Terms & Conditions

1. These terms

These terms are the contract between you (the buyer) and [SELLER OF RECORD] for any order placed through the-hub.ke. By placing an order you accept them. Where a signed consignment contract, proforma invoice or seasonal supply agreement says something different, that document prevails for that order.

These terms are governed by the laws of [GOVERNING LAW / JURISDICTION], and the parties submit to the courts of that jurisdiction. The governing law is marked as pending because the contracting and exporting entity is not yet settled; it will name a jurisdiction only once the owner has chosen one on advice.

2. What is being sold

The marketplace lists two kinds of goods:

• Domestic Kenyan produce and pantry lines, sold and delivered inside Kenya, priced in Kenyan shillings including VAT where it applies.
• Export lots, sold per consignment (a container, an air pallet or a stated weight of a named lot), priced in US dollars on a quoted Incoterm to a named discharge port.

A lot is a traceable unit of produce with its own lot code. What is sold is the lot described on the lot page and the proforma invoice: the commodity, the grade, the count or packed weight, the certificates and the lab values at the date of dispatch. Photographs and illustrations on the site are indicative of the commodity, not a warranty of the exact consignment.

3. How prices are set

Prices are set per market and per lot:

• Domestic: Kenyan shillings, inclusive of VAT where applicable, with delivery calculated at checkout.
• Export: US dollars, on the Incoterm and to the discharge port named on the lot and the proforma invoice. See the Trade Terms page for what each Incoterm includes.

An export price holds for [QUOTE VALIDITY PERIOD] from the date of the proforma invoice, or as stated on it. After that the lot is re-quoted. Export prices are not converted from the Kenyan shilling list price; each lot carries its own export price.

4. When an order becomes binding

• Domestic: an order is accepted when payment is confirmed (or, for pay on delivery, when the order is confirmed), and the goods are allocated to it.
• Export: the proforma invoice is an offer, not a contract. The order becomes binding when you confirm the proforma in writing and the deposit or full payment stated on it is received. Until then, stock can be re-allocated.

We may decline or cancel an order where the goods are no longer available, where an export certificate cannot be obtained, or where a sanction or export-control restriction applies. If we do, any payment received for that order is refunded.

5. Payment and non-payment

How each market pays is set out on the Payment Terms page. Where payment is due before dispatch or before documents are released and is not received within [PAYMENT DEADLINE DAYS] of the due date, we may cancel the order, release the allocation back to the market, and recover any documented costs already incurred, including freight, cold storage, inspection and certificate fees that cannot be recovered.

Late payment on agreed credit terms may suspend further credit and further orders until the account is brought up to date.

6. Delivery, risk and claims

Delivery, where risk passes, and how quality claims are made are set out on the Shipping & Delivery and Returns, Refunds & Claims pages.

7. Liability

To the extent the law allows, our liability for any order is limited to the value of that order. We are not liable for indirect or consequential loss, including loss of profit or loss of market, except where the law does not allow that limit. Nothing here excludes liability that cannot lawfully be excluded.

8. Changes to these terms

We may update these terms. The version that applies to your order is the version published when the order was placed. The date of the current version is shown at the top of this page.