TERMS AND CONDITIONS

Riverbest Kenya Ltd - TERMS AND CONDITIONS

Effective Date: 2021

These Terms and Conditions govern the provision of borehole drilling, hydrogeological survey, test pumping, water sampling, water quality analysis, borehole completion, and related services by Riverbest Kenya, a company registered and operating in the Republic of Kenya.

By requesting, accepting, or engaging Riverbest Kenya to provide any service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Contents

1. Our Services

1.1 Riverbest Kenya provides borehole-related services, which may include:

  • Hydrogeological and geological surveys;
  • Borehole siting and recommendations;
  • Borehole drilling;
  • Borehole casing and screen installation;
  • Gravel packing and related borehole construction works;
  • Test pumping and yield assessment;
  • Water sampling;
  • Chemical and/or microbiological water quality analysis through an appropriate laboratory;
  • Borehole development and cleaning;
  • Borehole completion documentation and reports; and
  • Other water-related services agreed upon with the client.

1.2 The exact services to be provided will depend on the client’s requirements, the site conditions, the agreed quotation, and any written proposal or contract issued by Riverbest Kenya.

1.3 A quotation or proposal issued by Riverbest Kenya will specify, where applicable, the scope of work, estimated drilling depth, materials, labour, equipment, transport, testing, reporting, applicable taxes, and payment terms.

1.4 Any work or service outside the agreed scope may attract additional charges. Riverbest Kenya will, where reasonably practicable, inform the client of such additional costs before undertaking the additional work.

2. Hydrogeological Survey and Water Availability

2.1 A hydrogeological or geological survey is carried out to assess the site and identify areas that may have potential for groundwater.

2.2 The results of a survey are based on available geological, hydrogeological, geophysical, and other relevant information and observations. A survey cannot guarantee the presence, quantity, quality, or long-term sustainability of groundwater.

2.3 The client acknowledges that groundwater conditions vary from one location to another and that the actual conditions encountered during drilling may differ from those anticipated from a survey.

2.4 Riverbest Kenya shall not be responsible for the absence of groundwater, insufficient water yield, poor water quality, or other underground conditions that could not reasonably have been determined before drilling.

2.5 Where a borehole does not produce the expected quantity or quality of water, the client remains responsible for the costs of work already carried out, including survey, mobilisation, drilling, labour, equipment, materials, transport, and other agreed expenses, unless otherwise expressly agreed in writing.

3. Borehole Drilling

3.1 The client authorises Riverbest Kenya and its employees, contractors, and equipment operators to access the agreed site for purposes of carrying out the contracted works.

3.2 The actual drilling depth may vary from the estimated depth stated in a quotation or proposal depending on the geological conditions encountered during drilling.

3.3 Additional drilling beyond the estimated or agreed depth may require additional payment where the additional work, materials, equipment, labour, or time were not included in the original quotation.

3.4 Riverbest Kenya will use reasonable professional care and appropriate equipment in carrying out the drilling works.

3.5 The client acknowledges that drilling is affected by subsurface geological conditions and that delays, changes in drilling depth, equipment requirements, or drilling methods may occur as a result.

4. Access to the Site

4.1 The client is responsible for ensuring that Riverbest Kenya has reasonable and safe access to the site at the agreed time.

4.2 The client must disclose any known conditions that may affect access to or work on the site, including:

  • Narrow or inaccessible roads;
  • Overhead power lines;
  • Underground utilities or pipelines;
  • Buildings, walls, trees, crops, or other structures;
  • Difficult terrain;
  • Security restrictions;
  • Flooded or waterlogged areas; and
  • Any other known site hazards.

4.3 The client is responsible for obtaining permission from the landowner where the client is not the registered or lawful owner of the property.

4.4 Where access to the site is restricted or unavailable, Riverbest Kenya may postpone the work and may charge reasonable additional costs resulting from mobilisation, demobilisation, waiting time, transport, equipment, or other expenses incurred.

