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General Business Conditions Gerdes GmbH (from 11/29/2021)


I.
Scope.

  1. These general terms and conditions apply to all contracts between Gerdes GmbH and its customers for the execution of work in the field of window and door construction and the delivery of elements and items.
  2. Section II of the Terms applies to all Contracts. Section III only applies to contracts in which Gerdes GmbH is obliged to carry out window construction work, in particular installation. Section IV only applies to contracts that exclusively relate to the delivery of elements or items.The customer accepts these conditions at the latest by signing the order confirmation.
  3. Deviating or conflicting conditions are only valid if they are recognized by us in writing. Neither our silence on the sending of conditions nor the execution of an order by us counts as acceptance on our part.
  4. These conditions also apply to all future transactions with the customer. If we are in an ongoing business relationship with a business partner, our general terms and conditions apply to the entire business relationship, even if they are not expressly mentioned in individual cases.
  5. Individual agreements made with the customer in individual cases have priority over these general terms and conditions.

 

II.
Terms for All Contracts

1. Conclusion of contract, subject matter of contract, text form

(1) The contract between Gerdes GmbH and the customer is expressly only concluded when Gerdes GmbH has received its order confirmation with the customer's signature, unless the parties have expressly made a different arrangement in advance or Gerdes GmbH has started with your service.

(2) The customer bears the risks and the proof of delivery of the signed order confirmation. If the return is not made within 14 days of the date of the order confirmation, Gerdes GmbH is no longer bound (see also (7) of this section 1.).

(3) All agreements made between us and the customer for the purpose of executing the contract are written down in the contract. Only the order confirmation from Gerdes GmbH is decisive for the scope of the service, unless expressly agreed otherwise. Customer documents or information in catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or other documents - also in electronic form - (e.g. advertising material) as well as manufacturer information and advertising only become part of the contract , if this is expressly agreed and reference is made to these documents.

(4) Information provided by Gerdes GmbH on the subject of the delivery or service (e.g. weight, dimensions, load capacity, tolerances and technical data) and the representation of the same (e.g. drawings and illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match . Deviations that are customary in the trade/industry and deviations that are based on mandatory regulations or represent technical improvements, as well as the replacement of parts by equivalent parts are permissible provided that they do not impair the usability for the contractually intended purpose. The above does not apply if the parties have expressly agreed otherwise.

(5) Additions and amendments to the agreement made, including these conditions, must be in text form to be effective.

(6) Offers from us and the order confirmation are binding for a period of 14 working days from the date of the offer, unless otherwise specified.

(7) If the customer sends us an offer, he is bound by it for 14 days from receipt by us.

(8) Ancillary work (in particular those that cannot be assigned to the window and door construction trades such as bricklaying, caulking, plastering, carpentry, earthwork, electrical work or painting) are only owed if this is expressly agreed in the contract.

 

2. Prices, payments, price guarantees and adjustments, prepayment

(1) The prices apply to the scope of services listed in the contract or in the order confirmation. Packaging and delivery are to be remunerated separately, unless the contract regulates otherwise. Additional or special services will be charged separately.

(2) The prices on which the services are based are based on the dimensions and the execution in accordance with the contract. Any price guarantees therefore relate exclusively to the service (design and dimensions) that is stated in the contract. In the event of a change in the scope of services (design or dimensions), a change in prices due to an increase in labor or material costs must be taken into account accordingly.

(3) Tariff surcharges and supplements will be charged for overtime, nighttime, Sundays and public holidays that are required or requested by the customer and were not originally contractually expressly provided for. The same applies to work under difficult conditions that Gerdes GmbH could not foresee.

(4) Invoices are to be paid within 30 days of the invoice date without deduction, unless the parties have agreed otherwise.

(5) For work carried out by us later than four months after the conclusion of the contract, the prices must be adjusted at our request in accordance with an increase in sales tax, wages, ancillary wage costs and material costs that have occurred in the meantime. The services provided up to four months after the conclusion of the contract are to be determined - if necessary - in a joint measurement and billed according to the original prices. This does not apply if we have declared to the customer in writing that the prices are binding for the duration of the contract or until the end of a certain period.

(6) For private individuals, there is a legal retention period for the original invoice for at least 2 years.

 

3. Dates and deadlines

(1) Deadlines and deadlines promised by us are only binding if we expressly designate them as such in writing. Otherwise, deadlines agreed between the parties do not apply as contractual deadlines. Deadlines set unilaterally are also not contractual deadlines. This means that the deadlines and dates we promise are only approximate unless a binding deadline or a binding date has been expressly promised or agreed.

