Terms & Conditions
Engaging With Our Website Indicates Your Agreement With Our Terms & Conditions.
1. Acceptance of Terms
By engaging the services of SW Consultants' Kenya — whether through our website, telephone, email, WhatsApp, in-person consultation, or by accepting a written quotation — you agree to be bound by these Terms and Conditions in their entirety.
If you do not agree with any part of these Terms, you must not engage our services. These Terms apply to all clients, visitors, and any person or organization interacting with SW Consultants' Kenya in any capacity.
These Terms and Conditions constitute a legally binding agreement between you (the "Client") and SW Consultants' Kenya (the "Company"), governed by the laws of the Republic of Kenya.
2. About SW Consultants' Kenya
SW Consultants' Kenya is a Nairobi-based electrical and renewable energy consultancy providing:
Solar system design and installation
Electrical installation and wiring
Backup power systems (UPS, inverters, batteries)
Generator supply and installation
Energy audits and assessments
CCTV and security system installation
Maintenance, inspection, and repair services
Engineering consultancy
The Company operates in compliance with the Energy Act, 2019 (No. 1 of 2019), the Electricity Licensing Regulations, and relevant standards set by the Kenya Bureau of Standards (KEBS) and the Energy and Petroleum Regulatory Authority (EPRA).
3. Quotations and Estimates
3.1 All quotations provided by SW Consultants' Kenya are valid for a period of thirty (30) days from the date of issue, unless otherwise stated in writing.
3.2 Quotations are based on information provided by the Client at the time of enquiry. Any changes to the scope of work, site conditions, access requirements, or materials after a quotation has been issued may result in a revised quotation.
3.3 A quotation does not constitute a contract. A contract is formed only upon the Client's written acceptance of the quotation and receipt of any required deposit as specified herein.
3.4 Site assessments may be required before a final quotation can be issued for large or complex installations. SW Consultants' Kenya reserves the right to revise any preliminary estimate following a full site assessment.
3.5 All prices are quoted in Kenyan Shillings (KES) unless otherwise stated. Applicable taxes, including Value Added Tax (VAT) at the prevailing rate as set by the Kenya Revenue Authority, will be clearly indicated in quotations where applicable.
4. Payment Terms
4.1 Deposit: A deposit of fifty percent (50%) of the total quoted amount is required before any project commences, unless otherwise agreed in writing by both parties.
4.2 Final Payment: The remaining balance is due upon completion of the installation or service, prior to commissioning and handover, unless a different payment schedule has been agreed in writing.
4.3 Accepted Payment Methods: SW Consultants' Kenya accepts payment via:
M-Pesa (Safaricom mobile money)
Bank transfer to designated Company accounts
Cash (for amounts below KES 1,000,000, in accordance with best financial practice)
4.4 Late Payment: Any outstanding balance not settled within fourteen (14) days of the due date shall attract a late payment charge of 2% per month on the outstanding amount, compounded monthly, until the balance is fully settled.
4.5 Disputed Invoices: If the Client disputes any invoice in good faith, they must notify the Company in writing within seven (7) days of receipt, providing full details of the dispute. Undisputed portions of the invoice remain payable by the original due date.
4.6 Suspension of Services: The Company reserves the right to suspend ongoing works or withhold equipment and materials in the event of non-payment of any amount due under these Terms.
5. Project Scope and Variations
5.1 The scope of work to be carried out is as specified in the accepted written quotation.
5.2 Any variation to the agreed scope of work — including additional materials, design changes, unforeseen site conditions, or client-requested alterations — must be agreed in writing before being carried out. Such variations may result in additional charges and revised timelines.
5.3 SW Consultants' Kenya will not be held liable for delays or cost increases arising from variations requested by the Client or from site conditions not disclosed at the time of quotation.
6. Project Timelines and Completion
6.1 Estimated project timelines are provided in good faith and are based on information available at the time of quotation. They do not constitute a guarantee of completion by a specific date.
6.2 Timelines may be affected by factors outside the Company's reasonable control, including but not limited to: supplier delays, weather conditions, delayed client approvals, third-party utility connections, permit processing, or force majeure events.
6.3 The Company will notify the Client promptly of any anticipated delays and will use reasonable efforts to minimize their impact.
