Terms and Conditions

1. General

1. These General Terms and Conditions of Sale and Delivery apply exclusively to all business relationships between TÖRNER CNC – MASCHINEN and the buyer or prospective buyer. If a framework agreement exists between the buyer and TÖRNER CNC – MASCHINEN, these General Terms and Conditions of Sale and Delivery apply to both the framework agreement and each individual order. These terms and conditions also apply to future transactions with the buyer, provided they are related legal transactions.
2. TÖRNER CNC – MASCHINEN does not recognize any conflicting or deviating terms and conditions of the buyer unless TÖRNER CNC – MASCHINEN has expressly agreed to their validity in writing. The General Terms and Conditions of Sale and Delivery of TÖRNER CNC – MASCHINEN also apply if TÖRNER CNC – MASCHINEN carries out delivery to the buyer without reservation, even with knowledge of conflicting or deviating terms and conditions of the buyer.
3. These General Terms and Conditions of Sale and Delivery form an integral part of the contract. All agreements made between TÖRNER CNC – MASCHINEN and the buyer for the execution of this contract are set forth in writing in this contract.
4. The General Terms and Conditions of Sale and Delivery of TÖRNER CNC – MASCHINEN apply only to entrepreneurs pursuant to § 310 para. 1 BGB, legal entities under public law or special funds under public law.

1. Contract Conclusion, Customer Protection

1. Offers from TÖRNER CNC – MASCHINEN are subject to change and non-binding. They may be revoked by TÖRNER CNC – MASCHINEN at any time until receipt of a written acceptance or delivery of the goods. Documents accompanying the offer, such as illustrations, drawings, and specifications of weight and dimensions, are only approximate values ​​unless expressly stated to be binding. If TÖRNER CNC – MASCHINEN provides the buyer with drawings or technical documents relating to the goods to be delivered, these remain the property of TÖRNER CNC – MASCHINEN.
2. Orders placed by the buyer are binding. Unless TÖRNER CNC – MASCHINEN provides written confirmation to the contrary, delivery or invoice serves as order confirmation. If a buyer’s order qualifies as an offer pursuant to § 145 of the German Civil Code (BGB), TÖRNER CNC – MASCHINEN may accept it within four weeks. This period begins upon placement of the order. If TÖRNER CNC – MASCHINEN delivers the goods before the end of this period, the contract is exceptionally concluded even without written order confirmation.
3. If the buyer is a merchant, the content of orders and agreements within the framework of the contract conclusion is exclusively governed by the written confirmation from TÖRNER CNC – MASCHINEN, unless the buyer objects in writing without undue delay. This applies in particular to verbal or telephone orders and agreements at the time of contract conclusion. A notification to TÖRNER CNC – MASCHINEN is no longer considered to be without undue delay if it is not received by TÖRNER CNC – MASCHINEN within seven days.
4. If a machine is not offered from stock by TÖRNER CNC – MASCHINEN and its location, including address, is disclosed to the prospective buyer, the prospective buyer is obligated not to disclose the address to third parties and not to purchase the machine, either directly or through third parties, except through TÖRNER CNC – MASCHINEN. Information provided by TÖRNER CNC – MASCHINEN regarding machine locations and prospective buyers is intended solely for the recipient and may not be disclosed to third parties without the written consent of TÖRNER CNC – MASCHINEN. Furthermore, the prospective buyer is obligated to conduct all price and contract negotiations exclusively through TÖRNER CNC – MASCHINEN. In the event of culpable breach of this agreement, the prospective buyer shall fully compensate TÖRNER CNC – MASCHINEN for the lost profit in the amount of the difference between the purchase price documented by TÖRNER CNC – MASCHINEN and the offered price. Orders, sales contracts and deliveries resulting from the verification of machinery for purchase or sale and the business relationships established thereby are considered to have been mediated by TÖRNER CNC – MASCHINEN.

