Terms and Conditions (T&C) of STRACK NORMA GmbH & Co. KG
1. Scope of Application
These Terms and Conditions (T&C) apply to all business transactions with entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as the ‘Customer’).
2. Exclusive Validity of These T&C
Only these T&C of STRACK NORMA GmbH & Co. KG (‘STRACK’) shall apply. Any terms and conditions of the Customer shall apply only if STRACK has expressly agreed to them in writing.
3. Reservation of Self‑Supply
STRACK is entitled to withdraw from the contract if STRACK does not receive the delivery item despite having previously concluded a purchase contract. STRACK shall inform the Customer without undue delay of the unavailability and, if exercising the right of withdrawal, immediately reimburse any consideration already paid.
4. Prices
4.1 The agreed prices are fixed prices and exclude VAT, customs duties, freight, postage, insurance and packaging; these costs will be invoiced separately.
4.2 Minimum order value: €50 (EU), €350 (non‑EU).
4.3 Packaging and transport insurance shall be invoiced separately per shipment.
4.4 The prices stated in the order confirmation or the valid price list at the time of contract conclusion apply.
4.5 If essential cost factors (labour, material, exchange rates) change significantly after the order confirmation and before delivery, the parties shall agree on an appropriate price adjustment.
5. Dispatch by STRACK
5.1 Delivery shall be made EXW (Incoterms® 2020). STRACK shall make the goods available properly packaged for transport at the agreed time. The place of performance is STRACK’s dispatch area.
5.2 Delivery dates and deadlines are non‑binding unless expressly agreed. The date of STRACK’s order confirmation is decisive for deadlines. For timely fulfilment, the handover to the carrier at the place of performance is decisive.
5.3 Modifications requested by the Customer after technical approval and production start constitute a new assignment; previously agreed delivery dates and prices are no longer binding. STRACK reserves the right to make corresponding adjustments.
5.4 Returns are handled in accordance with STRACK’s return guidelines, available at: https://www.strack.de/en/links/service/returns-guideline/
6. Terms of Payment
6.1 Payment shall be made in EURO immediately upon delivery and receipt of invoice without deduction unless otherwise agreed.
6.2 In the event of default, the Customer shall pay interest on the outstanding amount at a rate of 9 percentage points above the base interest rate applicable at the time the default occurs, pursuant to § 247 BGB.
6.3 The place of performance for all payments is STRACK’s registered office. Payment shall be made via bank transfer unless otherwise agreed.
6.4 Incoming payments shall be applied first to the oldest due claim in accordance with § 366(2) BGB.
6A. Enforcement of Claims and Payment Default
6A.1 If the Customer is in default
with respect to any claim, STRACK may declare all other outstanding claims immediately due and payable.
6A.2 The Customer shall bear all reasonable fees, costs and expenses incurred by STRACK or any third party in connection with a successful debt collection action conducted outside Germany.
7. Retention of Title
7.1 STRACK retains title to all goods delivered until full payment of all outstanding claims has been made. All deliveries shall be deemed part of a single continuous commercial transaction. In the case of a current account relationship, the retention of title shall secure the balance claim. At the Customer’s request, STRACK shall release securities to the extent that the value of such securities exceeds the secured claims by more than 10%.
7.2 The Customer shall be entitled, in the ordinary course of business, to process or transform the goods (‘Processing’). Processing shall be carried out on behalf of STRACK. If the value of the goods belonging to STRACK is less than the value of goods not belonging to STRACK, STRACK shall acquire (co ) ownership of the new product in proportion to the invoice value of STRACK’s goods to the value of the other processed goods at the time of processing. Where STRACK does not acquire ownership under the above provisions, the Customer hereby grants STRACK (co ) ownership of the new product in the same proportion. The foregoing shall apply mutatis mutandis in the event of inseparable mixing or combining of the goods with goods not owned by STRACK. The Customer shall safeguard STRACK’s (co ) ownership with the care of a prudent merchant.
