1.     Validity of the conditions

These General Terms and Conditions apply to all purchase contracts concluded by entrepreneurs (§ 14 BGB) with Wolfgang Tinsel Werkzeuge + Maschinen, Heinkelstraße 19, 73614 Schorndorf (hereinafter “Tinsel”, ‘we’ or “us”). Separate terms and conditions apply to consumers (§ 13 BGB). In addition to these terms and conditions, our privacy policy (available at https://rohrbiegetechnik.com/privacy) applies.

Our deliveries, services and offers are made exclusively on the basis of the following terms and conditions. These terms and conditions shall be made available to the buyer in text form prior to the submission of his contractual offer and shall only apply if the buyer does not object to their inclusion. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services, unless the buyer expressly objects to them beforehand. Counter-confirmations by the buyer with reference to his terms and conditions of business or purchase are hereby rejected. Deviations from these terms and conditions shall only be effective if we have confirmed the deviations in writing. 

2.     Offers

Our offers are non-binding in every respect. The catalog and offer illustrations are binding for the execution with the proviso that we reserve the right to change the design, dimensions and weights. An order shall not be legally effective for us until it has been confirmed by us in writing. Any addition, amendment or subsidiary agreement shall only be valid after our written confirmation. Revocation of an order placed with us is also excluded if it has not been confirmed by us in writing.

3.     Delivery

Delivery shall be ex warehouse or ex works. The risk for the ordered goods shall pass to the buyer as soon as they leave our or our supplier's business premises. If dispatch is delayed through no fault of our own or our supplier's, the risk shall pass to the buyer on the day on which the goods are ready for dispatch. Transport insurance, which we generally take out, shall be at the expense of the purchaser. Exemption from transportation insurance shall only apply if requested by the buyer in writing no later than 3 working days before dispatch. A replacement delivery for goods damaged in transit shall only be made against payment.

4.     Delivery time

The delivery times stated by us are always non-binding, but will be adhered to to the best of our ability. Partial deliveries are permissible. If the delivery is delayed through no fault of ours or our supplier, the buyer is not entitled to withdraw from the contract and/or demand compensation. This also applies to cases of force majeure, in particular strikes, lockouts, official measures, transportation difficulties, as well as disruptions in our operations or the operations of our suppliers. In such cases, our delivery time shall be extended accordingly; we shall also be entitled to withdraw from the contract in whole or in part without being obliged to pay compensation.

5.     Liability for defects

The warranty period for manufacturing and material defects in the products supplied by us is 6 months for mechanical parts and 90 days for electronic parts. The warranty period begins with the transfer of risk. It is at our discretion to replace the entire machine or parts thereof if the machine has become unusable under normal use as a result of material or design defects. If our operating and maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not comply with the original specifications, all warranties are void. The costs for the assembly of replaced parts of a machine and any set-up of the same shall be borne by the purchaser. The buyer must notify our customer service department in writing of any defects without delay, but at the latest within one week of receipt of the delivery item. Defects that cannot be discovered within this period, even after careful inspection, must be reported in writing immediately after discovery. In the case of deliveries of tools, the notification of defects must be made in writing within one week of receipt of the delivery item. Delayed notifications of defects can no longer be taken into account. Defective tools shall be replaced free of charge within the scope of the warranty obligation, provided that the defect has not been caused by carelessness, incorrect handling or natural wear and tear and the tool has not been reworked either by the customer or by another party. Replaced parts and tools shall become our property. Any liability for defects shall lapse for delivery parts that are subject to natural wear and tear due to their nature or the way they are used. For tools that are machine parts, such as dies, press molds, knives, punches and for parts directly exposed to fire in ovens or similar, any warranty is void. Any warranty claim against us is excluded as long as the buyer is in arrears with a payment, even if it is only an installment. The expiry of the warranty period is not affected by this.

6.      Return of tools

Returns of tools are generally excluded. However, if a return (but only of catalog goods) is necessary, the delivery bill or invoice number must be stated, otherwise we will not be able to issue a credit note.

7.     Second-hand machines

are sold as viewed. Warranty claims are absolutely excluded, therefore a detailed inspection is recommended before purchase.

8.     Prices

Unless otherwise agreed, our prices are ex warehouse or ex works excluding packaging, which is charged at cost price and cannot be returned. If price increases occur between conclusion of the order and delivery, our list prices existing on the day of delivery shall be invoiced.

