1. These terms and conditions apply to all offers and all agreements made by Gertler Investment private limited company hereinafter referred to as "Gertler Investment Limited ", closes with its relations, hereinafter referred to as "other party".


2. If in the following a provision specifically refers to the situation in which the other party is a natural person who does not act in the exercise of a profession or business, this will be referred to as "the consumer". Gertler Investment Limited is located at Garden Estate, Kasarani, Kenya.


3. Provisions that deviate from these general terms and conditions only form part of the agreement concluded between the parties if and insofar as the parties have explicitly agreed in writing.


4. In these general terms and conditions, "in writing" is also understood to mean: by e-mail, by fax or any other means of communication that can be equated with this in view of the state of the art and the generally accepted views.
5. The Gertler Investment Limited written advice, documents, (valuation) reports, surveys, etc. to be manufactured or provided by the other party will be referred to below as "the documents". By "the documents" are understood written documents and as works recorded on other media, such as on computer disks, on USB sticks or any other data carriers. All this, unless the parties
6. If in the following a provision specifically refers to the situation in which the other party is a natural person who does not act in the exercise of a profession or business, this will be referred to as "the consumer". Gertler Investment Limited is located at Garden Estate, Kasarani, Kenya.


7. The non-application of (part of) a provision of these general terms and conditions for whatever reason does not affect the applicability of the other provisions.


8. If Gertler Investment Limited does not require fulfillment by the other party as soon as possible, this leaves the right to fulfillment of Gertler Investment Limited unaffected.


9. The other party cannot rely on the fact that the general terms and conditions have not been provided if Gertler Investment Limited has already provided these general terms and conditions to the other party in another transaction.


10. Gertler Investment Limited reserves the right to amend the general terms and conditions of Gertler Investment Limited in case of amended regulations. to change.

1. Oral agreements bind Gertler Investment Limited only after these have been confirmed in writing by Gertler Investment Limited or as soon as Gertler Investment Limited has commenced the implementation acts with the consent of the other party.


2. Written orders from the other party must be accompanied by a clear description of the services to be provided.


3. Any changes required by the other party to the execution thereof after the assignment has been given, further instructions and other communications with regard to the assignment, must be sent by the other party to Gertler Investment Limited on time and in writing. be notified. All this, unless the parties have explicitly agreed otherwise in writing.


4. Changes to the original order, of whatever nature, made by or on behalf of the other party, which cause higher costs than could be taken into account in the quotation and / or order confirmation, will be charged to the other party as additional work.
5. Additions or changes to the general terms and conditions or other changes or additions to the agreement will only be made after written confirmation by Gertler Investment Limited binding.

1. All offers, quotations, price or rate lists etc. from Gertler Investment Limited are without obligation, unless they contain a term for acceptance. If a quotation or offer contains an offer without obligation and this offer is accepted by the other party, Gertler Investment Limited the right to revoke the offer within 2 working days after receipt of the acceptance.


2. If the other party does not accept an offer or quotation, it is obliged at the first request of Gertler Investment Limited all documents supplied with the offer or quotation to Gertler Investment Limited to return.


3. Prices or rates in quotations are based on the information provided by the other party prior to the quotation. If these data are subsequently changed, this may have consequences for the prices or rates.


4. If the acceptance of the other party deviates from the offer, Gertler Investment Limited not bound by this. In that case, no agreement has been concluded, unless the parties have explicitly agreed otherwise in writing.


5. A composite quotation obliges Gertler Investment Limited not to deliver part of the documents and / or services included in the offer or quotation or to perform part of the activities included in this offer or quotation at a corresponding part of the price.


6. Examples of the documents shown and / or provided as well as other information in brochures, promotional material and / or on the website of Gertler Investment Limited are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have explicitly agreed otherwise in writing.


7. The examples mentioned in the previous paragraph remain the property of Gertler Investment Limited at all times. and must at the first request of Gertler Investment Limited to be returned, unless the parties have explicitly agreed otherwise in writing.

1. If and in so far as a proper execution of the agreement requires this, Gertler Investment Limited the right to have certain activities or deliveries carried out by third parties. All this at the discretion of Gertler Investment Limited.

1. The other party must ensure that:
   • any information required for the implementation of the agreement in a timely manner and in the information provided by Gertler Investment Limited desired form to Gertler Investment Limited made available;
   • Gertler Investment Limited at the times agreed in advance is given access to the location that Gertler Investment Limited must view or inspect in the context of the implementation of the agreement;
   • the by the other party to Gertler Investment Limited information carriers, electronic files, software, etc. provided are free of viruses and / or defects.


