General terms and conditions
The following general terms and conditions apply:
We have converted the existing certificate and adapted it to the additional requirements of the new standard. We work in accordance with the statutes of the DIN EN ISO 9001:2000 standard and exclusively on the basis of the German Freight Forwarders‘ Standard Terms and Conditions (ADSp), latest version, and the CMR (Convention relative au Contract de transport international de Marchandises par Route / Convention on the Contract for the International Carriage of Goods by Road). .
Intertrans GmbH is liable for direct damages resulting from the use of our online offer only in the case of intent and gross negligence on the part of Intertrans GmbH or its employees. Liability for consequential damage is excluded unless Intertrans GmbH has warranted the properties of its service in writing/by e-mail and the warranty was intended to protect the customer against the damage that has occurred.
In general, there is no claim to the constant availability of the online offer of Intertrans GmbH. Should the system not be available or not be available with the full scope of services for reasons for which Intertrans GmbH is not responsible or for maintenance reasons, Intertrans GmbH shall not be liable for any damage or consequential damage that a user may incur as a result.
The placing of an order with Intertrans GmbH shall only be deemed to have taken place after receipt of an electronic (by e-mail), written or telephone confirmation. Intertrans GmbH shall only be liable in the event of intent and gross negligence on the part of Intertrans GmbH or its employees for damage resulting from incorrect or non-delivery of the data.
Obstacles to performance/force majeure; COVID-19
- Scope of application; definition of the obstacle to performance
Impediments to performance which are not attributable to the sphere of risk of a contracting party shall release the contracting parties from their obligations to perform or cooperate to the extent specified in Clause 2 for the duration of the disruption and its effect on the respective sphere of responsibility. Such obstacles to performance include force majeure, riots, acts of war or terrorism, natural disasters, pandemics (e.g. COVID-19), epidemics, industrial action (strike, lockout, etc.), failures or restrictions on electronic data exchange caused by third parties, cyber-crime by third parties, blocking of transport routes and other unforeseeable, unavoidable and serious events. The Parties agree that legislative, regulatory, administrative and other measures implemented or ordered by governmental authorities in connection with the aforementioned obstacles to performance, as well as other impairments in this connection (e.g. lack of personnel, closures of national borders, areas and transhipment points, changed access regulations of the consignees) are obstacles to performance within the meaning of sentence 1.
- Obligations to perform and cooperate in the event of obstacles to performance
In the event of an impediment to performance within the meaning of Clause 1, the contracting party prevented from rendering its performance shall be obliged to inform the other party without delay; the Contractor shall also be obliged to obtain instructions from the Client. If the Client’s instructions cannot be obtained in time, cannot be carried out or cannot be carried out in a reasonable manner, the Contractor shall be entitled, taking into account the Client’s interests, to act in accordance with its dutifully exercised discretion and to inform the Client thereof as far as possible. In particular, the Contractor reserves the right to reject orders or instructions from the Client, to change its services in whole or in part after informing the Client, to modify its work processes or to take other necessary measures in order to adapt its business operations to the respective current situation.
Both parties shall endeavour to use all reasonable endeavours to mitigate the effects of any impediments to performance within the meaning of Clause 1 on the performance of this Contract. These mitigation measures include the closure of IT systems, sectors or segments thereof in the event of a threat or attack to information security. The Contractor shall no longer maintain restrictions on its performance under Clause 2 a. as soon as and to the extent that the impediment to performance and its consequences have been removed (including a reasonable start-up period). The Contractor cannot reasonably be expected to take measures that cause disproportionately high additional costs (e.g. comprehensive conversion from road transport to air freight), unless these are (i) operationally feasible, (ii) suitable to eliminate or at least significantly mitigate the consequences of the impediment to performance, and (iii) the Client assures in advance in text form the assumption of all associated additional costs.
- Reimbursement of costs, remuneration
If, in the event of an impediment to performance within the meaning of clause 1, the Contractor nevertheless performs the contractual services or performs them in a modified form in accordance with clause 2 and incurs additional costs as a result, the Contractor shall be entitled to demand compensation from the Client. These include, in particular, additional or increased charges, remuneration of carriers and other service providers, handling facilities, terminals and competent authorities, e.g. costs for security measures, expenses for temporary storage due to transport („additional costs“). In addition, the Contractor shall be entitled to demand reasonable remuneration. The prerequisite for this is that (a) the contractor has informed the contracting authority of the existence of the impediment to performance and the additional costs and remuneration likely to be associated with the performance of the contractual services, unless such information is impossible for factual reasons (b) the contractor can prove the amount of additional costs at the request of the principal; and (c) the additional costs are not disproportionate. Disproportionality of the additional costs is irrelevant if the contracting parties have agreed on their amount or reimbursement.
The Contractor shall be released from any liability arising from or in connection with the contract if and to the extent that the damage has been caused by an impediment to performance within the meaning of Clause 1.
If, due to an impediment to performance within the meaning of Clause 1, the Contractor is prevented for a period of two consecutive weeks from performing its contractual obligations or its obligations pursuant to Clause 2, the Contractor shall be entitled to claim damages. a. and b. modified performance is prevented, or if the Client objects to the modifications made by the Contractor in accordance with Clause 2, either party shall be entitled to terminate the contract without notice for exceptional reasons. In the event of additional costs being charged by the Contractor in accordance with Clause 3, the Client shall be entitled to terminate the contract without notice for exceptional reasons. In the event of termination by the Client, the Client shall be obliged to reimburse the expenses incurred by the Contractor up to the receipt of the termination and to pay for the services rendered up to this point in time.
Minimum Wage Act
With the entry into force of the Minimum Wage Act (MiLoG) on 01 January 2015, stricter liability conditions will apply with regard to the use of service and contract partners (e.g. subcontractors in the transport sector).
Contracting haulage companies are responsible, among other things, for ensuring that the subcontractors they use pay their employees the standard statutory minimum wage of € 8.50 gross per hour. If this obligation is breached, the contracting freight forwarder is liable like a guarantor for the payment of back wages for social security contributions and may also be fined.
If you enter into a contractual relationship with us as a contractor, you assure INTERTRANS GmbH that you will remunerate your employees with effect from 01.01.2015 at least the legally payable minimum wage of currently € 8.50 gross per hour and make the corresponding payment at the time of the due date agreed with the employee, but at the latest on the last bank working day of the month following the month in which the work was performed.
As our contractor, you declare to ensure and monitor in an appropriate manner that subcontractors and rental companies, which you have to select carefully, in turn comply with the obligation of the MiLoG.
As our contractor, you will provide evidence of the fulfilment of this assurance upon request. At the same time you undertake to indemnify us, INTERTRANS GmbH from all claims of third parties in connection with the MiLoG. This regulation also applies to claims by social insurance agencies and tax authorities.
Furthermore, you declare the release of INTERTRANS GmbH from fines imposed on it due to violations of the MiLoG.
Intertrans GmbH is not responsible for any contents linked or referred to from its pages – unless it has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages. Intertrans GmbH therefore expressly declares that the corresponding linked pages were free of illegal content at the time the links were created. Intertrans GmbH has no influence whatsoever on the current and future design and content of the linked pages. Therefore, Intertrans GmbH hereby expressly distances itself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within our own Internet offer. For illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, and not the party who merely refers to the respective publication via links.
These General Terms and Conditions are to be regarded as part of the Internet offer of www.intertrans.de, www.intertranslu.de, www.intertrans-lu.de and www.intertrans-gmbh.de and all other domains of the company Intertrans GmbH. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.