| The following terms & conditions apply to all works undertaken and goods sold by Waterways Africa: (hereafter called the company).
A) GENERAL WATERWAYS AFRICA TERMS
1. GENERAL LIABILITY: In lieu of any warranty, condition or liability implied by law, the liability of Waterways Africa (hereafter called the company), in respect of any defect or failure of equipment supplied or for any loss, injury or damage attributable there to, is limited to making good by replacement or repair (at the company’s discretion) defects which under proper use appear there in and arise solely from faulty design, material or workmanship within a specified period. This period commences after the equipment has been dispatched or if applicable, installed by the company and its termination or liability ceases.
This warranty applies solely to equipment supplied or work carried out by the company and no claim for consequential damages, however arising will be entertained. Also the warranty specifically exclude defects caused by fair wear and tear, the effects of careless handling, lack of maintenance, faulty installation, incompetence in part of equipment user, acts of God or any other cause beyond the company’s reasonable control. Also any repair or attempt at repair carried out by any other party invalidates all warranties.
2. FORCE MAJEURE: EVEN IF AND DURING the course of any works or goods sale, the company may cancel all or any part of the remaining works/supply of goods at its own discretion – if it is so prevented by reason of strikes, lock outs, sabotage, accidents, fires, subsidies, earthquake, war, civil strife, government restrictions, licenses, non-supply by suppliers, alternation or suspense or delays/interruptions or lack of instructions by the customers, quotas, exchange control restriction, exchange rate fluctuations or any circumstances beyond its control.
3. COST VARIATIONS: Estimates by the company for any works or prices of goods will generally apply based on current costing. However, the company reserves the right to vary confirmed pricing in the event of any variations in respect of exchange rates, taxes, duties and other costs which may arise subsequently. The company reserves the rights to recover these additional costs from customers.
4. WORK PARTICULARS/SALE CONDITIONS: Work estimates or pricing of goods will be as described. Any additional works or goods required will be charged extra given instructions by the customers.
5. DELAYS: Should the company incur costs owing to supervision or alteration to the work by the customer’s instructions, delays, overtime, unusual hours, mistakes or work occasioned by the act of default by the customer, such extra costs will be applicable and payable by the customer. Whilst the company will make every effort to meet timely delivery dates, the company does not wish to nor does it accept any responsibility or liability for any or all delays in fulfilling its obligations.
6. PARTIAL WORKS/GOODS SUPPLY: If the company decides that it is not practical to continue with the works or supply of goods, it reserves the right to refrain from finalizing the balance. In this respect, the company’s decision will be final and binding on the customer and the customer will be required to settle the performed works/goods supply promptly, on quantum meruit basis.
7. PAYMENT: The customer agrees to pay for final price as invoiced even if subject to revision by the company. Customers are not entitled to offset any counter-claims which have not been confirmed in writing by the company to the customers nor withhold payment for any other reason. Generally approved credit sales are payable latest by the mid of the following month after which they become overdue and the customer shall be deemed to have defaulted and overdue account shall attract service charge at the rate of 2% per month from the date of default until payment in full and customer agrees and accepts that payment is due on demand by the company.
8. MANIFESTATION OF OWNERSHIP: Not withstanding delivery/job card documents, shipment or possession, ownership of any onsite works or delivered goods, shall remain vested with the company (Waterways Africa), until paid for in full and the customer has no power to charge or assign the goods/works done or create a third party liability on them.
9. RIGHT OF REMOVAL/DISPOSAL: Until the customer has paid all agreed sums for works done in entirety or for partial works/goods supply, the company reserves the right to collect/remove the works /goods and the customer shall co-operate and fully protect the property rights of the company. Until the payment is fully settled the customer holds the goods as trustees of the company. Nevertheless, should there be a default in payment by the customer, the company reserves the right of disposal of the works done or good supplied after giving a 14 days notice to the customer.
10. DELIVERY/TRANSPORT: Goods transported and marked at customer’s risk. Unless otherwise agreed, all risks are passed onto the customer upon dispatch from the company premises. The company shall also be relieved from any obligation to fulfill any works /goods supply as long as a customer is in arrears with payments.
11. CUSTOMERS COMPLAINTS: Customers must firstly check on quality or works/goods and assess if they are suitable. If this is not done, no claims will be entertained by the company. Every claim with regard to the quality of the works or goods supplied must be submitted in writing within 14 days of receipt by the customer. In the case of justified complaints properly lodged with the company, the company reserves the discretion to reduce the price, remedy the defect, exchange the goods or arrange a refund within six months from the date of purchase.
12. ADVICE & INFORMATION: All advice is given in good faith and without any liabilities whatsoever.
13. ERRORS: The Company reserves the right to rectify any arithmetical or typographical error or omission.
14. ELECTRICALS: All clients advised to fully protect their equipment from voltage fluctuations.
15. GUARANTEES: No guarantees applicable unless explicitly offered. Should a customer default on payment, any guarantees offered explicitly are deemed null and void.
16. APPLICABLE LAWFUL JURISDICTION: In the event of any legal dispute, the jurisdiction of the court shall be limited to the realms of the High Court of Kenya or Subordinate Court at Nairobi and whose decision shall be binding between the company and the customers.
17. WATERWAYS AFRICA TERMS & CONDITIONS: The above terms and conditions by Waterways Africa (The Company) override any other terms and conditions expressed or implied whether in any negotiations or by any statute or at common law or otherwise and any such other terms and conditions are hereby excluded and regretted.
18. ALTERATIONS TO TERMS & CONDITIONS: Waterways Africa reserves the right to alter any of the above terms and conditions without any notice whatsoever.
1. POOL CONSTRUCTION effected by us
• Pool Shell: The pool shell is guaranteed against leakage for a period of one year from the time of completion except for damage by earth tremors, ground faults and or acts of god.
• Pool Plumbing: Guaranteed against leakage for a period of three months from the time of completion except for damage by earth tremors, ground faults and or acts of God.
2. PUMPS/ FILTRATION EQUIPMENT if installed by us.
• Mechanicals: In the cause of normal use, guaranteed for one year.
• Electrical Items: May fail because of various reasons beyond our control and not guaranteed.
3. SAUNA/ STEAM BATH EQUIPMENT if installed by us
• Electrical Items: - May fail because of various reasons beyond our control and not guaranteed.
• Electrical panels: - Should an electrical voltage protection panel be installed and supplied by us, we will provide a three months electrical warranty on the electrical components.
• Water Quality: - No guarantee against malfunctioning caused by poor quality water.
4. SPAS if installed by us
• Electrical items: May fail because of various reasons beyond our control and not guaranteed.
• Electrical Panels: - Should an electrical voltage protection panel be installed and supplied by us, we will provide a three months electrical warranty on the electrical components.
• Mechanical: As per manufacturer’s International Warranty if applicable.
5. Other Equipment supplied by us but not installed by us: No warranty whatsoever except for manufacturing defects and for which clause 11. of the Waterways Africa Terms applies.