These are the standard terms on which Kilima Commodities Ltd trades. The signed sales contract for each order takes priority over this page wherever the two differ.
1. Quotations
Prices follow the market. Unless a quotation states otherwise, it is valid for the period written on it and is subject to the goods remaining unsold. A quotation is not a contract until both parties sign a sales contract or pro forma invoice.
2. Price and delivery terms
Prices are quoted per metric tonne, kilogram or package as stated, on the Incoterm named in the quotation: EXW, FOB, CIF or local delivery. Import duties, taxes and clearance at destination are the buyer’s responsibility under all of these terms.
3. Payment
Payment terms are agreed per contract. Typical terms are an advance deposit with the balance against copies of shipping documents, or an irrevocable letter of credit from an acceptable bank. Goods are released, and original documents sent, once payment terms are met.
4. Quantity and quality
Quantities are subject to the tolerance stated in the contract, commonly plus or minus 5%. Specifications published on this website are typical values; the specification written into the contract is the one that binds.
5. Inspection
The buyer may appoint an independent inspection company to check weight and quality before loading, at the buyer’s cost. Where the contract provides for inspection at loading, the resulting certificate is final for weight and quality.
6. Shipment
Shipment windows are estimates that depend on vessel schedules, port conditions and, for seasonal crops, harvest timing. We tell the buyer promptly about any delay.
7. Documents
Each shipment is accompanied by a commercial invoice, packing list, bill of lading and certificate of origin, plus phytosanitary, fumigation, weight and quality certificates where the product or contract requires them.
8. Permits and restricted goods
Some products need export or import permits, and some cannot lawfully be shipped to some destinations. Every sale is conditional on the permits being granted.
9. Claims
Any claim about quality or quantity must be made in writing within the period stated in the contract, with photographs and an independent survey report. Goods under claim must be kept available for inspection.
10. Events beyond our control
Neither party is liable for delay or failure caused by events beyond its reasonable control, including weather, crop failure, strikes, port closures, government action and export restrictions.
11. Governing law
Unless the contract states otherwise, contracts are governed by the laws of the country in which Kilima Commodities Ltd is registered, and disputes are resolved as the contract provides.