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DB SCHENKEReuropac
Imprint
Schenker Deutschland AG
Lademittel, Trading & Leasing
DB SCHENKEReuropac
Creidlitzer Straße 140
96450 Coburg
Subject to changes.
As of 01.05.2011
Phone + 49 9561 8148-0
Fax +49 9561 8148-14
dbschenkereuropac@dbschenker.com
www.dbschenker.com/de
Photos title: © Schenker Deutschland AG
General Terms and Conditions
for Trading and Leasing
Delivering solutions.

Photos: © Schenker Deutschland AG
General Terms and Conditions for Leasing/One-way Use
General Terms and Conditions for Trading
1. The subject of these General Terms and Conditions is the
leasing of reusable transport packaging – hereinafter referred
to as "RTP" – by Schenker Deutschland AG, Coburg –
hereinafter referred to as DB SCHENKEReuropac – to
the contracting partner.
2. These terms and conditions of DB SCHENKEReuropac apply
to the area of the Federal Republic of Germany up to the end
of the mainland. We will charge a corresponding additional fee
outside this area of application, of which DB SCHENKEReuropac
will notify you on request.
3. After a written order has been placed with DB SCHENKEReuropac
on the basis of these General Terms and Conditions,
DB SCHENKEReuropac will place the requested RTP at your
disposal by carriage forward delivery. You are obliged to confirm
receipt of the RTP in writing to DB SCHENKEReuropac.
4. The empty RTP is to be provided by the recipient in a clean
condition, without labels, folded or volume-reduced for
collection by DB SCHENKEReuropac.
5. In the event of minor contamination of the RTP,
DB SCHENKEReuropac will be responsible for cleaning
and cleaning costs. In the event of major contamination
(e.g. by oil and/or varnishes) and damage to the RTP,
DB SCHENKEReuropac will charge the cleaning or repair
costs separately based on expenditure, plus liquidated
damages of 30 % (of the reinstatement value). In the event
of loss of one or several RTPs, you have to pay the replacement
value to DB SCHENKEReuropac.
6. The RTP provided to you remains the property of
DB SCHENKEReuropac.
7. DB SCHENKEReuropac wants to emphasize that you, and
no third parties, bear the sole responsibility for the RTP
provided to you by DB SCHENKEReuropac.
8. You may offset only any undisputed or finally adjudicated
claims against the rental claims of DB SCHENKEReuropac
and you may exercise a right of reduction or retention only
in respect of such claims.
9. If the customer is late with payment in spite of a reminder
and defined deadline, DB SCHENKEReuropac is entitled to
demand default interest in the amount of five percentage
points above the base rate of the European Central Bank.
If the legal transactions do not involve a consumer, the
interest rate for payment claims is eight percentage points
above the base rate.
10. The place of jurisdiction for both parties shall be Coburg.
The law of the Federal Republic of Germany shall apply.
11. If individual provisions of these General Terms and Conditions
are or become invalid in whole or in part, the validity
of the remaining provisions shall not be affected. The invalid
provision shall be replaced by a regulation which comes as
close as possible to the intent of the parties.
In addition to clauses 1-11, the following shall
apply to one-way use:
12. After the delivery of the RTP, you have 2 working days
(working days are from Monday up to and including Friday)
to fill the RTP.
13. When handing the filled RTP over to your forwarder,
you are obliged to provide the following data to
DB SCHENKEReuropac in writing or in any reproducible
form on the handover date.
- date of handover of the RTP to your forwarder,
- precise name of the forwarder including address,
- precise name of the recipient of the RTP, including address,
- detailed information about the number and type of the RTP
handed over to the forwarder.
14. You have 2 working days' time for the transportation of the
filled RTP from you to the recipient.
15. After delivery of the filled RTP to the intended recipient,
the recipient has 2 working days' time to empty the RTP.
16. DB SCHENKEReuropac will collect the provided RTP from
the recipient within 4 working days from handover to the
forwarder (see also clauses 13 and 17).
17. DB SCHENKEReuropac will charge a so-called one-way fee
for the aforementioned services. The one-way fee includes
providing the RTP for a maximum period of 6 working days
between delivery of the empty RTP to you and the collection
of the empty RTP, provided in due time and in a proper
condition, from the recipient.
