1. General Provisions

1.1 These Terms and Conditions ("Agreement") govern all services provided by Savo Store Limited ("SS" or "the Company") to its customers, including procurement, shipping, storage, and related logistics services.

1.2 By placing an order or utilizing SS's services, the Customer agrees to be legally bound by this Agreement in full, without limitation or qualification.

1.3 SS reserves the right to amend these Terms and Conditions at any time, with or without notice. Continued use of SS services constitutes acceptance of such amendments.

1.4 This Agreement shall prevail over any Customer-provided terms or conditions, verbal or written, unless explicitly accepted in writing by an authorized officer of SS.

2. Definitions

2.1 "Bill of Lading" ("BOL"): A document issued by a carrier to acknowledge receipt of cargo for shipment.

2.2 "Company" or "SS": Refers to Savo Store Limited, its subsidiaries, affiliates, officers, agents, and representatives.

2.3 "Customer" or "Shipper": Any individual or legal entity requesting or receiving services from SS, including their employees, agents, subcontractors, or any third party acting on their behalf.

2.4 "Documentation": Any information, instructions, or materials (electronic or physical) provided by the Customer to SS, including but not limited to entries submitted through the Customer's online account, the Shipment Instruction Form, and any communications or attachments sent via email or other electronic platforms. Such documentation may be stored, displayed, or referenced within the Customer’s SS account.

2.5 "Third Parties": Includes but is not limited to carriers, customs brokers, freight forwarders, warehouse operators, couriers, and other entities engaged by SS to facilitate the Services.

2.6 "Shipment Instruction Form": Refers to the electronic or physical form provided by SS on its website or otherwise, including but not limited to the Shipping Only Order Form and the Buy & Ship Order Form, through which the Customer submits mandatory shipment information, including cargo description, declared value, consignee details, shipment protection election, delivery instructions, and any additional service preferences. The information submitted in these forms shall constitute binding instructions from the Customer to SS and shall be relied upon by SS in the performance of its services.

2.7 “Air Waybill Number” (AWB): The carrier-issued tracking number associated with air freight shipments, which serves as the official contract of carriage between SS and the airline. For consolidated shipments, this number pertains to multiple customers and shall not be disclosed unless the Customer has booked an exclusive shipment.

2.8 “Sea Waybill”: The carrier-issued document used for ocean freight shipments that functions as a receipt for goods and evidence of the contract of carriage, but does not confer title to the goods or require presentation for delivery. Like the Air Waybill, the Sea Waybill may cover consolidated cargo involving multiple SS customers and shall not be disclosed unless the Customer has booked an exclusive container or shipment in their name.

2.9 “Order ID Number” or “Internal Tracking Number”: The unique number assigned by SS to each Customer’s shipment. This number allows the Customer to monitor their shipment’s progress and milestones through their SS account and acts as the Customer’s primary reference for all tracking and support purposes.

2.10 “Shipping Only”: Refers to a service where the Customer independently purchases and delivers goods to SS’s designated U.S. warehouse. SS is only responsible for the international transportation, customs clearance, and delivery of the shipment from the origin to the Customer’s chosen destination. SS does not purchase or inspect the goods on behalf of the Customer and assumes no responsibility for the condition, authenticity, legality, or accuracy of the goods received.

2.11 “Buy & Ship”: Refers to a procurement and logistics service where SS, upon the Customer’s request and payment, purchases specified goods from third-party vendors, and arranges for their international shipping and delivery to the Customer. SS acts solely as an agent in procuring the items and is not responsible for the quality, authenticity, suitability, or warranty of the goods. The Customer remains liable for all costs, including purchase price, shipping fees, duties, taxes, and any return or exchange costs unless otherwise agreed in writing.

3. Scope of Services

3.1 The Company acts strictly as an agent of the Customer when arranging transportation and related services. SS does not act as a carrier unless explicitly stated in writing.

3.2 The Company may, on behalf of the Customer:

a. Select and engage carriers for the transport of goods;

b. File customs, export, and regulatory documentation;

c. Provide ancillary services including packaging, warehousing, and storage.

3.3 For all services outside of the arrangement of transport, SS shall operate as an independent contractor.

3.4 Orders must be submitted in writing and must contain all required shipment information, including:

a. Description, quantity, and value of the merchandise;

b. Packaging details and weight;

c. Names and addresses of shipper and consignee;

d. Destination and delivery instructions;

e. Any special instructions for customs or documentation.

3.5 Verbal orders must be promptly confirmed in writing (email, letter, or fax). Failure to confirm may result in delay or refusal of services at SS’s discretion.