4.5 Riverbest Kenya shall not be responsible for delays caused by the client’s failure to provide access or information necessary to carry out the work.

5. Permits, Approvals and Regulatory Requirements

5.1 Borehole drilling and groundwater development may be subject to applicable Kenyan laws, regulations, permits, approvals, environmental requirements, and requirements of relevant government or regulatory authorities.

5.2 The parties will agree in writing which permits, approvals, applications, reports, and regulatory requirements are included in Riverbest Kenya’s quoted services.

5.3 Where a permit, approval, government fee, laboratory fee, statutory charge, or other third-party cost is not included in the quotation, the client shall be responsible for such cost.

5.4 Riverbest Kenya will provide reasonable assistance with regulatory documentation where such assistance forms part of the agreed scope of work.

6. Pricing and Payment

6.1 The price for the services will be stated in the quotation, proposal, invoice, or other written agreement provided to the client.

6.2 Unless otherwise agreed in writing, the client shall make payments according to the payment schedule provided by Riverbest Kenya.

6.3 Any deposit or advance payment required before mobilisation will be used to cover mobilisation, planning, equipment, labour, materials, transport, and other costs associated with commencing the project.

6.4 Where additional work is required outside the original scope, Riverbest Kenya may issue an additional quotation or invoice before undertaking that work.

6.5 The client shall not withhold payment for completed work because the final water yield, water quality, or drilling depth differs from an estimate, where such difference results from subsurface conditions beyond Riverbest Kenya’s reasonable control.

6.6 All applicable taxes, statutory charges, laboratory charges, permit fees, and third-party costs shall be handled as stated in the quotation or otherwise agreed in writing.

7. Cancellation and Refund Policy

7.1 Cancellation Before Mobilisation

If the client cancels a project before Riverbest Kenya has incurred significant mobilisation, equipment, labour, material, survey, permit, or third-party costs, any refundable amount will be determined based on the costs already incurred by Riverbest Kenya.

7.2 Cancellation After Mobilisation

Once Riverbest Kenya has mobilised personnel, drilling equipment, vehicles, materials, or other resources to the client’s site, payments relating to costs already incurred may not be refundable.

The client may be required to pay reasonable costs incurred as a result of the cancellation, including mobilisation, demobilisation, transport, labour, accommodation, equipment use, materials, permits, and other committed expenses.

7.3 Cancellation After Work Has Commenced

Where drilling, surveying, construction, testing, sampling, or other contracted work has commenced, the client shall pay for all work completed and costs incurred up to the date of cancellation.

Any remaining balance, if applicable, will be assessed after deducting amounts properly payable for work performed and expenses incurred.

7.4 Failed or Low-Yield Borehole

Payment for drilling and related services does not constitute a guarantee that a commercially viable quantity of groundwater will be obtained.

A borehole may encounter:

  • No groundwater;
  • Insufficient water yield;
  • Water at a greater depth than anticipated;
  • Poor or unsuitable water quality; or
  • Geological conditions that make further drilling impractical.

In such circumstances, amounts paid for work already performed, equipment, labour, materials, mobilisation, drilling, testing, and other incurred costs shall not automatically be refundable.

Any remedial work, deepening, additional drilling, rehabilitation, or alternative borehole shall be subject to a separate agreement and quotation unless otherwise stated in writing.

7.5 Refund Processing

Where Riverbest Kenya agrees that a refund is due, the refund will normally be processed through the original payment method or another method mutually agreed by the parties.

Refunds will be made after Riverbest Kenya has completed the necessary reconciliation of amounts paid, work performed, materials used, and costs incurred.

7.6 Non-Refundable Third-Party Costs

Government fees, permit charges, laboratory fees, specialist services, transport costs, and other third-party expenses that have already been paid or committed on behalf of the client may be non-refundable.

7.7 No Refund for Change of Mind

A client who changes their mind after work has commenced remains responsible for reasonable costs already incurred and work completed under the agreed contract.

