About
These Commercial Terms & Conditions (“Terms”) govern the supply of products, branded apparel, workwear, merchandise, design services, branding services, delivery services and related solutions by SOKEV LTD, trading as Sokev Studio (“Sokev”, “we”, “us” or “our”).
By requesting a quotation, accepting a quotation, placing an order, making a payment, approving artwork or specifications, accepting delivery, or otherwise engaging Sokev for goods or services, the customer (“Customer”, “you” or “your”) agrees to these Terms, together with the specific commercial terms stated in the applicable quotation, sales order, order confirmation, invoice or other written agreement issued by Sokev.
Where a specific written agreement expressly varies these Terms, that specific agreement will apply to the extent of the inconsistency..
About Sokev
Sokev Studio is the trading name of SOKEV LTD, a company operating in Kenya.
Our published business contact details are:
SOKEV LTD trading as Sokev Studio
P.O. Box 63865 – 00619, Muthaiga, Nairobi, Kenya
Email: help@sokevstudio.com
Telephone: +254 752 730 800
Our website is:
sokevstudio.com
The registered company name, rather than the trading name alone, will be used where identification of the legal contracting entity is required.
Scope of These Terms
These Terms may apply to the following, whether supplied individually or as part of a broader project:
- uniforms and workwear;
- corporate and staff apparel;
- hospitality and service wear;
- industrial and field workwear;
- healthcare apparel and related items;
- teamwear and branded apparel;
- promotional and corporate merchandise;
- employee and onboarding kits;
- event merchandise and branding;
- branded environments and campaign materials;
- artwork and design services;
- sourcing and procurement;
- product branding, printing, embroidery and related processes;
- packaging and preparation;
- delivery and logistics;
- repeat orders and replenishment;
- workwear management or related programmes;
- any other goods or services specifically agreed between Sokev and the Customer.
Not every service or capability is available for every order. The applicable quotation or order document will determine the actual scope.
Quotations
A quotation issued by Sokev is a commercial offer based on the information, quantities, specifications, assumptions and requirements available to Sokev at the time it is prepared.
Unless otherwise stated on the quotation:
- quotations remain valid for 14 days from their date of issue;
- a quotation does not reserve stock, production capacity, supplier capacity or delivery capacity;
- prices and availability may change after the quotation expires;
- a quotation may be withdrawn before acceptance where circumstances outside Sokev's reasonable control materially affect the proposed supply;
- changes to quantity, specification, product selection, artwork, branding, delivery requirements or other requirements may result in revised pricing or timelines.
Where a quotation states a different validity period, that period applies.
A quotation should not be treated as a guarantee that a particular product, material, colour, supplier or production method will remain available until an order is accepted.
Where applicable law imposes restrictions on estimates or price variations in a consumer transaction, those requirements will apply.
Acceptance and Formation of an Order
A Customer may accept a quotation or proposal by:
- signing or electronically approving it;
- confirming acceptance by email or another agreed electronic communication channel;
- making the required commitment payment;
- approving artwork or specifications where that approval is expressly requested as part of order confirmation;
- issuing an authorised purchase instruction where accepted by Sokev; or
- otherwise communicating acceptance in a manner that reasonably indicates an intention to proceed.
An order becomes binding when Sokev accepts the order and the applicable conditions for commencement have been satisfied.
Unless expressly agreed otherwise, payment of the required commitment amount constitutes an important condition for Sokev to commence production, procurement or other order-related work.
Sokev may decline, suspend or defer an order where:
- required information has not been provided;
- payment requirements have not been met;
- the requested goods or services are unavailable;
- the requested specifications cannot reasonably be fulfilled;
- the Customer has outstanding obligations;
- the order presents an unreasonable commercial, legal, technical or operational risk; or
- circumstances outside Sokev's reasonable control prevent commencement.
Order Documents and Contract Hierarchy
The Customer's transaction may involve several documents, including quotations, sales orders, order confirmations, invoices, delivery notes, receipts, artwork approvals, specifications, size schedules, emails and other written communications.
Unless expressly agreed otherwise, the following order of precedence applies where documents conflict:
- a separately negotiated and signed agreement;
- specific written terms expressly agreed for the particular order;
- the accepted quotation or proposal;
- the sales order or order confirmation;
- approved artwork, specifications and size schedules;
- these Commercial Terms & Conditions;
- the invoice, delivery note and receipt as transactional records.