3.6 SS reserves the right to refuse any service request without cause or liability.

4. Shipment and Delivery

4.1 Shipments may not be delivered to P.O. boxes or postal codes.

4.2 Customers may: a. Collect shipments directly from SS offices; or b. Request delivery to a designated address, in which case SS may use third-party courier services. All delivery costs shall be borne by the Customer.

4.3 SS may, at its sole discretion, offer alternative delivery options such as: a. Delivery on another day; b. Redirection; or c. Pickup at a local SS office.

4.4 If the shipment is deemed unacceptable under Clause 6, undervalued for customs, undeliverable, or refused by the recipient, SS shall attempt to return the shipment at the Customer’s expense. If unsuccessful, the shipment may be disposed of or sold without liability. SS may destroy items prohibited by law from being returned.

4.5 Storage of goods pending delivery or lien enforcement may occur at SS’s discretion and at the Customer’s risk and expense.

4.6 The Customer is responsible for providing labor and equipment for loading or unloading shipments. SS accepts no liability for damage during such assistance and shall be fully indemnified by the Customer.

4.7 If a shipment is collected by a third-party agent or courier sent by the Customer, SS is not liable for any loss or damage thereafter. Any insurance coverage arranged by SS becomes void upon handover.

5. Customer Obligations

5.1 The Customer is responsible for:

a. Providing accurate and complete shipment documentation;

b. Complying with all applicable import/export laws and regulations;

c. Ensuring goods are securely and appropriately packaged for transport;

d. Notifying SS of any goods requiring special handling, permits, or clearance.

5.2 Customers must check all orders upon receipt or collection. SS shall not be liable for missing or damaged items once the shipment has left SS premises.

5.3 The Customer must inspect all goods immediately upon delivery or collection. Any claim for loss, damage, shortage, or non-conformity must be made in writing and accompanied by photographic or documentary evidence. Claims are strictly limited to the following timelines:

a. For visible damage or discrepancy noted at delivery, the Customer must raise a written claim within 1 calendar day from the date of receipt;

b. For non-apparent loss or concealed damage, the Customer must raise a written claim within 2 calendar days from the date of delivery;

c. For total non-delivery, the Customer must notify SS within 3 calendar days from the expected delivery date;

d. In all cases, a complete written claim including all supporting evidence must be submitted within 7 calendar days, failing which the shipment shall be deemed delivered in full, in good condition, and accepted as such by the Customer.

Failure to comply with the above timelines shall constitute a full and final waiver of any claim. SS shall not be held liable for claims submitted beyond these periods or lacking sufficient evidence.

5.4 Unclaimed goods at the US warehouse will be disposed of after 60 days. In Nairobi, uncollected goods will be disposed of on the 61st day.

5.5 All information submitted through the Shipment Instruction Form shall be deemed accurate and complete as declared by the Customer. SS shall have no liability for any loss, delay, or additional charges resulting from incorrect, incomplete, or omitted information. The Customer shall bear full responsibility for all consequences arising from such inaccuracies.

5.6 The Customer acknowledges and agrees that the details displayed within their SS account, including but not limited to declared shipment value, item descriptions, consignee information, and selected service preferences, shall form part of the binding shipment documentation. SS shall not be required to reproduce such information on the invoice, and the Customer is solely responsible for reviewing their account to confirm the accuracy of such entries prior to shipment.

5.7 Only the instructions recorded through the Shipment Instruction Form or entered directly by the Customer in their SS account shall constitute official and binding shipping instructions. SS shall not be bound by, or liable for acting upon, instructions or requests submitted through other channels, including but not limited to email, phone, or verbal communication.

6. Unacceptable Shipments

6.1 A shipment is unacceptable if:

a. No customs declaration is made when required;

b. It contains items prohibited by law or regulation, including but not limited to counterfeit goods, animals, weapons, narcotics, or any item on SS’s Prohibited Items List;

c. It qualifies as hazardous material or dangerous goods under IATA, ICAO, ADR, or similar regulations, unless otherwise explicitly authorized in writing by SS;

d. It lacks proper labeling, packaging, or address information;

e. SS determines, at its sole discretion, that it cannot be safely or legally transported;

f. No declared shipment value is provided by the Customer.

6.2 SS may open and inspect shipments for security, regulatory, or safety purposes without notice.

6.3 Additional packaging or repackaging may be performed at SS’s discretion, with costs borne by the Customer. SS assumes no liability for delays or damages resulting from confiscation by authorities.

7. Quotations, Fees, and Payments

7.1 All quotations provided by SS for fees, freight charges, insurance premiums, or other services are for informational purposes only and subject to change without notice unless confirmed in writing.

