Please read these Terms carefully. By accessing our website or engaging our services, you agree to be bound by these Terms of Service. If you do not agree, do not use our website or services.
1. Definitions
- "Company", "we", "us", "our" — Kshama Engineering Limited
- "Client", "you", "your" — any person or business that uses our website or engages our services
- "Services" — import/export facilitation, freight forwarding, customs clearance, China sourcing, warehousing and international shipping services provided by the Company
- "Goods" — any products, merchandise or cargo handled on behalf of the Client
- "Site" — www.kshamaengineering.com
2. Acceptance of Terms
By using the Site or requesting a quote or engaging our Services, you confirm that you are at least 18 years old, have the legal authority to enter into a contract, and agree to these Terms. Where you act on behalf of a company, you confirm you have authority to bind that company.
3. Website Use
3.1 Permitted use
You may use the Site for lawful purposes only. You must not use the Site in any way that:
- Violates any applicable local, national or international law or regulation
- Is fraudulent, deceptive or harmful
- Transmits unsolicited commercial communications
- Introduces viruses, malware or other harmful code
- Attempts to gain unauthorised access to any part of the Site or its related systems
3.2 Accuracy of information
We take reasonable care to ensure the content on this Site is accurate and up to date. However, we make no warranty that the information is complete, accurate or current. Content is provided for informational purposes only and does not constitute legal, financial or trade advice.
4. Our Services
4.1 Service engagement
All service engagements are subject to a separate written agreement, quotation or purchase order. These Terms apply in addition to any such agreement. In the event of conflict, the specific service agreement prevails.
4.2 Quotations
All quotations are valid for 14 days from the date of issue unless stated otherwise. Freight rates are subject to availability and carrier surcharges at the time of booking. We reserve the right to revise quotations if material information changes.
4.3 Client obligations
You agree to:
- Provide accurate and complete information about your goods (description, HS codes, dimensions, weight, value)
- Ensure all goods are legal to import/export under applicable law
- Provide all required licences, permits and documentation on time
- Pay all fees, duties, taxes and charges promptly as invoiced
- Notify us immediately of any change to your goods or instructions
4.4 Prohibited goods
We will not knowingly handle goods that are prohibited or restricted under Ghanaian law or the laws of origin/destination countries. These include (but are not limited to) narcotics, counterfeit goods, weapons, endangered species products and hazardous substances without proper authorisation.
5. Payment Terms
- Invoices are due within 14 days of the invoice date unless agreed otherwise in writing
- Late payments attract interest at 2% per month on the outstanding balance
- We reserve the right to suspend services for accounts in arrears
- All prices are exclusive of applicable taxes (VAT, import duty, etc.) unless expressly stated
- Payment shall be made by bank transfer, mobile money or such other method as agreed
6. Liability and Limitations
6.1 Scope of liability
To the fullest extent permitted by law, our total aggregate liability to you for any claim arising from our Services (whether in contract, tort or otherwise) shall not exceed the fees paid by you to us for the specific service giving rise to the claim in the preceding 3 months.
6.2 Exclusions
We are not liable for:
- Delays caused by customs authorities, carriers or events beyond our control
- Loss or damage to goods caused by inadequate packaging provided by the Client
- Loss resulting from inaccurate information provided by the Client
- Indirect, consequential, special or punitive damages
- Acts of God, natural disasters, pandemics, war, strikes or government action
6.3 Cargo insurance
We strongly recommend that Clients arrange cargo insurance for all shipments. We can assist in arranging insurance at the Client's request and expense. In the absence of insurance, our liability for loss or damage to goods is limited to the lesser of the actual loss or the applicable carrier liability limit.
7. Intellectual Property
All content on the Site, including text, graphics, logos, icons and images, is the property of Kshama Engineering Limited and is protected by Ghanaian and international copyright and intellectual property law. You may not copy, reproduce, distribute or create derivative works without our prior written consent.
8. Confidentiality
Both parties agree to keep confidential all non-public information received from the other party in connection with the Services. This obligation does not apply to information that is publicly available, already known to the recipient, or required to be disclosed by law.
9. Termination
Either party may terminate a service engagement with 14 days' written notice. We may terminate immediately if you breach these Terms, fail to pay invoices, or if continuing the service would expose us to legal risk. Upon termination, all outstanding invoices become immediately due and payable.
10. Dispute Resolution
- Negotiation: Parties shall first attempt to resolve disputes by good-faith negotiation within 30 days of written notice of the dispute.
- Mediation: If negotiation fails, either party may refer the dispute to mediation under the Alternative Dispute Resolution Centre (ADRC) Ghana rules.
- Arbitration: If mediation fails within 60 days, the dispute shall be finally resolved by binding arbitration under the Ghana Arbitration Centre (GAC) rules. The seat of arbitration shall be Accra, Ghana. The language shall be English.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of Ghana. Subject to the dispute resolution clause above, the parties submit to the exclusive jurisdiction of the Ghanaian courts.
12. Amendments
We may update these Terms at any time. Changes will be posted on this page with a revised "Last updated" date. Your continued use of the Site or Services after any changes constitutes your acceptance of the new Terms.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with any specific service agreement and our Privacy Policy, constitute the entire agreement between us and supersede all prior agreements or understandings relating to the subject matter.
15. Contact
For any questions regarding these Terms, please contact us:
- Email: legal@kshamaengineering.com
- Address: Kshama Engineering Limited, Lakeside Estate, Community One, Accra, Ghana