01About these terms
These terms and conditions (“Terms”) govern your use of the Mshale Enterprises website and client portal, and, unless a separate written agreement says otherwise, the supply of goods and services by Mshale Enterprises Limited (“Mshale”, “we”, “us”, “our”), a company incorporated in Kenya under registration number [company registration number].
By using our website or placing an order with us, you agree to these Terms. If you are placing an order on behalf of an organisation, you confirm that you are authorised to bind that organisation. If a signed agreement, framework contract or purchase order accepted by us contains different terms, those terms take priority for that engagement.
02Using our website
You may use our website for lawful purposes only. You must not:
- Attempt to gain unauthorised access to our website, client portal, servers or data, or interfere with their operation, which may be an offence under the Computer Misuse and Cybercrimes Act, 2018.
- Introduce viruses, malicious code or any material that is harmful.
- Use the website to send unsolicited communications or to impersonate any person.
- Copy or scrape content from the website for commercial use without our written permission.
We aim to keep the website available and accurate, but we do not guarantee that it will always be available, uninterrupted or free of errors. Information on the website is general and does not form an offer unless we confirm it in a written quotation.
03Client portal accounts
Access to the client portal is given to approved clients. You are responsible for keeping your login ID and password confidential, and for all activity carried out under your account. Tell us immediately at info@mshaleenterprises.com if you believe your account has been accessed without permission. We may suspend or close an account that is used in breach of these Terms.
04Quotations and orders
- Quotations are based on the information you give us and on supplier prices, exchange rates, duties and freight costs at the date of the quotation. Each quotation states how long it remains valid.
- A contract is formed only when we accept your order or purchase order in writing, or when we begin to perform it.
- You are responsible for making sure that the specifications, quantities and delivery details you give us are complete and correct.
- Changes to an accepted order must be agreed in writing and may affect price and delivery dates.
- Where an order is cancelled after acceptance, you will pay for costs already incurred and commitments already made to suppliers that cannot reasonably be cancelled.
05Prices, taxes and payment
- Prices are stated in the currency shown on the quotation. Unless stated otherwise, prices exclude Value Added Tax and other applicable taxes and duties, which will be added at the rates in force under Kenyan law at the time of supply.
- We issue tax invoices in line with the requirements of the Kenya Revenue Authority.
- Payment terms, including any deposit, are set out in the quotation or agreement. Unless agreed otherwise, invoices are payable within [30] days of the invoice date.
- Where you are required by law to deduct withholding tax, you will provide the corresponding certificate promptly.
- We may suspend work or deliveries if payment is overdue, after giving you written notice.
06Delivery, risk and ownership
- Delivery terms, including any Incoterms rule, delivery location and estimated dates, are set out in the quotation or agreement.
- Delivery dates are estimates that depend on suppliers, shipping and customs clearance. We will keep you informed of any delays and do our best to limit them.
- Risk in the goods passes to you on delivery in line with the agreed delivery terms.
- Ownership of the goods passes to you once we have received full payment for them.
- You are responsible for providing access, permits and information needed for delivery to your site.
07Inspection, defects and returns
You should inspect goods on delivery and tell us in writing of any shortage, damage or non-conformity within [7] days of delivery, or within a reasonable time for defects that could not be found on inspection. Where goods are shown to be defective or do not meet the agreed specification, we will, at our option, arrange repair, replacement, or a refund or credit for the affected goods, and we will pass on to you the benefit of any manufacturer warranty.
Nothing in these Terms limits any rights you may have as a consumer under the Consumer Protection Act, 2012 or other Kenyan law that cannot be excluded by agreement.
08Intellectual property
The content of this website, including text, graphics, logos and design, belongs to Mshale or its licensors and is protected by the Copyright Act, 2001 and other laws. You may view and print pages for your own reference, but you may not reproduce, distribute or use our content or trade marks for commercial purposes without our written permission. Documents we prepare for you may be used for the purpose of the engagement for which they were prepared.
09Limitation of liability
- To the extent permitted by Kenyan law, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business or goodwill, arising from your use of the website or from any engagement.
- Our total liability under or in connection with an order is limited to the price paid for the goods or services concerned.
- Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded under Kenyan law.
10Events beyond our control
We are not responsible for delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, epidemics, war, civil unrest, strikes, port or border closures, government action, or failures of carriers and suppliers. We will notify you promptly and take reasonable steps to limit the effect. If the event continues for more than [60] days, either party may cancel the affected order by written notice.
11Ethics and compliance
We conduct business in line with the Bribery Act, 2016 and do not offer, give, request or accept bribes or improper payments. Where we supply to public entities, we comply with the Public Procurement and Asset Disposal Act, 2015 and the requirements of the procuring entity. We expect our clients, suppliers and partners to act in the same way, and we may end an engagement where we reasonably believe these standards have been breached.
12Privacy
We handle personal data in line with the Data Protection Act, 2019. Please read our Privacy Policy to understand how we collect and use personal data.
13Governing law and disputes
These Terms, and any contract formed under them, are governed by the laws of Kenya.
- If a dispute arises, the parties will first try to resolve it through good-faith discussion between senior representatives within 30 days of written notice of the dispute.
- If it is not resolved, either party may refer the dispute to arbitration in Nairobi under the Arbitration Act, 1995, before a single arbitrator agreed by the parties or, failing agreement within 14 days, appointed by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration will be conducted in English.
- Nothing in this section prevents either party from seeking urgent relief from the courts of Kenya.
14General
- If any part of these Terms is found to be invalid or unenforceable, the rest will remain in effect.
- A failure or delay in enforcing any right does not waive that right.
- You may not transfer your rights or obligations under an order without our written consent.
- Notices must be in writing and sent to the contact details in the quotation or agreement, or to info@mshaleenterprises.com.
15Changes and contact
We may update these Terms from time to time. The version on this page applies to your use of the website from the date it is published. Orders accepted before a change remain subject to the Terms in force when they were accepted. This version was last updated on 29 September 2026.
Questions about these Terms can be sent to info@mshaleenterprises.com or +254 (0) 722 360 757.