Terms and Conditions

The OMC expressly warrants that all products subject to any order placed on the Nexus system have been duly declared and fully cleared by the Kenya Revenue Authority (KRA) prior to submission of the corresponding customs entry and order.

The OMC shall bear sole responsibility for ensuring the accuracy, completeness and legality of all customs documentation and entries submitted. Any false, incomplete or misleading declaration shall be the sole liability of the OMC.

Processing of any order on the Nexus system is strictly conditional upon confirmation that the relevant customs entry has been properly cleared by KRA. Orders associated with uncleared, pending or non-compliant entries may be rejected, suspended or delayed without notice.

Upon expiry of the customs entry, CWR charges shall automatically commence and continue to accrue irrespective of whether an extension has been applied for or granted. The OMC acknowledges full responsibility for any such charges and agrees that these shall be payable without dispute.

The OMC acknowledges that any delay arising from failure to obtain prior customs clearance, discrepancies in documentation or non-compliance with regulatory requirements shall be solely attributable to the OMC. The system operator shall not be held liable for any resulting losses, damages or disruptions.

The OMC agrees to indemnify and hold harmless the system operator, its affiliates and agents from and against any claims, penalties, fines or liabilities arising out of or related to non-compliance with customs regulations or failure to secure KRA clearance prior to order placement.

The system operator reserves the right to verify the clearance status with KRA and may place any order on hold, pending clarification and revert to the OMC for cancellation and resubmission where necessary.

The Nexus system operates solely as a technology platform facilitating order processing based on information submitted by OMCs. The system operator does not participate in, control, or assume responsibility for the underlying commercial transactions, ownership of products, or regulatory compliance obligations of the OMC..

All processing within the Nexus system is based exclusively on information provided by the OMC. The system operator shall not be responsible for verifying the authenticity, accuracy, or completeness of such information and disclaims all liability arising from reliance thereon.

The system operator shall not be liable for any delay, failure, or disruption in processing arising from events beyond its reasonable control, including but not limited to regulatory changes, actions by government authorities, system outages, third-party service failures or acts of God.

The OMC acknowledges and agrees that all records, logs and transaction data generated by the Nexus system shall constitute the official and binding record of all transactions and communications conducted through the platform.

AThe OMC warrants that all data submitted through the Nexus system complies with applicable data protection, privacy, and confidentiality laws. The OMC further confirms that it has obtained all necessary consents and approvals for such data submission. The system operator shall not be liable for any claims arising from inaccurate, unauthorized or unlawful data provided by the OMC.