Terms & Conditions
1. Bandari Ya Pombe LTD reserves the right to refuse acceptance of any order without giving any reason thereof.
2. Bandari Ya Pombe LTD terms automatically take priority over the Buyer’s Conditions of Purchase.
3. All contracts are subject to Bandari ya Pombe's right to suspend or cancel the whole or in part or to delay deliveries without any case be liable for any loss.
4. Bandari ya Pombe accepts no responsibility in any circumstances for any loss or damage whatsoever for any direct, indirect or consequential loss or damage however arising.
5. Bandari ya Pombe shall be entitled to subcontract any works without obtaining consent from the Buyer.
6. Bandari ya Pombe takes no responsibility for and does not ensure a Buyer’s property
7. The risks shall pass to the Buyer on the delivery of the goods
8. Although Bandari ya Pombe will make reasonable efforts to effect delivery in accordance with prearranged dates, such dates are estimates and time shall not be of the essence.
a. Failure to meet the given dates will not constitute a reason for the Buyer to cancel the contract, delay payment of any sums outstanding to the seller or refuse deliveries of finished goods.
9. If the Buyer fails to take delivery in accordance with the contract the seller reserves the right to cancel the contract and recover from the buyer any losses incurred.
10. Bandari ya Pombe may also cancel (the whole or in instalments) until amounts owing are paid
11. The Buyer shall immediately inform Bandari ya Pombe of any such variants in delivered volumes
12. Bandari ya Pombe reserves the right to invoice all goods held by them or on their behalf for the benefit of the Buyer after a period of 12 weeks (3 months)
13. If the Buyer fails to make payment by the date under the contract with Bandari ya Pombe due to bankruptcy or insolvency, Bandari ya Pombe may rescind, suspend, or cancel the delivery of goods.
14. In the event of Bandari ya Pombe accepting any request from the Buyer for cancellation, suspension, or amendment of the Order, then the Buyer shall be liable for any loss, damage, or cost.
15. Bandari ya Pombe may by notice (in writing) revoke the Buyer’s power of sale if the Buyer defaults in payment due to Bandari ya Pombe 14 days after the payment date.
16. Bandari ya Pombe shall be entitled to enter the premises of the Buyer for the purpose of removing goods.
17. The goods shall be supplied in accordance with the specification and sample supplied to the Buyer and quality assurance statement.
18. It is the Buyer’s obligation upon receipt of the goods to clean, wash, or sterilize the products supplied so that the condition is appropriate for use. Bandari ya Pombe shall not be liable for the cleanliness or contamination upon delivery.
19. The buyer shall test the suitability and toxicity in respect of the proposed use by the buyer or proposed contents and it shall be the buyer’s responsibility.
20. The buyer must notify the seller of any loss or damage to the goods within 2 days of receipt.
21. In the event of any breach of this contract by Bandari ya Pombe, the remedies to the Buyer shall be limited to damages. Under no circumstances shall the liability of Bandari ya Pombe exceed the price of the goods.
22. If there is a contract of sale without the knowledge of Bandari ya Pombe then the contract is void.
23. If the price is undetermined within the contract due to foregoing provisions the buyer must pay a reasonable price.
24. This contract is subject to the law of Kenya, England and Wales as of the date of the delivery of the goods.
25. If any dispute arises as to the meaning of this contract then it shall be determined by an arbitrator (agreed by the parties) within 21 days of the service.