CONDITION OF SALES – KOLOS CEMENT LTD

1. GENERAL PRINCIPLES

Except where expressly agreed to the contrary in writing beforehand, these terms and conditions shall be applicable to all offers, quotations and/or contracts, sales awarded to, and orders placed with Kolos Cement Ltd (hereinafter referred to as ‘Kolos’ or the ‘Seller’). Customers own conditions and/or those of third parties will not be applicable even where Kolos Cement Ltd has not expressly rejected them or objected to them.

The waiver or forbearance or failure of Kolos Cement Ltd in insisting in any one or more instances upon the performance of any provisions of this agreement shall not be construed as a waiver or relinquishment of Kolos’ rights to pursue such performance in future and the other party’s obligations in respect of such performance shall continue in full force and effect.

2. ORDERS

In the absence of a specific contract, a purchase agreement is reached between parties when a quotation document is remitted by the Seller and agreed to by the Buyer, either by his express confirmation on such quotation returned to the Seller, or by the remittance by the Buyer of a Purchase Order which shall be deemed to be an order on the terms stipulated in the quotation.

In the absence of remittance to the Buyer of a written quote, the Delivery Note shall have contractual value on condition that it includes all the necessary elements for the sale namely in addition to the present terms which are expressly hereby included, the price and the quantity denominations.

An order confirmed by the Buyer consists of an obligation intuitu personae of his part and cannot be assigned.

Any alterations, minor or major, or cancellation of orders requested by the Buyer shall be invalid if made later than one full business day of the date of expected delivery.

Once such delay for alteration or cancellation has lapsed, the Seller reserves all its rights and specifically its right to claim all return costs, as well as all damage and prejudice suffered due to the cancellation or other alteration of the order placed.

3. DELIVERY TERMS

3.1 Delivery to Buyer is either made:

• At the factory of Seller (Ex-Factory); or

• Upon unloading of goods purchased at the site or store of Buyer; or

• At any site indicated by the Buyer in advance at the time of purchase (Sale Delivered).

3.2 Ex-Factory sales:

Bag cement sold is directly loaded on the carrier vehicle. Maximum Tonnage and weight loaded is subject to the maximum load authorized in accordance with the vehicle registration document. (Horsepower should be sent by email on purchase.online@koloscement.com for registration purposes.)

The vehicle of the Buyer or its transporter(s) should allow loading by forklift when necessary.

Loading operations on a vehicle are carried out by the Buyer according to instructions given by the driver of the vehicle (Transporter) under his authority and control, but subject to and in compliance with Kolos Cement Ltd site security regulations and this, at the sole risk of the Buyer who shall exercise any legal claim against the Transporter if same is a third party.

3.3 Sale Delivered:

It is to be noted that should the Seller agree to an incomplete or lesser order, additional costs shall be borne by the Buyer.

The Buyer shall be solely responsible for any delay in delivery caused by the route(s) and/or unloading site(s) which are not appropriate or any other unforeseen circumstances causing delay in delivery of the goods purchased to site at the expected delivery time and shall be responsible for any damage or prejudice resulting therefrom.

The Buyer shall further bear any cost or damage caused to either Kolos Cement Ltd or the Transporting Party due to insufficient or inaccurate information given regarding the delivery site location.

Deliveries by the Seller will be done under the following conditions:

• On ground floor only – Deliveries will not be performed on upper floors.

• Easy access to delivery site – The Seller may be asked to share photos of site access.

• If access on delivery site is limited – unloading will be done on a maximum distance of 5 metres from where the lorry is parked.

It is expressly agreed between the parties that unloading at the site of the Buyer shall be under the sole responsibility, control and ‘garde’ of the Buyer notwithstanding any assistance provided for such unloading by any personnel of the Transporting Party.

4. DELAYS IN DELIVERY

4.1 Ex-Factory: The delivery of products shall be carried out during the planned loading time which is fixed at the time of placing the order. Non-adherence to the planned loading time may lead to delays and/or termination of the sale without any prejudice accruing to the Seller.

4.2 Sale Delivered: The day and time of delivery is fixed by the Seller, subject to the access to loading and availability of transportation.

