Terms & Conditions

Definitions

"Customer" means the organisation or person who buys Goods.
"Goods" means the articles to be supplied to the Customer by Sheffield.
"SSSL" means Sheffield Steel Systems Limited.
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.

1. Website content

All Goods displayed on Sheffield Africa's website are uploaded with image(s) of the product, a description, model number, product features, price and warranty duration. Although SSSL ensures the information provided maintains dimensional accuracy on relevant Goods, they may contain slight or unintended variations that may be impacted by the brightness of your screen.

2. Price and payment

The price will be SSSL's quoted price, or the price listed in SSSL's published price list as at the date of acceptance of an order, unless otherwise agreed. All quotations are valid for fourteen (14) days from the date issued, after which they automatically expire.
VAT is at an additional cost.
All quotations are subject to availability of the Goods, and the Customer acknowledges that the price quoted or listed may vary at any time before acceptance of an order. Quotations are issued in Kenya Shillings unless agreed otherwise.
SSSL reserves the right to reject an order at its own discretion without giving a reason.
The price is inclusive of VAT or any other applicable tax, duty, government levy or other applicable cost unless quoted separately.
The purchase price does not include special packaging, branding the Customer might require, insurance, nor any other incidental cost.
Credit terms may be offered subject to satisfactory credit vetting. The offer of credit is at SSSL's sole discretion and may be amended at any time based on mutual business performance.
Payment of the price and any other applicable costs and taxes is due within the agreed terms from the invoice / statement date, without discount and/or set-off. SSSL reserves the right to set off any amount owed to the Customer.
If payment is not made by the due date, SSSL may charge interest on overdue invoices at two (2) per cent per month from the due date until payment, require payment in advance of delivery for any undelivered Goods, and refuse to deliver any undelivered Goods without liability for non-delivery or delay.
The Customer must fully pay SSSL all costs incurred as a result of the Customer's failure to fulfil its obligations in full and/or on time including interest charges, bank charges, collection costs and legal fees.

3. Out of Stock

If the Goods requested are out of stock, Customers may select alternative goods or wait until such goods are procured. SSSL will not be liable in any way for any breach of these Terms in the event any Goods requested are out of stock.

4. Delivery

Unless otherwise agreed in writing, delivery takes place at the address specified by the Customer on, or as close as possible to, the date required by the Customer. The Customer must make all arrangements necessary to take delivery whenever the Goods are tendered.
If SSSL is unable to deliver because of actions or circumstances under the Customer's control, SSSL may place the Goods in storage until delivery can be effected, and the Customer is liable for any associated storage expense.
Unless expressly agreed, the delivery period specified is not a final deadline, and SSSL is not liable merely because it exceeds the agreed delivery period.
Any damages, shortages, over-deliveries and duplicated orders should be reported to SSSL within 48 hours of signed receipt, to enable replacement, refund or alternative solutions.
Where the Customer collects an order, they must show proof of identity (National ID or passport). If someone else collects on the Customer's behalf, the Customer must provide proof of consent and a copy of their ID for identification.
If installation is required, SSSL will arrange this by confirming a convenient date and time.
The Customer may be liable to pay additional delivery charges from time to time based on the delivery location directed by the Customer.

5. Risk & Ownership

Risk of the Goods passes to the Customer upon receipt being the time the Goods arrive at the place of delivery even if the Customer does not expressly accept the delivery. Where the Customer collects the Goods, risk passes when the Goods are entrusted to it or set aside for collection, whichever happens first.
Ownership of the Goods does not pass to the Customer until SSSL has been paid in full. The Customer acknowledges that it possesses the Goods solely as bailee for SSSL until all payments (including any interest and other charges) due relating to the sale and purchase are settled in full. The Customer's right to possession ceases if SSSL does not receive full payment of all amounts due within the stipulated time period.