2. The other party will ensure that the information to be provided is correct and complete. The other party indemnifies Gertler Investment Limited for consequences resulting from incorrect and / or incomplete data.


3. The other party will provide Gertler Investment Limited informing about developments that are or may be relevant to the execution of the agreement and the possible conclusion of additional and / or new agreements.


4. If the obligations referred to in this article are not fulfilled on time, Gertler Investment Limited entitled to suspend the execution of the agreement until the other party has fulfilled these obligations. The costs in connection with the delay incurred or the costs of performing extra work or the other consequences arising from this are for the account and risk of the other party.
5. The other party must make agreements itself with: mortgage lenders, the tax authorities, local authorities, etc. and is liable for any claims of any nature whatsoever from these and other parties that may arise from the agreement concluded between the landlord and the tenant. The other party indemnifies Gertler Investment Limited for such claims.

1. The personal data of the other party is included in the administration of Gertler Investment Limited Gertler Investment Limited does not provide data to third parties without the consent of the other party. The registered data is exclusively provided by Gertler Investment Limited used for the performance of agreements concluded by it with the other party.

1. Specified terms within which Gertler Investment Limited the work must have been performed or the documents and / or services must have been delivered can never be regarded as strict deadlines, unless the parties have expressly agreed otherwise in writing. If Gertler Investment Limited does not or not timely fulfill its obligations under the agreement, it must therefore be given written notice of default.


2. The risk regarding the delivered documents is transferred to the other party at the time of delivery. In the context of these general terms and conditions, delivery is understood to mean: the moment that the documents to be delivered are actually available to the other party.


3. If it proves impossible to deliver the documents or services to the other party or to perform the agreed work, Gertler Investment Limited reserves the right to store the documents at the risk of the other party. After storage, a period of 1 month applies within which the other party must enable Gertler Investment Limited. to deliver the documents or services or to perform the agreed work. All this, unless Gertler Investment Limited has explicitly set a different term.


4. If the other party fails to fulfill its obligations even after the term referred to in paragraph 3 of this article, the other party is in default and Gertler Investment Limited the right to dissolve the agreement in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being obliged to pay compensation for damage, costs and interest, in whole or in part. Gertler Investment Limited is then entitled to destroy the already produced documents.


5. The foregoing does not affect the obligation of the other party to pay the agreed or stipulated or owed price, as well as any costs.


6. If the execution of the agreement must be speeded up, overtime and / or other possible additional costs incurred may be charged.


7. Gertler Investment Limited is authorized - with regard to the fulfillment of financial obligations of the other party - to require payment in advance or security from the other party before proceeding with delivery or starting the work to be performed.

1. Gertler Investment Limited is obliged to execute the agreement in an expert, careful manner and in accordance with the standards applicable in its sector.


2. Gertler Investment Limited cannot be obliged to commence the delivery of the documents and / or services or the execution of the work until all necessary information is in its possession and it has received any agreed (advance) payment. In the event of delays as a result, the specified delivery times will be adjusted proportionally.


3. When the work or the deliveries are due to causes beyond the control of Gertler Investment Limited cannot take place normally or without interruption, for example due to incomplete provision of data by the other party, Gertler Investment Limited entitled to charge the resulting costs to the other party.


4. If during the execution of the agreement it appears that it is unenforceable, or as a result of Gertler Investment Limited unknown circumstances, or due to any force majeure whatsoever, will Gertler Investment Limited enter into consultations with the other party about changes to the agreement in such a way that the implementation of the agreement will be possible. Gertler Investment Limited will inform the other party about the possible consequences for the agreed prices and / or rates and / or the agreed delivery terms. All this except when performance of the agreement will never be possible as a result of the unknown circumstances or force majeure. Gertler Investment Limited is then in any case entitled to full compensation for the work and / or deliveries already performed by Gertler Investment Limited.


5. All expenses incurred by Gertler Investment Limited made at the request of the other party are entirely at the expense of the latter, unless the parties have explicitly agreed otherwise in writing.


6. If the execution of the agreement must be speeded up, overtime and / or other possible additional costs incurred may be charged.


7. Gertler Investment Limited is authorized - with regard to the fulfillment of financial obligations of the other party - to require payment in advance or security from the other party before proceeding with delivery or starting the work to be performed.

