KAYA Trailers

Legal

Terms & Conditions

Kaya Trailers · Red Dirt Overlanding LTD · Mukabi Grove 28, Nairobi

Contract of Sale

Any price quotations given by Seller to Buyer ("Quotation") will be valid for the period stated on the quotation, and if no period is stated, the quotation is valid for 15 days from the date of the quotation, and do not include any sales, use, or other taxes or duties. Seller reserves the right to modify prices at any time to adjust for any raw material price fluctuations. All offers to purchase, and purchase orders of Buyer are subject to final acceptance by, and are not binding upon Seller until accepted by an authorized officer of Seller at its office located at: Mukabi Road 6, Loresho, Nairobi. Orders accepted by Seller are not subject to cancellation by Buyer except as provided below.

Payment Terms

Early Payment Discount: Buyer shall receive a 1.5% discount on the stated purchase price in the Invoice for full payments of the invoice amount made within 5 days after the date of the Invoice. Discounts shall not apply to any freight, taxes or any sums due any third party.

All prices are stated, and all payments must be made in U.S. Dollars or Kenyan Shillings. Invoices are due and payable net fifteen (15) days after the date of the invoice unless otherwise noted on the face page of the Purchase Order or Quotation or on Seller's invoice. The term begins on the date of the invoice. Seller may invoice parts of an order separately. Buyer agrees to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by law, and to pay all costs of collection, including costs of litigation and reasonable attorney's fees incurred by Seller.

Unless otherwise agreed in writing, Seller reserves the right to require down payment and/or progress payments, which will be 50% of the invoice within 15 days, 25% of the invoice halfway the build around 1.5 months after first payment and the last 25% of the invoice at product handover.

Order Cancellation

In the event that the Buyer retracts the purchase order for any reason, Seller shall be paid a reasonable cancellation charge consisting of a percentage of the purchase order price reflecting the percentage of the work performed and material costs incurred by Seller prior to the notice of termination, plus actual direct costs resulting from cancellation, provided that in no event shall such cancellation charge be less than 15% of the price quoted multiplied by the number of months (or parts thereof) from the date the order was accepted by Seller until the date the order was cancelled, in order to compensate Seller for material and labor commitments made by Seller.

Design Changes

The AT-1 is a standardized design, subsequent modifications shall be mutually decided and subject to additional charges to be determined by Seller and paid for by Buyer.

Pickup and Delivery Schedules

Stated pickup and delivery schedules or dates are estimates only and not a commitment or guaranty by Seller as to availability for pickup or delivery on specific dates.

Shipping

Regardless of the manner of shipment, delivery occurs and title and risk of loss or damage pass to Buyer, upon completion of the trailer and invoicing of the trailer at Seller's facility. Unless otherwise noted, sales prices do not include transport, freight, shipping or handling charges. Any separate charges for transport, freight, shipping and handling will be shown on Seller's invoice(s). All claims for breakage, loss delay and damage must be made to the carrier.

Pickup

If any instalments needs to be done on Buyers car in order to pull the product, the Buyers car should be at the facility at least one full working day before product handover in order to make the car and product compatible.