Terms and Conditions

1. PURCHASE OF PRODUCTS

(a) The terms set forth herein shall govern the sale and delivery of the tools and other products (collectively “Products”) sold by Rennsteig Tools, Inc. (“Seller”) and purchased by the purchaser (“Purchaser”).

(b) Prices of Products are subject to change without notice, and all references in sales brochures, technical data sheets and offers on this website or otherwise as to size, weight, and other details of the Products are approximate only. No such term shall be binding on Seller unless expressly incorporated in a purchase order which is approved and accepted by Seller in accordance with the terms hereof. In the event that a Product is mistakenly listed at an incorrect price or with other incorrect information, Seller reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or based on incorrect product information. In addition, Seller is not responsible for any inability to fulfill orders due to reasons beyond our control. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seller shall issue a credit to your credit card account in the amount charged.

(c) An order placed by Purchaser shall become effective only upon the subsequent confirmation (Order Confirmation) by Seller that such order has been accepted.

(d) Seller’s acceptance of any order placed by Purchaser is dependent on Seller’s prior approval of Purchaser’s credit. Before any order is accepted or fulfilled, Seller may demand assurances of Purchaser’s ability to pay by requesting such trade or banking references or such other information as deemed adequate by Seller.

1.1 MINIMUM BILLING

The minimum acceptable order is $40 excluding any freight charges. For all orders under $40, a $10 charge will be automatically added to the invoice.

1.2 CANCELLATIONS

Cancellation of an order for standard merchandise will be accepted without penalty, prior to shipment. Cancellation of an order for non-standard merchandise will not be accepted once item is in production or shipped.

2. DELIVERY

(a) Unless separate arrangements have been agreed upon in writing with Purchaser to the contrary, the terms of delivery are F.O.B. Seller’s loading dock. Seller will use commercially reasonable efforts to make the Products available for pick-up and delivery by Purchaser within a reasonable time after acceptance of an order from Purchaser, or, if Purchaser so specifies, to place the Products with a common carrier at Purchaser’s expense for delivery to Purchaser. Statements to delivery or fulfillment times are approximate.

(a.a) For all shipments deviating from the standard shipping procedure, for example drop shipments, blind shipments or shipping on customer freight account, the supplier reserves the right to charge a $3.50 fee for packaging and handling on each order.

(b) Purchaser bears the risk of loss or destruction of the Products upon and after the first to occur of (i) pick-up or acceptance of the Products by Purchaser or its common carrier at Seller’s place of business, or (ii) five (5) days after confirmation from Seller that the Products are ready for pick-up at Seller’s place of business.

(c) If Seller is required to store the Products due to any delay caused by Purchaser, Purchaser shall reimburse Seller for reasonable storage charges.

(c.c) If Purchaser fails to accept delivery or pick up a serviced product within 180 days of the shipping date / pick up date, Seller will consider the property abandoned and has the right to sell, dispose of, or use any such products in any way it chooses.

(d) Seller reserves the right to make the Products available for pick-up and delivery in installments provided that such installment shall not be less than one product unit, unless otherwise expressly confirmed in a written communication to the contrary by Seller. Delay in delivery of any installment shall not relieve Purchaser of its obligation to accept remaining deliveries.

3. RETURNS

Return of Merchandise: Only current and not customized products will be accepted for return. All returns must be factory authorized and Rennsteig Tools, Inc, must issue a Return Material Authorization (RMA), prior to shipping. Returns will be shipped at buyer’s expense. The RMA number can be obtained by mailing Customer Service: This email address is being protected from spambots. You need JavaScript enabled to view it.. We will not be responsible for, nor guarantee credit or replacement on, any product returned to Rennsteig Tools, Inc., without prior authorization. Under no circumstances will we accept collect shipments. PRODUCTS RETURNED MUST BE RECEIVED BY Rennsteig Tools, Inc. IN RE-SALEABLE CONDITION. PRODUCT THAT CANNOT GO BACK TO STOCK AS RECEIVED WILL NOT BE ACCEPTED. Please securely pack the product and write the RMA number on the outside of the shipping box, not the product box.

Restocking Charge: All returns are subject to a restocking charge of 15% of net price.

Repacking Charge: A minimum repacking fee of 35% of current net price will be charged for all returned product requiring repackaging. Specific items may require additional charges.

4. FORCE MAJEURE

Notwithstanding anything to the contrary, Seller shall not be liable for any delay or failure to perform hereunder when such failure or delay is, directly or indirectly, caused by, or in any manner arises from fire, floods, accidents, civil unrest, acts of God, war, acts of terrorism, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, breakage of machinery or apparatus, transportation delays, or any other cause or causes (whether or not similar in nature to any of those hereinbefore specified) beyond its control.

5. WARRANTIES AND CLAIMS

You will find our warranties and claims under the following link: Warranties and Claims.