1. An agreement for mediation runs for an indefinite period, unless explicitly agreed otherwise in writing.


2. Gertler Investment Limited will make every effort to the best of its ability and knowledge to achieve the desired or intended result by the other party, however it is at all times only a best-efforts obligation for Gertler Investment Limited and no obligation of result. If the aforementioned result is not forthcoming, this does not relieve the other party of its obligations towards Gertler Investment Limited, with the exception of any obligations expressly linked by the parties to achieving the intended result.

1. Unless otherwise agreed and without prejudice to the provisions of article 18 of these general terms and conditions, the mediation agreement ends by, among other things:
   • fulfillment of the agreement by Gertler Investment Limited
   • cancellation by the other party;
   • cancellation by Gertler Investment Limited


2. The agreement is fulfilled as soon as the intended result has been achieved.


3. Gertler Investment Limited is authorized to terminate the agreement with immediate effect by means of a registered letter if, among other things, but not exclusively:
   • The Other Party acts in violation of any provision of the agreement, the General Terms and Conditions or with other agreements of whatever nature entered into between Gertler Investment Limited and the Other Party, without prejudice to the right of Gertler Investment Limited to full compensation or compliance;
   • in the event of bankruptcy, (provisional) suspension of payments, a private agreement with creditors or the declaration of application of the debt rescheduling scheme for natural persons;
   • if in the opinion of Gertler Investment Limited. there is a serious disruption of the relationship between Gertler Investment Limited and the Counterparty;
   • if the Counterparty becomes seriously compromised commercially;
   • if the Other Party establishes itself outside the Netherlands and this causes insurmountable problems for Gertler Investment Limited;
   • if it appears that the Counterparty provides Gertler Investment Limited has provided incorrect information when entering into the agreement of such a nature that, if Gertler Investment Limited. would have been aware of this information, the agreement would not have been concluded or not under the same conditions;
   • if there are other circumstances that, in the opinion of Gertler Investment Limited oppose continuation of the agreement.


4. Termination of the agreement does not affect the other party's payment obligation.


5. In the event of termination by Gertler Investment Limited, Gertler Investment Limited right to compensation by the other party for the costs incurred until then, unless expressly agreed otherwise in writing.

1. If between the date of the conclusion of the agreement and the implementation of the agreement by the government and / or trade unions changes are made to wages, terms of employment or social insurance, etc., Gertler Investment Limited entitled to pass on the increases to the other party. If, between the aforementioned dates, a new price or rate list by Gertler Investment Limited c.q. third parties engaged by it come into effect, Gertler Investment Limited entitled to charge the prices or rates stated therein to the other party.


2. For the agreement concluded with the consumer, price increases may be passed on or charged 3 months after the conclusion of the agreement. In case of price increases within a shorter period than 3 months, the consumer is authorized to dissolve the agreement.

1. The other party is obliged to check these documents immediately upon receipt of the documents. Any visible errors or imperfections must be sent to Gertler Investment Limited no later than 2 working days after receipt of the documents. must be reported followed by written confirmation thereof.


2. Other complaints - including complaints with regard to the work performed or the services provided - must be sent by registered letter to Gertler Investment Limited immediately after discovery. to be reported. All consequences of not reporting immediately are at the risk of the other party. The complaints or complaints must in any case be submitted to Gertler Investment Limited within 1 month after delivery of the services or after termination of the work. to be reported.


3. If the above-mentioned complaints or complaints are not sent to Gertler Investment Limited within the periods referred to therein. have been made known, the documents or services are deemed to have been delivered in accordance with the agreement or the work is deemed to have been performed correctly.


4. Gertler Investment Limited must be enabled to investigate any complaints.


5. Gertler Investment Limited has the modest creative and intellectual freedom to arrive at certain conclusions based on own insights, own methods and own interpretations. You can never complain against this.


6. If recalculation or change, other than as referred to in paragraph 6 of Article 12, proves necessary, this will only be at the expense and risk of Gertler Investment Limited if Gertler Investment Limited has given its explicit written consent in advance.


7. In the event of justified complaints, the damage will be settled in accordance with the provisions of article 13 of these terms and conditions.

1. If Gertler Investment Limited mediates in the realization of an agreement between the lessor and the tenant, it is never a party to and is not liable for the content and implementation of the lease. Gertler Investment Limited is under no circumstances liable if the rent and / or the agreed service (costs) and / or the additional, whether or not one-off, fees are not in accordance with the legal rules of (rental price) regulation.


