TERMS AND CONDITIONS

AGREEMENT AND ACCEPTANCE

 

These terms and conditions (“Terms”) forms a legally binding agreement (“Agreement”) between you (hereinafter referred to as “you” or “your” or “customer”) and Newmatic Kitchen Kenya Limited (hereinafter referred to as “Newmatic” or “our” or “we” or “us”).

 

By using our website or placing an order through it or in our shops, you are consenting to be bound by these Terms and Conditions. If You do not agree to all of the Terms and Conditions, do not place an order. These Terms may be subject to amendment, so You should carefully read them prior to placing any order.

 

The Terms and Conditions apply to all Orders for the purchase of goods and services from Newmatic. No other terms apply unless specified in the Sale Order or otherwise agreed in writing between Newmatic and you. If there is any contradiction between these Terms and those set out in an Agreement executed between you and Newmatic, the Agreement shall prevail.

 

DISCLAIMER FOR PRODUCTS SOLD & WARRANTY TERMS

 

Products are sold subject to the manufacturer’s limited warranty which is packaged together with the products. In no event shall Newmatic, its Directors, Employees and Representatives be liable for direct, indirect, consequential or punitive damages related to the products sold.

 

If You find that the product is faulty or defective, you should immediately, not later than three days, return it to us together with the receipt for the purchase. All faults will be handled in accordance with the manufacturer’s limited warranty.

 

For the avoidance of doubt Newmatic will not be liable for any fault in the Devices outside the manufacturer’s warranty. Any logistical expense reasonably incurred by us in extending such benefit shall be held to your account.

 

This warranty is the only warranty given by Newmatic and specifies its entire liability including liability for negligence and in particular but without limitation all statutory or other express, implied or collateral terms.

 

Conditions or warranties are excluded to the fullest extent provided by law. You are hereby advised to take note of any limitations and restrictions thereof and to examine the features of the product prior to making a purchase.

 

You agree that once the product has been purchased released to you there will be no replacement or repair unless the same is under the manufacturer’s limited warranty.

 

DELIVERY

 

We will not be responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. You will need to advise us of any changes in delivery instructions or circumstances.

At the time of delivery, you or your representative will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. The Person who signs the form shall be deemed to have authority to bind the Customer to this Agreement. Newmatic shall not be under an obligation to make inquiries as to whether the person has such authority.

Please inspect the Products immediately upon delivery. If you are not perfectly satisfied with your purchase, please return it to our delivery staff on the spot.

Should you decide to return the good after our delivery staff has left, please do so with the Product intact in the carton box with all components, accessories & packaging intact. We reserve the right to reject any returns not in the original condition. 

Where you request the merchandise to be left unattended upon delivery, Newmatic Kitchen Kenya Ltd accepts no responsibility for any loss or damage or theft that might occur thereafter.

If you need to postpone your delivery, please advise the showroom office at least two days in advance and the next day delivery can only be done as per the delivery schedule running on that day of postponement. Note that first delivery is free but if failed shipment is due to client’s fault, we shall charge for the next delivery based on your area.

Our delivery van drivers shall be instructed to bring your purchase through the main entrance, to avoid any unwelcome surprises. You are required to inform our staff at the time of purchase of any special delivery requirements. It is your responsibility to ensure that the goods can be delivered to the room of your choice. We will only deliver beyond the entrance of the premises at your risk.

 

Deliveries will be done within 5-7 days of purchase. Reasons for delay could include: Customization of products; Specialized items; Unforeseen circumstances; or Delivery area.

 

All delivery charges are fixed as quoted. However additional charges may apply in circumstances where normal site access is not available such as deliveries involving stairs, walling’s not on ground level or where changes to delivery arrangements are notified to us less than 24 hours prior to scheduled time of delivery.

Additional charges will have to be paid directly to Newmatic’s Paybill Number or Bank Account (s). It is your responsibility to advise us at the time of sale any unusual delivery circumstances.

All 1st schedule deliveries within Nairobi area are free for any total purchase of appliances. Charges shall be implemented on subsequent deliveries based on your area. Deliveries outside Nairobi area can be arranged by third party transport companies at additional cost.

 

UNABLE TO DELIVER

 

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.

 

RISK AND TITLE

Risk in the Products will pass to You upon collection of the Products from Newmatic or delivery of the Products to the premises indicated by you.

For the avoidance of doubt Newmatic will not be responsible for any loss or damage to the Products upon collection or delivery of the Products to the premises. Title to the Products will pass to You upon payment of the Products in full.

PAYMENT & PAYMENT METHODS

 

All prices displayed on the items are in Kenya Shillings and are inclusive of VAT. Value of the Product is as at the date of the Customer’s application/purchase. No adjustment shall be made for promotions or price cuts offered by Newmatic.

 

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it.

 

If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund. We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.

We accept all Visa & MasterCard credit cards, payment via Cheque and Banker’s Draft but deliveries will only be made once the Bank confirms that the Cheque or Banker’s Draft has cleared. To protect your security and to prevent credit card fraud where possible, we reserve the right for proof of Identity on ALL purchases.

All Cheques or Bankers Draft must be made out in the name Newmatic Kitchen Kenya Ltd.

Payment in full (including finalization of any lay-by arrangements) is required prior to delivery arrangements can be made, as payment on delivery cannot be accepted.

If the delivery address and billing address are different, or to enable us to carry out necessary security checks, you must provide proofs of address.

 

REFUNDS & RETURNS

If there is a fault in the appliances supplied to you, you shall call the store within 24 hours and we will arrange a technician to visit and inspect the fault or damage. If the fault or damage cannot be repaired then the appliances will be replaced for you if in stock or else a credit voucher for the similar value will be issued.