4.3 Delivery Services are categorised as follows:

• Express Delivery: Delivery will be arranged within the next working day after order validation.

• Normal Delivery: Delivery will be arranged within the next two working days after order validation.

NOTE: To benefit from Express Delivery, order should be placed between 06:30 and 16:00. Deliveries will be rescheduled for the next working day if planned delivery happens to be on a Public Holiday or a weekend.

In no case will any delay in delivery, amount to an actionable claim in damages and/or interest or justify any retention or cancellation of any pending orders. Kolos Cement Ltd reserves the right to bring changes in its office opening hours from time to time, and notice of such change, reduction or alteration shall be affixed at Kolos Cement Ltd Head Office.

5. USE OF E-CALCULATOR

a. The E-calculator result is only an estimate and should not be considered as final.

b. All products suggested are recommendations only.

Kolos Cement Ltd shall not be held liable for any undesired outcome of a project including over or under stock of products. Each result generated – which includes materials needed and quantities - should be confirmed by a Quantity Surveyor or any other person undertaking the project.

6. RECEPTION, RETURN AND GUARANTEE

a. In case of Ex-factory sales, the taking charge of the goods by the client includes the express and unequivocal agreement that the said goods are compliant and in conformity with the order, both with regards to the quality and denomination as well as the quantity of the goods.

b. The goods sold delivered shall be deemed received as soon as they arrive at destination. Only the weight stated either on the Weighing Certificate or on the documents of transportation (weigh bridge) and confirmed in the delivery note or the invoice shall be proof of the quantity delivered. The delivery note must be signed by the Buyer or its representative, and this signature presumes conformity of the goods delivered in relation to the order.

c. IMPORTANT: Delivery of a quantity of cement of plus or minus half percent (0.5%) of weight of the ordered quantity shall be considered in conformity with such order.

d. All weighing needs to be carried out at one time over a calibrated weigh bridge.

e. Without prejudice to any action which may be entered vis-a-vis the Transport Party, all claims in relation to the non-conformity of the goods or extraneous defects will not be considered if they are not notified in writing by registered post with confirmation of receipt and same expedited to the Seller within a delay of two business days following the delivery of the goods. In absence of any claim or notification made within this delay, each delivery shall be considered as accepted without any reservations.

f. Moreover, the Buyer is also under obligation to notify in writing any reservations or claims it may have on the delivery note and/or the transport document given to the Transporting Party. In the alternative, the seller declines all liability, and no claim shall be thereafter considered.

g. By the transformation, alteration, incorporation, or treatment of the goods (including but not limited to the addition of any other product or cement additive other than those of the Seller, or of any other additives), the buyer renounces irrevocably to any claim or recourse it may have had in relation to the conformity of the goods delivered.

h. The conditions of storage, utilisation and use of the products as well as adherence with the prevailing technical norms are the sole responsibility of the Buyer.

i. Any recommendations or information provided by the Seller are only to be construed as simple precautionary measures whether in relation to the product or its usage and shall not be considered as a commitment to guarantee any results.

j. In general terms, the guarantee on goods due by the seller is limited, either to the replacement of the products found defective, or to the restitution of their purchase price, at the discretion of the seller, and this to the exclusion of all other indemnity, claim, damage, or interests.7. TRANSFER OF RISK AND OF PROPERTY

a. The transfer of risk relating to loss, deterioration, or damage to the goods occurs at the time of start of loading of the product at the site of the Seller in relation to Ex-factory sales, and at the time of arrival of the products at the site of delivery (before unloading) in cases of Sales Delivered.

b. For Sales Delivered, the transportation of the goods is carried out at the risk of the Seller. The responsibility of the seller is limited however to the risk of loss, of deterioration or damage of the products and this to the exclusion of any other risk. The Seller declines all responsibility in relation to any other risk suffered or caused during transportation, such as for example damages caused to third parties by the goods, delays in delivery etc… In all circumstances, whatsoever, the responsibility of the Seller shall not exceed the value of the consignment.

