Last Updated: February 19, 2026

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “customer,” or “buyer”), and EV Kenya (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website located at evkenya.com (the “Site”) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).

You agree that by accessing the Site and/or Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The services offered through this Site include the importation, sale, and distribution of brand-new and used electric vehicles (EVs) sourced primarily from the People’s Republic of China. These vehicles may differ in specifications, software languages, charging standards, and warranty coverage compared to vehicles originally manufactured for the Kenyan market. YOUR ACKNOWLEDGMENT OF THESE SPECIFIC IMPORT CONDITIONS IS A MATERIAL CONDITION OF THIS AGREEMENT.

2. ELIGIBILITY AND REGISTRATION

To access the Site and purchase vehicles, you represent and warrant that: (a) You are at least 18 years of age; (b) You have the legal capacity to enter into a binding contract under the laws of the Republic of Kenya; (c) You are not barred from receiving services under the laws of Kenya or any other applicable jurisdiction; (d) You possess a valid Kenyan Driver’s License or have authorized representation who does; (e) You have the financial means to complete the transaction, including payment of the vehicle price, import duties, taxes, registration fees, and any ancillary costs.

If you are purchasing on behalf of a corporate entity, you represent that you have the authority to bind that entity to these Terms.

3. VEHICLE SOURCING, IMPORTATION, AND SPECIFICATIONS

3.1 Nature of Goods

EV Kenya operates as an importer and dealer of electric vehicles. The vehicles listed on our Site may be:

• Brand-New: Vehicles sourced directly from manufacturers in China with zero mileage.
• Certified Pre-Owned: Used vehicles sourced from China that have undergone rigorous inspection but may have prior ownership history.

3.2 Specifications and Compatibility

You acknowledge that vehicles sourced from China (“Chinese Specification Vehicles”) may differ from vehicles intended for other markets. Specific differences may include, but are not limited to:

• Charging Standards: Many Chinese EVs utilize the GB/T charging standard. While we provide adapters or facilitate the installation of compatible charging infrastructure, you are responsible for ensuring compatibility with your home or public charging stations. EV Kenya is not liable for incompatibility issues arising from third-party charging infrastructure.
• Software and Language: Vehicle infotainment systems and dashboard displays may default to Chinese or English languages. Certain apps or connectivity features available in China may not function in Kenya due to regional server restrictions. EV Kenya makes reasonable efforts to configure software for the Kenyan market but does not guarantee full functionality of all original manufacturer software features outside China.
• Navigation Systems: Built-in navigation maps may not be updated for Kenyan roads. You are responsible for utilizing alternative navigation solutions (e.g., smartphone integration).
• Right-Hand Drive (RHD) vs. Left-Hand Drive (LHD): Most vehicles sourced from China are Left-Hand Drive (LHD). You acknowledge that LHD vehicles are legal for import and use in Kenya under current regulations, but you assume all risks associated with driving an LHD vehicle in a country where traffic flows on the left. EV Kenya explicitly disclaims any liability for accidents, visibility issues, or traffic violations resulting from the operation of an LHD vehicle.

3.3 No Customization Guarantees

While we strive to source vehicles matching your requested color, trim, and options, availability is subject to manufacturer production and shipping schedules. In the event a specific configuration is unavailable, we will offer comparable alternatives. You retain the right to reject comparable alternatives and receive a full refund of any deposits paid, less any non-recoverable administrative fees explicitly agreed to in writing.

4. PRICING, PAYMENTS, AND FINANCING

4.1 Pricing Accuracy

All prices displayed on the Site are in Kenyan Shillings (KES) unless otherwise stated. Prices for “Brand-New” vehicles typically include:

• Vehicle Cost (FOB China)
• Freight and Insurance to Mombasa Port
• Import Duty and Excise Duty (calculated based on current KRA rates)
• VAT (Value Added Tax)
• Port Handling Charges
• NTSA Registration Fees (Standard)
• EV Kenya Service Fee

Exclusions: Prices do not include costs for home charger installation, specialized license plates (if requested), comprehensive insurance premiums, or extended warranty packages unless explicitly stated in the Sales Agreement.

4.2 Price Fluctuations

Due to the nature of international trade, prices are subject to change based on:

• Fluctuations in the KES/USD or KES/CNY exchange rates between the time of quote and final payment.
• Changes in Kenyan Revenue Authority (KRA) tax laws, duty rates, or valuation methods.
• Changes in freight costs or fuel surcharges imposed by shipping lines.

