In a ruling, the Düsseldorf Regional Court clarified the conditions under which pallet exchange clauses in general terms and conditions (GTC) can be valid. In particular, the court addressed the requirements for compensation for pallet exchanges and the inclusion of GTC in commercial transactions.
Judgment of the Düsseldorf Regional Court
An obligation to exchange pallets can also be effectively established through general terms and conditions. This requires that compensation is provided for the pallet exchange; this does not need to be stated separately. For the inclusion of general terms and conditions in commercial transactions, a mere reference to their validity is sufficient; unsolicited transmission is not required. The decisive factor for effectiveness is the specific design in each individual case.
Conclusion
The Düsseldorf Regional Court ruled that an obligation to exchange pallets can also be validly established through general terms and conditions, provided that compensation for the exchange is provided for, which does not need to be separately disclosed. For general terms and conditions to apply in commercial transactions, a mere reference to their application is sufficient; unsolicited communication is not necessary. The decisive factor remains the specific wording of the clause in each individual case.
English 
German 
Dutch