7. TRANSFER OF RISK AND OF PROPERTY

8. PRECAUTIONARY MEASURES

a. The Seller warns the Buyer that certain constituents of cement may provoke certain discomforts such as burns, redness, allergies on prolonged contact with the skin or on projection in the eyes. It is therefore advised to wear protective clothing for the usage of the goods - (goggles, combination, gloves, boots…). In case of irritation, rinse with plenty of water and consult a doctor.

b. The Buyer acknowledges having received a security chart relating to the product delivered. An additional copy may be requested by the Buyer.

9. PRICE

a. The price is calculated inclusive of tax and without any discount whether Ex-factory or Sales delivered.

b. At each delivery, an invoice shall be remitted to the buyer, and such invoices are payable under these terms and conditions of contract between the Buyer and the Seller.

10. FORCE MAJEURE

a. If due to Force Majeure, the seller is in the impossibility or incapacity to complete its obligation the execution of the contract shall be suspended for the time for which Kolos Cement Ltd shall not be in a position to deliver any cement.

b. Force Majeure events include but are not limited to cyclones, natural calamities, fire, strikes, sabotage, legal orders for non-delivery, shortage of cement in stock, actions of authorities or Government.

11. MISCELLANEOUS

a. The interpretation and execution of the present general terms and conditions of sale together with all acts which follow there from shall be interpreted according to the laws of Mauritius.

b. All matters of litigation or other claims shall be made before the competent courts in Mauritius.

c. If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforce ability of the remainder of this Agreement shall not be affected.

d. The conditions overleaf shall apply to this quotation and to any contract between the seller and the buyer for the supply of items detailed in this quotation [Please read all of them carefully].

TERMS & CONDITIONS

1. The Online Portal

1.1. This Online Portal accessible on https://www.mosima.koloscement.com (hereinafter referred to as the “Portal”) is owned and operated by Kolos Cement Limited, a company having its principal place of business at Mer Rouge, Port Louis bearing Business Registration Number C06017125 (hereinafter referred to as “Kolos Cement Limited”).

1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:

o Registration Policy

o Security & Privacy Policy

o Products & Services Policy

o Cancellation of Order & Refund Policy

o Liability & Disclaimer Policy

The above policies shall collectively be referred to as the “Policies”.

1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.

1.4. By browsing and/or registering on this Portal, you are providing Kolos Cement Limited your consent for the processing of your personal information as defined in the Security & Privacy Policy.

1.5. Kolos Cement Limited reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you read and acknowledge these Terms & Conditions each time you access the Portal.

2. Definitions and Interpretation

2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:

2.2. “Business Day” means any day of the week other than Saturday, Sunday, or public holiday in the Republic of Mauritius.

2.3. “Calendar Day” means any day of the week, including Saturday, Sunday, or public holiday in the Republic of Mauritius.

2.4. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person.

2.5. “Intellectual Property" means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Kolos Cement Limited on or in connection with this Portal;

2.6. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes, and methods used by Kolos Cement Limited in connection with this Portal, as well as all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them.

2.7. “Kolos Cement Limited” will include the employees, officers, advisers, service providers, suppliers, and content providers of Kolos Cement Limited.

2.8. “Products & Services” products, devices, accessories, content, any other products, or services which may be offered by Kolos Cement Limited on the Portal.

2.9. “Trademarks” means those trademarks owned by companies within Kolos Cement Limited and any other trademarks, designs, logos, style names and slogans which Kolos Cement Limited either owns or has the right to use or any derivative service offerings of, and applications for, any of same.

2.10. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal.

2.11. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal.

3. Capacity to Contract

You hereby warrant to Kolos Cement Limited that you have the required legal capacity to enter and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.

4. Modification of these Terms & Conditions

4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. Kolos Cement Limited reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.

4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility, and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.

4.3. Kolos Cement Limited will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.

4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.

5. Other Terms and Conditions

Certain Products & Services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product Conditions & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.

6. Login and Registration

Prior to any online purchase, you must register your details online to initiate any order. (Please refer to the Registration Policy)

7. Your behaviour when using the Portal

7.1. You may not use the Portal to obtain or distribute:

7.2. Materials which are defamatory, unlawful, containing hate speech; or

7.3. Bulk e-mail, whether solicited or unsolicited.

7.4. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm, or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.

7.5. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing, or spamming; and/or any other malicious behaviour.

7.6. You may not intercept any information transmitted to or from Kolos Cement Limited or this Portal which is not intended by Kolos Cement Limited to be received by you.

