Article 1
All contractual relations between CFN Services sprl, 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 of sale, 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 deviation from these general terms and conditions of sale shall be deemed valid without specific written confirmation from the seller.
Acceptance of any order by the seller shall be evidenced exclusively by the written confirmation of the order to the buyer or by the actual delivery of the goods.
Only those documents will be taken into consideration which allow the unequivocal identification of the signatory sender who has the power to bind his company.
The parties recognize the evidentiary value of documents exchanged electronically.
Article 2
Our offers are subject to change without notice and our prices are exclusive of VAT.
Delivery times and prices are based on the latest information provided by our suppliers and are valid fortnightly unless a different period of validity is stipulated in the offer.
After that time, they are considered null and void.
The Buyer authorises the Seller to increase the agreed total price by a maximum of 25% of the original 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) and any new taxation imposed by virtue of a legal, regional or regulatory provision.
Unless otherwise stated, prices are for goods delivered to the customer.
Article 3
Each order is the subject of a confirmation describing the practical execution methods agreed between the parties, i.e. the type of wood, dimensions, any finishing (cutting, planing, drying, ISPM15 treatment, impregnation, grooving, packaging, etc.), the unit price, delivery time, packaging, delivery address and payment terms.
In the event that the customer detects a discrepancy or error in the order confirmation, the customer is obliged to inform the seller as soon as possible and within 48 hours of dispatch at the latest.
Article 4
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 right, without prior notice of default and as from the day following the due date, default 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 renders all outstanding invoices immediately payable, irrespective of any 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 and interest, 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 expenses and technical advice) that will be incurred as a result of the late payment.
Article 5
The client acknowledges that the goods supplied remain the property of CFN Services sprl 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 buyer from the time of delivery.
In the event of a deterioration in the client's financial health, CFN Services sprl 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.
Article 6
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 to the extent of the hindrance.
Article 7
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 as a result of a case of force majeure.
he parties agree to recognise as a case of force majeure any event beyond the control of CFN Services bvba, which has the consequence of modifying or preventing compliance with the agreed conditions of sale, regardless of the place where this event occurs and for example in the following cases:
-any unpredictable and irresistible event of a political, social, financial, economic, military or other nature.
-any accident or meteorological phenomenon generally of any kind (floods, fires, road incidents, ...).
Article 8
Except in the case of 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 regarding the invoice must be communicated within five days of receipt of the invoice.
After this period, the invoice will be deemed to be in order and registered for payment.
The chosen method of communication 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 limit 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.
Article 9
The present general conditions are governed by Belgian law and any dispute or contestation will be the exclusive competence of the courts of Liège.
However, CFN Services sprl may waive the present jurisdiction clause and cite before another jurisdiction if it deems it useful.
Article 10
In the event of a dispute relating to a difference of interpretation between the language versions of these general terms and conditions, the French version shall prevail.