General Terms and Conditions for Removals by Super Transport GmbH

Art. 1 Scope of application

Orders are carried out on the conditions set out below, insofar as these are not precluded by mandatory statutory provisions.

These conditions are based on the provisions of the Swiss Code of Obligations (OR) and on 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 General Conditions supplement the statutory provisions. Agreements that deviate from these conditions must be made in writing.

Art. 2 General provisions

The order must contain all the information necessary for its proper execution, such as references to regulated goods (for example dangerous goods) and to goods requiring special handling.

The Carrier carefully examines the order placed with it. However, it is neither obliged to check the contents of transport containers or consignments nor to carry out weight or dimension checks. If the Carrier identifies any ambiguities, it clarifies them with the Client as quickly as possible.

Loading space exceeding the volume agreed with the Client remains at the Carrier’s disposal. The Carrier is entitled to transfer the performance of an order it has accepted to another carrier.

Art. 3 Acceptance of transport orders in general

Every order presupposes that it can be carried out under normal conditions. The main roads as well as the streets and paths leading to the buildings where loading and unloading take place must be passable for the transport vehicles.

Where there are front gardens and the like, a distance of no more than 15 metres between the vehicle and the building entrance is deemed to be normal access. Corridors, staircases and the like should allow the transport to proceed smoothly. It is further presupposed that official regulations permit the order to be carried out in the intended manner. In all other cases, the removal price increases according to the additional effort involved.

Art. 4 Obligations of the Carrier

The Carrier is obliged to provide the means of transport necessary for carrying out the order at the agreed time. It carries out the order in accordance with the contract and with the necessary care.

The goods must be delivered at the place of destination immediately after the transport arrives or as agreed.

Art. 5 Obligations of the Client

The Client must ensure suitable packaging. The Client must give the Carrier precise details of the consignee’s address, the place of delivery and the local conditions in good time.

The Client is obliged to draw the Carrier’s attention to the particular nature of the goods and their susceptibility to damage.

The Client must ensure that the transport work as well as loading and unloading can begin at the agreed time or, as the case may be, immediately after the transport vehicles arrive.

Unless otherwise agreed, it is the Client’s responsibility to arrange for all documents, permits and barriers required for carrying out the transport.

The Client is obliged to declare the goods truthfully and bears full responsibility for this towards the Carrier and towards the railway and customs bodies or other authorities. In the absence of relevant instructions from the Client, the Carrier is entitled to treat the goods as household effects.

The Client must obtain the necessary customs documents and is responsible for their accuracy. The Client must bear all consequences arising from documents that are missing, delivered late, incomplete or incorrect. The Client is liable to the Carrier for all expenses arising from the customs treatment of the goods. The price for customs clearance presupposes normal processing. The Carrier must be remunerated accordingly for extended stays at customs and for special negotiations with the competent authorities. The Carrier is not obliged to advance freight charges, customs duties and levies. It may demand advance payments from the Client in the relevant currency. If the Carrier advances such amounts, it must be reimbursed for the disbursement commission and interest as well as for a reasonable exchange rate loss.

The Client must compensate for all inconvenience and additional costs arising from late acceptance of the goods by the Client. If unloading cannot begin within a waiting time of four hours, the Carrier is entitled to put the goods into storage for the account and at the risk of the Client. In doing so, its liability is limited to the careful selection of the storage location.

Cash, bearer instruments (including securities within the meaning of the Stock Exchange Act that have bearer characteristics) and precious metals are expressly excluded from transport.

Art. 6 Prices

The price is calculated according to the time and effort involved, on the basis of a cost ceiling or as a flat rate.

Owing to statutory provisions, the transport staff may neither take down nor put up light fittings and other appliances connected to the mains.

Subject to special agreements, the following expenses are not included in the price:

• packing and unpacking the removal goods, in particular packing work that the Carrier has to carry out on the day of the removal
• a special outward or return transport of packing material, and its hire or purchase
• dismantling and assembling complicated or new furniture that requires extra time or the involvement of a specialist
• the transport of refrigerators or chests with a capacity of more than 100 litres, of pianos, grand pianos, safes and other items with a net weight of more than 100 kg
• taking down and putting up pictures, mirrors, clocks, lamps, curtains and built-in fittings
• the additional work for items that have to be moved through windows or over balconies
• the premiums for transport insurance
• customs clearance, customs duties and customs charges
• road taxes and ferry costs as well as official fees of all kinds
• additional expenses or additional services in the interest of the removal, even without a specific instruction
• additional expenses due to weather conditions or because the transport vehicle cannot drive up to the building owing to closed or dug-up roads, as well as waiting times of the transport vehicle and staff for which the Carrier is not at fault
• reasonable surcharges for carrying the goods over long or unusual routes, insofar as these circumstances were not expressly taken into account when the price was agreed
• additional costs caused by detours if the direct routes are closed or unusable

Art. 7 Payment

As a rule, removals are to be paid in cash on completion of the work. For transports abroad, an advance payment must be made. Cleaning is always paid in cash on the day of the handover.

Art. 8 Changes to arrangements and cancellation by the Client

The Client has the right to change the arrangements for a transport that is already under way, subject to full compensation for the loss the Carrier incurs as a result.

Any cancellation by the Client must be made in writing.

