Terms & Conditions

Part 1 – General provisions

§ 1 General – Scope of Application

1. Our terms and conditions apply exclusively; We do not recognise any terms and conditions of the customer that are contrary to or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery/service to the customer without reservation in knowledge of the customer’s terms and conditions that conflict with or deviate from our terms and conditions.
2. In addition to the relevant DIN/EN/ISO standards, additional contractual conditions result in particular from the applicable Technical Guidelines for the Glazier Trade (Verlagsanstalt Handwerk GmbH), which can be requested under www.vh-buchshop.de/glas.html, the guidelines of the Federal Association of Flat Glass, which can be requested under www.bundesverband-flachglas.de, as well as from our currently valid price lists.
3. These terms and conditions only apply to those mentioned in § 310 (1) BGB.
4. The provisions listed in Part II shall also apply to contracts for work and supply of works.

 

§ 2 Offer – Offer Documents

1. Our offers are always subject to change. Orders only become binding for us when they are confirmed by us in writing. In the case of immediate delivery, the delivery note or the goods invoice shall also be deemed to be an order confirmation.
2. We reserve property rights, copyrights and other property rights to illustrations, drawings, calculations and other documents. This applies in particular to such written documents that are designated as “confidential”. Before they are passed on to third parties, the customer requires our express written consent.
3. Unless otherwise agreed, the documents belonging to the offer, such as illustrations, drawings, calculations, weight, consumption and dimensions, are only approximate if deviations are customary in the trade or for technical reasons and, in particular, are attributable to material properties and tolerances. This also applies to technical changes and improvements that do not change the external appearance or functionality. Unless otherwise agreed, samples and samples are also only approximate examples of quality, dimensions and colours.
4. Information in offers, product information and advertising material shall not be deemed to be a quality agreement or guarantee of quality or durability, unless we expressly state this in writing. We can only assume a guarantee for technical information from third-party manufacturers if special agreement is made.
5. If the offer is prepared on the basis of documents from the customer, these documents are only binding if they are referred to in the offer.
6. If we have to perform according to drawings, models, samples or using parts provided by the customer, the customer is responsible for ensuring that this does not infringe the intellectual property rights of third parties. The customer indemnifies us against claims by third parties due to infringement of intellectual property rights and compensates us for the damage incurred as well as costs and expenses.
7. Requests of the customer regarding subsequent changes or cancellation of an order can only be taken into account on the basis of a special agreement and only as long as production, processing or cutting has not yet begun.

 

§ 3 Prices – Terms of Payment

1. Unless otherwise stated in the order confirmation, our prices are in Euro (€) ex works, excluding packaging.
2. VAT is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing.
3. Glass prices are exclusive of tolls and the applicable energy surcharge of the glass industry at the time of delivery/service.
4. We have taken out transport breakage insurance for all our deliveries. For this purpose, we charge a lump sum of 1.3% of the net invoice amount for each invoice.
5. If the delivery/service is not to take place until four months after the conclusion of the contract or later, the contracting parties undertake to renegotiate the prices if a factor relevant to the pricing changes.
6. Unless otherwise stated in the Order Confirmation, the purchase price is due for payment net (without deduction) within thirty (30) days from the date of invoice. The legal rules regarding the consequences of late payment apply.
7. Payments in the so-called cheque-bill procedure always require a special agreement. Credits for bills of exchange and cheques are made minus the expenses with the value date of the day on which we can dispose of the equivalent value. Otherwise, cheques and bills of exchange are only accepted on account of performance and subject to return at any time.
8. If, after the conclusion of the contract, we become aware of facts which, according to due commercial judgement, lead to the conclusion that the purchase price claim is endangered by the customer’s lack of ability to pay, we are entitled to demand advance payment or corresponding securities from the customer, at the customer’s discretion, and to withdraw from the contract in the event of refusal.
9. In addition, we are entitled to withhold our performance as long as the customer does not fulfill his obligations to us under this contract, another contract or any other legal reason.
10. Receivables of the affiliated companies of the Schollglas Group in accordance with §§ 15 et seq. of the German Stock Corporation Act (AktG) may be offset against all claims of the customer, regardless of the legal grounds, even if the receivables are due at different times.
11. The customer is only entitled to rights of set-off if his counterclaims have been legally established, undisputed or acknowledged by us. He is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. In all other respects, payments due to defects and other complaints may only be withheld to an appropriate extent.