7. Client Obligations
The Client agrees to:
7.1 Provide accurate and complete information about the site, existing infrastructure, and intended use at the time of enquiry and throughout the project.
7.2 Ensure safe and unobstructed access to the site and relevant areas during agreed working hours.
7.3 Obtain all necessary planning approvals, landlord permissions, or regulatory consents required for the installation, unless otherwise agreed in writing that the Company will obtain these on the Client's behalf.
7.4 Ensure that existing electrical infrastructure on site is safe and compliant with applicable standards before the Company commences work. Where defects are identified, the Company reserves the right to require their rectification before proceeding.
7.5 Designate an authorized representative to liaise with the Company and make timely decisions on matters that require Client input or approval.
7.6 Settle all payments in accordance with the agreed payment schedule.
8. Warranties and Guarantees
8.1 Workmanship Warranty: SW Consultants' Kenya warrants that all installation work will be carried out with reasonable skill and care, in accordance with applicable Kenyan standards. A twelve (12) month workmanship warranty applies from the date of completion and handover, covering defects arising from faulty installation.
8.2 Equipment and Materials Warranty: Equipment and materials supplied by SW Consultants' Kenya are subject to the manufacturer's warranty terms, which will be communicated to the Client at handover. Manufacturer warranties typically range from one (1) to twenty-five (25) years depending on the product.
8.3 Warranty Exclusions: Warranties do not cover:
Damage arising from misuse, neglect, or unauthorized modification of installed systems
Normal wear and tear
Damage caused by power surges, flooding, fire, vermin, acts of God, or events beyond the Company's control
Defects in existing infrastructure not installed by the Company
Consumable items (such as batteries, bulbs, or fuses) beyond their rated lifecycle
8.4 Warranty Claims: All warranty claims must be submitted in writing to swconsultants8@gmail.com or via telephone to 0701071654 within the warranty period. The Company will assess the claim and respond within five (5) working days.
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable Kenyan law, SW Consultants' Kenya's total liability to the Client — whether in contract, tort, negligence, breach of statutory duty, or otherwise — shall not exceed the total amount paid by the Client to the Company under the specific engagement giving rise to the claim.
9.2 The Company shall not be liable for any indirect, special, consequential, or punitive losses, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business, or reputational damage, arising from or in connection with the provision of services.
9.3 Nothing in these Terms shall limit or exclude the Company's liability for death or personal injury caused by the Company's negligence, fraud, or any other liability that cannot be lawfully limited or excluded under the laws of Kenya.
10. Health, Safety, and Compliance
10.1 SW Consultants' Kenya is committed to operating in compliance with the Occupational Safety and Health Act, 2007 (OSHA 2007) and all applicable electrical safety regulations.
10.2 The Client must not interfere with, modify, or attempt to repair any electrical system or installation during the period that the Company is carrying out works, unless directed to do so by the Company's engineer.
10.3 The Company's engineers are authorized to halt work immediately if they identify conditions on site that pose a risk to safety. Work will resume only once the safety concern has been adequately addressed.
10.4 All completed electrical installations will be tested and, where required, inspected and certified in accordance with the applicable Kenya Standard (KS) and EPRA requirements.
11. Intellectual Property
11.1 All drawings, designs, technical documents, reports, energy assessments, and specifications prepared by SW Consultants' Kenya in connection with any project remain the intellectual property of the Company unless expressly transferred in writing.
11.2 The Client is granted a non-exclusive license to use such documents for the specific purpose for which they were prepared. The Client may not reproduce, share, or use such documents for any other purpose without prior written consent from the Company.
12. Confidentiality
12.1 Both parties agree to keep confidential all proprietary or sensitive information disclosed by the other party in connection with any engagement, and not to disclose such information to third parties without prior written consent, except as required by applicable law.
13. Force Majeure
13.1 Neither party shall be liable for failure or delay in performing their obligations under these Terms where such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to: acts of God, floods, fire, drought, earthquake, epidemic or pandemic, war, civil unrest, acts of government or regulatory authority, power grid failures, or supplier disruptions.
13.2 The party affected by a force majeure event must notify the other party in writing as soon as reasonably possible and use reasonable efforts to minimize the impact of the event.
