Legal Statement

 

  1. Placing an Order:

Orders must be submitted to Kibiwa Logistics Limited (hereafter referred to as “Kibiwa”) in writing, containing the following instructions:

 

  1. Kind of merchandise with precise descriptions (e.g., 1 Mac Lipstick Warm Red).
  2. Value of the item/goods.
  3. Type of packing with contents, numbers, quantity, and weight (gross/net) of packages.
  4. Address(es) of shipper/consignee.
  5. Place of delivery/receipt.
  6. General instructions and conditions for shipment, and method of transportation (sea/air/road/express/groupage/breakbulk/containerized cargo, etc.).
  7. Special instructions for customs clearance, document issuance, etc.

 

Verbal orders must be confirmed in writing, or by email. The responsibility lies with the customer to provide accurate and comprehensive information.

 

  1. Definitions and Interpretations:
  2. Company: Kibiwa Logistics Limited (hereinafter referred to as Kibiwa), including its subsidiaries, related companies, agents, and representatives.
  3. Customer/Shipper: The entity for whom Kibiwa provides services, including agents, representatives, shippers, importers, exporters, carriers, etc.
  4. Documentation: All information received directly or indirectly from the Customer.

 

 

 

  1. Company as Agent of the Customer:

Kibiwa acts as the agent of the Customer for arranging transportation services, filing export and security documentation, and performing related duties. Kibiwa operates as an independent contractor for all other services.

 

  1. Unacceptable Shipments:

A shipment is deemed unacceptable if it violates customs regulations, contains prohibited items (counterfeit goods, hazardous materials, etc.), has an incorrect address, defective packaging, or any other item Kibiwa determines unsafe or illegal.

 

  1. Quotations and Payments:

Quotations provided by Kibiwa are for informational purposes and are subject to change. Payment terms, fees, and charges are detailed in individual service agreements. The Customer is responsible for all applicable fees and expenses.

 

  1. Delivery:

Shipments cannot be delivered to P.O. Boxes. The Customer can personally collect from Kibiwa offices or request Kibiwa to deliver to specified locations. Kibiwa may offer alternative delivery options.

 

  1. Inspection:

Kibiwa has the right to open and inspect shipments without notice for safety, security, customs, or regulatory reasons. Additional wrapping and packing may be performed by Kibiwa employees at their discretion.

 

  1. Shipper’s Warranties:

The Customer warrants the accuracy of information provided, and compliance with laws, and indemnifies Kibiwa for losses arising from non-compliance. The shipper also accepts responsibility for packing, data accuracy, and return of containers.

 

  1. Limitation of Liability/Indemnification:

Kibiwa’s liability is limited to $100.00 per shipment. Kibiwa is not liable for consequential damages or acts of third parties. The Customer indemnifies Kibiwa against claims arising from the Customer’s conduct or non-compliance.

 

  1. Insurance:

Kibiwa is not obligated to procure insurance unless requested in writing and agreed upon. The Customer pays premiums and costs associated with the requested insurance.

 

  1. Intellectual Property:

The Customer acknowledges that Kibiwa shall retain all copyright and intellectual property in documents created during the provision of services.

 

  1. Dispute Settlement:

Disputes are to be resolved through negotiations between directors of both parties. If unsuccessful, mediation or arbitration may be pursued, as specified in the agreement.

 

 

  1. Variation:

No amendments or variations to these terms are valid unless made in writing and duly executed by or on behalf of Kibiwa.

 

  1. Non-waiver:

The failure of Kibiwa to require performance does not waive its rights unless expressly agreed in writing.

 

  1. Governing Law:

Kenyan, Uganda, and Tanzania Law govern these terms and conditions.

 

  1. Severability:

The invalidity of any provision does not affect the validity of other parts of these terms.

 

  1. Return Policy:

The return policy specifies conditions for returning items, including incorrect deliveries, used or refurbished items, and purchases from unauthorized dealers.

 

  1. Our Offices and Warehouses:

Sharing Kibiwa facility addresses publicly without disclosure is a violation. Kibiwa reserves the right to investigate and take appropriate action for violations.