Contractual conditions


Article 1
1.1 Only a price quotation or order slip signed by INCOTECH BV legally binds INCOTECH BV. Orders or commissions accepted by mediators, representatives or people employed for any other reason shall only be valid
upon written confirmation of INCOTECH BV.
1.2 All electronic confirmations or orders are governed by the general binding contractual conditions.
1.3 Only the general sales conditions of INCOTECH BV, with which the customer declares to be familiar and which the customer has integrally accepted, apply to the agreements of the parties. These conditions cancel and
have precedence over the general and specific purchase and sales conditions of the buyer, even if these are made available afterwards. Deviating conditions should be agreed upon separately and in writing and are only
valid in as far as they complement these sales conditions.
1.4 The fact that the customer does not receive the general sales conditions in his/her native language does not exempt him/her of those conditions.
1.5 All prices mentioned exclude VAT, taxes and other costs unless explicitly stated otherwise in a written agreement. Unless explicitly contradicted by a clause, the prices shall be calculated for the activities executed during
the normal working hours of INCOTECH BV.
1.6 The working hours for maintenance, installation, revision and reparation activities are calculated as following: fixed forfait including 1 working hour and call out charge. Additional working hours are charged per period of
15 minutes. If the invoice amount is equal to or smaller than 123 Euros, lump administration expenses of 3.75 Euros shall be charged.

Article 2
2.1 The quotations of INCOTECH BV are only binding if they are accepted by the buyer within 14 calendar days after reception. After this period INCOTECH BV reserves the right to adjust the quotations according to any
wage and material cost increase.
2.2 The quotations of INCOTECH BV are for information only and are subject to technical adjustments or adjustments by the manufacturer/supplier.
2.3 In case of cancellation of the order by the customer or breach of agreement by the customer, INCOTECH BV shall have the right to opt for execution of the agreement or for its termination. In all cases in which the
agreement is terminated unlawfully by the customer or at his/her expense, he/she legally owes lump damages equal to 30% of the total price including VAT or the already full payed advance including VAT without prior notice,
notwithstanding the right of INCOTECH BV to prove increased damages.
All products that were ordered specifically, standard or non-standard (i.e. custom work) products can never be rejected or cancelled by the customer.

Article 3
3.1 The title of the delivered and/or installed product shall only be transferred to the customer upon complete payment of the customer of the price, any interests, damages, costs and taxes. Nevertheless, the risks of loss or
destruction of the delivered and/or installed product shall be carried integrally by the customer as soon as the sold product was delivered to him/her.
3.2 INCOTECH BV can proceed to take back as its property the products and for this the customer shall grant access freely to the company space where the products are located.

Article 4
All creations of INCOTECH BV (e.g. designs, drawings, models, photographic recordings, etc.) shall always remain the exclusive property of INCOTECH BV, both in spirit and in truth, except in the case of explicit contradicting
clause. The customer can never demand issuing of these creations and the material, nor use it. Implicit permission does not mean renouncing any right by INCOTECH BV.
Every imitation of these creations of INCOTECH BV in whatever form or procedure is strictly prohibited. Every breach of the regulations of this article irrevocably includes lump damages payment of 7500 Euros, subject to a
higher reimbursement in case of higher damage.

Article 5
5.1 The delivery term indicated is for information purposes only. Late delivery cannot be a reason to cancel the agreement, nor to damages or refusing the reception of products.
Every use or processing of the delivery, even partial, is regarded as the explicit acceptance of the complete delivery.
5.2 If INCOTECH BV cannot deliver/process an order in whole or in part as a result of force majeure, it has the right to terminate the agreement in whole or in part, or to temporarily suspend the agreement, without being held
to any compensation. The customer does not have the right to claim damages or termination of the agreement at the expense of INCOTECH BV.
5.3 Force majeure includes but is not limited to the following: war threats or war, strikes, lock-out, technical failures of traffic or transport, failure of (data) networks, governmental measures, resource scarcity, fire, and all
circumstances not controlled by INCOTECH BV that limit normal conduct of business.

Article 6
6.1 Transport and packaging expenses shall be paid by the customer. Product transport is the risk of the customer.
6.2 The customer is required to carry out an inspection. Upon collection and/or delivery of the products by the customer, a proxy or a transporter, the products should be inspected by the customer.
Any visible defects concerning the products delivered should be reported to INCOTECH BV in writing within 48 hours after delivery. Use of reselling, even of part of the delivery, implies the irrevocable acceptance of the
customer of the products.
The customer should also include the following on the receipt of the proxy or the transporter: “subject to verification”, with his/her meticulous remarks concerning the products (e.g. damaged packaging, boxes, damaged
machine, etc.).
If the customer does not adhere to this, any subsequent complaints on the state of the products shall not be processed by INCOTECH BV and the customer shall not be able to hold INCOTECH BV liable.
6.3 The products of INCOTECH BV are covered by a guarantee for hidden defects for a period of one year after delivery, subject to the conditions described below.
Hidden defects includes defects that seriously disable the product for normal use or for the purpose for which it was explicitly intended under specific conditions.
Under penalty of revocation of appeal the customer should be motivated to report per registered writing to INCOTECH BV any hidden defects within 8 calendar days after discovering the hidden defect or after when he/she
could reasonably be assumed to have discovered the hidden defect, without this report being allowed to take place after the guarantee term.
If complaints are deemed admissible and founded, the duty of INCOTECH BV is limited to replacing or repairing the defective or damaged products and the damage cannot exceed the original purchase price of the product
sold. No other damage of the customer or third parties, including consequential damage, is eligible for compensation.