III. Delivery date, scope of delivery, delivery delay

1. Delivery dates and deadlines are only considered approximate unless TÖRNER CNC – MASCHINEN has expressly provided a binding written commitment at the time of contract conclusion. The commencement of any delivery period specified by TÖRNER CNC – MASCHINEN is contingent upon the timely and proper fulfillment of the buyer’s obligations, in particular the clarification of all technical issues; otherwise, the delivery dates will be extended accordingly. The right to assert the defense of non-performance of contract remains reserved. The delivery period is considered met if, by its expiration, the delivery item has left the TÖRNER CNC – MASCHINEN factory or TÖRNER CNC – MASCHINEN has made the delivery item available for shipment and notified the buyer of its readiness for dispatch.
2. TÖRNER CNC – MASCHINEN is entitled to make partial deliveries, provided that these do not fall below the reasonable minimum.
3. The buyer must check and acknowledge the delivery note. Any objections must be reported to TÖRNER CNC – MASCHINEN immediately in writing. Otherwise, the acknowledged delivery quantity will be considered accepted.
4. The delivery period shall be extended appropriately in the event of industrial action, in particular strikes and lockouts, force majeure, official measures, failure of TÖRNER CNC – MASCHINEN’s suppliers to deliver, and the occurrence of unforeseen, unavoidable obstacles beyond TÖRNER CNC – MASCHINEN’s control, insofar as such obstacles affect the completion or delivery of the goods. This also applies if the circumstances arise at subcontractors. TÖRNER CNC – MASCHINEN will inform the buyer immediately of the beginning and end of such obstacles in important cases. Force majeure also includes industrial action, including strikes and lawful lockouts, at TÖRNER CNC – MASCHINEN’s facilities or at those of its suppliers. In these cases, the buyer’s claims for damages are excluded within the limits of Section VII (Other Liability).
5. If TÖRNER CNC – MASCHINEN is in default, the buyer must – to the extent provided by law – grant TÖRNER CNC – MASCHINEN a reasonable grace period. After the expiry of this grace period, the buyer may withdraw from the contract if the goods have not been reported as ready for shipment by that time.
6. In the event of default, TÖRNER CNC – MASCHINEN is liable in accordance with statutory provisions, provided the underlying purchase agreement is a fixed-date transaction within the meaning of Section 286 Paragraph 2 No. 4 of the German Civil Code (BGB) or within the meaning of Section 378 of the German Commercial Code (HGB). TÖRNER CNC – MASCHINEN is also liable in accordance with statutory provisions if, as a consequence of a delay in delivery for which TÖRNER CNC – MASCHINEN is responsible, the buyer is entitled to assert that its interest in further performance of the contract has ceased.
7. TÖRNER CNC – MASCHINEN is also liable in accordance with statutory provisions if the delivery delay is due to a willful or grossly negligent breach of contract attributable to TÖRNER CNC – MASCHINEN; any fault on the part of its representatives or vicarious agents is attributable to TÖRNER CNC – MASCHINEN. If the delivery delay is due to a grossly negligent breach of contract attributable to TÖRNER CNC – MASCHINEN, TÖRNER CNC – MASCHINEN’s liability for damages is limited to the foreseeable, typically occurring damage.
8. TÖRNER CNC – MASCHINEN is also liable in accordance with statutory provisions insofar as the delay in delivery for which TÖRNER CNC – MASCHINEN is responsible is based on the culpable breach of a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
9. If the buyer incurs damages due to a delivery delay caused by TÖRNER CNC – MASCHINEN, the buyer may, to the exclusion of any further claims for damages, demand compensation amounting to 0.5% for each week of delay, but not exceeding 5% of the value of the affected part of the total delivery. Further claims in the event of delivery delays, in particular claims for damages, are excluded unless otherwise stipulated in clauses 6–8 above.
10. If the buyer defaults on acceptance or culpably breaches other obligations to cooperate, TÖRNER CNC – MASCHINEN is entitled to claim compensation for the resulting damages, including any additional expenses. Further claims remain reserved. Provided the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the goods passes to the buyer at the point in time when the buyer defaults on acceptance or payment.

