Please read these Terms and Conditions carefully before using our website or placing an order with Medix East Africa Limited. By accessing our website, placing an order, or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or services.
1. About Us
Medix East Africa Limited (“Medix”, “we”, “us”, or “our”) is a company registered in Kenya, with offices in Ruiru, Kiambu County. We are a medical equipment and laboratory solutions provider supplying hospitals, clinics, laboratories, and healthcare facilities across East Africa.
2. Definitions
In these Terms and Conditions, the following words have the meanings set out below:
“Company”, “Medix”, “we”, “us”, or “our”: refers to Medix East Africa Limited.
“Customer”, “you”, or “your”: refers to any individual, company, hospital, clinic, laboratory, or organisation that uses our website, places an order, or engages our services.
“Goods” or “Products”: refers to any medical equipment, laboratory equipment, reagents, consumables, surgical supplies, spare parts, or any other items we supply.
“Services”: refers to installation, commissioning, training, maintenance, repair, calibration, or any other service we provide.
“Order”: refers to a purchase order, quotation acceptance, or confirmed request for Goods or Services.
“Contract”: refers to the agreement between us and you for the supply of Goods or Services.
“Website”: refers to www.medixeastafrica.com and all related pages.
3. Use of Our Website
By using our website you confirm that:
- You are at least 18 years old, or accessing the website on behalf of a registered organisation.
- The information you provide to us is accurate and complete.
- You will not use the website for any unlawful or fraudulent purpose.
- You will not attempt to gain unauthorised access to any part of the website or its related systems.
We reserve the right to suspend or restrict access to the website at any time without notice.
4. Orders and Acceptance
All orders placed with Medix East Africa Limited, whether through the website, by email, by phone, or in person, are subject to our acceptance. We reserve the right to decline any order without providing a reason.
An order is confirmed only when we send you a written order confirmation or invoice. A quotation from us does not constitute an offer and does not bind us to supply Goods or Services at the quoted price.
You are responsible for ensuring all details in your order are accurate. If you discover an error after placing an order, please contact us immediately at sales@medixafrica.com.
Once an order is confirmed, it may not be cancelled or amended without our prior written agreement. If we agree to a cancellation, you may be charged for any costs we have already incurred.
5. Pricing and Quotations
Medix East Africa Limited does not display product prices on its website. All prices are provided on request via WhatsApp, email, or telephone, and are tailored to your specific requirements, quantities, and location.
To request a quotation, please contact us via:
- WhatsApp: 0726 022 122
- Email: sales@medixafrica.com
- Website contact form: www.medixeastafrica.com/contact-us
All quotations are provided in Kenya Shillings (KES) or United States Dollars (USD) as agreed, and are exclusive of VAT and any applicable taxes unless stated otherwise.
Quotations are valid for 30 days from the date of issue unless otherwise stated. We reserve the right to revise a quotation before order confirmation due to changes in exchange rates, manufacturer pricing, freight costs, or import duties.
Any additional charges such as delivery fees, installation costs, or customs duties will be clearly stated in your quotation before your order is confirmed.
6. Payment
Our standard payment terms are as follows:
- New customers: 100% payment in advance before dispatch.
- Established account holders: Net 30 days from invoice date, subject to a signed credit agreement.
- Government and institutional customers: As per Local Purchase Order (LPO) terms, subject to prior approval.
Payment can be made by bank transfer, M-Pesa PayBill, or any other method we confirm in writing. All payments must reference your invoice number.
We reserve the right to charge interest on overdue payments at a rate of 2% per month from the due date until full payment is received. We may also suspend further orders or deliveries where payments are outstanding.
Ownership (title) of Goods does not pass to you until we have received full payment for all outstanding amounts.
7. Delivery
Delivery dates we provide are estimates only and are not guaranteed. We will make every reasonable effort to deliver on time, but we are not liable for delays caused by circumstances beyond our control.
You are responsible for ensuring that the delivery address is accessible and that appropriate staff are available to receive the Goods. If delivery cannot be completed due to your failure to receive the Goods, storage and re-delivery charges may apply.
Risk in the Goods passes to you at the point of delivery. You should ensure the Goods are adequately insured from the point of receipt.
You must inspect all Goods immediately upon delivery. Any shortages, damage, or discrepancies must be reported to us in writing within 48 hours of receipt. Failure to notify us within this period will be treated as acceptance of the Goods as delivered.
Delivery charges, where applicable, will be stated in your quotation or invoice. Additional charges may apply for deliveries to remote or ASAL regions.
8. Title and Ownership
Ownership of Goods remains with Medix East Africa Limited until we have received full payment of all amounts owed by you, including any amounts on other outstanding invoices.
Until ownership passes to you, you must store the Goods separately and keep them identifiable as our property. You must not sell, transfer, or pledge the Goods without our written consent.
9. Product Quality and Warranties
We warrant that all Goods we supply are genuine products sourced from certified manufacturers and conform to the product specifications at the time of sale.
Manufacturer warranties apply to all equipment we supply. The specific warranty period and terms will be communicated at the time of purchase. We will assist you in processing valid warranty claims with the manufacturer.
Our warranties do not cover:
- Damage caused by misuse, negligence, or failure to follow operating instructions.
- Damage caused by unauthorised modifications, repairs, or use of incompatible consumables.
- Normal wear and tear.
- Reagents or consumables stored outside the recommended conditions or used after their expiry date.
