Algemene voorwaarden

Document AGB-2026 · Version 2.0 · As of: 06.08.2026

Replaces the version of 01 December 2020 (Version 1.0).

Non-binding translation. Only the German language version of these General Terms and Conditions is authoritative. This English version is provided for convenience. In the event of any contradiction or discrepancy between this translation and the German version, the German version prevails (Part A § 16 (3)).

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Structure of these GTC

These GTC consist of three parts and the Annexes:

• Part A — General Terms of Use. Applies to every User, irrespective of whether the User buys or sells.
• Part B — Terms of Sale. Applies where Pacurion sells to the User. There, the User is the Buyer.
• Part C — Terms of Purchase. Applies where the User sells to Pacurion. There, the User is the Seller.
• Annexes. Quality grades, reconditioning and purchase of mixed goods, Code of Conduct, declaration of conformity.

A User may both buy and sell. Upon registration the User agrees to all parts; Part B applies as soon as the User buys, Part C as soon as the User sells. No separate consent is required for this.

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Part A — General Terms of Use

§ 1 Scope and definitions

(1) Pacurion GmbH, Carl-Benz-Straße 31, 48734 Reken, Germany (hereinafter "Pacurion") operates a digital procurement platform for load carriers at www.pacurion.com (hereinafter the "Platform"). New, used and defective load carriers are traded via the Platform and supplementary services are provided.

(2) These GTC apply to the use of the Platform and to all contracts concluded between Pacurion and the User via the Platform.

(3) The Platform is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Use by consumers within the meaning of § 13 BGB is not permitted.

(4) These GTC apply exclusively. General terms and conditions, terms of purchase or other terms of the User do not become part of the contract, even if Pacurion does not expressly object to them and performs without reservation in knowledge of those terms. Deviating agreements apply only if Pacurion has consented to them in text form.

(5) For the purposes of these GTC:

• Load carrier (LC) — pallets, mesh boxes, plastic containers, stacking frames, lids and comparable load-carrying aids as well as load-securing equipment.
• User — any natural or legal person registered for the Platform.
• Seller — a User who sells load carriers to Pacurion (Part C).
• Buyer — a User who buys load carriers from Pacurion (Part B).
• A User may be both. The terms always designate the User, never Pacurion; Pacurion is referred to by name throughout.
• Sourcing Transaction — the contract of sale between the Seller and Pacurion.
• Sales Transaction — the contract of sale between Pacurion and the Buyer.
• Platform Use Agreement — the agreement on the use of the Platform pursuant to Part A.

(6) All designations are gender-neutral.

§ 2 Role of Pacurion, contractual structure

(1) In all transactions processed via the Platform, Pacurion is the central contracting party of both market sides and acts in its own name and for its own account. Pacurion concludes the Sourcing Transaction with the Seller and the Sales Transaction with the Buyer. Users do not conclude contracts with one another.

(2) Pacurion is neither an intermediary nor an agent of any User. These GTC do not establish any position as broker, agent or commission agent.

(3) Pacurion is not the manufacturer of the load carriers traded, does not operate its own production and does not place the goods on the market under its own name or trade mark. Pacurion does not maintain its own warehousing capacity. The goods are regularly delivered by way of drop shipment directly from the Seller to the place of receipt; how delivery is effected in an individual case is governed by § 5 of Part B and § 6 of Part C. Interim storage at a service provider remains possible in individual cases.

(4) The conclusion of the Platform Use Agreement does not give rise to any claim to the conclusion of contracts of sale.

(5) Where an individual agreement or a framework agreement exists between Pacurion and the User — in particular within the Prime service model — the provisions of that agreement take precedence over these GTC. In all other respects these GTC apply in addition.

§ 3 Registration, entrepreneur status, verification

(1) Use of the Platform requires registration. In doing so, the User provides truthful and complete information on its company, its authority of representation and its civil-law and tax data, and keeps such information up to date.

(2) By registering, the User warrants that it is an entrepreneur within the meaning of § 14 BGB and that it acts in the exercise of its commercial or independent professional activity.

(3) There is no entitlement to registration. Pacurion is entitled to refuse registration without stating reasons.

(4) The User consents to being verified by Pacurion before and during the business relationship, in particular with regard to identity, authority of representation, VAT registration, creditworthiness and the sanctions lists pursuant to § 11.

(5) Pacurion reserves the right to exclude competitors from use. Competitors are in particular undertakings that pursue or intend to pursue a comparable platform concept. Exclusion takes place following a case-by-case assessment and is notified to the User in text form.

§ 4 Access credentials

(1) The User receives access credentials consisting of an email address and a password. The User keeps the password secret and notifies Pacurion without undue delay of any loss or unauthorised use.

(2) Passing on access credentials to third parties is not permitted. Likewise not permitted is the use of one's own access credentials in order to obtain, for third parties, information on offers, sellers, contact details or sources of supply.

(3) Where unauthorised use or misuse is suspected, Pacurion is entitled to block access credentials. Pacurion notifies the User without undue delay of the blocking and the reason for it.

§ 5 Use of the Platform, availability, further development

(1) Use of the Platform in its basic scope is free of charge.

(2) Pacurion does not owe any particular availability of the Platform. Pacurion will endeavour to provide availability that is as uninterrupted as possible; maintenance work will be announced where possible.

(3) Pacurion is entitled to further develop the functional scope of the Platform, to adapt it technically, to change navigation and layout and to restrict or discontinue individual functions. Pacurion announces material restrictions of functions already in use in text form giving six weeks' notice.

(4) Pacurion assumes no warranty for the substantive accuracy of content posted by Users, in particular of offers and enquiries.

§ 6 Obligations of the User, impermissible use

(1) In connection with offers, enquiries and transactions, the User provides truthful and complete information, in particular as to type, quantity, condition, price validity and ability to deliver.

(2) The User retrieves messages sent to the registered email address regularly and promptly, checks them for accuracy without undue delay and raises objections without undue delay.

(3) The User ensures that content posted by it does not infringe any third-party rights, in particular no copyrights, trade marks or other intellectual property rights.

(4) Use of the Platform is not permitted for:

a) unsolicited messages, in particular spam, bulk enquiries and general advertising, as well as attempts to circumvent the Platform, for instance by transmitting telephone numbers or email addresses for the purpose of establishing direct contact; b) illegal purposes, false statements, deception or misleading conduct; c) the infringement of third-party rights, in particular personality rights, intellectual property or privacy; d) the entry of program code that impairs the functioning of terminal devices or of the software; e) content that obstructs, harasses or harms Pacurion or third parties, in particular calls for boycotts, chain letters, stalking, threats, insults, defamation, discrimination, expressions of hatred, disparagement of business, statements of a sexual nature and depictions of violence; f) content that violates applicable law or public morals.

