Provisions on carrier liability

1 Responsibility
The carrier shall be liable for direct damage that is proven to have been caused by him or his auxiliary person from the time of acceptance of the goods to be transported until their delivery, in accordance with Section 1 of the General Terms and Conditions (GTC).

2 Conditions of liability
2.1 Obligations of the sender or customer

The customer or sender is obliged to comply with the information and packaging requirements stipulated in the services, items 2 and 3 of the GTC. In particular, the sender or customer must provide adequate packaging. He must provide the carrier with precise details of the recipient's address, the place of delivery, the quantity, packaging, contents, weight and dimensions of the packages, the delivery time and the transportation route.

The sender or customer must declare the value of the goods, without being asked, if the goods transported have a value of CHF 15 per kg of actual freight weight; in particular, goods with a higher value and/or other goods at risk of theft must be declared.

In particular, the sender or customer has an obligation to draw the carrier's attention to the special nature of the goods being transported, their weight distribution and susceptibility to damage. He is responsible for sufficient labeling and possibly also numbering of the packages. Any disadvantages, damages or losses resulting from the omission or inaccuracy of this information shall be the responsibility of the sender. The carrier will not be liable for compensation for this.

2.2 Damage reserve
Damage or missing goods must be noted immediately and in the presence of the driver on the delivery ticket or confirmation of receipt with a reservation. Any damage not visible externally must be reported in writing no later than eight days after delivery, counting from the day of delivery.

3 Disclaimer of liability
3.1 General

Cases such as the following are excluded from the carrier's liability:

- Damage resulting from improper loading onto the truck body by the consignee's assistants

- Breakage due to normal vibrations

- Breakage of the products themselves

- Damage to or loss of goods transported in sealed or externally undamaged boxes, crates or containers whose perfect condition and completeness could not be verified at acceptance

- Damage due to defective or inadequate packaging

- Damage caused by weather conditions

- Damage due to inadequate space profile or routing, if the sender or recipient has requested this access

- Damage due to scratches, marks, pressure and wear, chipping of enamel and paintwork, cracks in the polish and loosening of glued parts and veneers

- Force majeure

- Malicious damage by third parties

3.2 Damage during loading and unloading
Loading and unloading are carried out by the sender or consignee. If the sender or consignee gives the driver the order to unload the goods after registering with him, the driver will do so on behalf of the sender or consignee. The carrier will not be liable for damage incurred during this activity. The driver carries out this activity as an assistant to the sender or consignee. If the driver loads or unloads the goods without notifying the sender or consignee, the assessment of damages will be governed by section 4.

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

4 Limitation of liability / damage assessment
4.1 Damage to or loss of transported goods
The extent of liability for damages shall be limited, to the extent permitted by law, to the value of the goods at the place and time of their acceptance for transportation, up to a maximum of CHF 15 per kg of actual freight weight of the damaged or lost goods. However, liability is limited to a maximum of CHF 40,000 in total per event.

4.2 Damages due to delay
Damages resulting from late delivery will only be compensated for by the carrier if liability for this has been agreed in writing. In this case, the carrier's liability may not exceed the amount of the agreed freight.

4.3 Damage from pure handling activities
If the carrier carries out purely handling activities in his role as warehouseman, he will only be liable for delays, incorrect unloading and loading, empty freight, demurrage of all kinds, loss of a booking, repackaging, etc., if liability for this has been agreed in writing. If liability for damage resulting exclusively from handling activities has been agreed in writing, the carrier will be liable up to a maximum of CHF 2500 per event (uniform cause of damage, even in the case of several shipments per order). In the event of loss or damage to the transported goods, the obligation to pay compensation shall be governed by the other provisions of these FFHB.

5 Liability for outsourcing
Unless otherwise specified, the carrier shall be entitled to have the freight order executed in whole or in part by an intermediary carrier. In this case, he shall be liable to the customer in the same way as if he had executed the order himself. In the absence of an agreement to the contrary, the carrier may transport the goods by rail.

6 Liability in international transport
The liability provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road) apply to international transport.

7 Forfeiture and statute of limitations
The forfeiture of all liability claims and the limitation period for damage actions are governed by Art. 452 and Art. 454 of the Swiss Code of Obligations.

8 Transport insurance

The customer may instruct the carrier to take out transport insurance for the goods transported. The premium for transport insurance shall be the responsibility of the customer. Transport insurance covers damage and loss at the cost price (sum insured) of the damaged or lost goods.

Risks such as loss of profit, business interruption, etc. (indirect loss) are not covered by transport insurance. The customer must take out their own appropriate insurance for this.

9 Loading aids

In general traffic with loading aids with senders or recipients, only intact and transportable loading aids that allow efficient transportation and handling may be used. Loading aids must comply with the EPAL / UIC guidelines and the EPAL / UIC exchange criteria.

If a consignee refuses to accept the loading equipment upon delivery of the goods and the carrier has to return it to the warehouse, the carrier may charge the customer for the storage space used, plus administrative costs for the entire custody period.

The carrier accepts no liability for costs incurred by the shipper or consignee for any repackaging of the transported goods. It is the customer's responsibility to oblige their customers or consignees to use only EPAL/UIC-compliant loading aids. Any resulting disadvantages of any kind shall be the responsibility of the customer or consignee.

The customer shall indemnify the carrier against all claims or other rights that third parties, in particular consignees, make against the carrier in relation to loading aids.

It is the customer's responsibility to contractually oblige its customers or consignees to use only compatible loading aids.

10 Exclusion of compensation
Damage claims cannot be offset against freight.

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