 

§ 4 Delivery and performance time

1. The start of the delivery time specified by us requires the prior clarification of all (processing) technical questions, the receipt of materials to be provided by the customer, a down payment if any, as well as the submission of all necessary permits and approvals.
2. Delivery dates or deadlines are met as far as possible. Unless otherwise agreed, they are non-binding information. Our contractual obligations are also subject to our own proper and timely delivery by our upstream suppliers.
3. Partial services or partial deliveries are permissible to a reasonable extent for the customer and can be invoiced by us. We are also entitled to demand an appropriate amount of advance payments if our delivery/service is delayed beyond the agreed period through no fault of our own.
4. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses.
5. An execution or delivery period shall be extended appropriately – even during the delay – in the event of force majeure or any other unforeseen event for which we are not responsible, in particular operational disruptions, failures of production facilities, business interruptions due to a shortage of raw materials or energy or official interventions. This also applies if such an event occurs at our upstream suppliers or subcontractors. We inform the customer immediately of the beginning and end of such obstacles. If the delivery/service is delayed by more than one month due to the occurrence of force majeure or any other unforeseen event, both we and the customer are entitled to withdraw from the contract.

 

§ 5 Shipping – Transfer of Risk – Packaging

1. Unless otherwise stated in the order confirmation, delivery ex works has been agreed. With the handover of the goods to the carrier – regardless of who has commissioned him – the risk passes to the customer, unless otherwise agreed. This also applies to partial and postage deliveries.In the case of deliveries with our vehicles, the risk is transferred as soon as the goods are made available on the wagon at the contractually agreed delivery point. If, at the reasonable discretion of the supplier, the local conditions do not permit access to or parking at the agreed delivery point and/or if, at the reasonable discretion of the supplier, the access road is not passable or not without danger to the goods to be delivered, the handover and transfer of risk shall take place where a safe start-up and departure or parking of the vehicle is guaranteed. If the customer is not willing to receive the goods at this location, he is in default of acceptance. We expressly reserve the right to assert all additional costs and expenses that we incur as a result, in particular costs for repeated journeys. In this context, we would like to point out that trucks may be used for deliveries with our vehicles, possibly in conjunction with trailers/semi-trailers, which can reach a total weight of up to forty (40) tons. For delivery by crane vehicles, the weight is at least 26 tons. It must be ensured that the agreed delivery point, as well as the arrival and departure routes, are suitable for parking these vehicles or driving on them. Crane work is only possible if there is sufficient slewing space for the crane boom. In order to avoid delays, in case of doubt, we ask you to consult in good time in advance of delivery.
2. The unloading of the delivered goods is the sole responsibility of the customer, unless otherwise agreed between the parties. If the customer does not have the personnel required for unloading and the necessary unloading equipment, we are entitled to charge for the waiting times. If the customer requests assistance with unloading, including by providing unloading equipment, we can also charge the customer for this expense, provided that the measure is feasible for us. Notwithstanding this, there is no legal obligation on our part to assist with unloading. We are only liable for damage caused by our personnel during unloading, both to the delivered goods and to other legal interests, in the event of intentional or grossly negligent action. This shall not apply to the extent that the damage consists of injury to life, limb or health.
3. Reusable packaging, in particular glass transport racks, is only made available to the customer on loan. With regard to reusable racks supplied by us, reference is made to the special conditions for the delivery of goods with reusable racks (as of July 2013), which become part of every contract. They are sent on request and can be accessed on the Internet at www.schollglas.com. Disposable packaging becomes the property of the customer.

