General terms and conditions of sale

Clause 1 – Role of the Intermediary

Frigo Horeca operates solely as an intermediary in the sale of Horeca equipment. The platform, operated by Ko-Ordinate SRL, connects buyers with carefully selected reputable suppliers, providing access to high-quality products at competitive prices.

As an intermediary, Frigo Horeca / Ko-Ordinate SRL is not the seller of the listed products. We facilitate transactions between suppliers and buyers, without being a contractual party to the final sale agreement, which is concluded directly between the supplier and the buyer.

Frigo Horeca / Ko-Ordinate SRL assumes no responsibility regarding product quality, delivery, or conformity. These aspects remain the exclusive responsibility of the suppliers.

SCOPE OF APPLICATION – INTENDED USE OF EQUIPMENT

1.01 Applicability of the General Terms & Conditions

These General Terms & Conditions apply to all orders placed by the buyer with Ko-Ordinate SRL, acting as an intermediary for selected suppliers’ products. These conditions govern all our contractual relations, including any ancillary services. They prevail over any general or specific purchasing terms of the buyer, unless expressly accepted in writing by Ko-Ordinate SRL. No derogation shall be accepted without written confirmation from us.

1.02 Intended Use of Equipment

The equipment offered by Ko-Ordinate SRL through its platform is intended for professional use only.

PRICES

2.01 Pricing

The prices of equipment intermediated by Ko-Ordinate SRL are exclusive of VAT and based on the price applicable on the shipping date. The price invoiced will be that indicated on the shipping document.

2.02 Excluded Costs

Displayed prices do not include delivery costs, travel expenses, installation costs, modifications required or useful to existing installations, or training fees. These additional costs will be invoiced separately.

2.03 After-Sales Service Pricing

Prices for after-sales services, including labour, travel, spare parts, and any other related costs, will be charged according to the rate applicable on the day of the intervention by Ko-Ordinate SRL or the appointed service provider.

QUOTATIONS / OFFERS

3.01 Offer Validity

Offers issued by Ko-Ordinate SRL are indicative and subject to product availability from suppliers. Ko-Ordinate SRL acts as an intermediary and cannot be held responsible for changes in pricing or availability. Prices may be adjusted until the final agreement between the parties, unless the offer explicitly mentions a validity period after which it becomes void if not accepted without reservation.

ORDERS

4.01 Order Confirmation

An order placed by the buyer is considered binding only after written acceptance by Ko-Ordinate SRL. Acceptance marks the conclusion of the contractual agreement between the parties, without prejudice to the fact that the final sale agreement is concluded between the supplier and the buyer.

4.02 Initial Payment

Upon acceptance of the order, the buyer must pay the full order amount including taxes.

4.03 Binding Nature of the Order

The order is irrevocably binding on the buyer and cannot be cancelled, even before acceptance by Ko-Ordinate SRL, except with written consent from Ko-Ordinate SRL, or if Ko-Ordinate SRL fails to respond within a reasonable timeframe. Seven (7) working days is considered a reasonable timeframe.

4.04 Unavailability of Spare Parts

The buyer is not entitled to any compensation in case spare parts are unavailable.

4.05 Buyer’s Failure to Perform

In the event of serious non-performance by the buyer, Ko-Ordinate SRL may terminate the contract, subject to an unremedied notice within eight (8) days. The buyer shall owe Ko-Ordinate SRL compensation equal to 30% of the net order value, without prejudice to higher proven damages.

4.06 Special Orders

For specific or custom-made equipment that cannot reasonably be resold, the fixed and irreducible compensation owed to Ko-Ordinate SRL shall be 85% of the order value.

4.07 Cancellation or Serious Fault by Ko-Ordinate SRL

In case of cancellation of an accepted order or serious failure attributable to Ko-Ordinate SRL, the buyer may terminate the contract after an unremedied notice of eight (8) working days. Ko-Ordinate SRL shall owe compensation equal to 10% of the net order value, unless an equivalent replacement solution is proposed.

DELIVERY

5.01 Delivery Time

Delivery through Ko-Ordinate SRL depends on supplier availability and is indicative unless expressly stated otherwise. Ko-Ordinate SRL may reschedule deliveries or make partial deliveries without giving rise to compensation, except in case of gross negligence or fraud.

5.02 Delivery Moment

The buyer accepts the possibility of multiple shipments. Delivery is deemed completed when equipment leaves the supplier’s warehouse.

