Terms and Conditions

Definitions and interpretation

In these Terms and Conditions the following words have the meanings given:

“Address” the address for delivery of the Products and/or Services as stated on the Booking Form and/or Purchase Order;

“Business Day” means any day other than a Saturday, Sunday or a public or bank holiday in Kenya

”Contract” means a contract for the purchase by the Customer of Products or Services from Appliance Experts incorporating these terms and conditions and arising from the acceptance by Appliance Experts of an Order;

”Customer” means the person, firm or company ordering Products or Services;

”Default” shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;

“Diagnostic Service(s)” means the examining of broken appliance(s) with the aim of determining how to perform Repair of the appliance(s);

“Order” means any written order for Products and/or Services, received by Appliance Experts from the Customer;

“Price” means the price payable for the Products and/or Services as specified in the Booking Form or Purchase Order and payable in accordance with the terms of this Agreement;

“Products” means any item listed for online sale and/or provided by Appliance Experts directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;

“Purchase Order” is the Customer’s purchase order for the Products offered by Appliance Experts;

“Repair(s)” means the mending of broken appliance(s) with the aim of putting it back into working order;

“Appliance Experts”, “we” and “us” means Appliance Experts., a company incorporated in Kenya any such other business entity Appliance Experts appoint as sub-contractor to provide the Services to the Customer;

“Appliance Experts” is a registered trademark of Appliance Experts;

“Services” means any Repair or Diagnostic Service provided by Appliance Experts directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;

“Website” means the site on https://sites.google.com/view/appliancexpert/

Contract Formation

All Orders submitted by the Customer to Appliance Experts and accepted by Appliance Experts shall be subject to the following Terms and Conditions which shall form part of and govern any Contract. Usage of any service or receiving any estimate or quotation for any Products and/or Services by the Customer and issued by Appliance Experts – by phone or in writing including by email – shall be deemed acceptance of these terms and conditions.

All bookings of Services must be made via Appliance Experts' Booking Form on the Website and/or over the telephone. The Customer is required to provide all the relevant information needed for the professional supply of the chosen service (make and model of the domestic appliance, brief but correct description of the problem, full address and contact details).

The Contract will only be formed when we send you the Booking Confirmation.

Your booking constitutes an offer to us to buy the Services and/or Products.  All bookings are subject to acceptance by us and will be confirmed over the telephone by a Appliance Experts employee typically within 3 hours upon booking completion. Any online bookings of Services submitted after 5pm will be confirmed over the telephone on the next working day. An online booking will be considered valid and chosen service will be provided only upon telephone confirmation by a Appliance Experts employee.

Date, time, location, price and method of payment for all Repairs and/or Diagnostic Services need to be agreed upon booking the chosen service.

Cancellations and re-scheduling

Any booking of Repairs and/or Diagnostic Services can be cancelled free of charge not later than 24 hours prior to the appointed time slot.

In case that a booking of Repairs and/or Diagnostic Services has been confirmed, and a Appliance Experts engineer is at the Customer’s address within the agreed time slot but no access to the premises is provided the Customer will be liable for a Ksh.1000 Travel Expenses Fee.

The Appliance Experts engineer will make every effort to be at the previously agreed address within the booked time slot to provide the Services requested by the Customer. If by any unforeseen circumstances the engineer cannot be at the Customer’s premises within the time slot booked, the engineer or another Appliance Experts employee will contact the Customer on the contact telephone number(s) provided. In such case the Customer can

• reschedule the visit for another available time slot on the same date; or

• agree on another date and time; or

• cancel the appointment free of charge.

Access

The Customer shall provide safe and sufficient access for installation or removal of any appliance. Appliance Experts will take care to install or remove appliances without damage to flooring or adjacent fittings, but Appliance Experts cannot be liable for any such damage unless it was due to negligence. Appliance Experts will endeavour to notify the Client if we believe insufficient access is available and the Client may cancel the Contract if the Client does not wish to take the risk of damage to the surrounding area. Also, if the Customer’s appliance cannot be easily accessed to facilitate the Appliance Experts reserves the right to abort the Repair. The Customer will in both such cases be liable for minimum a Ksh. 1000 Travel Expenses Fee.

Delivery of Products and Services

Appliance Experts is able to repair most domestic appliances. However, the manufacturer, appliance type, model and age will have a major influence on whether replacement part(s) can be obtained and ultimately whether the repair can be completed. When a specific appliance is no longer made the manufacturer will only stock replacement parts for a given period.