6. Return of unused goods

All goods are sold on a firm-sale basis i.e. SSSL will not take back any Goods not required or sold to the Customer, unless otherwise agreed, in which case the following terms apply:

SSSL may decide to issue a refund or provide a credit of the same amount upon the return of Goods, at its own discretion.
Any returns must be inspected and approved by an authorised representative of SSSL before any credit is given.
Where SSSL agrees to accept the return of goods that are not damaged, the Customer is responsible for any costs of delivering the Goods to SSSL and must carefully package them to avoid damage in transit. SSSL is not obliged to accept any goods damaged in any way.
SSSL will not accept goods which have been damaged or tampered with, or products which are health-related.
SSSL will not accept returns of goods held by the Customer for more than 14 days, even if the Goods are in good condition.

7. Customer's obligations

To facilitate the supply of the Goods, and in consideration of SSSL agreeing to supply on these Terms, the Customer undertakes to:

Pay the purchase price and any other amounts due strictly within the credit terms specified by SSSL from time to time.
Comply with and fully perform its obligations under these Terms promptly and without delay.

8. Warranties & limitation of liability

The Customer warrants to SSSL that:

The Customer has the legal right and authority to enter into this Agreement and to perform its obligations under it.
The Customer will comply with all applicable legal and regulatory requirements necessary for the fulfilment of its obligations under this Agreement.
All information provided by the Customer upon registration of an account, or otherwise required for the purchase of Goods, is true and accurate.
While SSSL will ensure the security of its website, the Customer acknowledges that such software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, SSSL gives no warranty or representation that the website will be entirely secure.
Limitation of liability: SSSL shall not be liable for any loss or damage suffered by the Customer in excess of the contract price.

9. Intellectual property rights

All Intellectual Property Rights produced from, or arising because of, the performance of this Agreement shall so far as not already vested become the absolute property of SSSL. The Customer must do all that is reasonably necessary to ensure that such rights vest in SSSL, by the execution of appropriate instruments or the making of agreements with third parties.

10. Promotions

SSSL may, from time to time, offer different types of promotions on its Goods. Such promotions are undertaken as per the terms and conditions issued by SSSL or as agreed with the Customer. Offers to Customers have a validity period and can only be claimed within the specified time.

11. Product warranty

All products and Goods are covered by warranties against manufacturing defects and faults.

12. Third-party links

Some content, products and services may include materials from third parties, we advise that you familiarize yourself with their terms and conditions as you engage in any transactions and sign-ups. SSSL shall not be responsible for any transactions or activity on third-party sites.

13. Force Majeure

SSSL shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply, failures of the internet or any public telecommunications network, hacker attacks, denial-of-service attacks, virus or other malicious software attacks or infections and SSSL will be entitled to a reasonable extension of its obligations. If the delay persists for such time as SSSL considers unreasonable, it may, without liability on its part, terminate the contract.

14. Governing law & jurisdiction

This Agreement is governed by and construed in accordance with the laws of Kenya, and the parties submit to the exclusive jurisdiction of the Kenyan courts.

15. General

Nothing in these Terms establishes or implies any partnership or joint venture between the parties, nor construes either party as the agent of the other.
Unless expressly agreed otherwise in writing, these Terms apply to any Agreement to the exclusion of any standard terms specified by the Customer or implied by law, trade custom, practice or course of dealing.
Acceptance of the Goods or Services by or on behalf of the Customer is deemed to be full and unconditional acceptance of these Terms.
Any variation to these Terms (including any special terms agreed between the parties) is inapplicable unless agreed in writing by SSSL. SSSL reserves the right to amend these Terms by issuing a notice to the Customer.
If any term is held invalid, illegal or unenforceable by any court of competent jurisdiction, that provision will be severed and the remainder shall continue in full force and effect.
The contract for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, by the Customer without SSSL's prior written consent. SSSL may assign or transfer any of its obligations by issuing notice to the Customer.
The failure by either party to enforce any of these Terms at any time is not a waiver of them, or of the right to subsequently enforce all Terms.
Each party is responsible for its own compliance with the relevant data protection laws, including the Data Protection Act, 2019 and all corresponding Regulations, any other applicable data protection laws, as well as SSSL's Privacy Policy.