(2) In order to meet deadlines and deadlines, it is necessary for the parties to clarify all commercial and technical issues that are essential for the provision of the services and for the customer to have fulfilled all the relevant obligations that are incumbent on him. If these requirements are not met, the deadline is extended or the date is postponed by a reasonable period of time, unless we are responsible for this. At least the duration of the period in which the customer has not fulfilled his obligations or he has not made a (complete) declaration is appropriate. There is also a surcharge for the (re)start of the service. Our rights due to a customer's default remain unaffected.

 

4. Ranking

If there are any inconsistencies between these Terms and any other terms of the Agreement, the parts of the Agreement shall apply in the order listed below:

(1) our order confirmation

(2) these General Terms and Conditions

(3) descriptions of services including preliminary remarks, drawings, samples and other associated documents that have been declared part of the contract

(4) the other statutory provisions

 

5. Liability

(1) Gerdes GmbH is only liable for simple negligence if essential contractual obligations are breached. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and the fulfillment of which the customer can rely on. Liability is limited to typically foreseeable damage. In addition, we have unlimited liability in the event of injury to life, limb or health. For the rest, the liability of Gerdes GmbH is excluded in the event of simple negligence. This does not affect liability in the event of fraudulent concealment of a defect, the assumption of a guarantee, the absence of contractually guaranteed properties and under the Product Liability Act.

(2) The above exclusions and limitations of liability apply to the same extent in favor of the legal representatives, employees and other vicarious agents of Gerdes GmbH.

 

6. Delay

(1) Gerdes GmbH is not liable for the impossibility of performance or for delays in performance insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which Gerdes GmbH is not responsible.

(2) These can be, for example, operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of workers, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the lack of, incorrect or not timely delivery by suppliers, insofar as Gerdes GmbH is not responsible for this.

 

7. Set-off, right of retention, prohibition of assignment

(1) The customer cannot set off our claims unless the customer's claims are undisputed or have been legally established.

(2) The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

(3) An assignment of any claims directed against us is only effective with our written consent.

 

8. Miscellaneous: Applicable law, place of jurisdiction, place of performance, severability clause

(1) The law of the Federal Republic of Germany is exclusively applicable to this contract and all disputes in connection therewith. The application of the provisions of the United Nations Convention on International Contracts for the Sale of Goods (CISG) is excluded..

(2) The exclusive place of jurisdiction is the place of jurisdiction in Lingen/Ems, provided our customer is a merchant.

(3) The place of performance for all services is Lengerich, unless otherwise agreed.

(4) If one of the above conditions is ineffective, for whatever reason, the validity of the other provisions should not be affected. In this case, the parties will agree on a substitute regulation that comes as close as possible to the ineffective regulation in economic terms.

 

9. Privacy

(1) The customer is informed that we collect and store customer data necessary for business transactions for the purpose of exchanging information, maintaining contacts, project processing (offers and order confirmations) and general correspondence. This applies - as far as known - title, first name, last name, position, company, VAT number, company address or address, e-mail address, telephone number, mobile phone number and fax number. When processing the customer's personal data, we observe the statutory provisions.

(2) Upon request, the customer receives information about the data stored about his person at any time and has the right to have it deleted under certain conditions.

 

10. General remark

(1) We would like to point out that any protective films that may have been attached to the profiles must be removed after installation has been completed, but no later than 3 months after delivery.

 

III.
Additional terms for contracts that include assembly

 

1. Customer obligations (not exhaustive)

(1) Unless otherwise expressly agreed in the contract, the customer is obliged at his own expense: to create the conditions for carrying out the work on the construction site, in particular to create the freedom to build; to provide sufficient space for the erection of the construction site and for the storage of materials; to provide electricity, water, heating, lighting and connections; to complete the necessary preliminary work before the start of assembly, insofar as this would affect the work of Gerdes GmbH; to provide necessary facilities; to create provisions for the protection and storage of the parts to be assembled; to support us with the assembly work, insofar as this is necessary; Obtaining official or other permits at your own expense.

(2) The customer ensures that the on-site conditions are met so that we can start assembly on the specified date and carry out the work without any disruption.

(3) The customer must notify us immediately of all circumstances of which he becomes aware that could delay, impede or interrupt the contractual performance of the service.

(4) The customer bears the duty of traffic safety at the installation site, provided he is a businessman.