8. Disclaimer and Limitation of Liability on this Portal

The use of the Portal and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.

9. Governing Law

This Portal is hosted, controlled, and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.

10. Personal Information Protection / Online Privacy Policy

Please refer to the Security & Privacy Policy on the processing of personal information and personal information protection.

11. Disputes

11.1. If any claim, matter or dispute arises between you and Kolos Cement Limited arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Customer support department on 2178016 or by email on purchase.online@koloscement.com. Both parties shall first strive to amicably resolve all matters or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.

11.2. Notwithstanding the clause

11.3. Kolos Cement Limited reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation, or amendment of these Terms & Conditions. You agree that Kolos Cement Limited is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.

11.4. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Kolos Cement Limited, including but not limited to, for the collection of any outstanding debts due and payable by you to Kolos Cement Limited.

12. Intellectual Property Rights

All the content, trademarks, and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Kolos Cement Limited and as such are protected from infringement by local and international legislation and treaties. All copyright subsisting on the Portal, including these Terms & Conditions, vested in Kolos Cement Limited and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.

13. Marketing

By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Kolos Cement Limited from time to time.

14. Registration Policy

14.1. This Registration Policy must be read together with the Terms and Conditions for Kolos Cement Limited Online Portal and the Policies indicated therein.

14.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to:

- Make online purchases

- Receive newsletters with exclusive online offers

14.3. Customers will need to provide the following details to process their registration:

- Full Name

- Mobile Phone Number

- A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts).

14.4. Online registration is free of charge for the Customer.

14.5. Kolos Cement Limited shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.

14.6. This registration is subject to the Security & Privacy Policy.

14.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.

14.8. The Customer agrees that:

- He will keep his username and password safe and will not share them with anyone.

- He will not surrender his account to someone else.

- He takes full responsibility in case he allows someone else to place an online order using his account credentials.

- He will not pass himself off as someone else or create multiple, fake accounts.

- He will not use the account for any unlawful purposes.

14.9. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep Kolos Cement Limited harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.

14.10. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform Kolos Cement Limited on 2178016 or via email on purchase.online@koloscement.com without any delay. Upon receiving this notification, Kolos Cement Limited may reject any orders not yet executed and deactivate the Customer’s password and account. Kolos Cement Limited will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold Kolos Cement Limited harmless from any losses resulting from his non-compliance to the clause 1.9.

14.11. To deregister from the Portal account, the Customer must send an email to purchase.online@koloscement.com. The process will be undertaken by latest the next business day and a confirmation email will then be sent to the Customer.

15. Security and Privacy Policy

15.1. We will only send your personal information such as name, email ID, telephone number to third party companies should you request a call back from a company promoting their offer(s) on koloscement.com. By filling in the request call back form and submitting it, you consent and agree that your personal information will be sent to the company in question so that they can contact you directly, either by mail or phone to respond to your interest in their product or service.

15.2. The Customer is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Customer agrees to accept full responsibility for all activities that occur under his account and/or using his password.

15.3. During registration on the Portal, the Customer will be asked to choose a login name and a password to access his account. His email address will be used as his login ID.

15.4. If the Customer forgets or loses his password, the password can be reset online.

15.5. The Customer should change his password on a regular basis.

15.6. The Customer should be precautious with automatic sign in; and must refrain from checking the “Remember me” option on the application form screen if he uses a shared computer.

15.7. The Customer should notify his Bank immediately when his bank card is lost, stolen, or expired.

15.8. Kolos Cement Limited implements security measures to protect personal information of the Customers during payment transactions. All information pertaining to any transaction on the Portal is encrypted using Secure Socket Layer (SSL) protocol before transmission. This Portal secures the Customer’s private information using an SSL Certificate.

15.9. If the Customer updates any of his information, Kolos Cement Limited may keep a copy of the information that the Customer originally provided in Kolos Cement Limited’s archives for reasons as documented in this Policy. The Customer can view and modify his personal information by clicking on the Portal option “My Account”.

15.10. Kolos Cement Limited may also share the Customer’s data with its banks and other authorized persons for the purpose of processing the online payment transactions.

