Agree the shipment terms in writing
These website terms are a general discussion framework, not a complete sale contract or standing offer. The parties must confirm the transaction-specific product, price, quantity, delivery basis, payment, documents, risk, and dispute terms in a written contract or accepted quotation.
This draft is intentionally subject to review by qualified Kenyan trade counsel. Do not treat an enquiry, indicative product description, or website statement as acceptance of an order.
When these terms apply
These terms summarize issues relevant to trade enquiries for tea, coffee, and related export coordination. They apply to a sale or service only if incorporated into a transaction document accepted by the buyer and seller or service parties.
- The written pro forma invoice, purchase contract, accepted quotation, or service agreement identifies the parties and scope.
- A specific signed or accepted transaction document prevails over general website information if the documents conflict.
- No agency, exclusivity, or authority to bind a third party is created unless separately agreed in writing.
Product, quantity, price, and acceptance
Any offer should identify the commodity, grade or specification, lot or crop where applicable, quantity and tolerance, packaging, currency, unit price, validity period, and delivery basis. Indicative website descriptions and capacities are not a confirmed offer. An order is subject to written acceptance by the seller and any required counterparty, sourcing, regulatory, finance, or provider confirmation. No stock, capacity, or shipment window is reserved until expressly confirmed.
- Prices are subject to the stated validity and any expressly agreed adjustment mechanism.
- Taxes, duties, bank charges, inspection costs, and other charges must be allocated in the transaction documents.
- Changes to quantity, specification, or shipment timing require written agreement.
Specifications, inspection, and claims
The contract should identify the agreed grade, quality specification, test method, sample status, inspection process, and any permitted tolerances. Samples are for evaluation unless the contract expressly states otherwise; they do not independently replace the written specification. The parties should agree where and when inspection occurs, who appoints and pays the inspector, how a claim is notified, what evidence is required, and any remedy or time limit. No certification, traceability level, or test result is implied unless specifically documented.
- Agree a current, lot-specific specification before contracting.
- Record any retained reference sample, method, tolerance, and inspection point.
- Notify quality or quantity discrepancies using the timeline and process stated in the contract.
Named place, shipment, and risk
The contract must state the delivery term precisely, including the named port or place and the applicable Incoterms® rule and version, if the parties choose to use Incoterms®. For example, “FOB [named port], Incoterms® 2020” is more specific than “FOB” alone. The chosen rule allocates specified delivery obligations, costs, and risk between seller and buyer; it does not by itself determine title, payment, product quality, or all remedies. Carrier schedules, port cut-offs, freight prices, and partner capacity remain subject to provider confirmation.
- Specify the named place or port and rule version in the accepted contract.
- Confirm who arranges and pays for inland movement, loading, carriage, insurance, and destination handling.
- No route, transit time, vessel space, or delivery date is guaranteed unless the transaction documents expressly provide it.
Payment, banking, and transfer of title
The accepted contract should state currency, payment method, due date, any deposit or documentary-credit conditions, bank charges, and consequences of late or failed payment. Title to goods and any security interest should be expressly addressed in that contract and must not be inferred from an Incoterms® rule. Before transferring funds, independently verify account details using a previously confirmed company contact channel. Do not rely solely on a change-of-bank-details message or an unverified email.
- Use only payment instructions confirmed in the current signed or accepted transaction documents.
- Document when payment is considered received and the process for disputed invoices.
- Agree title transfer and any retention-of-title wording with legal counsel.
Export and import responsibilities
The transaction document should allocate responsibility for commercial records, transport documents, customs declarations, permits, certificates, inspection records, and destination-country import requirements. Statutory permits and certificates are issued by the competent authority or authorized provider, not by Wamunyu unless it is expressly and lawfully authorized for that specific document. Buyer/importer requirements vary by product and destination. Each party should verify applicable export controls, sanctions, customs, food-safety, labeling, tax, and import requirements with competent authorities or qualified advisers.
- Identify the document, responsible preparer, official issuer, deadline, and recipient.
- Align commodity, quantity, marks, consignee, and shipment data across records.
- Do not rely on Wamunyu to provide legal, customs, tax, or regulatory advice.
Warehousing, freight, and third-party services
Warehousing, transport, inspection, freight, and other logistics capabilities may be coordinated through third-party providers. The applicable provider, availability, scope, price, insurance, liability, and contracting party must be confirmed for each shipment. A network or route description does not establish facility ownership, reserved capacity, insurance cover, a delivery service level, or authority for Wamunyu to bind a provider.
- Confirm handover points, custody records, cargo condition, and authorized release contacts.
- Agree provider charges, surcharges, liability, insurance, and claims route before cargo moves.
- Third-party terms may apply and should be obtained and reviewed.
Delay, force majeure, and resolution
The transaction contract should state how the parties handle events beyond reasonable control, shipment delay, mitigation, notice, suspension, cancellation, and any allocation of resulting costs. It should also identify the governing law, dispute-resolution process, forum, notices, and any language or precedence rules. No governing law, forum, force-majeure remedy, or liability cap is imposed by this general website summary. Those provisions must be deliberately agreed in the signed transaction documents and reviewed by qualified counsel.
- Set practical notification and mitigation steps for disruptions.
- Specify escalation contacts and a dispute process before the shipment is accepted.
- Mandatory laws and authority requirements remain applicable.
Final transaction documents control
Before shipment, buyer and seller should confirm that the accepted contract, invoice, packing details, delivery instructions, document responsibilities, and any provider arrangements are consistent. A quotation request or email draft is not an order and does not amend an existing contract.
- Obtain authorized written acceptance from each contracting party.
- Resolve any conflicting standard terms expressly and in writing.
- Keep the executed or accepted transaction documents with the shipment records.
Request a written quotation
Send the commodity, grade, volume, destination, preferred delivery basis, and target timing. The trade desk can confirm whether a current offer is available.