Terms & Conditions
Terms and Conditions of Sale (“Terms”)
1.1 These terms are the terms and conditions on which products listed on our website (“Products”) will be supplied to you through use of the Mantrac Website and its online checkout.
1.2 The Terms apply to any contract for the sale of Products to you hereunder (“Contract”).
1.3 The Terms explain:
- who we are;
- how we may communicate with each other;
- how we enter into the Contract;
- how we will provide Products to you;
- how you and we may change or end the Contract;
- what to do if there is a problem; and
- other important information.
1.4 Please read these terms carefully, and please save on your computer, or print a copy of them for your records.
- Who We Are
2.1 “We” and “UTF” means Una Trading FZE, a company duly formed as a Free Zone Establishment with limited liability governed by the Jebel Ali Free Zone Companies Implementing Regulations 2016 and registered in the FZE Register under Registration No. 150834 with our office at Plot No. S60525, Jebel Ali Free Zone, Dubai, UAE, P.O. Box 18673 with UAE Tax Registration Number is 100 051 046 900 003.
2.2 “Us” and “our” are to be read accordingly.
- How we will Communicate
3.1 When we refer, in these Terms, to "in writing" or “written”, this will include e-mail.
3.2 If you wish to contact us in writing, you can send this to us by e-mail to [MyMantracAdmin@unatrac.com] or by pre-paid post to [
Mansour Complex Witu Road, off Lusaka Road P.O Box 30067 - 00100,Nairobi
.]. You can always contact us using by phone line on [+254 20 4995000]. There is also a contact form on the site.
3.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. In certain circumstances such as change of delivery date or stock issues we may contact you on the telephone number you provided.
3.4 For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
- Our Contract
4.1 When you have confirmed order, this becomes an offer by you to us to buy the product(s) in your order. You offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase. Your offer is made to UTF and also to each company in the Mantrac Group – see clause 4.8 below. Unless you have a credit arrangement with a Mantrac Group company, payment must be made at the time of placing the order.
4.2 We will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered.
4.3 We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we dispatch the Product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail").
4.4 If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail.
4.5 If we are unable to supply you with a Product for any reason (e.g. because it is no longer available, is not in stock or because of an error in the price or description on our site), we will inform you of this by e-mail or by phone and we will not process your order and we will refund you any moneys paid as soon as possible.
4.6 Note that you can cancel your order for a Product at no cost any time before we send the Dispatch Confirmation E-mail (except for certain categories of products and services, including digital products or software which are not supplied in a physical format once download or use (whichever is earlier) has begun).
4.7 Where possible, your Contract will be with a Mantrac Group company operating in the country where your order will be delivered. If there is no Mantrac Group company operating in this country, the fulfillment of your order may be made by UTF or another Mantrac Group company at UTF’s sole discretion.
4.8 The Mantrac Group companies are the subsidiaries the ultimate parent company of UTF, being Unatrac Holding Limited (an offshore an offshore company with limited liability incorporated in the Jebel Ali Free Zone, Dubai, United Arab Emirates (registration number 147294)), and the Mantrac and Delta companies in Egypt under beneficial control of the shareholders of Unatrac Holding Limited. As of 1 January 2019, the companies forming the Mantrac Group of companies are incorporated in the following countries: Egypt, Iraq, Russia, Tanzania, Kenya, Uganda, Ghana, Nigeria, Sierra Leone, Liberia, Jordan, the UAE, the UK and the PRC. When a Mantrac Group company other than UTF makes a supply to you, the reference herein to “we”, “us” or “our” is a reference to such company as applicable.
4.9 You consent to receive sales invoices electronically in pdf format which we will send to you in our Dispatch Confirmation E-mail.
- Payment and Prices
5.1 The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see clause 5.3 for what happens in this event.
5.2 As noted in clause 4.7, order fulfillment will in most cases be made by a Mantrac Group company operating in the country of order delivery. The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in that country for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3 It is always possible that, despite our reasonable efforts, some of the Products on the site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on the site, we will charge the lower amount when dispatching the Products to you; and
(b) If we have made a mistake and a Product's correct price is higher than the price on the site, we will contact you before dispatch to request whether you want to: (i) buy the Product at the correct price; or (ii) cancel your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we do, however, accept and process your order where a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. We do not have to provide the Products to you at the incorrect (lower) price.
5.4 Payment can be made using Master Card, Visa, Switch, Delta, Maestro and Paypal. Payment for the Products and all applicable delivery charges is at the time of order unless credit terms have been agreed by us. Where payment is made to UTF but the order is fulfilled by another Mantrac Group company, the payment shall be deemed to be made to UTF as agent for that other Mantrac Group company.