16. Privacy

16.1. Kolos Cement Limited undertakes to protect the information provided by the Customer in compliance with the Data Protection Law of Mauritius.

16.2. By visiting the Portal, the Customer accepts the practices described in this Security & Privacy Policy and consents to our collection, use, disclosure, and retention of his personal information as described in the Terms and Conditions.

16.3. Kolos Cement Limited will receive and store any information the Customer enters on the Portal or provides in any other way. Kolos Cement Limited shall use the information that the Customer provides for such purposes as responding to his requests, customizing future shopping for him, improving its stores, and communicating with him.

16.4. Cookies

Kolos Cement Limited automatically collects certain personal information when the Customer is using the Portal and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the Portal and/or mobile applications and sites that have embedded Kolos Cement Limited’s platform technology. Through cookies and other technologies Kolos Cement Limited is able to recognize the Customer as an existing or registered user of the Portal and/or mobile application.

A cookie is a tiny data file that resides on the Customer’s computer, mobile phone, or other device, and allows Kolos Cement Limited to recognize the Customer when he returns to the Portal using the same computer and web browser.

16.5. Kolos Cement Limited may use the Customer’s personal information as follows:

• To better understand the Customer’s needs and to provide a better overall service by contacting the Customer in relation to the Products and Services provided by Kolos Cement Limited.

• To inform the Customer about deals and promotions that Kolos Cement Limited may have, by sending promotional materials or details by e-mail or post.

• To contact the Customer regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services.

• To fulfil the Customer’s transaction requests, and to deliver the ordered products to the Customer.

• As requested by law.

16.6. The Customer’s personal information can only be disclosed to third parties where required or as authorized by the Law.

16.7. Kolos Cement Limited makes no warranty that:

1. The Portal will meet the Customer’s requirements or will always be accessible.

2. The Portal will be uninterrupted, timely, secure, error-free, or free from computer virus or other invasive or damaging code.

3. The results that may be obtained from the use of the Portal will be accurate or reliable.

4. The quality of any products, services, information, or other material purchased or obtained by the Customer through the Portal will meet his expectations; and

5. Any errors in the Portal will be corrected.

17. Product & Services Policy

17.1. Online purchase:

17.1.1. The Customer must be a registered Customer (kindly refer to the Registration Policy) to make online purchases and payments.

17.1.2. Payment for Products & Services shall be made in local currency (Mauritian Rupee).

17.1.3. The Customer can choose from the following payment methods at the moment of placing an online order:

a. Credit Card.

b. Debit Card – For Debit Card Holders, please ensure with your bank that e-commerce payments are enabled.

17.1.4. Value Added Tax (VAT) is included in the showcase price.

17.2. Notifications on successful / failed transactions

17.2.1. A confirmation including a receipt of the transaction (the “Transaction Receipt”) will be sent to the Customer ‘s e-mail account upon successful online payment for Products & Services purchased.

- The Transaction Receipt will have a unique identification number to the transaction.

- The Customer’s bank card account number will not appear on the Transaction Receipt.

17.2.2. The Customer can always view order history of his account by logging into ‘My Account’ accessible on the Portal.

17.3. Prices

17.3.1 Our products are sold at the price advertised on the website at the time of your order. We reserve the right to change the prices at any time, prior to the confirmation of your order. All prices are listed in Mauritian rupees.

18. Cancellation of Order & Refund Policy

For the purchase of products, the Customer may cancel his order within 24 hours following the purchase by calling the Kolos Cement Limited Customer Care on 2178016. Note: Business days only - Excluding Public Holidays.

18. Liability & Disclaimer Policy

18.1. Kolos Cement Limited will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond Kolos Cement Limited’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.

18.2. Kolos Cement Limited shall not be liable for the unavailability of the Portal in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Kolos Cement Limited is not responsible or any other cause, whether similar or dissimilar, outside Kolos Cement Limited’s control.

18.3. No liability of any nature whatsoever shall be incurred by Kolos Cement Limited on the happening of a force majeure or any such events as aforesaid.

18.4. The use of the Portal and reliance on any products or services available online is entirely at the Customer’s own risk. The Portal, including all its functionalities, is provided “as is” and Kolos Cement Limited will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Portal for any reason whatsoever.