14. Termination
14.1 Termination by Client: The Client may terminate an engagement by providing written notice to the Company. In such event, the Client shall remain liable for all costs and work completed up to the date of termination, including a reasonable cancellation charge for work already mobilized or materials already procured, not exceeding twenty percent (20%) of the total contract value.
14.2 Termination by Company: The Company may terminate any engagement by written notice to the Client if the Client: fails to make payment by the due date; breaches any material term of these Terms and Conditions; or becomes insolvent or enters administration.
14.3 Upon termination, any materials or equipment supplied by the Company that have not been paid for in full remain the property of SW Consultants' Kenya until all outstanding amounts are settled.
15. Dispute Resolution
15.1 In the event of any dispute arising from or in connection with these Terms, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation within twenty-one (21) days of a written notice of dispute.
15.2 If the dispute is not resolved through negotiation, either party may refer the matter to mediation conducted in Nairobi, Kenya, under mutually agreed terms.
15.3 Any dispute that is not resolved through mediation shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act, 1995 (Cap. 49) of the Laws of Kenya, with the seat of arbitration being Nairobi, Kenya, conducted in the English language.
15.4 Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction in Kenya.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Kenya.
16.2 Subject to Clause 15, both parties submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any disputes.
17. Amendments
17.1 SW Consultants' Kenya reserves the right to update or amend these Terms and Conditions at any time. The most current version will be published on our website.
17.2 Continued engagement of the Company's services following any amendments constitutes the Client's acceptance of the updated Terms.
18. Severability
18.1 If any provision of these Terms is found to be unlawful, invalid, or unenforceable under any applicable law, that provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19. Entire Agreement
19.1 These Terms and Conditions, together with any written quotation or project agreement signed by both parties, constitute the entire agreement between the Client and SW Consultants' Kenya in relation to the relevant engagement, and supersede all prior discussions, representations, and agreements.
20. Contact Us
For questions regarding these Terms and Conditions, please contact:
SW Consultants' Kenya Donholm Road, Caltex, Nairobi, Kenya 📞 0701071654 📧 swconsultants8@gmail.com
Terms & Conditions
Engaging With Our Website Indicates Your Agreement With Our Terms & Conditions.
1. Acceptance of Terms
By engaging the services of SW Consultants' Kenya — whether through our website, telephone, email, WhatsApp, in-person consultation, or by accepting a written quotation — you agree to be bound by these Terms and Conditions in their entirety.
If you do not agree with any part of these Terms, you must not engage our services. These Terms apply to all clients, visitors, and any person or organization interacting with SW Consultants' Kenya in any capacity.
These Terms and Conditions constitute a legally binding agreement between you (the "Client") and SW Consultants' Kenya (the "Company"), governed by the laws of the Republic of Kenya.
2. About SW Consultants' Kenya
SW Consultants' Kenya is a Nairobi-based electrical and renewable energy consultancy providing:
Solar system design and installation
Electrical installation and wiring
Backup power systems (UPS, inverters, batteries)
Generator supply and installation
Energy audits and assessments
CCTV and security system installation
Maintenance, inspection, and repair services
Engineering consultancy
The Company operates in compliance with the Energy Act, 2019 (No. 1 of 2019), the Electricity Licensing Regulations, and relevant standards set by the Kenya Bureau of Standards (KEBS) and the Energy and Petroleum Regulatory Authority (EPRA).
3. Quotations and Estimates
3.1 All quotations provided by SW Consultants' Kenya are valid for a period of thirty (30) days from the date of issue, unless otherwise stated in writing.
3.2 Quotations are based on information provided by the Client at the time of enquiry. Any changes to the scope of work, site conditions, access requirements, or materials after a quotation has been issued may result in a revised quotation.
3.3 A quotation does not constitute a contract. A contract is formed only upon the Client's written acceptance of the quotation and receipt of any required deposit as specified herein.
3.4 Site assessments may be required before a final quotation can be issued for large or complex installations. SW Consultants' Kenya reserves the right to revise any preliminary estimate following a full site assessment.
3.5 All prices are quoted in Kenyan Shillings (KES) unless otherwise stated. Applicable taxes, including Value Added Tax (VAT) at the prevailing rate as set by the Kenya Revenue Authority, will be clearly indicated in quotations where applicable.
