1. General
Estech Limited is a distinguished IT company, serving as an authorized and certified partner, reseller, and distributor of the products and services it offers. It procures products directly from resellers, distributors, and manufacturers, ensuring quality and authenticity. While our primary model is order-based sales, we also maintain inventory of select products for immediate availability, catering to the dynamic needs of our customers.
2. Order Placement and Payment
2.1 For new customers, payments shall be made upfront or on delivery through mobile banking, direct bank deposit, or cash.
2.2 All orders are subject to acceptance by Estech Limited. Estech Limited reserves the right to cancel or refuse any order at its discretion.
2.3 Estech Limited may require additional verification or information before accepting any order.
3. No Refunds or Order Cancellations
3.1 No refunds or order cancellations will be accepted unless a wrong product is supplied or the product is Dead on Arrival (DOA). In such cases, customers must report the issue the same day of delivery.
3.2 Estech Limited reserves the right to inspect and verify the condition of the returned product before issuing a replacement or refund.
4. Ownership and Risk
4.1 Goods remain the property of Estech Limited until fully paid for.
4.2 Risk of loss or damage to the goods shall pass to the customer upon delivery.
5. Supply Only, No Installation
5.1 Supply only purchases from Estech Limited do not include installation services. Customers are responsible for the installation of the products.
6. Warranty and Repairs
6.1 Warranty Clause for New products
Estech Limited warrants that brand new product(s) purchased will be free from defects in materials and workmanship under normal use for a period of 1 year from the date of purchase, or as specified by the distributor or manufacturer. If a defect arises and a valid claim is received within the warranty period, Estech Limited, its distributors, or the manufacturer, will, at their option, either (1) repair the defect at no charge, or if unrepairable, (2) exchange the product with a similar product or a product that is functionally equivalent to the original product.
Exclusions: This warranty does not cover problems or damage resulting from:
- (a) Accident, abuse, misapplication, or any unauthorized repair, modification, or disassembly.
- (b) Improper operation or maintenance.
- (c) Use of any parts not supplied by Estech Limited, its distributors, or the manufacturer.
- (d) Normal wear and tear.
- (e) Exposure to extreme environmental conditions including, but not limited to, extreme temperatures, humidity, or prolonged exposure to sunlight.
- (f) Damage caused by natural disasters such as floods, earthquakes, or lightning.
- (g) Improper packaging or handling during shipment by the customer.
- (h) Electrical surges or power fluctuations.
- (i) Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.
- (j) Damage caused by third-party accessories or software.
- (k) Use of the product outside its intended purpose or specifications.
- (l) Failure to follow the product instructions or warnings.
- (m) Damage resulting from unauthorized modifications or alterations to the product.
- (n) Damage caused by liquid spills or immersion in liquids.
- (o) Damage due to the installation of incorrect or incompatible software, hardware, or firmware.
- (p) Performance issues caused by network settings or internet service provider conditions.
- (q) Malware, viruses, or other software-related issues.
- (r) Theft, loss, or disappearance of the product.
- (s) Any damage resulting from attempts to open, repair, or modify the product by anyone other than authorized service personnel.
- (t) Damage caused by any external causes, including but not limited to fire, dust, dirt, and sand.
- (u) Defects or damages resulting from the use of the product in a manner other than its normal and customary manner.
- (v) Any product with a serial number that has been removed, altered, or defaced.
- (w) Failure to comply with environmental regulations regarding disposal and recycling of electronic waste.
- (x) Any other problems or damages not listed but mentioned in the distributor's and manufacturer's warranty clauses.
- (y) Accessories of the products including but not limited to: Chargers and Power Adapters, Batteries, Cables, Protective Cases, Screen Protectors, Docking Stations, External Hard Drives, Memory Cards, Keyboards and Mice, Stylus Pens, Cooling Pads, Laptop Stands, Webcams, Wireless Dongles, Toner/Ink Cartridges, Printer Paper/Cables/Stands, Maintenance Kits, Drum Units, Print Heads, Rollers, Fuser Units, RAM Modules, Hard Drives (HDD/SSD), RAID Controllers, Network Interface Cards (NICs), Cooling Fans, Rack Mount Kits, UPS, Backup Tapes, Cable Management Accessories, Monitor Stands, Wall Mounts, Monitor Calibrators, Monitor Hood/Shade, Audio Speakers, Graphic Cards, Power Supplies, Cooling Systems, Computer Cases, etc, which are not included under warranty and are subject to being repaired or replaced at the customer's cost.