8. Test Pumping and Water Yield

8.1 Where included in the agreed scope, Riverbest Kenya may conduct test pumping to assess the performance and approximate sustainable yield of the borehole.

8.2 The results of test pumping represent the conditions observed during the testing period and should not be interpreted as an absolute guarantee of the same water yield throughout the lifetime of the borehole.

8.3 Actual borehole performance may vary depending on seasonal groundwater conditions, pumping equipment, groundwater recharge, surrounding abstraction, drought, and other environmental or geological factors.

9. Water Quality and Laboratory Analysis

9.1 Where water sampling and laboratory analysis are included in the agreed services, Riverbest Kenya will collect and submit samples in accordance with the agreed procedure.

9.2 Laboratory results are based on the sample submitted and the tests conducted by the relevant laboratory.

9.3 Riverbest Kenya does not guarantee that groundwater will meet drinking-water or other intended-use standards before laboratory testing has been conducted.

9.4 The client is responsible for obtaining appropriate professional advice regarding the suitability of the water for drinking, domestic, agricultural, commercial, industrial, or other intended uses.

9.5 Where treatment is required to make the water suitable for a particular use, such treatment will be subject to a separate quotation unless already included in the agreed scope.

10. Borehole Completion and Documentation

10.1 Upon completion of the agreed works, Riverbest Kenya may provide relevant documentation such as drilling records, test pumping results, water quality results, and borehole completion documentation where included in the agreed scope.

10.2 Any statutory or regulatory report will be prepared or submitted in accordance with the requirements applicable to the project and the services agreed with the client.

10.3 The client shall provide accurate information and documents reasonably required to complete the relevant documentation.

11. Client Responsibilities

The client agrees to:

(a) Provide accurate information concerning the property and intended use of the borehole;

(b) Provide lawful access to the site;

(c) Inform Riverbest Kenya of known hazards, underground utilities, structures, boundaries, and restrictions;

(d) Make payments when due;

(e) Obtain any permissions that are the client’s responsibility;

(f) Provide information and documents reasonably required to perform the services;

(g) Ensure that the site is reasonably accessible and safe for the agreed works; and

(h) Comply with applicable laws, regulations, and requirements relating to the client’s property and use of the borehole.

12. Delays and Events Beyond Our Control

12.1 Riverbest Kenya will make reasonable efforts to complete the work within the estimated timeframe provided to the client.

12.2 However, completion dates may be affected by circumstances beyond our reasonable control, including:

  • Severe weather;
  • Flooding;
  • Difficult geological formations;
  • Equipment breakdown;
  • Road or site access problems;
  • Government or regulatory delays;
  • Shortages of materials or equipment;
  • Labour disruptions;
  • Security incidents;
  • Natural disasters;
  • Changes in applicable laws or regulations; or
  • Other circumstances beyond Riverbest Kenya’s reasonable control.

12.3 Where such circumstances occur, Riverbest Kenya will communicate with the client and take reasonable steps to minimise the effect of the delay.

13. Suspension or Termination of Services

13.1 Riverbest Kenya may suspend or terminate the contract where:

(a) The client fails to make a payment when due;

(b) The client fails to provide necessary information or documentation;

(c) The client fails to provide reasonable site access;

(d) Continuing the work would create an unreasonable safety risk;

(e) The client requests work that would breach applicable law or regulatory requirements; or

(f) Circumstances beyond Riverbest Kenya’s reasonable control make continued performance impractical.

13.2 If the contract is terminated, the client remains responsible for payment for work completed and reasonable costs incurred up to the date of termination.

13.3 Where a refund is applicable, it will be handled in accordance with Section 7 of these Terms and Conditions.

14. Disclaimer and Limitation of Liability

14.1 Riverbest Kenya will perform the agreed services with reasonable care and professional diligence.

14.2 However, Riverbest Kenya does not guarantee:

  • The presence of groundwater at a particular location;
  • A particular borehole depth;
  • A particular water yield;
  • A particular groundwater quality;
  • That groundwater will remain available indefinitely;
  • That the water will be suitable for a particular use without treatment; or
  • That geological or groundwater conditions will correspond exactly with predictions or survey findings.

