Terms and Conditions

1. Application

All contractual relations between CFN Services srl, Rue Jules Prégardien 15 at B-4670 Blegny, registered under company number 0821.369.175 and VAT number BE 0821.369.175 (hereinafter also referred to as the seller) and its customers are governed by these general terms and conditions, to the exclusion of the general or special terms and conditions of the customer (hereinafter also referred to as the buyer).

The seller and the buyer are hereinafter jointly referred to as the parties.

These conditions apply to all orders placed by the customer who acknowledges having read and accepted them.

No derogation from these general terms and conditions shall be deemed valid without specific and written confirmation from the seller.

Acceptance of any order by the Seller shall be evidenced exclusively by its written confirmation to the Buyer or by the actual delivery of the goods.

Only those documents shall be taken into consideration which allow the unequivocal identification of the signatory sender with the power to bind his company.

The Parties recognise the probative value of documents exchanged by electronic means.

2. Price and validity

Our offers are non-binding except for sales and our prices are exclusive of VAT.

The delivery times and prices mentioned are based on the latest information provided by our suppliers, they are valid within a fortnight unless a different period of validity is stipulated in the offer.

After this period, they are considered null and void.

The buyer authorizes the seller to increase the agreed total price up to a maximum of 25% of this initial price in accordance with the increase, between the conclusion of the sale and its execution, in the actual cost of the goods, the services necessary for the proper execution of the contract (e.g. transport) as well as any new taxation imposed by virtue of a legal, regional or regulatory provision..

Unless otherwise specified, prices are for goods delivered to the customer (Incoterms: DAP).

3. Order Confirmation

Each order is the subject of a confirmation describing the practical methods of execution agreed between the parties, i.e. the type of wood, the dimensions, any finishing (cutting, planing, drying, ISPM15 treatment, impregnation, grooving, packaging, etc.), the unit price, the delivery time, the packing, the delivery address and the payment terms.

In the event that the customer detects a discrepancy or error in the order confirmation, he is required to inform the seller as soon as possible and within 48 hours of shipment at the latest.

4. Payment

Unless otherwise stipulated, all our invoices are payable in Euro in accordance with the terms of payment and bank details mentioned on each document.

In the event of non-payment of invoices on the due date, the buyer shall owe the seller, by operation of law, without prior notice of default and from the day following the due date, late payment interest at the legal rate applicable in commercial transactions, with a minimum of €150 for costs generally of any kind.

Failure to pay an invoice on the due date shall render all outstanding invoices immediately payable, irrespective of the payment facilities previously granted.

In the event of unjustified non-payment of an invoice on the due date, a lump sum of 15% of the invoice amount with a minimum of €250 will be due to the seller by way of damages, without prior notice of default.

In accordance with article 6 of the law of 02 August 2002, the customer shall compensate the seller for all relevant collection costs (including lawyers' fees and costs for technical advice) that will be incurred as a result of late payment.

5. Ownership Clause

The client acknowledges that the delivered goods remain the property of CFN Services srl until effective payment of the full price in principal and accessories.

However, the risks associated with their storage and/or use are transferred to the purchaser as from the time of delivery.

In the event of a deterioration in the financial health of the client, CFN Services srl reserves the right to demand guarantees from the client deemed sufficient for the execution of the commitments made, even after partial execution of a contract. These guarantees may take the form of a modification of the terms of payment initially agreed or the payment of advance payments.

6. Delivery

Unforeseen costs (handling, storage, transport, etc.) relating to the impossibility of unloading at the customer's premises due to an undisclosed hindrance at least two days before the loading of the goods will be charged to the customer up to the amount due.

7. Force majeure

No action whatsoever (in particular for damages) may be brought against the seller when the latter is unable to meet one or more obligations arising from the contract of sale due to a case of force majeure.

The parties agree to recognise as a case of force majeure any event beyond the control of CFN Services srl, which has the consequence of modifying or preventing compliance with the agreed conditions, regardless of the place where this event occurs and for example, in the following cases:

  • any unforeseeable and irresistible event of a political, social, financial, economic, military or other nature.
  • any accident or meteorological phenomenon of any kind (floods, fires, road incidents, ...).

8. Claims

But for hidden defects, any complaint relating to the goods supplied must, on pain of nullity, be communicated within 48 hours following the date of delivery of the goods in question as reported on the transport document (CMR) or the delivery note.

Any complaint relating to invoicing must be communicated within five days of receipt of the invoice.

After this period, the invoice will be considered as conforming and registered for payment.

The method of communication chosen must make it possible to establish the date on which the complaint was lodged without any possible discussion.

The lack of conformity notified by the customer within the time limits and according to the terms and conditions determined shall give rise, after agreement between the parties, either to replacement by conforming goods or to an appropriate adjustment of the price.

9. Applicable laws

The present general conditions are governed by Belgian law and any dispute or contestation will be the exclusive competence of the courts of Liège.

CFN Services srl may, however, waive this attribution of competence clause and cite in another jurisdiction if it deems it useful.

10. language versions

In the event of a dispute relating to a difference of interpretation between the language versions of these general terms and conditions, the French language version shall prevail.