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:
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 or cancel an ongoing transport or booked service. Cancellation must be made in writing.
In the event of a cancellation, the following flat-rate compensation of the amount stated in the offer is owed:
Proven higher damages, as well as expenses already incurred for no-parking zones or ordered materials, must be reimbursed 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 Move-out cleaning with acceptance guarantee
If a move-out cleaning with a handover guarantee has been agreed upon, the contractor guarantees the smooth handover of the cleaned rental properties to the management or owner. A representative of the cleaning company must be present at the official handover date. Any necessary touch-ups will be carried out immediately on-site at no extra cost. The guarantee is limited exclusively to the cleaned areas and excludes repairs, wear and tear, or damage not caused by the cleaning staff.
Article 15 Furniture Storage
When storing household goods on the carrier's premises, the statutory provisions governing the deposit agreement also apply. The depositor is obligated to adequately insure the stored goods against fire, water damage, and theft, unless separate insurance has been expressly taken out through the carrier. Unless otherwise agreed in the contract, the notice period for storage units is 14 days to the end of a calendar month.
Article 16 Data Protection
The processing of personal data is carried out in accordance with Swiss data protection legislation (DSG). The client consents to their data being stored for order processing, invoicing, and communication purposes, and, if absolutely necessary for the fulfillment of the contract, being passed on to involved third parties.
Article 17 Jurisdiction and applicable law
The place of jurisdiction for all disputes is Bülach / Zurich. Swiss law applies exclusively.