14.3 To the extent permitted by applicable Kenyan law, Riverbest Kenya shall not be liable for indirect, incidental, special, or consequential losses arising from circumstances outside its reasonable control.

14.4 Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

15. Personal Information

15.1 Riverbest Kenya may collect personal and property-related information reasonably necessary to provide the services.

15.2 Such information may include the client’s name, telephone number, email address, property location, project details, payment information, and documents necessary for regulatory or service purposes.

15.3 Riverbest Kenya will use such information for purposes connected with providing the requested services, communicating with the client, processing payments, fulfilling regulatory requirements, and managing the client relationship.

15.4 Where third-party service providers are required, information may be shared only to the extent reasonably necessary to provide the relevant service or comply with applicable legal requirements.

16. Intellectual Property

16.1 Unless otherwise agreed in writing, all intellectual property rights in Riverbest Kenya’s website, branding, text, graphics, photographs, designs, reports, templates, and other original materials remain the property of Riverbest Kenya or the relevant rights holder.

16.2 The client may use project-specific reports and documentation supplied to them for purposes relating to their property and borehole, subject to any applicable third-party rights and agreed restrictions.

17. Communications and Notices

17.1 Any notice or communication relating to these Terms and Conditions may be provided in writing by email, postal address, telephone, WhatsApp, or another communication method agreed between Riverbest Kenya and the client.

17.2 Riverbest Kenya’s contact details are:

Riverbest Kenya
P.O. Box 47270-00100
Nairobi, Kenya
Email: info@riverbestkenya.co.ke
Website: www.riverbestkenya.co.ke

17.3 The client is responsible for ensuring that the contact information provided to Riverbest Kenya is accurate and up to date.

17.4 Important project instructions, variations, approvals, and agreements should, where reasonably practicable, be confirmed in writing.

18. Complaints and Dispute Resolution

18.1 If the client has a complaint regarding the services, the client should contact Riverbest Kenya as soon as reasonably possible and provide details of the issue.

18.2 The parties shall first attempt to resolve any dispute through good-faith discussion and mutual negotiation.

18.3 Where a dispute cannot be resolved through negotiation within fourteen (14) days after written notification of the dispute, either party may pursue the appropriate dispute-resolution mechanism available under Kenyan law, including arbitration where agreed or applicable.

19. General Terms

19.1 These Terms and Conditions, together with the applicable quotation, proposal, invoice, scope of work, and any written agreement between Riverbest Kenya and the client, constitute the agreement between the parties concerning the relevant services.

19.2 If there is a conflict between these Terms and Conditions and a specific written project agreement signed or accepted by both parties, the specific project agreement shall prevail to the extent of the inconsistency.

19.3 Riverbest Kenya may update these Terms and Conditions from time to time. Updated terms will apply to new projects from the date they are published or otherwise communicated.

19.4 The client may not transfer their contractual rights or obligations to another person without Riverbest Kenya’s prior written consent.

19.5 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.6 A delay or failure by either party to enforce a right under these Terms and Conditions shall not constitute a waiver of that right.

20. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Any dispute arising from these Terms and Conditions shall, where possible, first be addressed through mutual negotiation between the parties. Where the dispute cannot be resolved through negotiation, it may be referred to the appropriate dispute-resolution process or competent court in accordance with Kenyan law.

Client Acknowledgement

By accepting a quotation, making a payment, authorising Riverbest Kenya to commence work, or otherwise instructing Riverbest Kenya to provide the services, the client confirms that they have read, understood, and accepted these Terms and Conditions.

Riverbest Kenya
P.O. Box 47270-00100
Nairobi, Kenya
Email: info@riverbestkenya.co.ke
Website: www.riverbestkenya.co.ke

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