18.5. Kolos Cement Limited does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to, or distributed through the Portal. The Customer acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at his sole risk. Kolos Cement Limited reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.

18.6. Whilst Kolos Cement Limited takes reasonable precautions in its operation of the Portal, neither Kolos Cement Limited nor its representatives will assume any responsibility and neither Kolos Cement Limited nor its representatives shall be liable for any damages to or for viruses that may infect the Customer’s computer equipment or other property on account of his access to, use of or browsing of the Portal or his downloading of any materials, data, text images, video or audio from this Portal. Any material downloaded or otherwise obtained through the use of the Portal is done at the Customer’s own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and Kolos Cement Limited will be held harmless from such claims at all times.

18.7. The Customer agrees that under no circumstances whatsoever, Kolos Cement Limited, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or customers, resulting from his use of or inability to use the Portal or its material.

18.8. Kolos Cement Limited will at its best-efforts screen or edit all the content available from the Portal to ensure that there is no illegal, defamatory, or obscene content. You are encouraged to inform Kolos Cement Limited of any content on the Portal that may be offensive or illegal and hold Kolos Cement Limited harmless from any claims arising thereof.

19. Offers and promotions

19.1. You should rely on the product text description when you place your order. Photographs do not form part of the contract of sale and are for guidance only.

19.2. We reserve the right to withdraw or vary our offers and promotions at any time, prior to the confirmation of your order, without notice.

20. Payment

20.1. We accept payment by Credit Card and Debit Card. – For Debit Card Holders, please ensure with your bank that e-commerce payments are enabled.

20.2. All payments are made using the secure online banking system of SBM Gateway Service.

20.3. Once payment is cleared, you will receive an automated confirmation email of your order. At that stage, you will not be able to add extra products to your initial order.

21. General terms

21.1. You must show your National Identity Card (NIC) as proof of identity as well as quote your Order Number before delivery or collection can be made. Your NIC number will be noted down by the carrier or by our agent at the chosen pick-up point.

21.2. If a third party takes delivery of your order, he/she will also have to show his/her own NIC before delivery can be made. The carrier or agent at the pick-up point will note down his/her NIC number.

21.3. We will not be liable for the late or non-delivery of the products or for any loss, damage and/or prejudice suffered due to any incorrect delivery or other information you have provided us or occasioned by events beyond our reasonable control.

22. Intellectual property

22.1. The content of this website is protected by copyrights, trademarks, database, and other intellectual property rights.

22.2. You may copy or store the content of this website only for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices.

22.3. It is strictly prohibited to make use of this website other than for the viewing of information displayed on this website and for ordering purposes

23. Data protection

23.1. By registering with us and ordering from us, you consent to us collecting, recording, and processing your personal data to process your orders, improve our service to you and to inform you of promotions and special offers. All data is collected lawfully, in accordance with the Data Protection Act 2017.

23.2. We will only send you information on promotions, special offers and surveys with your express permission. If you opt in and then wish to opt out of it, you can click on the “Unsubscribe” button when receiving our emailer.

23.3. If you have any further queries in relation to Data Protection, please contact our Customer Service.

24. Applicable law

24.1. The relevant laws of Mauritius will apply to these terms and conditions and the courts of Mauritius will have exclusive jurisdiction.

24.2. If any of these terms and conditions is found to be unlawful, invalid, or unenforceable, it will not affect the remaining terms and conditions. These will continue to be valid and enforceable to the fullest extent permitted by Mauritian law.

25. DELIVERY TERMS

25.1. Deliveries are scheduled from 08:00 to 15:30 on business days, which may be subject to change. Any delivery time is an estimate. You will be requested to sign the delivery note with your own pen. Thanks to ensure to have your own pen at hand.

25.2. Collection of cement by own transport can be carried out from 08:00 to 14:00 on business days at the following business units:

• Kolos Cement Ltd (minimum order of 86 bags)

• Kolos Building Materials Phoenix

• Kolos Building Materials St Julien D’Hotman

• Kolos Building Materials Union Park

25.3. The seller declines all responsibilities in relation to any other risks during the transportation of sold goods. Transportation of goods sold is fully under the responsibility of the Buyer.