General Terms and Conditions of the Furniture Transport Division of the Swiss Commercial Vehicle Association ASTAG
Article 1 Scope
The execution of an order is subject to the following conditions of the specialist group for furniture transport of the Swiss Commercial Vehicle Association ASTAG, insofar as they do not contradict mandatory legal provisions.
The conditions are based on the provisions of the Swiss Code of Obligations (OR) 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 in writing.
Article 2 General
The contract must contain all the information necessary for its proper execution, such as references to regulated goods (e.g., dangerous goods) and those requiring special handling.
The carrier carefully checks the order placed, but is not obligated to inspect the contents of transport containers or shipments, nor to carry out weight or dimension checks. If any ambiguities are found, the carrier will clarify them with the client as quickly as possible.
Any cargo space not agreed upon in the order remains at the carrier's disposal. The carrier is entitled to transfer the performance of the contract to another carrier.
Article 3 General conditions for transport
Each order assumes that it can be carried out under normal conditions; main roads and access routes to the loading and unloading points 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 the standard access requirement. Walkways, stairs, etc., must allow unobstructed access. It is further assumed that official regulations permit implementation in the intended manner.
In all other cases, the moving price increases according to the additional effort.
Article 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. They will execute the order in accordance with the contract and with due diligence. Delivery of the goods at the destination must take place immediately upon arrival of the transport or as agreed.
Article 5 Obligations of the Client
The customer is responsible for providing suitable packaging. They must provide the carrier with accurate information about the recipient's address, the delivery location, and 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 sensitivity to damage.
The client must ensure that the transport operations, 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 road closures required for the transport.
The client is obligated to declare the goods truthfully and assumes full responsibility towards the carrier, railway, customs, or other authorities. Without specific instructions from the client, the carrier is entitled to treat the goods as household removals.
The client is responsible for obtaining the necessary customs documents and ensuring their accuracy. They are liable for all consequences arising from the absence, late submission, 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 standard processing. Extended customs delays and special negotiations with authorities will be charged to the carrier in addition to the agreed price. 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 charge an advance commission, interest, and reasonable compensation for exchange rate losses.
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 bearer securities as defined by the Stock Exchange Act) and precious metals are expressly excluded from transport.
Article 6 Prices
The price is calculated based on the amount of work involved or a maximum cost/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 of packaging material to or from the site, as well as its rental or purchase;
c) Dismantling 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 items over 100 kg net weight;
e) Removal and installation of pictures, mirrors, clocks, lamps, curtains, fixtures, 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 fees and official charges of all kinds;
j) Additional costs or services in the interest of the relocation, even without an explicit order;
k) Additional costs resulting from weather conditions or impassable roads, as well as waiting times that are not the responsibility of the carrier;
l) Surcharges for long or unusual carrying distances, if these were not included in the price agreement, as well as additional costs for detours due to blocked 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.
Article 7 Payment
Removals are generally payable in cash upon completion of the work. For international transport, prepayment is required. Cleaning services are always payable in cash upon handover.
Article 8 Postponement / Cancellation by the Client
The client has the right to postpone an ongoing transport against full compensation for the expenses incurred by the carrier.
A resignation must be made in writing.
For cancellations within 30 calendar days of the scheduled move, a flat-rate compensation of 80 % of the amount quoted in the offer is due. For cancellations within 48 hours of the moving date, 90 % is due. Any proven higher damages must be compensated in addition.
Article 9 Right of Retention
If goods are not accepted or payments are not made, the carrier may retain them up to the amount owed or deposit them at the consignor's expense. Articles 444, 445 and 451 of the Swiss Code of Obligations (OR) apply in particular.
The carrier may set a payment deadline of 30 days for the client in writing 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.
Article 10 Liability
The carrier is not liable for slight negligence. Liability is limited to cases of intent or gross negligence – and even then, only if it cannot be proven that all due care was exercised or that the damage would have occurred even if due care had been exercised. Liability is limited to the current market value of the goods.
The liability never exceeds that of the transport companies involved (rail, ship, airplane, post, etc.).
For goods prone to damage, such as fragile items, lamps, plants, technical equipment, etc., the carrier is only liable if they are adequately packaged. Liability for damage to the contents of cartons exists only if the packing and unpacking were carried out by the carrier or authorized personnel. Compensation is limited to the cost of repair or the diminished value of the goods.
Liability begins upon acceptance of the goods and ends upon delivery, storage, or transfer to a third party. In the case of transfer to a third party, the carrier is only liable for their careful selection and instruction. Liability is limited to CHF 25,000 per incident. Special insurance agreements remain reserved (see Art. 12).
Article 11 Disclaimer
No liability is accepted for damages caused by the client's fault, insufficient instructions, defective goods or force majeure.
No liability is accepted for sensitive items (marble, glass, porcelain, stucco, chandeliers, electronics, software, data loss, plants, animals, etc.) provided that usual precautions have been taken.
Cash and valuables are excluded from liability (see Art. 5 para. 7). There is also no liability for jewelry, documents, works of art, antiques, or collectibles unless they are declared in writing, appraised, and insured.
In the case of transport through confined spaces despite prior notification, the carrier is not liable for any resulting damage to goods or buildings.
No liability is accepted for damage caused by fire, accident, war, strike, force majeure or transport damage caused by third parties.
The carrier is not liable for delays caused by breakdowns, weather, or third-party actions. The same applies to late delivery or failure to meet deadlines by other transport companies. The client bears the costs.
Article 12 Transport Insurance
At the express request and for an additional charge, the carrier can take out transport insurance for the client.
Breakage insurance requires that packing and unpacking be carried out by the carrier. The insured sums are determined by the client. The ABVT (General Terms and Conditions for the Insurance of Goods in Transit) apply to used household goods.
If no insurance is taken out, the client bears all risks not covered by these conditions.
Article 13 Complaints
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. Claims will not be accepted after this deadline.
Article 14 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.
