Terms and conditions
Translation provided for information. In the event of any discrepancy, the French version prevails.
1. General provisions
These general terms and conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties for sales and services carried out by us. By signing the agreement or the order form, or by accepting the order confirmation, our contracting party expressly acknowledges having read and accepted these general terms and conditions. Only exceptions agreed in writing may modify these general terms and conditions. In the event of a conflict between our contracting parties’ general terms and ours, ours shall prevail.
2. Validity of quotations
Unless otherwise stated in writing, our quotations are valid for 30 days from their date of issue.
3. Orders and lead times
An order is only binding on us after written confirmation. Changes made by the customer to their order form or to our quotation are only valid after our written acceptance and confirmation.
In the event of unilateral cancellation by the customer, we reserve the right to claim compensation of 30% of the total amount.
Delivery or completion times are indicative unless otherwise stated. They may be extended in the event of:
- force majeure;
- late provision of information or documents by the customer;
- changes during the project;
- failure to comply with the payment terms.
The customer undertakes to provide safe access to the premises and to follow the technical instructions for the installation.
4. Retention of title
We retain ownership of the goods until full payment. The customer may not sell, transfer or pledge the goods before full payment.
In the event of non-payment, we may demand the return of the goods after a formal notice that has remained without effect for 8 days. The customer bears the risk of loss, even in the event of force majeure.
5. Prices and payment terms
Our prices are stated in euros, excluding transport costs unless otherwise stated.
Invoices are payable within 15 days. After this period:
- interest of 1% per month of delay;
- fixed compensation of 15% of the unpaid amount, with a minimum of €75 per invoice.
Any dispute concerning an invoice must be made in writing within 15 days. Payment is made as follows:
- 50% on order;
- 20% on delivery of the equipment;
- 20% during the works;
- the balance on receipt of the final invoice.
6. Right of withdrawal
Any consumer customer has 14 calendar days to withdraw, without penalty, by writing to info [at] becoolsolutions.be. This right does not apply to urgent work or services performed with the customer’s express consent. In the event of withdrawal after specific equipment has been ordered, costs already incurred remain payable by the customer.
7. Price revision
Prices are based on costs at the date of the quotation. If the price of refrigerants or materials rises by more than 5%, Be Cool Solutions may adjust the price after written notification. The customer then has 5 days to accept or to terminate without compensation. Costs already incurred remain payable by the customer.
8. Maintenance contracts and price revision
8.1 Changes in rates: the price of maintenance contracts is index-linked to inflation and revised annually according to the consumer price index published by the Belgian National Institute of Statistics.
8.2 Renewal and revision terms: each maintenance contract is tacitly renewed for one year, unless terminated by registered letter with three months’ notice before the expiry date.
9. Warranty
9.1 Business customers: acceptance is deemed given 5 days after delivery unless a written complaint is made. 1-year warranty, subject to proper use and installation carried out by us.
9.2 Consumer customers: 2-year legal warranty in accordance with the Belgian Act of 1 September 2004, for lack of conformity existing at the time of delivery.
10. Obsolescence and unavailability of parts
For any equipment more than 10 years old, the Service Provider guarantees neither the availability of parts nor the possibility of repair.
If parts are unavailable or costs are disproportionate, the Service Provider is released from any obligation of result and may propose a partial or full replacement. Investigations, diagnostics and tests are charged.
11. Damage due to the condition of surfaces
Be Cool Solutions cannot be held liable for damage to old or fragile surfaces where such damage results from their original condition.
12. Confidentiality
All information exchanged is confidential and may not be disclosed without written consent.
13. Subcontracting
Be Cool Solutions may subcontract all or part of the services while remaining responsible to the customer.
14. Electronic invoicing – PEPPOL network
In accordance with applicable legislation, invoices are issued in structured electronic form compliant with the European standard EN 16931 and sent, where possible, via the PEPPOL network.
The customer not being registered on PEPPOL does not suspend payment deadlines. As a transitional measure, the invoice may be sent by any equivalent electronic means.
15. Limitation of liability
The liability of Be Cool Solutions is limited to direct damage resulting from a proven fault.
Be Cool Solutions cannot be held liable for operating losses, loss of goods or perishable foodstuffs, or the contents of cold rooms.
Total liability is limited to the amount invoiced for the intervention.
16. Site access – downtime – wasted call-outs
The customer guarantees free and safe access to the premises. Any wasted call-out or waiting time attributable to the customer will be charged according to the applicable rates.
17. Acceptance of works and commissioning
The works are deemed accepted:
- by signature of the service report;
- by commissioning;
- or in the absence of written reservations within 5 days.
Acceptance marks the transfer of risk and the start of the warranties.
18. F-Gas and refrigerants
All work involving fluorinated gases is carried out in accordance with the applicable F-Gas regulations. The customer undertakes to:
- report any leak as soon as it is noticed;
- not have a non-certified third party work on the installation;
- keep the installation logbooks accessible.
Be Cool Solutions cannot be held liable for penalties resulting from the customer’s failure to comply with their legal obligations.
19. Force majeure
Neither party is liable for force majeure events that suspend performance of the contract.
20. Termination of the contract
In the event of non-payment or breach, the contract may be terminated with fixed compensation of 30%. This compensation is due without prejudice to any additional, duly substantiated damage.
21. Personal data protection
Data are processed in accordance with the GDPR. Right of access, rectification and erasure on written request.
22. Prior mediation
In the event of a dispute, mediation shall be attempted before any legal action.
23. Governing law and disputes
These terms and conditions and all contractual relations are governed exclusively by Belgian law. The courts of the district of the registered office have exclusive jurisdiction.
24. Severability
The invalidity of any clause does not affect the validity of the rest of the contract.
Contact details
BE COOL TECHNICS SRL / BE COOL SOLUTIONS – Registered office: Boulevard Bischoffsheim 39/4, 1000 Bruxelles – VAT: BE 1010.075.846 – Contact: info [at] becoolsolutions.be