- (z) Any damage or defect resulting from the use of counterfeit or non-genuine parts or accessories.
To obtain warranty service, you must deliver the product, at your expense, to an Estech Limited service facility or an authorized distributor service facility during the warranty period. A dated proof of purchase may be required to verify warranty eligibility. This warranty is non-transferable and applies only to the original purchaser. No replacement or backup products will be issued during the time a faulty item is being fixed or repaired or awaiting replacement. No refund or credit will be issued.
The period of repair will depend on the extent of damage and can vary from a day to several months, as replacement parts may need to be imported. The period of replacement of a complete unit will depend on availability and can also vary from a day to several months, as replacement units may need to be imported.
The warranties and remedies set forth herein are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, express or implied. Estech Limited, its distributors, and the manufacturer specifically disclaim any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. No Estech Limited reseller, agent, distributor, or employee is authorized to make any modification, extension, or addition to this warranty.
6.2 Warranty Clause for Refurbished Products
Estech Limited, while having thoroughly tested refurbished product(s), clarifies that no warranty is provided for refurbished products and their accessories.
All repairs for refurbished products and accessories will be charged, and the customer will be responsible for any delivery expenses incurred to and from the service facility.
To obtain repair services, you must deliver the product and or accessory, at your expense, to an Estech Limited service facility or an authorized distributor service facility. A dated proof of purchase may be required to verify eligibility for repair services.
The terms and conditions set forth herein are exclusive and in lieu of all other terms and conditions, whether oral or written, express or implied. Estech Limited, its distributors, and the manufacturer specifically disclaim any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. No Estech Limited reseller, agent, distributor, or employee is authorized to make any modification, extension, or addition to these terms.
7. Product Descriptions
7.1 Estech Limited strives to provide accurate and up-to-date information regarding product descriptions, specifications, and pricing. However, Estech Limited does not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.
7.2 In the event of any discrepancies between the product description and the actual product, Estech Limited will work with the customer to resolve the issue to the best of its ability.
8. Pricing and Availability
8.1 All prices are subject to change without notice.
8.2 Estech Limited reserves the right to limit the quantity of products available for purchase.
8.3 Estech Limited will make every effort to ensure the availability of products but does not guarantee that all products will be in stock at all times.
9. Limitation of Liability
9.1 Estech Limited shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the products sold.
9.2 Estech Limited's total liability shall not exceed the purchase price of the product.
10. Privacy and Data Protection
10.1 Estech Limited is committed to protecting the privacy of its customers. Personal information collected during the order process will be used solely for the purpose of fulfilling orders and providing customer service.
10.2 Estech Limited will not share, sell, or disclose personal information to third parties without the customer's consent, except as required by law.
11. Governing Law
11.1 These terms and conditions shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
12. Changes to Terms and Conditions
12.1 Estech Limited reserves the right to modify these terms and conditions at any time. Customers are advised to review the terms and conditions regularly.
13. Intellectual Property
13.1 All content, trademarks, logos, and intellectual property displayed on the Estech Limited website are the property of Estech Limited or its respective owners.
13.2 Customers are prohibited from using any content, trademarks, or logos without the express written consent of Estech Limited.
14. Customer Support
14.1 Estech Limited provides customer support through various channels, including phone, email, and online chat.
14.2 For any inquiries or concerns, please contact Estech Limited at [Contact Information].
15. Force Majeure
15.1 Estech Limited shall not be liable for any delays or failure to perform its obligations under these terms and conditions due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or governmental actions.
16. Shipping and Delivery
16.1 Estech Limited will make every effort to ensure timely delivery of products. However, delivery times are estimates and not guaranteed.
16.2 Estech Limited shall not be liable for any delays in delivery due to unforeseen circumstances or events beyond its control.
17. Customer Obligations
17.1 Customers are responsible for providing accurate and complete information when placing an order.
17.2 Customers must ensure that the delivery address provided is accessible and safe for the delivery of the product.
18. Product Use and Safety
18.1 Customers must use the products in accordance with the manufacturer's instructions and guidelines.
18.2 Estech Limited shall not be liable for any damage or injury resulting from misuse or improper use of the products.
19. Technical Support
19.1 Estech Limited may offer technical support for certain products. Technical support services are provided on an "as-is" basis and without warranties of any kind.