However, this will not apply to the extent that fault is caused by abuse, misuse, or damage through accident or neglect.

If purchasing appliances, please ensure the appliances size is as per your kitchen size. Check the length, width and height of the appliances being purchased.

Cancellation on special order appliances shall not be entertained.

The dimensions of all our appliances are mentioned on the product display information and also during site visit.

Cancellations must be advised directly to the store of purchase no later than three working days prior to the scheduled delivery date. We will not accept cancelled orders after this time. Cancellations are subject to an order cancellations fee of Ksh.3000 per item will be charged.

 

Please choose carefully as we don’t give refunds if you simply change your mind or make the wrong decision. Instead, we shall issue you with credit note of similar value for your utilization. Exchanges and refunds can be given where goods are faulty and cannot be replaced or rectified, wrongly described or different from the sample shown to you or don’t do what they are supposed to.

 

Items that have been installed or tampered with cannot be refunded. Cancellation for already installed items will be subject to trade in subject to Newmatic kitchen Kenya policy.

 

PROJECT DELIVERY AND INSTALLATIONS

 

Delivery of the items to be installed shall be as per the agreed sales order, unless a mutual agreement on the order changes based on the site preference.

 

Delivery of items to be installed will be done within five days. Reasons for delay could include: Customization of products; Specialized items; Unforeseen circumstances; or Delivery area.

All 1st schedule deliveries to the site areas within Nairobi shall be free but you shall bear the charges for subsequent deliveries. You agree to provide labour to carry items to your respective premises.

 

A request for installation shall be made at least 7 days in advance for our office to arrange delivery of items to site. Confirmation of the delivered items shall be effected by signing the delivery notes, with full names, contact details an signature of the recipient, and shall include the date when the delivery was made.  

No sealed cartons shall be opened unless a representative from Newmatic is there for installation.

 

ASSESSMENT AND INSTALLATION

Newmatic team shall visit the site and give you the measurements, power points location, granite conditions, cabinet adjustments measurements for all units. You agree to provide labour to carry items to your respective premises for installation.

The site shall be ready when all units have been adjusted accordingly as per the assessment report given by Newmatic team. You shall bear the costs of any such adjustments.

The 1st schedule of installations shall be free but you shall bear the costs of subsequent installations.

Installation and testing shall be done and confirmed by the site manager and a Newmatic representative. The confirmation shall be in writing and signed by both the site manager and the Newmatic representative.  

 

Appliances shall be the last items to be installed in a house after all the required provisions and measurements have been put into consideration.

 

STORAGE & LAY BY’S

Items purchased will not be reserved until a minimum of 50% of the value of the invoice has been paid.

Maximum storage time in our warehouse is not more than 30 days as delays in accepting delivery by you results in us incurring additional storage and insurance costs. In the event that you fail to take delivery within 30 days of notification by us, we will charge you for those costs at a rate of Ksh.500/= per day per order.

 

CUSTOMER’S CONTACT DETAILS

We want to make sure you receive your purchases as soon as possible. Please be sure to provide your exact delivery address and telephone number. Incorrect information may cause a delay in processing your purchases.

Please note the Sales Staff name and the date of orders placed / purchase for any future query.

Note the contact information provided is safe with us, since any failed delivery due to wrong information provided will be charged for any reschedule.

 

STOCK AVAILABILITY

 

All products are subject to stock availability.

Most spare parts are available too.

 

PRICING POLICY

 

We have a competitive pricing policy on our products. Products which are on sale promotion, clearance corner and special offer have a fixed price on no further reduction is applicable on these products.

 

GOVERNING LAW AND DISPUTE RESOLUTION

 

You are responsible for compliance with the laws applicable to you wherever you access the Website. This Agreement shall be governed by and shall be construed in accordance with the laws of Kenya. All disputes relating to this Agreement shall be settled in the courts located in the Republic of Kenya.

VARIATION

We have the right to revise or amend these terms and conditions from time to time. Our right to amend these Terms includes the right to modify, add to, or remove terms in these general terms and conditions.

Your continued access or use of our Services constitutes your acceptance of the amended terms.  

The revised general terms and conditions shall apply from the date of publication on our website.

NO WAIVER

No waiver of any breach of any provision of these Terms shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these Terms.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

 

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.    

SEVERABILITY

 

If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 INTELLECTUAL PROPERTY

 

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.

 

TRANSFER OF RIGHTS AND OBLIGATIONS

 

The Contract between You and us is binding on You and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

 

EVENTS OUTSIDE OUR CONTROL

 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

 

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government;  Any shipping, postal or other relevant transport strike, failure or accidents.

 

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

ENTIRE AGREEMENT

 

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing. Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

 

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

 

GENERAL

 

No terms or conditions endorsed upon, delivered with or contained in Your documentation will form a part of this Agreement and You waive any right which You otherwise might have to rely on such terms and conditions.

 

Any notice required to be given to Newmatic shall be deemed to have been given if it is posted by registered mail or delivered by hand or courier service to the aforementioned address and marked for the Attention of: The Chief Executive Officer.

 

Any notice required to be given to You shall be deemed to be so given if it is addressed to You at Your last known address and posted by registered mail or delivered by hand or courier service to You. 

 

Such notice shall be deemed to have been received five (5) business days after posting or if delivered by hand or courier upon receipt by the duly authorised officer.

 

Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

 

In all cases remedies offered by us shall not affect your statutory rights or our statutory responsibilities.

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.

 AFTER SALES SERVICE

 

In the event that you wish to discuss your order or purchase, please call us on 0719332828.

Customer Service Department, Newmatic Appliances Limited. P.O. Box 75362-00100 GPO, Nairobi, Kenya.

 

Alternatively, you can also e-mail to us:  Info@newmatic.com