General terms and conditions of swissconnect ag, valid from January 1st, 2024
General terms and conditions of swissconnect ag, valid from January 1st, 2024
These General Terms and Conditions (GTC) govern the relationship between the customer (hereinafter referred to as the customer) and swissconnect ag (hereinafter referred to as the forwarder) in the use of courier services in national traffic.
The above liability provisions shall apply to consignments in international traffic, unless the CMR (Convention on the Contract for the International Carriage of Goods by Road) or the CIM (Uniform Rules concerning the Contract for the International Carriage of Goods by Rail) prescribe otherwise.
2: Field of activity of the forwarder
The forwarder shall make transport agreements with carriers (e.g. courier companies) for the account of the customer. The forwarder shall not carry out any transports itself, but shall only act as an intermediary.
3.1: Placing of order
The order shall be issued to the forwarder digitally or by telephone. In any case, the customer shall bear the risks of incorrect or incomplete transmission until receipt of a written confirmation from the forwarder and the checking of the same. Expenses due to incorrect information, in particular with regard to the billing address, shall be invoiced in accordance with the tariff list.
The order shall contain all information necessary for proper execution, such as references to regulated goods (e.g. dangerous goods) and those requiring special handling. The customer must designate high-value goods or particularly sensitive goods requiring special handling as such in its order.
3.2: Addressing and packaging
The sender shall be responsible for ensuring that the recipient's details are correct, complete and legible. The forwarder must be visible on the consignment as an intermediary. The sender shall be obliged to protect the goods in transit with suitable packaging. The forwarder may charge an additional fee for consignments that require additional processing.
If the design specifications are not complied with and the consignment cannot be processed correctly due to these deficiencies, liability is excluded.
3.3: Takeover of the consignment
The consignment must be handed over to the carrier in a condition suitable for transport. The transport of items, which do not correspond to the details given in the order, may be refused. The costs incurred shall be charged to the customer. Consignments weighing more than 30 kg shall only be delivered to and from the kerbside. In addition, swissconnect shall reserve the right to refuse consignments without giving reasons.
3.4: Goods excluded from transport
- Goods, whose value or replacement value per consignment exceeds CHF 20,000
- Dangerous goods according to ADR/RID above the legal exemption limit (LQ). The ADR/SDR is authoritative for road transports and the RID for transports on the Swiss rail network.
- Goods, whose transport is prohibited by law
- Goods that can injure persons or cause damage to property
- Securities of all kinds
- Precious metals - unprocessed or coined - whose value is at least equal to the value of silver
- Curant coins made from non-metals
- Art objects and objects of collector's value with an individual value of more than CHF 20,000.00
- Jewelry, watches, real pearls, gemstones and other jewels
- Cash, banknotes, drawn tickets
- The use of dry ice is prohibited for transports by rail
- Valuables of all kinds, such as securities, cash, jewellery or precious metals
- Firearms, ammunition, explosives or military equipment
- Pornographic works or works with offensive content
- Live animals
3.5: Unforeseen interim storage
If the goods to be transported are not accepted by the recipient at the place of destination or if they are delayed en-route for reasons beyond the forwarder's control, they shall be stored at the expense and risk of the customer. The forwarder shall inform the customer about such unforeseen interim storage.
The goods shall be deemed to have been delivered when the carrier has handed over the consignment to the recipient against signature. If delivery against signature is not possible or the customer waives this, the consignment may be deposited at an agreed location after consultation with the customer or the recipient.
The customer shall acknowledge the delivery events electronically recorded by the forwarder as proof that delivery has taken place. At the request of the customer, the delivery receipt may be requested.
3.7: Undeliverable shipment
If the recipient refuses to accept a consignment or it cannot be delivered for other reasons, it will be delivered at another time or returned to the sender by arrangement and at the expense of the customer.
