Terms & conditions

Terms and conditions

If you buy something from coolplant and/or purchase a service, the terms and conditions shown below apply. We have written the texts to be as readable as possible, but if you still have any questions, we would be happy to hear from you!

Article 1 - Definitions

coolplant: the supplier and service provider;
 
Buyer: a legal entity or natural person who orders or buys a product and/or purchases a service from coolplant (coolplant's counterparty).
 
Agreement: the agreement between coolplant and the buyer. The buyer and coolplant have an agreement at the moment the buyer places an order.

Article 2 - General

The provisions of these terms and conditions apply to every offer and/or every agreement between coolplant and a buyer to which coolplant has declared these conditions applicable, insofar as these conditions have not been expressly and agreed otherwise by the parties in writing.
 
The buyer's terms and conditions shall apply only if it has been expressly agreed in writing that they apply to the agreement to the exclusion of these conditions. In that case, any conflicting provisions in the terms and conditions of coolplant and the buyer shall apply between the parties only if and insofar as they form part of coolplant's conditions.
 
If one or more provisions in these terms and conditions are void or are annulled, the remaining provisions of these terms and conditions shall remain fully applicable. coolplant and the buyer shall then consult with a view to agreeing new provisions to replace the void or annulled provisions, taking into account as far as possible the purpose and intent of the original provision.

Article 3 - Offers and quotations

All offers in brochures, price lists, website(s), letters and announcements are without obligation, unless expressly stated otherwise.
 
Quotations issued by coolplant are without obligation; they remain valid for thirty days, unless stated otherwise. coolplant is bound by the quotations only if their acceptance by the buyer is confirmed in writing within thirty days.
 
Delivery times in quotations from coolplant are indicative and, if exceeded, do not entitle the buyer to termination or compensation, unless expressly agreed otherwise.
 
The prices in the said offers and quotations are exclusive of VAT and other government levies, as well as shipping and any transport and packaging costs, unless expressly stated otherwise.
 
If the acceptance deviates (on minor points) from the offer included in the quotation, coolplant shall not be bound by it. In that case, the agreement shall not be concluded in accordance with this deviating acceptance, unless coolplant indicates otherwise.
 
A composite quotation does not oblige coolplant to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.
 
Offers or quotations do not automatically apply to repeat orders.

Article 4 - Performance of the agreement

coolplant shall perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship. This is all based on the state of science and technology known at that time.
 
If and insofar as the proper performance of the agreement so requires, coolplant has the right to have certain work carried out by third parties.
 
The buyer shall ensure that all information which coolplant indicates is necessary, or which the buyer should reasonably understand is necessary for the performance of the agreement, is provided to coolplant in good time. If the information required for the performance of the agreement is not provided to coolplant in good time, coolplant has the right to suspend performance of the agreement and / or charge the buyer for the additional costs resulting from the delay in accordance with the usual rates.
 
coolplant is not liable for damage, of whatever nature, resulting from coolplant having relied on incorrect and / or incomplete information provided by the buyer, unless coolplant should have been aware of this incorrectness or incompleteness.
The buyer indemnifies coolplant against any claims by third parties who suffer damage in connection with the performance of the agreement and which is attributable to the buyer.
 

Article 5 - Delivery

Delivery takes place ex warehouse of coolplant, unless otherwise determined. Transport to the buyer's address takes place at the expense and risk of coolplant and, if coolplant does not carry out the transport itself, of the carrier.
 
If the goods are delivered, coolplant is entitled to charge any delivery costs. These will then be invoiced separately.
 
If coolplant requires information from the buyer for the performance of the agreement, the delivery period shall commence after the buyer has made this available to coolplant.
 
If coolplant has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline.
 
Any insurance costs shall be borne by the buyer.
 
coolplant reserves the right not to carry out orders if the buyer has not paid for previous deliveries in accordance with the agreed payment conditions. coolplant is not liable for any damage suffered by the buyer as a result of non-delivery.
 