7.2 No quotation is binding unless SS has agreed in writing to undertake the services at a stated rate and on agreed payment terms.

7.3 Unless otherwise agreed in writing, all fees and charges are:

a. Exclusive of VAT;

b. Due and payable in full prior to the physical release or presentation of the goods to the Customer, whether for collection or delivery;

c. Payable in U.S. Dollars, unless otherwise agreed by SS.

7.4 SS reserves the right to re-weigh, re-measure, or re-value shipments and to charge accordingly.

7.5 Charges are earned when goods are received by SS and are non-refundable.

7.6 The Customer remains liable for all fees and charges, regardless of third-party payment arrangements.

7.7 SS may charge a currency conversion premium where applicable and reserves the right to apply exchange rates it determines at its sole discretion.

7.8 Late payments are subject to:

a. Interest at a rate of 2% per month from the date of breach, which may include the date the invoice is issued, the date the shipment arrives at the destination, or another date as determined by SS in accordance with these terms;

b. Full indemnity recovery of legal or debt collection fees.

7.9 SS may revoke credit or service terms at its discretion.

7.10 Buy & Ship Orders cancelled within two hours of payment may be refunded. Cancellations after two hours but within 12 hours incur a 10% fee (max $35). No refund is granted for cancellations made after 12 hours.

7.11 For purchases made under the Buy & Ship service, the Customer acknowledges and agrees that SS will not provide original receipts or invoices issued by third-party vendors. Such documents may contain proprietary and confidential information belonging to SS or its suppliers, and are therefore not disclosed. As a procurement intermediary, SS shall issue its own receipt reflecting the transaction value and relevant order details for the Customer’s reference and record-keeping.

8. Insurance ("Shipment Protection")

8.1 SS refers to insurance coverage as "Shipment Protection." By using SS services, the Customer agrees to be bound by the terms of SS’s Shipment Protection Policy, which governs the availability, scope, and limitations of any such coverage.

8.2 SS has no obligation to insure any shipment unless requested in writing and confirmed in writing by SS.

8.2 The Customer bears all costs and premiums related to any insurance.

8.3 Insurance may be arranged through third-party insurers and is subject to their terms, including deductibles and coverage limits. SS may, at its discretion, self-insure all or part of the risk without notice to the Customer.

8.4 The declared insurance value must be entered on the BOL by an authorized SS employee. It cannot be altered after receipt of goods unless explicitly authorized in writing by the carrier.

9. Liability and Indemnification

9.1 SS’s liability is limited to a maximum of USD $100.00 per shipment, regardless of the nature or cause of the loss, including negligence.

9.2 SS shall not be liable for:

a. Consequential, incidental, or punitive damages;

b. Acts or omissions of third parties;

c. Losses due to insufficient or vague instructions;

d. Losses occurring at the Customer’s or Consignee’s premises;

e. Internal damage, concealed breakage, or losses involving inherently fragile items.

f. Any delay or failure in performance caused by third-party service providers, including carriers, warehouse operators, and customs authorities;

g. Any customs inspections, enforcement actions, holds, or regulatory delays;

h. Any additional costs, penalties, or losses incurred by the Customer as a result of delays in transit, customs processing, or other actions outside SS's direct control.

9.3 The Customer agrees to indemnify and hold SS harmless against all claims, damages, costs, penalties, and attorney fees arising from:

a. Breach of this Agreement;

b. Non-compliance with export or import laws;

c. Any misstatement or omission in provided documentation;

d. Personal injury or property damage arising from the Customer’s conduct or instructions.

9.4 Unless the Customer has exclusively booked and paid for an entire container or shipment in their own name, SS shall not be obligated to disclose Air Waybill numbers or Bills of Lading (Sea Waybills) issued by the carrier for consolidated shipments. Such documents contain confidential and proprietary information involving multiple SS customers.

9.5 The Customer acknowledges that SS assigns a unique internal tracking number (which may also be referred to as an Order ID number) to each shipment. This tracking number allows the Customer to monitor progress and milestones through their SS account. By logging into their account, the Customer can view all packages submitted for shipment or orders placed, along with real-time updates on status and delivery.

10. Claims and Dispute Resolution

10.1 The Customer must notify SS in writing of any claims for loss or damage within the timeframes outlined in Section 5.3. Failure to do so shall constitute a waiver of such claims.

10.2 Claims must be accompanied by all relevant supporting documentation, including photos, delivery receipts, invoices, and correspondence.

