ADVOKS GLOBAL · KENYA
The Capital Markets (Coffee Exchange) Regulations
43. Dispute relating to coffee trade
Edition: 2022-12-31 · In force
43. Dispute relating to coffee trade
(1)Where a dispute arises in regard to coffee quality, a claim may be brought within sixty days of sale.(2)The claim shall be based on samples drawn and sealed by a licensed certified warehouse in the original storage location.(3)In the event of a quality difference between the offer and buying samples, and the actual coffee lot, the buyer or roaster shall make an immediate claim to the miller or appointed broker within three working days and reference may be made to the reference samples.(4)Where the actual coffee lot does not conform to the buying sample, the parties may, by mutual consent, negotiate a settlement which may include compensation for opportunity cost of funds involved payable by the person who is responsible for the coffee quality difference.(5)The parties shall be at liberty by mutual consent to agree to a settlement that may also include sorting, bulking, price adjustment or refund.(6)Incorrect information on the packaging material used for a specific lot shall give the right to a buyer or roaster to charge the miller for all the costs of re-bagging.(7)In the event that the dispute remains unresolved, it shall be referred to the exchange or the licensing authority.(8)In the event that an aggrieved party is dissatisfied with the decision of the exchange or the licensing authority, the party shall have the right of appeal to the Capital Markets Tribunal established under the Capital Markets Act (Cap. 485A).