Article 7
7.1 Except in case of an agreement stating otherwise, invoices are to be paid in cash in EURO within five calendar days after the date of issue at the business address.
7.2 In case of non-payment of the invoice on the expiration date, the following is legally owed, without prior notice and in addition to any unpaid (even if not expired) invoice amounts: the legal interest rate of commercial
transactions according to the 2 August 2002 Act for the Prevention of Arrears in Commercial Transactions.
In case of non-payment in whole or in part without serious and acknowledged reason on the expiration date, a lump sum is owed of 10% of the invoice price with a maximum of €125, in addition to the amount legally owed
and without prior notice, even in case of a grace period granted.
7.3 Invoicing takes place electronically per e-mail. Acceptance of the invoice by the customer implies the acceptance of the customer of electronic invoicing in the future unless the customer declares to INCOTECH BV
explicitly and in writing that he/she prefers paper invoicing within 5 calendar days after reception of the invoice.
7.4 In case of disputes concerning an invoice, the protest should be sent in registered writing within the 5 calendar days after reception, failing which the customer is assumed to have accepted irrevocably the invoice.
7.5 In case of non-payment, INCOTECH BV shall have the right to halt all further service, maintenance, deliveries and/or installation. In that case INCOTECH BV also reserves the right to legally regard the agreement as
terminated (with damages) without prior notice for the whole or for the part not yet completed. The customer shall return to INCOTECH BV all materials delivered by INCOTECH BV in perfect condition upon first request;
expenses for this shall be paid by the customer. If the returned material is not in perfect condition, the costs for returning it to perfect condition shall again be paid by the customer. The amounts already paid by the customer
shall be regarded as earned lawfully by INCOTECH BV on account of fixed damages.
7.6 Releasing a protest, the termination with clearance, refusal of payment – even if not established officially – or any other fact pointing to the threatened insolvency of the customer or which endangers his/her credit rating,
has the legal consequence that all unpaid invoices become claimable immediately.
7.7 INCOTECH BV reserves the right to legally treat the agreement as terminated without prior notice in case of bankruptcy or apparent inability of the customer, notwithstanding the right to damages.

Article 8
8.1 The guarantee of all products only covers construction defects for the term of one year, on the condition that the products are used normally and for which they were purchased from INCOTECH BV.
8.2 The guarantee only covers “parts” and thus INCOTECH BV shall never be liable for any other damages.
8.3 INCOTECH BV is at no time and in no circumstance liable for any consequential damage or other damage, whatever the cause. The customer/user of the products should always ensure that the content of the products
is always insured.
8.4 The guarantee does not cover any defects caused by/as a result of

  • Transport
  • Overburdening the products, opened doors for extended periods of time
  • Frozen and/or clogged evaporators, drip pans, drainage pipes
  • Clogged and/or hindered condensers and/or air filters
  • Corrosion of heat exchangers (evaporator, condenser, etc.)
  • Neglect by the customer and/or user
  • Malicious intent
  • Neglect caused by not reading manuals, proper use or maintenance
  • Changes in voltage (+/- 10% is allowed) caused by, for example, power failure, lightning, etc.
  • Changes or reparations by the customer/user and/or a third party
  • Use of spare parts not included and/or not approved by INCOTECH BV

8.5 The guarantee does not cover

  • Calls where no defect could be found by the technician during the intervention
  • Scratches or other minor defects that appear when unpacking the goods or during the installation, which do not affect the proper functioning or appearance of the material
  • Parts that do not directly affect the functioning of the cooling system, such as lighting, glass, door hinges, door closing mechanism, wheels, etc.
  • Frozen and/or clogged evaporators, drip pains, drainage pipes
  • Clogged and/or hindered condensers and/or air filters
  • Corrosion of heat exchangers (evaporator, condenser, etc.)

8.6 Maintenance, revision or reparation activities, either carried out to the direction of a party or for a lump price, are not and will never covered by the guarantee.
8.7 In case of late payment the guarantee is cancelled in its entirety. This also applies to non-payment of an invoice.

Article 9
F-gases regulations – Operation of cooling system
The customer is and shall unconditionally remain liable for being informed sufficiently and correctly for professional operation of his/her installations. INCOTECH BV can never be held liable for the customer not adhering to
the F-gases regulations – violations and the follow-up of cooling systems. Our advice concerning corrective measures is never binding and always to be paid by the customer or operator. For the current laws and legislation
concerning cooling systems, please visit the competent organisations. For non-binding information and purely informational applications, please visit our website

Article 10

If one of the aforementioned articles should be declared null and void, the other articles shall not be affected by that in any way and shall remain valid.

Article 11
11.1 Belgian law conventionally governs the agreement.
11.2 In case of a dispute only those courts of law of the judicial district where the aforementioned business address of INCOTECH BV is located shall be territorially competent.