 

§ 6 Shipping – Transfer of Risk – Packaging

1. Due to the special properties of our products, the customer is obliged to immediately and carefully inspect the goods delivered by us. The inspection after delivery must always take place before use, processing, installation or resale. Defects must be reported in writing immediately, at the latest within 3 working days. In all other respects, Section 377 of the German Commercial Code (HGB) applies.
2. Deviations in dimensions, thicknesses, weights or colour tints as well as in the wire structure caused by production or cutting do not constitute a defect, provided that the tolerances customary in the industry are not exceeded. This applies in particular in the event that the functional properties are not impaired.
3. The following technical-physical phenomena are considered to be contractually agreed target properties:– In the case of toughened glass, roller waves are to be expected, which are technically unavoidable;– condensation on the outer surfaces of multi-pane insulating glass, as well as slight, production-related deformations
   of the spacer;– in the case of nickel-sulfide inclusions in toughened glass, even after a hot storage test
   has been carried out,do not rule out a very low residual risk of spontaneous breakage;– optical phenomena in multi-pane insulating glass (e.g. interference) and toughened glass (e.g.
   Anisotropies (iridation));– distortions of the external mirror image (“insulating glass effect”) in insulating glass;– suspension points in toughened glass, bending scars in curved glass;– wettability of glass surfaces due to moisture;– rattling noises in the case of rungs;– slight colour deviations may occur in screen-printed glass, unless screen printing is carried out in a
   single production process (batch). The customer is therefore obliged to inform us if he needs the glass from
   a batch in order to achieve a uniform appearance;– in the case of lead and brass glazing provided by the customer, contamination may occur due to the cleaning agents of the
   art glazing.
4. Knowledge of the physical behavior and properties of our products in accordance with the respective state of the art is assumed on the part of the customer. We do not accept any liability for damage caused by improper or improper use, incorrect assembly, application, commissioning, alteration or repair, incorrect or negligent handling or natural wear and tear not carried out by us and/or without our consent.
5. The necessary compatibility test of all materials used is the responsibility of the customer. In particular, we are not liable in the event of incompatibility of our products with silicones as well as adhesives and sealants, unless the use of certain silicones, adhesives or sealants has been expressly approved by us.
6. We are not liable for disregard of our applicable system descriptions, product data sheets and glazing guidelines, which we are happy to provide on request and which can be accessed on the Internet at www.schollglas.com, as well as for disregard of manufacturer guidelines and specifications from relevant ABZ and test certificates.
7. The customer is obliged to give us the opportunity to determine the defect complained of on site or, at our request, to provide the complained object or sample thereof. In the event of transport or breakage, the goods must be left in the condition in which they were when the defect was detected. If any defects are only discovered during processing, the work must be stopped immediately and the unopened original containers that have not yet been processed must be secured. They are to be made available to us on request.
8. If there is evidence of a defect in the purchased item, the customer is entitled to demand subsequent performance in the form of remedy of defects or delivery of a new defect-free item. We are entitled to choose between the two possible forms of supplementary performance described.
9. If the subsequent performance fails three ( 3 ) times or if it is impossible, the customer is entitled to demand withdrawal or reduction at his discretion. In the case of minor defects, however, withdrawal is excluded.
10. The statutory provisions apply to the recall of the customer against us as a supplier.
11. The limitation period for claims for defects is twelve (12) months, calculated from the transfer of risk; the limitation periods of § 479 BGB, § 438 (1) no. 2 BGB and § 634a (1) no. 2 BGB remain unaffected.
12. The provisions of this paragraph shall not apply if we have fraudulently concealed the defect or have expressly assumed a guarantee of quality. In these cases, the customer’s claims are governed by the statutory provisions.