18. DB SCHENKEReuropac will offer one-way fees with extended
periods and differing usage fees for foreign countries separately
on request.
19. If DB SCHENKEReuropac makes a fruitless attempt to collect
the RTP from the recipient indicated by you within 6 working
days from delivery of the full RTP, DB SCHENKEReuropac is
entitled to impose a charge of € 12.50 for each wasted journey,
plus € 3.00 for each RTP due for collection. This does not
apply if DB SCHENKEReuropac was notified in writing in
due time of late provision of the RTP.
20. The lessee must pay the relevant fees immediately after
invoicing, but not later than within 10 days, without any
deductions. Any deviating special agreements must be
approved in writing.
21. DB SCHENKEReuropac recommends notifying your customers
that the RTP is the property of DB SCHENKEReuropac and
that such RTP must normally be provided for collection by
DB SCHENKEReuropac within 2 working days after delivery
in a condition as defined in clause 4.
As of 1 May 2011
1. The subject of these General Terms and Conditions is trading
in new or used packaging and packaging materials – hereinafter
referred to as "trading goods" – by Schenker Deutschland AG,
Coburg – hereinafter referred to as DB SCHENKEReuropac.
2. These terms and conditions of DB SCHENKEReuropac apply
to the area of the Federal Republic of Germany up to the end
of the mainland. We will charge a corresponding additional fee
outside this area of application, of which DB SCHENKEReuropac
will notify you on request.
3. Any regulations that modify or cancel these GTC – including
in respect of individual clauses – are only valid if confirmed
by DB SCHENKEReuropac in writing.
4. The deliveries, services and offers provided by
DB SCHENKEReuropac are based exclusively on these
General Terms and Conditions. They shall also apply to
all future business relationships, even if they have not
been expressly agreed again. We hereby object explicitly
to the contracting partner's general terms and conditions.
5. These General Terms and Conditions shall also apply to socalled
transfer orders, i.e. if delivery is made directly by our
sub-suppliers without any review by DB SCHENKEReuropac.
6. An order becomes effective only after a written confirmation
of the order has been sent by DB SCHENKEReuropac. The
prices and conditions stated in the order confirmation are
solely binding on both contracting parties.
7. Delivery periods will be complied with as far as possible. In
the event of delivery problems on the part of our sub-suppliers,
delivery periods will be extended accordingly. The same
applies to delivery problems that are due to unforeseeable
circumstances, such as weather catastrophes, strikes, etc.
8. Complaints as regards quantity and quality are to be noted
by the recipient on the delivery note immediately upon
receipt of the goods in the presence of the driver and must
be acknowledged by the driver. Any complaints can only
be made when this receipt is presented.
9. Delivery is effected subject to a reservation of title, i.e.,
until all present or future claims of DB SCHENKEReuropac
have been fulfilled, the trading goods remain the property
of DB SCHENKEReuropac. The customer may dispose of
these goods only after full payment. If the customer sells,
or transfers in any other way, the trading goods to a third
party prior to full payment, the customer hereby assigns by
way of security all claims of return or payment irrevocably
to DB SCHENKEReuropac. DB SCHENKEReuropac hereby
accepts this assignment. In spite of the aforementioned
regulation, the customer remains obliged to full payment.
In the event of any violations of the contract – in particular
default of payment, DB SCHENKEReuropac is entitled to
request immediate return of the goods, including from third
parties. However, acceptance of the goods does not constitute
cancellation of the purchase contract.
10. The purchaser must pay the relevant fees immediately after
invoicing, but not later than within 10 days, without any deductions.
Any deviating special agreements must be approved
in writing.
11. If the purchaser is late with payment in spite of a reminder
and defined deadline, DB SCHENKEReuropac is entitled to
demand default interest in the amount of five percentage
points above the base rate of the European Central Bank.
If the legal transactions do not involve a consumer, the
interest rate for payment claims is eight percentage points
above the base rate.
12. The place of jurisdiction for both parties shall be Coburg.
The law of the Federal Republic of Germany shall apply.
13. If individual provisions of these General Terms and Conditions
are or become invalid in whole or in part, the validity of the
remaining provisions shall not be affected. The invalid provision
shall be replaced by a regulation which comes as close
as possible to the intent of the parties.
As of 1 May 2011