Holland Greentech Kenya Ltd

General

​• These Terms & Conditions apply to all offers, sales, and deliveries of products and services by Holland Greentech Kenya Ltd (“the Supplier”).​

​• By placing an order, the client (“the Buyer”) agrees to be bound by these Terms & Conditions, unless otherwise agreed in writing.

​• All agreements are subject to Kenyan law.

Scope of Products

​• These Terms & Conditions apply to all products and services supplied by Holland Greentech Kenya Ltd, including but not limited to:

​• Vegetable seeds

​• Biostimulants and nutrition products (e.g. Cropmax®)

​• Growing media (peat moss and related substrates)

​• Biological crop protection products

​• Greenhouses and protected cultivation solutions

​• Irrigation systems and related hardware

Orders, Quotations & Payment

​• All prices are quoted inclusive of VAT, unless otherwise stated in writing.

​• Quotations are valid for 30 days from the date of issue, unless otherwise agreed in writing.

​• Prices are based on prevailing exchange rates, freight, and import duties at the time of quotation. The Supplier reserves the right to adjust prices if these factors change significantly prior to delivery.

​• All products must be paid in full upfront, unless otherwise agreed in writing and indicated on the invoice.

​• If credit is extended, overdue accounts are subject to 1.5% interest per month, and the Supplier reserves the right to suspend or cancel future deliveries.

​• Title to the goods remains with the Supplier until full payment is received.

Delivery & Risk

​• Delivery times are indicative and not binding. The Supplier is not liable for delays caused by transport, customs, or other third parties.

​• Delivery is considered complete once the goods are handed over to the Buyer or a courier/transport company.

​• Transport and delivery risks transfer to the Buyer at the point of dispatch.

​• The Supplier’s delivery note or courier’s receipt shall serve as conclusive evidence of dispatch and delivery. Responsibility for loss, damage, or non-receipt passes to the Buyer upon handover to the Buyer or the courier. Any claim of non-delivery must be notified in writing within 7 days of the invoice date.

Product-Specific Conditions - Seeds

​• All seeds are supplied under the guarantee of the original breeder and are certified by KEPHIS or other relevant authorities where applicable.

​• The Supplier does not provide any guarantee beyond that of the original breeder/producer. The Buyer’s rights are limited to the guarantees provided by the breeder, which the Supplier shall make available on request.

​• The Supplier gives no warranty, express or implied, on germination rates, purity, varietal characteristics, crop performance, or yield. These outcomes depend on many external factors outside the Supplier’s control, including but not limited to soil fertility, weather, irrigation, crop protection, cultivation practices, and management decisions by the Buyer.

​• The Buyer is solely responsible for proper storage, handling, and use of seeds after delivery.

​• In the unlikely event that the Supplier is found liable for a proven defect directly attributable to the Supplier (e.g. wrong variety supplied or packaging error), such liability shall be strictly limited to the invoiced value of the seed lot concerned. No liability shall be accepted for consequential damages, replanting costs, or lost production.

Product-Specific Conditions - Biostimulants & Nutrition Products

​• Supplied in original sealed packaging.

​• Effectiveness depends on correct dosage, timing, crop conditions, and environment.

​• No guarantee of specific yield or results; liability is limited to the invoiced value of the lot.

Product-Specific Conditions - Growing Media

​• Supplied in original packaging.

​• Buyer is responsible for correct storage, handling, and use.

​• Liability limited to replacement of defective products or refund of the invoiced value.

Product-Specific Conditions - Biological Crop Protection Products

​• May include living organisms that must be handled strictly according to instructions (temperature, storage, application).

​• No liability is accepted for performance next to the guarantee of the manufacturer.

​• Liability limited to the invoiced value of the product.

Product-Specific Conditions - Greenhouses & Protected Cultivation Hardware

​• Supplied according to agreed specifications.

​• Installation and after-sales support only where explicitly included in the contract.

​• Structural performance depends on correct site preparation, installation, and maintenance by the Buyer.

​• Warranty (if applicable) only applies if installation is performed by Holland Greentech Kenya or an approved installer, and is limited to manufacturer’s conditions.

Product-Specific Conditions - Irrigation Systems & Related Hardware

​• Supplied according to specifications agreed with the Buyer.

​• Proper installation, use, and maintenance are the responsibility of the Buyer.

​• No liability is accepted for crop losses due to incorrect design, installation, or operation.

​• Warranty is limited to manufacturing defects, subject to supplier conditions.

Claims & Complaints

​• The Buyer must inspect products upon delivery.

​• Visible defects or shortages must be reported in writing within 7 days of delivery.

​• Hidden defects must be reported within 30 days of delivery or discovery.

​• After these periods, no claims will be accepted.

​• In all cases, the Supplier’s liability is limited to replacement of the defective product or refund of the invoiced value, at the Supplier’s discretion.

Liability

​• The Supplier’s liability is strictly limited to the invoiced value of the products supplied.

​• The Supplier does not accept liability for indirect damages, crop losses, or consequential damages of any kind.

​• All guarantees are limited to those provided by the original manufacturer.

Force Majeure

​• The Supplier is not liable for delays, non-performance, or damages caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, transport disruptions, or government restrictions.

Disputes

​• Any disputes arising from these Terms & Conditions shall first be attempted to be resolved amicably.

​• If no resolution is reached, disputes will be settled under the jurisdiction of the Kenyan courts.