19.2 Estech Limited reserves the right to limit or discontinue technical support services at any time.
20. Third-Party Links
20.1 The Estech Limited website may contain links to third-party websites. Estech Limited is not responsible for the content or practices of any third-party websites.
20.2 Customers access third-party websites at their own risk.
21. Indemnification
21.1 Customers agree to indemnify and hold Estech Limited harmless from any claims, damages, losses, liabilities, and expenses arising from their use of the products or violation of these terms and conditions.
22. Fraud Prevention
22.1 Estech Limited reserves the right to take appropriate measures to prevent and detect fraud, including but not limited to verifying customer information and monitoring transactions.
23. Return Policy
23.1 Returns for brand new products will be accepted only in cases of wrong product supply or Dead on Arrival (DOA) products.
23.2 Returned products must be in their original packaging and condition, accompanied by proof of purchase.
24. Product Availability
24.1 Product availability is subject to change without notice. Estech Limited does not guarantee the availability of any product at any given time.
24.2 Estech Limited reserves the right to discontinue any product at its discretion.
25. Order Fulfillment
25.1 Estech Limited will make every effort to fulfill customer orders promptly. However, order fulfillment times may vary based on product availability and other factors.
25.2 Estech Limited shall not be liable for any delays in order fulfillment due to circumstances beyond its control.
26. Communication
26.1 Estech Limited may communicate with customers through various means, including email, phone, and SMS.
26.2 Customers agree to receive communications from Estech Limited regarding their orders and related information.
27. Promotional Offers
27.1 Estech Limited may offer promotional discounts and offers from time to time. Promotional offers are subject to specific terms and conditions.
27.2 Estech Limited reserves the right to modify or discontinue promotional offers at any time without notice.
28. Dispute Resolution
28.1 In the event of any disputes arising from these terms and conditions, both parties agree to seek resolution through amicable negotiations.
28.2 If a resolution cannot be reached, the dispute shall be resolved through arbitration in accordance with the laws of Kenya.
29. Severability
29.1 If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
29.2 The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent.
30. Entire Agreement
30.1 These terms and conditions constitute the entire agreement between Estech Limited and the customer and supersede all prior agreements, understandings, and representations.
31. Warranty for Installed Products and Services (CCTV, Biometrics, Networking)
31.1 Installation Workmanship Warranty
Estech Limited warrants that installation services for CCTV, biometrics, access control, and networking systems shall be performed in a professional manner for a period of 30 days from the date of completion. If a valid claim regarding defective workmanship is received within this period, Estech Limited, at its sole discretion, may rectify the installation defect at no charge. Estech Limited reserves the sole right to determine whether any defect is attributable to its workmanship.
31.2 No Warranty on System Integration or Performance
Estech Limited makes no warranty that installed systems will operate error-free, uninterrupted, or in accordance with the customer's specific operational expectations. The customer acknowledges that system performance depends on numerous factors beyond Estech Limited's control, including site conditions, power quality, network infrastructure, and third-party equipment.
31.3 Absolute Exclusions for Installed Systems
Notwithstanding any other provision, this installation warranty is void, and Estech Limited shall have no liability, for any issue, damage, or failure arising from:
- (a) Any equipment, accessories, or components not supplied by Estech Limited.
- (b) Any modifications, reconfigurations, relocations, or adjustments made by the customer or any third party after installation.
- (c) Customer-provided power sources, cabling, infrastructure, or telecommunications services.
- (d) Environmental conditions at the installation site, including but not limited to temperature, humidity, dust, or water exposure.
- (e) Normal wear and tear, cosmetic damage, or consumable parts.
- (f) Failure of the customer to provide accurate site information or to grant necessary access for installation.
- (g) Interference with or damage to the system caused by third-party contractors, employees, or end-users.
- (h) Any costs incurred by the customer for system downtime, loss of data, loss of business, or third-party claims.
31.4 Hardware Warranty Solely Manufacturer-Dependent
Hardware supplied as part of an installation (including cameras, biometric readers, networking gear, and access control panels) is warranted strictly and exclusively by the original manufacturer. Estech Limited passes through the manufacturer’s warranty but provides no independent hardware warranty. Any claims for hardware defects, replacements, or repairs must be directed to the manufacturer. Estech Limited may, at its sole discretion, assist the customer in facilitating a manufacturer claim, but shall bear no obligation or liability for the manufacturer's acceptance, denial, or delay in processing such claims.