 

§ 7 Warranty in case of condensate

1. For a period of five ( 5 ) years, calculated from the date of delivery, we guarantee our first customers that the transparency of GEWE-therm® insulating glass units under normal conditions will not be impaired by the formation of condensation on the pane surfaces to the space between the panes under normal conditions when used in the field of building construction.
2. The customer is only entitled to rights under the above-mentioned warranty if he immediately informs us of the relevant circumstances, complies with the glazing guidelines for insulating glass, no changes have been made to the panes and/or the edge seal has not been damaged.
3. The warranty does not apply to curved insulating glass, to the installation of insulating glass units in means of transport and freezers, and to special combinations.
4. If the first customer or another customer exports insulating glass units to the EU or beyond, this guarantee only applies if this has been expressly confirmed by us in writing.

 

§ 8 Liability

1. In cases of contractual and non-contractual liability, regardless of the legal grounds, we will only pay damages or reimbursement of futile expenses in accordance with the following provisions. This does not involve a change in the burden of proof to the detriment of the customer.– We are only liable for direct damages; liability for indirect and consequential damages is excluded.– In the event of gross negligence or culpable breach of essential contractual obligations, liability is
   limited to the foreseeable, typically occurring damage. Essential contractual obligations are
   those whose fulfilment makes the proper execution of the contract possible in the first place and on whose
   – In the event of simple negligence, we are not liable, unless it is a violation of essential
   contractual obligations.– Fault on the part of our representatives and vicarious agents is attributable to us. Insofar as liability for damages against us
   is excluded or limited, this also applies with regard to the personal liability of our
   employees, employees, representatives and vicarious agents.– The above limitations of liability do not apply to liability arising from intent, guaranteed
   characteristics, to claims of the customer under the Product Liability Act and in the event of injury to life,
   body or health.
2. Claims for damages by our customer generally expire within twelve (12) months from the statutory start of the limitation period. However, if we, our legal representatives or vicarious agents are at fault for injuries to life, limb or health, the statutory limitation periods apply to the customer’s claims for damages. The same applies if we, our legal representatives or vicarious agents have acted intentionally or with gross negligence.

 

§ 9 Retention of Title

1. We reserve ownership of the purchased item until receipt of full payment of the purchase price. In the event of breach of contract by the customer, we are entitled to take back the purchased item after setting a reasonable period of time. All costs resulting from the return must be borne by the customer. The repossession or seizure of the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to recycle it; the proceeds of the realisation are to be offset against the liabilities of the customer – less reasonable realisation costs.
2. The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them at his own expense against fire, water and theft damage sufficiently at replacement value. If maintenance and inspection work is necessary, the customer must carry them out in good time at his own expense.
3. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs incurred in this context, the customer shall be liable for this.
4. The customer is entitled to resell the purchased item in the ordinary course of business; as a precautionary measure, he assigns to us all claims arising from the resale against his customers or third parties, regardless of whether the purchased item has been resold without or after processing, in the amount of the gross invoice amount of our claim; we hereby accept the assignment. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received in accordance with the agreement and, in particular, no application for the opening of settlement, insolvency or comparable proceedings has been filed against him. If this is the case, we can demand that the customer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
5. The processing, mixing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed or inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (gross invoice amount) to the other processed or mixed items at the time of processing or mixing. The same applies to the item resulting from processing as to the purchased item delivered under reservation. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is deemed to have been agreed that the customer transfers co-ownership to us on a pro rata basis; we hereby accept the transfer. The customer keeps the resulting sole or co-ownership for us.
6. The customer assigns to us by way of security the claims that arise against a third party as a result of the connection of the purchased item with a piece of land. If the goods subject to retention of title are in our co-ownership, the assignment extends to the amount corresponding to the share value of the co-ownership.
7. We undertake to release the collateral to which we are entitled to the extent that the realizable value of our collateral exceeds the receivables to be secured by more than ten (10)%; the selection of the securities to be released is up to us.

§ 10 Assignment

1. The customer can only assign his rights under this contract to insurers without our consent and only to the extent that they pay for the damage asserted against the customer. Section 354a of the German Commercial Code remains unaffected.