6. PAYMENT

(a) Unless otherwise expressly agreed upon in writing, payment shall be made in full at the time of purchase unless Purchaser has been notified by Seller that Seller has extended Purchaser credit terms, in which case payment shall be due upon Seller’s invoice.

(b) Purchaser shall not withhold, reduce or offset payments on account of complaints, claims, or counterclaims not acknowledged and accepted by Seller.

(c) Until payment in full or an applicable order, Seller shall retain a purchase money security interest in the Products sold under such order, and Purchaser hereby grants a security interest to Seller for such Products as security for payment of amounts due with respect to such applicable order.

7. DEFAULT

(a) Purchaser shall be in default (hereinafter “Default”) under these Terms of Sale and Seller may thereupon exercise all remedies in law or in equity if Purchaser: (i) fails to make payment hereunder to Seller when due; (ii) breaches any other term, provision or condition contained in these Terms of Sale; or (iii) is declared to be in default under any other agreement between Purchaser and Seller, and if in any of the foregoing cases set out in (i), (ii) or (iii), Purchaser fails to cure any said breach or default within ten (10) days following written notice thereof from Seller

(b) Upon the occurrence of a Default, Seller may elect to exercise any one or more of the following options:

i. Seller may hold the Products until such time as Purchaser has paid the respective purchase price and any expenses (including finance charges, returned check fees and interest determined at a rate equal to the lower of ten percent (10%) per annum or the maximum rate permitted by applicable law incurred by Seller as a consequence of such default.

ii. Seller may sell the Products to a third party and require Purchaser to reimburse Seller for any losses, or expenses associated therewith.

iii. Seller may require payment in cash prior to delivery of any Products hereunder.

iv. Seller may withhold any Products not delivered to Purchaser at the time of the default.

v. Seller may terminate fulfillment of the applicable order.

vi. Seller may exercise all other rights hereunder and may seek all other remedies available to it in law or in equity.

(c) Purchaser agrees that, in the event any legal action should be deemed necessary by Seller to recover any sums due hereunder or under any promissory note, trade acceptance, or invoice, or, if applicable, to recover possession of the Products, as defined hereinabove, or any proceeds from the sales thereof, there shall be added to the sums due from Purchaser to Seller the costs of collection, including reasonable attorney’s fees.

(d) When reasonable grounds for insecurity arise with respect to Purchaser’s performance, Seller may in writing demand assurance of due performance and until it receives such assurance may suspend any performance for which it has not already received payment.

8. ARBITRATION

Any controversy or claim arising out of or relating to an order that is subject to these Terms of Sale, or the breach hereof, shall be submitted to and be finally resolved by arbitration, to be conducted by the American Arbitration Association (“AAA”), with such
arbitration to be held in the city where Seller maintains its principal place of business in the United States, in accordance with the
AAA’s Commercial Arbitration Rules then in effect. Each party hereby irrevocably agrees that service of process, summons, notices, as other communications related to the arbitration procedures shall be deemed served and accepted by the other party five (5) working days after having been mailed by first class certified mail, return receipt requested, postage prepaid, to the other party, or if actually received by the other party. The arbitration shall be conducted by one (1) arbitrator, as selected by the AAA. Any award or decision rendered in such arbitration shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction if necessary. Except as may be provided to the contrary herein, each party hereto shall pay any and all expenses incurred by such party in connection with such arbitration proceeding, unless otherwise determined by the arbitrator.

9. MISCELLANEOUS

(a) Purchaser may not assign its obligations or rights under an order or these Terms of Sale without the express prior written consent of Seller.

(b) These Terms of Sale and the applicable order constitute the entire agreement between Seller and Purchaser with respect to the subject matter herein contained and all prior agreements and communications between Seller and Purchaser, whether oral or written, concerning an applicable order are superseded by these Terms of Sale.

(c) No modification, limitation, waiver or discharge of these Terms of Sale or of any of its terms shall bind Seller unless in writing and signed by a duly authorized employee of Seller. The failure of Seller to insist, in one or more instances, on performance by Purchaser in strict compliance with the terms and conditions hereof shall not be deemed a waiver or relinquishment of any right granted hereunder with respect to any succeeding breach of the same or other provision hereof.

(d) All notices required hereunder shall be in writing and sent by first class mail or by telefax or written confirmation to such addresses as are notified to one another by Seller and Purchaser pursuant to an order or an order confirmation.

(e) These Terms of Sale shall be governed by, and construed, interpreted and enforced under the laws of the State of [Georgia], without giving effect to the conflict of laws principles.

(f) In connection with any litigation, including appellate proceedings, arising out of or pertaining to any of the contractual relationships between Seller and Purchaser or the breach thereof, as contemplated herein, all costs and expenses, including reasonable attorneys fees, shall be borne by the losing party or, as the case may be, shall be prorated to properly reflect any partial losing or prevailing of the parties to such litigation.

(g) In case any conditions of these Terms of Sale should be or become unenforceable under applicable law, the remaining provisions, stipulations and conditions of these Terms of Sale shall not be affected thereby.

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