32. Warranty for Cloud Computing Services
32.1 Services Provided "As-Is"
All cloud computing services are provided strictly on an "as-is" and "as-available" basis. Estech Limited does not warrant that the cloud services will be uninterrupted, error-free, secure, or meet any specific performance metrics. Estech Limited disclaims any implied warranty of availability, uptime, or performance.
32.2 No Service Level Guarantees or Service Credits
Estech Limited does not guarantee any specific uptime percentage or availability. Under no circumstances shall Estech Limited be liable to issue service credits, refunds, or any form of compensation for service unavailability, scheduled or unscheduled maintenance, outages, or degradation of service.
32.3 Exclusive Control Over Maintenance
Estech Limited reserves the unilateral right to perform scheduled or emergency maintenance on its cloud infrastructure at any time, with or without prior notice to the customer. Estech Limited shall have no liability whatsoever for any downtime, data loss, or service interruption resulting from such maintenance.
32.4 Broad Service Exclusions
Estech Limited shall bear no liability for any cloud service issues, failures, or data loss arising from:
- (a) The customer's own network, internet connectivity, or telecommunications services.
- (b) Hardware, software, or configurations not provided or managed by Estech Limited.
- (c) The customer’s failure to secure its own accounts, including weak passwords or compromised login credentials.
- (d) Security breaches, hacking, ransomware, malware, or unauthorized access, except to the extent directly caused by Estech Limited's gross negligence.
- (e) Acts or omissions of any third-party cloud infrastructure providers, data centers, or telecommunications carriers.
- (f) Any changes in applicable laws, regulations, or third-party licensing terms that affect service delivery.
32.5 Customer Data Backup Responsibility
The customer bears sole and exclusive responsibility for the regular backup of all data stored on Estech Limited's cloud platforms. Estech Limited shall not be liable for any loss, corruption, or unauthorized disclosure of customer data, regardless of the cause.
33. Warranty for Cybersecurity Services
33.1 Services Performed on a "Best Effort" Basis
Cybersecurity services (including vulnerability assessments, penetration testing, security audits, and managed security) are performed on a "best effort" and "commercially reasonable efforts" basis. Estech Limited does not warrant that any service will identify all vulnerabilities, threats, or risks, nor that any recommendations will fully secure the customer's environment.
33.2 No Guarantee Against Security Incidents
The customer expressly acknowledges and agrees that no cybersecurity service can provide absolute protection. Estech Limited shall bear no liability whatsoever for any security breach, data compromise, ransomware attack, unauthorized access, or any other security incident that occurs before, during, or after the provision of cybersecurity services.
33.3 Client Cooperation as a Condition
Estech Limited's ability to perform cybersecurity services is entirely contingent upon the customer's full, timely, and accurate cooperation. The customer shall:
- Provide complete and unrestricted access to all relevant systems, networks, and personnel.
- Implement all recommended security measures, patches, and mitigations without delay.
- Inform Estech Limited of any changes to the customer's infrastructure or threat environment.
Failure to comply with any of these obligations shall immediately and completely void any performance warranty and shall transfer all liability for any resulting security incidents to the customer.
33.4 Limitation on Remediation
In the event that a security vulnerability is identified, Estech Limited may, at its sole discretion, offer remediation assistance. Such assistance shall be subject to additional fees and is provided purely as a convenience. Estech Limited does not warrant that any remediation will fully eliminate the identified risk.
34. General Provisions for All Services (Cloud, Cybersecurity, CCTV, Biometrics, Networking)
34.1 No Implied Warranties
All services provided by Estech Limited are provided "as-is", and Estech Limited expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, and non-infringement.
34.2 Customer is Solely Responsible for Final Approval
The customer shall be solely responsible for inspecting, testing, and approving all deliverables, installations, configurations, and reports provided by Estech Limited. Acceptance of any service or deliverable shall constitute the customer's acknowledgement that the same meets their requirements and releases Estech Limited from any further obligation or liability regarding such service or deliverable.