2. Gertler Investment Limited performs its duties as may be expected of a company in its sector, but does not accept any liability for damage, including consequential damage, business damage, loss of profit and / or stagnation damage, which is the result acts or omissions of Gertler Investment Limited, its staff or third parties engaged by it. This is only different if and insofar as mandatory legal provisions oppose this.


3. The websites of Gertler Investment Limited (www.gertlerinvestment.com) is intended for providing information to visitors to the website. The content of this website has been compiled with the greatest possible care; however, no rights or claims can be derived from its content.


4. Gertler Investment Limited is not liable for damage suffered by the other party as a result of acts or omissions by the other party in the rental agreement concluded through the mediation of Gertler Investment Limited.


5. The limitations of liability included in this article do not apply if the damage is due to intent and / or deliberate recklessness on the part of Gertler Investment Limited, its management and / or its managerial staff.


6. Without prejudice to the provisions of the other paragraphs of this article, liability is at all times limited to the amount paid by the insurer of Gertler Investment Limited payment to be made as appropriate, insofar as Gertler Investment Limited is insured for this.


7. If Gertler Investment Limited is not insured as stipulated in article 13 paragraph 6, the liability of Gertler Investment Limited ,limited at all times to the amount of the amount paid by Gertler Investment Limited fee charged and / or to be charged to the other party for its activities and / or services for a maximum period of one year.


8. In the event of late and / or incomplete delivery of data by the other party, Gertler Investment Limited no liability for the late and incomplete processing of the data, nor for the consequences thereof for the other party.


9. If visible errors, imperfections and the like occur in the delivered documents that must already have been present at the time of delivery, Gertler Investment Limited to repair or replace those documents free of charge, at its option.


10. The other party loses its rights against Gertler Investment Limited, is liable for all damage and indemnifies Gertler Investment Limited against any claim from third parties with regard to compensation if and insofar as:
    • the aforementioned damage was caused by incompetent and / or with instructions and advice from Gertler Investment Limited conflicting use of the documents or services provided by the other party;
    • the aforementioned damage has arisen because the other party otherwise does not comply with the provisions of Gertler Investment Limited instructions and / or advice given;
    • the aforementioned damage has arisen due to errors, incompleteness and / or inaccuracies in data, information carriers, etc. that are provided by or on behalf of the other party to Gertler Investment Limited are provided and / or prescribed (including advice, documents, etc. from third parties) and Gertler Investment Limited based and / or performed the services to be provided on the aforementioned information.

1. Unless otherwise agreed, the other party must pay all that it owes to Gertler Investment Limited due to be paid within 14 days of the invoice date. This term is a deadline. In case of late payment:
   • the other party will pay Gertler Investment Limited owe default interest in the amount of 2% per month, to be calculated cumulatively on the principal sum. Parts of a month are considered a full month;
   • the other party, after being reminded by Gertler Investment Limited, will owe a minimum of 15% of the sum of the principal sum and the default interest with a minimum of € 150.00 in respect of extrajudicial costs;


2. Anything that the other party owes Gertler Investment Limited due is paid by the Counterparty on time without any appeal to discount, suspension, settlement or cancellation.
   
3. At the choice of Gertler Investment Limited in previous or similar circumstances, without further notice of default or judicial intervention, the agreement can be dissolved in whole or in part, whether or not combined with a claim for compensation.


4. If the other party has not fulfilled its payment obligations on time, Gertler Investment Limited authorized to suspend the fulfillment of the obligations entered into towards the other party to deliver or to carry out activities until payment has been made or proper security has been provided for this. The same applies before the moment of default if Gertler Investment Limited has a reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.


5. Payments made by the other party always serve to settle all interest and costs owed and subsequently serve to settle due and payable invoices that have been outstanding the longest, unless the other party explicitly states in writing at the time of payment that the payment relates to a later invoice.


6. If the other party, for whatever reason, has one or more claims against Gertler Investment Limited, then the other party waives the right to set-off. The aforementioned waiver of the right to set-off also applies if the other party applies for (provisional) suspension of payments or is declared bankrupt.

1. Gertler Investment Limited is and remains entitled to all rights of intellectual property that rest on or are related to or belong to the by Gertler Investment Limited manufactured records. All this, unless the parties have explicitly agreed otherwise in writing.