§ 7 Intellectual property rights, database, automated extraction

(1) The content, structure and presentation of the Platform as well as the underlying database are protected and vest in Pacurion. They are made accessible to the User solely for the purpose of using the Platform in accordance with the contract.

(2) The automated extraction of the Platform or its database, in particular by screen scraping, web scraping, crawlers or comparable methods, is prohibited. Equally prohibited are the reproduction, distribution or making publicly available of substantial parts of the database as well as the repeated and systematic use of insubstantial parts.

(3) Price, offer and supplier data of the Platform are trade secrets within the meaning of the German Trade Secrets Act (GeschGehG). The User treats them as confidential and uses them exclusively for its own procurement or sales purposes.

(4) Pacurion expressly reserves the use of the content of the Platform for the purposes of text and data mining pursuant to § 44b of the German Copyright Act (UrhG). This reservation applies at the same time in machine-readable form.

(5) Pacurion is entitled to take technical measures to enforce these provisions, in particular access limitations and bot detection.

§ 8 Ratings

(1) Buyers may rate Sellers after a transaction has been carried out. Ratings are accessible to the Users of the Platform.

(2) Ratings may only be submitted by a party that has actually carried out a transaction with the rated Seller via the Platform. Pacurion ensures this by allocating the rating to the transaction.

(3) In ratings, the User makes exclusively truthful statements, formulates criticism objectively and does not post unlawful content.

(4) Pacurion publishes ratings unfiltered and does not sort them by rating score. No consideration is granted or demanded for the submission or amendment of ratings. Upon request, Pacurion explains how the overall rating displayed is calculated.

(5) Pacurion is entitled to remove ratings that are untrue, objectionable, insulting or unlawful for other reasons. The rated Seller may request a review; Pacurion decides on this within ten business days and gives reasons for its decision in text form.

(6) The User grants Pacurion the non-exclusive right, unlimited in time and territory, to make its ratings publicly accessible on the Platform. There is no entitlement to have a rating posted.

§ 9 Notices

(1) Pacurion may transmit notices to the User via the Platform or to the registered email address. Both are deemed receipt in text form.

(2) Declarations for which these GTC require text form may be made using the functions provided for this purpose on the Platform.

§ 10 Breaches of duty, blocking, indemnity

(1) If the User breaches obligations under these GTC, Pacurion is entitled to take the necessary measures, in particular to block use of the Platform temporarily or permanently. Pacurion notifies the User of the measure and the reason for it in text form and will take the severity of the breach into account when selecting the measure. The right to ordinary and extraordinary termination remains unaffected.

(2) In the event of inactivity for more than twelve months, Pacurion may deactivate access upon prior notice with four weeks' notice. Reactivation is possible.

(3) The User indemnifies Pacurion against all third-party claims based on the User's culpable breach of obligations under these GTC. The indemnity covers the necessary costs of legal defence.

(4) Pacurion notifies the User without undue delay of claims asserted, gives the User the opportunity to comment and makes no acknowledgement and no settlement without the User's consent, unless the User fails to respond within a reasonable period.

§ 11 Sanctions and export control

(1) Both parties comply with the applicable sanctions, embargo and export control provisions of the European Union and the Federal Republic of Germany.

(2) The User notifies Pacurion without undue delay if the User itself, an undertaking controlling it or controlled by it, or one of its legal representatives is listed on a relevant sanctions list.

(3) Where sanctions, embargo or export control provisions preclude the performance of a contract, Pacurion is entitled to refuse performance and to withdraw from the contract. No claims of the User arise from this. Pacurion notifies the User without undue delay.

(4) Obligations under this provision do not exist to the extent that their fulfilment would violate Regulation (EC) No 2271/96 (EU Blocking Regulation).

§ 12 Liability

(1) Pacurion is liable without limitation in cases of intent, gross negligence on the part of its legal representatives and senior executives, injury to life, body or health, fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act (ProdHaftG).

(2) Gross negligence of other vicarious agents. In the event of gross negligence on the part of vicarious agents who are neither legal representatives nor senior executives, Pacurion's liability is limited in amount to EUR 100,000 per occurrence of loss. The grounds and the nature of liability remain unaffected; liability is not excluded. This paragraph applies independently; its invalidity leaves the remaining paragraphs unaffected.

(3) In the event of ordinary negligence, Pacurion is liable only for the breach of a material contractual obligation. Material contractual obligations are those obligations the fulfilment of which is a prerequisite for the proper performance of the contract in the first place and on the observance of which the User regularly relies and may rely.

(4) In the cases of paragraph 3, liability is limited to the loss typical for the contract and foreseeable, but in any event to a maximum of EUR 100,000 per occurrence of loss.

(5) Several losses based on the same uniform set of facts are deemed one occurrence of loss. No annual aggregate limit applies.

(6) In the event of ordinary negligence, Pacurion is not liable for lost profit and not for indirect loss, unless a case under paragraph 1 applies.

(7) Paragraphs 1 to 6 apply to all claims on whatever legal grounds, including claims against Pacurion's legal representatives and vicarious agents.

(8) Pacurion is not liable for damage that Users cause to one another and not for malicious software introduced into the Platform by Users. The User is liable for ensuring that it does not transmit malicious software.

(9) The foregoing provisions do not entail any change in the burden of proof to the detriment of the User.

§ 13 Term and termination of the Platform Use Agreement

(1) The Platform Use Agreement is concluded for an indefinite period.

(2) Either party may terminate the Platform Use Agreement in text form giving four weeks' notice to the end of the month. The right to extraordinary termination for cause remains unaffected.

(3) Termination of the Platform Use Agreement leaves contracts of sale already concluded unaffected. These are performed in accordance with Parts B and C.

§ 14 Amendments to these GTC

(1) Pacurion may amend these GTC where there is a valid reason to do so. Valid reasons are exclusively:

a) adaptation to a change in the law or in supreme court case law; b) adaptation to a change in technical or organisational processes of the Platform; c) the introduction of new functions or services; d) the elimination of a gap in the provisions or of an ambiguity.

(2) The principal performance obligations, the remuneration structure including the margin, and the relationship between performance and consideration cannot be amended by this route.

(3) Pacurion offers the amendment to the User in text form at least six weeks before the proposed date on which it is to take effect, states the valid reason therein and sets out the amendments against the version in force.

(4) The User may object to the amendment in text form up to the proposed date on which it is to take effect. If the User does not object, its consent is deemed granted. Pacurion draws attention to this legal consequence and to the User's right of objection separately and prominently in the offer of amendment.

(5) If the User objects, it may terminate the Platform Use Agreement without notice and free of charge up to the proposed date on which the amendment is to take effect. If the User objects without terminating, the agreement continues on the previous terms; in that case Pacurion may terminate the Platform Use Agreement by ordinary termination pursuant to § 13 (2).

