Terms of Service General

Conditions of sale and delivery of the company Turmfalke Sägen und Messer, Remscheid

1. Orders are only accepted and executed by us under the following conditions. Other conditions are only binding if we have confirmed them in writing.

2. Our offers are non-binding. In the order to us included prices are valid only with our order confirmation as agreed. Our prices are ex works including packaging, unless otherwise agreed. Dimensions and weights, technical data and illustrations are not binding and can be changed without prior notice. Special orders require a written additional agreement.

3. Delivery times specified in the offer are not binding. Liability only occurs with our order confirmation. In the case of delivery delay without fault our liability is excluded. Unleashed is a delivery delay, if u.a. force majeure, war, riots, strikes or lockouts as well as delayed deliveries by our suppliers beyond our control. A deterioration in the asset or liquidity position of the purchaser that has become known to us entitles us to withdraw from the contract.

4. The delivered goods remain our property until the receipt of all payments from the business relationship with the customer. The customer is, as long as he is not in default or in financial difficulties for sale in the proper trade in goods. If he sells the goods in our conditional ownership, the claims arising from the sale are already assigned to us. Without it in the case of the sale of an explicit confirmation. If the delivered goods are combined with other objects not belonging to us for a delivery, we acquire the co-ownership of the new thing in relation of the value of the purchased object to the other processed objects at the time of the connection. The same applies to the goods resulting from the connection as to the goods delivered under reserve. In the case of garnishment or other interventions by third parties, the customer must notify us immediately in writing. If the customer is in default of payment of an invoice, we are entitled to reclaim all goods not yet paid for and to use them. The proceeds of the sale shall be credited against the liabilities of the purchaser minus reasonable realization costs. We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is our responsibility.

5. Our invoices are to be paid within 15 days from date of invoice for non-resident gross merchandise without deductions. Excluded from this are sales via ebay to traders and private individuals. These are payable in advance or other payment methods that are specified. A discount requires written confirmation from Kestrel Saw and Knife.

6. Defects are only recognized by us if they are asserted in writing without delay, but at the latest within 10 days after receipt of the goods. Defects recognized by us shall be regulated at our discretion either by repair, replacement, conversion or reduction. Further claims of the purchaser, in particular damages for non-performance or consequential damages are excluded.

7. There is a statutory 14-day right of withdrawal granted. During this time, the product must not be damaged or used. If the product has been used, an appropriate depreciation has to be determined.

8. When using the right of withdrawal, the shipping costs are taken over at a value of less than 100 euros by the buyer. This excludes the return of merchandise complaints, which are completely taken over by kestrel saws and knives.

9. The personal injury caused by the saws and knives or other damage caused by the products, kestrel knife and saws accepts no liability.

10. Should one of the provisions in these terms and conditions or a provision in the context of other agreements be or become ineffective, the validity of all other provisions of these terms and conditions shall not be affected. The parties shall replace an ineffective provision with an effective provision that comes as close as possible to the economic effect.