goods it has supplied. Regarding these commodities, the customer has no right to retain ownership.
FORCE MAJEURE
If events beyond Kenvo Exporters' control prevent or obstruct the agreement's implementation, Kenvo Exporters may cite force majeure.
- In the event of force majeure, Kenvo Exporters’ obligations are suspended.
- Both Kenvo Exporters and the client may terminate the agreement's infeasible sections if the force majeure lasts for more than two months.
WARRANTY, CLAIMS, AND LIABILITY
The customer must submit claims for non-compliant goods in writing within 24 hours (for unfrozen goods) or 72 hours (for frozen goods) of delivery.
Opportunity For Inspection
If a claim is made, Kenvo Exporters must be allowed to inspect the goods to assess their quality.
Lapse Of Warranty
The warranty is voided if:
- The customer improperly stored or processed the goods.
- The customer failed to fulfill their obligations under the agreement.
Resolution Of Legitimate Claims
If a legitimate, timely claim is submitted, Kenvo Exporters will redeliver at no cost or credit the customer for the goods in question.
LIMITATION OF LIABILITY
Kenvo Exporters’ liability for goods’ defects is limited to the warranty outlined in the previous article.
Exclusions
Kenvo Exporters is not liable for substitute or additional damages unless the actions are intentional or grossly negligent. Liability for loss of profits and indirect or consequential damages is excluded.
Damages Cap
Any damages payable by Kenvo Exporters will not exceed either the invoice value of the goods or the amount paid by the insurer.
Claims Deadline
Complaints against Kenvo Exporters must be filed within a year of when the claim first arose.
Defense for Employees and Independent Contractors
Kenvo Exporters’ employees and independent contractors may invoke defense mechanisms as if they were parties to the agreement.
INDEMNIFICATION BY CUSTOMER
The customer must indemnify Kenvo Exporters, its employees, and independent contractors for claims by third parties that exceed Kenvo Exporters’ owed amount.
PAYMENT AND SECURITY
Payment Terms
Kenvo Exporters may request advance payment or security, but payment must be made within thirty days of the invoicing or shipping date.
Relinquishment of the Right to Dispute Amounts
The customer forfeits the right to dispute amounts owed between the parties.
Default and Interest
The customer defaults if payment is not made on time and owes late interest. The customer will bear all recovery costs for claims against the customer.
RESCISSION
Kenvo Exporters may terminate the agreement if the customer:
- Fails to fulfill obligations.
- Is declared bankrupt.
- Requests a moratorium.
- Proceeds with the liquidation of their business.
- Has assets attached.
DISPUTES AND APPLICABLE LAW
- Unless Kenvo Exporters prefers another competent forum, all disputes between Kenvo Exporters and the client shall only be heard by the relevant Kenyan court.
- Kenyan law governs the agreement.
- Kenvo Exporters and the customer agree to stick to the costs of legal procedures that have already been paid rather than refer to legal fees that have been decided upon randomly.