Refund & Return
Policy
Last Updated on
02/11/2025
1. Purpose & Scope
This policy sets out the rights, obligations
and procedures for refunds, returns, repairs and replacements of goods and
services supplied by Expertech Electrical Contractors Ltd (“Expertech”,
“we”, “us” or “the Company”) to our customers (“Customer”, “you”). It applies
to all sales, supply contracts, installations, maintenance and consultancy
services provided in Kenya, and to physical goods supplied by the Company.
This policy is without prejudice to statutory consumer rights provided under
Kenyan law.
2. Key Definitions
- Goods: Physical
products sold by Expertech (e.g., solar panels, inverters, cables,
batteries).
- Services: Work performed
by Expertech including installations, maintenance, testing, commissioning
and consultancy.
- Defect: A material
non-conformity, damage, functional failure or a product not matching its
description, sample or agreed specification.
- Redress: Remedies
available to the consumer including repair, replacement or refund as
provided by Kenyan law.
3. Customer Rights (Legal Basis)
Customers retain statutory rights under
Kenyan law including implied conditions that goods will correspond with
description and be of satisfactory quality and fit for purpose; and the right
to redress where goods or services are defective or misrepresented. The Company
will not attempt to exclude, reduce or contract out of these statutory rights.
4. General Principles
- Fairness &
Transparency:
We commit to fair, prompt and documented handling of all complaints,
returns and refund requests.
- No Unfair
Contract Terms:
Terms that attempt to unfairly limit statutory remedies will not be
enforced.
- Balance of
Interests:
Remedies will protect customers from defective goods/services while
safeguarding the Company from fraudulent or unreasonable claims.
- Evidence-Based: Decisions will
be based on inspection, evidence and the terms of the original
sale/contract.
5. Eligibility — When a Return or Refund May
Apply
Refunds, returns or replacements may be
approved where any of the following apply:
- Goods are defective,
damaged on delivery should the delivery be done by Expertech Designated
staff or Logistic Partner, or materially different from the description,
sample or specification provided.
- Services were
not performed to the agreed scope or were performed negligently such that
re-performance, refund or compensation is warranted.
- There was a material
misrepresentation by our staff, sales agents or marketing materials.
- For distance or
off-premises contracts where the Consumer Protection Act gives a statutory
cooling-off right (where applicable), the consumer exercises that right in
line with the Act.
6. What Is Not Eligible
The following are generally ineligible for
return or refund unless otherwise agreed in writing:
- Consumables and
perishables that have been used (e.g., fuse elements consumed, sealed
consumables opened).
- Goods damaged
after delivery due to misuse, modification, unauthorized repair, or normal
wear and tear.
- Custom-made or
specially ordered items where this was disclosed to the customer at sale
and accepted.
- Claims made
after a reasonable period where the customer has unreasonably
delayed reporting an issue (see Reporting Times below).
Note: Even where an item falls into a non-eligible category, if there is evidence of a manufacturing defect or misrepresentation, statutory remedies may still apply.
7. Reporting Timeframes & Evidence
Required
- Report defects
within 7 days
of delivery for visible damage or incorrect goods.
- Report
functional defects within 30 days of delivery or after installation,
unless a longer warranty or manufacturer warranty applies. (Longer
timeframes may be specified for items with manufacturer warranties.)
- For services:
report unsatisfactory performance within 3 days of completion of
the service.
- Customers must
provide: proof of purchase (invoice, receipt), product
serial/identification numbers (if applicable), photographs of the
defect/damage, and any other relevant documentation.
These timeframes are minimum operational guidelines — where statutory rights provide longer periods, those will prevail.
8. How to Request a Return, Repair or Refund
- Contact
Expertech Customer Service at:
o
Email:
customercare@expertech.co.ke
o
Phone:
+254740728529
o
Postal:
The Promenade Building, General Mathenge Rd, Westlands, Nairobi
- Provide:
Invoice/receipt number; description of the problem; photos; date of
purchase; contact details.
