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GENERAL TERMS OF SALE

  1. The client expressly waives their own standard general terms, even if these have been established after the present general terms of sale. To be valid, any derogation must be expressly agreed in writing in advance.

  2. Payment Terms
  3. Our invoices are payable within 21 working days, unless otherwise stated on the invoice or order. In the event of non-payment by the due date, Transformative Approach reserves the right to charge interest at a fixed rate of 10% per annum on the outstanding amount. Transformative Approach is entitled to suspend any service provision without notice in the event of late payment.

  4. If a payment remains unpaid for more than sixty (60) days after the due date, Transformative Approach reserves the right to engage the services of a collection agency. All associated legal and collection fees will be the responsibility of the client.

  5. Taxes and Withholding Tax
  6. Some countries apply withholding tax on the amount of invoices, in accordance with their domestic legislation. Such withholding tax will be paid by the client to the relevant tax authorities. Under no circumstances shall Transformative Approach be held liable for costs arising from the client's local tax legislation. The total amount of the invoice remains due to Transformative Approach, excluding any fees imposed by the legislation of the client's country.

  7. Provision of Services & Liability
  8. Transformative Approach is committed to using all its resources to provide effective services within the agreed deadlines. However, its obligations are obligations of means and not obligations of result. Under no circumstances shall Transformative Approach be compelled by the client to be involved as a third party in any action for damages brought against the client by a final consumer or a third party.

  9. Claims
  10. To be admissible, any claim must be notified to Transformative Approach by registered letter with acknowledgment of receipt sent to its registered office within 8 days following the delivery of the goods or the provision of the relevant services.

  11. Applicable Law & Jurisdiction
  12. All our contractual relationships shall be governed exclusively by the law of Kenya. Any dispute arising therefrom shall be under the exclusive jurisdiction of the courts of Kenya.