Terms and Conditions

Terms and conditions for carriage and ordering services.

SOKOUSA Company Limited version 02-2018. The terms and Conditions apply on all carriage and the performance of other services by the company.

1. DEFINITIONS

“We”, “us”, “our” and SOKOUSA means SOKOUSA LLC and its group of companies, SOKOUSA employees, agents and independent contractors; “you” and “your” means the procurer of SOKOUSA’S services.

2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

2.1 By registering with SOKOUSA’s shipping services, or by clicking “check out” and paying using SOKOUSA website you accept our terms and conditions set our below for the performance of services on behalf of yourself and/or anyone else who has interest in shipping, buy and ship, and home delivery services. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipments or perform other services as well as our employees, directors and agents. We are not bound by any instructions that conflict with our terms and conditions.

2.2 We may change, suspend, or discontinue SOKOUSA Services, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on www.sokousa.co.ke website. Your continued use of SOKOUSA after the effective date of the revised Agreement constitutes your acceptance of the terms.

2.3 Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, SOKOUSA may immediately revoke your access to the SOKOUSA Services. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

3. THE ORDERING PROCESS

3.1 By checking out with SOKOUSA and making payments, you are making an offer to allow SOKOUSA to purchase goods on your behalf which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have confirmation of your payment. We will not be liable if there is a delay in payment, and we will not accept your order if payment is not authorized by the payment service.

3.2 Certain steps must be followed for a contract to be formed, as described below after you have placed your order. You will receive an email to acknowledge your order. It will confirm which products you have ordered, but it may not constitute an acceptance of your order.

3.3 SOKOUSA will not place bid for any items on auction websites.

3.4 We do not have to accept your order, and for example, we will not accept your order if:

3.4.1 The product is not available from the vendor

3.4.2 Your payment is not authorized

3.4.3 There is an error on our website regarding the price or other details of the products

3.4.4 You have cancelled your order

3.4.5 We reserve the right to refuse any order.

4. PRICING AND PAYMENT

4.1 Prices on our cart are quoted in local currency, and payment can only be accepted in Kenya shilling through our payment platforms including MPESA, PayPal, Credit/Debit Card, and bank transfers.

4.2 You agree to make payment before any order is placed by SOKOUSA.

4.3 While we make every effort to ensure that prices shown on www.sokousa.co.ke are accurate, we cannot guarantee that this will always be the case. If products you wish to order are unavailable you will be notified as soon as possible.

4.4 You agree to pay our charges (including applicable surcharges) for the carriage of your goods prior to collection or delivery for shipping services.

4.5 You waive all your rights to challenge our invoices before accepting delivery or upon collection.

4.6 Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rates or in the relevant contract. SOKOUSA shipping charges are available on request from any SOKOUSA officer.

4.7 We charge for either the actual weight of the goods or the volumetric weight of the shipment whichever is the higher. Volumetric weight is calculated in accordance with the industry standard volumetric conversion equation.

4.8 You agree that we will charge demurrage for goods held at our office for longer than 30 days without collection, you forfeit the right to claim any damages on your goods after 30 days.

4.9 We have a right to demand for payment of services rendered and in the case of non-payment we have the right to institute legal avenues not limited to law suit and right to lien till payment or sale of property is made to recover costs.

5. DANGEROUS GOODS AND SECURITY

5.1 Except in circumstances shown in Clause 4.2 and 4.3, we do not ship, nor perform any services regarding goods which are or are in our sole opinion goods too dangerous to ship via airfreight including, but not limited to, those specified by International Civil Aviation Organization (ICAO), Federal Aviation Authority (FAA), International Air Transport Association (IATA) Dangerous goods regulations, Civil Aviation Authority in Kenya or any other national or international rules applicable to the transport of or the performance of any services regarding dangerous goods. The delivery timelines for non-dangerous goods and dangerous goods may be different.

5.2 We may at our discretion accept some dangerous goods for carriage or performance of other services in cases where your dangerous goods comply with the applicable regulations and requirements.

5.3 Certain Dangerous goods are exempt, details of exempt items can be obtained from SOKOUSA.

5.4 You must ensure that your shipment does not contain any prohibited articles. You must give us a full description of the contents of your shipments through the appropriate channels and other accompanying documents required. Your responsibilities and liabilities are not extinguished by providing this information.

5.5 SOKOUSA will not under any circumstances ship weapons, munitions, or any goods or articles associated with weapons.

5.6 Shipments carried or handled by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipments may be examined by SOKOUSA or authorities in transit.

5.7 We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and/or security reasons.

6. RIGHT OF INSPECTION

You agree that we or any governmental authority including customs and security agencies may open and inspect your goods at any time.

7. CUSTOMS CLEARANCE

7.1 You appoint us as your agent solely for purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entriesand other formalities, such assistance will be rendered at your sole risk. You agree to indemnify us and to hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this and pay any administration fee we may charge you for providing the services described in this condition.

7.2 We will endeavor to expedite all customs clearance formalities for your shipments but the company is not liable for any delays, losses or damage caused by interference from customs officers and/or other governmental authorities.

8. DELIVERY OF YOUR SHIPMENT

8.1 When your goods arrive in Kenya, you will be notifiedonce the products are under SOKOUSA custody. You can opt to either collect or have it delivered to you through our Door to door delivery service from our delivery vendor.

8.2 We will endeavor to ensure delivery takes the shortest time possible. Ordinarily within two weeks of receiving goods at our facility. Certain products may take longer to be delivered in order to adequately prepare the goods for export. We bear no liability for any delays that may occur.

9. YOUR OBLIGATIONS

9.1 Authority: you purport that you are the owner or agents to the owner of goods and, that he/she has authority to accept/receive the goods upon arrival of goods.

9.2 You are obligated to ensure that the contents of your shipment are not restricted by the FAA, IATA, CAA, or the CAA and neither you nor the consignee is a person or organization with whom we or you may not legally trade under any applicable laws or regulations;

9.3 You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligations.

9.4 As the recipient, you must carefully identify and document loss and/or damage within 24 hours of delivery. You are responsible to report the type of damage. Please note that damage or loss claims are subject to an investigation by SOKOUSA, that may take up to 60 days.

10. EXCLUSIONS OF LIABILITY

10.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise for any indirect incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default.

10.2 We are not liable for any goods ordered from substandard vendors or irreputable websites.

10.3 We are not liable if we do not fulfil any obligations towards you at all as a result of:

10.3.1 Circumstances beyond our control such as (but not limited to): force majeure including earthquakes, cyclones, storms, heat waves, flooding, fire, disease, war, piracy, accidents, acts of public enemies, strikes, embargoes perils of the air, local disruptions or civil commotions, disruptions to transportations networks and criminal acts of third parties such as theft and arson.

10.3.2 Your acts or omissions or those of third parties such as being in breach of your obligations under these terms and conditions, particularly those set out in clause 9, or any act or omission of any customs, security, airline, or government official.

10.3.3 The contents of the shipment consisting of any article that is a prohibited item even if we may have accepted the shipment by mistake.

10.3.4 Shipments routed to wrong locations by an airline which can cause long delays or loss completely.

10.3.5 Our refusal to make any illegal payments on your behalf

10.3.6 We will not accept liability for changes which may affect the goods by enactment of new regulations and or laws on both import and export without advance announcement.

11. LAW AND JURISDICTION

11.1  Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of Kenya or which the subsidiary or affiliate or branch of SOKOUSA that accepts your goods for carriage or performs other services is based.

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