5.03 Delivery Responsibility

Risk transfers to the buyer when goods are handed to the carrier. Transport is therefore the buyer’s responsibility. Ko-Ordinate SRL cannot be held liable for transport loss or damage. All delivery costs remain the buyer’s responsibility.

5.04 Unloading

Unloading is presumed at ground floor level. If access is difficult, unloading will occur at the nearest accessible point and extra handling costs will be borne by the buyer.

5.05 Delivery Compliance

Goods are deemed compliant when leaving supplier warehouses. The buyer must inspect goods upon receipt and note damages on the delivery slip, and immediately notify Ko-Ordinate SRL.

TRANSPORT & TAXES

6.01 Packaging

Equipment is supplied with packaging compliant with road freight standards. Any special packaging will be charged separately.

6.02 Transport Costs

Transport costs are borne by the buyer. Sales conditions are Ex Works (supplier warehouse unless otherwise agreed). Taxes, customs duties, and insurance are also payable by the buyer.

REFUSAL OR RETURN OF EQUIPMENT

7.01 Prior Approval

Any return requires prior written approval from Ko-Ordinate SRL.

7.02 Packaging Condition

No returns are accepted unless goods are in original packaging with full protective materials.

7.03 Return Costs

Approved returns incur buyer costs, except when caused by Ko-Ordinate SRL. In that case, refund is reduced by 30% to cover admin/logistics.

7.04 Workshop Repairs

Repairs are billed per applicable rates of Ko-Ordinate SRL. Equipment must be collected upon notification. After 30 days and formal notice, Ko-Ordinate SRL may dispose of the equipment without compensation to the owner.

PAYMENT & CLAIMS

8.01 Payment Terms

Unless otherwise agreed in writing by Ko-Ordinate SRL, invoices are payable immediately without discount.

8.02 Instalments

Default on any instalment makes the full remaining balance immediately due.

8.03 Late Payment Interest

Late payments bear legal interest under Belgian law (Act of 2 August 2002) plus 2% annually.

8.04 Penalty Clause

Unpaid invoices incur a 15% contractual penalty (minimum €65) plus late interest. Deliveries and after-sales services may be suspended.

8.05 Transaction Fees

All payment processing fees are borne by the buyer.

8.06 Non-Conformity Claims

Claims must be sent in writing by registered mail to Ko-Ordinate SRL within 8 days of delivery. Claims do not justify withholding payment.

8.07 Hidden Defects

Hidden defect claims must be notified within 15 days of discovery, and legal action must be brought within 60 days of discovery or failed amicable settlement.

RETENTION OF TITLE

9.01 Ownership

Goods remain supplier property until full payment. Before payment, buyer cannot resell, pledge, or transfer goods without supplier approval. The buyer must notify Ko-Ordinate SRL and supplier in case of seizure.

9.02 Enforcement

In case of non-payment, the supplier may:
a) reclaim goods, with recovery costs payable by the buyer
b) exercise rights over the buyer’s receivables
c) seize sums owed up to the outstanding amount

WARRANTY & LIABILITY

10.01 Warranty Period

12 months for new equipment, 6 months for used/declassified equipment, unless manufacturer warranty is shorter.

10.02 Warranty Scope

Warranty covers defective parts replacement only. Wear parts excluded.

10.03 Exclusions

Warranty excludes failures linked to misuse, poor installation, voltage issues, non-original parts, etc.

10.04 Maintenance

Lack of maintenance or improper servicing voids warranty. Proof of professional servicing may be required.

10.05 Transport Damage

Transport damages are not covered.

10.06 Return of Parts

Defective parts must be returned to Ko-Ordinate SRL within 30 days for manufacturer warranty validation.

FORCE MAJEURE

11.01 Definition

Events such as production disruption, strikes, embargo, terrorism, epidemics, severe weather, raw material shortages, affecting Ko-Ordinate SRL or suppliers suspend obligations without compensation.

11.02 Renegotiation / Termination

If force majeure exceeds 60 days, parties may renegotiate or terminate the contract in writing.

DATA PROTECTION

12.01 Processing

Ko-Ordinate SRL processes buyer data for contract execution, customer management, marketing, and communication in compliance with GDPR.

12.02 Buyer Rights

The buyer may access, correct, or delete their personal data at any time, in accordance with GDPR.

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