Article 6 - Payment

Sales are made against cash payment, credit card, debit card, iDdeal, by bank transfer, in advance or on delivery, unless agreed after receipt of the invoice, in which case payment must be made within the agreed payment term after the invoice date, in a manner to be indicated by coolplant in the currency in which invoicing has taken place. Objections to the amount of the invoices do not suspend the payment obligation.
 
If the buyer remains in default of payment within the payment term, the buyer is legally in default by operation of law. The buyer shall then owe interest of 5% per month, unless the statutory interest is higher, in which case the statutory interest shall apply. Interest on the amount due and payable shall be calculated from the moment the buyer is in default until the moment of payment of the full amount.
 
In the event of liquidation, bankruptcy, attachment or suspension of payments of the buyer, coolplant's claims against the buyer shall become immediately due and payable.
 
In the event of non-payment or late payment, all costs incurred by coolplant in connection with the collection of its claim shall be borne by the buyer, including additional administrative costs. The extrajudicial costs amount to at least 15% of the invoice amount with a minimum of €25, excluding VAT.
 

Article 7 - Retention of title

All goods delivered by coolplant remain the property of coolplant until the buyer has fulfilled all obligations.
 
If third parties levy attachment on the goods delivered under retention of title or wish to establish or enforce rights thereto, the buyer is obliged to inform coolplant thereof as soon as may reasonably be expected.
 
In the event of late payment of one or more invoices that are already due and payable, and if the circumstances and a reasonable weighing of the interests of the parties leave no other choice, coolplant has the right to immediately repossess the delivered products and remove them from the place of storage.
 

Article 8 - Warranty

coolplant guarantees that the goods to be delivered meet the usual requirements and standards that may be set for them and are free from any defects whatsoever.
 
Complaints concerning visible defects in the products delivered by coolplant must be reported to coolplant by email or telephone immediately upon discovery, or in any event within 24 hours of receipt.
 
Complaints as referred to in paragraph two do not suspend the buyer's payment obligation.
 
In the event of a justified complaint, the buyer may choose between free repair or re-performance of the rejected delivered goods, or complete or partial non-performance of the delivery in return for a proportional refund of the fee already paid by the buyer.
 

Article 9 - Force majeure

The parties are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and for which they are not responsible under the law, a legal act or generally accepted practice.
 
In these general terms and conditions, force majeure shall, in addition to what is understood in this respect under the law and case law, mean all external causes, foreseen or unforeseen, over which coolplant has no control, but as a result of which coolplant is unable to fulfil its obligations. Strikes in coolplant's business are included in this.
 
The parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than 5 days, either party is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
 
If, due to force majeure, delivery cannot be made in accordance with the agreement, coolplant shall confirm this to the buyer as soon as possible by email or telephone.
 
The following circumstances, among others, shall be regarded as force majeure:
Late or qualitatively unacceptable delivery by one or more suppliers;
Impeding measures imposed by the authorities;
Total or partial strike or disruption in the internal and external transport apparatus;
 

Article 10 - Applicable law

Dutch law applies to every agreement between coolplant and the buyer.
 
The parties shall first appeal to the courts only after they have made every effort to settle a dispute by mutual consultation.

Article 11 - Rights of action

Insofar as not otherwise provided in these general terms and conditions, rights of action and other powers of the buyer against coolplant on whatever basis in connection with work carried out by coolplant shall in any event lapse after six months from the moment the buyer became aware or could reasonably have become aware of the existence of these rights and powers.
 

Article 12 - Amendment, interpretation and filing location of the terms and conditions

These terms and conditions have been filed with the Chamber of Commerce in Amsterdam.
 
In the event of interpretation of the content and scope of these general terms and conditions, the Dutch text shall always be decisive.
 
The version that applies shall always be the most recently filed version or the version that applied at the time the agreement was concluded.