General Terms and Conditions

These terms of sale apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310, Paragraph 1 BGB. We only accept terms from the buyer that conflict with or deviate from our terms of sale if we expressly agree in writing to their validity.

These terms of sale also apply to all future transactions with the buyer, provided they are legal transactions of a related nature.

Individually concluded agreements with the buyer (including ancillary agreements, supplements, and amendments) always take precedence over these terms of sale. For the content of such agreements, a written contract or our written confirmation is authoritative, subject to contrary evidence.

Mandatory statutory provisions, in particular those of the HGB, take precedence over these GTC. Where these GTC contain no or only incomplete provisions, the General German Forwarding Conditions (ADSp) 2017 shall apply additionally, if Prowerb provides forwarding, freight, storage, or other services typically belonging to the forwarding trade for the customer.

The offers we have created are non-binding and subject to the quality-assured service and delivery of our subcontractors and suppliers at the prices indicated in the offer. Our offers can only be accepted immediately and without changes by the customer. Acceptances with changes to our offer are considered as a new offer by the customer. We reserve the right to reject an offer at any time and without giving reasons. Offers are based on a weekly working time of 39.5 hours, excluding additionally incurred overtime, night, Sunday, or public holiday work. These must in any case be remunerated separately.

The customer can accept our offers only immediately and without changes in content. Acceptances with changes constitute in any case a new offer from the customer. We reserve the right to reject this at any time and without giving reasons.

Deviating acceptance deadlines must be recorded in the contract.

Prowerb is authorized to commission subcontractors to provide the offered services.

The customer is obligated to notify Prowerb in a timely manner before contract conclusion of any changes, deadlines, and other requirements for our services. The customer is also obligated to inform Prowerb of existing or expected obstacles to performance insofar as these are known to them.

The basis for proper performance of services by Prowerb is the availability of all documents and/or information. The customer is obligated to provide these independently and without being asked. We assume the completeness and accuracy of the documents and/or information provided to us for service delivery.

If the customer fails to provide required cooperation, does not provide it on time, or does not provide it properly, the consequences arising from this (e.g., delays, additional expenses, damages, contributory negligence) must be borne by the customer.

Each party is obligated to treat all non-publicly available data and information confidentially and to use it exclusively for the intended purpose. Data and information may only be passed on to third parties (e.g., insurers, subcontractors) who need it in connection with the fulfillment of the contract. The same principles apply to the confidentiality of electronic data and information.

The obligation of confidentiality does not apply to data and information that must be disclosed to third parties, in particular authorities, due to legal obligations. The other party must be informed of this without delay.

Prowerb undertakes to comply with the applicable standards in accordance with the General Data Protection Regulation (GDPR).

Further information is provided in the privacy policy at www.prowerb.de.

The agreement on delivery dates or delivery periods, as well as type and scope, requires written form.

A prerequisite for the fulfillment of contracts concluded with us is correct and timely self-delivery. Any resulting impossibility of delivery releases us from our obligations toward our client, unless the impossibility of delivery is due to our own fault (intent or gross negligence). Force majeure also relieves us of the obligation to perform.

If a force majeure event occurs, we will inform the customer in a timely manner and are entitled to postpone the services for the duration of the impediment. Alternatively, we reserve the right to withdraw from the contract in whole or in part. Force majeure is equivalent to strikes, lockouts, government interventions, energy and raw material shortages, operational disruptions for which we are not responsible, such as damage caused by fire, water, and machinery, and all other impediments that, from an objective standpoint, have not been culpably caused by us, such as unforeseen traffic jams or traffic blockades.

If the client is in default of acceptance or culpably violates other cooperation obligations, Prowerb is entitled to demand compensation for the damage incurred to the extent, including any additional expenses. Further claims are reserved. If the above conditions are met, the risk of accidental loss or deterioration of the goods passes to the buyer at the time when the buyer fell into default of acceptance or default of payment.

Further statutory claims and rights of the buyer due to delayed delivery remain unaffected.