- The Company will
issue a Return Authorization (RA) or Service Ticket within 5
business days of receiving the report.
- No goods should
be returned without an RA. Returns sent without authorization may be
refused or returned at sender cost.
9. Assessment, Inspection & Remedies
- On receipt of a
return or on inspection at site, the Company will assess the claim and
decide on appropriate redress within 10 business days (subject to
product testing or manufacturer involvement).
- Where a defect
is confirmed, the Company will, at its option and depending on
practicality and cost:
a. Repair the goods free of charge; or
b. Replace the goods with like-for-like items; or
c. Refund the purchase price (full or pro-rata) if repair or replacement is not practicable. - The consumer may
be entitled to choose refund or replacement where permitted by law, except
where the Company can demonstrate that refund is disproportionate compared
to repair/replacement.
10. Refund Method and Timing
- Approved refunds
will be made using the original payment method where practicable (bank
transfer, mobile money, card refund). Where the original method is
unavailable, the Company will agree an alternative method with the
customer.
- Refunds will be
processed within 14 business days after approval and receipt of
returned goods (or after agreement for non-return remedies). If the
Company needs to recover goods from site or engage a manufacturer,
processing may take longer; the Company will notify the customer and
provide estimated timing.
- The Company will
not deduct more than reasonable handling or inspection costs unless the
customer caused the damage or loss; any deduction will be explained in
writing.
11. Shipping, Collection & Costs
- For faulty
goods, the Company will normally bear reasonable return shipping or
collection costs.
- For non-fault
returns (e.g., change of mind where permitted), the customer shall be
responsible for return shipping and a reasonable handling fee.
- Where the
Company arranges return collection and the item is not found faulty on
inspection, the Company shall charge the customer for collection and
inspection.
12. Warranty & Manufacturer Guarantees
- Some goods carry
manufacturer warranties in addition to this policy. Warranty terms
(duration, coverage, claim process) will be provided with the product and
will be followed where applicable.
- This policy
complements manufacturer warranties and does not replace or limit them.
13. Services — Re-performance & Refunds
- Where services
are defective or not delivered as agreed, Expertech will first offer to re-perform
the service at no additional cost.
- If
re-performance is not possible or does not remedy the problem, the Company
will consider a pro-rata refund for the affected portion of the service,
or other equitable remedy.
- The Company will
not be liable for delays or defects caused by third-party supplied
materials where the third party is responsible, though the Company will
assist the customer to obtain remedy from the third party.
14. Dispute Resolution
- If a customer is
not satisfied with the Company’s decision, they should escalate to the
Company’s complaints officer. The Company aims to resolve disputes
internally within 30 days.
- If unresolved,
customers may lodge a complaint with the Competition Authority of Kenya
(CAK) or other relevant sector regulator (e.g., EPRA for energy
matters), or pursue legal remedies under Kenyan law. The CAK has powers to
order refunds, repairs, replacements and other remedies.
15. Limitation of Liability
- Nothing in this
policy will exclude or limit statutory consumer rights. Except as required
by law, the Company’s liability for defective goods or services will be
limited to repair, replacement or refund as described above. The Company
will not be liable for indirect or consequential losses arising from the
use of goods or services except where required by law.
16. Fraud Prevention & Abuse
- The Company
reserves the right to investigate suspected fraudulent or abusive
refund/return claims. Where fraud is detected, the Company may refuse the
claim and may pursue recovery, and report the matter to law enforcement.
17. Record Keeping & Privacy
- The Company will
keep records of all refund/return requests, inspections and remedies for a
minimum of 3 years. Personal data will be processed in accordance with
applicable data protection law and the Company’s privacy policy.
18. Policy Review
This policy will be reviewed periodically and
updated as needed to remain consistent with Kenyan law and best practice. Last
review date: 02/11/2025