General Terms and Conditions of Sale
Refrigeration Services — Installation, Maintenance and Repairs
Last updated: August 2025
1. Definitions
For the purposes of these GTC:
- Client: the natural or legal person placing an order with ENTHALPIC.
- Products: refrigeration equipment, cold rooms, air conditioning systems, spare parts, accessories and associated components.
- Services: studies, consultancy, installation, commissioning, training, maintenance and any ancillary services.
- Parties: ENTHALPIC and the Client.
- SLA (Service Level Agreement): agreed service level for maintenance services.
- GTC: this document.
2. Purpose and scope
2.1 These GTC govern all offers, orders and contracts concluded between ENTHALPIC and the Client, unless expressly agreed otherwise in advance.
2.2 Any conflicting conditions set by the Client shall not be binding unless formally accepted in writing by ENTHALPIC.
3. Contract formation and acceptance
3.1 The offer is valid within the acceptance period indicated. After this period, ENTHALPIC reserves the right to amend it.
3.2 The Client's order constitutes unconditional acceptance of the prices and descriptions set out in the offer.
3.3 Acceptance is evidenced by handwritten or electronic signature, or by written confirmation (email) of the purchase order.
4. Orders and specifications
4.1 Orders are firm and irrevocable upon receipt by ENTHALPIC.
4.2 The Client undertakes to provide all information and plans necessary for the performance of the Services. ENTHALPIC reserves the right to suspend performance in the absence of such information.
4.3 Any modification requested after validation may result in adjustment of deadlines and prices.
5. Prices and invoicing terms
5.1 Prices are expressed in euros (€), exclusive of VAT and ancillary costs.
5.2 Transport, installation, customs and specific insurance costs are invoiced separately and detailed on the invoice.
5.3 Prices are fixed for the validity period of the offer, unless an express price revision clause applies.
6. Payment terms
6.1 Unless otherwise agreed in writing, payment is due in full upon invoicing. For projects exceeding €2,000 excluding VAT, a payment schedule may be agreed (deposit on order, balance on receipt).
- 30% on order,
- 60% on delivery of Products,
- 10% on effective commissioning.
6.2 Payment term: 30 days end of month from the invoice date.
6.3 Any late payment shall automatically and without prior notice give rise to the application of late payment interest equal to the legal interest rate plus 5 percentage points (§ 5, Belgian Code of Economic Law), as well as a fixed compensation of €40 for recovery costs (Article D. 441-5 of the Commercial Code). For consumers, this compensation is set at €10.
6.4 ENTHALPIC reserves the right to request any financial guarantee or to require additional deposits.
7. Late payment and financial guarantees
7.1 In the event of total or partial non-payment by the due date, ENTHALPIC may suspend all orders in progress and/or terminate contracts as of right after a formal notice has remained unsuccessful for 15 working days.
7.2 The Client authorises ENTHALPIC to set off any mutual debts without recourse to legal proceedings.
8. Delivery, installation and acceptance
8.1 Delivery and installation times are indicative. ENTHALPIC endeavours to meet them, subject to availability of equipment and compliant site access.
8.2 In the event of significant delay attributable to ENTHALPIC, the Parties shall agree in good faith on an appropriate solution (postponement, goodwill gesture, etc.).
8.3 The Client undertakes to ensure access, electrical supply, tools and site compliance with applicable standards.
8.4 A provisional acceptance, recorded in a signed report confirming apparent conformity, shall be carried out upon completion of the installation.
9. Price revision
9.1 Unless otherwise agreed, prices may be revised based on changes in the construction cost index (ICC) or the Belgian NSCCDT index.
9.2 The price variation, whether upward or downward, is calculated using the following formula: Revised price = Initial price × (1 + (I₂ − I₁)/I₁), limited to a variation of ± 10%.
10. Transfer of ownership and transfer of risk
10.1 Ownership of the Products remains with ENTHALPIC until full payment of the price, in accordance with Articles 1583 et seq. of the Belgian Civil Code.
10.2 Risk is transferred to the Client upon making the Products available at the agreed location or to the carrier, even if transport is handled by ENTHALPIC.
11. Warranties and exclusions of liability
11.1 Legal warranty of conformity and hidden defects
- 2 years for consumers (Articles L. 217-4 et seq. of the Consumer Code),
- 1 year for professionals.
11.2 Contractual warranty
Extended to defects of conformity and hidden defects, as specified in the purchase order. Repairs or replacements are carried out at ENTHALPIC's expense.
11.3 Notification of defects
Warranty claims must be notified in writing within 15 days of discovery of the defects, accompanied by a detailed report and an inspection report.
11.4 Limitation of liability
ENTHALPIC shall not be held liable for indirect damages such as loss of production, revenue or data.
12. Maintenance, support and SLA
12.1 ENTHALPIC offers annual maintenance contracts, including preventive visits, repairs, supply of parts and labour.
12.2 Service levels (SLA)
- Response time: 72 working hours (subject to availability of parts),
- Target availability rate: 90% per year.
12.3 SLA non-compliance
In the event of failure to meet service levels, ENTHALPIC undertakes to inform the Client as soon as possible and to agree on an appropriate solution.
13. Force majeure
13.1 Force majeure events are defined as any external, unforeseeable, irresistible event beyond the control of the Parties: natural disaster, war, riot, general strike, shortage, interruption of transport or energy supply.
13.2 The obligations of the Parties are suspended for the duration of the force majeure event.
14. Personal data protection (GDPR)
14.1 ENTHALPIC, as data controller, collects and processes Client data in accordance with Regulation (EU) 2016/679.
14.2 Purposes: order management, invoicing, relationship management and service improvement.
14.3 Retention period: 10 years from case closure.
14.4 Client rights: access, rectification, erasure, restriction, portability, objection. Exercise these rights by contacting the DPO: [email protected].
14.5 For more information, please consult the Privacy Policy.
15. Mediation and dispute resolution
15.1 Before any legal proceedings, the Parties undertake to seek mediation through the Brussels Mediation Centre.
15.2 Failing agreement within 3 months, any dispute shall, unless otherwise agreed, be submitted to the Commercial Court of Namur.
16. General provisions
16.1 If any clause of these GTC is held to be void, the remaining clauses shall remain fully applicable.
16.2 Any amendment to these GTC shall be the subject of a written addendum signed by the Parties.
16.3 Language of these GTC: French. In the event of translation, only the French version shall prevail.
Contact details
Enthalpic SRL
Rue de Maibelle, 21
5100 Jambes, Belgium
Company number: 1027.638.883
VAT: BE 1027.638.883
Email: [email protected]
Telephone: +32 10 87 82 54