10.3 SS shall not be liable for any claims arising from:

a. Delays outside its control;

b. Goods inspected and accepted without timely reservation;

c. Failures to follow SS’s stated claims process.

10.4 Any dispute or claim arising out of or in connection with these Terms shall be resolved as follows:

a. The parties shall first attempt in good faith to resolve any dispute by negotiation between their respective authorized representatives;

b. If not resolved within 14 days, the parties agree to submit the matter to mediation facilitated by a mutually agreed third party;

c. If mediation fails, the dispute shall be finally resolved through binding arbitration conducted under the rules of the Chartered Institute of Arbitrators (Kenya Branch), with the arbitrator appointed by the Chairperson of the Law Society of Kenya. The Customer expressly waives any right to initiate proceedings in a court of law and agrees to submit to binding arbitration as the exclusive method of dispute resolution, to the fullest extent permitted by law.

d. For Customers based in the United States, SS reserves the right to require that any dispute be resolved through binding arbitration conducted in Los Angeles County, California, under the laws of the State of California. The Customer expressly waives any right to a jury trial or to initiate litigation in a court of law, to the fullest extent permitted by applicable law. The arbitration shall be conducted by a single neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA), and the language of the arbitration shall be English.

11. Inspection Rights

11.1 SS reserves the right to open, inspect, or scan any shipment at any time without notice for reasons of safety, security, customs compliance, or legal obligation.

11.2 Any additional packaging, sealing, or reinforcement deemed necessary by SS may be applied at the Customer’s expense.

11.3 SS is not liable for any delay, damage, or seizure arising from inspections carried out by government agencies or law enforcement.

12. Return Policy

12.1 The Company does not accept returns for any Shipping Only orders. For Buy & Ship orders, returns are only accepted if the wrong item is delivered, and the item is returned unused, unopened, and in original condition within 3 business days. Return requests outside this window will not be honored.

12.2 The cost of returning an item to the U.S. for repair, exchange, or warranty purposes must be borne by the Customer. SS does not offer Kenya-to-USA shipping services.

12.3 Returns are not accepted for purchases from unauthorized dealers, eBay sellers, or for used/refurbished items.

12.4 By accepting these Terms and Conditions, the Customer also acknowledges and agrees to be bound by the Company's Return Policy, which is incorporated herein by reference and available at: https://www.savostore.com/pages/return-policy

13. Force Majeure

13.1 SS shall not be liable for any delay, failure in performance, or loss or damage to goods due to circumstances beyond its reasonable control (“Force Majeure”), including but not limited to natural disasters, war, terrorism, civil unrest, labor strikes, governmental restrictions, or carrier-related delays.

13.2 In such events, SS’s obligations shall be suspended, and both parties shall use reasonable efforts to mitigate losses.

14. Governing Law and Jurisdiction

14.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

14.2 For U.S.-based Customers, Section 10.4(d) shall apply.

14.3 Any provision that conflicts with applicable law shall be deemed severed without affecting the validity of the remaining provisions.

15. Severability

15.1 If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16. Intellectual Property

16.1 All content, materials, documentation, and technology developed or used by SS in providing its services, including its website, forms, systems, and communications, shall remain the exclusive intellectual property of SS.

16.2 The Customer agrees not to copy, reproduce, republish, or use any SS intellectual property for commercial purposes without prior written consent.

16.3 Nothing in this Agreement shall be interpreted as transferring any intellectual property rights to the Customer.

17. Misuse of Services & Company Facilities

17.1 The Customer shall not share, distribute, or disclose the addresses or locations of any Savo Store facilities—including but not limited to warehouses, offices, or drop-off points—without explicitly identifying such locations as being owned, leased, or managed by Savo Store.
17.2 The Customer shall not, under any circumstances, share Savo Store facility addresses while falsely claiming to own, operate, or control such facilities. Any such misrepresentation constitutes a direct and material breach of these Terms and Conditions.
17.3 Savo Store reserves the right to investigate any actual or suspected violations of this section. The Company may take any action it deems appropriate in response to such violations, including but not limited to:

a. Suspending or terminating the Customer’s account,

b. Canceling any pending shipments or services, and

c. Pursuing legal remedies where applicable.
17.4 Savo Store may report any unlawful activity or suspected misconduct related to the misuse of its facility information or its services to law enforcement authorities, regulatory bodies, or other appropriate third parties.
17.5 To the extent permitted under applicable laws and in accordance with our Privacy Policy, Savo Store may disclose relevant customer information—including account profiles, email addresses, communication records, posted materials, IP addresses, and traffic data—to third parties in connection with investigations or enforcement actions under this section.

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Last updated: Dec 4th 2024

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