Terms Of Use - Sparrow Networks

Your registration to our trading system is free of charge. There is no entitlement to admission to our trading system. Only registrered companies  with unlimited legal capacity are entitled to participate. At our request, you must send us a copy of your identity card or state your VAT ID number and document your registration. The data required for registration must be provided by you completely and truthfully. When registering, you choose a password. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.

Apart from declaring your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can delete your entry at any time under "My Account". Simply by registering with us, you are under no obligation whatsoever to purchase any of the goods offered by us.

If your personal details change, you are responsible for updating them yourself. All changes must be notified to us in writing by e-mail  at info@sparrownetworks.co.ke

During delivery the Buyer shall inspect the packaging for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage the Buyer must clearly mark the goods received as ‘damaged' on the delivery receipt document before signing. The Buyer shall then notify the Seller within 24 hours.

To avoid ambiguous situations, the Buyer must inspect the Goods upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are damaged or defective. Goods that are defective or do not comply with any part of the Contract, must be reported to the Seller within 48 hours of delivery with appropriate pictures of any defects. Where we are requested to deliver to a warehouse it will be the Buyer's responsibility to ensure the goods are fully checked in line with our notice period. We do not accept damage claims that may have resulted from mishandling of the product, or during installation. We do not accept damage claims once the product has been moved to a different location from the point of delivery, has been assembled, or has been installed. Any damage must be reported to us before assembly and installation. 

Where a claim of defect or damage is made then it shall be the responsibility of the Seller to either collect the faulty Goods and give the Buyer replacement Goods, or the Buyer will will do its best to repair or replace the faulty part. If neither of the above is possible, the damaged/defective Goods will be collected and a full refund for the damaged Goods only (including delivery costs, if applicable) will be made. The Seller will not be held responsible for any loss or costs caused to the customer. Should the reported fault on a returned item be related to incorrect installation of an item, or failure to adhere to assembly instructions, the seller reserves the right to charge a restocking fee for the goods. 

Goods to be returned must be fully re-packaged and sealed in the original packaging format clearly showing the order number obtained from the Seller. Please ensure that the persons unwrapping the goods are very careful and keep the inner and outer wrapping of the original packaging intact. 

Goods to be returned must be available for the Seller to collect between the hours of 09.00 to 17.00 Monday to Friday at the address of the original delivery.

Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.

 WARRANTY 

• Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 12 months from the date of delivery, subject to the following conditions:
  • the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
  •  the defect being due to the faulty design, materials or workmanship of the Seller.
• Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer's expense, if so requested by the Seller.
• Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
• The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
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• LIMITATION OF LIABILITY 
  
  
  • Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
  • Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
    
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•  FORCE MAJEURE 

The Seller 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 but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

• RELATIONSHIP OF PARTIES 

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

•  ASSIGNMENT AND SUB-CONTRACTING 

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

•  WAIVER 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

• SEVERABILITY 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

• INTELLECTUAL PROPERTY AND RIGHT TO USE IT 

The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller's literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

• WEBSITE USE AND LINKS 
  
  
  • Access to and use of the Sellers websites are subject to these Terms and Conditions. The Buyer agrees that use of these website services is entirely at the risk of the Buyer.
  • By using the Sellers websites the Buyer agrees not to attempt to undermine the web site's functionality and integrity
  • The Sellers websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.