(6) Amendments to the Annexes are governed by § 15.

§ 15 Annexes

(1) The Annexes to these GTC specify technical and processing-related details, in particular quality grades and the reconditioning process. They apply in the version published on the Platform at the time the contract on the respective transaction is concluded.

(2) For contracts of sale already concluded, the version of the Annexes in force at the time of their conclusion remains authoritative. A subsequent amendment to the Annexes has no retroactive effect on them.

(3) Amendments to the Annexes are announced on the Platform two weeks before taking effect. § 14 (2) applies accordingly.

(4) In the event of contradictions between Parts A to C and an Annex, Parts A to C prevail.

(5) Annexes 1 and 2 are generally available on the Platform for retrieval and download. Annexes 3 and 4 concern Sellers exclusively and apply only to Part C; Pacurion makes them available to the Seller for retrieval and download in the protected area of the Platform and transmits them to the Seller in text form upon request. They do not apply to Buyers.

§ 16 Applicable law, place of jurisdiction, final provisions

(1) These GTC and the entire business relationship between the User and Pacurion are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of and in connection with the business relationship is the registered seat of Pacurion GmbH, provided that the User is a merchant, a legal entity under public law or a special fund under public law. Pacurion is also entitled to bring proceedings at the User's general place of jurisdiction.

(3) Where Pacurion makes translations of these GTC available, the German language version remains authoritative in the event of contradictions or discrepancies.

(4) Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

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Part B — Terms of Sale

Applies to contracts of sale in which Pacurion sells load carriers to the User (Buyer). Part A applies in addition.

§ 1 Scope

(1) This Part applies to all contracts of sale in which Pacurion sells load carriers to the Buyer, and to related services.

(2) In the event of contradictions, the provisions of this Part prevail over those of Part A.

§ 2 Conclusion of contract, instant purchase, pricing errors

(1) Enquiries by the Buyer on the Platform are non-binding and do not give rise to any claim to the conclusion of a contract of sale. The Buyer may withdraw an enquiry up until conclusion of the contract.

(2) The contract of sale is concluded

a) in the negotiated procedure, by Pacurion's order confirmation in text form, or b) in the case of instant purchase, by the Buyer's acceptance of the price displayed on the Platform. The instant purchase price displayed is a binding offer by Pacurion.

(3) After conclusion of the contract there is no right of withdrawal or cancellation outside the statutory cases. If Pacurion accepts a cancellation in an individual case, it does so as a goodwill gesture and this creates no entitlement for the future.

(4) Where a displayed price is based on an obvious error of declaration, transmission or calculation, Pacurion's right of avoidance under the statutory provisions remains unaffected. Pacurion will declare the avoidance without undue delay after becoming aware and will offer the goods to the Buyer at the correct price. An error is obvious if the price displayed is strikingly disproportionate to the customary market price.

(5) The Buyer checks the order confirmation without undue delay, in particular with regard to type, quantity, quality grade, price and delivery date, and notifies deviations without undue delay in text form.

(6) Reservation of credit assessment. Delivery on account is subject to the condition that sufficient cover exists for the Buyer under Pacurion's trade credit insurance. Pacurion obtains the confirmation of cover after conclusion of the contract and notifies the Buyer of the outcome without undue delay. The details are governed by § 6 (6).

§ 3 Condition and quality grades

(1) The condition of the load carriers is determined by the quality grade stated in the order confirmation pursuant to Annex 1 and by expressly agreed characteristics. The quality grade is an agreement on quality within the meaning of § 434 (2) BGB. Irrespective of the quality grade, the load carriers meet the minimum functional requirements pursuant to Annex 1 and are suitable for their intended use in transport.

(2) Statements in catalogues, product descriptions, illustrations and advertising material are descriptions and not guarantees of quality. This also applies to statements on nominal load, wood moisture content and suitability for automated conveying and storage systems in Annex 1: they are agreements on quality, not guarantees within the meaning of § 443 BGB. Pacurion assumes a guarantee only if it is expressly designated as such in text form.

(3) In the case of used load carriers, deviations in colour, grain, wood moisture content, soiling and marking resulting from production, use and repair, as well as replaced components, do not constitute defects to the extent that they correspond to the agreed quality grade.

(4) A particular origin, a particular manufacturer or a particular year of production is owed only if expressly agreed.

(5) If the load carriers are intended for contact with foodstuffs or for other special purposes of use, the Buyer notifies this before conclusion of the contract. In the absence of such notification, Pacurion does not owe any suitability relating thereto.

(6) Where load carriers are manufactured according to a drawing or specification provided by the Buyer, the condition is determined by that specification. § 11 (6) applies to the Buyer's responsibility for the specification.

§ 4 Quantity, counting, basis of invoicing

(1) The number of units confirmed on the delivery note countersigned by the recipient is authoritative for invoicing. Other records, in particular entries on the Platform, are subordinate.

(1a) Pacurion issues the invoice as soon as the countersigned delivery note or the Seller's invoice is available. If a countersigned delivery note received later deviates from the quantity invoiced, the delivery note prevails; Pacurion corrects the invoicing by credit note or supplementary invoice. The claim to the purchase price otherwise remains unaffected.

(2) Invoicing is based on the quantity actually delivered. There is no quantity tolerance.

(3) With invoicing based on the quantity actually delivered, payment claims in respect of the short quantity are settled. Claims of the Buyer in respect of the short quantity are otherwise limited to subsequent delivery of the short quantity; § 12 of Part A applies to claims for damages. Paragraph 5 remains unaffected.

(4) If more than the agreed quantity is delivered, the Buyer is not obliged to accept the excess quantity. The Buyer should accept it where possible. If the Buyer accepts it, it is invoiced at the agreed unit price. If the Buyer does not accept it, Pacurion arranges for its return; no costs for this are charged to the Buyer. The Buyer notes the rejected excess quantity on the delivery note.

(5) The Buyer notifies complaints regarding the number of units within 24 hours of receipt of the goods in accordance with § 8 and substantiates them by a counting record and photographs. After expiry of the period, the number of units confirmed on the countersigned delivery note is deemed correct. This does not apply in cases of intent or fraudulent concealment.

§ 5 Delivery, partial delivery, passing of risk

(1) The manner of delivery is agreed for each order. The following are possible:

a) Delivery by the Seller — the Seller organises transport and delivers by way of drop shipment directly to the place of receipt designated by the Buyer; b) Delivery by Pacurion — Pacurion organises transport; c) Collection by the Buyer — the Buyer collects the goods at the agreed location.

