Terms of service

These Terms of Service govern your access to and use of the Werlar Solar Equipment & Machinery website, including any purchases, enquiries, quotations, installation services and other transactions made through the website.

Throughout these Terms, “Werlar,” “we,” “us” and “our” refer to Werlar Solar Equipment & Machinery. “You,” “your” and “customer” refer to any person accessing the website, requesting a quotation or purchasing products or services from Werlar.

By accessing the website, submitting an enquiry, accepting a quotation or placing an order, you agree to these Terms of Service together with our:

• Return and Refund Policy
• Privacy Policy
• Shipping Policy
• Warranty terms
• Any quotation, invoice or installation agreement issued for your order

Nothing in these Terms excludes consumer rights that cannot legally be excluded. Kenya’s Consumer Protection Act addresses unfair trade practices and consumer transactions, while the Sale of Goods Act regulates contracts involving the sale of goods. Personal information must also be handled in accordance with Kenya’s Data Protection Act and applicable regulations.

1. About our website

Werlar provides information and sells products that may include:

• Solar panels
• Solar batteries
• Inverters and charge controllers
• Complete solar systems
• Water pumps
• Generators
• Compressors
• Power tools
• Construction machinery
• Electrical equipment
• Cables and accessories
• Installation and technical services

Product availability and services may vary depending on location, stock levels, supplier availability and technical requirements.

We may update, suspend or discontinue any part of the website without prior notice. This does not affect orders that we have already accepted unless we contact you and agree on an alternative arrangement.

2. Eligibility to purchase

You must have the legal capacity to enter into a binding agreement to place an order.

Where an order is placed on behalf of a company, institution, organization or another person, you confirm that you have authority to enter into the transaction on their behalf.

Customers under the legal age required to enter into a purchase agreement should place orders with the involvement of a parent, guardian or authorized adult.

3. Product information

We make reasonable efforts to provide accurate:

• Product names
• Images
• Technical specifications
• Dimensions
• Capacities
• Prices
• Compatibility information
• Stock information
• Warranty information

However, product images may be illustrative, and colours or minor design details may appear differently depending on lighting, screen settings or manufacturer updates.

Manufacturers may change product packaging, model appearance or specifications. Where a change materially affects the product’s function or suitability, we will make reasonable efforts to inform you before fulfilment.

You are responsible for reviewing the product description and confirming that the product is suitable for your intended application.

4. Technical guidance and recommendations

Werlar may provide guidance based on the information supplied by the customer.

Recommendations for solar systems, batteries, pumps, generators, machinery or electrical equipment may depend on factors such as:

• Total electrical load
• Appliance starting power
• Daily energy consumption
• Pumping height and distance
• Water-source depth
• Cable distance
• Battery autonomy requirements
• Installation environment
• Available sunlight
• Operating hours
• Intended commercial or domestic use

You must provide complete and accurate information when requesting technical advice.

Werlar will not be responsible for an unsuitable recommendation where the customer provided incomplete, inaccurate or misleading information or later changed the intended use without notifying us.

For complex installations, a site assessment may be required before we can confirm the final system design or installation cost.

5. Quotations

A quotation is valid for the period stated on it. Where no validity period is shown, it will normally remain valid for 7 calendar days, unless withdrawn earlier because of:

• Supplier price changes
• Exchange-rate changes
• Stock changes
• Manufacturer changes
• Typographical errors
• Changes to the customer’s requirements

A quotation is not a confirmed order until:

• The customer accepts the quotation;
• Any required deposit or payment is received; and
• Werlar confirms acceptance of the order.

Installation quotations are based on the information available when the quotation is prepared. Additional charges may apply if site conditions, cable distances, structural requirements or customer instructions differ from the original information.

6. Orders and acceptance

Submitting an order does not automatically mean that Werlar has accepted it.

We may confirm acceptance through:

• An order-confirmation email
• A WhatsApp confirmation
• A telephone confirmation
• An invoice
• A payment confirmation
• Dispatch of the product

We may reject or cancel an order before dispatch where:

• The product is unavailable
• The price or description contains an obvious error
• Payment cannot be verified
• Fraud or unauthorized activity is suspected
• Delivery to the requested location is not reasonably possible
• The product is restricted from delivery to the requested destination
• The order cannot safely or technically be fulfilled

When Werlar cancels a paid order before fulfilment, the amount paid for the cancelled item will be refunded.

7. Prices

Unless stated otherwise, prices are displayed in Kenyan shillings.

Prices may change without notice. A price change will not affect an order that Werlar has already accepted, except where:

• There was an obvious pricing error;
• The customer changes the order;
• The quotation has expired; or
• Additional work or products are requested.