If such fluctuations occur after a deposit is paid but before the final Bill of Lading is issued, EV Kenya reserves the right to adjust the final price proportionally. We will notify you immediately of any such adjustment. If you do not accept the adjusted price, you may cancel the order for a full refund of your deposit.

4.3 Payment Terms

• Deposit: A non-refundable deposit (typically 10-20% of the vehicle value) is required to initiate sourcing and secure a vehicle allocation. This deposit becomes non-refundable once the vehicle is purchased from the supplier in China, except in cases of EV Kenya’s breach of contract.
• Balance Payment: The remaining balance must be paid in full prior to the release of the vehicle from our Nairobi facility or prior to shipment if agreed upon.
• Payment Methods: We accept bank transfers, manager’s cheques, and approved financing proceeds. Cash payments above the statutory limit set by Kenyan law are prohibited.
• Financing: If you apply for financing through our partner banks, approval is subject to the bank’s credit criteria. If financing is denied, your deposit will be refunded less any administrative processing fees incurred, provided you notify us within 48 hours of denial.

5. IMPORT PROCESS AND DELIVERY

5.1 Timeline Estimates

Estimated delivery timelines provided on the Site or by our sales team are estimates only and not guarantees. Delays may occur due to:

• Manufacturer production delays.
• Shipping vessel scheduling and port congestion in China or Mombasa.
• Customs clearance procedures and KRA inspections.
• Force Majeure events (see Section 14).

EV Kenya is not liable for consequential damages resulting from delivery delays, including but not limited to loss of income, rental car costs, or missed business opportunities.

5.2 Inspection and Acceptance

Upon arrival at our Nairobi facility, you are invited to inspect the vehicle.

• Pre-Delivery Inspection (PDI): EV Kenya conducts a comprehensive PDI. You have the right to conduct your own independent inspection or hire a third-party mechanic at your own cost prior to final payment.
• Acceptance: Signing the Delivery Note constitutes acceptance of the vehicle’s condition, mileage, and specifications as presented. Any visible defects must be noted on the Delivery Note at the time of signing. Failure to note defects constitutes a waiver of claims regarding those specific visible defects.
• Hidden Defects: Claims regarding hidden mechanical or electrical defects discovered after delivery must be reported within seven (7) days of delivery and are subject to the Warranty Terms outlined in Section 6.

5.3 Title and Registration

EV Kenya assists with the NTSA registration process. However, the ultimate responsibility for providing accurate documentation (ID, KRA PIN, Insurance Certificate) lies with the buyer. Delays in registration caused by incomplete buyer documentation are the buyer’s responsibility. Legal title passes to the buyer upon full payment and signing of the Transfer Form, even if physical number plates are pending.

6. WARRANTY AND AFTER-SALES SUPPORT

6.1 Manufacturer Warranty (Brand-New Vehicles)

Brand-new vehicles come with the original manufacturer’s warranty valid in China. EV Kenya facilitates the honoring of this warranty in Kenya to the extent possible.

• Scope: Covers defects in materials and workmanship for the battery, motor, and power control unit for a period specified by the manufacturer (e.g., 8 years/160,000 km for batteries).
• Limitations: Manufacturer warranties generally do not cover wear-and-tear items (tires, brake pads, wipers), damage caused by misuse, accidents, unauthorized modifications, or charging with incompatible equipment.
• Claim Process: Warranty claims are processed through EV Kenya’s service center. We act as the intermediary with the manufacturer. In cases where parts must be sourced from China, lead times may vary. EV Kenya is not liable for downtime while waiting for warranty parts.

6.2 Limited Dealer Warranty (Used Vehicles)

Certified Pre-Owned vehicles are sold with a limited dealer warranty covering major powertrain components (Battery, Motor, Inverter) for a period of six (6) months or 10,000 kilometers, whichever comes first, from the date of delivery.

• Exclusions: This warranty excludes cosmetic issues, interior wear, tires, brakes, suspension components, and any electronic features not critical to propulsion.
• “As-Is” Components: Certain older used models may be sold “As-Is” with no warranty. This status will be clearly marked in the Sales Agreement and on the window sticker.

