Conditions of Acceptance of Vehicles And/Or Goods for Repair.ETC.
All vehicles of whatever make, description or type and goods of every description whatsoever delivered to or collected by DANTE BURBA (2012) LTD (herein called "The Company") for repair, maintenance, service, storage or for any other purpose whatsoever are only accepted by the company upon the following terms and conditions.
1. The company will not be responsible for and shall be exempt from all liability in respect of any loss or injury of any kind whatsoever of or to any vehicle ,parts or accessories forming part of or goods of any description contained in any such vehicle entrusted to its care for any purpose, whether the same shall arise from or to be occasioned by the negligence of the company or its servants or agents in the discharge of their duties or whether by the negligence of other persons directly or indirectly in the employment or service of the company or otherwise or by Act of God or by accident or any other acts defaults or negligence of the Company's agents or servants of any kind under any circumstances whatsoever.
2. Vehicles and goods of every description delivered to The Company for any purpose whatsoever will be received and held by The Company subject to alien for monies due to The Company for the carriage and repair of and other proper charges or expenses upon or in connection with such vehicles or goods and to a general lieu for any money or charges due to the company from the owner (s) of such vehicles or goods for any services rendered or accommodation provided in relation to the carriage or custody of such vehicles or goods or any other vehicles or goods; and in case any lien is not satisfied within three months from the date upon which The Company first gave notice of the exercise of its lien to the owner of such vehicles or goods (and such notice shall be deemed to have been given if addressed to the last known address of the owner of such vehicles or goods upon which the company has a lien)the vehicles or goods may be sold as provided for under the Abandoned and Uncollected Goods Acts and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto and The company shall account to the owner of such vehicles or goods for the surplus(if any)should the lien remain unsatisfied then The Company reserves the right in its absolute discretion to take other recovery actions as it deems fit.
3. While The company shall be under no obligation to do so it may carry out such work and supply such materials and goods (whether in addition to or lieu of such if any may be expressly stated in or necessarily implied by the instructions given overleaf) as it shall in its sole discretion consider necessary or requisite in order to render the vehicle or goods into proper order and it shall be entitled to charge and be paid accordingly.
4. If so requested The Company will give an estimate of the cost of compliance with the instructions overleaf but such estimate shall not be the basis nor form part of the contract between The Company and the customer.
5. The Company will endeavour but does not contract to comply with the instructions overleaf by the date and time stated therein. Anytime or date stated by the company for the delivery of vehicles or goods is intended as an estimate only and The Company shall not be liable for or to make good any damage or loss whether arising directly or indirectly out of a delay in delivery. Any delay in delivery shall not relieve the owner of any vehicle or goods of their obligations above and hereunder.
6. In the event that the vehicle or goods supplied are not collected within 7 days of the Company's notice to collect, The Company shall be entitled to make a reasonable charge for storage.
7. If any repairs remain incomplete due to non-availability of parts the Company shall nevertheless be entitled to be paid for the work done and parts supplied or fixed.
8. In the event payment to The Company is delayed The Company shall be entitled to claim interest at 5% plus the base rate for the being of any major commercial bank representing The Company at the time and all legal charges including collection charge.
9. In the event of the owner of a vehicle or goods being dissatisfied with any repairs, maintenance, service or the fitting of any parts or accessories carried out by The Company or in respect of any charges relating to the same such dissatisfaction must be brought to the notice of the company in writing within 7 days by the owner of such vehicle or goods taking delivery of the same after the expiry of which time the company will not be liable to entertain any complaints of any nature whatsoever. Whilst every complaint brought to the notice of The Company within the said time will be investigated, nothing herein contained shall be construed as an admission liability by The Company in respect of any such complaint.
Dante Burba (2012)LTD
TERMS AND CONDITIONS OF SALE .