1. Prices, Terms of Payment

1. Prices do not include VAT, freight, customs duties, postage, packaging, insurance, or other expenses. The prices applicable to brand-new machines are those valid on the day of delivery. Packaging is charged at cost; returns are not accepted.
2. Unless otherwise agreed, invoices are due for payment immediately without deduction. Discounts are only permitted with a separate written agreement.
3. TÖRNER CNC – MASCHINEN will invoice before shipment of the goods. Delivery is only made against prepayment unless otherwise agreed. If, in a specific case, it is agreed that delivery is not to be made against prepayment, the invoice will nevertheless be issued and due if shipment of goods ready for dispatch cannot take place for reasons within the buyer’s sphere of risk.
4. If the buyer defaults on payment, the statutory rules regarding the consequences of default apply. The right to claim specific damages for default remains reserved.
5. The buyer is only entitled to set-off rights if their counterclaims have been legally established, are undisputed, or have been acknowledged by TÖRNER CNC – MASCHINEN. Furthermore, the buyer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
6. If TÖRNER CNC – MASCHINEN is obligated to perform in advance and, after conclusion of the contract, a significant risk to TÖRNER CNC – MASCHINEN’s claim for payment arises due to a substantial deterioration in the buyer’s financial circumstances, TÖRNER CNC – MASCHINEN may demand advance payment or security within a reasonable period and refuse performance until this demand is met. If the buyer refuses or the deadline expires without result, TÖRNER CNC – MASCHINEN is entitled to withdraw from the contract. TÖRNER CNC – MASCHINEN may also prohibit the resale of goods delivered under retention of title, demand their return or the transfer of direct possession at the buyer’s expense, and revoke any authorization to collect payment.
7. Transfer of risk, acceptance
8. The risk of accidental loss or accidental damage to the goods passes to the buyer upon commencement of loading or dispatch of the goods to the buyer, or upon handover to the freight forwarder, carrier, or shipping agent, at the latest upon leaving the factory/warehouse. This also applies if partial deliveries are made or if TÖRNER CNC – MASCHINEN has assumed other obligations, such as shipping costs or delivery, installation, and/or commissioning.
9. Insofar as the delivered item requires acceptance, acceptance is decisive for the transfer of risk. Acceptance must be carried out immediately on the agreed acceptance date, or alternatively, after the supplier has notified the buyer that the item is ready for acceptance, and may not be refused by the buyer merely due to the presence of a non-material defect.
10. If the goods are ready for shipment and the shipment is delayed for reasons attributable to the buyer, the risk passes to the buyer upon receipt of the notification of readiness for shipment. The same applies accordingly in the event of a delay in acceptance and notification of readiness for acceptance.
11. TÖRNER CNC – MASCHINEN is only obligated to take out transport insurance at the express request of the buyer. The buyer bears the costs.