An invoice, delivery note or receipt will not ordinarily replace or override the commercial terms governing the underlying order unless it expressly states that it does so.
Payment
Unless the quotation or other written agreement states otherwise, Sokev's standard commercial arrangement is based on a commitment payment before production or procurement begins, followed by settlement of the outstanding balance before release or delivery of the completed order.
Sokev may require:
- the standard commitment payment;
- full payment before commencement;
- full payment before dispatch;
- staged payments;
- or another payment arrangement,
depending on the nature, value, customization, urgency, procurement requirements, customer history or risk associated with the order.
The applicable quotation, invoice or order confirmation will state the payment arrangement for that particular transaction.
6.1 Payment does not automatically constitute acceptance of defective goods
Where payment has been made, this does not remove any statutory rights or remedies that may apply to defective, non-conforming or improperly supplied goods or services.
6.2 Outstanding balances
Where an outstanding balance is due before release or delivery, Sokev may withhold release or delivery until the applicable amount has been received.
Where a Customer delays payment, Sokev may also suspend further work and adjust the delivery timeline to account for the resulting delay.
Credit and Deferred Payment
Credit or deferred payment is not automatic.
Sokev may approve credit terms for particular Customers at its discretion.
Any approved credit arrangement must be confirmed in writing and will state the applicable payment period and conditions.
Unless expressly approved in writing, an order should not be treated as a credit transaction merely because the Customer has previously purchased from Sokev or has requested an invoice.
Sokev may withdraw or amend credit facilities where permitted by the applicable agreement.
Prices, Taxes and Additional Costs
The price applicable to an order is the price stated in the accepted commercial document.
Unless expressly stated otherwise, additional requirements introduced after acceptance may result in additional charges.
These may include costs arising from:
- quantity changes;
- product substitutions;
- specification changes;
- artwork revisions;
- additional design work;
- additional branding;
- special packaging;
- additional delivery requirements;
- changes in delivery location;
- expedited production;
- supplier or manufacturer changes;
- additional procurement requirements;
- rework caused by Customer-approved information;
- storage caused by Customer delay; or
- other work outside the original agreed scope.
Applicable taxes, duties, statutory charges and other legally required charges will be handled in accordance with Kenyan law and the applicable transaction.
Custom and Made-to-Order Products
Many Sokev products are customized, branded, made-to-order or procured specifically for a particular Customer.
Once Sokev has commenced production, customization, procurement or other irreversible order-related work, the Customer may not automatically cancel or materially change the order without consequence.
Where cancellation or modification is accepted, the Customer may be responsible for:
- work already completed;
- goods or materials already purchased;
- supplier or production commitments;
- design and preparation work;
- branding or customization already undertaken;
- non-recoverable third-party costs; and
- reasonable additional costs resulting from the change or cancellation,
subject always to applicable law.
Where the costs incurred exceed the commitment payment already made, Sokev may seek payment of the additional amount properly attributable to the Customer's cancellation or change, subject to the applicable agreement and law.
Changes to an Order
Once an order has been accepted, changes are subject to Sokev's approval.
A requested change may affect:
- price;
- production time;
- availability;
- delivery date;
- supplier arrangements;
- artwork;
- packaging;
- quantities;
- sizing;
- product specifications.
Sokev is not required to accept a requested change where the change is impractical, unavailable, commercially unreasonable or would materially disrupt production.
Any approved change should be confirmed in writing.
Custom and Made-to-Order Products
Many Sokev products are customized, branded, made-to-order or procured specifically for a particular Customer.
Once Sokev has commenced production, customization, procurement or other irreversible order-related work, the Customer may not automatically cancel or materially change the order without consequence.
Where cancellation or modification is accepted, the Customer may be responsible for:
- work already completed;
- goods or materials already purchased;
- supplier or production commitments;
- design and preparation work;
- branding or customization already undertaken;
- non-recoverable third-party costs; and
- reasonable additional costs resulting from the change or cancellation,
subject always to applicable law.
Where the costs incurred exceed the commitment payment already made, Sokev may seek payment of the additional amount properly attributable to the Customer's cancellation or change, subject to the applicable agreement and law.