(5) The provision of scaffolding and hoists (crane) must be made available by the customer if required, unless the service is shown and agreed in writing..

 

2. Acceptance, partial acceptance, assessment of condition

(1) The customer accepts the services of Gerdes GmbH.

(2) Gerdes GmbH can demand the acceptance of self-contained parts of the service (partial acceptance). Any part of the service that can be examined on its own (i.e. separately from other service components) for compliance with the owed scope of service is considered to be self-contained. These can also be services that are described in individual items or titles in the specifications.

(3) The customer ensures that the person present at an acceptance appointment is authorized to submit the acceptance declaration. Gerdes GmbH can assume that the person present at the acceptance date was authorized to accept the goods.

(4) If the service is used by the customer, it is deemed to have been accepted at the latest if the customer does not inform us to the contrary within a reasonable period of time from the date of use, in particular not complaining about any significant defects. A period of 3 weeks is generally considered reasonable.

(5) If the customer refuses acceptance - for whatever reason - we can demand that the customer participate in a joint assessment of the condition of the work and sign a joint protocol of the assessment together with Gerdes GmbH or one of its authorized representatives. If the customer is absent from an agreed date or a date set by us within a reasonable period of time to determine the condition, we can carry out the determination of the condition unilaterally, unless the customer is not responsible for his absence. If the customer has been provided with the work and if an obvious defect is not specified, it is assumed that this occurred after the condition was determined and that Gerdes GmbH is not responsible for it.

 

3. Subsequent changes

(1) Should the customer of Gerdes GmbH request a change in the agreed work result or a change that is necessary to achieve the agreed work result after the conclusion of the contract, the statutory provisions, in particular Sections 650b, 650c BGB, shall apply, unless the following is stated explicitly stated otherwise.

(2) Gerdes GmbH is free to set the price for the offer according to § 650b Para. 1 BGB about the additional or reduced costs.

(3) If the customer does not order the offer for the additional or reduced costs or if he does not order the execution of the additional or reduced services (if the relevant requirements are met) according to § 650b Para. 2 BGB, Gerdes GmbH is entitled to charge the customer the costs to calculate for the preparation of the offer. In doing so, Gerdes GmbH can apply its billing rates for wages, material and travel costs that apply at the time of the customer's request for the expenses incurred.

(4) The execution of a change within the meaning of § 650b Para. 1 No. 1 BGB is only reasonable for Gerdes GmbH if and to the extent that this is technically possible, its company is equipped accordingly, the available employees are qualified for this and internal processes do not prevent the execution . As part of the internal processes, the available capacities, capacity planning and the effects on other orders to be executed, as well as periods with reduced performance (e.g. company holidays, general vacation times) must be taken into account. Gerdes GmbH is not obliged to increase its capacities (e.g. by commissioning subcontractors) to enable the change to be carried out. If the execution of the change leads to a disadvantage that is not insignificant when considering the interests of both parties, the execution is unreasonable. A disadvantage can also lie in the fact that the execution of the change disrupts the timing of the service provision. This applies in particular if the performance period is not insignificantly extended. The forecast by Gerdes GmbH at the time of the request is decisive for the consideration.

(5) If the customer requests that Gerdes GmbH perform a specific service and the parties do not agree as to whether this service is included in the contractually owed service, there is a claim to remuneration for this service even if

  • Gerdes GmbH begins to perform this service before the expiry of the period of § 650b Para. 2 BGB and
  • informs them that they will claim additional remuneration or that they reserve the right to do so and
  • (later) is determined or the parties agree that the requested service was not already owed under the contract.

In this case, Gerdes GmbH is entitled to compensation in accordance with § 650c BGB. § 650c paragraph 3 BGB does not apply to this remuneration. The general rules for payments on account apply.

(6) If the customer requests a change within the meaning of Section 650b of the German Civil Code (Bürgerliches Gesetzbuch), Gerdes GmbH is prevented from performing its contractual service from the moment the request is received.

  • if and to the extent that the performance of the contractual service is affected by the requested change or is dependent on it or is related to it to the extent that an appropriate economic consideration requires the performance of the contractual service in connection with the requested change and
  • as long as the customer does not commission our offer or makes an arrangement according to § 650b paragraph 2 BGB or declares bindingly in text form to Gerdes GmbH that he intends to
  • refrains from his request.

If Gerdes GmbH is not responsible for the planning of the contractual service (in the sense of an implementation plan), it is also hindered in the execution of the contractual service as long as the customer does not provide the planning required for the modification in a complete and error-free manner became. If the customer, who is an entrepreneur, expresses his request within the contractually stipulated execution time, the ability and willingness to perform of Gerdes GmbH will be assumed.

