Terms and Conditions

Agreement and Acceptance

These terms and conditions (“Terms”) form a legally binding agreement (“Agreement”) between you (hereafter referred to as “you,” “your,” or “customer” and Newmatic Kitchen Tanzania Limited (hereafter referred to as “Newmatic,” “our,” “we” or “us”). By using our website or placing an order through it or our shops, you consent to be bound by these Terms and Conditions. If You do not agree to all of the Terms and Conditions, do not place an order. These Terms may be subject to amendment, so You should read them carefully before placing any order. The Terms and Conditions apply to all orders from Newmatic for purchasing goods and services. No other terms apply unless specified in the Sale Order or otherwise agreed in writing between Newmatic and You. If there is any contradiction between these Terms and those set out in the Agreement executed between you and Newmatic, the Agreement shall prevail.

Disclaimer for Products Sold & Warranty Terms

Except as expressly stated herein, Newmatic Kitchen Tanzania Ltd makes no representations or warranties, either express or implied, of any kind with respect to products sold. In no event shall Newmatic Kitchen Tanzania Ltd, its Directors, Employees and Representatives be liable for direct, indirect, consequential or punitive damages related to the products sold. If You find that the product is faulty or defective, you should immediately, not later than three days, return it to us together with the receipt for the purchase. All faults will be handled in accordance with the manufacturer’s limited warranty.
To avoid doubt, Newmatic will not be liable for any fault in the devices outside the manufacturer’s warranty. Any logistical expense reasonably incurred by us in extending such benefit shall be held to your account.
This warranty is the only warranty given by Newmatic and specifies its entire liability, including liability for negligence and in particular, but without limitation, all statutory or other express, implied, or collateral terms.
Conditions or warranties are excluded to the fullest extent provided by law. You are hereby advised to take note of any limitations and restrictions thereof and to examine the features of the product before making a purchase. The Warranty is Void if Installation is Not Done by Newmatic.
You agree that once the product has been purchased and released to you, there will be no replacement or repair unless the same is under the manufacturer’s limited warranty.

Delivery

We will not be responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. You will need to advise us of any changes in delivery instructions or circumstances. At the time of delivery, you or your representative will be asked to sign a form acknowledging that the goods were delivered in good and proper condition. The Person who signs the form shall be deemed to have the authority to bind the Customer to this Agreement. Newmatic shall not be under any obligation to make inquiries about whether the Person has such authority. Please inspect the Products immediately upon delivery. If you are not entirely satisfied with your purchase, please return it to our delivery staff on the spot. Should you decide to return the goods after our delivery staff has left, please do so with the Product instact in the carton box with all components, accessories and packaging intact. Newmatic reserves the right to reject any returns not in original condition. If you request the merchandise to be left unattended upon delivery, Newmatic accepts no responsibility for any loss, damage or theft that might occur thereafter. If you need to postpone your delivery, please contact our customer service staff at least two days in advance and the next delivery can only be done as per the delivery schedule running on that day of postponement. It is your responsibility to ensure that the goods can be delivered to the place of your choice. We will only deliver beyond the entrance of the premises at your own risk. Deliveries will be done within 5-7 days of purchase. Reasons for delay could include: customisation of products, specialised items, unforeseen circumstances or difficult delivery conditions. All delivery charges are fixed as quoted. However, additional charges may apply in circumstances where normal site access is not available such as deliveries involving stairs or where changes to delivery arrangements were notified to us less than 24 hours before the scheduled time of delivery. Additional charges will be paid directly to Newmatic’s Paybill Number or Bank Account(s). It is your responsibility to advise us at the time of sale about any unusual delivery circumstances. All 1st schedule deliveries within Dar es Salaam are free for any total purchase of appliances. Charges shall be implemented on subsequent deliveries based on your area. Deliveries outside Dar es Salaam can be arranged by third party transport companies at your own cost and risk.