Artwork, Proofs and Customer Approval
Where Sokev prepares artwork, mock-ups, layouts, branding specifications or production proofs for approval, the Customer is responsible for carefully reviewing the approved version.
The Customer should verify, where applicable:
- spelling;
- names;
- numbers;
- logos;
- trademarks;
- colours;
- artwork;
- dimensions;
- quantities;
- garment or product selection;
- branding position;
- branding size;
- wording;
- contact information;
- other supplied information.
Once artwork or specifications have been approved, Sokev may rely on that approval when commencing production.
Sokev remains responsible for material production errors caused by Sokev where the delivered product materially differs from the approved specification.
Sokev is not responsible for an error that was contained in Customer-approved artwork, information or specifications and was reproduced in accordance with that approval, subject to any rights that cannot lawfully be excluded.
Design and Intellectual Property
Unless otherwise agreed in writing:
12.1 Customer intellectual property
The Customer retains ownership of its existing:
- trademarks;
- logos;
- brand identities;
- photographs;
- proprietary content;
- confidential information;
- other intellectual property supplied to Sokev.
The Customer grants Sokev the permission reasonably necessary to use such material for fulfilling the relevant order.
The Customer represents that it has the necessary authority to provide such material to Sokev and authorise its intended use.
12.2 Sokev intellectual property
Sokev retains ownership of its pre-existing and independently developed:
- design systems;
- templates;
- processes;
- concepts;
- production methods;
- internal specifications;
- technical methods;
- proprietary systems;
- business methods;
- know-how;
- other intellectual property.
Unless expressly transferred in writing, payment for goods or services does not automatically transfer ownership of Sokev's underlying intellectual property.
12.3 Unpaid concepts and designs
Where a design, concept, artwork, creative direction or other intellectual property has not been paid for or otherwise expressly licensed to the Customer, the Customer must not reproduce, manufacture, distribute, commercialise or otherwise use it without Sokev's written permission.
12.4 Commissioned final artwork
Where the Customer has fully paid for specifically commissioned artwork and the applicable agreement provides for transfer or licence of that artwork, the Customer's rights will be governed by that agreement.
Artwork, Proofs and Customer Approval
Where Sokev prepares artwork, mock-ups, layouts, branding specifications or production proofs for approval, the Customer is responsible for carefully reviewing the approved version.
The Customer should verify, where applicable:
- spelling;
- names;
- numbers;
- logos;
- trademarks;
- colours;
- artwork;
- dimensions;
- quantities;
- garment or product selection;
- branding position;
- branding size;
- wording;
- contact information;
- other supplied information.
Once artwork or specifications have been approved, Sokev may rely on that approval when commencing production.
Sokev remains responsible for material production errors caused by Sokev where the delivered product materially differs from the approved specification.
Sokev is not responsible for an error that was contained in Customer-approved artwork, information or specifications and was reproduced in accordance with that approval, subject to any rights that cannot lawfully be excluded.
Customer-Supplied Products
Sokev generally does not accept Customer-owned products for printing, embroidery, alteration, branding or other processing unless Sokev has expressly agreed to do so in writing before the products are delivered to Sokev.
Where such an exception is approved, the parties should agree the relevant:
- condition of the products;
- quantity;
- process;
- acceptable risk;
- replacement value;
- turnaround time;
- liability arrangements.
Sokev will not automatically accept responsibility for defects, weaknesses, incompatibility, shrinkage, colour instability or other characteristics inherent in Customer-supplied products.
Product Selection and Specifications
The Customer is responsible for selecting products that are suitable for its intended use unless Sokev has expressly undertaken responsibility for product selection or suitability.
Where Sokev provides recommendations, those recommendations are based on the information provided by the Customer.
The Customer should communicate any specific operational, environmental, safety, performance, regulatory or other requirements before an order is accepted.
If a product is required to satisfy a particular technical, regulatory or industry standard, the applicable requirement must be expressly identified and agreed before production or procurement.
Product Variations and Manufacturing Tolerances
Products manufactured, printed, embroidered, dyed or otherwise customized may contain reasonable variations arising from normal production processes.
These may include reasonable variations in:
- colour;
- shade;
- texture;
- fabric;
- dimensions;
- stitching;
- embroidery;
- print appearance;
- material finish;
- packaging;
- supplier batch.