Product prices may not include:

• Delivery
• Installation
• Site assessment
• Extra cabling
• Mounting structures
• Civil works
• Plumbing
• Electrical upgrades
• Transport of heavy machinery
• County permits or approvals
• Other charges specifically identified before fulfilment

The applicable charges will be shown at checkout, stated in the quotation or confirmed with the customer.

8. Pricing and website errors

Despite reasonable efforts, the website may occasionally contain incorrect prices, descriptions, stock information or specifications.

Where an error is obvious, Werlar is not required to supply the product at the incorrect price or specification.

We will contact you to:

• Confirm the correct information;
• Offer a suitable alternative; or
• Cancel and refund the affected item.

9. Payment

Available payment methods may include:

• M-Pesa
• Bank transfer
• Card payment
• Cash on delivery for eligible orders
• Other approved payment methods displayed at checkout

Payment is considered received only after it has cleared and has been verified by Werlar or the relevant payment provider.

You are responsible for using accurate payment details and ensuring that you are authorized to use the selected payment method.

Werlar will not request your confidential card PIN, mobile-money PIN or online-banking password.

10. Deposits and installation payments

Some products, special orders and installation projects may require a deposit.

Unless otherwise stated in writing:

• The deposit confirms the order and allows procurement or work to begin;
• The balance must be paid according to the agreed payment schedule;
• Products may not be dispatched or commissioned until the required payment is received.

Where Werlar has already purchased custom, imported or special-order goods, the deposit may not be refundable except where required by law or where Werlar cannot fulfil the order.

Any non-refundable amount will be explained before the customer commits to the order.

11. Cash-on-delivery orders

Cash on delivery may be available only for selected products and locations.

Werlar may require:

• Telephone verification
• A delivery deposit
• Payment of transport charges in advance
• Identification or location confirmation
• Full prepayment for high-value, imported or special-order products

Customers must be available to receive and pay for confirmed cash-on-delivery orders.

Additional transport costs may apply where delivery fails because the customer:

• Provided an incorrect address;
• Was unavailable;
• Could not be contacted;
• Refused a correct order without an approved reason; or
• Requested redelivery.

12. Stock availability

Products shown on the website may become unavailable before the website stock status is updated.

Where an ordered product is unavailable, Werlar may offer:

• A revised delivery date;
• An equivalent or improved alternative;
• Store credit; or
• A refund for the unavailable item.

We will not substitute a materially different product without the customer’s approval.

13. Delivery

Delivery times are estimates and may vary due to:

• Destination
• Product size and weight
• Courier schedules
• Road conditions
• Weather
• Supplier delays
• Public holidays
• Security conditions
• Events outside Werlar’s reasonable control

Customers must provide:

• The correct recipient name
• An active telephone number
• An accurate delivery location
• Any access instructions required for delivery

Risk of loss or damage passes according to the applicable delivery arrangement and mandatory law. Customers should inspect products upon delivery and promptly report visible damage, missing items or incorrect products.

Product-specific shipping information may be shown on the product page or confirmed before dispatch.

14. Heavy products and machinery delivery

Generators, compressors, pumps, machinery, batteries and other heavy products may require special transport.

Unless expressly included in the quotation, the customer is responsible for:

• Offloading arrangements
• Safe access to the premises
• Lifting equipment
• Suitable storage
• Site preparation
• Permissions required to access the site

Werlar should be informed in advance where the delivery location has restricted access, stairs, narrow entrances, rough roads or other conditions that may affect delivery.

15. Installation services

Installation services are supplied only where expressly included in the order or quotation.

Before installation, the customer must provide:

• Safe access to the site
• Accurate information about the premises
• Permission to perform the agreed work
• Suitable working space
• Access to relevant electrical, plumbing or structural areas
• Any permits or landlord approvals required

Additional charges may apply where the installation requires work that was not reasonably identifiable from the information originally provided.

Examples include:

• Extra cabling
• Trenching
• Roof reinforcement
• New distribution boards
• Plumbing modifications
• Concrete bases
• Additional transport
• Difficult site access
• Removal of old equipment
• Changes requested after work begins

Any significant additional work should be discussed with the customer before it is carried out.

16. Installation safety

Solar systems, batteries, generators, pumps and electrical equipment must be installed and operated correctly.

Customers should not:

• Modify installed equipment without authorization
• Bypass protective devices
• Connect loads beyond the system capacity
• Mix incompatible batteries or equipment
• Alter wiring without a qualified technician
• Operate machinery contrary to manufacturer instructions
• Use equipment in unsafe or unsuitable conditions

Werlar is not responsible for damage caused by unauthorized modification, overloading, negligent operation, incorrect installation by third parties or failure to follow safety instructions.