(2) The applicable delivery term is stated in the order confirmation. If it is missing, the following applies:

• in the cases of paragraph 1 letters a and b, DAP (named place of destination) under Incoterms 2020; unloading is the responsibility of the Buyer;
• in the case of paragraph 1 letter c, EXW (named place) under Incoterms 2020; loading, costs and risk from the time of provision are borne by the Buyer.

(2a) In the case of collection by the Buyer, risk passes upon handover to the Buyer or to the carrier engaged by the Buyer. The Buyer or the carrier engaged by the Buyer confirms receipt on the delivery note; § 4 (1) remains unaffected.

(3) Delivery dates and delivery periods are binding if they have been agreed as binding in text form. Otherwise they are anticipated dates; Pacurion notifies foreseeable delays without undue delay, stating the reason and the anticipated duration. The Buyer's statutory rights in respect of default remain unaffected.

(4) Partial deliveries are permissible to the extent that they are reasonable for the Buyer. Each partial delivery is deemed a separate delivery; invoicing is effected pursuant to § 4.

(5) If the Buyer does not accept the goods on the agreed date or does not make the place of receipt available, the price risk and the resulting additional costs pass to the Buyer.

(6) The Buyer ensures that the place of receipt can be approached by customary transport vehicles and that unloading is possible without unreasonable waiting time.

§ 6 Prices, payment, default, set-off

(1) All prices are net prices plus value added tax at the applicable rate.

(2) Invoicing is effected in euro immediately after delivery exclusively by electronic means. For this purpose the Buyer designates an email address or an electronic receipt channel and keeps this information up to date. No dispatch by post takes place.

(3) The payment term is agreed individually. If nothing is agreed, the purchase price is due within 7 days of receipt of the invoice without deduction.

(4) In the event of default in payment, the Buyer owes default interest at the statutory rate. The assertion of further loss is reserved.

(5) The Buyer may set off only against counterclaims that are undisputed, established by final and binding judgment or ready for decision, or that arise from the same contractual relationship. A right of retention is available to the Buyer only under the same conditions.

(6) Credit assessment and advance payment. Pacurion delivers on account to the extent that sufficient cover exists for the Buyer under Pacurion's trade credit insurance. The following applies:

a) Pacurion obtains the confirmation of cover after conclusion of the contract and notifies the Buyer without undue delay in text form whether it is available. b) If no cover or insufficient cover is available, Pacurion may make delivery conditional on advance payment, in the case of partial cover in the amount of the uncovered portion. The agreed price remains unchanged. c) Pacurion sets the Buyer a reasonable period of at least five business days for the advance payment. Until receipt of payment, Pacurion is not obliged to perform; delivery dates are postponed accordingly. d) Within the period pursuant to letter c, the Buyer may instead provide other reasonable security, in particular a bank guarantee. e) If the Buyer provides neither advance payment nor security, both parties may withdraw from the contract. In that case the Buyer has no claims in respect of non-delivery, unless Pacurion caused the absence of cover or a delayed obtaining of the confirmation of cover intentionally or through gross negligence. Pacurion refunds payments already made without undue delay. f) Letter b does not apply if the absence of cover is based on circumstances that lie neither in the person nor in the financial situation of the Buyer and that were already known to Pacurion at the time the contract was concluded.

(7) Irrespective of paragraph 6, Pacurion may make outstanding deliveries conditional on advance payment or the provision of security if, after conclusion of the contract, circumstances become known that call the Buyer's solvency significantly into question, and may withdraw from the contract after a reasonable period has expired without result (§ 321 BGB).

§ 7 Retention of title

(1) The load carriers delivered remain the property of Pacurion until the purchase price has been paid in full (Reserved Goods).

(2) The Buyer is entitled to resell the Reserved Goods in the ordinary course of business. The Buyer hereby assigns to Pacurion by way of security the resulting claims against its customers in the amount of the purchase price agreed with Pacurion. Pacurion accepts the assignment.

(3) The Buyer remains authorised to collect the assigned claims for as long as it meets its payment obligations towards Pacurion. Pacurion will revoke the authorisation to collect only if the Buyer falls into default in payment or an application for the opening of insolvency proceedings is filed.

(4) If the realisable value of the securities exceeds the secured claims by more than 10 per cent, Pacurion releases securities of its own choice at the Buyer's request.

(5) The Buyer notifies third-party access to the Reserved Goods without undue delay and informs the third party of Pacurion's rights.

(6) If the Reserved Goods are located in a state whose law does not recognise retention of title in this form, the Buyer cooperates in the creation of equivalent security under the law of the place where the goods are located and issues the declarations required for this purpose.

§ 8 Inspection and notice of defects

(1) The duty of inspection and notification pursuant to § 377 of the German Commercial Code (HGB) applies subject to the following provisions. The procedure is further governed by Pacurion's Complaints Policy in the version published on the Platform at the time the contract on the respective transaction is concluded. The Complaints Policy does not create any duties of the Buyer going beyond this section; in the event of contradictions, this section prevails.

(2) Complaints identifiable on delivery — deviations in the number of units, transport damage, identifiable breakages, soiling, moisture and deviations from the agreed quality grade — must be notified to Pacurion in text form within 24 hours of delivery at the place of receipt (receipt of the goods).

(3) Latent defects must be notified in text form within 24 hours of discovery, at the latest until expiry of the limitation period pursuant to § 9.

(4) If receipt of the goods or discovery falls on a Saturday, Sunday or public holiday at the place of receipt, the period pursuant to paragraph 2 or 3 begins on the next business day.

(5) Notification is made using the function provided for this purpose on the Platform or to the address stated in the Complaints Policy. It contains:

a) the order or delivery note number; b) the ground of complaint (qualitative, quantitative or transport damage); c) the quantity and number of load carriers affected; d) photographs as detail and overview shots, and in the case of transport damage additionally of the vehicle and the load securing; e) the remedy requested.

(6) The Buyer keeps the goods complained of available for inspection in unaltered condition until the examination is completed, but for no longer than ten business days after notification.

(7) If the Buyer misses a period pursuant to paragraph 2 or 3, the goods are deemed approved in that respect. This does not apply in cases of intent or fraudulent concealment of a defect, nor in the cases of § 12 (1) and (2) of Part A.

§ 9 Warranty

(1) In the case of new load carriers, the statutory rights in respect of defects apply, subject to the proviso that the limitation period is one year from delivery. Claims pursuant to § 12 (1) and (2) of Part A, claims in respect of fraudulently concealed defects and the statutory periods of §§ 438 (1) no. 2, 445b, 634a (1) no. 2 BGB remain unaffected.

(2) In the case of used load carriers, the statutory rights in respect of defects apply, subject to the proviso that the limitation period is one year from delivery. There is no defect to the extent that the goods correspond to the agreed quality grade pursuant to Annex 1; § 3 (3) remains unaffected. Paragraph 1 sentence 2 applies accordingly. § 12 of Part A applies to claims for damages.

