TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale shall constitute a binding contract for the sale of goods, materials and related services (the “Products”) by Mabati Rolling Mills Limited (MRM) to the Customer.
‘Customer’ means the person or entity who purchases the Products from MRM, which expression shall include his/her/its representative(s), agent(s), assign(s) and/or successor(s) in title.
‘MRM’ means Mabati Rolling Mills Limited, which expression shall, where the context allows, include its affiliates, associated companies and/or successor(s) in title.
‘Sales Transactional Documents’ means the relevant transactional documents including, but without limitation, the Quotation, Invoice, Delivery Note, Credit Note, Debit Note, Loading Slip, Gate Pass or such other document as may apply as shall be determined by the Company.
Orders and Quotations
MRM reserves the right to accept or decline, in whole or in part, any order for Products placed by a Customer.
For special orders or where a minimum quantity is set by MRM, a Customer shall be obliged to accept and pay for any extra quantity above their order to meet the set minimum requirements.
Prices on the quotation are only valid for a specified period. MRM reserves the right to revise the prices and lead time at any time.
Price and Payment
Payments being made are through a secure channel to Mabati Rolling Mills Ltd.
Unless otherwise specifically stated, the price shall be as per Mabati Rolling Mills Ecommerce Price List as at the time of sale and not delivery or collection of the material. The order processing will commence once payment is received and verified.
Product prices shown on the Ecommerce platform do not include the cost of delivery, that is chargeable separately.
The total payment made shall be inclusive of all applicable taxes and duties.
The Products shall either be delivered to or collected by the Customer at such designated location and subject to the provisions set out in the Sales Transactional Documents.
The risk in the Products passes to the Customer when the Products are collected by or received by the Customer or their appointed agent.
Title to the Products shall not pass to the Customer until Mabati Rolling Mills receives payment in full and the Customer, or their appointed agent, has collected or received the goods.
Colours reproduced here may vary and may not be the exact match to the metal swatches.
The product images are for illustration purposes only and may not be an exact representation of the product.
If a Customer proves that the supplied goods do not conform to the Purchase Order, they have up to forty eight (48) hours or the next working day after delivery to notify MRM of the non-conformity.
Any late notification of non-conformity will be unacceptable.
MRM will not take responsibility for goods damaged while on transit to the Customer.
Personal Data Management
Without limiting its other rights or remedies, MRM may terminate the sale contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
Where the Customer is in default in the performance of any of his/her/its obligations under these Terms and Conditions and the Products have not been supplied, MRM may refuse, without prejudice to any other rights it may have under these Conditions or at law, to supply or deliver further Products to the Customer until the default is remedied and/or may choose to terminate the sale contract.
MRM shall not be liable for non-performance of its obligations by factors beyond its control. These factors include but are not limited to acts of nature, fires, terrorism, riots, coup d’etat, mutiny, seizure or any other factor beyond the reasonable control of MRM.
Intellectual Property Rights
Even where full payment for goods has been made, the Customer will dutifully trade and/or deal in the product as MRM’s Brands and shall not engage in any injurious dealings which might infringe the rights of MRM’s trademarks or other protected intellectual property rights in any product.
Default by Customer
Where the Customer is in default in the performance of any of its obligations under these Conditions and the Goods have not been supplied, MRM may refuse, without prejudice to any other rights it may have under these Conditions or at law, to supply or deliver further Goods to the Customer until the default is remedied and / or may choose to terminate the contract.
Limitation of Liability
Subject to any applicable laws, the Customer agrees that any expenses, damages, losses or liabilities whatsoever (including, without limitation, legal fees) incurred by [it/him/her] in connection with or arising from the supply of the Products, the total aggregate liability for an event or series of connected events shall in no circumstances exceed the purchase price of the Product(s).
MRM and the Customer agree that MRM may offer identical Products as compensation for any loss and if such offer is accepted by the Customer, then the Customer agrees that this shall constitute sufficient compensation.
MRM shall not be liable for any loss arising from an error in the Customer Specification, loss of business or profits, and/or any other indirect losses.
The restrictions on liability in this clause 10 apply to every liability arising under or in connection with all dealings with the Customer including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Applicable Law and Dispute Resolution
These Terms and Conditions shall be governed in accordance with the laws of the Republic of Kenya.
In the event of any dispute arising under these Terms and Conditions, the parties agree to complaints in relation to the Products through the Company’s internal complaints management mechanism by notifying the dispute to the Company using the email address provided on the Sales Transactional Documents.
The Parties shall use their best efforts to amicably settle any dispute, controversy or claim arising out of or in connection with the Contract and these Terms and Conditions (including any question regarding its interpretation, existence, validity or termination.
This sale is subject to such warranties as may be implied by the law relating to nature of the Products.
The exercise of the manufacturer’s warranties (if any) shall be as stipulated in the executed product warranty documents.
Assignment and Other Dealings
MRM may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the sales transaction.
The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Company.
MRM reserves the right to vary these Terms and Conditions. No such variation shall have retroactive application.
No failure or delay by a Party to exercise any right or remedy provided under the Contract, these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Conditions.
In the absence of any contract between the parties, these Terms and Conditions and the Sales Transactional Documents shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.