Français
PREAMBLE – IDENTIFICATION / DEFINITIONS
The trade name FRIGO HORECA is operated by Ko-Ordinate SRL (VAT BE1005.403.416), hereinafter referred to as the Seller.
These General Terms and Conditions (the GTC) apply to any sale of equipment and/or provision of services entered into between the Seller and the professional customer (the Buyer).
Definitions
- Equipment: Horeca products sold by the Seller.
- Services: optional services offered by the Seller (delivery, handling, installation support, intervention packs, diagnostics, etc.).
- Contract: quotation/order confirmation/invoice + these GTC.
1. SCOPE – INTENDED USE
1.01 Applicability
These GTC apply to all orders placed with the Seller, as well as to any related Services. They prevail over any terms and conditions of the Buyer unless expressly accepted in writing by the Seller.
1.02 Intended professional use (B2B)
The Equipment is sold exclusively for professional use. The Buyer declares that it is acting for professional purposes.
2. PRICES
2.01 Prices
Prices are stated in EUR, excluding VAT, unless expressly stated otherwise. The applicable price is the one indicated on the quotation/order confirmation/invoice.
2.02 Excluded costs
Unless expressly stated otherwise in writing, prices do not include: delivery, handling, connection works, modifications to existing installations, electrical/plumbing works, unboxing, removal of packaging, commissioning, or training.
2.03 Service / after-sales rates
Services (including technical interventions) are charged according to the price list in force on the date of the service, unless a fixed fee/pack is expressly stated on the quotation/invoice.
3. OFFERS
3.01 Validity
Offers are valid for 7 calendar days unless stated otherwise and are subject to availability. Prices and lead times may change if the offer is not accepted within its validity period.
4. ORDERS
4.01 Formation of contract
An order becomes binding only after written confirmation by the Seller (email, order confirmation, invoice). The Seller may refuse an order without having to justify its decision.
4.02 Payment
Unless agreed otherwise in writing, payment is due prior to shipment and/or prior to the performance of Services.
4.03 Cancellation by the Buyer
In B2B, the Buyer has no right of withdrawal. Any cancellation after written confirmation by the Seller triggers the following reasonable liquidated damages (without prejudice to proven higher actual costs incurred):
- Standard / resellable Equipment: 20% of the net order value (excl. VAT), with a minimum of EUR 150.
- Specific / made-to-order / non-resellable Equipment: 60% of the net order value (excl. VAT), with a minimum of EUR 300.
4.04 Unavailability of spare parts
Unavailability of a spare part at the manufacturer/supplier does not entitle the Buyer to compensation, except in case of gross negligence or wilful misconduct by the Seller.
4.05 Serious breach by the Buyer
In case of serious breach by the Buyer (refusal of delivery, non-payment, etc.), the Seller may terminate the Contract after formal notice remaining without effect for 8 business days.
4.06 Cancellation by the Seller
In case of supply impossibility, unavailability, force majeure, or an obvious error, the Seller may cancel the order and refund amounts paid, without further compensation except in case of gross negligence or wilful misconduct.
5. DELIVERY
5.01 Lead times
Lead times are indicative unless expressly guaranteed in writing. Delay does not entitle the Buyer to cancellation or compensation except in case of gross negligence or wilful misconduct by the Seller.
5.02 Partial deliveries
The Seller may deliver in partial shipments.
5.03 Transfer of risk
Risk (loss/damage) transfers to the Buyer upon handover to the carrier or upon making the goods available for collection, even if transport is arranged by the Seller, unless stated otherwise in writing.
5.04 Unloading / Delivery drop-off (Ground floor)
Unless otherwise agreed in writing, delivery includes ground-floor curbside drop-off only, outside, at the threshold of the main entrance door (“threshold drop-off”), performed by one (1) person. No handling is included, including but not limited to: bringing the equipment inside, passing steps/thresholds, moving through corridors, positioning/installation, or delivery to upper floors.
If access is impossible or difficult (steps, thresholds, narrow corridors, no nearby parking, access restrictions), the drop-off will be made at the closest accessible point. Any handling, unboxing, or positioning service can only be provided with prior written agreement and will be invoiced separately to the Buyer.
