AGB General moving conditions of the Furniture Transport Section of the Swiss Commercial Vehicle Association ASTAG
Art. 1 Scope of application
The execution of an order is subject to the following conditions of the Furniture Transport Specialist Group of the Swiss Commercial Vehicle Association ASTAG, unless they conflict with mandatory legal provisions.
The conditions are based on the provisions of the Swiss Code of Obligations (CO) and the Agreement between the Swiss Confederation and the European Community on the carriage of goods and passengers by rail and road (AS 2002, 1649).
These AGB General Terms and Conditions serve to supplement the statutory provisions. Any agreements deviating from these Terms and Conditions must be made in writing.
Art. 2 General
The contract must contain all information necessary for proper execution, such as references to regulated goods (e.g. dangerous goods) and those that require special treatment.
The carrier will carefully review the order placed with it; however, it is not obligated to check the contents of transport containers or shipments, nor to conduct weight or dimension checks. If the carrier discovers any ambiguities, it will clarify them with the client as soon as possible.
Any cargo space exceeding the volume agreed with the client remains at the disposal of the carrier. The carrier is entitled to assign the execution of the contract to another carrier.
Art. 3 General assumption of transport
Every order assumes that it can be carried out under normal conditions; the main roads as well as the streets and paths leading to the houses where loading and unloading take place must be passable for the transport vehicles.
For front gardens and similar areas, normal access conditions are considered to be a maximum of 15 meters between the vehicle and the house entrance. Corridors, stairs, etc., should allow for smooth access. Furthermore, it is assumed that official regulations permit the implementation in the intended manner.
In all other cases, the moving price will increase in accordance with the additional expenses.
Art. 4 Obligations of the Carrier
The carrier is obligated to provide the means of transport necessary for the execution of the order at the agreed time. The carrier shall execute the order in accordance with the contract and with the necessary care. Delivery of the goods at the destination must take place immediately upon arrival of the transport or as agreed.
Art. 5 Obligations of the Client
The client must ensure suitable packaging. He must provide the carrier with precise information about the recipient’s address, the place of delivery, and the local conditions in a timely manner.
The client is obliged to inform the carrier of the special nature of the goods being transported and their susceptibility to damage.
The client must ensure that the transport work, loading and unloading, can begin at the agreed time or immediately after the arrival of the transport vehicles.
Unless otherwise agreed, the client is responsible for obtaining all documents, permits and barriers required for the transport.
The client is obligated to declare the goods truthfully and assumes full responsibility towards the carrier, the railway and customs authorities, or other authorities. Without such instructions
by the client, the carrier is entitled to treat the transported goods as removal goods.
The client is responsible for obtaining the necessary customs documents and is responsible for their accuracy. The client is liable for all consequences resulting from the absence, late delivery, incompleteness, or inaccuracy of these documents. The client is liable to the carrier for all expenses resulting from customs clearance of the goods. The price for customs clearance assumes normal processing. Extended customs delays and special negotiations with the responsible authorities must be reimbursed to the carrier accordingly. The carrier is not obligated to advance freight, customs duties, or taxes. It may request advance payments from the client in the respective currency. If the carrier defaults, it must be reimbursed for the advance commission and interest, as well as a reasonable exchange rate loss.
The client is responsible for all inconveniences and additional costs incurred as a result of delayed acceptance of the goods. If unloading cannot begin within a waiting period of four hours, the carrier is entitled to store the goods at the client’s expense and risk. In this case, the carrier’s liability is limited to the careful selection of the storage location.
Cash, bearer securities, including securities within the meaning of the Stock Exchange Act that have bearer characteristics, or precious metals are expressly excluded from transport.
Art. 6 Prices
The price is calculated based on the amount of work or a cost ceiling/flat rate. However, the following expenses are not included, unless otherwise agreed:
a) the packing and unpacking of the removal goods, in particular for packing work that must be carried out by the carrier on the day of the removal;
b) special outward or return transport of packaging materials, as well as their rental or purchase;
c) the dismantling and assembly of complicated or new furniture which requires a special investment of time or the involvement of a specialist;
d) the transport of refrigerators/chests of more than 100 l, pianos, grand pianos, safes and other objects with a net weight of more than 100 kg;
e) removing and installing pictures, mirrors, clocks, lamps, curtains, fixtures, etc.;
f) the additional costs for items which have to be transported through windows or over balconies;
g) transport insurance premiums;
h) customs clearance, customs duties and customs expenses;
i) road taxes and ferry charges and official fees of any kind;
j) additional expenses or additional services in the interest of the move, even without a special order;
k) Additional expenses due to weather conditions or if the transport vehicle cannot be driven to the house due to closed or torn-up roads, as well as for waiting times of the transport vehicle and personnel for which the carrier is not responsible;
l) furthermore, reasonable surcharges for carrying the goods over long or unusual routes, unless these circumstances were expressly taken into account in the price agreement, as well as additional costs arising from detours if the direct routes are closed or unusable;
According to legal regulations, the removal and installation of lighting fixtures and other devices connected to the power grid may not be carried out by transport personnel.
Art. 7 Payment:
Relocations are generally paid in cash upon completion of the work. For international transports, advance payment is required. Payment for cleaning is always made in cash on the day of handover.