34.3 Customer's Duty to Provide Safe and Suitable Site
For any on-site services (installations, surveys, or support), the customer warrants that the site is safe, accessible, and compliant with all applicable health, safety, and building regulations. The customer shall indemnify and hold Estech Limited harmless from any injury, damage, or loss suffered by Estech Limited personnel or their equipment while on the customer's premises.
34.4 Customer Must Back Up All Existing Systems
Prior to Estech Limited performing any services, the customer must back up all existing data, configurations, and software. Estech Limited bears no responsibility for any data loss, configuration corruption, or system downtime arising from the performance of services.
34.5 Entire Risk of Third-Party Services
Where Estech Limited utilizes third-party contractors, sub-processors, or service providers (including cloud data centers, telecommunication carriers, or logistics partners) to deliver services, Estech Limited acts solely as a reseller or intermediary and shall bear no liability for the acts, omissions, delays, or failures of such third parties.
35. Payment and Fees for Services
35.1 Payment Terms
All fees for services (including cloud subscriptions, installation, and cybersecurity engagements) shall be paid in full as follows:
- (a) For installation services: 50% deposit upon order acceptance, with the balance due immediately upon completion, prior to final system handover.
- (b) For cybersecurity engagements: 100% payable in advance.
- (c) For cloud services: Monthly or annual subscription fees are payable in advance and are non-refundable.
35.2 No Refunds or Cancellations for Services
Once services have commenced, no refunds or cancellations shall be accepted. The customer remains liable for the full contract amount even if services are partially performed or subsequently terminated.
35.3 Suspension of Services for Non-Payment
Estech Limited reserves the right to immediately suspend or terminate any services (including cloud access, support, or monitoring) without notice if any payment is overdue by more than 7 days. Reactivation of suspended services shall be subject to a reconnection fee, payable in advance.
35.4 Interest on Overdue Accounts
Any overdue amounts shall accrue interest at the rate of 2% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of full payment. The customer shall also reimburse Estech Limited for all costs incurred in collecting overdue amounts, including legal fees and collection agency costs.
36. Complete Limitation of Liability for All Services
36.1 Exclusion of Consequential Damages
Notwithstanding any other provision, in no event shall Estech Limited, its directors, employees, agents, or subcontractors be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, business interruption, or damage to reputation, arising from or relating to the provision or non-provision of any services, even if Estech Limited has been advised of the possibility of such damages.
36.2 Liability Cap
Estech Limited's total cumulative liability to the customer for any claims arising out of or related to these terms, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the total amount of fees actually paid by the customer to Estech Limited for the specific product or service giving rise to the claim.
36.3 Liability Cap Applies to All Causes
This limitation of liability is a comprehensive limitation that applies to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, misrepresentation, strict liability, and any other legal or equitable theory.
37. Indemnification by Customer
37.1 Broad Indemnity
The customer agrees to indemnify, defend, and hold harmless Estech Limited, its officers, directors, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:
- (a) The customer's use or misuse of any products or services provided by Estech Limited.
- (b) Any breach by the customer of these terms and conditions.
- (c) Any violation by the customer of applicable laws, regulations, or third-party rights.
- (d) Any security breach, data loss, or privacy violation involving the customer's systems or data.
- (e) Any injury, death, or property damage occurring on the customer's premises during or after the provision of services by Estech Limited.
- (f) Any third-party claims brought against Estech Limited in connection with the customer's operations, products, or services.
37.2 Defense Rights
Estech Limited shall have the exclusive right to select defense counsel and to control the defense and settlement of any claim subject to this indemnification clause. The customer shall fully cooperate with Estech Limited in the defense of any such claim.
38. Ownership and Intellectual Property
38.1 Retention of Estech Limited IP
All tools, methodologies, scripts, software, configurations, reports, documentation, and intellectual property developed, used, or provided by Estech Limited in the course of delivering services shall remain the sole and exclusive property of Estech Limited. The customer is granted a limited, non-transferable, non-exclusive license to use such deliverables internally only and for the specific purpose for which they were provided. This license may be revoked by Estech Limited at any time, with or without cause.
38.2 Ownership of Customer Data
Estech Limited acknowledges that the customer owns its underlying data. However, the customer grants Estech Limited a perpetual, irrevocable, royalty-free license to use, analyze, and aggregate anonymized data derived from the customer's use of services for the purposes of improving Estech Limited's service offerings, benchmarking, and statistical analysis.