(3) In the case of a justified notice of defects, Pacurion provides subsequent performance at its option by replacement delivery or repair. If subsequent performance fails twice, the Buyer is entitled to the statutory rights.

(4) Returns and collections require prior coordination with Pacurion.

§ 10 Product liability, naming of the upstream supplier

(1) Pacurion is not the manufacturer of the load carriers delivered within the meaning of § 4 (1) of the German Product Liability Act (ProdHaftG) and does not place them on the market under its own name or trade mark.

(2) At the Buyer's request, Pacurion names within one month the supplier that supplied the goods concerned to Pacurion (upstream supplier), including address and allocation to the specific delivery.

(3) Pacurion hereby assigns to the Buyer the claims to which Pacurion is entitled against the upstream supplier on account of a defect in the goods, in lieu of performance and to the extent that the Buyer is itself affected. The Buyer accepts the assignment. The Buyer will first attempt to pursue the upstream supplier; the Buyer's rights against Pacurion pursuant to § 9 and § 12 of Part A remain unaffected thereby.

(4) Claims against the manufacturer under the Product Liability Act remain unaffected.

§ 11 Conformity documents, preferential origin proofs

(1) The declaration of conformity for customers as amended from time to time, available on the Platform, applies to product-related legal provisions and to Pacurion's approach. It is information on the legal position and state of knowledge at the time it was prepared. It does not constitute an agreement on quality, an assurance or a guarantee; the condition of the goods is determined exclusively by § 3.

(2) Pacurion does not carry out its own inspection of the goods for conformity with product-related provisions and does not owe such an inspection.

(3) At the Buyer's request, Pacurion requests the producer's conformity documents from its supplier and forwards them to the Buyer to the extent that Pacurion receives them and is entitled to pass them on. What is owed is the requesting and the forwarding, not the procurement of the documents. The producer is not legally obliged to release them to distributors or their customers; Pacurion has no access to the producer to the extent that the supplier is not itself the producer.

(4) Pacurion makes preferential origin proofs, in particular supplier's declarations on preferential origin, available upon request to the extent that the requirements are met and the necessary information from the upstream supplier is available. No undertaking to issue them is given.

(5) Further requirements of the Buyer as to certificates, tests or documentation require a separate agreement.

(6) Load carriers made to the Buyer's specifications. If the Buyer provides a technical drawing, a design specification or any other specification for manufacture, the Buyer bears responsibility for its interpretation, accuracy and completeness. Pacurion forwards the specifications to the producer and examines them neither for technical suitability nor for compatibility with product-related legal provisions.

For load carriers manufactured according to such specifications, Pacurion provides the EU declaration of conformity of the producing operation; paragraph 3 otherwise applies accordingly.

If a non-conformity of the goods with product-related legal provisions is based on the Buyer's specification, the Buyer indemnifies Pacurion against third-party claims, fines and official measures arising therefrom.

§ 12 Force majeure

(1) Events of force majeure release both parties from their performance obligations for the duration of the disruption and to the extent of its effect. Force majeure includes in particular natural disasters, war, terrorist attacks, epidemics and pandemics, acts of public authority, shortages of energy and raw materials, cyber attacks, industrial action in one's own or in a third party's operation and transport disruptions — in each case to the extent that they are unforeseeable and cannot be averted by reasonable measures.

(2) The affected party notifies the other without undue delay and endeavours to provide a remedy.

(3) If the disruption lasts longer than eight weeks, either party may terminate the contract concerned by declaration in text form. There are no further claims.

(4) Mere procurement difficulties and price increases do not in themselves constitute force majeure.

§ 13 Applicable law

§ 16 of Part A applies to this Part. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

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Part C — Terms of Purchase

Applies to contracts of sale in which the User (Seller) sells load carriers to Pacurion. Part A applies in addition.

§ 1 Scope, position of the Seller

(1) This Part applies to all contracts of sale in which the Seller sells load carriers to Pacurion, and to related services. It also applies where the Seller otherwise acts as Buyer; whoever sells used or defective load carriers to Pacurion is, in that respect, a Seller within the meaning of these GTC.

(2) In the event of contradictions, the provisions of this Part prevail over those of Part A.

(3) The Seller warrants that it is the owner of the load carriers offered or is entitled to dispose of them.

§ 2 Offers, conclusion of contract, cancellation

(1) Offers of the Seller on the Platform are non-binding until they are accepted by Pacurion. The Seller may withdraw an offer up until acceptance by Pacurion.

(2) The contract of sale is concluded by Pacurion's confirmation in text form.

(3) After conclusion of the contract there is no right of withdrawal or cancellation outside the statutory cases.

(4) If a price stated by the Seller or any other statement is based on an error, the Seller notifies this without undue delay in text form. If the Seller fails to give notice and a valid contract of sale is concluded, the statement made applies. The statutory right of avoidance remains unaffected.

§ 3 Information, documents, master data

(1) The Seller provides truthful and complete information on the type, quantity, quality grade, origin and condition of the load carriers offered.

(2) The Seller uploads the documents required for the business relationship to the master data area of the Platform and keeps them up to date. These include in particular trade and register certificates, VAT details, licence proofs pursuant to § 5, the declaration of conformity pursuant to Annex 4 and the Code of Conduct pursuant to Annex 3.

(3) If the Seller does not comply with a request by Pacurion to submit documents within ten business days, Pacurion may exclude the Seller from participation in enquiries until compliance.

§ 4 Condition, marketability

(1) The Seller delivers load carriers in the agreed quality grade pursuant to Annex 1.

(2) The Seller warrants that the load carriers delivered are marketable in the European Union and in the agreed country of destination and comply with the applicable product-related provisions.

(3) The Seller inspects the load carriers before loading. If this reveals a deviation in type, quantity, loading or condition, the Seller notifies Pacurion without undue delay so that the terms can be adjusted or the delivery refused.

§ 5 Licences, EPAL and UIC

(1) Load carriers are offered, designated or delivered as EPAL or UIC goods only if a valid licence exists for this. The Seller evidences the licence number upon request.

(2) Repairs to licensed goods are carried out exclusively by an operation licensed for this purpose. Repairs restore the relevant specification; no re-marking under the name or trade mark of the repairing operation or of a third party takes place.

(3) The Seller indemnifies Pacurion against all claims based on a breach of paragraph 1 or 2, including claims under trade mark and competition law.

§ 6 Delivery, transport, delivery note

(1) The manner of delivery is agreed for each order. The following are possible: delivery by the Seller to the place of receipt designated by Pacurion, organisation of transport by Pacurion, and collection at the Seller's premises. If nothing is agreed, the Seller is responsible for transport and delivers directly to the place of receipt designated by Pacurion.

