1. PRICE AND PAYMENT.
1.1 Prices in the price list are based on rates and costs at the prevailing date of the quotation and RMFL deserves the right to increase the price and the customer must pay as per the effective price list as notified by RMFL.
1.2 RMFL’s payment terms are cash on order.
1.3 Notwithstanding the provisions of clause 1.2 above, a customer may, subject to a separate approval process, be granted installment payment terms, in which case, goods will be delivered to the customer upon making the last and final payment within three (3) months in respect of the goods purchased.
1.4 Except for cash payments, direct bank deposits / Mpesa or cheques payment shall be regarded as having been made once payment is received and verified as credited in RMFL’s bank account.
1.5 All prices and any other charges are inclusive of Value Added Tax (VAT).
1.6 Steel products are sometimes subject to unusual price volatility due to conditions beyond the control or anticipation of RMFL. If there is an increase in the actual cost or shipping of raw materials between the date of order confirmation and the time when raw materials have arrived, the amount of the order may be increased to reflect the additional costs to RMFL.
2. ORDERS
2.1 RMFL may upon request by the customer issue a quotation in respect of a product the customer wishes to purchase.
2.2 The customer must place an order (“Order”) ‘with RMFL in respect of any goods the customer wishes to purchase, together with written / verbal confirmation of the order specifications.
2.3 Orders are subject to formal acceptance in writing by RMFL (‘Order Confirmation”). It is the responsibility of the customer to ensure the correctness of the order as advised on order confirmation and failure to communicate/ notify of any discrepancies at the time of the order confirmation shall be deemed to be an acceptance by the customer of the order as stated.
2.4 Upon acceptance by RMFL, orders shall not be subject to cancellation or any amendment by the customer.
2.5 In the event that any specified material becomes unavailable either temporarily or permanently after the order is confirmed, RMFL may need to provide an equal substitute that will not affect the overall performance of the product.
2.6 In the event that any specified material becomes unavailable either temporarily or permanently after the order is confirmed, RMFL may need to provide an equal substitute that will not affect the overall performance of the product.
2.7 where colors and design are to be matched, RMFL shall make reasonable efforts using standard colors and designs but does not guarantee a perfect match and disclaims all liability arising out of any color or design variation.
3. RETURN
3.1 The customer is responsible for the selection and specifications of the goods. Under no circumstance shall RMFL accept the return or replacement of the materials selected by the customer or be liable for the selection made by the customer.
4. CLAIMS
4.1 Claims in respect of shortages shall be made in writing, immediately upon receipt of the consignment in respect of which a shortage is alleged. No such claims shall be entertained if lodged after the delivery of the consignment.
4.2 Unless otherwise expressly agreed, delivery lead times shall not be regarded as binding and delays in delivery shall not entitle customers to claim any damages resulting there from.
5. WARRANTY AND LIMITATIONS
RMFL warrants that all products supplied shall be free from defects in material and conforms to the applicable KEBS Standard KS EAS 468:2019, specifications, and be suitable for the purpose intended by the buyer
As per coating class 3 classification, the paint coating shall be durable & resistant to weather as specified under KEBS Standards- KS EAS 468:2019; UV & Slat Spray durability tests
6. LIABILITY AND LIMITATION.
RMFL shall be responsible for making good any defect to any portion of the roofing material which may appear or occur under proper use during the warranty period, and which arises from defects of material at the time of product supply, and the entire liability of RMFL under this sales contract shall not exceed the value of the goods purchased
If any such defect shall appear, for which RMFL is responsible, the customer shall immediately inform RMFL thereof stating in writing the nature of the defect. RMFL shall investigate the claim and if satisfied shall within a reasonable time provide repair materials (paint in case of fading), to correct the defect. The customer shall provide labor, and other incidental expenses.
RMFL shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence installation workmanship, mishandling, poor storage conditions, error I customer specification or special, incidental and consequential damages
7. DELIVERY AND RATES
7.1 Unless otherwise expressly agreed, delivery dates or periods are best estimates meant to assist the customer to plan their operations and should not be construed as an express guarantee that is binding on RMFL.
7.2 RMFL shall deliver the materials at the delivery charges determined by RMFL from time to time, unless otherwise agreed in writing prior to placing an order. For purposes of this clause, delivery shall take place on the date the truck enters the customer’s premises, or arrives at the premises and access is not immediately allowed it should be noted that where the agreed point of delivery is a place other than the customer’s site, this provision will apply to delivery at that place of delivery. The customer undertakes to take all such steps and do all such things as may be required to be done so as to comply with its obligations under this agreement to receive and accept delivery in terms hereof.
7.3 Whenever RMFL is ready to deliver the materials and informs the customer that it is ready to deliver the materials or proceeds to deliver the materials, and the customer delays, fails, refuses, or neglects to accept delivery, or is not available to accept delivery or frustrates the delivery of the material, then delivery shall be deemed to have taken place on the earlier date when RMFL informs the customer that it is ready to deliver the material or on the date the truck is refused entry into, or is otherwise impeded from entering the customer’s premises, or the designated delivery point if applicable
8. TRANSFER OF RISK AND OWNERSHIP.
8.1 Ownership of the goods shall remain with RMFL until when delivery is made or deemed to have been made. The risk of loss or damage in or to the goods shall pass to the customer upon delivery.
9. OFF-LOADING OF MATERIAL
9.1 The duty of the RMFL transport contractor and/or driver shall be limited to the delivery of goods to the customer at the customer’s premises or designated location and shall under no circumstances be responsible for, or obliged to do physical offloading of the material from the motor vehicle. This remains the responsibility of the customer and/or the customer’s employees and/or agents.
10. INDEMNITY AND UNDERTAKINGS
10.1 The customer hereby indemnifies and agrees to defend, keep indemnified and hold harmless RMFL, in respect of all loss including legal costs, liability, damage or expenses suffered or incurred by the customer including third parties.
11. FORCE MAJEURE
In the event of any act of God, war, strikes, breakdowns or plants or any machinery at any of RMFL’s plants, riot, civil war, operational disaster, heavy rains or floods making roads impassable or any like circumstances arising or action taken beyond or outside the reasonable control of RMFL and preventing RMFL from supplying any material or otherwise performing any one or more of its obligations in terms of these General Terms and Conditions, then RMFL shall be relieved of such obligations to the extent of the nature of the Force Majeure and shall not be liable for any loss (direct and/or consequential) and/or damage which the customer may suffer due to or resulting from the Force Majeure., provided always that a notice shall be promptly given to the customer in regard to the Force Majeure.
12. ENTIRE AGREEMENT AND VARIATION
This document embodies the entire agreement between the parties hereto and no amendment or variation of any of the provisions of this General Conditions of sale shall be of any force or effect unless reduced to writing and signed by RMFL’s Director
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