38.3 No Unauthorized Use of Estech Limited IP
The customer shall not, and shall not permit any third party to, copy, reverse-engineer, modify, distribute, resell, sublicense, or create derivative works of any Estech Limited intellectual property without the prior express written consent of Estech Limited.
39. Termination of Services
39.1 Termination for Convenience by Estech Limited
Estech Limited may terminate any service agreement, for any reason or no reason, upon 7 days' written notice to the customer. Upon such termination, the customer shall pay all fees accrued up to the date of termination and shall have no claim for damages or compensation against Estech Limited.
39.2 Immediate Termination for Cause
Estech Limited may terminate services with immediate effect, without prior notice, if:
- (a) The customer fails to make any payment when due.
- (b) The customer breaches any material term of these conditions.
- (c) The customer engages in any fraudulent, abusive, or illegal activity.
- (d) Estech Limited reasonably believes that continued service poses a security or reputational risk to Estech Limited.
39.3 Customer's Obligations Upon Termination
Upon termination, the customer shall:
- (a) Immediately pay all outstanding fees.
- (b) Cease all use of Estech Limited's intellectual property and deliverables.
- (c) Return or certify the destruction of all Estech Limited confidential information.
- (d) Release Estech Limited from any further service obligations.
39.4 No Refund Upon Termination
The customer shall not be entitled to any refund, credit, or proration of fees upon any termination, regardless of the reason. Any prepaid fees are non-refundable.
40. Dispute Resolution
40.1 Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these terms, the products, or the services shall be resolved exclusively through binding arbitration in accordance with the Arbitration Act of Kenya. The arbitration shall be held in Nairobi, Kenya, and shall be conducted in the English language.
40.2 No Class Actions
The customer agrees that any arbitration or proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. The customer waives any right to participate in a class action or class arbitration.
40.3 Costs of Arbitration
Each party shall bear its own costs and expenses of arbitration; however, Estech Limited shall be entitled to recover its reasonable attorneys' fees, costs, and arbitration expenses if it is the prevailing party.
40.4 Interim Relief
Notwithstanding the arbitration clause, Estech Limited retains the right to seek interim or provisional relief, including injunctive or equitable relief, from any court of competent jurisdiction to protect its intellectual property, confidential information, or rights to payment.
41. Governing Law and Jurisdiction
41.1 Exclusive Kenyan Law
These terms and conditions, and all disputes arising herefrom, shall be governed exclusively by the laws of the Republic of Kenya. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
41.2 Exclusive Forum
The customer irrevocably submits to the exclusive jurisdiction of the courts of Kenya for any matter not subject to arbitration. Any legal action or proceeding shall be brought solely in Nairobi, Kenya, and the customer waives any objection based on forum non conveniens or lack of personal jurisdiction.
42. Force Majeure
42.1 Broad Force Majeure
Estech Limited shall not be held liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by any event beyond its reasonable control, including but not limited to:
- Acts of God, flood, fire, earthquake, or natural disasters.
- War, terrorism, riot, civil commotion, or acts of public enemies.
- Strikes, lockouts, or other industrial disputes (whether involving Estech Limited's workforce or any third party).
- Pandemics, epidemics, or public health emergencies.
- Power outages, telecommunications failures, or internet service disruptions.
- Supplier failures, logistics delays, or manufacturer backorders.
- Governmental actions, sanctions, embargoes, or changes in law.
If any such event occurs, Estech Limited may, at its option, either suspend performance or terminate the affected order or service agreement without any liability whatsoever to the customer.
43. Entire Agreement and Amendments
43.1 Entire Agreement
These terms and conditions (including all clauses added herein) constitute the entire and final agreement between Estech Limited and the customer regarding the subject matter hereof and supersede all prior agreements, proposals, representations, and understandings, whether written or oral.
43.2 No Waiver
The failure of Estech Limited to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
43.3 Unilateral Amendments by Estech Limited
Estech Limited reserves the absolute and unrestricted right to amend, modify, or update these terms and conditions at any time, without prior notice to the customer. Any such amendments shall take effect immediately upon being posted on the Estech Limited website or upon notification to the customer. The customer's continued use of Estech Limited's products or services following any amendment shall constitute the customer's acceptance of the amended terms.
43.4 Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
By engaging Estech Limited for any product or service, the customer acknowledges that they have read, understood, and unconditionally accepted these terms and conditions, as may be amended from time to time.
