GENERAL TERMS AND CONDITIONS OF SALE
GENERAL – Our purchase orders, quotes and commitments from our agents and/or representatives are only binding on us after written confirmation by us.
PRICE FLUCTUATIONS – If more than half the goods ordered come from abroad, the seller can, in the event of fluctuation in the Euro against the foreign currency of more than 5% (five percent) between the order date and the payment date, change the sale price up to proportionally half of the new exchange rate.
PAYMENT – Unless there is written agreement to the contrary all our invoices are payable in cash and with no discount in the district where the company’s office is located.
In case of non-payment of an invoice within eight days of its due date, as of right and without official notification beforehand, late payment is due at a rate of 1% per month. From this time the invoice amount will be increased as of right and without official notification beforehand by an amount of 15% with a minimum of 50 Euros, this being by way of a penalty clause.
TRANSFER OF OWNERSHIP – S.A. COFE-O SERVICES retains full ownership of the machine(s) until full payment is made including taxes and duties, as well as extraordinary expenses as laid down in this document.
In the event of non-payment of the price, taxes and expenses on the date stipulated or in case of seizure at the expense of the purchaser, a request for settlement, bankruptcy proceedings or publication of a protested bill before payment is made, the buyer agrees as of now to the termination of the contract as of right and at his expense independent of any right to compensation. In addition, the buyer undertakes:
1. to enable S.A. COFE-O SERVICES to repossess, without prior notification, the machine(s) by allowing the transporter to access his premises.
2. to bear all costs and all expenditure carried out by S.A.COFE-O SERVICES for uplifting machines. The risk relating to the machines between delivery and repossession is payable by the purchaser.
DELIVERY – Any partial delivery must be considered as a partial sale. Should one of the situations provided for under the heading “Transfer of ownership” occur, the seller has the right to terminate all the contracts to be carried out, and this at the purchaser’s expense, by sending a registered letter. This termination is done in this situation as of right at the purchaser’s expense, with the effects attached to it with regard to damages and interest (see below).
Unless the delivery times are explicitly guaranteed by S.A. COFE-O SERVICES, they must be considered as purely indicative.
UPLIFTING, APPROVAL AND TRANSPORT – Unless stipulated otherwise, the goods are sold ex-store, they must be approved within 48 hours of receipt of the order confirmation, by the purchaser; the purchaser may identify the goods. In this case, the goods must be uplifted within EIGHT days of receipt of the order confirmation, unless another delivery time is determined. If the goods are installed by us, they are deemed to be approved, unless a written claim is sent to us within 48 hours of installation. In case of installation, the goods still travel at the purchaser’s risks, these risks start from the time that the goods are loaded on a vehicle.
In case of damage or missing product, the purchaser may only have recourse against the carrier and/or freight forwarding agent.
All claims which would be made after the approval deadline are late; they will not be taken into consideration.
FORCE MAJEURE – We are not liable for damages resulting from a delay in delivery and we reserve the right to cancel the sale, or delay the delivery until such time as the situation has returned to normal, in case of a strike, fire, war, heavy ice, change in the regulations relating to imports and/or exports, or in any other case of force majeure or foreign unrest making the execution of the sale impossible or significantly more difficult.
GUARANTEE – S.A. COFE-O SERVICES grants its purchasers the same guarantees that it receives from the manufacturers, and this being under the same conditions. Generally, broken glass and lights, fuse damage, as well as any other damage resulting from incorrect or negligent use are excluded from these guarantees.
The purchaser is solely responsible for the control and use of the machine(s) which are under his personal management and supervision.
S.A. COFE-O SERVICES will in no case be held liable for compensation for any loss that could result from a faulty operation of the machine(s) installed or delivered by virtue of this contract.
DAMAGES AND INTEREST – Subject to any other rights S.A. COFE-O is entitled in the event of termination of the contract at the purchaser’s expense, to a fixed compensation of 30% (thirty percent) of the total sale price (excluding VAT); S.A. COFE-O SERVICES however is entitled to demand a higher compensation if it provides proof that the damage exceeds 30% (thirty percent) (for example in the case of a custom made order).
CONNECTIONS AND ACCESSORY INSTALLATIONS – The main electricity supply, earthling, main fuses as well as the sockets must always be provided by the purchaser up to the place where the device will be installed.
The power lines must comply with the electricity companies’ requirements and correspond to our data.
All water inlets and outlets, any sanitary and plumbing work (as well as the connections to ventilation and chimneys) must be provided beforehand by the purchaser so that connection of our devices and machines can be implemented as soon as they are delivered.
Intervention of our technical service for any connection work is done under the purchaser’s entire responsibility and we cannot be held liable for any damage resulting from this intervention.
It is the purchaser’s responsibility to ensure compliance with any legal provisions and to obtain the necessary authorisations (for example, commodo/incommodo).
DISPUTES – all disputes will be under the exclusive jurisdiction of the Justice of the peace of the third canton of Brussels and the courts of Brussels.
The sale contract is subject to Belgian law.
TAXES – If Cofé-O Services should have to pay any tax originating from any authority after making a distributor, or any other machine available for its customer, the customer shall be responsible for paying the amount of taxes claimed from Cofé-O Services.