17. Customer responsibilities

You agree to:

• Provide accurate order and contact information
• Confirm product suitability before purchase
• Follow operating and maintenance instructions
• Use products only for their intended purpose
• Arrange qualified installation where required
• Inspect delivered goods promptly
• Notify Werlar of defects or damage without unreasonable delay
• Preserve receipts, serial numbers and warranty documents
• Avoid unauthorized repairs during the warranty period

You are responsible for obtaining any approvals required for installation or use at your property.

18. Warranties

Some products are supplied with a manufacturer, distributor or Werlar warranty.

Warranty duration and coverage may vary by product.

A warranty claim may require:

• Proof of purchase
• Serial number
• Photos or videos
• Installation information
• System readings
• Inspection
• Return of the product
• Assessment by an approved technician

Unless the applicable warranty provides otherwise, warranty coverage does not normally include damage caused by:

• Incorrect installation
• Overloading
• Power surges
• Lightning
• Water damage
• Fire
• Accidents
• Neglect
• Unauthorized repairs
• Improper maintenance
• Incompatible equipment
• Normal wear and tear
• Use contrary to instructions

Warranty remedies may include diagnosis, repair, replacement or another remedy permitted by law.

19. Returns and refunds

Returns, exchanges and refunds are governed by our Return and Refund Policy, which forms part of these Terms.

Customers must contact Werlar before returning a product. Unauthorized returns may be refused or delayed.

Nothing in the Return and Refund Policy or these Terms limits rights and remedies that cannot lawfully be excluded under applicable consumer law. Kenya’s Competition Act also addresses consumer protection against unfair and misleading market conduct.

20. Special-order and customized products

Special-order products may include:

• Imported equipment
• Custom solar systems
• Cut-to-length cables
• Specially configured products
• Products procured specifically for one customer
• Customized mounting structures
• Non-standard machinery or accessories

Once procurement or customization has begun, these orders may not be cancellable or returnable unless the product is defective, incorrectly supplied or otherwise subject to a mandatory legal remedy.

21. Product performance

Product performance figures may be based on manufacturer testing or standard operating conditions.

Actual performance may be affected by:

• Weather
• Solar irradiation
• Battery condition
• Load patterns
• Pumping head
• Water availability
• Cable losses
• Installation quality
• Temperature
• Maintenance
• Fuel quality
• Operating environment

An estimate of what a solar system can power is guidance rather than a guarantee that every listed appliance can operate simultaneously.

Customers must disclose high-starting-current appliances such as pumps, motors, compressors, refrigerators and air conditioners when requesting system recommendations.

22. Website accounts

Where customer accounts are available, you are responsible for:

• Keeping login details confidential
• Providing accurate account information
• Restricting unauthorized access to your device
• Notifying Werlar if you suspect unauthorized account use

Werlar may suspend an account where fraudulent, abusive or unlawful activity is suspected.

23. Reviews, comments and submissions

Where you submit reviews, photographs, comments, enquiries or other content, you confirm that:

• You have the right to submit it;
• It is accurate to the best of your knowledge;
• It does not infringe another person’s rights;
• It is not unlawful, defamatory, threatening or misleading;
• It does not contain malicious software or spam.

You grant Werlar permission to use genuine customer reviews and submitted product feedback for operating and promoting the business, subject to applicable privacy law and any consent requirements.

We may remove submissions that violate these Terms.

24. Intellectual property

The website and its original content, including its:

• Logo
• Branding
• Text
• Graphics
• Layout
• Photography
• Product guides
• Icons
• Videos
• Design elements

are owned by Werlar or used with permission from their respective owners.

You may use the website for personal or legitimate business purchasing purposes. You may not reproduce, republish, scrape, sell, modify or commercially exploit website content without permission.

Manufacturer names, product names and trademarks remain the property of their respective owners.

25. Acceptable use

You must not use the website to:

• Commit fraud or impersonate another person
• Submit false orders
• Interfere with website security
• Upload malware or harmful code
• Attempt unauthorized access
• Collect customer information without authorization
• Misuse payment systems
• Violate intellectual-property rights
• Engage in unlawful, abusive or misleading conduct
• Place orders for resale through deceptive or unauthorized means

We may restrict access, cancel orders or report conduct where reasonably necessary to protect the website, customers or business.

26. Third-party services

The website may use third-party services for:

• Shopify hosting and checkout
• Payment processing
• Delivery
• Analytics
• Advertising
• Reviews
• WhatsApp communication
• Maps
• Product recommendations

Third-party services may have their own terms and privacy policies.