(1a) If the Seller delivers and no deviating delivery term is agreed, DDP (named place of destination) under Incoterms 2020 applies. Customs duties, import VAT and other import charges are accordingly borne by the Seller and are included in the agreed price. If Pacurion assumes these charges in an individual case, this requires an express agreement; in that case the Seller designates Pacurion to the customs authority as declarant and hands over the import documents to Pacurion.

(2) The Seller records the number of units loaded on the Platform. This record serves processing purposes.

(3) The basis of invoicing is the number of units confirmed on the Pacurion delivery note countersigned by the recipient. If it deviates from the record pursuant to paragraph 2, the delivery note is authoritative.

(4) If the Seller delivers (§ 6 (1) sentence 1 case 1), it forms part of the Seller's delivery obligations to obtain the recipient's receipt for the delivery and to transmit the countersigned delivery note to Pacurion — the Seller carries out the delivery and therefore controls this. Transmission is effected without undue delay, at the latest within three business days of delivery, via the Platform.

(4a) If the recipient refuses to give a receipt, the Seller documents this without undue delay stating the time, place and reason, and notifies Pacurion. Pacurion clarifies the matter with the recipient.

(4b) If Pacurion organises transport or the Buyer collects from the Seller, procuring proof of delivery is not incumbent on the Seller. In that case the following applies:

a) the Seller has the collecting carrier or Buyer confirm receipt on the delivery note and transmits this confirmation in accordance with paragraph 4; b) Pacurion procures the proof of delivery to the recipient. For the purchase price to fall due pursuant to § 8 (4), the confirmation of receipt pursuant to letter a is then sufficient.

(5) Agreed delivery dates are binding. If the Seller recognises that it cannot meet a date, it notifies this without undue delay, stating the reason and the anticipated duration.

(6) Excess delivery. The Seller does not deliver more than the agreed quantity. If it nevertheless delivers more, the following applies:

a) Pacurion is not obliged to accept or to pay for the excess quantity. The recipient is likewise not obliged to accept it (§ 4 (4) of Part B). b) If the recipient does not accept the excess quantity, the Seller takes it back at its own cost and risk within five business days of being requested to do so. c) If the Seller fails to comply, Pacurion may store, return or, upon prior notice, realise the excess quantity at the Seller's expense. d) The Seller bears all additional costs caused by the excess delivery, in particular freight, unloading, demurrage, storage and return costs as well as expenses that Pacurion must reimburse to the recipient. e) If the recipient accepts the excess quantity, it is remunerated to the Seller at the agreed unit price.

§ 7 Transfer of title in drop shipment

(1) The Seller transfers title to the load carriers to Pacurion free of third-party rights.

(2) If the Seller delivers directly to a third party on Pacurion's instruction, it transfers title to Pacurion; handover to the third party is effected on Pacurion's direction. The Seller agrees that Pacurion acquires title directly and may transfer it onward to its Buyer at the same time.

(3) An extended or expanded retention of title of the Seller or of its upstream suppliers does not preclude Pacurion's acquisition of title and is not recognised to the extent that it would impair resale by Pacurion in the ordinary course of business. A simple retention of title until payment of the agreed purchase price remains permissible.

(3a) The Seller hereby authorises Pacurion pursuant to § 185 BGB to dispose of the goods in the ordinary course of business and to transfer title to its Buyer. A retention of title of the Seller does not preclude the Buyer's acquisition of title from Pacurion. The Seller's claim to the purchase price remains unaffected.

(4) The Seller notifies Pacurion without undue delay of third-party rights in the goods that may preclude acquisition or resale.

§ 8 Purchase price, invoice, payment

(1) The purchase price results from the agreed price and relates to the number of units authoritative pursuant to § 6 (3).

(2) After delivery, the Seller issues Pacurion an invoice that meets tax requirements and states the order number and the delivery note number.

(3) The payment term is agreed individually. If nothing is agreed, Pacurion pays within 30 days of receipt of the invoice.

(4) The purchase price falls due as soon as, in addition to the invoice, the proof pursuant to § 6 (4) or (4b) is available. If the absence of the proof is based on a circumstance for which the Seller is not responsible and the Seller has given notice of this pursuant to § 6 (4a), an equivalent document takes its place, in particular the carrier's proof of delivery, the consignment note or a confirmation of the recipient via the Platform.

(5) Pacurion may set off against due counterclaims and withhold payments to the extent that the statutory requirements are met.

(6) If a countersigned delivery note received later deviates from the quantity invoiced, the delivery note prevails; the invoicing is corrected by credit note or supplementary invoice. This applies as the mirror image of § 4 (1a) of Part B.

§ 9 Defects, notice, limitation, recourse

(1) Pacurion notifies defects within five business days of discovery. If Pacurion is pursued by a Buyer on account of a defect, the notice is deemed timely if it is given within five business days of receipt of the Buyer's notice of defects.

(2) The limitation period for Pacurion's claims in respect of defects against the Seller is two years for new goods and one year for used goods from delivery. The statutory provisions of §§ 445a, 445b BGB on the suspension of expiry in supplier recourse remain unaffected and are not excluded.

(3) If a Buyer pursues Pacurion on account of a defect, the Seller reimburses Pacurion the expenses necessary for performance, in particular transport, travel, labour and material costs as well as the costs of sorting out and replacement.

(4) The Seller gives Pacurion the opportunity to examine the complaint jointly. If the Seller does not comply with a request to examine within five business days, Pacurion may take the necessary measures itself at the Seller's expense.

§ 10 Product liability, naming of the upstream supplier

(1) If the Seller is not itself the manufacturer of the goods delivered, it names to Pacurion upon request within two weeks the manufacturer or the party that supplied the goods to it, in each case with address and allocation to the specific delivery.

(2) The Seller keeps records of the allocation delivery — batch — upstream supplier for a period of ten years from delivery and provides Pacurion with information upon request.

(3) The Seller indemnifies Pacurion against third-party claims based on a defect in the goods delivered, to the extent that the cause lies within its sphere of responsibility or that of its upstream suppliers. The indemnity covers the necessary costs of legal defence.

(4) Throughout the business relationship, the Seller maintains general and product liability insurance with a sum insured of at least EUR 3,000,000 lump sum for personal injury and property damage per occurrence of loss and evidences it to Pacurion upon request by an insurance confirmation. The Seller notifies any change or termination of insurance cover without undue delay. The Seller's liability is not limited in amount to the sum insured.

§ 11 Conformity and sustainability

(1) The Seller submits the declaration of conformity pursuant to Annex 4 and keeps it up to date. Its provisions form part of the contract; the declarations made and obligations assumed therein apply as contractual obligations of the Seller towards Pacurion. Without a valid declaration, the Seller does not participate in enquiries.