5.5 When Products are to be delivered across a border, you may be subject to import duties and taxes which are levied once the package reaches the specified destination. We will advise you if there is to be a cross border delivery and you may choose to cancel the order before the dispatch of the package. Any additional charges for customs clearance for cross border deliveries must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6.1 Delivery costs will be calculated at check-out. In the event that there is a change in delivery price, you will be notified and, where it has increased, you will have the choice of accepting the increase or cancelling the order. Where the delivery price decreases, you will be refunded any difference in delivery price from what was charged when you placed your order.
6.2 A delivery estimate will be provided when you place your order. Orders are usually dispatched, depending on the time of the order and whether the item is in stock, either same day or next day, from the date of the order being placed (if the order is accepted) although some products do have a specified longer dispatch time on the product page of the site.
6.3 In the event that we are unable to meet the original estimated date by a significant degree, we will endeavour to contact you to advise you of a new estimated delivery date. If we are unable to meet the estimated date because of events outside of our control, we will contact you to let you know of a revised delivery date and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (of more than 30 days) you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
6.4 All deliveries require a signature at the point of receipt. If the delivery service is unable to obtain a signature because the recipient is out, they will then try to redeliver the following day and a card will be left so that a re-delivery, or collection from a local depot, can be arranged. If you need to alter the address for delivery prior to dispatch, please e-mail contact us in writing, you can send this to us by e-mail to [MyMantracAdmin@unatrac.com] or call us on [+254 20 4995000].
6.5 For enquires relating to an order already placed or delivery of an order please call us on [+254 20 4995000] or email [MyMantracAdmin@unatrac.com]. Please state your order number.
6.6 Certain Products, due to their size and weight, will require you to have in place certain unloading requirements which shall be notified to you in the Dispatch Confirmation E-mail.
6.7 The Products will be your responsibility from the completion of delivery to the address you gave us or at the point at which you collect it from us.
6.8 You own the Products once we have delivered them to you, except in the case of credit sales where ownership of the Product remains with the Mantrac Group company that supplied the Product until full payment has been made.
6.10 To discuss delivery, returns or collections please call us on [+254 20 4995000] or email [MyMantracAdmin@unatrac.com]. Please state your order number.
7.1 If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.2 If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract which you can do before dispatch of the Product.
- Your Rights to End the Contract
8.1 You can end your Contract with us immediately and we will refund you in full for any Products which have not been provided where:
(a) We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; and
(b) There is a risk that supply of the products may be significantly delayed because of events outside our control.
8.2 You do not have a right to change your mind in respect of sealed lubricant products, once these have been unsealed after you receive them.
8.3 To end the Contract with us (including if you have changed your mind before dispatch) you need to inform us by phone on [+234 1271 6300] or email [MyMantracAdmin@unatrac.com]. Please state your order number.
9.1 We guarantee that in the event of a defect occurring in any Products supplied by us, we will arrange for an inspection to be carried out where we, at our sole discretion, considers such inspection to be necessary.
9.2 We undertake to use reasonable endeavours to procure the assignment to you of any manufacturer’s standard warranty terms (to the extent that such terms exist and are assignable to you) in respect of the Product.
9.3 Our obligations in clauses 9.1 and 9.2 above are subject to the following:
- You giving us immediate written notification on discovery of the alleged defect and full details thereof; and
- The Product being defective by reason of faulty workmanship or the use of defective materials, and
- You returning such Products (or any part thereof) to our nominated delivery address if so required by us. You are responsible for all costs associated with the transportation of such Products. Such returned Products shall be adequately packed for carriage and shall be clearly marked for identification with your name and address; and
- The Products having been properly used and maintained in compliance with all service requirements, manuals and recommendations of us or the manufacturer (where applicable).
9.3 For the avoidance of doubt, we shall not be liable in respect of any defect arising out of or in connection with misuse, neglect, lack of adequate daily operating maintenance, wilful or accidental damage, or normal wear and tear, as determined by us in our sole discretion. Where any inspection is carried out in accordance with clause 9.1 hereof or where any Product or part thereof is returned to us but we at our sole discretion determine that it or the manufacturer is not responsible for any repair or replacement, we will be entitled to charge for such inspection work and will notify you in writing accordingly after the expiry of thirty (30) days from the date of the letter of notification, and we may at our sole option either return the Product to you, or dispose of it and utilise the proceeds of sale in extinction of any debt then due to us by you.
9.4 Our warranty obligations hereunder shall exclude all consumable items, including but not limited to oil, grease, fuel and filters, which will be provided by the Customer or purchased by the Customer at the Company’s then current selling price.
9.5 Except as otherwise agreed in writing by us, all work in respect of our obligations under this clause shall be performed during the normal working hours. Where you require the work to be performed outside the said hours, you will pay any increased labour costs so incurred.