6.3 Exclusion of Consequential Damages

UNDER NO CIRCUMSTANCES SHALL EV KENYA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

6.4 Maintenance Requirements

To maintain warranty validity, you must adhere to the manufacturer’s recommended maintenance schedule. All maintenance and repairs should be performed by EV Kenya or authorized partners. Unauthorized repairs or modifications void the warranty.

7. RETURN AND REFUND POLICY

7.1 General No-Return Policy

Due to the custom nature of vehicle imports, depreciation upon registration, and logistical costs, all sales are final once the vehicle has been registered in your name or delivered to you, except as required by Kenyan consumer protection law or as explicitly stated in this Section.

7.2 Exceptions for Returns

You may be eligible for a return or exchange only if: (a) The vehicle delivered materially differs from the specifications agreed upon in the Sales Agreement (e.g., wrong model, wrong color, significantly different mileage) and such difference was not disclosed; (b) The vehicle has a fundamental mechanical defect that renders it undrivable and cannot be repaired under warranty within a reasonable time (30 days); (c) EV Kenya failed to provide clear title to the vehicle.

7.3 Return Process

To initiate a return, you must notify EV Kenya in writing within forty-eight (48) hours of delivery. The vehicle must be returned in the same condition as delivered, with no additional mileage (beyond test drive) and no damage.

• Restocking Fee: Approved returns are subject to a restocking fee of 15% of the purchase price to cover logistics, administrative, and depreciation costs.
• Refund Timeline: Refunds, less applicable fees, will be processed within thirty (30) days of receiving the returned vehicle and verifying its condition.

8. PROHIBITED USES AND CONDUCT

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

9. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Kenya, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Vehicle images, specifications, and brochures displayed on the Site are the property of their respective manufacturers (e.g., BYD, Geely, NIO) and are used with permission or under fair use for informational purposes. You are prohibited from using these manufacturer assets for commercial purposes without their direct consent.

10. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) All registration information you submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and you agree to comply with these Terms; (4) You are not a minor in the jurisdiction in which you reside; (5) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) You will not use the Site for any illegal or unauthorized purpose; and (7) Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) Monitor the Site for violations of these Terms; (2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site and/or Services are hosted in Kenya. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Kenya, then through your continued use of the Site, you are transferring your data to Kenya, and you expressly consent to have your data transferred to and processed in Kenya.

13. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. FORCE MAJEURE

EV Kenya shall not be held liable for any failure or delay in performance under these Terms (other than for payment obligations) to the extent that such failure or delay is caused by acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor or materials, government requirements, rulings or actions of any government body, including changes in import/export regulations, customs delays, or any other cause beyond our reasonable control (collectively, “Force Majeure”).

In the event of a Force Majeure event, we will notify you as soon as reasonably possible. If the Force Majeure event continues for more than ninety (90) days, either party may terminate the Sales Agreement, and any deposits paid shall be refunded less any non-recoverable costs incurred up to that point.

15. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Site are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts located in Nairobi, Kenya. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

In the event of a dispute, you agree to first contact EV Kenya at sales@evkenya.com to attempt to resolve the dispute informally. We commit to responding to such inquiries within five (5) business days.

16.2 Arbitration

If the dispute cannot be resolved informally within thirty (30) days, the dispute shall be finally settled by arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of 1995 (Laws of Kenya). The arbitration shall be conducted by a single arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

EXCEPTION: Nothing in this section shall prevent either party from seeking injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of any arbitration.

17. CONSUMER PROTECTION ACT COMPLIANCE

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Consumer Protection Act, 2012 of Kenya that cannot be legally excluded or restricted. Specifically, goods supplied must be of merchantable quality, fit for purpose, and match their description. However, your acknowledgment of the specific nature of imported Chinese EVs (as detailed in Section 3) constitutes an agreement on the “description” and “fitness for purpose” regarding LHD configuration, charging standards, and software localization.

18. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby and shall continue in full force and effect as though the invalid, illegal, or unenforceable provisions had not been included herein. The offending provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

19. WAIVER

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any specific Sales Agreements signed for vehicle purchases, constitute the sole and entire agreement between you and EV Kenya regarding the Site and the Services and supersede all prior and contemporaneous representations, warranties, and understandings, whether written or oral, regarding the Site and the Services.

21. CONTACT INFORMATION

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

EV Kenya Email: sales@evkenya.com
Location: Nairobi, Kenya
Business Hours: Monday – Friday: 8:00 AM – 6:00 PM | Saturday: 9:00 AM – 4:00 PM