The general conditions of sale apply to all agreements between Coup de Feu BV (‘Coup de Feu’) and its customers. Specific terms and conditions which are in conflict with these general conditions are binding on Coup de Feu only if expressly agreed to in writing. These general conditions are considered to be accepted by the customer even if they are in conflict with the customer’s own general or specific terms and conditions. Such conditions are binding on Coup de Feu only if we expressly agree to them in writing.
1. Price lists, quotations, purchase orders
All our quotations and price lists are for information purposes only and are not binding on us. Coup de Feu reserves itself the right to change the prices without notice. Purchase orders are binding on the customer. They are binding on Coup de Feu only after our acceptance by a written order confirmation. Price lists are valid from January 1st, 2015 on. Major changes in production costs or international exchange rates can oblige us to adapt our prices. Coup de Feu also reserves the right to discontinue certain models at any time.
2. Contractual obligations
Our intermediaries, sales representatives, agents and employees have no right to bind Coup de Feu contractually. Purchase orders or commands taken by them are binding on Coup de Feu only after written confirmation by an authorised representative.
3. Delivery dates
Delivery dates are for information purposes only and are therefore not binding upon us. Unless if expressly agreed otherwise in writing, the failure to respect the delivery date shall not entitle the customer to any fine, indemnity or annulment of the purchase orders. The customer shall accept partial deliveries, which represent partial sales. A partial delivery does not entitle the customer to refuse payment of the delivered goods.
4. Price and payment
Our prices are EXW (Ex Works) and in EURO. Unless if agreed otherwise, all other costs charges and taxes, including freight and insurance are borne by the customer. Unless if expressly agreed otherwise in writing, all our invoices are due and payable in advance at our head office on our bank account. Any amount which remains unpaid at the delivery date shall automatically and without notice be subject to a late payment interest in accordance with Article 5 of the Belgian Act of 2 August 2002 against late payment in commercial transaction. In addition, an amount of 12% of the invoiced amount will be due, with a minimum of 50 EURO and a maximum of 1.500 EURO, to compensate for the nuisance and the administrative costs Coup de Feu incurred to collect the payment. If the creditworthiness of the customer is subject to judicial action, or if other identifiable events make that the correct implementation by the customer of his obligations is doubtful or impossible, Coup de Feu has a right to demand appropriate guarantees from the customer. If and as long as the customer does not provide such guarantees, Coup de Feu is entitled to annul the purchase order in whole or in part. In case of annulment of the purchase by the customer, the customer shall pay Coup de Feu an indemnity amounting to 30% of the full price of the products ordered, provided that Coup de Feu has a right to prove that the damage it actually incurred is higher.
5. Passing of title and risk
Title to the products shall pass from Coup de Feu to the customer only when Coup de Feu received payment in full (price, interests, costs and possibly indemnities). In the absence of a written agreement on the delivery terms, the risk for loss or damage of the products shall pass to the customer form the moment that the products leave our warehouse.
6. Acceptance and claims
Claims regarding our invoices must be communicated to us by registered mail within 10 days following receipt of the invoice concerned. If a customer fails to submit a claim within this period, he is deemed to have accepted the invoice. Claims for visible defects, non-conformity in quantity or quality with the purchase order must be communicated to us by registered mail within 10 days following receipt of the products and with reference to the invoice number or the delivery note. If the customer fails to submit a complaint within this period, he is deemed to have accepted the products in the condition in which they have been delivered and the complaint will no longer be taken in consideration. The customer is not entitled to suspend or delay payments in case of claims. The customer is only entitled to return products after our prior written agreement. Only undamaged goods in their original packaging can be returned and delivered free to Coup de Feu’s premises.
7. Governing law and jurisdiction
This agreement shall be governed by the laws of Belgium. The customer agrees to submit all disputes with Coup de Feu to the exclusive jurisdiction of the competent courts of Genth (Belgium). Coup de Feu can decide to introduce proceedings before any other competent court in Belgium or abroad.
8. Bank details – KBC
KBC IBAN BE90 7370 1842 8932
SWIFT / BIC KREDBEBB
9. Coup de Feu contact details
COUP DE FEU BV
t Walletje 22 A – Sectie C1
Phone: +32 9 395 00 12
Fax: +32 9 395 00 10
VAT N°: BE 0882.218.760