E About Al's Pride

Al’s Pride Kenya Limited Terms & Conditions

CONDITIONS FOR THE PURCHASE OF USED VEHICLES

This Agreement for the Purchase of Used Vehicle ("Agreement") made and effective this [Date:__________], by and between Al's Pride / Al's Pride Kenya Limited a company duly incorporated under the laws of Kenya and having its registered address as, PO Box 21542 - 00505, Nairobi, Kenya (hereinafter called the "Seller") and (Insert Name and Address of Buyer(consignee): ____________________________________________________ ) (hereinafter called the "Buyer") on the following stated terms and conditions. Seller desires to sell, transfer and convey, and Buyer desires to purchase, used vehicles from the seller's stock for the Buyer's personal use or resale.

NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows:

1.Order

Used vehicles may be ordered from the Seller using facsimile transmission or by e-mail or any other acceptable means and vehicles may be viewed on the Seller's website located at http://www.alspride.com. The Seller cannot guarantee the availability of vehicles requested but once the vehicle has been ordered and provided the vehicle is available the vehicle will be held for 2 days by the Seller, in which time the first payment must be made. Failure to make payment of this sum or to provide a confirmation of the remittance of the first payment within this period will result in the cancellation of the order and the vehicle will be placed back on the market for sale.

2.Price

Buyer shall pay Seller for the vehicle the sum as stated in the applicable invoice that will be provided for each vehicle ordered. Prices of the vehicle shall include delivery within Nairobi unless otherwise agreed between the parties.

3.How Payable

The Buyer shall make full payment within 7 days of receiving the invoice unless otherwise agreed and specified in a susequent document by both parties. In this case the terms and condition in the second document override those in this document.

Please note that funds should be paid by cheque (of which the account the cheque is drawn against must be in a bank registered and operating in the Republic of Kenya) addressed to "***Al's Pride***" or be wired by telegraphic transfer to the Sellers account in Kenya Shilings denomination or in United States Dollars. Please note that the Seller's banking information for the remittance of payment via telegraphic transfer (wire) are available in the page labelled "About Us".

Payment made by cheque or bank draft drawn on an foreign bank shall require one month for clearance through the Kenyan banking system and vehicles shall not be delivered until these cheques have been cleared by the Seller's bank.

In the event that the purchase price is not timely paid, in addition to its other remedies, Seller may impose, and Buyer shall pay, a late payment charge equal to ten percent (10%) per month of the overdue amount. This will be in addition (and NOT in place of) any extra costs incurred in shipping and delivering the vehicle(s) and includes all port AND customs storage charges for the subject vehicle. In addition any gurantees and/or warranties as to the delivery condition of the vehicle will then be considered null and void.

All cheques issued to Al's Pride or Al's Pride Kenya Ltd and not honoured will attract a penalty charge equivalent to at least 10 (ten) per cent of the value of the cheque.

Al's Pride or Al's Pride Kenya Limited does not accept any liability, whether implied or whatsoever, for any cash payments other than those where the money is banked directly and immediately into the Al's Pride company account and proof of banking exists by witnessing and reconciling with the company's banking records. For this and any other transaction a company receipt - printed in colour and bearing a printed receipt number- will be issued to the Buyer as documentary proof of receipt of these monie(s) by Al's Pride.

4.Cancellation of Order

If the Buyer for any reason cancel an order for which the first payment has been made but the vehicle has not yet been shipped, the Sellers shall reimburse the Buyer the first payment except for the sum of US$700.00 (In words seven hundred only) which shall be deducted from the said payment for the cost incurred by the Seller for securing vehicle, confirmation of order, and arranging shipment.

There shall be no cancellation of an order after delivery has been effected.

5.Delivery.

Seller shall deliver the vehicles to the buyer or their apponted agent in Nairobi, Kenya and the cost for insurance, shipping cost and freight is borne by the Seller and is included in the price of your vehicle. Delivery arrangements are made after receiving the full payment. Partial shipment and transhipment shall not be permitted unless otherwise agreed between the parties.

The delivery schedule is subject to change without notification and the Seller shall not be liable to the Buyer for any loss or damages sustained due to the delays resulting from changes in the shipping schedule.

6.Right of Inspection.