(7) The customer's right to issue orders according to § 650b paragraph 2 BGB requires that the customer has previously created the conditions for Gerdes GmbH to be able to submit an offer. In particular, the customer is obliged to provide the planning required for the change if Gerdes GmbH is not responsible for planning the contractual service (in the sense of an implementation plan); in this case, the period of § 650b Para. 2 BGB begins at the earliest with receipt of the complete and error-free planning.

(8) The prices agreed for the unchanged contractual services remain unaffected by the change. Only the additional or reduced services resulting from the change will be remunerated on the basis of the costs actually required. These additional and reduced costs that are actually required will be broken down accordingly by Gerdes GmbH.

The actual wage costs are based on the costs of the respective employee group (determined on the basis of productive hours) for wages including all wage-related supplements, social costs, ancillary wage costs and other benefits (e.g. capital formation). According to the choice of Gerdes GmbH, either the costs determined in this way for the employees deployed for the change, the respective construction site wages or the operating wages related to the employee group to which the deployed employees are assigned are decisive. As part of the average wage, Gerdes GmbH is free to include the wage costs of supervisors or foremen on a pro rata basis. If Gerdes GmbH provides the customer with an overview of the average wages immediately after conclusion of the contract at the latest, it is assumed that these correspond to the wage costs actually required if the customer subsequently requests changes within the meaning of Section 650b (1) BGB.

The actual device costs are made up of the costs of providing the device (calculated depreciation, interest and repair costs), operating the device (whereby the operating costs are to be considered wage costs) and providing the device. Also from the proportionate general equipment costs. Submission of a corresponding price list from our material supplier is suitable as proof of the actual material costs. Purchase invoices do not have to be submitted. It is assumed that the actual costs determined in this way are necessary; this does not apply to consumer contracts.

(9) If a change requested and ordered by the customer results in lower costs compared to the original contractual remuneration, these are to be taken into account with the actually required costs up to a maximum amount that corresponds to the calculated remuneration for the original service now affected by the change, excluding the calculated contribution margins for general business expenses, construction site overheads and risk and profit. The latter must not be diminished by the change.

(10) The following applies to contracts with companies: If the customer has accepted the offer from Gerdes GmbH regarding additional or reduced costs of a change requested by the customer (§ 650b Para. 1 BGB) with knowledge of the surcharge rates applied by Gerdes GmbH or if the customer, in Knowledge of the surcharges applied by Gerdes GmbH, payments made by Gerdes GmbH for the additional and reduced costs of a change requested by the customer, without objecting to the amount of the calculated surcharges, it is assumed for future change requests, that these surcharges are reasonable. The same applies to the costs charged. Here it is assumed for comparable services that the costs represent the actual costs and are necessary at this level. If Gerdes GmbH proves cost increases (e.g. material price, wages), the corresponding cost factor changes. The presumption of conformity remains unaffected for the other factors (e.g. time estimates).

(11) Gerdes GmbH is entitled to deposit its calculation in a sealed envelope with the customer no later than 14 days after the conclusion of the contract. If the calculation is important in the context of remuneration issues, the customer is entitled to open and view the original calculation after prior notification. Gerdes GmbH must be given the opportunity to be present at the inspection. After inspection, the original calculation is closed again. After the final completion of the construction project, the customer is obliged to publish the original calculation. It is also considered a deposit within the meaning of § 650c Para. 2 BGB if Gerdes GmbH keeps its original calculation in a sealed envelope, which the contracting parties have initialed or signed no later than 14 days after the conclusion of the contract. If the original calculation is important in the context of remuneration issues, Gerdes GmbH will present the envelope at the customer's request so that it can be opened in the presence of the parties and the original calculation can be viewed. The original calculation is then sealed again in an envelope, which the parties in turn initial or sign.

 

4. Concern report, warranty impact

(1) If Gerdes GmbH has concerns about the intended type of execution (also because of the protection against the risk of accidents), about the quality of the materials or components supplied by the customer or about the services of other companies, it must inform the customer. However, the customer remains responsible for his information, orders or deliveries.

(2) If a defect can be traced back to the service description or to instructions as well as other specifications of the customer, to the materials or components supplied or prescribed by them or to the nature of the advance performance of another company, the customer is liable. In addition, Gerdes GmbH shall be liable pro rata or in place of the customer if it is culpable for not making the notification in accordance with Section 1. This only applies if the notification of concern would have resulted in the defect not occurring or not occurring to the extent that occurred.