Unable to Deliver

If we are unable to deliver the goods after two attempts, we will try to find a secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can rearrange delivery. If you are not going to be at the delivery location at the agreed time, please contact us to reschedule the delivery on a mutually convenient day.

Risk and Title

Risk in the Products will pass to You upon collection of the Products from Newmatic or delivery of the Products to the location as indicated by You. For the avoidance of doubt, Newmatic will not be responsible for any loss or damage to the Products upon collection or delivery of the Products to the agreed location. The Title of these Products will pass to You upon payment of the Products in full.

Payment & Payment Methods

All prices displayed are in Tanzanian Shilling and inclusive of VAT. Value of the Product is as at the date of the Customer’s application or purchase. No adjustment shall be made for promotions or price cuts by Newmatic. While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover any error in the price of product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund. We are under no obligation to sell the product(s) to you at an incorrect lower price even after we have sent You an Order Confirmation if the pricing error is an obvious typographical or arithmetic inaccuracy and could have reasonably been recognised by You as such. We accept cash all Visa and Mastercard credit cards, payment via Cheque and Banker’s Draft but deliveries will only be made once the Bank confirms that the Cheque or Banker’s Draft has cleared. To protect your security and to prevent credit card fraud where possible, we reserve the right to verify your proof of identity on all purchases. All Cheques or Banker’s Draft must be made in the name of Newmatic Kitchen Tanzania Limited. Payment in full, including finalisation of any lay-by arrangements is required prior to delivery arrangements being made, as payment of delivery will not be accepted. If the delivery and billing addresses are different, you must provide proof of address to us so that we may carry out the necessary security checks.

Refunds & Returns

If there is any fault in the appliances supplied to you, you shall call the store within 24 hours and we will arrange a technician to visit and inspect the fault or damage. If the fault or damage cannot be repaired then the appliances shall be replaced for you if in stock or a credit voucher of equal value will be issued in its place. However, this will not apply if the fault is caused by abuse, misuse or damage by accident or neglect. When purchasing appliances, please ensure that you have bought the correct size of appliances for your kitchen. You are strongly recommended to check the length, width and height of the appliances before purchase. Cancellation on special order appliances shall not be entertained. The dimension of our appliances are mentioned on the product display information and during the site visit. Only the store of purchase may advised on cancellations, and no later than three working days prior to the schedule delivery date. We will not accept cancelled orders after that time. Cancellations are subject to an order cancellation fee of Tsh. 50,500 per item. Please choose carefully as we don’t give refunds if the Customer changes their mind or makes the wrong decision. Instead, we shall issue a credit note of equal value so that you may make another purchase with Us. Exchanges and refunds can be given where goods are faulty and cannot be replaced or rectified, wrongly described, different from the sample shown to you or is not performing as expected.

Product Delivery & Installations

Delivery of the items to be installed shall be as per the agreed sales order, unless a mutual agreement on the order changes based on the site preference. Delivery of items to be installed with be done within 5 – 7 days. Reasons for delays could be due to customised or specialised products, unforeseen circumstances or difficult delivery conditions. All 1st schedule deliveries to site areas within Dar es Salaam shall be free, but the Customer shall bear the charges for subsequent deliveries. You agree to provide labour to carry items to your respective premises. A request for installation shall be made at least 7 days in advance for our office to arrange delivery of items to the site. Confirmation of the delivered items shall be effected by signing the delivery notes, with full names, contact details and signature of the recipient, and shall include the date when the delivery was made. No sealed cartons shall be opened unless a representative from Newmatic is there for installation.

Assessment & Installation

Newmatic team shall visit the site and give you the measurements, power outlet location, granite conditions, cabinet adjustments for all units. You agree to provide the labour required to carry these items to your respectively premises for installation. The site shall be ready when all units have been adjusted accordingly as per the assessment report given by the Newmatic team. You shall bear the costs of any such adjustments. The 1st schedule of installations (in Dar es Salaam only) shall be free but you shall bear the cost of subsequent installations. Installation and testing shall be done and confirmed by the site manager and a Newmatic representative. The confirmation shall be in writing and signed by both the site manager and the Newmatic representative. Kitchen appliances should be the last items installed in the house after all required provisions and measurements have been put into consideration. Newmatic will not be responsible for any damage resulting from construction work/debris still ongoing.