Once in the Customer’s premises the Appliance Experts engineer will provide the Diagnostic Services on the appliance covered by the Booking Confirmation and repair the appliance. Upon completion of the Repairs and/or Diagnostic Services the Customer must pay the Appliance Experts engineer the price confirmed in the Booking Confirmation.

In case that during the visit and/or delivery of the Repairs and/or Diagnostic Services the Appliance Experts engineer locates faulty part(s) that need(s) to be replaced:

• and the part(s) can be replaced during the visit (available as part of the Appliance Experts engineer’s dedicated spare Products kit), upon price agreement and Customer’s approval the repair will be carried out immediately on-site. The Customer must agree to pay to the Appliance Experts engineer the Price of all agreed Diagnostic Services, Repairs and charges for part(s).

• and the engineer is technically unable to repair the appliance (e.g., because the part needed is not available), the Customer must agree to pay to the Appliance Experts engineer the Price for the Diagnostic Services provided. Upon payment and Customer’s confirmation for the spare part Order the Appliance Experts engineer will send a report to Appliance Experts head office including a request for the spare part needed. Availability, price and delivery time will be confirmed with the Customer over the telephone by a Appliance Experts employee. If the Customer on this basis approves the details mentioned above the Order is placed. The part is tested in the Appliance Experts workshop upon delivery. A new suitable time and date for the Repair visit is agreed with the customer. Upon completion the appliance is tested and once confirmed that it operates normally the Customer agrees to pay the fixed labour as well as the charge for the spare part ordered.

If the Customer does not accept the Price for the Products offered by Appliance Experts the Customer can purchase the part from any other supplier and then agree on a time and date for a Repair service visit with Appliance Experts. Appliance Experts will carry out the Services and test the appliance upon completion. The Customer must agree to pay to the Appliance Experts engineer the previously agreed fixed labour charge amount.

In case that during the visit and/or delivery of the Repairs and/or Diagnostic Services the fault of the appliance is found to be as a result of misuse, neglect or poor installation or, the appliance type or fault is not as described originally Appliance Experts reserves the right to charge the Customer the full labour rate.

You pay only for the Diagnostic Services, if Appliance Experts is unable to obtain spare parts from our suppliers to conduct the Repair of the appliance, so that Appliance Experts is unable to Repair your appliance

If the Repair is deemed to be beyond economical repair and the Customer prefers to purchase a new appliance, a Appliance Experts Sales Representative will assist the Customer advising the Customer on the range of Products Appliance Experts offers for sale online.

All spare Products Orders are placed only upon Customer’s confirmation of the Price and quantity of Products. Once an Order is placed the Products are usually delivered to Appliance Experts head office within 2 Business Days. Special Orders for out of stock items are usually delivered within 2 weeks but for some items it can take up to 4 weeks.

Price

The Price for Products and/or Services stated in any Booking Confirmation or quote are that current at the time of Appliance Experts answering the Customer’s enquiry.

All quoted prices are exclusive of VAT, and VAT will be added to the Price if applicable. Cost of Products required to carry out a successful repair will be extra and are not included in the labour charge quoted. The duration of an on-site Repair / Diagnostic Service visit does not affect the labour charge applied.Appliance Experts labour charge is fixed for all Repairs / Diagnostic Services and is per appliance.

Should the appliance repair require the simultaneous services of two or more Appliance Experts engineers for, e.g., repairs to a tumble dryer which is stacked on top of a washing machine, a supplemental fee will apply in addition to any other charges.

Payment

Payment for Products and Services must be made by credit/debit card before or upon the delivery of the Products and/or Services by Appliance Experts on the Appliance Experts engineer’s first visit to the Customer.

The Customer agrees that payment for Products and Services is non-refundable and Products or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer’s warranty.

If a required part is a special Order or of a large cost Appliance Experts may ask the Customer to pay for the part before an Order for the required part is placed.

Appliance Experts may at its discretion offer credit terms to the Customer subject to the status of the Customer. Such credit terms shall be determined by Appliance Experts and confirmed in writing with the Customer.

Unless and until credit terms are granted, the Customer must pay for any Products or Services on a “upon completion” basis in which case the Customer should allow at least three (3) Business Days for the payment to be credited to Appliance Experts bank account. Appliance Experts reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to Appliance Experts bank account.

