General Terms and Conditions of the Furniture Transport Section of the Swiss Commercial Vehicle Association ASTAG
Art. 1 Scope
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 contradict 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 Terms and Conditions supplement the statutory provisions. Any deviating agreements 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 requiring special handling.
The carrier will carefully review the order placed, but is not obligated to check the contents of transport containers or shipments or to conduct weight or dimension checks. If any ambiguities are discovered, the carrier will clarify them with the client as quickly as possible.
Cargo space not agreed upon in the contract remains at the carrier's disposal. The carrier is entitled to assign the execution of the contract to another carrier.
Art. 3 General conditions for transport
Each contract assumes that it can be carried out under normal conditions; main roads and access routes to loading and unloading sites must be passable for transport vehicles.
For front gardens and similar areas, a maximum distance of 15 meters between the vehicle and the house entrance is considered normal access conditions. Corridors, stairs, etc., must allow unobstructed access. It is also assumed that official regulations permit implementation in the intended manner.
In all other cases, the moving price will increase according to the additional effort.
Art. 4 Obligations of the carrier
The carrier is obligated to provide the means of transport required to execute the order at the agreed time. The carrier will execute the order in accordance with the contract and with due 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 customer 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 about 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 transport.
The client is obligated to declare the goods truthfully and assumes full responsibility towards the carrier, railway, customs, or other authorities. Without appropriate instructions from the client, the carrier is entitled to treat the goods as removal goods.
The client is responsible for obtaining the necessary customs documents and ensuring their accuracy. They are liable for all consequences resulting from the missing, delayed delivery, incompleteness, or inaccuracy of these documents. They are also liable to the carrier for all expenses related to customs clearance. The price for customs clearance assumes normal processing. Extended customs delays and special negotiations with authorities are subject to additional reimbursement to the carrier. The carrier is not obligated to advance freight, customs duties, or taxes. They may request advance payments in the respective currency. In the event of advance payment, the carrier is entitled to demand reimbursement of an advance commission, interest, and a reasonable exchange rate loss.
The client is liable for all inconveniences and additional costs resulting from delayed acceptance of the goods. If unloading does not 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 with bearer status within the meaning of the Stock Exchange Act) and precious metals are expressly excluded from transport.
Art. 6 Prices
The price is calculated based on the amount of work involved or a cost cap/flat rate. Unless otherwise agreed, the following are not included:
a) packing and unpacking of the removal goods, in particular packing work on the day of the removal;
b) separate transport or return of packaging material as well as its rental or purchase;
c) Disassembly and assembly of complicated or new furniture requiring increased time or specialist personnel;
d) transport of refrigerators/chests over 100 l, pianos, grand pianos, safes or other objects over 100 kg net weight;
e) removing and installing pictures, mirrors, clocks, lamps, curtains, furnishings, etc.;
f) additional costs for transport through windows or over balconies;
g) transport insurance premiums;
h) customs clearance, duties and customs charges;
(i) road taxes, ferry tolls and official charges of any kind;
j) additional costs or additional services in the interest of the move, even without an express order;
k) additional costs resulting from weather conditions or impassable roads and waiting times for which the carrier is not responsible;
l) Surcharges for long or unusual carrying distances, unless these were taken into account in the price agreement, as well as additional costs for detours due to closed or unusable direct routes.
According to legal regulations, the dismantling and reassembly of 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. International shipments require advance payment. Cleaning services are always paid in cash upon handover.
Art. 8 Postponement / withdrawal by the client
The client has the right to postpone an ongoing transport against full compensation for the expenses incurred by the carrier.
Withdrawal must be made in writing.
For cancellations within 30 calendar days of the scheduled move, 80 % of the quoted amount is due as a flat-rate compensation. For cancellations within 48 hours of the move date, 90 % is due. Proven higher damages must be compensated additionally.
Art. 9 Right of retention
If freight is not accepted or claims are not settled, the carrier may retain the goods up to the amount owed or deposit them at the client's expense. Articles 444, 445, and 451 of the Swiss Code of Obligations apply in particular.
The carrier may give the client a written notice of 30 days for payment and announce that in the event of non-payment, the goods in question will be disposed of (sold or disposed of) at its own discretion without further formalities.
Art. 10 Liability
The carrier is not liable for minor negligence. It is only liable in cases of intent or gross negligence – and then only if it cannot be proven that all due care was taken or that the damage would have occurred even if such care had been taken. Liability is limited to the current value of the goods.
Liability never exceeds that of the transport companies involved (rail, ship, aircraft, post, etc.).
The carrier is only liable for goods susceptible to damage, such as fragile items, lamps, plants, technical equipment, etc., if they are adequately packaged. Liability for damage to the contents of boxes only exists if the carrier or its authorized personnel handled the packing and unpacking. Compensation will be limited to the cost of repair or loss of value.
Liability begins upon acceptance and ends upon delivery, storage, or transfer to third parties. If the goods are transferred to third parties, the carrier is only liable for their careful selection and instruction. Liability is limited to CHF 25,000 per event. Special insurance agreements remain reserved (see Art. 12).
Art. 11 Disclaimer
No liability shall be assumed for damages caused by the client’s fault, insufficient instructions, defective goods or force majeure.
No liability is accepted for delicate items (marble, glass, porcelain, stucco, chandeliers, electronics, software, data loss, plants, animals, etc.) provided that normal precautions have been taken.
Cash and valuables are excluded from liability (see Article 5, paragraph 7). Jewelry, documents, works of art, antiques, and collectibles are also excluded unless they are declared in writing, valued, and insured.
In the event of transport through confined spaces despite prior notice, the carrier shall not be liable for any resulting damage to goods or buildings.
No liability shall be assumed for damage caused by fire, accident, war, strike, force majeure or transport damage caused by third parties.
The freight carrier is not liable for delays due to breakdowns, weather, or third-party interference. The same applies to late delivery or failure to meet deadlines by other transport companies. The client shall bear any costs.
Art. 12 Transport insurance
At the express request and for an additional charge, the carrier may take out transport insurance for the client.
Breakage insurance requires that the freight carrier performs the packing/unpacking. The insured amounts are determined by the client. The ABVT (General Conditions for the Insurance of Transported Goods) for used moving goods apply.
If no insurance is taken out, the client shall bear all risks not covered by these conditions.
Art. 13 Complaints about defects
The client must inspect the cargo immediately after unloading. Complaints regarding loss or damage must be reported immediately upon delivery and confirmed in writing within two days.
Hidden damage must also be reported in writing within two days. Complaints are excluded after this deadline.
Art. 14 Place of jurisdiction and applicable law
The place of jurisdiction for disputes that do not concern normal use or do not serve personal or family needs is the registered office of the carrier.
Swiss law applies.