1. The following words as used in these Conditions shall have the following meanings.
a) Conditions shall mean these terms and conditions of sale as read together with the terms and conditions posted at www.danteburba.com.
b) Purchaser shall mean the person identified on the face of this document as intending or who buys the Goods from the Seller.
c) Seller shall mean Dante Burba (2012) LTD and/or any of its holdings, subsidiaries and associated companies as identified on the face of this document, which accepts the Purchaser’s order for the Goods.
2. By execution of this document the Purchaser confirms having read and understood the following terms and conditions (the conditions”) and the comprehensive terms and conditions for sale posted at wwwdanteburba.com and agree to be bound by them.
3. These conditions shalt apply to the purchase of goods identified on the face of this document (“the Goods”) to the exclusion of all other terms and conditions, including terms and conditions implied by trade, custom or dealing which the Purchaser may purport to rely on, save for any subsequently separately negotiated contract between the Purchaser and Seller.
4. Any order placed by the Purchaser in respect of the Goods shall be deemed to be accepted by the Seller on the earlier of the seller's written acceptance or the Seller doing any act consistence with fulfilling the terms of the order.
5. The Purchaser shall provide all information required by the Seller to facilitate the sale; and shall make payments in the manner set out on face of this document; and shall comply with all instructions issued by the Seller in regards to the delivery and collection of the goods.
6. Notwithstanding the agreed price, the total sum payable for the Goods shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for the Goods including any increases in taxes, duty or other governmental levies or any costs imposed by third parties over whom the Seller has no control.
7. The seller shall process the Purchaser's order in the manner agreed between the parties and endeavour to meet the estimated delivery dates. It is however understood that the delivery date is an estimate and the Seller shall bear no liability whatsoever for failure to deliver the Goods on the estimated delivery date.
8. Late payment shall at the discretion of the Seller attract late payment interest on the outstanding amount at the rate of 2% above the prevailing current market interest rate from the date of default till payment in full.
9. Where a deposit is required as part payment of the purchase price (“Deposit”), the Deposit shall be paid in the manner set out on the face of this document and the Seller shall not be obligated to progress the order unless and until the Deposit is paid in full.
10. Where the sale is cancelled by the Purchaser, the Deposit shall be returned to the Purchaser provided always that the Seller shall be entitled to recover from the Deposit such amount as is sufficient to compensate the Seller for costs or expenses incurred by the Seller in processing the order up to the date of the later of receipt of the cancellation notice or effective date of the cancellation.
11. The seller shall however not be obligated to refund the deposit until the goods have been resold by the seller to another purchaser.
12. Property and risk in the Goods shall transfer to the Purchaser upon (a) payment of the full purchase price; or (c) delivery of the Goods to the Purchaser where the Goods are procured on the basis of the Purchaser’s Purchase Order or procured through agreed credit terms.
13. Unless otherwise agreed, delivery shall take place at the Seller’s premises or at the premises of any of the Seller’s authorized dealers.
14. Upon delivery of the Goods the Purchaser shall inspect the Goods and shall satisfy herself of the merchantability of the Goods. The Seller shall not be liable for any apparent defects on the Goods, the same of which could reasonable have been discovered through inspection by the Purchaser.
15. The Seller issues no warranty as to the quality of the Goods and their fitness for purpose save as may be provided under the Manufacturer's warranty the same of which is extended to the Purchaser.
16. Where the Purchaser fails to take delivery of the Goods within 14 days of notification that the Goods are ready for delivery, the seller may at its discretion charge for storage of the Goods at such reasonable rates as the Seller may determine.
17. The seller shall have a general lien over the Goods or over any property of the Purchaser in its possession for all money owing to the seller on any account whatsoever.
18. The Seller shall not be liable for any failures or delays caused by any events beyond the reasonable control of the seller including but not limited to fires, floods, accidents, action of any governmental authority, war, insurrection or riots, or shortages of labour, energy, raw materials, production facilities, or transportation handicaps.
19. These Conditions shall be governed by and construed in accordance to the laws of the Republic of Kenya and any disputes arising therefrom shall be referred to a court of competent jurisdiction within the said Republic.