Digital screens, photographs and printed previews may also display colours differently from physical products.
Reasonable industry variations do not constitute a defect merely because they differ slightly from a digital representation.
However, Sokev remains responsible for material non-conformity with the agreed specifications, subject to applicable law.
Sizing and Measurements
Where the Customer supplies measurements, size quantities, employee lists or other sizing information, Sokev may rely on the information supplied.
The Customer is responsible for checking the accuracy and completeness of information it provides.
Where Sokev undertakes physical sizing, fitting or measurement, Sokev will exercise reasonable care within the agreed scope.
The Customer remains responsible for communicating any special fit requirements, medical or accessibility requirements, unusual measurements or other relevant information.
Normal manufacturer sizing tolerances and garment construction differences do not automatically constitute defects.
Production Timelines
Unless a different timeline is expressly agreed:
- ready orders are generally targeted for completion within 48 hours after all required conditions for processing have been satisfied;
- custom orders require a minimum of four days after all required payment, approvals, artwork, specifications and other information have been received.
These are operational lead times and not absolute guarantees unless a specific guaranteed delivery commitment has been expressly agreed in writing.
Lead times may be extended where delays arise from:
- late payment;
- late approval;
- Customer-requested changes;
- incomplete specifications;
- inaccurate information;
- unavailable products;
- supplier delays;
- transport disruption;
- force majeure;
- Customer unavailability;
- changes in delivery arrangements;
- regulatory or import requirements;
- events outside Sokev's reasonable control.
Where a particular deadline is critical to the Customer, the Customer should communicate this before the order is accepted.
Delivery and Collection
Delivery arrangements will be determined by the applicable quotation or order.
Sokev may arrange delivery using its own personnel, independent riders, couriers, logistics providers or other delivery partners.
Where Sokev arranges delivery, Sokev will exercise reasonable care in coordinating the delivery, subject to the circumstances and applicable law.
Where the Customer:
- collects the goods;
- sends its own rider;
- appoints its own courier;
- nominates a third-party delivery provider; or
- instructs Sokev to hand the goods to a nominated carrier,
the Customer is responsible for the carrier's onward handling and transportation once the goods have been properly handed over to the nominated person or carrier.
Sokev is not responsible for loss or damage occurring after such handover where that loss or damage was caused by the Customer's nominated carrier or otherwise occurred outside Sokev's control.
Delivery Information
The Customer is responsible for providing accurate delivery information, including:
- recipient name;
- telephone number;
- physical location;
- building or premises details;
- access instructions;
- operating hours;
- other information reasonably necessary for delivery.
If a delivery cannot be completed because of incorrect information, Customer unavailability, restricted access or other Customer-related circumstances, additional delivery arrangements or costs may apply.
Delivery Notes and Acceptance
A delivery note may be used to record:
- the items delivered;
- quantities;
- recipient details;
- date of delivery;
- condition of goods;
- outstanding items;
- delivery instructions;
- acceptance or acknowledgement.
A signature, electronic acknowledgement, OTP, email confirmation, message confirmation or other reasonable evidence of receipt may be used to record delivery.
Signing a delivery note generally confirms receipt of the stated goods and quantities, but does not remove statutory rights relating to defects or non-conformity that could not reasonably have been identified at delivery.
Inspection and Visible Issues
The Customer should inspect delivered or collected goods as soon as reasonably practicable.
Any visible:
- damage;
- shortage;
- incorrect item;
- incorrect quantity;
- obvious branding error;
- obvious specification error;
should be reported to Sokev within 48 hours of delivery or collection.
The Customer should provide reasonable supporting information, including photographs where relevant.
This 48-hour reporting period is intended to allow prompt investigation and resolution of visible issues and does not exclude rights that cannot legally be excluded, including applicable rights relating to latent defects or statutory protections.
Defects and Non-Conforming Goods
Where goods are defective or materially fail to conform to the agreed specification, Sokev may, depending on the circumstances and applicable law:
- repair the affected goods;
- replace the affected goods;
- correct the branding or production issue;
- provide an appropriate remedy;
- refund the affected amount where appropriate; or
- agree another reasonable solution.