Where credit terms are granted, and unless other terms are granted in writing, the Customer must pay no later than 30 days following the date of Appliance Experts invoice and Appliance Experts reserves the right to suspend any delivery of Products and/or Services where payment is delayed.

If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to Appliance Experts under the Contract have been paid.

If payment is not received by the relevant due date Appliance Experts may:

(1) Charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of 20 per cent per year.

All payments made by the Customer to Appliance Experts shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.

The Customer agrees to make all payments due under the Contract irrespective of any dispute or claim the Customer may have with or against any third party.

Warranties

All Products and Services provided by Appliance Experts or a Local Contractor as defined below come with 12 months warranty starting from the date the Repair / Diagnostic Service is completed. The warranty is valid only for Products/part(s) fitted by Appliance Experts or a Local Contractor and Repairs / Diagnostic services undertaken by Appliance Experts or a Local Contractor.

Our guarantee does not cover:

• Any subsequent unrelated faults / breakdown to the appliance.

• Faults caused by accident, negligence, misuse (use not in accordance with manufacturers’ instructions).

• Cosmetic damage, e.g., scratched door or cracked facia, etc.

• Indirect loss, e.g., food loss, damage to property, loss of earnings, etc.

• Repair services provided to appliances in commercial environments, e.g., offices, laundrette, etc.

It also becomes invalid if the appliance has been moved to an address other than the Address or within the Address or if the appliance has been repaired, serviced, or spare parts installed or purchased by/from anyone other than Appliance Experts or a repairer or Local Contractor acting on our behalf, since our last visit.

Appliance Experts, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by Appliance Experts under an agreement with the manufacturer or supplier of the relevant Product. The warranty service (if any) will in such cases be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.

Appliance Experts may in its discretion offer support or maintenance services with respect to Products or Services.

The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded.

The Appliance Experts Network

An Appliance Experts engineer may not always attend your Repair. In an instance when this happens a local engineer (“Local Contractor”) of the Appliance Experts Network will attend and this will be specified in the Booking Confirmation. The Local Contractor is fully vetted by us. Regardless of who attends this will not affect the labour charge or any of the Terms and Conditions except that the Local Contractor is responsible instead of Appliance Experts for the warranties specified above.

Liability

Any damage of appliances or surrounding areas caused by Appliance Experts engineer or a Local Contractor must be reported to the Appliance Experts engineer or Local Contractor as defined below at the time of visit or within 24 hours to Appliance Experts.

Appliance Experts shall not be liable for any claims regarding the functioning of the equipment serviced, the Services or Products delivered and/or installed outside of the warranty period nor for any fault(s) caused by but not limited to Customer’s negligence, lack of knowledge or misuse of the appliance.

Appliance Experts shall not be liable for any claims regarding delayed deliveries of Products and/or parts or inability of a Appliance Experts supplier to provide part(s) ordered by the Customer.

Appliance Experts' liability of any kind with respect to the Services, including any negligence or delay in delivery of the Services, or loss of equipment, shall be limited to the Price for the services.

Appliance Experts does not accept liability for any indirect losses which you may incur for whatever reason, and we specifically disclaim any responsibility for consequential damages and losses in connection to the malfunctioning of appliances before, during and after our visit; including but not limited to food loss and laundry costs.

The maximum aggregate liability of Appliance Experts to the Customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the Customer as a result of any Default of Appliance Experts shall be limited in aggregate to the lesser of Ksh. 100000 or an amount equal to the sums paid by the Customer to Appliance Experts under the Contract during the preceding 12 months.

While Appliance Experts will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Appliance Experts responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.

Appliance Experts accepts no responsibility for loss or damage which may arise from reliance on information or advice contained in the Website and shall not be liable for any typographical or other errors or emissions within the material contained in the Website.

The Website includes links to external web sites. These links are provided to help the Customer and Website users find additional information quickly and easily. Appliance Experts accepts no responsibility for the content of these links and external web sites.

Variations

Appliance Experts reserves the right to modify these terms and conditions at any time and without notice. Any such changes will take effect when posted on the Website and it will apply to all Services and Products provided by Appliance Experts.

Waiver

The waiver by either party of a breach or Default of any of the provisions of the Contract by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or Default by either party.