1. Notice of defects, warranty

1. The buyer’s warranty claims are contingent upon the buyer having properly fulfilled their obligations to inspect and report defects as stipulated in Section 377 of the German Commercial Code (HGB). This obligation to inspect and report defects also extends to the assembly instructions. Complaints must be reported to TÖRNER CNC – MASCHINEN immediately in writing, and the defective parts in question must be returned to TÖRNER CNC – MASCHINEN upon request. TÖRNER CNC – MASCHINEN will bear the transport costs if the complaint is justified. If the buyer fails to comply with these obligations or makes modifications to the goods in question without the consent of TÖRNER CNC – MASCHINEN, they forfeit any warranty claims.
2. Damage in transit must be reported to the seller immediately. The buyer is responsible for handling all necessary formalities with the carrier, in particular making all necessary arrangements to preserve recourse rights against third parties. Commercially acceptable breakage, shrinkage, or similar damage that remains within reasonable limits cannot be contested.
3. When selling used products, TÖRNER CNC – MASCHINEN excludes all warranties, unless otherwise stipulated below. Used machines are delivered by TÖRNER CNC – MASCHINEN with all remaining accessories in the condition they were in at the time of purchase. Any liability for obvious and hidden defects is excluded, even if the machine was not inspected by the buyer beforehand, unless TÖRNER CNC – MASCHINEN has fraudulently concealed known defects or provided a guarantee for the condition of the item.
4. If a new item is defective, TÖRNER CNC – MASCHINEN is entitled, at its discretion, to remedy the defect by either repairing it or delivering a new, defect-free item. The buyer must always give TÖRNER CNC – MASCHINEN the opportunity to remedy the defect within a reasonable period. In the case of repair or replacement, TÖRNER CNC – MASCHINEN is obligated to bear all expenses necessary for remedying the defect, in particular transport, travel, labor, and material costs, up to the amount of the purchase price, unless these costs are increased because the item was moved to a location other than the place of performance, provided that such relocation corresponds to its intended use. However, TÖRNER CNC – MASCHINEN is only obligated to bear removal and installation costs if the conditions for liability for damages based on fault are met. If the remedy fails, the buyer is entitled, at their discretion, to demand rescission of the contract or a reduction in price. If the defect constitutes an insignificant breach of duty, the buyer can neither withdraw from the contract nor demand damages in lieu of full performance.
5. TÖRNER CNC – MASCHINEN is liable in accordance with statutory provisions if the buyer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of TÖRNER CNC – MASCHINEN’s representatives or agents. Insofar as TÖRNER CNC – MASCHINEN is not accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damages.
6. TÖRNER CNC – MASCHINEN is liable in accordance with statutory provisions if it culpably breaches a material contractual obligation; even in this case, liability for damages is limited to the foreseeable, typically occurring damage.
7. Insofar as the buyer is entitled to compensation for damages instead of performance due to a negligent breach of duty, TÖRNER CNC – MASCHINEN’s liability is limited to compensation for foreseeable, typically occurring damages.
8. Liability for culpable injury to life, body, or health remains unaffected. This also applies to mandatory liability under the Product Liability Act.
9. Unless otherwise stipulated above, liability is excluded. In particular, liability for defects is also excluded.
   • due to corrosion or normal wear and tear. The warranty specifically excludes wear and tear on consumable parts. Consumable parts include all rotating parts, all drive components, and tools. These warranty provisions are based on single-shift operation when a machine is sold.
   • in the event of damage caused by external influences, improper handling, installation or use, faulty assembly or commissioning, inadequate operation, maintenance, overloading or faulty or negligent handling by the buyer or his customers;
   • for the consequences of improper modifications or repairs carried out by the buyer without the consent of TÖRNER CNC – MASCHINEN;
   • if the buyer or his customer fails to comply with statutory or TÖRNER CNC – MASCHINEN installation and handling instructions, unless the defect is not attributable to this non-compliance.
10. If the buyer discovers a defect, they may not alter, process, or transfer the delivered item to third parties, but must grant TÖRNER CNC – MASCHINEN sufficient opportunity and time to verify the defect and, if necessary, to carry out the required remedy (rectification of the defect or delivery of a new, defect-free item); otherwise, all warranty claims are forfeited. Only in urgent cases where operational safety is at risk or to prevent disproportionately large losses, and provided TÖRNER CNC – MASCHINEN is notified immediately, does the buyer have the right to have the defect remedied themselves or by a third party and to demand reimbursement of the necessary expenses from TÖRNER CNC – MASCHINEN. Regardless of the existence of a defect, warranty claims also expire if modifications or repairs are carried out by the buyer or a third party without the authorization of TÖRNER CNC – MASCHINEN.
11. Unless otherwise agreed, the warranty period is 12 months from the date of delivery of the goods supplied by TÖRNER CNC – MASCHINEN to the buyer. This does not apply if the goods are typically used for a building and have caused the defect. If shipment is delayed through no fault of TÖRNER CNC – MASCHINEN, liability expires no later than 18 months after the goods are ready for shipment. The statutory warranty periods remain unaffected in the following cases:
    • Damages resulting from injury to life, body or health,
    • Damages resulting from an intentional or grossly negligent breach of duty by TÖRNER CNC – MASCHINEN, its legal representatives or vicarious agents.
12. The limitation period remains unaffected in the case of a supplier’s recourse claim under Sections 478 and 479 of the German Civil Code (BGB); it is five years, calculated from the date of delivery of the defective item.

1. Other Liability

1. Any further liability for damages beyond that provided for in Sections III and VI is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo (fault in contract formation), other breaches of duty, or tortious claims for compensation for property damage pursuant to Section 823 of the German Civil Code (BGB).
2. The limitation under paragraph 1 also applies if the buyer, instead of claiming damages for non-performance, demands compensation for wasted expenses.
3. To the extent that the liability of TÖRNER CNC – MASCHINEN is excluded or limited, this also applies to the personal liability of the employees, workers, staff, legal representatives and vicarious agents of TÖRNER CNC – MASCHINEN.
4. The legal regulations regarding the burden of proof remain unaffected.