2. The exercise of the rights referred to in the previous paragraph of this article - including disclosure or transfer of data - is expressly and exclusively to Gertler Investment Limited during and after the execution of the agreement. reserved. In any case, the other parties are not permitted to pay the costs provided by Gertler Investment Limited to copy, multiply, provide to third parties or allow third parties to inspect these documents without his explicit consent. Nor is it possible without the prior written permission of Gertler Investment Limited allowed to download and copy information from its website.


3. By providing information to Gertler Investment Limited the other party declares that no infringement of the copyright or any other intellectual property right of third parties is made and he indemnifies Gertler Investment Limited in and out of court for all consequences, both financial and other, that (may) arise from this.

1. Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the other party and Gertler Investment Limited will be dissolved without judicial intervention and without any notice of default being required, at the time when the other party:
2. is declared bankrupt;
3. applies for (provisional) suspension of payments;
4. is affected by enforceable seizure;
5. is placed under guardianship or administration;
6. otherwise loses the power of disposition or legal capacity with regard to his assets or parts thereof.


7. The provisions of paragraph 1 of this article apply unless the trustee or administrator recognizes the obligations arising from the agreement as debt of the estate.


8. At the choice of Gertler Investment Limited in previous or similar circumstances, without further notice of default or judicial intervention, the agreement can be dissolved in whole or in part, whether or not combined with a claim for compensation.


9. If the other party has not fulfilled its payment obligations on time, Gertler Investment Limited authorized to suspend the fulfillment of the obligations entered into towards the other party to deliver or to carry out activities until payment has been made or proper security has been provided for this. The same applies before the moment of default if Gertler Investment Limited has a reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.


10. Payments made by the other party always serve to settle all interest and costs owed and subsequently serve to settle due and payable invoices that have been outstanding the longest, unless the other party explicitly states in writing at the time of payment that the payment relates to a later invoice.


11. If the other party, for whatever reason, has one or more claims against Gertler Investment Limited, then the other party waives the right to set-off. The aforementioned waiver of the right to set-off also applies if the other party applies for (provisional) suspension of payments or is declared bankrupt.

1. 3. In case of force majeure, Gertler Investment Limited entitled to terminate the agreement or to suspend the fulfillment of its obligations towards the other party for a reasonable period without being obliged to pay any compensation.


2. 4. In the context of these general terms and conditions, force majeure is understood to mean: a non-attributable shortcoming on the part of Gertler Investment Limited, of the third parties or suppliers engaged by it, or another important reason on the part of Gertler Investment Limited


3. 5. In the event of force majeure when the agreement has been partially performed, the other party is obliged to fulfill its obligations towards Gertler Investment Limited up to that point.


4. 6. Circumstances in which there will be force majeure include: war, riots, mobilization, domestic and foreign riots, government measures, strike and exclusion by employees or threat of these etc. circumstances, disruption of the exchange rates existing of the agreement, business disruptions due to fire, failure of automation, internet or electricity, natural phenomena and / or weather conditions.

1. The other party waives all rights to dissolve the agreement pursuant to Article 6: 265 et seq. Of the Civil Code or other statutory provisions, unless mandatory legal provisions dictate otherwise. All this applies subject to the right to cancel or terminate the agreement pursuant to this article.


2. The provisions of sub a. Of this paragraph do not apply to the agreement with the consumer.


3. In the context of these general terms and conditions, cancellation is understood to mean: the termination of the agreement by one of the parties before the start of the execution of the agreement.


4. In the context of this agreement, termination is understood to mean: the termination of the agreement by one of the parties after the implementation of the agreement has commenced.
5. The other party is liable to third parties for the consequences of the cancellation or termination and indemnifies Gertler Investment Limited to the point.


6. Amounts already paid by the other party will not be refunded, unless expressly agreed otherwise in writing.

On the between Gertler Investment Limited and the other party concluded agreement is exclusively governed by Kenyan law. Disputes arising from this agreement will also be settled under Kenyan law.
Any disputes will be settled by the competent Kenyan court, albeit that Gertler Investment Limited, insofar as the law does not impose mandatory law against this, has the authority to bring a case before the competent court in the place where Gertler Investment Limited is situated.
For disputes with the consumer, within 1 month after Gertler Investment Limited informed him that the case will be brought to the court in the place of business of Gertler Investment Limited will be presented, the consumer can indicate that he chooses to settle the dispute by the legally competent court.
With regard to disputes arising from an agreement concluded with a counterparty established outside the Kenya, Gertler Investment Limited entitled to act in accordance with the provisions of paragraph 2 of this article or - at its option - to bring disputes before the competent court in the country or state where the other party is established.