Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," "You") and Phaltom Motors Limited ("Company," "We," "Us," "Our"). By accessing our website, submitting inquiries, purchasing vehicles, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

Phaltom Motors Limited provides a range of automotive services including but not limited to:

• Sale of new and used motor vehicles (European, Japanese, and Chinese brands)
• Vehicle financing through partner banks and microfinance institutions
• Sale of automotive parts, tyres, and car accessories
• Motor vehicle servicing, repairs, bodyworks, and painting
• Car tracking systems installation and monitoring
• Car insurance services and claims assistance
• Installation of audio systems, alarms, and security systems

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

3. User Accounts

To access certain features of our website or services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Be at least 18 years of age to create an account or make purchases

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Vehicle Purchases

All vehicle sales are subject to the following conditions:

• Vehicle Descriptions: We strive to ensure all vehicle listings are accurate. However, specifications, colors, and features may vary slightly from images and descriptions.
• Price Confirmation: All prices are in Kenyan Shillings (KES) and are subject to change without notice. The final price will be confirmed at the time of purchase.
• Test Drives: Test drives are available by appointment only. A valid driver's license is required.
• Vehicle Inspection: Customers are encouraged to inspect vehicles thoroughly before purchase. Used vehicles are sold "as-is" unless otherwise specified in writing.
• Transfer of Ownership: We assist with the transfer of vehicle ownership documents through the National Transport and Safety Authority (NTSA).

5. Financing Services

When applying for vehicle financing through our partner institutions:

• Financing approval is subject to the lender's credit assessment criteria
• Interest rates and terms are determined by the respective financial institution
• We act as a facilitator and are not responsible for loan decisions made by lenders
• You authorize us to share your information with partner financial institutions for loan processing
• Late payments may result in penalties and affect your credit rating

6. Pricing and Payments

Payment terms for vehicle purchases and services:

• A deposit may be required to reserve a vehicle (typically 10-30% of the purchase price)
• Full payment must be completed before vehicle delivery or registration
• Accepted payment methods include bank transfer, financing, and cash (subject to limits)
• All payments must be made in Kenyan Shillings (KES)
• Prices exclude statutory fees including VAT, NTSA transfer fees, and insurance where applicable

7. Warranty and Returns

New Vehicles: Come with manufacturer warranty as specified by the brand. Warranty terms vary by manufacturer.

Used Vehicles: May include a limited warranty as specified in your purchase agreement. Standard warranty covers engine and transmission for 6 months unless otherwise stated.

Return Policy: Due to the nature of vehicle sales, we do not offer returns or refunds after delivery unless required by law. In case of defects covered under warranty, repairs will be arranged at our service center.

8. Intellectual Property

All content on our website including text, graphics, logos, images, videos, software, and trademarks are the property of Phaltom Motors Limited or our licensors and are protected by Kenyan and international copyright laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

9. Prohibited Conduct

You agree not to:

• Use our website or services for any illegal purpose
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with the operation of our website or services
• Submit false or misleading information
• Harass, abuse, or harm our employees or other customers
• Resell vehicles purchased from us for commercial gain without authorization
• Reverse engineer any software or systems used by Phaltom Motors

10. Limitation of Liability

To the maximum extent permitted by law, Phaltom Motors Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our website or services
• Any conduct or content of any third party on our services
• Unauthorized access to or alteration of your transmissions or data
• Any other matter relating to our services

Our total liability for any claim arising out of these Terms shall not exceed the amount you paid us in the preceding 12 months.

11. Indemnification

You agree to indemnify, defend, and hold harmless Phaltom Motors Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your use of our website or services
• Your violation of any third-party rights
• Any content you submit or transmit through our website

12. Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination shall survive.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Dispute Resolution

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya. Judgment upon the arbitration award may be entered in any court having jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Effective Date" at the top of this page
• Sending email notifications to registered users (where applicable)

Your continued use of our website or services after any changes constitutes acceptance of the new Terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Phaltom Motors Limited
P.O. Box 43796-00100, Nairobi, Kenya
Email: legal@phaltommotors.com
Phone: +254 726 681010
WhatsApp: +254 726 681010