1              Liability

The carrier shall be liable for direct damage which is proven to have been caused by himself or his auxiliary person from the time of acceptance of the transported goods until their delivery.

2              Geographical scope

The geographical scope includes transport within Switzerland and the Principality of Liechtenstein, EU/EFTA states and the United Kingdom. Insurance cover for transport to/from other destinations can be agreed before the start of the risk.

3              Liability conditions

a)     Obligations of the sender or client

The sender or client must provide the carrier with the exact address of the consignee, the place of delivery, the weight and dimensions of the vehicle and the delivery time. The sender or client must declare the value of the goods without being asked to do so. In particular, the sender or client is obliged to inform the carrier of any special characteristics of the transported goods and their susceptibility to damage. Any disadvantages, damages or losses resulting from the omission or inaccuracy of such information shall be borne by the sender. The carrier is not liable to pay compensation for this.

b)    Damage reservation

Damage or missing goods must be noted immediately and in the presence of the driver on the delivery note or confirmation of receipt with a reservation. Any damage that is not externally recognisable must be reported in writing within eight days of delivery, including the day of delivery.

4              Exclusion of liability

a)    General

Excluded from the carrier’s liability are cases such as:

• Damage resulting from improper loading on the loading

    area by auxiliary persons of the client

• Breakage due to normal vibrations

• Damage due to inadequate space profile or track

    route, if the consignor or consignee has requested this

    access  

• Force majeure

b)     Indirect damage

Liability for indirect damage, such as loss of profit, operating loss and other consequential costs, is excluded.

5              Limitation of liability / Extension of liability

a)     Damage to or loss of the transported goods

The scope of the liability for damages shall be limited, to the extent permitted by law, to the value of the goods at the place and time of its acceptance for carriage. However, liability shall not exceed CHF 3,000,000 in total per event, unless additional insurance has been taken out.

If higher insurance (value over CHF 3 million) is required, these costs shall be borne by the client.

b)    Damage due to delay

Damage caused by delay in delivery shall only be compensated by the carrier if liability for this has been agreed in writing. In this case, the carrier’s liability shall not exceed the amount of the agreed freight charge.

c)    Liability for subcontracting

Unless expressly agreed otherwise, the carrier shall be entitled to have the freight order executed in whole or in part by a subcontractor. In this case, he shall be liable to the client in the same way as if he had carried out the order himself.

6              Forfeiture and statute of limitations

The forfeiture of all liability claims and the limitation of actions for damages shall be governed by Art. 452 and Art. 454 of the Swiss Code of Obligations.

7             Transport insurance (pursuant to Art. 4 ABVT2006 All Risk)

The client may instruct the carrier to take out transport insurance for the transported goods. The transport insurance premium and any deductible are at the expense of the client. The transport insurance covers damage and loss to the current value (sum insured) of the damaged or lost goods in transit caused by the carrier. Risks such as loss of profit, loss of business, etc. (indirect damage) are not covered by the transport insurance. The client must take out his own insurance for this.

8              Charges for empty runs

If the driver is unable to load the vehicle at the sender’s location as agreed, or if a transport is canceled on short notice (less than 24 hours before the scheduled loading time) we reserve the right to charge for the deadhead trip based on actual costs or a handling fee of at least CHF 300.00

9              Exclusion of offsetting

Claims for damages may not be offset against the freight charge.

10            Place of jurisdiction

The place of jurisdiction for all claims for liability of the carrier shall be at the domicile of the carrier. Swiss law shall apply.

CH-5024 Küttigen, February 2025