1. Fair use provision
Stillages may be used solely to transport glass from the place of manufacture to the delivery address provided by the customer. The use of stillages for storage or transportation of glass other than that supplied by the glass manufacturer shall be admissible only with the supplier/manufacturer’s express written consent. As the person buying directly from the manufacturer, the customer shall be liable in the event of misuse.
Customer liability shall run from the date of collection, up to a max. 14 calendar days after notification that the stillages have been unloaded and are empty awaiting collection.
3. Return charge period
A period of 28 calendar days during which stillages are made available free of charge shall apply to deliveries by stillage.
No return charge shall be due if within 14 calendar days following expiry of that period stillages are reported as unloaded and empty awaiting collection. Where such report is made AFTER that period (day 43), a return charge shall be due for the WHOLE period (after day 29).
In exceptional cases another period may be fixed by mutual arrangement on justifiable grounds for a separate delivery.
Type G stillages shall be the exception to this rule. In their case the rental-free period shall be 14 calendar days.
4. Return charge
The return charge shall be € 2,00 per stillage per calendar day except in the case of type G stillages, where it shall be € 3,25 per calendar day.
5. Right of ownership
If a stillage appears to have disappeared for good or to have been lost, its value new shall be billed to the customer and the rental arrangement stopped. This point shall be reached after 365 calendar days. The manufacturer shall not forgo right of ownership. Should the stillage turn up again at a later stage, the fact shall be reported and the aforementioned value new refunded. The manufacturer shall reserve the right to make an additional return charge.
6. Notification that stillages are empty awaiting collection
Notification that stillages are empty awaiting collection shall be made only once in writing, on a form designed for the purpose. This form should be completed. Notification shall be legally valid only if sent to the fax number given by the manufacturer. The date of receipt of this fax shall be the last day of the period on which the return charge is based. Customer rights shall not apply
where “report forms” have not been completed and/or in the case of telephone notification. Notification may also be by e-mail to the following address: firstname.lastname@example.org.
7. Obligation to collect
14 calendar days after notification, the manufacturer shall undertake to collect the stillages in question from the address given, except during general holiday periods. A shorter period may occasionally be agreed with the manufacturer.
8. Failed attempts to collect
Stillages awaiting collection should be left at the stated place of collection and shall be readily accessible. They should obviously be completely empty. In the absence of any stillages at the appointed place or if the stillages are left at an inaccessible spot, the attempt to collect them shall be deemed to have failed and a € 45,38 (excl. VAT) surcharge billed to the customer. If the stillages are not completely empty, the driver shall categorically refuse to take them, in which case the attempted collection operation shall be deemed to have failed and the € 45,38 surcharge billed to the customer. This Article shall apply only if stillages are collected within normal working hours.
9. Invoicing of return charge
The return charge shall be invoiced at least once a month. The manufacturer shall provide clearest possible invoice statements and invoice checking schedules.
10. Stillage status report
A schedule of stillages used by the customer and listed by delivery address shall be issued every week.
A voucher or consignment note showing at least the number of stillages and the appropriate stillage numbers shall be issued with each delivery and collection.
11. Physical condition
The manufacturer shall deliver stillages in good condition. The customer shall be deemed to handle the stillages with care. In the event of customer negligence resulting in damage, actual repair costs shall be billed to the customer. Where a stillage is unrepairable or badly damaged, the cost of a comparable stillage shall be billed to him.
Damage to stillages shall be reported on the return voucher and signed for at the first opportunity by the customer.
Stillages should be clearly named and numbered.
12. Delayed delivery
If within 10 working days of the delivery date finally agreed the customer asks for delivery of the order to be delayed, the return charge period shall commence no later than 42 calendar days AFTER the delivery date last agreed.
13. Frost-delay and holiday periods
Where at least five consecutive days are officially lost due to frost-delay or during holiday periods, no return charge shall be made.