(2) The Seller acknowledges the Code of Conduct pursuant to Annex 3.

(3) Preferential origin. Upon Pacurion's request, the Seller issues within ten business days a supplier's declaration on the preferential origin of the goods delivered in accordance with the customs provisions applicable from time to time, to the extent that the requirements for this are met. If they are not met, the Seller notifies this stating the reason. The Seller retains the underlying evidence for the period prescribed by law and vouches for the accuracy of its statements.

(4) Origin of goods and customs tariff. Upon request, the Seller states the non-preferential origin and the customs tariff number of the goods delivered.

(5) Origin of wood. For wood and wood products, the Seller warrants that these do not originate from Russia or Belarus and were not processed there, and evidences the origin upon request. This also applies to components used in the course of a repair or reconditioning.

(6) Goods made to drawing or specification. If the Seller manufactures goods according to a technical drawing or a specification provided to it by Pacurion or via Pacurion, it notifies this before the first delivery. It names who is the producer within the meaning of Art. 3 no. 13 of Regulation (EU) 2025/40 and submits the EU declaration of conformity of the producing operation; without this declaration no order comes into effect. Upon request, it provides the information and documents pursuant to Art. 16 of Regulation (EU) 2025/40 that are required for the preparation of technical documentation pursuant to Annex VII thereto. Section 2.10 of the declaration of conformity pursuant to Annex 4 remains unaffected.

§ 12 Reconditioning, purchase of mixed or unsorted goods

(1) If Pacurion purchases load carriers whose allocation to the grades of Annex 1 is not determined at the time the contract is concluded, or if Pacurion delivers reconditioned goods in return, Annex 2 applies in addition. It governs the legal classification, the process, the classification pursuant to Annex 1, the sorting report including the objection period, and the remuneration.

(2) In all other respects, § 4 and § 9 continue to apply to the purchase of goods of a specific grade.

§ 13 Indemnity

(1) The Seller indemnifies Pacurion against all third-party claims, fines and official measures based on the Seller's culpable breach of obligations under this Part or under Annex 3 or Annex 4. The indemnity covers the necessary costs of legal defence.

(2) § 10 (4) of Part A applies accordingly.

§ 14 Force majeure, applicable law

(1) § 12 of Part B applies accordingly.

(2) § 16 of Part A applies to this Part. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

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Annexes

Provision is governed by § 15 (5) of Part A. Annex 1 and Annex 2 are attached to this document.

Pacurion's Complaints Policy applies in addition. It is not an Annex within the meaning of § 15 of Part A, but a separate document referred to in Part B § 8; the version published at the time the contract is concluded applies.

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Annex 1 to the GTC of Pacurion GmbH — Quality grades for load carriers

Document AGB-2026-A1 · Version 2.0 · As of: 06.08.2026

Numbering follows the GTC to which this Annex belongs.

Non-binding translation. Only the German language version of this Annex is authoritative. This English version is provided for convenience. In the event of any contradiction or discrepancy, the German version prevails (Part A § 16 (3) of the GTC).

Basis: Pacurion quality classes for Euro pallets, as of September 2025, based on the quality criteria of EPAL and UIC.

This Annex is an agreement on quality within the meaning of § 434 (2) of the German Civil Code (BGB). What is described here as permissible does not constitute a defect. The statements on nominal load, wood moisture content and suitability for automated systems are quality characteristics, not guarantees within the meaning of § 443 BGB.

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1. Application and structure

(1) This Annex determines the condition of the load carriers delivered and purchased by Pacurion. It applies equally to Part B (sale) and Part C (purchase and buy-back).

(2) Section 2 applies to Euro pallets (1200 × 800 × 144 mm) according to EPAL or EUR/UIC. Section 3 applies to all other load carriers.

(3) The grade stated in the order confirmation is authoritative. If no grade is stated, section 2.1 or 3.2 applies to new goods and Class B (section 2.3) applies to used Euro pallets; section 3.3 applies to other used load carriers.

(4) For a load carrier, all characteristics of the respective grade apply cumulatively. If it does not meet one characteristic, it belongs in the next lower grade.

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2. Euro pallets

2.0 Minimum functional requirements (apply to grades 2.1 to 2.4)

Irrespective of the grade agreed, every Euro pallet delivered meets the following:

Load carriers that do not meet the minimum functional requirements are not usable within the meaning of section 2.5 and are not a permissible delivery condition.

2.1 New

Condition: unused.

Available on request as UIC or as EPAL goods.

2.2 Class A

Condition: used, predominantly light in colour.

Lightness of colour alone does not justify allocation to a class.

2.3 Class B

Condition: used, predominantly dark in colour.

Class B differs from Class A solely in the darker colouring. Colouring alone does not justify allocation to a class.

2.4 Class C

Condition: used, predominantly dark in colour, heavy signs of use.

Expressly not agreed for Class C:

• any particular nominal load. Load-bearing capacity may be reduced as a result of the heavy signs of use;
• suitability for automated conveying and storage systems (MFH);
• suitability for exchange in pooling systems.

Class C meets the requirements for general use in transport. Anyone requiring a particular load-bearing capacity or automation capability agrees Class B or better.

2.5 Not usable / defective

A load carrier is not usable if one of the following characteristics is present:

• missing or broken blocks or boards;
• loose or crooked nails or severe damage;
• no EPAL, EUR or UIC logo — such load carriers are not exchangeable.

Load carriers that are not usable can only be used again after repair by a licensed Euro pallet operation. From three defective components onwards, a load carrier is as a rule deemed scrap.

2.6 Mixed qualities

Mixtures of New, Class A, B and C. The composition and the permissible degree of mixing are agreed in the individual case; without such an agreement the grade is not determined and therefore is not a permissible order condition.

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3. Other load carriers

Two grades apply to mesh boxes, plastic pallets and containers, one-way, pressed-wood, hygiene and chemical pallets, stacking frames, lids, boards, squared timber, OSB pallets and load-securing equipment. A class logic as for Euro pallets does not exist for these products, either at Pacurion or as a recognised market standard.

3.1 Minimum functional requirements (apply to both grades)

3.2 New

Unused, plus the minimum functional requirements pursuant to section 3.1 and the dimensions, materials and characteristics stated in the order confirmation.

3.3 Used

Already used. Signs of use, discolouration, surface moisture resulting from use and weathering as well as replaced components are permissible and do not constitute defects. The minimum functional requirements pursuant to section 3.1 apply.

Expressly not agreed for used goods pursuant to section 3.3: any particular nominal load, suitability for automated conveying and storage systems and suitability for exchange in pooling systems. Such characteristics require an express agreement.