VII. Retention of title, securities

1. TÖRNER CNC – MASCHINEN retains title to the delivered goods until receipt of all payments arising from the business relationship with the buyer. In the event of a breach of contract by the buyer, particularly in the case of default of payment, as well as in the event of an application for the commencement of insolvency proceedings, TÖRNER CNC – MASCHINEN is entitled to repossess the delivered goods after issuing a reminder, and the buyer is obligated to return them. Repossession of the goods by TÖRNER CNC – MASCHINEN constitutes a withdrawal from the contract. After repossession, TÖRNER CNC – MASCHINEN is authorized to sell the goods, and the proceeds of the sale, less reasonable costs of sale, will be credited against the buyer’s liabilities.
2. The buyer is obligated to treat the purchased item with care; in particular, the buyer is obligated to adequately insure it against fire, water, and theft damage at their own expense. If the buyer fails to provide TÖRNER CNC – MASCHINEN with proof of such insurance, TÖRNER CNC – MASCHINEN is entitled to take out such insurance at the buyer’s expense. If maintenance and inspection work is required, the buyer must carry it out promptly at their own expense.
3. In the event of attachments or other interventions by third parties, the buyer must immediately notify TÖRNER CNC – MASCHINEN in writing so that TÖRNER CNC – MASCHINEN can file a lawsuit pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse TÖRNER CNC – MASCHINEN for the court and out-of-court costs of a lawsuit pursuant to Section 771 of the ZPO, the buyer is liable for the resulting loss incurred by TÖRNER CNC – MASCHINEN.
4. The buyer is entitled to resell the delivered goods in the ordinary course of business. However, the buyer hereby assigns to TÖRNER CNC – MASCHINEN all claims against the customer or third parties arising from such resale, up to the amount of the final invoice total (including VAT), regardless of whether the goods subject to retention of title are resold before or after processing. The buyer remains authorized to collect these claims even after assignment. TÖRNER CNC – MASCHINEN’s right to collect the claims itself remains unaffected; however, TÖRNER CNC – MASCHINEN undertakes not to collect the claims as long as the buyer duly fulfills its payment obligations from the proceeds received, is not in default of payment, and in particular, no application for the commencement of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, TÖRNER CNC – MASCHINEN may demand that the buyer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment. If the delivered item is resold together with other goods not belonging to TÖRNER CNC – MASCHINEN, the buyer’s claim against the purchaser is considered assigned to TÖRNER CNC – MASCHINEN up to the amount of the delivery price agreed between TÖRNER CNC – MASCHINEN and the buyer.
5. The processing or transformation of goods subject to retention of title is always carried out by the buyer on behalf of TÖRNER CNC – MASCHINEN. If the goods subject to retention of title are processed together with other items not belonging to TÖRNER CNC – MASCHINEN, TÖRNER CNC – MASCHINEN acquires co-ownership of the new item in proportion to the value of the purchased goods (final invoice amount, including VAT) relative to the other processed items at the time of processing. The same provisions apply to the item created through processing as to the purchased goods delivered subject to retention of title.
6. If the purchased goods are inseparably mixed with other items not belonging to TÖRNER CNC – MASCHINEN, TÖRNER CNC – MASCHINEN acquires co-ownership of the new item in proportion to the value of the purchased goods (final invoice amount, including VAT) relative to the other mixed items at the time of mixing. If the mixing occurs in such a way that the buyer’s item is considered the principal item, it is agreed that the buyer transfers proportionate co-ownership to TÖRNER CNC – MASCHINEN. The buyer holds the resulting sole or co-ownership in trust for TÖRNER CNC – MASCHINEN. If the purchased goods are combined with other movable items to form a single item, and the other item is considered the principal item, it is agreed that the buyer transfers proportionate co-ownership to TÖRNER CNC – MASCHINEN to the extent that the principal item belongs to the buyer. The same provisions apply to the item created through processing, transformation, combination, or mixing as to the goods subject to retention of title.
7. The buyer also assigns to TÖRNER CNC – MASCHINEN any claims against third parties arising from the connection of the purchased item with real estate, as security for TÖRNER CNC – MASCHINEN’s claims against him.
8. TÖRNER CNC – MASCHINEN is entitled to demand appropriate security to ensure the proper fulfillment of the buyer’s obligations. TÖRNER CNC – MASCHINEN undertakes to release the security to which it is entitled at the buyer’s request to the extent that the realizable value of the security exceeds the secured claims by more than 10%; the selection of the security to be released is at the discretion of TÖRNER CNC – MASCHINEN.