7.3 In the event of resale of the goods or the new product, the Customer hereby assigns to STRACK, by way of security and without any further declaration being required, all resulting claims against its purchaser, including all ancillary rights and any balance claims, up to the amount of STRACK’s invoice value. The portion of the claim assigned to STRACK shall be satisfied with priority.
7.4 If the Customer incorporates the goods or the new product into real property, the Customer hereby assigns to STRACK, without any further declaration being required, the claim accruing to it as remuneration for such incorporation up to the amount of STRACK’s invoice value.
7.5 Until revoked, the Customer shall be authorised to collect the claims assigned to STRACK pursuant to this clause. The Customer shall immediately forward to STRACK any payments received up to the amount of STRACK’s secured claim. Where justified interests exist — in particular in cases of default in payment, suspension of payments, initiation of insolvency proceedings, protest of a bill of exchange, or indications of over indebtedness or impending insolvency — STRACK may revoke the Customer’s collection authority. STRACK may, after prior warning and expiry of a reasonable period, disclose the assignment, collect the claims directly, and require the Customer to notify its debtors of the assignment.
7.6 Upon demonstration of a legitimate interest, the Customer shall provide STRACK with all information and documents required for enforcing STRACK’s rights against the Customer’s purchasers.
7.7 The Customer shall not pledge the goods or assign them by way of security while the retention of title is in effect. In the event of seizures, confiscations or other third party interventions, the Customer shall notify STRACK without undue delay. Resale of the goods or new products shall be permitted only to resellers in the ordinary course of business and only under the condition that ownership shall pass to the purchaser only upon payment of the purchase price. The Customer shall impose this condition upon its purchaser.
7.8 Where the realisable value of all securities granted to STRACK exceeds the total amount of secured claims by more than 10%, STRACK shall, upon the Customer’s request, release securities to that extent. It shall be presumed that this threshold is met if the estimated value of STRACK’s securities reaches or exceeds 150% of the value of the secured claims. STRACK shall be entitled to choose which securities to release.
7.9 In cases of breach of duty by the Customer — particularly in the event of default in payment — STRACK shall be entitled to demand the return of the goods or the new product and to withdraw from the contract without the need to set a deadline. The Customer shall be obliged to surrender the goods.
A demand for the return of the goods shall not constitute a declaration of withdrawal unless expressly stated by STRACK.
8. Notification of Defects
8.1 The Customer shall inspect the delivered goods immediately upon receipt and shall notify STRACK in writing of any defects without undue delay.
8.2 The Customer shall report any obvious defects — including visible damage to the packaging or the goods, or discrepancies between the goods delivered and the delivery note or order documentation — no later than three (3) working days after receipt of the goods. Dispatch of the notice within this period shall be sufficient for compliance with the deadline. Latent defects shall be notified without undue delay, and in any event within three (3) working days after their discovery. The defects shall be described in writing and in as much detail as reasonably possible.
8.3 If a defect notified by the Customer is found — following inspection by STRACK — not to exist, and if the Customer knew or, due to negligence, failed to know that no defect existed, the Customer shall compensate STRACK for the losses resulting therefrom. The Customer shall remain entitled to demonstrate that the reported defect did in fact exist.
8.4 Within the scope of the foregoing provisions, STRACK shall in particular be entitled to demand reimbursement of expenses incurred in connection with the inspection of the goods or with repair measures requested by the Customer.
9. Warranty Claims
9.1 Unless expressly agreed otherwise, the Customer’s warranty rights shall be governed by the statutory provisions.
9.2 No warranty shall apply in particular to cases of improper or inappropriate use, faulty installation or commissioning by the Customer or third parties, natural wear and tear, improper or negligent handling, improper or insufficient maintenance, unsuitable operating materials, defective construction work, unsuitable ground conditions, or chemical, electrochemical or electrical effects.
9.3 Warranty claims shall furthermore not exist in cases of only minor deviations from the agreed quality or only minor impairments of usability.
9.4 The warranty period shall be 12 months from the transfer of risk.
10. Limitation of Liability
10.1 STRACK shall be liable, in accordance with statutory provisions, only in cases of intent or gross negligence on the part of STRACK or its legal representatives or vicarious agents, or in cases of culpable injury to life, body or health. In cases of gross negligence, liability shall be limited to the foreseeable damage typical for the contract, unless one of the exceptional circumstances set out above applies. Beyond this, STRACK shall be liable only under the German Product Liability Act up to an amount of EUR 5 million, for culpable breach of material contractual obligations, for fraudulent concealment of defects, or where STRACK has assumed a guarantee for the quality of the goods. In cases of culpable breach of material contractual obligations, the Customer’s claim for damages shall likewise be limited to the foreseeable damage typical for the contract, unless one of the exceptional circumstances referred to in sentence 1 applies.
10.2 The above provisions of clause 10.1 apply to all claims for damages, irrespective of their legal basis — including claims for damages in addition to performance or in lieu of performance, claims arising from breach of contractual duties or tort, and claims for reimbursement of futile expenses. Liability for delay shall be governed by clause 11, and liability in cases of impossibility by clause 12.
10.3 No shift in the burden of proof to the detriment of the Customer shall occur.
11. Liability in the Event of Delay
11.1 If STRACK is unable to meet deadlines due to force majeure — including, for example, mobilization, war, civil unrest, a global pandemic, or other events not attributable to STRACK, such as strikes or lockouts — the relevant deadlines shall be extended by the duration of such event and its effects.
11.2 In the event of delay in performance, STRACK shall be liable, in accordance with statutory provisions, only in cases of intent or gross negligence on the part of STRACK or its legal representatives or vicarious agents, or in cases of culpable injury to life, body, or health. In all other cases of delay, the Customer’s claims for damages whether for damages in addition to performance or in lieu of performance (including reimbursement of futile expenses) shall be limited to the foreseeable damage typical for the contract. Any further claims of the Customer arising from delay — including after expiry of any grace period set by STRACK, are excluded. This limitation shall not apply in cases of culpable breach of material contractual obligations. In such cases, however, the Customer’s claim for damages shall likewise be limited to the foreseeable damage typical for the contract, unless one of the exceptional circumstances set out in the first sentence applies.
12. Liability in the Event of Impossibility
If performance becomes impossible, STRACK shall be liable, in accordance with statutory provisions, only in cases of intent or gross negligence on the part of STRACK or its legal representatives or vicarious agents, or in cases of culpable injury to life, body or health.
In all other cases of impossibility, the Customer’s claims for damages — whether for damages in lieu of performance or in addition to performance, including claims for reimbursement of futile expenses — shall be limited to the foreseeable damage typical for the contract.
Any further claims of the Customer arising from impossibility of performance — including after expiry of any grace period set by STRACK — are excluded.
This limitation shall not apply in cases of culpable breach of material contractual obligations. In such cases, however, the Customer’s claim for damages shall likewise be limited to the foreseeable damage typical for the contract, unless one of the exceptional circumstances referred to in the first sentence applies.
13. Governing Law and Jurisdiction
13.1 All legal relations between STRACK and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany applicable to domestic parties, excluding the conflict of law rules of private international law and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 The exclusive place of jurisdiction shall be the court having local and substantive jurisdiction at the registered office of STRACK. STRACK shall, however, be entitled to bring an action at the Customer’s principal place of business.
13.3 The authentic contractual language is German.
14. Assignment and Set-Off Restrictions
14.1 The Customer may assign claims arising out of this contract only with STRACK’s prior consent.
14.2 The Customer may set off only such claims that are undisputed or have been finally adjudicated.
14.3 The exercise of rights of retention as well as the assertion of set off by the Customer shall be permitted only with counterclaims that are undisputed, finally adjudicated, or ripe for adjudication. A right of retention may be exercised only if it arises from the same contractual relationship.
15. Final Provisions
15.1 The parties shall confirm any oral agreements in writing without undue delay and in full detail.
15.2 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity and enforceability of the remaining provisions. The Customer undertakes to cooperate with STRACK in agreeing upon a valid and enforceable replacement provision that is suitable for the purpose of the order and for safeguarding the mutual interests of the parties. § 139 BGB shall not apply.
Version date: 03/2026