Terms and Conditions

1. GENERAL

JOYKER AGENCIES KENYA Ltd (JAK Ltd) operates the website www.joycarkenya.com and joycar.co.ke (the site) in accordance with the following terms of use (terms). By using the site, you acknowledge you agree to these terms.

2. COPYRIGHT

Copyrights to all content on the site belong to JOYKER AGENCIES (K) LTD. Reproduction or use of content on the site is prohibited. However anything to POSITIVELY and LEGALLY promote the company can be shared.

3. OTHER AGREEMENTS

These terms govern all transactions except where JOYKER AGENCIES (K) LTD signs a separate written contract with you. If JOYKER AGENCIES (K) LTD signs a contract with you, that contract will prevail wherever that contract and these terms differ.

4. NON-ENGLISH TERMS

Only the English version of these terms is authoritative. Non-English translations when available are inoperative and intended only for convenience.

5. REGISTRATION

Customer account registration is required to make transactions. Registration is free. To register, you must provide JOYKER AGENCIES (K) LTD accurate, complete, and current information. JOYKER AGENCIES (K) LTD will not be liable for loss arising from wrong information.

6. PRICING AND SALE

Cars for sale and in Kenya are priced in Kenya Shillings. Cars for import are priced in United States dollars (USD), Great British Pounds (GBP), Japanese Yen (JPY) or the respective supplier country currency and, unless otherwise stated in writing are sold on Cost and Freight (CFR) or Free on Board (FOB) terms.

7. PAYMENT

Full or part payment is due five days after invoice issuance and is deemed paid on JOYKER AGENCIES (K) LTD’s receipt of your electronic funds transfer. For cars shipped on part payment, full payment is due seven days after the carrier’s sailing date. Bank charges and other transaction costs are not included in the invoice price and are payable by you.

8. DELIVERY AND SHIPPING

After full or part payment, JOYKER AGENCIES (K) LTD books shipping subject to carrier’s terms. The place of delivery is carrier’s facility. Risk passes to you on tender to the carrier. Carriers’ schedules are approximate, and JOYKER AGENCIES (K) LTD will not be liable for carrier delay, error, or non-performance. You must comply with applicable import law and procedure, including limits to car age, class, and drive side. JOYKER AGENCIES (K) LTD will not be liable for noncompliance or denied entry. On receiving shipment, JOYKER AGENCIES (K) LTD advises checking and refilling engine oil, radiator coolant, and other consumables.

9. DOCUMENTS

Original transportation documents are released and sent to you only after full payment. You must make timely full payment for processing and sending before shipment POD arrival. JOYKER AGENCIES (K) LTD will not be liable for loss arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or retained documents.

10. CLEARING AND REGISTRATION OF CARS.

For Kenyan Customers, your ID and PIN will be required for the clearance process at the port. You will be required to register with www.tims.ntsa.go.ke to facilitate registration of the vehicles.

11. NONPAYMENT AND CANCELATION

If you fail to pay JOYKER AGENCIES (K) LTD the full invoice price by seven days after the carrier’s sailing date, the car will be deemed unpaid, and you might forfeit any part payment. JOYKER AGENCIES (K) LTD is entitled to possession of and may resell a unpaid car. After JOYKER AGENCIES (K) LTD tenders a car to the carrier, the order becomes noncancelable.

12. SITE CONTENT

JOYKER AGENCIES (K) LTD exercises due care in posting information on the site; however, JOYKER AGENCIES (K) LTD makes no warranty of completeness, accuracy, validity, or safety thereof. JOYKER AGENCIES (K) LTD will not be liable for loss arising from decisions or actions taken by you reliant on information posted on the site.

13. NONPARTY PROVIDERS

You acknowledge non-party service providers, including banks and carriers, are not controlled by or related to JOYKER AGENCIES (K) LTD, and JOYKER AGENCIES (K) LTD will not be liable for loss arising from their use, to a car in non-party custody, or for non-party delay, error, or non-performance.

14. WARRANTY

JOYKER AGENCIES (K) LTD offers the site and cars as-is, and to the maximum extent permitted by law disclaims all warranties, including of fitness for purpose and merchantability, except descriptional correspondence. JOYKER AGENCIES (K) LTD warrants only that cars correspond to descriptions on the site. JOYKER AGENCIES (K) LTD will not be liable for disclosed car defects.

15. LIMITED LIABILITY

JOYKER AGENCIES (K) LTD will not be liable for more than the invoice price of the subject car(s); consequential, indirect, or punitive damages; or lost business, profit, or use.

16. INDEMNITY

You shall indemnify JOYKER AGENCIES (K) LTD for loss arising from your breach of these terms, negligence, wrongdoing, or violation of contract or third-party rights or law.

17. ANTICORRUPTION

JOYKER AGENCIES (K) LTD complies with the Kenyan Unfair Competition Prevention Act, OECD Convention on Combating Bribery of Public Officials, and other anti-corruption applicable law. Any contravening transaction of prohibited.

18. ANTI-SOCIAL FORCES

JOYKER AGENCIES (K) LTD maintains an internal compliance program to prevent anti-social transactions that includes screening business partners for anti-social affiliations and incorporating terms to exclude anti-social forces in sales and procurement contracts. Any contravening transition is prohibited.

19. SECURITY EXPORT CONTROL

JOYKER AGENCIES (K) LTD complies with domestic and international global security and anti-terrorism laws and regulations, including list controls and catch-all-controls to prevent WMD proliferation. Any contravening transition is prohibited.

20. MISCELLANEOUS

These terms constitute the entire agreement between you and JOYKER AGENCIES (K) LTD, and a forbearance in exercising or requiring satisfaction of a provision, act, omission, or course of dealing will not waive a right, remedy, or condition. If part of these terms is held unenforceable, the rest remains effective as written except where held unenforceable. These terms are governed and ad judicable by only the laws and courts of Kenya.

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