 

§ 11 Data protection

1. We refer to our privacy policy, which you can view at www.schollglas.com.

 

§ 12 Place of jurisdiction – place of performance

1. If the customer belongs to the group of those named in § 310 para. 1 BGB, our place of jurisdiction is our place of jurisdiction; however, we are also entitled to sue the customer in his court of residence.
2. The law of the Federal Republic of Germany shall apply to the exclusion of its conflict of law provisions; the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
3. Unless otherwise stated in the order confirmation, our place of performance is our place of performance.

Part 2 – Special provisions for contracts for the supply of works and works

For contracts for work and services and contracts for the supply of work, the following provisions are part of the contract in the following order, unless sales law provisions and thus Part I of these General Terms and Conditions are directly or mutatis mutandis applicable:

– Our General Terms and Conditions Part II

– Our special terms and conditions for automatic doors, glazing and bonding

– Further relevant technical regulations, in addition to § 1 ( 2 )

1. Errors in the documents provided by the customer are at the expense of the customer if they are not recognizable in the course of an inspection.
2. Our prices are for an uninterrupted processing of the services to be provided by us during normal working hours. Unless otherwise agreed in the contract, the additional costs will be charged for overtime, night, Sunday and holiday hours as well as work under unforeseen difficult conditions at the request of the customer. This also applies if additional services not listed in the offer are to be provided at the request of the customer. The offers include necessary hand armor. All other armaments are to be provided free of charge on site according to our information, unless otherwise agreed.
3. Payment of the invoice amount is made without deduction. Invoice amounts of up to 500 euros are payable immediately, advance payments within twelve (12) working days of receipt.
4. Claims arising from a warranty of the respective manufacturer that goes beyond our warranty, e.g. for multi-pane insulating glass, are passed on to the customer. In the case of delivery of replacement lenses, the remaining term of the original warranty applies.
5. With regard to the materials and components supplied by us that cannot be installed due to failure to perform advance services on time or other circumstances for which the customer is responsible, the risk shall pass to the customer as soon as he has been placed in default of acceptance.
6. If the execution planning is approved by the customer or by an architect commissioned by the customer, any joint liability on our part for the consequences of a faulty execution planning lapses, unless there is a case of intent or gross negligence on our part.

§ 1 Scope of Application

1. The following terms and conditions apply to all contracts concluded between us and the seller for the delivery of goods. They also apply to all future business relationships, even if they are not expressly agreed upon again. Deviating terms and conditions of the seller that we do not expressly acknowledge are not binding on us, even if we do not expressly contradict them. Our terms and conditions also apply if we accept the delivery of the seller without reservation in knowledge of terms and conditions that conflict with or deviate from our conditions.
2. All agreements entered into between us and the Seller in connection with the Sales Contracts are set out in writing in the Sales Contracts, these Terms and our Orders.
3. These terms and conditions apply only to those specified in § 310 (1) of the German Civil Code.

 

§ 2 Offer and conclusion of contract

1. We are bound to our offer to conclude a purchase contract (our order) for two ( 2 ) weeks.
2. All parts, drawings, plans and other documents handed over by us remain our property. All copyrights to these documents are reserved. The Seller may only use, pass on to third parties and/or make them accessible to third parties outside of this contract with our written consent. After fulfilment, the seller must return them to us at his own expense without being asked to do so, unless there are statutory retention periods to the contrary. The obligation of confidentiality shall also apply after the execution of this contract until the information provided is to be regarded as generally known.

 

§ 3 Payments

1. The price shown by us in the order is binding and is valid in euros (€) as well as free delivery, unless otherwise agreed between the parties. The packaging costs are included in the price, as are any toll and energy surcharges as well as the applicable statutory value added tax. All invoices from the seller must show the order number provided by us.
2. Unless otherwise agreed, we will pay a three percent (3%) discount within ten (10) business days from receipt of a proper invoice requiring delivery of goods by the Seller, or within thirty (30) days net. Discount deduction is also permissible in the event of set-off or retention due to defects. In the event of delivery of defective goods, we are entitled to deduct a discount if payment is made within ten (10)
   working days after proper subsequent performance.
3. In the event of acceptance of premature deliveries, the due date of the purchase price is based on the originally agreed delivery date.
4. The making of payments by us does not mean an acknowledgement of the performance of the seller as being in accordance with the contract.
5. We are entitled to the statutory rights of set-off and retention in full. We are entitled to assign all claims arising from the purchase contract without the consent of the seller.
6. The seller has rights of set-off and retention only with regard to undisputed or legally established claims. He is not entitled to assign, pledge or have his claims against us collected by a third party without our written consent. This does not apply to the extended retention of title.