 

5. Disabilities

(1) If Gerdes GmbH believes that it is impeding the proper execution of the service, it must notify the customer. Impeding circumstances will be taken into account in any case if the customer was obviously aware of the fact and its impeding effect.

(2) A hindrance exists, among other things, if the outside temperature is below 0°C.

(3) Execution deadlines are extended if the hindrance is caused:

  • due to a circumstance in the risk area of ​​the customer,
  • as a result of a strike or a lockout ordered by the employer’s professional representation in the Gerdes GmbH company or in a company that works directly for them,
  • due to force majeure or other circumstances that Gerdes GmbH cannot avoid.

The extension of the deadline is calculated according to the duration of the hindrance with a surcharge for the resumption of work and any postponement to a less favorable time of the year.

(4) If the execution is interrupted for a probable lengthy period without the service becoming permanently impossible, the services carried out are to be invoiced according to the contract prices and the costs already incurred by Gerdes GmbH and included in the contract prices for the part of the service not carried out are to be reimbursed are.

(5) If one party is responsible for the impeding circumstances, the other party is entitled to compensation for the demonstrably incurred damage, but only in the event of intent or gross negligence. Gerdes GmbH's right to appropriate compensation under Section 642 of the German Civil Code remains unaffected.

(6) If an interruption lasts longer than 3 months, each part can terminate the contract in writing after this period has expired. Billing is governed by clauses 3 and 4. If Gerdes GmbH is not responsible for the interruption, the costs of clearing the construction site must also be reimbursed, provided they are not included in the remuneration for the services already performed.

 

IV.
Additional Terms for Contracts Limited to Delivery

 

1. Obligation to check customer

The commercially active customer must examine and check the delivered goods immediately for quality and quantity deviations (§377 HGB). Recognizable defects and complaints must be reported within 10 working days after delivery of the goods to the customer or otherwise within 10 working days after discovery of the defect or any earlier point in time at which the defect was recognizable for the customer during normal use of the delivery item without closer examination be notified to us in writing.

 

2. Retention of title

(1) The delivery item remains the property of Gerdes GmbH until all claims arising from the contract have been settled in full. The customer must treat the goods subject to retention of title with care.

(2) The goods subject to retention of title may not be sold, given away or pledged to third parties or assigned as security before the secured claims have been paid in full. As long as ownership of the delivery item has not passed to the customer, the customer is obliged to inform Gerdes GmbH immediately if the delivery item is the subject of a seizure or other interventions by third parties. If the customer violates this obligation, he is obliged to pay damages.

(3) The retention of title remains in place for claims by Gerdes GmbH against the customer from the current business relationship until all existing and future claims have been settled. This only applies if the customer is a merchant. At the request of the customer, Gerdes GmbH is obliged to waive the retention of title if the customer has fulfilled all claims resulting from the contract and there is appropriate security for further claims from the ongoing business relationship.

(4) If the delivery is made for a business operation maintained by the customer, the items may be resold in the ordinary course of business. In this case, the customer's claims against the buyer from the sale are already assigned to Gerdes GmbH. If the items are resold on credit, the customer must reserve title to his buyer. The customer hereby assigns the rights and claims arising from this retention of title to Gerdes GmbH.

 

3. Delivery, transfer of risk

(1) Unless otherwise agreed, delivery is made from our premises at the customer's expense. The risk of accidental loss or accidental deterioration of the goods is transferred to the forwarding agent, carrier or other third party responsible for carrying out the shipment from the time the goods are handed over.

(2) If the transport or handover is delayed as a result of a circumstance caused by the customer, the risk passes to the customer from the day on which the delivery item is ready for transport and Gerdes GmbH has notified the customer of this, provided the customer is a merchant . If the customer is a consumer, the risk passes as soon as Gerdes GmbH has made the item available to the customer and notifies the customer of this.

 

 

V
Special conditions for the delivery of goods with reusable racks from Gerdes GmbH

 

1. Return of the reusable racks

(1) These conditions take precedence over the provisions of our General Terms and Conditions if we deliver the goods to the customer using reusable frames. The customer must provide us with the reusable racks immediately and undamaged in accordance with these conditions.

(2) The seller can deliver the goods to the buyer on standard returnable racks (hereinafter referred to as “returnable racks”). The reusable racks remain the property of the seller and must be returned to him immediately and undamaged.