Buyer shall have the right to inspect the vehicle on arrival at the destination. Within 7 days after the arrival of the vehicle at the port of destination, the Buyer must give notice to Seller of any claim with respect to the condition, or damage to the vehicle or non-conformance to this Agreement, specifying the basis of the claim in detail, providing evidentiary proof by way of photographs and/or providing an estimate for the repairs of the damage to the vehicle. Seller may, at its option send an agent to inspect the vehicle to confirm the claim being made by the Buyer and /or seek an independent estimate for the repairs to be effected to the vehicle.

Failure of Buyer to comply with these conditions within the time set forth herein shall constitute irrevocable acceptance of the vehicle by the Buyer. In the event the vehicle does not conform to this Agreement or their is damage to the vehicle, the Buyer's sole remedy and Seller's sole obligation, shall be at Seller's option to reduce the price paid for the vehicle by the amount needed to effect the repairs to the vehicle.

Please note that the seller accepts no liability for the loss or damages sustained for small car parts that may be stolen after the arrival at the port of destination and the Buyer shall make every effort to clear the vehicle from the wharf soon after its arrival at the port.

7.Repossession.

The Seller shall have the right to repossess any vehicle not completely paid for in excess of 60 days from the date pf delivery and the Buyer hereby agrees to give the Seller the necessary power of attorney to execute documents necessary to transfer the vehicle to the Seller or its agent for the purpose of the exercise of his right to repossess and sell the vehicle.

9.Late Charge.

The Seller may impose a late payment charge against the Buyer for any payment not made on the date due in the amount of ten percent (10%) of the overdue amount per month.

10.Warranty.

EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO WARRANTY TO BUYER WITH RESPECT TO THE VEHICLE, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND VEHICLES ARE PURCHASED " AS IS ".

Please note that the vehicles sold are used vehicles and may have minor scratches or slight dents on the surface. The Seller will use their best efforts to secure vehicles that are accident-free and in good working condition for private use or resale.

In case that the Buyer should discover and can substantiate that a vehicle has been involved in an accident then the Buyer shall notify the Seller of the condition of the vehicle within 21days after the arrival of the vehicle at the port and the Seller will make every effort to come to a satisfactory resolution of this issue with the Buyer. Cars previously used in Kenya are exempt from this clause

The Seller cannot guarantee owner's manuals and spare keys as they are not always available. The Seller will supply jack tool and make sure there is radio and stereo, power window switches (if applicable), but is not responsible for these items if same is stolen from the vehicle after the vehicle's delivery. In some instances, the Seller may replace parts stolen from the vehicle at the port but the Buyer shall be responsible for the freight charge for replacing these items.

11.Transfer of Title.

Title to and ownership of the vehicle shall not pass from Seller to Buyer until Buyer has paid in full the purchase price to Seller. The Seller shall deliver original documents to the Buyer or to an agent/attorney for the Seller and the Buyer shall be notified to collect the documents upon providing proper proof of the Buyer's identity.

12.Limitation of Liability.

In no event shall Seller be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Agreement or the vehicle, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Buyer's damages exceed the amount of the purchase price of the vehicle.

13. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, e-mail delivery, or recognized overnight delivery services and such notice shall be deemed to have been received within 7 days after its transmittal.

14. Credit.

Whenever the Seller shall extend credit to the buyer, the Buyer shall pay all the legal cost charged by the Seller's attorney for preparing and stamping all the required documents and such charge shall be added to the invoice or shall be billed to the Buyer separately, and payment for this service must be received by the Seller before the vehicles can be shipped.

15.Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of the country of destination of the vehicle or the laws governing where the Buyer may be found.

16.Final Agreement.

This Agreement may be modified only by a further writing that is duly executed and documented by both parties.

17.Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

18.Headings.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.

Seller

Name: Al's Pride Lenya Limited

Address: Flat 38, Upper Hill Duplex Apartments, Lower hill road, Nairobi, Kenya

Telephone Number: +254 733 944274

E-mail address: alextibwitta@alspride.com

S I G N E D

___________________________________

A. Tibwitta

Managing Director

Buyer

Name:

Home Address:

Home Telephone:

Company Name:

Company Address:

Company Telephone Number:

Fax Number:

E-mail address:

____________________________________

Signature