VIII. Performance Obligation, Impossibility

1. TÖRNER CNC – MASCHINEN’s delivery obligation is subject to the condition of proper, complete, and timely delivery to TÖRNER CNC – MASCHINEN by its own suppliers. In the event of incorrect or untimely delivery by suppliers or previous owners of the goods, TÖRNER CNC – MASCHINEN is not liable for impossibility of delivery or for delivery delays for which TÖRNER CNC – MASCHINEN is not responsible. If such incorrect or untimely delivery significantly impedes or renders impossible TÖRNER CNC – MASCHINEN’s delivery and performance, and the impediment is not merely temporary, TÖRNER CNC – MASCHINEN is entitled to withdraw from the contract. If the impediment is only temporary, the delivery or performance deadlines or dates will be extended or postponed by the duration of the impediment plus a reasonable start-up period. If, as a result of the delay, acceptance of the delivery or performance is unreasonable for the buyer, the buyer may withdraw from the contract by providing immediate written notice to TÖRNER CNC – MASCHINEN.
2. If TÖRNER CNC – MASCHINEN is unable to perform its entire obligation before the transfer of risk, the buyer may withdraw from the contract. In the case of partial impossibility, the above provision applies only to the corresponding part. However, the buyer may withdraw from the entire contract in this case if they can demonstrate a legitimate interest in refusing the partial delivery.
3. If the impossibility arises during the buyer’s default of acceptance, or if the buyer is solely or predominantly responsible for the circumstance that prevents TÖRNER CNC – MASCHINEN from performing, the buyer remains obligated to perform.
4. After TÖRNER CNC – MASCHINEN withdraws from the contract or after setting a deadline with a threat of rejection, TÖRNER CNC – MASCHINEN is entitled to freely dispose of returned goods.

VIII. Performance Obligation, Impossibility

1. TÖRNER CNC – MASCHINEN’s delivery obligation is subject to the condition of proper, complete, and timely delivery to TÖRNER CNC – MASCHINEN by its own suppliers. In the event of incorrect or untimely delivery by suppliers or previous owners of the goods, TÖRNER CNC – MASCHINEN is not liable for impossibility of delivery or for delivery delays for which TÖRNER CNC – MASCHINEN is not responsible. If such incorrect or untimely delivery significantly impedes or renders impossible TÖRNER CNC – MASCHINEN’s delivery and performance, and the impediment is not merely temporary, TÖRNER CNC – MASCHINEN is entitled to withdraw from the contract. If the impediment is only temporary, the delivery or performance deadlines or dates will be extended or postponed by the duration of the impediment plus a reasonable start-up period. If, as a result of the delay, acceptance of the delivery or performance is unreasonable for the buyer, the buyer may withdraw from the contract by providing immediate written notice to TÖRNER CNC – MASCHINEN.
2. If TÖRNER CNC – MASCHINEN is unable to perform its entire obligation before the transfer of risk, the buyer may withdraw from the contract. In the case of partial impossibility, the above provision applies only to the corresponding part. However, the buyer may withdraw from the entire contract in this case if they can demonstrate a legitimate interest in refusing the partial delivery.
3. If the impossibility arises during the buyer’s default of acceptance, or if the buyer is solely or predominantly responsible for the circumstance that prevents TÖRNER CNC – MASCHINEN from performing, the buyer remains obligated to perform.
4. After TÖRNER CNC – MASCHINEN withdraws from the contract or after setting a deadline with a threat of rejection, TÖRNER CNC – MASCHINEN is entitled to freely dispose of returned goods.

1. Place of performance, jurisdiction, applicable law

1. Unless otherwise agreed in the contract, the place of performance for payment and delivery of goods is the registered office of TÖRNER CNC – MASCHINEN.
2. The exclusive place of jurisdiction for all disputes is the registered office of TÖRNER CNC – MASCHINEN, provided the buyer is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law. TÖRNER CNC – MASCHINEN is also entitled to bring legal action against the buyer at the buyer’s registered office. Furthermore, the place of jurisdiction for all claims of the contractual partners arising from the business relationship is the registered office of TÖRNER CNC – MASCHINEN if the buyer does not have a general place of jurisdiction within Germany.
3. These terms and conditions of sale and delivery, as well as the legal relationships arising from this contract between TÖRNER CNC – MASCHINEN and the buyer, are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

1. Legal validity, data protection

1. Should any provision of these General Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the remaining provisions. The statutory regulations shall apply in its place. Under no circumstances shall the provision in question in these General Terms and Conditions of Sale and Delivery be replaced by the buyer’s terms and conditions.
2. Legally relevant declarations of intent, such as notices of termination, declarations of withdrawal, requests for price reductions or claims for damages, are only effective if they are made in writing.
3. TÖRNER CNC – MASCHINEN is entitled to process and store the data obtained in connection with the business relationship about the buyer – even if this data originates from third parties – in accordance with the Federal Data Protection Act and to have it processed and stored by third parties commissioned by TÖRNER CNC – MASCHINEN.