Website Use and Content Provided

All content on this website, including without limitation, the text, scripts, graphics, photographs, sounds, music, videos, compilations, interactive features and the like, and derivative works thereof and the trademarks, service marks and logos contained therein, are owned by or licensed to Appliance Experts, and are subject to copyright and other intellectual property rights under applicable laws and international conventions. Such content on this website is provided to you AS IS for your information and personal use only without any representation or warranty of any kind either express or implied and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Appliance Experts and the respective owners of the content. Any documentation may include technical inaccuracies or typographical errors. Appliance Experts reserves all of its rights in and to this website and the content. You agree to not engage in the use, copying, or distribution of any of the content obtained through this website for any commercial purposes and/or any other purpose other than a purpose expressly permitted under these terms and conditions. Appliance Experts reserves the right to make changes and additions from time to time to any information and content contained on this website.

Data Protection

Appliance Experts is committed to safeguarding the privacy of our website visitors and Customers. Your Personal Data isn’t just protected by the quality, commitment and high standards of Appliance Experts, it’s also protected by law. The law states that we can only process your Personal Data when there is a genuine reason to do so and it must be one of the following:

• To fulfil any contract that we have with you

• We have a legal obligation

• Where you have consented to the processing

• When it is in our legitimate interest

• When it is in the public interest

• When it is in your vital interests

When we have a business or commercial reason to process your Personal Data this is referred to as a legitimate interest. Your Personal Data is still protected and we must not process it in a way that would be unfair to you or your interests.

If we do use legitimate interests as a reason to process your Personal Data we will tell you that we are doing so, what our legitimate interests are and provide you with a method to raise any questions or objections you may have. However, compelling grounds for processing such information may over-ride your right to object.

Whenever your data is kept by Appliance Experts we will ensure that it is appropriately protected and only used for acceptable purposes.

We will keep your data for the period that you are a customer of Appliance Experts. If you are no longer a customer of Appliance Experts, we will keep your data for the minimum length of time required to comply with the purposes set out in this policy and relevant legal or regulatory obligations. Your Personal Data may be kept longer if we cannot delete it for technical reasons.

The information and data about you which we may collect, use and process includes the following:

• Information that you provide to us by filling in forms on the Website or any other information you submit to us via the Website or email; e.g., Booking Forms

• Records of correspondence, whether via the Website, email, telephone or other means

• Details of the transactions you carry out with us, whether via the Website, telephone or other means

• Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data

Where it is reasonable for us to do so and not detrimental to your rights and freedoms, we also collect Personal Data from publicly available sources such as internet searches, Companies House, and broadcast media.

We may share your Personal Data with these other organisations:

• Law enforcement agencies, regulators and other authorities

• Credit reference agencies

• Fraud prevention agencies

• Identity verification agencies

• Third parties you ask us (or permit us) to share your data with

• Third parties necessary to provide products or services which you have requested

Depending on the products you choose to use we may need to share your Personal Data with the third parties that provide those services. Where your Personal Data are transferred outside of the European Economic Area (“EEA”), we require that appropriate safeguards are in place. We may also disclose personal information to other companies within associated or subsidiary companies and to business partners, or successors in title to our business.

We will only transfer your Personal Data outside of the EEA where:

• You have given your explicit consent; or

• It is necessary for us to set up or fulfil a contract you have entered into with us; or

• To comply with a legal duty or obligation

We will assist you if you choose to exercise any of your rights over your Personal Data, including:

• Withdrawing your previously granted consent; however, this will not invalidate any previously consented processing

• Lodging a complaint with any relevant Data Protection Authority

• Access to your Personal Data that we hold or process

• Correction of any Personal Data that is incorrect or out of date

• Erasure of any Personal Data that we process

• Restrict processing of your Personal Data in certain circumstances

• Asking us to provide you or another company you nominate with certain aspects of your Personal Data, often referred to as ‘the right to portability’

• The ability to object to any processing data where we are doing it for our legitimate interests

• The ability to contest a decision made entirely by automated processing, to express your point of view and to request that a human review the decision

Complaints, law and dispute resolution

If the Customer has complaints the Customer should always at first instance call Appliance Experts in order for us to try to resolve the Customer’s complaints as quickly as possible. Failing this the Customer should email us on appliancexperts4@gmail.com or call us on 0111855900 .

The Contract shall be governed by, and construed in accordance with, Kenyan law and the parties submit to the exclusive jurisdiction of the Kenyan courts.