4. Payment Terms
4.1 Deposit: A deposit of fifty percent (50%) of the total quoted amount is required before any project commences, unless otherwise agreed in writing by both parties.
4.2 Final Payment: The remaining balance is due upon completion of the installation or service, prior to commissioning and handover, unless a different payment schedule has been agreed in writing.
4.3 Accepted Payment Methods: SW Consultants' Kenya accepts payment via:
M-Pesa (Safaricom mobile money)
Bank transfer to designated Company accounts
Cash (for amounts below KES 1,000,000, in accordance with best financial practice)
4.4 Late Payment: Any outstanding balance not settled within fourteen (14) days of the due date shall attract a late payment charge of 2% per month on the outstanding amount, compounded monthly, until the balance is fully settled.
4.5 Disputed Invoices: If the Client disputes any invoice in good faith, they must notify the Company in writing within seven (7) days of receipt, providing full details of the dispute. Undisputed portions of the invoice remain payable by the original due date.
4.6 Suspension of Services: The Company reserves the right to suspend ongoing works or withhold equipment and materials in the event of non-payment of any amount due under these Terms.
5. Project Scope and Variations
5.1 The scope of work to be carried out is as specified in the accepted written quotation.
5.2 Any variation to the agreed scope of work — including additional materials, design changes, unforeseen site conditions, or client-requested alterations — must be agreed in writing before being carried out. Such variations may result in additional charges and revised timelines.
5.3 SW Consultants' Kenya will not be held liable for delays or cost increases arising from variations requested by the Client or from site conditions not disclosed at the time of quotation.
6. Project Timelines and Completion
6.1 Estimated project timelines are provided in good faith and are based on information available at the time of quotation. They do not constitute a guarantee of completion by a specific date.
6.2 Timelines may be affected by factors outside the Company's reasonable control, including but not limited to: supplier delays, weather conditions, delayed client approvals, third-party utility connections, permit processing, or force majeure events.
6.3 The Company will notify the Client promptly of any anticipated delays and will use reasonable efforts to minimize their impact.
7. Client Obligations
The Client agrees to:
7.1 Provide accurate and complete information about the site, existing infrastructure, and intended use at the time of enquiry and throughout the project.
7.2 Ensure safe and unobstructed access to the site and relevant areas during agreed working hours.
7.3 Obtain all necessary planning approvals, landlord permissions, or regulatory consents required for the installation, unless otherwise agreed in writing that the Company will obtain these on the Client's behalf.
7.4 Ensure that existing electrical infrastructure on site is safe and compliant with applicable standards before the Company commences work. Where defects are identified, the Company reserves the right to require their rectification before proceeding.
7.5 Designate an authorized representative to liaise with the Company and make timely decisions on matters that require Client input or approval.
7.6 Settle all payments in accordance with the agreed payment schedule.
8. Warranties and Guarantees
8.1 Workmanship Warranty: SW Consultants' Kenya warrants that all installation work will be carried out with reasonable skill and care, in accordance with applicable Kenyan standards. A twelve (12) month workmanship warranty applies from the date of completion and handover, covering defects arising from faulty installation.
8.2 Equipment and Materials Warranty: Equipment and materials supplied by SW Consultants' Kenya are subject to the manufacturer's warranty terms, which will be communicated to the Client at handover. Manufacturer warranties typically range from one (1) to twenty-five (25) years depending on the product.
8.3 Warranty Exclusions: Warranties do not cover:
Damage arising from misuse, neglect, or unauthorized modification of installed systems
Normal wear and tear
Damage caused by power surges, flooding, fire, vermin, acts of God, or events beyond the Company's control
Defects in existing infrastructure not installed by the Company
Consumable items (such as batteries, bulbs, or fuses) beyond their rated lifecycle
8.4 Warranty Claims: All warranty claims must be submitted in writing to swconsultants8@gmail.com or via telephone to 0701071654 within the warranty period. The Company will assess the claim and respond within five (5) working days.
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable Kenyan law, SW Consultants' Kenya's total liability to the Client — whether in contract, tort, negligence, breach of statutory duty, or otherwise — shall not exceed the total amount paid by the Client to the Company under the specific engagement giving rise to the claim.
