General conditions of sale
By signing the order, accepting the delivery or the invoice, the buyer declares to have taken note of these general terms and conditions of sale and undertakes to comply with them.
All goods are delivered under the “Free Carrier” (FCA) system. For each delivery of goods and services, transport and packaging costs are charged depending on the weight, the distance and the method of shipment. The insurance against transport damage of the goods is the responsibility of the customer.
Delivery times specified by us are always provided without obligation. Under no circumstances will the buyer be able to invoke the exceeding of these periods as a reason for the dissolution of his order or for the charging of compensation.
In the event of a delay in delivery due to the fault of the buyer, the storage costs will be charged in full to the Buyer.
Any cancellation of the order must be in writing. It is only valid if it is accepted in writing by the seller.
In the event of cancellation, the customer owes the costs already incurred by the seller as well as a flat-rate reimbursement of 5% of the price of the order, subject to proof of higher damage by the seller. This flat-rate reimbursement covers the fixed administrative costs and a possible loss of profit.
Retention of title
All delivered goods remain our property until full payment of the corresponding invoice.
Intellectual property rights
All rights of intellectual property with regard to the products and / or services as well as designs, software, source codes, documentation and all other materials that are developed and / or used to prepare or implement the agreement between the seller and the buyer, or that result therefrom, rest solely with the seller himself or his suppliers. The delivery of products and / or services does not extend to any transfer of intellectual property rights.
A complaint is only valid if it is notified to us by registered letter within a period of 8 days after receipt of the goods. In the absence of protest, the customer is deemed to have accepted the invoice as well as these general terms and conditions.
Visible defects or damage must, under penalty of forfeiture, be stated within a period of 8 days after receipt of the goods by motivated registered letter. The use, even of a part of the delivery, implies the approval of the visible defects or damage.
For the goods delivered or produced by us, a guarantee applies to hidden defects during a period of 12 months, provided that:
- the defect seriously makes the goods unsuitable for the use for which they are usually intended or for the special use that was expressly agreed in writing when entering into the agreement;
- the goods have been professionally assembled (in case the assembly is not done by the Seller)
- the goods were used normally, or at least in the special circumstances that were explicitly agreed upon in writing when entering into the agreement;
- the defects were reported to us by registered letter within a reasonable period after the defect was discovered or should have been discovered.
Our guarantee cannot therefore be invoked:
- in the event of incorrect use of the product;
- if the maintenance is done at a company other than that of the seller – supplier;
- if the damage is caused by force majeure;
- if additional, non-adapted, equipment is connected to the product sold;
- in case (intentional) damage to the product is caused by the buyer (co-contracting party) or his employees.
The guarantee is limited to the replacement of defective parts. The final decision to accept a guarantee application lies irrevocably with the manufacturer of the parts involved.
Our possible liability is limited to the direct damage actually suffered to the buyer, excluding the indirect damage, such as, but not limited to, the lost profit, the financial or commercial losses, production loss, the increase in general expenses, the increased administration costs , loss or damage to data, loss of contracts, immaterial damage and loss of customers.
We are not liable for damage to third parties, we do not have to indemnify the client in this hypothesis.
Advances or guarantees
We reserve the right to request advances or guarantees from our buyers.
Payment & invoice conditions
All invoices are payable in cash without any discount. All complaints must be protested in writing within 8 calendar days of the invoice date. In the absence of protest, the customer is deemed to have accepted the invoice and these general terms and conditions.
In the event of non-payment or late payment of the invoice on the due date, outside of the € 50 reminder fee, by law a delay interest of 12% per year from the due date of the invoice and a compensation of 10% flat-rate (with a minimum of € 150) ) are charged.
Validity of our prices of orders
Coenco reserves the right to change the prices of an order if the advance payment is not received within 3 months of the customer’s order.
Coenco reserves the right to change the prices of an order if the goods and services cannot be delivered within one year of receipt of the advance payment due to a cause that is not Coenco’s.
Applicable law and disputes
The legal relationships between seller and buyer are exclusively subject to Belgian law, to the exclusion of the rules of Belgian law, in particular rules of Belgian private international law, which lead to the application of foreign legal rules.
Only courts of West Flanders are competent for disputes arising from goods or services supplied by us or transactions relating to these.
Deviations from these terms and conditions
Our general terms and conditions of sale cancel and replace all conflicting or additional provisions or conditions stated on the purchase order or on other documents of the buyer. Deviations from our general terms and conditions of sale are only valid with explicit written notice to the buyer.