9.6 The Terms set out the full extent of the our obligations and liabilities arising out of or in connection with the purchase of Products by you and there are no conditions, warranties, representations or terms, express or implied, that are binding on us except as specifically stated in these Terms or in any Contract. Any condition or warranty, representation or term which might otherwise be implied or incorporated in these Terms, a Contract, or any collateral contract, whether by statute, common law or otherwise, is hereby expressly excluded.
9.7 Subject to Clause 11.3 below, our liability in respect of defective Products shall be limited to the liability accepted in clauses 9.1 to 9.6 above.
10.1 Every effort is made to ensure that all the information provided on the site is correct at the time of publishing.
10.2 The images of the Products on the site are illustrative only.
10.3 Product packaging may vary from that shown in images on the site.
- Our Liability
11.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if we both know it might happen at the time we entered into the Contract.
11.2 We have no liability for any effects on any business as a result of any breach of these terms, loss of profit, loss of business, business interruption, or loss of business opportunity whether direct or indirect or any incidental or consequential losses.
11.3 We do not in any way exclude or limit our liability for fraud or any other liability to the extent that the same may not be excluded or limited as a matter of law.
11.4 We expect that you have the necessary professional and technical skills, knowledge and qualifications, as well as the necessary equipment and tools, to determine the product requirement for your CAT machines and that you are able to correctly install the Products purchased and we will rely on this representation. Repair or maintenance operations undertaken with respect to technical information published on this site is performed by you under your sole responsibility and neither UTF, nor any other Mantrac Group company, shall be liable for any bodily injury, damage to property, loss, expenses or any other damage, or any infringement to any laws or regulations, as a result thereof
- Other Important Terms
12.1 We may transfer a Contract to someone else. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will contact you to let you know if we plan to do this.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 Nobody else has any rights under a Contract. A Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of these terms or a Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through the site and any dispute or claim arising out of or in connection with it will be governed by English law.
12.6 Any dispute or claim arising out of or in connection with the Contract or its subject matter or formation, whether in tort, contract, under statute, or otherwise, including any question regarding its existence, validity, interpretation, breach, or termination, and including any non-contractual claim, will be finally and exclusively resolved by arbitration by the London Court of International Arbitration (“LCIA”) under its then current commercial arbitration rules.
12.7 The arbitral tribunal, to be appointed in accordance with the arbitration rules, will consist of one arbitrator. However, if either party asserts the amount in controversy exceeds USD $5 million, then the tribunal will consist of three arbitrators.
- The seat of the arbitration will be the country of delivery.
- The language of the arbitration will be English.
- The International Bar Association Rules on the Taking of Evidence in International Arbitration will apply to the arbitration.
12.7 Each party waives, to the fullest extent permitted by law, any right under the laws of any jurisdiction:
- to apply to any court or other judicial authority to determine any preliminary point of law; and
- to appeal or otherwise challenge the award, other than on the same grounds on which recognition and enforcement of an award may be refused under Article V of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (“The New York Convention”).
12.8 Nothing in this clause 12 will be construed as preventing any party from seeking conservatory or similar interim relief from any court with competent jurisdiction. Any award rendered by the arbitral tribunal will be made in writing and will be final and binding on the parties. The parties will carry out the award without delay. Judgment upon any award or order may be entered in any court having jurisdiction. All aspects of the arbitration will be considered confidential.
12.8 You agree and warrant that Product provided by us will not be exported, provided, or made available to any countries or states that are subject to comprehensive trade sanctions or embargoes (as may be amended by the relevant governmental authorities from time to time) or to (A) any person targeted by national, regional, or multilateral trade or economic sanctions under applicable laws; (B) any person designated on the United Nations Financial Sanctions Lists, European Union (EU) or EU Member State Consolidated Lists, US Department of the Treasury Office of Foreign Assets Control Lists, US State Department Non-proliferation Sanctions Lists, or US Department of Commerce Denied Persons List, in force from time to time; or (C) any affiliates of such persons; and (d) any person acting on behalf of a person referred to in the foregoing. We may refuse to supply any Product to you were we reasonable suspect that the supply will breach this clause and you agree that where we have reasonable suspicion of a violation of this clause, we may audit your books and records to verify compliance with this clause.
Conditions of Website Use
The following provisions (together with the documents referred to) detail the conditions of use on which you may use the Mantrac website [Shop.mantrackenya.com] (“this site”) and by using this site, you agree to be bound by, and accept, these conditions of use (“the terms”). If you do not agree to the terms, you must not use this site.
The terms may be altered by us at our sole discretion and the continued use of this site means that you have accept these changes.
Other applicable terms
- If you purchase goods from our site, our Terms & Conditions will apply to the sales.
Information about us
This Mantrac website [Shop.mantrackenya.com] is a site operated by Una Trading FZE ("We" or “UTF”). We are a company duly formed as a Free Zone Establishment with limited liability governed by the Jebel Ali Free Zone Companies Implementing Regulations 2016 and registered in the FZE Register under Registration No. 150834 with our office at Plot No. S60525, Jebel Ali Free Zone, Dubai, UAE, P.O. Box 18673. Our UAE Tax Registration Number is 100 051 046 900 003.
