Terms of Service
1. What Tuko Sourcing is — and what it isn't
Tuko Sourcing operates as a sourcing and coordination agent. We find suppliers, negotiate on your behalf, coordinate freight, and manage the payment flow between you and the factory. We do not act as a reseller, importer of record, or freight forwarder unless explicitly agreed in writing for a specific shipment.
Goods sourced through Tuko are imported in the client's name. The client is the importer of record and bears all obligations and risks that arise under Kenyan law at the point of clearance, including duties, taxes, and KRA compliance.
2. Scope of the service
When you engage Tuko Sourcing, we will:
- Identify and vet potential suppliers for your specified product
- Negotiate price and minimum order quantity (MOQ) on your behalf
- Obtain samples where requested and coordinate your approval
- Prepare a written proforma showing the estimated full landed cost in KES before you commit any funds
- Manage staged payment to the verified supplier (see §4)
- Coordinate pre-shipment inspection through our China-side partner where this service is confirmed as available
- Arrange freight to Mombasa and KRA clearance and delivery to Nairobi
We will not commit your funds to a supplier until you have approved the proforma in writing (WhatsApp confirmation is accepted).
3. What the client is responsible for
As the importer of record, you are responsible for:
- Import eligibility. Confirming that the goods you are importing are legal to import into Kenya and comply with all applicable regulations (KEBS, EPR, category-specific licences, etc.).
- HS classification and final duty. KRA determines the correct HS code and duty rate at clearance. Our calculator uses indicative duty bands; the final figure is set by KRA and may differ.
- Product acceptance risk. If goods arrive and conform to the approved sample and specifications but do not perform as you expected commercially, that is a business risk you carry. We are not liable for market outcomes.
- Accuracy of your brief. Errors in your product description, specifications, or quantity that result in wrong goods being manufactured or shipped are the client's responsibility if we acted on your approved instructions.
4. Payment flow and protection
Tuko uses a staged payment model specifically to protect clients from supplier fraud. The mechanics are:
- You pay your deposit to Tuko's business account — never directly to the factory.
- Tuko releases funds to the supplier in milestones tied to production and inspection events.
- Funds are not released in full until goods pass the pre-shipment inspection or, where inspection is not available, until shipping documents are confirmed.
5. Cost estimates and the calculator
All figures produced by the landed-cost calculator on this site are estimates only. They are based on indicative duty bands, current freight rate assumptions, and the FX rate you enter. They are not a quote, invoice, or binding commitment.
A binding figure is provided only in a written proforma issued by Tuko for a specific, confirmed order. The proforma supersedes any calculator output.
6. Pre-shipment inspection
Where Tuko has confirmed an active China-side inspection partner, we will arrange inspection of your goods against the approved sample before shipment. We will share timestamped photo and video evidence. However:
- Inspection is a risk-reduction measure, not a guarantee of quality or conformity.
- Inspectors check against your approved sample and stated specifications. Latent defects not visible on inspection are not covered.
- If Tuko has not confirmed an active inspection partner for your order, we will tell you explicitly, and you have the right to pause or cancel the order at no penalty before factory payment.
7. Tuko's fee
Tuko's sourcing and coordination fee is included in the proforma margin and agreed with you before any commitment. We do not earn undisclosed commissions from suppliers. If Tuko receives any volume-related benefit from a supplier relationship, we will disclose this to you in writing.
8. Limitation of liability
Tuko Sourcing's liability to you in connection with any order is limited to the fees you have paid to Tuko for that specific order. We are not liable for indirect losses, lost profits, consequential damages, or losses arising from:
- KRA reclassification of goods or changes in duty rates after the proforma is issued
- Freight delays, damage in transit, or port congestion
- Supplier fraud that defeats our vetting process despite reasonable due diligence
- Your commercial decision to proceed after being shown a proforma
Nothing in these terms limits liability for fraud or wilful misconduct by Tuko.
9. Cancellation and refunds
- Before factory payment: you may cancel at any time. Tuko will refund your deposit minus any verified third-party costs already incurred (e.g. sample procurement, inspection fees).
- After factory payment begins: cancellation may not be possible if production has started. We will work to recover as much of your deposit as possible from the supplier, but this is not guaranteed.
- Goods in transit: cancellation is not possible once goods have shipped. You remain responsible for all import and delivery costs.
10. Governing law and disputes
These terms are governed by the laws of Kenya. Any dispute will first be attempted to be resolved by direct negotiation. If unresolved within 30 days, disputes will be referred to the courts of Kenya.
11. Contact
For any questions about these terms or a specific order, reach us on WhatsApp: +254 703 176185.