Definitions

“Seller” refers to the flower exporter based in Kenya.

“Buyer” refers to the customer purchasing flowers.

“Products” refers to all flowers and floral products supplied by the Seller.

Orders

All orders are subject to acceptance by the Seller.

Orders become binding upon written confirmation.

Any amendments or cancellations must be submitted in writing and may be subject to additional charges.

Pricing

Prices are quoted in the agreed currency and are subject to change without prior notice.

Prices exclude duties, taxes, import charges, and other fees unless otherwise stated.

Freight charges will be charged separately unless included in the quotation.

Payment Terms

New customers may be required to pay 100% in advance.

Approved customers may receive credit terms as agreed in writing.

Late payments may attract interest charges.

The Seller reserves the right to suspend deliveries for overdue accounts.

Quality Standards

Flowers shall be supplied according to agreed grades, stem lengths, and specifications.

Due to the perishable nature of flowers, slight variations in color, size, and bloom stage may occur.

Products shall comply with applicable phytosanitary and export requirements.

Inspection and Claims

Buyers must inspect products immediately upon arrival.

Any quality claims must be submitted within 24 hours of delivery, accompanied by photographs and relevant documentation.

Claims submitted after this period may not be accepted.

Delivery and Risk

Delivery shall be made according to the agreed Incoterms (FOB, CIF, CPT, etc.).

Risk transfers to the Buyer in accordance with the agreed Incoterm.

The Seller shall not be liable for delays caused by airlines, customs authorities, weather conditions, or other circumstances beyond its control.

Export Documentation

The Seller shall provide relevant export documents, including:

• Commercial Invoice
• Packing List
• Airway Bill
• Phytosanitary Certificate
• Certificate of Origin (where required)
• Any additional documents required by the importing country.

Compliance

The Buyer shall comply with all import regulations in the destination country.

The Seller shall comply with Kenyan export regulations and applicable international standards.

Where required, flowers shall be produced and exported under recognized certification schemes such as GLOBALG.A.P, MPS, or equivalent standards.

Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including:

• Natural disasters
• Government restrictions
• Epidemics or pandemics
• Airline disruptions
• Strikes or labor disputes

Limitation of Liability

The Seller’s liability shall not exceed the invoice value of the products supplied.

Governing Law

These Terms and Conditions shall be governed by the laws of Kenya.

Dispute Resolution

Any dispute arising from these Terms and Conditions shall first be resolved through negotiation. If unresolved, the dispute shall be referred to arbitration or the courts of Kenya.

Acceptance

Placement of an order constitutes acceptance of these Terms and Conditions.