Terms of Service

Please read these terms carefully before using our website or engaging our export services.

Last Updated: January 30, 2025

1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Buyer," or "you") and PRIMEROOTS LIMITED ("Company," "we," "our," or "us"), a company registered in Kenya, governing your use of our website primerootslimited.com and our fresh produce export services.

By accessing our website, submitting inquiries, or placing orders, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2 Company Information

Company Name:

PRIMEROOTS LIMITED

Registered Address:

JKIA Cargo Village, Unit 15
Nairobi, Kenya

3 Description of Services

PRIMEROOTS LIMITED is engaged in the business of:

  • Cultivation, sourcing, and export of premium fresh produce from Kenya
  • Supply of French beans, mangetout (snow peas), avocados, and fresh herbs
  • Quality assurance and compliance with international food safety standards
  • Logistics coordination including cold chain management and air freight
  • Documentation and phytosanitary certification for international trade

Our services are primarily directed at business-to-business (B2B) clients including importers, distributors, retailers, and food service companies.

4 Quotations and Orders

Quotations

  • All quotations are subject to availability and are valid for 7 days unless otherwise stated
  • Prices are quoted in USD, EUR, or GBP as specified and are subject to currency fluctuations
  • Quotations are based on information provided by the client and may be revised if requirements change
  • Prices do not include import duties, taxes, or fees in the destination country unless explicitly stated

Order Confirmation

  • Orders are confirmed only upon written acceptance by PRIMEROOTS LIMITED
  • A binding contract is formed when we issue an order confirmation or proforma invoice
  • Minimum order quantities may apply depending on the product and destination
  • We reserve the right to reject orders at our discretion

5 Pricing and Payment Terms

Pricing

  • • FOB, CIF, or CFR terms as agreed
  • • Subject to seasonal variations
  • • Market conditions apply

Payment Methods

  • • Bank transfer (T/T)
  • • Letter of Credit (L/C)
  • • As agreed in contract

Payment Terms

  • • New clients: 100% advance payment
  • • Established clients: As per agreement
  • • Late payments incur interest

Invoicing

  • • Invoice issued upon shipment
  • • Due as per agreed terms
  • • All bank charges borne by buyer

6 Delivery and Shipping

  • Shipping Method: Fresh produce is shipped via air freight with cold chain management to ensure product quality
  • Delivery Times: Estimated delivery times are provided in good faith but are not guaranteed due to factors beyond our control
  • Incoterms: Deliveries are made in accordance with Incoterms 2020 as specified in the order confirmation
  • Risk Transfer: Risk of loss or damage transfers to the buyer as per the applicable Incoterm
  • Documentation: We provide all necessary export documentation including phytosanitary certificates, certificates of origin, and airway bills

Important: Import clearance, duties, and compliance with destination country regulations are the responsibility of the buyer.

7 Quality and Product Specifications

We are committed to delivering high-quality products that meet international standards:

GlobalGAP Certified

Good Agricultural Practices

HACCP Compliant

Food Safety Management

MRL Tested

Maximum Residue Level Compliance

Full Traceability

Farm to Market Documentation

Product specifications (grade, size, packaging) are as agreed in the order confirmation. Natural variations inherent to fresh produce are not considered defects.

8 Claims and Returns

Claim Procedure:

  1. Inspection: Buyer must inspect goods immediately upon arrival at the destination
  2. Notification: Claims must be submitted in writing within 24 hours of delivery
  3. Documentation: Claims must include photographic evidence, temperature records, and official inspection reports
  4. Assessment: We will assess the claim and respond within 5 business days
  5. Resolution: Valid claims may result in credit, replacement, or partial refund at our discretion

Claims will not be accepted for issues arising from improper handling, storage, or delays at the buyer's end, or for natural deterioration of perishable goods.

9 Force Majeure

PRIMEROOTS LIMITED shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, adverse weather conditions, or crop failures
  • Pandemics, epidemics, or quarantine restrictions
  • War, terrorism, civil unrest, or government actions
  • Transportation disruptions, port closures, or airline cancellations
  • Export or import restrictions, embargoes, or sanctions
  • Labor disputes or strikes

In such events, we will notify the buyer promptly and work to find alternative solutions where possible.

10 Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim shall not exceed the value of the specific shipment in question
  • We shall not be liable for indirect, consequential, special, or punitive damages
  • We are not responsible for lost profits, business interruption, or loss of goodwill
  • Liability for perishable goods is limited to the documented value at the time of shipment

Nothing in these Terms excludes or limits liability that cannot be legally excluded or limited.

11 Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of PRIMEROOTS LIMITED and is protected by copyright and trademark laws.

You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

12 Confidentiality

Both parties agree to keep confidential all pricing, business terms, and proprietary information exchanged during the course of business. This obligation survives the termination of any business relationship.

13 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Dispute Resolution Process:

  1. Negotiation: Parties shall first attempt to resolve disputes through good faith negotiation
  2. Mediation: If negotiation fails, disputes shall be referred to mediation
  3. Arbitration: Unresolved disputes shall be settled by arbitration in Nairobi, Kenya under the rules of the Nairobi Centre for International Arbitration (NCIA)

14 Amendments to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. For existing contracts, the Terms in effect at the time of order confirmation shall apply.

We encourage you to review these Terms periodically for any updates.

15 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16 Contact Us

If you have any questions about these Terms of Service, please contact us:

PRIMEROOTS LIMITED

JKIA Cargo Village, Unit 15
P.O. Box 12345 - 00100
Nairobi, Kenya