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4. Special purposes of use

(1) Suitability for contact with foodstuffs, for cleanroom or pharmaceutical use or for other special purposes is owed only if expressly agreed. The Buyer notifies the intended use before conclusion of the contract.

(2) Wood moisture content and surface moisture are not the same thing. A load carrier can meet the requirement of a wood moisture content of not more than 22 % and nevertheless feel damp on the surface, for instance after exposure to weather. Anyone requiring dry surfaces — for example for cardboard packaging — agrees this separately.

(3) Wood moisture content is measured on the longitudinal surfaces of the board or block, not in the end grain and not at cut edges, at a distance of at least 150 mm from the ends and not along the same wood fibre.

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5. Amendments

This Annex applies in the version published on the Platform at the time the contract on the respective transaction is concluded. § 15 of Part A of the GTC applies accordingly.

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Annex 2 to the GTC of Pacurion GmbH — Reconditioning and purchase of mixed goods

Document AGB-2026-A2 · Version 2.0 · As of: 06.08.2026

Numbering follows the GTC to which this Annex belongs.

Non-binding translation. Only the German language version of this Annex is authoritative. This English version is provided for convenience. In the event of any contradiction or discrepancy, the German version prevails (Part A § 16 (3) of the GTC).

This Annex gives effect to § 12 of Part C. It governs the two cases in which the quality of the goods purchased is not yet determined at the time the contract is concluded and is only established at the reconditioner's premises.

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1. Scope of application and legal classification

(1) This Annex applies in two constellations:

• Reconditioning — the Seller hands over used or defective goods and receives reconditioned goods of a higher grade in return;
• Purchase of mixed or unsorted goods — the Seller hands over goods whose allocation to the grades of Annex 1 is not determined at the time the contract is concluded, and receives no goods in return.

Sections 2 to 5 apply in both cases. In particular, the sorting report pursuant to section 2.3 is the basis of invoicing in both cases.

(2) This Annex does not apply to the purchase of goods of a specific grade under Annex 1. There, the grade is the agreed condition; no sorting report is prepared, and § 9 of Part C applies to deviations.

(3) Reconditioning consists of two separate contracts of sale:

• Purchase — the Seller sells used or defective load carriers to Pacurion. Part C of the GTC applies to this contract.
• Sale — Pacurion sells reconditioned load carriers. Part B applies to this contract; in that respect the Seller is the Buyer.

There is no contract of exchange within the meaning of § 480 of the German Civil Code (BGB). In the case of the purchase of mixed or unsorted goods, only the first-mentioned contract exists.

(4) This does not constitute a service performed on load carriers belonging to the Seller. The load carriers collected pass into the ownership of Pacurion. There is no claim to the return of the same load carriers; reconditioned goods of the same kind are delivered.

(5) The reconditioning itself is carried out by a supplier of Pacurion. Pacurion does not recondition itself and does not place any load carriers on the market under its own name or trade mark.

(6) Both contracts are invoiced separately. Pacurion may net the claims.

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2. Process

2.1 Placing of the order

The Seller notifies the type and estimated quantity of the load carriers to be collected via the Platform, together with whether reconditioned goods are to be delivered back. The estimate is non-binding; invoicing is effected pursuant to section 3.

2.2 Collection

(1) Collection is carried out by Pacurion or by a third party engaged by Pacurion. If a return delivery is agreed, the sequence and timing are governed by the agreement in the individual case. Delivery concurrently with collection is not owed.

(2) Upon collection, the load carriers collected are recorded by quantity and the record is countersigned by the Seller. This record concerns exclusively the number of units, not the quality.

(3) § 4 and § 8 of Part B apply unchanged to the reconditioned goods delivered, in particular invoicing based on the number of units confirmed on the countersigned delivery note and the periods for notice of defects.

2.3 Sorting and classification

(1) The classification of the load carriers collected is carried out at the reconditioner's premises according to the grades of Annex 1.

(2) Pacurion makes a sorting report available to the Seller via the Platform. It contains:

a) reference to the collection (order or delivery note number, date, place of collection); b) the total number of units received; c) the allocation to the grades of Annex 1; d) the proportion of goods that are not usable pursuant to section 2.5 of Annex 1; e) photographs as overview and detail shots.

(3) If the number of units received at the reconditioner's premises deviates from the record made at collection, the countersigned record made at collection prevails.

2.4 Objection

(1) The Seller may object to the sorting report in text form within five business days of it being made available on the Platform. The objection must state reasons and should relate to the items complained of.

(2) After expiry of the period, the sorting report is deemed accepted and is the basis of invoicing. When making the report available, Pacurion draws attention separately and prominently to the period pursuant to paragraph 1 and to the legal consequence pursuant to sentence 1.

(3) In the event of a timely objection, Pacurion examines the matter together with the reconditioner and communicates the result in text form. Pending clarification, the reconditioner keeps the goods concerned available unaltered, to the extent that they are still present.

(4) Paragraph 2 does not apply in cases of intent or fraudulent concealment.

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3. Remuneration

(1) Remuneration is based on the quantity per grade established in the sorting report at the agreed prices. Prices per grade should be agreed before collection.

(2) Load carriers that are not usable within the meaning of section 2.5 of Annex 1 are not remunerated. Pacurion disposes of them or has them disposed of; no costs for this are charged to the Seller unless otherwise agreed.

(3) If the proportion of goods that are not usable is significantly higher than stated before collection, Pacurion may charge the costs of separate disposal if it has given prior notice of this and has given the Seller the opportunity to take the goods back.

(4) For mixtures without a prior price agreement per grade, the purchase price for the respective grade shown on the Platform at the time of collection applies.

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4. Obligations of the Seller upon collection

(1) The Seller provides the load carriers sorted by product type, stacked and accessible for loading. Sorting according to the grades of Annex 1 is not owed; it is carried out at the reconditioner's premises pursuant to section 2.3.

(2) Before collection, the Seller removes load residues, films, straps and labels to the extent that this is reasonable for it.

(3) The Seller ensures that there are no contaminated goods among the load carriers provided, in particular none that have come into contact with hazardous substances, chemicals or perishable residues. Such goods are not purchased; the Seller bears the costs of any special disposal required.

(4) The Seller warrants that it is entitled to dispose of the goods. Paragraph 5 applies to pooled or third-party load carriers that are subject to a third party's exchange system.

(5) Load carriers belonging to a third-party pooling or rental system may not be provided for purchase. If Pacurion identifies such goods, it segregates them and agrees the further course of action with the Seller.

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5. Deviating agreements

Individual agreements between Pacurion and the Seller, in particular on prices per grade, on the permissible degree of mixing, on collection intervals and on sorting procedures, take precedence over this Annex.

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6. Amendments

This Annex applies in the version published on the Platform at the time the contract on the respective transaction is concluded. § 15 of Part A of the GTC applies accordingly.