Where a product is found to be genuinely defective, our liability is limited to repair or replacement of that product at our discretion. We are not liable for any indirect or consequential losses arising from a defective product.
10. Returns and Refunds
We accept returns only in the following circumstances:
- The Goods are defective at the time of delivery.
- The Goods supplied do not match the order specification.
- We have expressly authorised the return in writing.
All return requests must be submitted in writing to sales@medixafrica.com within 7 days of delivery, with details of the reason for return and supporting photographs where applicable.
Goods must be returned in their original, unopened, and undamaged packaging. Reagents, consumables, and perishable items are non-returnable once delivered, except where they are proven to be defective or incorrectly supplied.
Where a return is approved, we will offer a replacement, credit note, or refund at our discretion. Refunds will be processed within 30 business days of receiving the returned Goods. Return delivery costs are the responsibility of the customer unless the return is due to our error.
11. Installation, Training, and Maintenance
Where we agree to provide installation, commissioning, training, or maintenance services, the scope and terms will be set out in your order or a separate Service Agreement.
You must ensure that the installation site meets the requirements communicated by us or the manufacturer prior to the scheduled visit. Failure to prepare the site may result in rescheduling fees.
You must provide appropriate personnel to attend any scheduled training. We are not responsible if trained staff leave and retraining is required.
Annual Maintenance Contracts (AMC) are subject to a separate written agreement. Where no AMC is in place, corrective maintenance is charged at our standard labour rates plus the cost of parts.
You must not allow unauthorised third parties to repair or modify equipment supplied by us without our prior written consent, as this may void applicable warranties.
12. Limitation of Liability
Our total liability to you under or in connection with any order or contract shall not exceed the total amount you paid for the specific Goods or Services giving rise to the claim.
We are not liable for any indirect, consequential, or special losses, including loss of profit, loss of business, loss of revenue, loss of data, or reputational damage, even if we were advised of the possibility of such losses.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or any other liability that cannot be excluded by law.
Medical equipment is intended to be operated by trained and qualified healthcare professionals. We are not liable for harm resulting from misuse or operation by unqualified personnel.
13. Intellectual Property
All content on our website, including text, images, logos, product descriptions, and technical documentation, is the property of Medix East Africa Limited or our licensed suppliers. You may not reproduce, copy, or distribute any content without our prior written permission.
Software supplied with equipment is licensed to you on a non-exclusive, non-transferable basis for your internal use only. You may not reverse-engineer, modify, or redistribute the software.
14. Privacy and Data Protection
We collect and use your personal data in accordance with the Kenya Data Protection Act, 2019 and our Privacy Policy, which is available on our website.
When you use our website or place an order, you consent to us collecting and using your personal information for the purposes of processing your order, communicating with you, and providing after-sales support.
We will not sell or share your personal data with third parties except where necessary to fulfil your order, comply with legal obligations, or as described in our Privacy Policy.
You have the right to access, correct, or request deletion of your personal data. To exercise these rights, please contact us at sales@medixafrica.com.
15. Confidentiality
Both parties agree to keep confidential any commercially sensitive information shared in connection with an order or contract, including pricing, product specifications, and business processes. This obligation continues for 3 years after the end of the business relationship.
16. Force Majeure
We are not in breach of our obligations if we are unable to perform due to circumstances beyond our reasonable control, including acts of God, war, civil unrest, government action, natural disasters, pandemics, or supply chain disruptions. We will notify you as soon as possible if such an event affects your order. If the situation continues for more than 60 days, either party may cancel the affected order without penalty, provided payment is made for anything already delivered.
17. Website Disclaimer
Our website is provided for general information and product awareness purposes. Product descriptions and specifications on the website are indicative and subject to change without notice. No prices are displayed on our website — all pricing is provided on request via WhatsApp or email and does not constitute a binding offer until confirmed in writing.
We do not guarantee that the website will always be available or free from errors, viruses, or interruptions. We are not liable for any loss arising from your inability to access the website.
Links to third-party websites are provided for convenience only. We do not endorse or take responsibility for the content of any third-party website.
18. Anti-Bribery and Ethical Business
Medix East Africa Limited is committed to conducting business ethically and in compliance with all applicable anti-corruption laws in Kenya. We do not tolerate bribery, kickbacks, or any form of improper inducement. If you become aware of any such conduct involving our staff, please report it to sales@medixafrica.com.
19. Termination
Either party may terminate a contract by giving 30 days’ written notice, provided all outstanding obligations and payments are settled.
We may terminate a contract immediately if you fail to pay when due, become insolvent, or materially breach these Terms and fail to remedy the breach within 14 days of being notified.
20. Dispute Resolution
If a dispute arises, both parties agree to first attempt to resolve it through good-faith discussion within 30 days. If the matter cannot be resolved through discussion, it may be referred to mediation or arbitration in accordance with the Arbitration Act (Cap. 49, Laws of Kenya), with the seat of arbitration in Nairobi, Kenya.
21. Governing Law
These Terms and Conditions are governed by the laws of the Republic of Kenya. Any disputes that are not resolved through the dispute resolution process above will be subject to the exclusive jurisdiction of the courts of Kenya.
22. Changes to These Terms
We reserve the right to update these Terms and Conditions at any time. The current version will always be available on our website. Your continued use of our website or services after any update constitutes your acceptance of the revised Terms.
23. Contact Us
If you have any questions about these Terms and Conditions, please contact us: