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General Terms and Conditions of Delivery Effective as of July 1, 2026

1. General Provisions

  1. These terms of delivery apply to all contracts, deliveries and other services, including any advisory services that are not the subject of a separate advisory agreement, unless amended or excluded with the Seller‘s express written consent. They apply to contracts concluded with customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) or legal entities under public law or special funds under public law. Farmers engaged in agriculture as a main or secondary occupation who derive income from that activity are not consumers within the meaning of the law.
  2. The Buyer‘s terms do not become part of the contract, even if the Seller does not object to them again and renders the delivery/service owed under the contract without reservation. Agreements deviating from these terms should be included in the order confirmation.

2. Offer and Scope of Delivery

  1. The Seller‘s offers are always subject to change without notice. Documents belonging to the offer, such as illustrations, drawings, weight and dimension specifications, are only approximate unless expressly designated as binding. Performance figures are stated as average values. The Seller reserves ownership and copyright in cost estimates, drawings and other documents; they may not be made accessible to third parties.
  2. All agreements made between Seller and Buyer must be recorded in text form in the respective delivery contract. This also applies to side agreements and assurances.

    Design and shape changes / Changes to Scope of Performance:
    • If a component specified in the contract (e.g. axles) cannot be delivered by the intended supplier, or only with an unreasonable delay, the Seller may replace it with a technically equivalent component from another manufacturer.
    • A component is technically equivalent if it corresponds to the originally intended component in function, load-bearing capacity and eligibility for approval;
    • insignificant deviations in brand or appearance resulting from this do not constitute a defect.
    • The Seller shall inform the Buyer of the change in text form. If the change is, exceptionally, unreasonable for the Buyer, the Buyer may object within two weeks of receipt of the notice; in this case, both parties are entitled to withdraw from the contract.
  3. Insofar as import licences or other approvals are required in the country of destination, the Buyer must state their number, date of approval and period of validity when placing the order.

3. Price and Payment

  1. Unless otherwise agreed, prices apply ex the Seller‘s warehouse or, in the case of dispatch from the manufacturing plant, ex works, exclusive of packaging. Prices are exclusive of value added tax at the applicable rate. If it is contractually agreed that delivery is to take place later than four months after conclusion of the contract, and if, after conclusion of the contract and before delivery, the material, labour or transport costs relevant to the Seller increase by more than 5% in total compared to the position at conclusion of the contract, the Seller is entitled to adjust the agreed price proportionately to the extent of the cost increase. The price increase may not exceed 15% of the originally agreed net total price. If the announced price adjustment exceeds 5%, the Buyer may withdraw from the contract within two weeks of receipt of the notice in text form.

    Fuel Costs, Transport Costs and Diesel Surcharge:
  2. Insofar as stated in the offer or in the order confirmation, freight costs consist of a fixed basic transport price and a variable diesel or energy surcharge. The reference value for the diesel or energy surcharge is the reference index of the German Federal Association for Road Haulage, Logistics and Disposal (BGL) or a comparable, generally accessible reference index at the time the contract is concluded.
  3. If this reference index changes by more than 5% upwards or downwards before delivery, the Seller may adjust the diesel or energy surcharge in the same percentage proportion and shall notify the Buyer of the adjustment in text form.

    If the adjustment of the diesel or energy surcharge results in an increase of the total net freight remuneration owed of more than 20 % compared to the amount agreed at conclusion of the contract, the Buyer may withdraw from the contract within two weeks of receipt of the notice in text form, insofar as the contract has not yet been fully performed.
  4. Unless otherwise agreed, payment is due upon delivery or provision and receipt of the invoice, without any deduction, within 12 days, free to the Seller‘s paying agent. The Buyer‘s rights of retention under Section 320 BGB remain unaffected by this. Cash discount commitments apply only if the Buyer is not in arrears with payment for earlier deliveries.
  5. Set-off against any counterclaims of the Buyer disputed by the Seller or not finally established is not permitted. The Buyer may only assert a right of retention insofar as it is based on claims arising from the purchase contract. If a notice of defects is asserted, the Buyer‘s payments may be withheld to an extent that is reasonably proportionate to the defects that have occurred.
  6. Payments may only be made to employees of the Seller if they can present valid authority to collect payment.

4. Delivery Periods and Delay

  1. Correct and timely self-supply is reserved.
  2. The delivery period is extended to the extent customary in the industry in the event of measures taken as part of lawful industrial action, in particular strikes and lockouts, and upon the occurrence of unforeseen obstacles that lie outside the Seller‘s sphere of influence or that of its vicarious agents, insofar as such obstacles are demonstrably relevant to the delivery of the item sold.
  3. The same applies if the Seller itself is not supplied in time. The Seller is entitled to withdraw from the contract if the manufacturer does not supply it. However, this does not apply if the Seller is responsible for the non-delivery (e.g. delay in payment).
  4. Compliance with the delivery period presupposes fulfilment of the Buyer‘s contractual obligations.
  5. The Seller shall not be liable for deliveries delayed or not made (impossibility) due to the fault of its upstream supplier, except in the case of fault in selection or supervision. The first sentence does not apply if the relationship between Seller and Buyer is governed by the law of contracts for work. In any case, the Seller is obliged to hold the Buyer harmless insofar as the Buyer is unable to fully enforce the claims assigned to it against the supplier.
  6. In addition to the statutory period under Section 286 (3) BGB and a reminder, the Seller may also put the Buyer in default by means of a payment deadline determinable by the calendar, deviating from the payment term under clause 3.3, within the meaning of Section 286 (2) BGB.

5. Transfer of Risk and Transport

  1. Unless otherwise agreed, the shipping route and means are left to the Seller‘s discretion.
  2. If dispatch is delayed due to circumstances for which the Buyer is responsible, the risk passes to the Buyer from the day the item is offered for handover. However, the Seller is obliged, at the Buyer‘s request and expense, to take out the insurance the Buyer requests.
  3. Partial deliveries are permissible insofar as this is reasonable for the Buyer.

6. Retention of Title

  1. The Seller retains ownership until full payment of all claims arising from the business relationship with the Buyer.
  2. The Buyer is obliged to handle the purchased item with care, to protect it against interference by third parties and — if this is agreed in writing, an extended payment term is granted, or it is a financed purchase — to insure it without delay against fire, theft and water damage at replacement value and to provide evidence of this on request; otherwise the Seller is entitled to take out such insurance itself at the Buyer‘s expense. The Buyer undertakes to assign any compensation claims to the Seller.
  3. The Buyer may not pledge the purchased item or assign it as security without the Seller‘s consent. The Buyer is obliged to notify the Seller immediately in writing of any seizure or other interference by third parties, so that the Seller can bring an action under Section § 771 ZPO. Insofar as the third party is not able to reimburse the Seller for the judicial and extrajudicial costs of an action under Section § 771 ZPO, the Buyer is obliged to compensate the costs.
  4. The Buyer is entitled to resell the goods in the ordinary course of business. However, the Buyer already now assigns to the Seller all claims in the amount of the final invoice amount (including value added tax) of the Seller arising from the resale against its customers or third parties, irrespective of whether the purchased item has been resold without or after modification. The Buyer is also authorised to collect these claims after assignment. The Seller‘s right to collect the claims itself remains unaffected; however, the Seller undertakes not to collect the claims as long as the Buyer duly meets its payment obligations. Otherwise, the Seller may require the Buyer to disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and notify the debtor of the assignment.
  5. Insofar as a vehicle registration document has been issued for the purchased item, the Seller has the sole right to possession of the vehicle registration document for the duration of the retention of title.
  6. In the event of conduct by the Buyer in breach of contract, in particular in the event of default in payment, the Seller is entitled, after a reminder and declaration of withdrawal, to take back the goods, and the Buyer is obliged to surrender them.
  7. The Buyer bears all costs of taking back and realising the purchased item. The realisation costs amount, without proof, to 10% of the realisation proceeds including value added tax. They are to be set higher or lower if the Seller proves higher, or the Buyer proves lower, costs. The proceeds are credited to the Buyer after deduction of the costs and other claims of the Seller connected with the purchase contract.
  8. If the value of the existing security exceeds the secured claims by more than 20 % in total, the Seller is obliged, at the customer‘s request, to release security to that extent, at the Seller‘s discretion.

7. Notice of Defects and Liability for Defects

  1. All parts that prove to be unusable, or whose usability is not insignificantly impaired, as a result of a circumstance existing prior to the transfer of risk — in particular due to defective design, poor materials or defective workmanship — shall be repaired free of charge or supplied anew. The choice in this respect lies with the Seller. Replaced parts become the property of the Seller. If the entire item purchased is exchanged by way of subsequent performance, the Seller is entitled to unrestricted compensation for use from the Buyer for the item taken back. Compensation for use is based on the average rental costs for the item that would have been incurred during the period of use.
  2. The Buyer‘s right to assert claims for defects lapses, for new items sold, 12 months from the transfer of risk. For used items sold, the Buyer is only entitled to claims for defects if this has been expressly agreed with the Seller in writing.
  3. No warranty is assumed for damage arising from the following causes: unsuitable or improper use, defective assembly or commissioning by the Buyer or third parties, neglected maintenance work where this is customary and/or recommended by the manufacturer, normal wear and tear — in particular of wearing parts —, faulty or negligent handling, unsuitable operating materials, substitute materials, chemical, electronic or electrical influences, insofar as these are not attributable to fault on the part of the Seller.
  4. Claims for defects in respect of replacement parts and repairs lapse after 12 months.
  5. Liability for the consequences of modifications or repair work carried out improperly by the Buyer or third parties without the Seller‘s prior approval is excluded.

8. Limitation of Liability — Damages

The Seller‘s liability is governed by the statutory provisions. However, it is excluded — regardless of the legal ground — insofar as there is a non-material breach of duty that was committed neither intentionally nor through gross negligence. This does not apply insofar as damage to life, body or health has occurred, or insofar as liability insurance cover exists for the benefit of the Seller. In this case, the Seller assigns its claim against the insurer to the Buyer.

9. Place of Performance, Jurisdiction, Applicable Law

  1. The place of performance and the exclusive place of jurisdiction for deliveries and payments, as well as for all disputes arising between the parties from the contractual relationship, shall be the registered office of the seller, provided that both contracting parties are merchants within the meaning of the German Commercial Code (HGB) or legal entities under public law or special funds under public law (§ 38 German Code of Civil Procedure – ZPO). Otherwise, the statutory provisions shall apply.
  2. The relations between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany, to the exclusion of the CISG (UN Convention on Contracts for the International Sale of Goods).

10. Data Protection

The Seller‘s current data protection provisions are available on the website at www.krampe.de/en/privacy-policy and become part of the contract.

11. Social Media Competitions

Participation in social media competitions is subject to the Seller‘s respective current terms of participation, available at 
www.krampe.de/en/conditions-of-participation-social-media-competition

This translation of the General Terms and Conditions of Delivery is provided for information purposes only. Only the German version of the General Terms and Conditions of Delivery is legally binding and authoritative. In the event of any discrepancies, contradictions, or questions of interpretation between the German version and this translation, the German version shall prevail.