STANDARD TERMS AND CONDITIONS OF SALE – KOTSAF BV
1. Applicability
These terms apply to all sales and commercial transactions between KOTSAF BV and its professional clients. The client expressly waives its own general terms and conditions unless expressly agreed in writing by KOTSAF.
2. Payment Terms
Invoices are payable within 14 working days from invoice date unless otherwise agreed in writing.
In case of late payment, interest will automatically and without prior notice be due in accordance with the Belgian Law on Late Payments in Commercial Transactions, increased by a fixed compensation of €40 for administrative costs.
In case of late payment of any invoice, all outstanding invoices shall become immediately due and payable.
KOTSAF reserves the right to suspend deliveries in case of late payment.
3. Debt Collection & Legal Costs
In the event of late payment and transfer of the outstanding debt to a debt collection agency, collection costs will be charged with a minimum of €114.55 (excluding VAT) and shall be proportionate to the outstanding amount and in accordance with applicable law.
If the case is transferred to legal proceedings or courts, all legal, judicial, and recovery costs shall be fully borne by the debtor.
KOTSAF reserves the right to claim higher compensation if actual damages exceed the fixed amounts.
4. Retention of Title
The delivered goods remain the exclusive property of KOTSAF until full payment of the invoice amount, including any interest and costs.
5. Delivery & Transfer of Risk
Delivery shall be deemed completed upon signature of the delivery note or confirmation by the carrier.
All goods are transported at the client’s risk, even in case of free delivery, unless expressly agreed otherwise in writing.
6. Complaints & Claims
The client must inspect the goods immediately upon delivery.
Any visible defects must be reported in writing within 48 hours of delivery.
Any other complaints must be notified in writing by registered letter within 7 days of delivery.
After this period, the goods shall be deemed fully accepted.
7. Liability
KOTSAF shall not be held liable for indirect damages, loss of profit, or claims from end consumers. The client remains solely responsible for the resale and professional use of the products.
8. Returns
Returns are only accepted upon prior written approval from KOTSAF.
All costs related to the return, including transport, handling, and any associated administrative fees, shall be fully borne by the client.
Returned goods must be unused, unopened, and in their original condition.
In the event of a return, the client must also return any samples, promotional items, free goods, gifts, discounts-in-kind, or any products supplied under special offers related to the original order.
If such items are not returned, KOTSAF reserves the right to invoice their full commercial value.
9. Force Majeure
KOTSAF shall not be liable for delays or non-performance due to circumstances beyond its reasonable control.
10. Applicable Law & Jurisdiction
All contractual relations are governed exclusively by Belgian law.
Any dispute shall fall under the exclusive jurisdiction of the competent courts of Belgium.
11. Acceptance of Terms
By placing an order, the client confirms having read, understood, and unconditionally accepted these terms and conditions.
12. Modification of Terms
KOTSAF reserves the right to modify these terms and conditions at any time.