 

§ 4 Delivery Period

1. The delivery period or date specified in the order shall be binding on the Seller.
2. Partial deliveries are only permitted with our consent.
3. The seller is obliged to inform us immediately if he recognizes before delivery or should recognize if he has exercised due care that a timely delivery in the contractually agreed quality and quantity cannot be met. At the same time, he must submit proposals for the immediate provision of the service in accordance with the contract.
4. If the seller is in default, we are entitled to the statutory claims.

 

§ 5 Warranty

1. We will subject delivered goods to an incoming inspection in the form of a visual inspection for obvious defects, transport damage and identity of the goods and report any detected defects to the seller immediately, at the latest within fourteen (14) working days after delivery. In the case of defects that are not recognizable here, the aforementioned notice period runs from the discovery of the defect. In this respect, the seller waives the objection of late notification of defects.
2. We are entitled to the statutory claims for defects against the seller and the seller is liable to us to the extent of the law. The limitation period for claims for defects is sixty (60) months from the transfer of risk, unless otherwise agreed.

 

§ 6 Liability of the Seller and Insurance Coverage

1. If we are sued by third parties for damages due to product damage for which the seller is responsible, the seller must indemnify us on first request against all claims by third parties, including the necessary costs to defend against these claims, if the seller has set the cause of the product damage within his sphere of control and organization.
2. If we have to carry out a recall due to a claim within the meaning of § 6 ( 1 ), the seller is obliged to reimburse us for all expenses resulting from or in connection with the recall campaign carried out by us. As far as it is permitted and reasonable for us, we will inform the seller about the content and scope of the recall and give him the opportunity to comment. Further statutory claims remain unaffected by this.
3. The Seller is obliged to take out and maintain product liability insurance with a sum of cover appropriate for the goods (the sum insured depends on the respective product and is to be determined individually). Further statutory claims remain unaffected by this.
4. If we are held liable by a third party because the Seller’s delivery infringes the industrial property right of a third party, the Seller undertakes to indemnify us against these claims upon first request, including all necessary expenses incurred by us in connection with the claim by the third party and its defense, unless the Seller has not acted culpably. The statute of limitations for these indemnification claims is sixty (60) months, calculated from the transfer of risk.

 

§ 7 Data protection

1. We refer to our privacy policy, which you can view at www.schollglas.com.

 

§ 8 Place of Jurisdiction/Place of Performance/Applicable Law

1. If the seller belongs to the group of persons named in § 310 para. 1 BGB, our place of jurisdiction is our place of jurisdiction; however, we are also entitled to sue the seller at his court of residence.
2. The law of the Federal Republic of Germany shall apply to the exclusion of its conflict of law provisions; the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
3. Unless otherwise stated in the order, our place of performance is our place of business.

These terms and conditions shall apply in addition to and take precedence over the provisions of our General Terms and Conditions if we deliver the goods to the customer using reusable racks.

 

§ 1 Basics

1. The seller can deliver the goods to the buyer on commercially available reusable racks (hereinafter referred to as “reusable racks”). The reusable racks remain the property of the seller and must be returned to the seller immediately and undamaged.
2. The management of the reusable racks is the sole responsibility of Gestellpool Europe GmbH & Co. KG, Vahrenwalder Str. 236, 30179 Hannover (Amtsgericht Hannover HRA 201200), hereinafter referred to as Gestellpool.
3. The use of the reusable frames is free of charge for a period of 49 calendar days from delivery. After this
   period, the customer owes a weekly contractual penalty in accordance with the following agreements.