(3) The management of the reusable racks is the sole responsibility of Gestellpool Europe GmbH & Co. KG, Vahrenwalder Str. 236, 30179 Hanover (Hanover District Court HRA 201200).

2. Release notification

(1) The customer is obliged to release the reusable racks immediately. The customer must immediately inform the company named in Section 1 Paragraph 3 that he has released the reusable racks and they are ready for collection (notification of release).

(2) It is possible to report a vacancy via the web interface of Gestellpool Europe GmbH & Co. KG at www.rack-pool.com, by telephone on +49/511/65511444, by fax on +49/511/65511499 or by e-mail. mail under This email address is being protected from spambots. You need JavaScript enabled to view it..

(3) The customer is obliged to protect the reusable racks against damage and loss until collection. This obligation no longer applies if the reusable racks are not picked up within 21 days after a notification of vacancy pursuant to Section 2 Paragraphs 2 and 3, although the reusable racks are actually free and can be picked up.

3. Delay

(1) The customer is in arrears with his return obligation if he has not returned the reusable racks loaned to him within 49 calendar days of receipt or if he has not submitted a notice of vacancy within 49 calendar days of receipt without a reminder being required.

(2) If, exceptionally, the customer has received the goods from the seller before the agreed delivery date, the period referred to in paragraph 1 will only be calculated from the day of the agreed delivery date.

(3) The delay already ends with the release notification if the reusable racks are actually free and can be picked up at the time of the release notification.

4. Pickup

The seller collects the racks either himself or through an authorized third party.

5. Fees

(1) If the customer is a company, a legal entity under public law or a special fund under public law, the following fees apply. This rule does not apply to other customers.

The fees from section 5 paragraph 2 are charged for deliveries from June 1st, 2019.

(2) If the customer is in default with the return of the reusable racks/reusable racks within the meaning of Clause 1 and Clause 3, he has forfeited fees (§§ 339 et seq. BGB). For each started calendar week of delay, the customer forfeits a fee of EUR 20.00. The maximum total amount of these fees (“Maximum Fee”) can be found in Section 6.

(3) If the customer loses a reusable frame, he has forfeited the maximum fee as defined in Section 6 due to non-performance (§§ 339,340 BGB), unless the customer no longer had the Obligation to protect the reusable racks against loss. This does not rule out the assertion of claims for damages in excess of the fee (§ 340 Para. 2 S. 2 BGB).

(4) If a customer damages a reusable frame, he has forfeited an amount of EUR 50.00 as compensation (§ 339.341 BGB). The total loss of a reusable frame is calculated using the maximum fee for the frame, which can be found under item 6. A total loss exists when there is an acute risk that the glass to be transported is no longer free of defects due to damage to the glass transport frame can be transported.

(5) In the case of release notifications at a location that differs from the original delivery, the company named under Section 1 Paragraph 3 is entitled to charge reasonable logistics costs.

(6) The seller hereby notifies the customer that he has assigned all claims from the aforementioned regulations to the Gestellpool Europe GmbH & Co. KG, Vahrenwalder Str. 236, 30179 Hanover.

(7) If a frame was incorrectly reported as ready for collection (not safe for transport, not accessible, or not at the specified address), the rental period continues from the delivery date. In addition, the supplier has the right to charge reasonable logistics costs.

6. Maximum fee

The maximum fees per frame within the meaning of these special conditions are 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" = 650.00 EUR

7. Collection of Fees

Gestellpool Europe GmbH & Co. KG alone and not the seller is the owner of the claims arising from fees as defined in Section 5. The collection of the fees takes place exclusively via the Gestellpool Pool Europe GmbH & Co. KG. The seller has no influence on this.

8. Written form

The present contract reflects all agreements in full, no side agreements have been made. Changes and additions to this contract must be made in writing in order to be effective. Any changes to the written form requirement must also be in writing.

9. Severability Clause

Should individual clauses of these special conditions be invalid or incomplete in whole or in part, this does not affect the effectiveness of the remaining clauses or the remaining parts of such clauses.

10. Data protection

The seller passes on the name and address of the customer to the Gestellpool Europe GmbH & Co. KG (Article 6 (1) GDPR). Rackpool Europe GmbH & Co. KG is entitled to store and process this data. The data may only be collected, stored, processed and passed on for the purpose of executing this contract and for the purposes of managing the racks and including the fees, logistics costs, compensation and 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) can have security gaps. A complete protection of the data against access by third parties is not possible.

Gerdes GmbH · Tannenkämpe 28
49838 Lengerich · Germany
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