4.1: Liability of the forwarder
The forwarder shall be exclusively liable for the careful selection and instruction of the carrier. In the event of damage, for which an appointed carrier is responsible, the forwarder shall assert the claim of the customer against the responsible carrier.
4.2: Exclusion of liability
- Damage due to defective or unsuitable packaging
- Damage to or deficiencies in goods, whose perfect condition and completeness could not be checked at the time of takeover
- Force majeure (see 4.3)
- Electrical or magnetic damage, erasure or other damage to magnetic disks, electronic or photographic carrier materials in any form whatsoever
- Consignments deposited at the request of the customer without signature
- Damage due to the effects of vibration, frost, heat, temperature fluctuations, rain, snowfall and humidity, provided that the forwarder proves that it acted with due care.
4.3: Force majeure
The forwarder shall be released from all liability if damage has arisen due to circumstances, which neither the forwarder nor its sub-contractors could have avoided despite diligent business activity.
The following points in particular are to be understood as special circumstances or force majeure:
- Special weather conditions such as avalanche hazard, rock falls, landslides, erosion, floods, hail, heavy snowfall, earthquakes, forest fires
- Events in rail traffic such as line interruptions, construction sites, passenger accidents or major delays in rail traffic
- Special prohibitions by the state
Unpredictable traffic jam
4.4: Limitation of liability
For proven damage caused by delayed delivery of the consignment, the forwarder shall only be liable up to the amount of the freight price agreed for the corresponding transport.
Liability for loss, damage or incorrect delivery of the consignment being transported shall be limited to the actual value of the item without additional insurance, but to a maximum of CHF 1,000 per consignment.
4.5: Transport insurance
The forwarder shall only arrange transport insurance at the express request and expense of the customer. The maximum insurable value per consignment shall be CHF 20,000. The function of the freight forwarder shall be limited to the procurement of the goods transport insurance.
4.6: Forfeiture of liability claims
Acceptance of the consignment without reservation shall extinguish all claims against the carrier, except in cases of deliberate deception and gross negligence. Notices of damage or missing parts must be made on the delivery note immediately in the presence of the courier driver. The forwarder shall remain liable for damage to the consignment that is not externally visible, provided that this is reported in writing within 8 days of delivery.
4.7: Liability of the customer
The customer shall be liable for its own errors and omissions, in particular for all consequences arising from:
- Packaging that does not meet the requirements of the agreed transport
- Incorrect, inaccurate or missing information in the order, on the packaging or on the goods themselves, in particular for goods which, due to their characteristics, are not accepted at all or only under special conditions, or whose handling is subject to special regulations
The absence or late provision of the necessary documents
The prices shall be based on the currently valid tariff list posted on the forwarder's homepage. The price calculation on the homepage shall be a non-binding calculation. Surcharges according to the tariff list or these GTC shall not be included in the amount. Special rates shall apply on public holidays. Orders shall be binding and subject to separate cancellation conditions.
6.2: Offered timetable
Unforeseen changes in the timetable shall have an immediate impact on prices and conditions. In the event of force majeure, the forwarder shall always endeavour to offer an alternative solution with new conditions, which shall be decided by the customer.
Cancellation of an order must be made immediately. Any consequential costs arising from this shall be charged to the customer.
6.4: Payment modalities
The invoice amount shall be payable within 20 days of the invoice date. Payments made outside this period shall incur dunning fees and interest on arrears.
Subject to mandatory statutory provisions, all claims against the forwarder shall become time-barred after one year. The limitation period shall run from the time of delivery of the goods to be transported or, in the case of loss or delay, from the day on which delivery should have taken place.
7: Jurisdiction and applicable law
Lucerne shall be the exclusive place of jurisdiction for the assessment of all claims in dispute between the contracting parties. Swiss law shall apply exclusively with the exclusion of the conflict of laws.
8: Amendment to the GTC
The forwarder shall reserve the right to amend the General Terms and Conditions at any time. The respective new version shall be published on the swissconnect homepage in due time before coming into force.
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