The appropriate remedy will depend on:
- the nature of the issue;
- whether the issue is material;
- whether the goods can reasonably be corrected;
- whether the issue arose from Sokev or the Customer;
- whether the goods were customized;
- the applicable agreement; and
- applicable Kenyan law.
Nothing in these Terms is intended to exclude statutory warranties, conditions or remedies that cannot lawfully be excluded.
Inspection and Visible Issues
The Customer should inspect delivered or collected goods as soon as reasonably practicable.
Any visible:
- damage;
- shortage;
- incorrect item;
- incorrect quantity;
- obvious branding error;
- obvious specification error;
should be reported to Sokev within 48 hours of delivery or collection.
The Customer should provide reasonable supporting information, including photographs where relevant.
This 48-hour reporting period is intended to allow prompt investigation and resolution of visible issues and does not exclude rights that cannot legally be excluded, including applicable rights relating to latent defects or statutory protections.
Returns and Cancellations
Because many Sokev products are customized, branded or made specifically for the Customer, returns are not automatically available simply because the Customer changes its mind.
Where a return, cancellation or exchange is requested, Sokev will assess the request according to:
- the nature of the goods;
- whether the goods are customized;
- whether production has commenced;
- whether procurement has occurred;
- whether the goods can reasonably be resold;
- the reason for the request;
- the applicable agreement; and
- applicable law.
Nothing in this section limits statutory consumer rights.
Design Services
Where Sokev provides design services separately from production:
- the agreed scope will be determined by the applicable quotation;
- revisions may be limited to the number or scope agreed;
- additional revisions may constitute additional work;
- Customer delays in providing feedback may affect delivery timelines;
- approved designs may proceed to production;
- final files or editable source files will only be supplied where included in the agreed scope or separately agreed.
Design work already performed may remain chargeable where the Customer cancels or substantially changes the project after work has commenced, subject to the applicable agreement and law.
Customer Responsibilities
The Customer agrees to:
- provide accurate information;
- provide complete specifications;
- provide usable logos and artwork;
- obtain necessary intellectual property permissions;
- review and approve artwork;
- provide accurate quantities and sizing;
- make payments when due;
- provide timely instructions;
- provide reasonable access for delivery;
- inspect delivered goods;
- notify Sokev promptly of issues;
- cooperate reasonably in resolving production or delivery matters.
Sokev is not responsible for consequences arising directly from inaccurate, incomplete, misleading or delayed information supplied by the Customer.
Customer Delays
Where the Customer delays:
- payment;
- approval;
- artwork;
- specifications;
- sizing;
- delivery instructions;
- confirmation;
- access;
- other information reasonably required to complete the order,
Sokev may extend the applicable production or delivery timeline by a reasonable period.
Where the delay causes additional costs, Sokev may notify the Customer of those costs before incurring them where reasonably practicable.
Procurement and Third-Party Suppliers
Sokev may use manufacturers, printers, embroiderers, distributors, logistics providers, specialist contractors and other third-party suppliers to fulfil an order.
Sokev remains responsible for coordinating the agreed scope of its services, but is not responsible for circumstances genuinely outside its reasonable control.
Where a third-party manufacturer's warranty applies, Sokev may assist the Customer in pursuing an appropriate remedy.
Sokev may substitute a supplier, manufacturing method or equivalent product where reasonably necessary, provided that the substitute does not materially alter the agreed specification without the Customer's approval.
Where a particular brand, manufacturer or product has been expressly agreed, Sokev will not substitute it with a materially different alternative without appropriate notice and agreement, except where applicable law or the circumstances require otherwise.
Force Majeure and Events Outside Reasonable Control
Sokev will not be liable for delay or failure caused by events beyond its reasonable control.
These may include:
- natural disasters;
- severe weather;
- fire;
- flood;
- epidemic or pandemic;
- strikes or industrial action;
- transport disruption;
- supplier failure;
- manufacturing interruption;
- import or export restrictions;
- government action;
- changes in law or regulation;
- civil disorder;
- war or related disruption;
- major utility or communications failures;
- cyber incidents affecting essential systems;
- infrastructure failures;
- other events that could not reasonably have been prevented or overcome.
Where such an event occurs, Sokev may:
- extend the delivery period;
- temporarily suspend performance;
- propose an alternative product or process;
- agree revised specifications;
- cancel the affected portion of the order where performance has become impossible.