This site is for Mantrac Group customers who need replacement products to service or repair products purchased from Mantrac Group companies in each of the Territories in which Mantrac Group companies operate. For the purpose of the terms, Mantrac Group companies are the subsidiaries the ultimate parent company of UTF, being Unatrac Holding Limited, and the Mantrac and Delta companies in Egypt under beneficial control of the shareholders of Unatrac Holding Limited. As of 1 January 2019, the Territories Mantrac Group companies operate in are: Egypt, Iraq, Russia, Tanzania, Kenya, Uganda, Ghana, Nigeria, Sierra Leone, Liberia, the UAE, the UK and the PRC.
We provide this site and its contents on an “as is” and “as available” basis. We do not represent or warrant that access to this site, or any part of it or any content, will be uninterrupted, reliable or fault free. Access to this site is allowed on a temporary basis. This site may with or without notice be modified, suspended or discontinued in whole or in part by us at any time.
We make no representations, warranties or guarantees with respect to this site or the information, content, materials or products and services and do not accept any responsibility for any errors or omissions in the content in this site. We will not notify you when any information has been amended. The content is provided for general information only. Images of products are for illustrative purposes only. It is the users’ responsibility to determine the fitness for purpose of parts for their requirements. If you notice any errors in information, please contact [firstname.lastname@example.org].
The site is controlled and operated by us from the United Arab Emirates and shall be governed by the laws of England and Wales. The Courts of the Dubai International Financial Centre shall have exclusive jurisdiction with respect to this site. The information contained may not satisfy the laws of any other country. If you access the site from outside the United Arab Emirates, you do so on your own initiative.
By using this site, you represent that you have the necessary professional and technical skills, knowledge and qualifications, as well as the necessary equipment and tools, to determine the product requirement for your CAT machines and that you are able to correctly install the Products purchased and we will rely on this representation. Repair or maintenance operations undertaken with respect to technical information published on this site is performed by you under your sole responsibility and neither UTF, nor any other Mantrac Group company, shall be liable for any bodily injury, damage to property, loss, expenses or any other damage, or any infringement to any laws or regulations, as a result thereof.
Accessing this site
This site is made available free of charge.
You must choose a user identification code, password or any other piece of information as part of our security procedures for registration which is confidential to the named user. Login details must not be disclosed to any person by the user as this registration is personal to the user and this user information cannot be assigned, transferred, sold or traded to any other person. You are accountable for all use of your account and for ensuring that its access and use is in compliance with the terms. You acknowledge and agree that any use of your account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your account.
We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to terminate your right to access the site if in our opinion you have failed to comply with any of the provisions of the terms.
Users and/or their organisations are responsible for making all arrangements necessary for access to this site. You must provide all equipment and software necessary to connect to this site, including, but not limited to, a computer (with internet access) suitable for use in connection with this site.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email@example.com] or [+44 (0)1753 695438].
Intellectual Property Rights
We own or are licensed the intellectual property rights in this site, and in the material published on it, which are protected by copyright laws and treaties around the world. All such rights are reserved and no user is granted any rights in the same.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
Limitation of our liability
Nothing in the terms excludes or limits our liability for death or personal injury arising from our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, this site; or
- use of or reliance on any content displayed on this site; or
- damage to computer systems or loss of data.
Further, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on this site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of supply.
We do not guarantee that this site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access this site. You should use your own virus protection software.
Your use of this site
You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or otherwise use this site such that the whole or part of it becomes interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of this site is in any way impaired. You must not attempt to gain unauthorised access to this site, the server on which it is stored or any server, computer or database connected to it. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
You must not use this site for any illegal purpose and must use this site in accordance with all relevant laws.
You must not use any robot, spider, scraper or other automated means to access this site for any purpose without our express written permission and must not bypass measures we may use now or in the future to prevent or restrict access to this site or certain information contained therein.
You must not copy, transmit or otherwise distribute this site to any third party or otherwise disassemble or reverse engineer the site.
Linking to our site
You may not link to any part of this site. This site must not be framed on any other site.
Third party links and resources in our site
Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The terms, its subject matter and its formation, are governed by English law. By using this site, you agree to the exclusive jurisdiction of the courts of the Dubai International Financial Centre to all matters related to the use of this site.
The logo of Mantrac and the name Mantrac are trademarks of Mantrac Group companies. You are prohibited from using, downloading permanently, copying or distributing them in any way without our written permission.
If you have any concerns about material which appears on our site, please contact us at [firstname.lastname@example.org] or [+44 (0)1753 695438]. Please note that any information, unsolicited suggestions, ideas or other submissions will be deemed not to be confidential and non-proprietary. By sending any information or material, you give UTF an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that UTF is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.