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Legal

Terms of Service

The terms and conditions governing your use of the CUMA Engineering website and the purchase of our products and services.

Last updated: 1 July 2026

1. Introduction

Welcome to CUMA Engineering & Construction Ltd ("CUMA Engineering", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing our website, submitting a quote request, or purchasing any product or service from us, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, please do not use our website or services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website following any changes constitutes acceptance of the new Terms.

2. Definitions

  • "Company", "we", "us", "our" — CUMA Engineering & Construction Ltd, a company registered in Kenya.
  • "Customer", "you", "your" — Any individual or entity accessing our website or purchasing our products and services.
  • "Products" — All goods, equipment, and items listed on our website, including but not limited to refrigeration systems, cold rooms, kitchen appliances, electronics, and home appliances.
  • "Services" — Installation, maintenance, repair, and consultancy services offered by CUMA Engineering.
  • "Quote Request" — A request submitted by a customer through our website or otherwise for pricing information on products or services.

3. Use of the Website

By using our website, you agree to:

  • Provide accurate, current, and complete information when submitting forms or requests.
  • Use the website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the site.
  • Not engage in any conduct that could damage, disable, or impair the website or interfere with any other party's use of the site.
  • Not attempt to gain unauthorised access to any part of the website, servers, or systems.
  • Not use automated means (bots, scrapers, etc.) to access or collect data from our website without our express written permission.

We reserve the right to restrict, suspend, or terminate your access to the website at our sole discretion, without prior notice, for any violation of these Terms.

4. Products & Pricing

All product descriptions, images, specifications, and prices displayed on our website are subject to change without notice. While we strive for accuracy, we do not warrant that product descriptions, colours, or specifications are complete, current, or error-free.

Prices are listed in Kenyan Shillings (KES) and include VAT at the applicable rate (currently 16%) unless otherwise stated. We reserve the right to modify prices at any time without prior notice. Quoted prices are valid for the period stated in the quotation and may be withdrawn or revised at our discretion.

5. Orders & Quotations

Submitting a quote request or purchase order through our website constitutes an offer to purchase products or services from us. All orders and quote requests are subject to our acceptance and availability of products.

We reserve the right to:

  • Accept or decline any order or quote request at our sole discretion.
  • Limit quantities of any product or service we offer.
  • Cancel any order if we suspect fraud, unauthorised activity, or a violation of these Terms.
  • Require additional verification or information before processing an order.

A confirmed quotation from us represents a binding offer to supply the described products or services at the stated price for the validity period specified in the quotation.

6. Payment Terms

Payment terms are specified in individual quotations and invoices. Unless otherwise agreed in writing, payment is due as follows:

  • A deposit of 50% of the total order value is required to confirm and process an order.
  • The balance of 50% is due upon delivery and before installation commences.
  • For large or custom orders, alternative payment schedules may be agreed in writing.

We accept payments via bank transfer, M-Pesa, and credit/debit cards. All payments must be made in Kenyan Shillings (KES). Late payments may incur interest at a rate of 2% per month on the outstanding balance.

7. Delivery & Shipping

Delivery times are estimates only and commence from the date of order confirmation. We will make commercially reasonable efforts to meet estimated delivery dates, but we shall not be liable for any delays caused by factors beyond our control.

Risk of loss or damage to products passes to you upon delivery. You are responsible for inspecting products upon delivery and notifying us of any damage, defects, or discrepancies within 48 hours of receipt.

Delivery charges, if applicable, will be communicated and agreed upon before order confirmation. We currently deliver within Nairobi and selected regions across Kenya.

8. Installation & After-Sales Services

Installation services, where purchased, are carried out by our certified technicians. You agree to provide safe and reasonable access to the installation site, including necessary electrical connections, ventilation, and structural support as specified in the quotation.

After-sales support, including warranty service and maintenance, is provided in accordance with the terms specified in your product documentation and warranty card.

9. Warranty

All products supplied by CUMA Engineering are covered by a manufacturer's warranty for a period specified in the product documentation. In addition, we offer a minimum 12-month warranty on all installation work performed by our technicians.

The warranty does not cover:

  • Damage caused by misuse, neglect, accident, or improper installation by unauthorised personnel.
  • Normal wear and tear, consumable parts, and routine maintenance.
  • Products that have been modified, repaired, or serviced by anyone other than our authorised technicians.
  • Damage resulting from power surges, improper voltage, or acts of God.

To make a warranty claim, please contact us with your proof of purchase and a description of the issue. We will assess the claim and arrange for repair or replacement as appropriate.

10. Returns & Refunds

We accept returns of unused and undamaged products within 14 days of delivery, subject to a 15% restocking fee. To initiate a return, please contact our customer service team. Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.

Refunds for approved returns will be processed within 14 business days of receiving the returned product and will be made via the original payment method. Custom-made or special-order products are not eligible for return unless defective.

11. Limitation of Liability

To the maximum extent permitted by law, CUMA Engineering & Construction Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website, products, or services. Our total liability for any claim arising from these Terms or your use of our products or services shall not exceed the amount paid by you for the specific product or service giving rise to the claim.

This limitation of liability applies whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

12. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, product descriptions, software, and design, is the property of CUMA Engineering & Construction Ltd or its licensors and is protected by Kenyan and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising out of or relating to these Terms or your use of our products and services shall first be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days of written notice, the matter shall be referred to mediation at the Nairobi Centre for International Arbitration (NCIA) before any legal proceedings are commenced.

The courts of Kenya shall have exclusive jurisdiction over any legal proceedings arising from these Terms, subject to the foregoing mediation requirement.

14. Indemnification

You agree to indemnify, defend, and hold harmless CUMA Engineering & Construction Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms, your misuse of our website or products, or your infringement of any third-party rights.

15. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to us, our customers, or third parties. Provisions of these Terms that by their nature should survive termination (including but not limited to limitation of liability, indemnification, and governing law) shall survive any termination.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

  • Email: cumaengineeringandc@gmail.com
  • Phone: +254 743 836 109 / +254 721 628 992 / +254 710 745 840
  • Address: KAMAKIS, EASTERN BYPASS, NAIROBI, KENYA
  • Website: cumaengineering.com/contact
CUMA Engineering & Construction Ltd

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  • cumaengineeringandc@gmail.com
  • Mon – Sat: 8:00am – 6:00pm

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