9.     Terms of payment

Unless otherwise agreed, our invoices are payable immediately after invoicing without deduction. We are entitled to offset payments against older debts first, despite the buyer's stipulations to the contrary. If costs and interest have already been incurred, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance. A payment shall only be deemed to have been made when we can dispose of the amount. In the event that checks and bills of exchange are presented, payment shall not be deemed to have been made until the checks and bills of exchange have been honored. If the seller defaults on payment, we shall be entitled to charge interest from the relevant date at the rate charged by the commercial banks for open overdraft facilities, but at least 4% above the respective interest rate of the Deutsche Bundesbank plus the statutory value added tax. If the buyer does not meet his payment obligations, in particular if a check or bill of exchange is not honored or if he ceases payment, or if we become aware of other circumstances that call the buyer's creditworthiness into question, we are entitled to declare the entire remaining debt due, even if checks or bills of exchange have been accepted. In this case, we are also entitled to demand advance payments or security. The buyer is only entitled to offset, withhold or reduce payment, even if complaints or counterclaims are asserted, if we have expressly agreed to this in writing or if the counterclaims have been legally established. We shall not be obliged to make any further deliveries or provide any guarantee services under a contract already concluded or to be concluded in the future before payment of invoice amounts due, including interest on arrears.

10.  Retention of title

 Until all claims (including balances) to which we are entitled against the buyer on any legal grounds now or in the future have been satisfied, we shall be granted the following securities, which we shall release on request at your discretion, provided that the value of the securities exceeds the claims by more than 20% on a sustained basis. The same applies to refinancing bills (reverse bills of exchange). The goods shall remain our property; processing or transformation shall always be carried out for us as the manufacturer, but without any obligation on our part. If our (co-)ownership expires due to combination, it is hereby agreed that the buyer's (co-)ownership of the uniform item shall be transferred to us in proportion to its value (invoice value). The Buyer shall keep the (joint) property for us free of charge. Goods to which we have (co-)ownership rights are hereinafter referred to as reserved goods. The Buyer is not entitled to sell reserved goods without our prior written consent. Pledges or transfers by way of security are not permitted. By way of security, the purchaser hereby assigns to us in full any claims arising from the resale or any other legal grounds (insurance, tort) in respect of the reserved goods. We revocably authorize the buyer to collect the claims assigned to us for our account in his own name. Upon request, the buyer shall disclose the assignment and provide the necessary information and documentation. In the event of seizure of the reserved goods by third parties, the purchaser shall draw attention to our ownership and inform us immediately. Costs and damages shall be borne by the buyer. If the Buyer acts in breach of contract - in particular in the event of default of payment - we shall be entitled to take back the goods subject to retention of title at the Buyer's expense or, if necessary, to demand assignment of the Buyer's claims for restitution against third parties. The repossession and seizure of the reserved goods by us shall not constitute a withdrawal from the contract, insofar as the Instalment Purchase Act does not apply. In the event of a breach of the above obligations by the Buyer, the Buyer shall pay a contractual penalty in the amount of 10% of the invoice value of the object of purchase for each case of non-compliance, without prejudice to our rights to compensation.

11.  Non-transferability of contractual rights

The buyer is not entitled to transfer the rights arising from contracts concluded with us to third parties without our express written consent.

12.  Applicable law, place of jurisdiction

The law of the Federal Republic of Germany shall apply exclusively to these terms and conditions and all legal relationships between us and the purchaser. The place of performance is Schorndorf. If the purchaser is a registered trader, a legal entity under public law or a special fund under public law, the local court of Schorndorf or the regional court of Stuttgart shall be agreed as the place of jurisdiction for any disputes arising from the contracts and related legal relationships for both parties, at our discretion. We shall also have the right to choose with regard to the subject matter jurisdiction with the proviso that the legal dispute can also be brought before the district court if the district court has subject matter jurisdiction. If the buyer is not a registered trader and at the same time has no general place of jurisdiction in Germany, the above agreement on the place of jurisdiction shall also apply. If the buyer is not a registered trader and moves his domicile or usual place of residence out of the territory of the Federal Republic of Germany after conclusion of the contract, or if his domicile or usual place of residence is unknown, the above agreement on the place of jurisdiction shall also apply.

13.  Partial invalidity

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. An invalid provision shall be replaced by a valid provision which realizes the economic purpose pursued with it as far as possible.

As of June 2021