The parties will seek a reasonable solution where the disruption is prolonged.
Risk and Ownership
Unless otherwise agreed, Sokev retains ownership of goods to the extent permitted by law until the Customer has paid all amounts due for those goods.
Risk in the goods will be determined by the applicable agreement and Kenyan law.
Where goods remain under Sokev's control, Sokev will exercise reasonable care over them.
Where goods have been properly handed over to the Customer or the Customer's nominated carrier, responsibility for subsequent loss or damage will be determined in accordance with the agreed delivery arrangement and applicable law.
Nothing in this clause overrides mandatory statutory rules governing transfer of ownership or risk.
Work Retained by Sokev
Where the Customer has not paid for a design, artwork, concept, product, service or other deliverable, the Customer must not:
- use it commercially;
- reproduce it;
- manufacture from it;
- distribute it;
- provide it to another supplier for reproduction;
- publish it as its own;
- alter it for commercial use;
without Sokev's written permission, unless the Customer has an independent legal right to do so.
Payment for a particular deliverable may transfer or licence rights only to the extent expressly agreed.
Confidentiality
Sokev may collect and process personal information reasonably necessary to:
- communicate with the Customer;
- prepare quotations;
- process orders;
- produce and deliver goods;
- manage accounts;
- issue invoices and receipts;
- provide customer support;
- maintain transaction records;
- comply with legal obligations;
- protect Sokev's legitimate business interests.
Where personal information is processed, Sokev will handle it in accordance with applicable Kenyan data-protection law and its applicable privacy notice.
Customers should not provide personal information that is unnecessary for fulfilling an order.
Where the Customer supplies employee names, measurements, telephone numbers, delivery details or other personal information, the Customer is responsible for having the appropriate authority to provide that information to Sokev for the agreed purpose.
Photography, Portfolio and Marketing
Unless otherwise agreed in writing, the Customer grants Sokev permission to photograph and document completed work supplied by Sokev and to use those images and reasonable descriptions of the project for:
- Sokev's website;
- portfolio;
- case studies;
- social media;
- presentations;
- proposals;
- marketing;
- advertising;
- industry recognition;
- awards;
- other legitimate promotional purposes.
Sokev will not intentionally disclose confidential information merely by exercising this right.
Where a project is expressly identified as confidential or subject to a written confidentiality restriction, Sokev will respect the agreed restriction.
Third-Party Intellectual Property
The Customer must not request Sokev to reproduce, modify, manufacture or distribute material that infringes another person's intellectual property rights.
The Customer is responsible for ensuring it has the right to use logos, artwork, photographs, names, slogans, characters, trademarks and other protected material supplied to Sokev.
The Customer agrees to cooperate with Sokev in resolving any third-party intellectual-property complaint arising from Customer-supplied material.
Sokev may decline work where it reasonably believes the requested activity may infringe third-party rights or breach applicable law.
Compliance and Prohibited Requests
Sokev may refuse or suspend an order where fulfilling it would reasonably appear to:
- breach Kenyan law;
- infringe third-party rights;
- involve fraudulent activity;
- involve unlawful or prohibited goods;
- require deceptive representation;
- expose Sokev or its suppliers to unreasonable legal or safety risk.
Sokev may request additional information where necessary to verify the legitimacy or lawful purpose of an order.
Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
Subject to applicable law, Sokev will not be responsible for indirect, incidental, consequential or special losses arising from an order where such exclusion is legally permissible.
Examples may include loss of anticipated business opportunity, loss of reputation, loss of anticipated profits or other consequential commercial losses.
This does not remove responsibility for Sokev's own obligations or for remedies that the Customer is legally entitled to receive.
Where a direct loss is caused by Sokev's breach, Sokev's liability will be assessed according to the applicable agreement, circumstances and Kenyan law.
No Unauthorised Use of Sokev Materials
The Customer may not represent Sokev's designs, systems, documents, proposals, photographs, templates, concepts or other proprietary material as its own.
Sokev's proposals and designs may contain commercially sensitive information and must not be provided to competing suppliers for the purpose of obtaining substantially equivalent work without Sokev's permission, particularly where the material remains unpaid or is identified as confidential.