Art. 8 Rescheduling / Withdrawal by the Client
The Client has the right to rescheduling a transport in progress, against full compensation for any damage caused to the carrier.
Any withdrawal by the client must be made in writing.
In case of cancellation within 30 calendar days before the planned move, 80% of the amount stated in the offer is due as a flat-rate compensation for expenses, efforts and inconveniences.
If the client cancels within 48 hours of the scheduled move, 90% of the quoted amount is due. If the carrier proves greater damage, this damage must also be compensated.
Art. 9 Right of Retention:
If the cargo is not accepted or the payment of the claims against it is not made, the carrier may retain the cargo up to the value of the amount owed or deposit it at the client’s expense. In particular, the provisions of Art. 444, 445, and 451 of the Swiss Code of Obligations apply.
In this case, the carrier may request the client in writing to settle the claim within 30 days. This request must contain the warning that, in case of non-payment, the carrier has the right to dispose of the goods in question at its own discretion without further formalities (private sale or, if the goods have no material value, disposal).
Art. 10 Liability
The carrier is not liable for damage caused by the carrier or its personnel through slight negligence. The carrier is only liable for intentional damage or damage caused by gross negligence. However, this is only possible if the carrier cannot prove that the carrier exercised all due care under the circumstances to prevent such damage or that the damage would have occurred even if such care had been exercised. For damage caused by intentional or gross negligence, liability is limited to the current market value of the goods.
In no event shall its liability extend beyond that of the transport companies involved in the transport (railway, shipping or airline company, post office, etc.).
The carrier is only liable for goods whose packaging meets normal transport requirements. Fragile items, lamps, lampshades, plants, and technical devices (televisions, computers, etc.) require appropriate packaging (Art. 442 of the Swiss Code of Obligations). The carrier is only liable for damage to the contents of boxes and other containers if the packing and unpacking was carried out by its own personnel or by personnel appointed by the carrier. The carrier’s liability is in any case limited to the cost of any repair or compensation for loss of value, excluding any compensation.
The carrier’s liability begins with the acceptance of the goods and generally ends with their delivery to the client’s destination, storage in a warehouse, or transfer of the cargo to another carrier. If the carrier legitimately transfers the order to another carrier or warehouse keeper, it is only liable for their proper selection and instruction. The carrier’s liability is limited to CHF 25,000 per event. Specially agreed insurance arrangements remain reserved (Article 12 below).
Art. 11 Disclaimer
The carrier is released from liability if loss or damage was caused by the fault of the client, an instruction given by the client without the carrier’s involvement, defects in the goods being moved or by circumstances over which the contractor has no control.
In the event of breakage or damage to particularly vulnerable items such as marble, glass and porcelain plates, stucco frames, chandeliers, lampshades, radio and television sets, computer hardware and software, data loss and other highly sensitive items (plants, animals, etc.), the carrier is exempt from liability, provided that it has taken the usual precautions.
Cash and valuables are excluded from liability (Article 5, paragraph 7 above). The carrier assumes no liability for valuables such as jewelry, documents, works of art, antiques, and collectibles.
If a list of such items with a detailed value is handed over to the carrier and transport insurance is taken out on the basis of these documents, the client shall benefit from this insurance cover.
The carrier is not liable for damage to the goods during loading and unloading or lowering and ascending if their size or weight does not correspond to the spatial conditions at the loading or unloading point, the carrier has previously informed the client or recipient of this, but the client has insisted on the service being carried out, or for damage to walls, windows, floors or stair railings if the size or weight of the goods to be transported does not correspond to the spatial conditions.
The carrier shall not be liable for damage to the cargo caused by fire, accidents, wars, strikes, force majeure or damage to the means of transport caused by third parties.
If loading or delivery is delayed due to breakdown, accident, weather conditions or other reasons for which the carrier is not responsible, the client shall not be entitled to any compensation.
Unless mutually agreed, the carrier is not liable for delays caused by the failure to provide transport means on time or by non-compliance with regulatory deadlines by other transport companies involved in the transport. Any resulting costs (delivery fees, interim storage, etc.) shall be borne by the client. The carrier is also not liable for any damage or loss that may arise from such circumstances.
Art. 12 Transport insurance
To cover the transport risks, the carrier shall, at the express instruction of the client and against payment of the additional costs, allow the client to take out appropriate insurance.
Insurance against the risk of breakage requires that the items in question be packed and unpacked by the carrier or its agents. The insured amounts are to be determined by the client. In all cases, the insurance is subject to the standard provisions of the „General Conditions for the Insurance of Goods Transport“ (ABVT) applicable in Switzerland for used moving goods.
If the client does not take out insurance, he shall bear all risks for which the carrier is not liable according to the wording of these conditions.
Art. 13 Complaints about Defects
The client must inspect the cargo immediately after unloading. Complaints regarding loss or damage must be filed immediately upon delivery of the cargo and confirmed in writing to the carrier within two days. Damage that is not immediately apparent from the outside must be reported to the carrier in writing within two days of the service being provided.
After these deadlines have expired, no complaints can be considered.
Art. 14 Place of jurisdiction and applicable law
The courts at the carrier’s registered office shall have jurisdiction to hear disputed claims for services which are not for normal use or which do not meet personal or family needs. Know more about data protection policies.
Swiss law applies