5.05 Receipt check / delivery damage
The Buyer must inspect the Equipment upon receipt. Any visible damage must be described precisely on the carrier’s delivery note and notified to the Seller within 48 hours.
6. TRANSPORT & TAXES
6.01 Packaging
Equipment is supplied with standard packaging suitable for road transport. Any special packaging requested or required may be invoiced separately.
6.02 Taxes / customs / insurance
Taxes, customs duties, insurance and related formalities are borne by the Buyer unless stated otherwise in writing.
7. REFUSAL / RETURNS
7.01 Prior authorization
Any return requires prior written authorization from the Seller.
7.02 Return condition
Returns are only considered if the Equipment is complete, unused, and in its original packaging (films, cardboard, protections). Otherwise, the return may be refused.
7.03 Costs / restocking
Any approved return may trigger handling/reconditioning/logistics costs and a restocking deduction of up to 30% of the net amount, except where the return is due to the Seller’s fault.
7.04 Workshop repairs
Out-of-warranty repairs are charged at the rate in force. The Buyer must collect the repaired equipment within 30 days of notification; storage fees may apply thereafter.
8. PAYMENT – CLAIMS
8.01 Due date
Unless agreed otherwise in writing, invoices are payable immediately.
8.02 Late payment (B2B)
Late payment automatically triggers late-payment interest at the legally applicable rate for commercial transactions, plus the statutory minimum recovery amount (where applicable) and reasonable recovery costs.
8.03 Suspension
Any late payment entitles the Seller to suspend deliveries and Services.
8.04 Claims do not suspend payment
A dispute does not suspend payment of the undisputed portion.
8.05 Apparent defects
Claims for apparent defects must be notified to the Seller within 8 days of delivery (and to the carrier under 5.05 where relevant).
8.06 Hidden defects
In case of hidden defects, the Buyer must notify the Seller within a reasonable time after discovery and act within the legally required time limits.
9. RETENTION OF TITLE
Equipment remains the property of the Seller until full payment is received. Prior to full payment, the Buyer may not resell, pledge or transfer the Equipment without the Seller’s prior written consent.
10. WARRANTY – AFTER-SALES (KEY CLAUSE)
10.01 Duration
Unless stated otherwise in writing, the commercial warranty is 12 months (new) / 6 months (used/clearance) from the invoice date.
10.02 Scope: spare parts only
The commercial warranty covers spare parts only (supply and/or replacement of parts recognized as defective). Excluded: consumables and normal wear (gaskets, filters, lamps, glass, etc.), refrigerant gas/recharge, adjustments, calibrations.
10.03 Diagnosis & labour: not covered
The warranty does not cover:
- travel costs, labour, diagnosis/troubleshooting, dismantling/reassembly, handling, commissioning;
- difficult access costs (floors, stairs, thresholds, narrow access, parking constraints);
- transport/return of the equipment.
Important: to open a “parts warranty” claim, a qualified technician (refrigeration engineer) must diagnose the issue and identify the defective part. The Buyer must provide a diagnostic report or equivalent technical information upon request.
10.04 Intervention packs (if purchased)
If the Buyer purchased an Intervention Pack, labour/travel coverage applies strictly under the Pack’s terms (included time, geographical scope, exclusions, no gas recharge, etc.). Without a Pack, any intervention is invoiced at the rate in force.
10.05 Warranty exclusions (non-exhaustive)
Warranty is excluded in case of installation not compliant with specifications, lack of maintenance (dirty condenser, scale), misuse, overload, doors left open, power surge/grounding issues, intervention by unauthorized third parties, non-original parts, encasement without ventilation, transport/handling damage.
10.06 Return of replaced parts
Parts replaced under warranty must be returned (carriage paid) within 30 days with the case reference; otherwise, the part may be invoiced.
11. FORCE MAJEURE
Force majeure suspends obligations. If force majeure lasts more than 60 days, either party may terminate without compensation other than amounts already due.
12. DATA PROTECTION
Ko-Ordinate SRL processes personal data to perform the Contract and manage customer relations. The Buyer may exercise GDPR rights (access, correction, deletion) as applicable.
13. LANGUAGE
In the event of interpretation issues, the French version prevails.
14. GOVERNING LAW – JURISDICTION
Belgian law applies. Courts of Brussels have exclusive jurisdiction.