This does not prevent the Customer from using material it lawfully owns or is independently entitled to use.
Communications and Electronic Transactions
The parties may communicate and conduct transactions electronically.
This may include:
- email;
- electronic quotations;
- electronic invoices;
- electronic sales orders;
- electronic approvals;
- electronic artwork approvals;
- electronic delivery confirmations;
- electronic receipts;
- electronic signatures;
- messaging platforms where reasonably used for the transaction.
Electronic records and communications may form part of the contractual and evidentiary record of the transaction.
Kenyan law recognizes electronic records and electronic contracting in appropriate circumstances.
Authorised Customer Representatives
Where a Customer operates through an organisation, Sokev may reasonably rely on instructions received from a person who appears authorised to act for that organisation.
The Customer is responsible for controlling who is authorised to:
- request quotations;
- approve artwork;
- confirm quantities;
- approve specifications;
- place orders;
- request changes;
- accept delivery.
Sokev is not responsible for internal disputes between Customer representatives unless Sokev had actual knowledge that the representative lacked authority.
Delivery of Notices
Formal notices relating to an order should be sent to the contact details stated in the relevant commercial document or to:
Where appropriate, Sokev may also communicate through the Customer's established business email, telephone number or other agreed communication channel.
The parties should keep their contact information current.
Complaints and Resolution
If a Customer has a concern about an order, the Customer should first contact Sokev promptly and provide:
- the order or invoice reference;
- description of the issue;
- relevant photographs or evidence;
- delivery information;
- the remedy being requested.
Sokev will review the complaint and, where appropriate, propose a reasonable resolution.
Both parties should first attempt to resolve commercial disputes through good-faith communication.
Dispute Resolution
The parties will make reasonable efforts to resolve disputes through direct negotiation.
Where appropriate, the parties may agree to mediation before commencing court proceedings.
Nothing in this clause prevents a party from seeking urgent or legally necessary relief from a court.
Where a dispute cannot be resolved consensually, it may be referred to a court of competent jurisdiction in Kenya.
These Terms and the relationship between Sokev and the Customer are governed by the laws of Kenya.
Consumer Rights
Where the Customer is a consumer within the meaning of applicable Kenyan consumer-protection legislation, nothing in these Terms is intended to remove or reduce rights, warranties, conditions or remedies that cannot lawfully be excluded.
Where a provision of these Terms conflicts with a mandatory provision of Kenyan law, the mandatory legal provision will prevail to the extent of the conflict.
The Consumer Protection Act recognizes, among other things, statutory protections relating to the quality of goods and services and provides that provisions purporting to negate certain implied conditions or warranties are void.
Waiver
A failure or delay by Sokev to enforce a provision of these Terms does not constitute a permanent waiver of that provision.
A waiver should be expressly confirmed in writing where Sokev intends to waive a particular contractual requirement.
Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be limited or removed to the extent necessary, while the remaining provisions will continue to apply.
The invalidity of one provision does not automatically invalidate the entire agreement.
Assignment
The Customer may not transfer its rights or obligations under an order to another party without Sokev's written consent, except where such transfer is permitted by law or expressly agreed.
Sokev may use suppliers, contractors, manufacturers, couriers and other service providers to fulfil its obligations.
Entire Agreement
The applicable quotation, order documents, approved specifications and these Terms constitute the commercial understanding governing the relevant transaction, subject to any separately negotiated agreement.
The Customer should raise any material disagreement before accepting the quotation or placing the order.
Changes to These Terms
Sokev may update these Terms from time to time.
The version applicable to an order will generally be the version incorporated into or referenced by the relevant transaction at the time the order is accepted, unless the parties expressly agree otherwise.
Changes made after an order has been accepted will not automatically alter the agreed terms of that existing order.
Interpretation
Headings are included for convenience and do not affect interpretation.
Words in the singular include the plural where appropriate and vice versa.
References to written communication include electronic communication where permitted by law.
References to legislation include amendments, replacements and successor legislation where applicable.
Contact
SOKEV LTD trading as Sokev Studio
One Africa Building, Ring Road Westlands, Nairobi - Kenya
P.O. Box 63865 – 00619, Muthaiga, Nairobi, Kenya
Email:help@sokevstudio.com
Telephone: +254 752 730 800
Website: sokevstudio.com