 

§ 2 Clearance and collection

1. The customer is obliged to remove the reusable racks immediately. The customer must immediately report the reusable racks to the company named in § 1 paragraph 2. The seller collects the racks either himself or through an authorized third party.
2. The vacancy registration takes place via the web interface of the Gestellpool at www.gestellpool.com, or by telephone at +49/511/65511444, by fax at +49/511/65511499, by e-mail at freimelden@gestellpool.com, as well as via smartphone app.
3. The customer is obliged to
   protect the reusable racks against damage and loss until they are collected. This obligation no longer exists if the reusable racks are not picked up within 21 days after being vacated in accordance with § 2 paragraph 2, even though the reusable racks are actually free and can be collected.
4. If a frame has been incorrectly reported ready for collection (not freed, not safe for transport, not accessible,
   or not at the specified address), the period of use continues from the date of delivery. Gestellpool can charge logistics costs for its futile effort.
5. In the case of vacancy notices at a location other than the original delivery, the company designated under § 1 paragraph 2 shall be entitled to charge logistics costs according to expenditure (see paragraph 4 above).

 

§ 3 Default

1. The customer is in default with his obligation to free up and report if he does not
   release and report the reusable racks within 49 calendar days of receipt without the need for a reminder.
2. The delay ends with the vacancy notification if the reusable racks are actually free at the time of the vacancy notification and can be collected.

 

§ 4 Contractual penalty in the event of late release and compensation for damages

1. If the customer is in default with the release and release of the reusable frames, he has forfeited a contractual penalty within the meaning of §§ 339 et seq. of the German Civil Code. For each week of delay commenced, the customer has forfeited a contractual penalty of EUR 20.00 net per reusable frame. The amount of the contractual penalty is limited to the amounts pursuant to § 5.
2. If the customer loses a reusable rack, he has forfeited a contractual penalty in the amount of the maximum amount, cf. § 5, due to non-performance (§§ 339, 340 BGB). The right to assert higher damages is reserved (§ 340 (2) sentence 2 BGB).
3. If a customer damages a reusable frame, he has forfeited an amount of EUR 50.00 as compensation (§ 339 BGB). The total loss of a reusable frame is calculated with the maximum amount according to § 5. A total loss exists if there is a risk that the glass to be transported can no longer be transported without defects due to damage to the glass transport frame. The parties are free to prove a lesser or higher damage.

 

§ 5 Agreed value of the frames

1. The parties agree on the net value to be refunded for each returnable frame as follows:– Frame “A-small”, “L-small”, “Trolley” and “Other frames” = EUR 350.00– Frame “A-medium” and “L-medium” = EUR 450.00– Frame “A-large and “L-large” = EUR 550.00– Frame “A-oversized” and “L-oversized” = EUR 650.00

§ 6 Collection of contractual penalties and logistics costs

1. The seller hereby indicates to the customer that all claims arising from the contractual penalty and logistics costs have already been assigned to Gestellpool, and that the latter has accepted the assignment. Gestellpool is entitled to assert contractual penalties and logistics costs against the customer out of court and in court in its own name and on its own account. Gestellpool alone and not the seller is the owner of the claims arising from contractual penalties and logistics costs within the meaning of Sections 2, 4 and 5.

 

§ 7 Privacy Policy

1. The seller passes on the name, address and other contact details of the customer to Gestellpool. Gestellpool is entitled to store and process this data. The data may only be collected, stored, processed and disclosed for the purpose of executing this contract and for the purposes of managing the racks and asserting the contractual penalties. Any other use of the data, in particular for advertising purposes, is not permitted. We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) may have security gaps. Data protection against access by third parties is not
   guaranteed.

 

§ 8 Miscellaneous

1. Should individual clauses of these Special Terms and Conditions be or become invalid or incomplete in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. Changes, deviations or additions to these special terms and conditions must be made in writing in order to be effective.