In the event of cancellation within 60 calendar days before the planned removal, 80% of the amount stated in the quotation is owed as flat-rate compensation for expenses, efforts and inconvenience.

In the event of cancellation within 48 hours before the planned removal, 90% of the amount stated in the quotation is owed. If the Carrier proves a greater loss, this must also be compensated.

Art. 9 Right of retention

If the goods are not accepted or the claims attaching to them are not paid, the Carrier may retain the goods up to the value of the amount owed (right of retention) or deposit them at the Client’s expense. In particular, the provisions of Art. 444, 445 and 451 OR apply.

In this case, the Carrier may call on the Client in writing to settle the claim within 30 days. The demand must include a warning that, in the event of non-payment, the Carrier is entitled to realise the goods concerned privately and on the best possible terms without further formalities (at its own discretion by private sale or, if the goods have no material value, by disposal).

Art. 10 Liability

The Carrier is not liable for damage caused by it or its staff through slight negligence. It is liable only for intentional damage and for damage caused by gross negligence, and even then only if it does not prove that it exercised all the care required in the circumstances to prevent damage of this kind, or that the damage would have occurred even if such care had been exercised. In the case of damage caused intentionally or through gross negligence, liability is limited to the respective current value of the goods. An excess of CHF 300.00 applies per claim.

In no case does the Carrier’s liability extend further than that of the transport undertakings involved in the transport (railway, shipping or airline companies, postal services, etc.).

The Carrier is liable only for goods whose packaging meets normal transport requirements. For example, fragile items, lamps, lampshades, plants and technical equipment (televisions, computers, etc.) require suitable packaging (Art. 442 OR). The Carrier is liable for damage to the contents of boxes and other containers only if packing and unpacking were carried out by its own auxiliaries or by auxiliaries engaged by it. In any event, the Carrier’s liability is limited to the cost of any repair or to compensation for the reduction in value, to the exclusion of any replacement.

The Carrier’s liability begins when it takes over the goods and, as a rule, ends with their delivery at the Client’s place of destination, their storage in a warehouse or the handover of the load to another carrier. Insofar as the Carrier legitimately hands over the order to another carrier or warehouse keeper, it is liable only for their proper selection and instruction.

The Carrier’s liability is limited to CHF 25’000.00 per event. This is without prejudice to specially agreed insurance arrangements (Art. 12).

Art. 11 Exclusion of liability

The Carrier is released from liability if the loss or damage was caused by fault on the part of the Client, by an instruction given by the Client without the Carrier’s involvement, by inherent defects of the removal goods or by circumstances over which the Carrier has no influence.

In the event of breakage of or damage to particularly vulnerable items such as marble, glass and porcelain slabs, stucco frames, chandeliers, lampshades, radio and television sets, computer hardware and computer software, in the event of data loss and in the case of other highly sensitive items (plants, animals, etc.), the Carrier is released from liability provided that it has taken the usual precautions.

Cash and securities are excluded from liability (Art. 5 para. 8). The Carrier accepts no liability for valuables such as jewellery, documents, works of art, antiques and collector’s items.

If the Carrier is given a list of such items with a detailed statement of their value and transport insurance is taken out on the basis of these documents, the Client benefits from this insurance cover.

The Carrier is not liable for damage to goods during loading and unloading or while they are lowered or hoisted by rope if their size or weight is not suited to the spatial conditions at the loading or unloading point, the Carrier has pointed this out to the Client or consignee beforehand and the Client has nevertheless insisted on the service being performed. Nor is it liable for damage to walls, windows, floors or banisters if the size or weight of the goods to be transported is not suited to the spatial conditions.

The Carrier is not liable for damage to the goods caused by fire, accidents, wars, strikes, force majeure or damage caused to the means of transport by third parties.

If loading or delivery is delayed because of a breakdown, an accident, weather conditions or other reasons for which the Carrier is not at fault, the Client has no claim whatsoever to compensation.

In the absence of a mutual agreement, the Carrier is not liable for delays arising from means of transport not being provided in time or from non-compliance with the regulatory time limits by other transport undertakings involved in the transport. The resulting costs (demurrage, interim storage, etc.) are borne by the Client. Nor is the Carrier liable for damage and losses that may arise from such circumstances.

Art. 12 Transport insurance

To cover the transport risks, the Carrier allows the Client, on the Client’s express instruction and against payment of the additional costs, to participate in an appropriate insurance policy.

Insurance against the risk of breakage requires the items concerned to be packed and unpacked by the Carrier or its agents. The sums insured are to be set by the Client. In every case, the insurance is subject to the usual clauses for used removal goods of the ‘General Conditions for the Insurance of Goods in Transit’ (ABVT) applied in Switzerland at the relevant time.

If the Client does not have insurance taken out, the Client itself bears all risks for which the Carrier is not liable under the wording of these conditions.

Art. 13 Notice of defects

The Client must inspect the goods immediately after unloading. Complaints about loss or damage must be made immediately upon delivery of the goods and must also be confirmed to the Carrier in writing within three days. Damage that is not immediately apparent from the outside must be notified to the Carrier in writing within three days of the service being performed.

After these time limits have expired, complaints can no longer be considered.

Art. 14 Place of jurisdiction and applicable law

The courts at the Carrier’s registered office have jurisdiction to decide disputed claims arising from services that do not serve ordinary use or, as the case may be, personal or family needs.

Swiss law applies.