Storage & Lay Bys

Items purchased will not be reserved until a minimum of 50% of the invoice’s value has been paid. The maximum storage time in our warehouse is not more than 30 days as delays in delivery acceptance will result in additional storage and insurance cost. In the event you fail to take your delivery within 30 days of notification by us, we will charge you Tsh. 8,400/- per day per order.

Customer's Contact Details

We want to ensure you receive your purchases as soon as possible. Please be sure to provide your exact delivery address and telephone number. Incorrect information may result in delays in processing your purchases. Please note the Sales Staff’s name and the date of orders purchased and/or placed for any future queries. Any rescheduled deliveries arising from wrong information being provided will be chargeable.

Stock Availability

All products and spare parts are subject to stock availability.

Pricing Policy

We have a competitive pricing policy on all our products. Products which are part of sales promotions, clearance corners and special offers have a fixed price and no further reduction is applicable.

Governing Law & Dispute Resolution

You are responsible for compliance of the laws applicable to you wherever you access this Website. This Agreement shall be governed by and shall be construed in accordance with the laws of Tanzania. All disputes relating to this Agreement shall be settled in the courts located in the Republic of Tanzania.

Variation

We have the right to revise or amend these terms and conditions at any time. Our right to amend these Terms includes the right to modify, add to, or remove items in these general terms and conditions. Your continued access or use of our Services constitutes an acceptance of the amended terms. The revised general terms and conditions shall apply from the date of publication on our website.

No Waiver

No waiver of any breach of any provision of these Terms shall be construed as a further or continuing waiver of any other breach of that provision of any breach of any other provision of these Terms. If we fail at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver for any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

Severability

If a provision of these general terms and conditions is determined by any court or any other competent authority to be unlawful and/or unforceable, the other provisions will continue in effect. I any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.

Transfer of Rights & Obligations

The Contact between You and Us is binding on You and Us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce, or otherwise limit any warranty or guarantee which may have been provided by Us to You, whether express or implied.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storms, floods, earthquakes, subsidence, epidemics or any other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunication networks; The acts, decrees, legislation, regulations or restrictions of any government; Any shipping, postal, or other relevant transport strike, failure or accidents. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Entire Agreement

These Terms and any document expressly referred to in them represent the entire Agreement between You and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing. Both You and Us acknowledge that, in entering into this Contract, neither You nor Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and Us prior to such Contract except as expressly stated in these Terms. Neither You nor Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

General

No Terms and Conditions endorsed upon, delivered with or contained in Your documentation will form a part of this Agreement and You waive your right which You otherwise might have to rely on such Terms and Conditions. Any notice required to be given to Newmatic shall be deemed to have been given if it is posted by registered mail or delivery by hand or courier service to the aforementioned address and marked for the Attention of the Chief Executive Officer. Any notice required to be given to You shall be deemed to be so given if it addressed to You at your last known address and delivered by registered mail, by hand or by courier service to You. Such notice shall be deemed to have been received five (5) business days after posting or if delivered by hand or courier upon receipt by the duly authorised office. Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. In all cases, remedies offered by us shall not affect your statutory rights or our statutory responsibilities. The construction, validity and performance of this Agreement shall be governed in all respects by the laws of the Republic of Tanzania.

Aftersales Service

In the event you wish to discuss your order or purchase, please call or Whatsapp us on +255 764 740 972. You may also send a letter to the Customer Service Department, Newmatic Appliances Limited, P.O. Box P.O Box 2574 – 14112, Mikocheni, Dar es Salaam., email us at info@newmatic.com or send us a message on our contact us page.