9.2 The Company shall not be liable for any indirect, special, consequential, or punitive losses, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business, or reputational damage, arising from or in connection with the provision of services.
9.3 Nothing in these Terms shall limit or exclude the Company's liability for death or personal injury caused by the Company's negligence, fraud, or any other liability that cannot be lawfully limited or excluded under the laws of Kenya.
10. Health, Safety, and Compliance
10.1 SW Consultants' Kenya is committed to operating in compliance with the Occupational Safety and Health Act, 2007 (OSHA 2007) and all applicable electrical safety regulations.
10.2 The Client must not interfere with, modify, or attempt to repair any electrical system or installation during the period that the Company is carrying out works, unless directed to do so by the Company's engineer.
10.3 The Company's engineers are authorized to halt work immediately if they identify conditions on site that pose a risk to safety. Work will resume only once the safety concern has been adequately addressed.
10.4 All completed electrical installations will be tested and, where required, inspected and certified in accordance with the applicable Kenya Standard (KS) and EPRA requirements.
11. Intellectual Property
11.1 All drawings, designs, technical documents, reports, energy assessments, and specifications prepared by SW Consultants' Kenya in connection with any project remain the intellectual property of the Company unless expressly transferred in writing.
11.2 The Client is granted a non-exclusive license to use such documents for the specific purpose for which they were prepared. The Client may not reproduce, share, or use such documents for any other purpose without prior written consent from the Company.
12. Confidentiality
12.1 Both parties agree to keep confidential all proprietary or sensitive information disclosed by the other party in connection with any engagement, and not to disclose such information to third parties without prior written consent, except as required by applicable law.
13. Force Majeure
13.1 Neither party shall be liable for failure or delay in performing their obligations under these Terms where such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to: acts of God, floods, fire, drought, earthquake, epidemic or pandemic, war, civil unrest, acts of government or regulatory authority, power grid failures, or supplier disruptions.
13.2 The party affected by a force majeure event must notify the other party in writing as soon as reasonably possible and use reasonable efforts to minimize the impact of the event.
14. Termination
14.1 Termination by Client: The Client may terminate an engagement by providing written notice to the Company. In such event, the Client shall remain liable for all costs and work completed up to the date of termination, including a reasonable cancellation charge for work already mobilized or materials already procured, not exceeding twenty percent (20%) of the total contract value.
14.2 Termination by Company: The Company may terminate any engagement by written notice to the Client if the Client: fails to make payment by the due date; breaches any material term of these Terms and Conditions; or becomes insolvent or enters administration.
14.3 Upon termination, any materials or equipment supplied by the Company that have not been paid for in full remain the property of SW Consultants' Kenya until all outstanding amounts are settled.
15. Dispute Resolution
15.1 In the event of any dispute arising from or in connection with these Terms, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation within twenty-one (21) days of a written notice of dispute.
15.2 If the dispute is not resolved through negotiation, either party may refer the matter to mediation conducted in Nairobi, Kenya, under mutually agreed terms.
15.3 Any dispute that is not resolved through mediation shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act, 1995 (Cap. 49) of the Laws of Kenya, with the seat of arbitration being Nairobi, Kenya, conducted in the English language.
15.4 Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction in Kenya.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Kenya.
16.2 Subject to Clause 15, both parties submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any disputes.
17. Amendments
17.1 SW Consultants' Kenya reserves the right to update or amend these Terms and Conditions at any time. The most current version will be published on our website.
17.2 Continued engagement of the Company's services following any amendments constitutes the Client's acceptance of the updated Terms.
18. Severability
18.1 If any provision of these Terms is found to be unlawful, invalid, or unenforceable under any applicable law, that provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19. Entire Agreement
19.1 These Terms and Conditions, together with any written quotation or project agreement signed by both parties, constitute the entire agreement between the Client and SW Consultants' Kenya in relation to the relevant engagement, and supersede all prior discussions, representations, and agreements.
20. Contact Us
For questions regarding these Terms and Conditions, please contact:
SW Consultants' Kenya Donholm Road, Caltex, Nairobi, Kenya 📞 0701071654 📧 swconsultants8@gmail.com