Werlar is not responsible for third-party platforms outside our reasonable control, but this does not remove our obligations regarding products and services sold directly by Werlar.

27. Third-party links

The website may contain links to external websites.

These links are provided for convenience and do not necessarily mean that Werlar endorses all content, products or practices on those websites.

You should review the terms and privacy policies of external websites before using them.

28. Privacy and personal information

Werlar may collect and process information required to:

• Fulfil orders
• Provide quotations
• Arrange delivery
• Provide installation and support
• Process payments
• Prevent fraud
• Communicate with customers
• Improve the website
• Meet legal obligations

Personal information will be handled according to our Privacy Policy and applicable Kenyan data-protection requirements. The Data Protection Act establishes Kenya’s framework for protecting personal data and the Data Protection Regulations provide further rules for its processing.

29. Service interruptions

We do not guarantee that the website will always be uninterrupted or error-free.

Access may be affected by:

• Maintenance
• Hosting interruptions
• Internet outages
• Payment-provider downtime
• Cybersecurity incidents
• Technical errors
• Events outside our reasonable control

We will make reasonable efforts to restore affected services.

30. Limitation of liability

To the fullest extent permitted by law, Werlar will not be liable for indirect or consequential losses arising from:

• Improper use of products
• Unauthorized installation or repair
• Inaccurate information supplied by the customer
• Failure to maintain equipment
• Third-party service interruptions
• Events beyond our reasonable control

Where Werlar is legally responsible for a loss, liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including mandatory liability relating to defective goods, fraud, wilful misconduct or legally protected consumer rights.

31. Indemnity

To the extent permitted by law, you agree to be responsible for losses reasonably suffered by Werlar because of:

• Your unlawful use of the website;
• Your breach of these Terms;
• False information you knowingly provide;
• Your infringement of another person’s rights; or
• Unauthorized modification or misuse of supplied equipment.

This clause does not make you responsible for losses caused by Werlar’s own negligence, breach or unlawful conduct.

32. Events beyond reasonable control

Werlar will not be responsible for delay or failure caused by events beyond our reasonable control, including:

• Natural disasters
• Severe weather
• Fire
• Flooding
• Government restrictions
• Civil unrest
• Transport disruption
• Supplier failure
• Import delays
• Power or communication outages
• Strikes
• Public-health emergencies

We will make reasonable efforts to notify affected customers and resume performance as soon as practicable.

33. Suspension or termination

We may suspend access, cancel an unfulfilled order or terminate service where:

• These Terms are materially breached;
• Fraud is suspected;
• Payment is reversed or unauthorized;
• The website is misused;
• Continued fulfilment would be unlawful or unsafe.

Termination does not affect rights or obligations that arose before termination.

34. Changes to these Terms

We may update these Terms to reflect changes in:

• Business operations
• Website functionality
• Payment methods
• Products and services
• Legal requirements
• Delivery or installation procedures

The updated version will be posted on the website with a revised effective date.

Changes will not normally alter an already accepted order unless required by law or agreed with the customer.

35. Severability

If any part of these Terms is found to be unlawful or unenforceable, that part will be interpreted or limited as necessary while the remaining provisions continue to apply.

36. No waiver

A delay or failure by Werlar to enforce a right does not mean that the right has been waived.

Any waiver must be clear and applies only to the specific matter for which it was given.

37. Entire agreement

These Terms, together with the applicable:

• Order confirmation
• Quotation
• Invoice
• Return and Refund Policy
• Privacy Policy
• Shipping Policy
• Warranty terms
• Installation agreement

form the agreement between the customer and Werlar regarding the relevant transaction.

Where a signed quotation or written project agreement contains terms that differ from these general Terms, the specific written agreement will apply to that transaction.

38. Governing law

These Terms and transactions with Werlar are governed by the laws of Kenya.

Kenya’s Law of Contract Act governs contractual matters, while the Kenya Information and Communications Act includes provisions relating to electronic commerce.

39. Dispute resolution

Customers should first contact Werlar so that we can attempt to resolve the issue directly.

Where a dispute cannot be resolved through direct communication, the parties may consider:

• Good-faith negotiation
• Mediation
• An applicable consumer complaint process
• A competent court or tribunal in Kenya

Nothing in this section prevents a customer from exercising a legal right to approach a regulator, consumer-protection body or court.

40. Contact information

Questions about these Terms, an order or Werlar’s services may be sent to:

Werlar Solar Equipment & Machinery
Phone/WhatsApp: +254 740 366 258
Email: support@werlar.com
Return location: Ronald Ngala Street, Ronald Ngala plaza Second Floor S29, Nairobi, Kenya