GENERAL TERMS AND CONDITIONS
OF THE NIGHT STAR EXPRESS SWITZERLAND AG
1. Area of application
NSE is an express small goods delivery service in Switzerland, which operates both day and night. All contracts based on these general conditions are carrier services with private vehicles or, in the case of an agent, with trained, subcontracted carriers.
2. The transport contract
The transport contract is concluded when NSE and the customer have agreed that NSE will carry an item in exchange for a fee in accordance with the contract. Unless another written arrangement has been made, the customer pays the transport costs.
3. Mode of transport/ type of goods
All goods will be transported only by vehicles occupied by one driver. NSE is entitled to use alternative means of transport, as long as the agreed order remains within the scope of its current conditions, or other conditions which have been confirmed in writing.
4. Handover of goods
For customers who have regular volumes for delivery, NSE collects the delivery at agreed times on a daily basis. All goods must be brought to NSE in transport-ready condition. Proper loading is required so that no damage is caused to accompanying goods. Each individual item must be well preserved and clearly labelled with the NSE barcode. Items whose length is more than 240 cm and/or have a width of more than 120 cm and a weight of more than 50 kg gross, which are intended for night delivery (night delivery service) must be registered no later than 4 pm at NSE’s place of business. If dangerous goods, in terms of hazardous goods, require transportation, the customer is obligated to notify NSE in writing of this fact. Failing such instruction, the customer is then liable for all damages arising from transportation of such goods by NSE without proper notification.
5. Information on the goods, overloading
In line with the due diligence of a prudent carrier, NSE is obligated to check whether the goods are consistent with the consignor’s entries in the transport document and in other transport information, with regard to quantity and apparent condition. NSE is not obligated to check closed containers or packaging. The customer must bear any potential costs for reweighing if the customer did not provide any, or provided incorrect, weight specifications. Should an overloading of the vehicle occur, which is caused by incorrect weight specifications or other reasons traceable to the customer and which are not known by NSE, the customer must bear all damages and costs accruing to NSE resulting from the overload.
6. Delivery of the goods
Delivery of goods will usually be effected by means of a receipt with information on the delivery at the depot or from the recipients. Such information must be thoroughly exact, free of omissions, and correctly stated; otherwise, NSE assumes no liability for loss or incorrect destination. NSE cannot deliver to post box addresses. NSE can deliver shipments, at the customers request, during the night (night delivery service), outside of normal business hours and in the absence of the recipient.
These shipments can be either deposited at a depot, to which the driver has a key with a coded number, or at a drop off point which is public and not secured. In the second instance, NSE assumes no liability. When a night delivery in the absence of a recipient occurs, the recipient cannot request a delivery receipt as they would with daytime orders from NSE.
7. Freight charges
Freight charges are calculated according to NSE’s current rates. The calculation is carried out per each individual order. The debtor is the customer. In the event of difficult transport conditions, NSE has the right to stipulate additional freight charges differing from the tariff.
Freight charges are calculated either by arrangement or immediately, in a clear and comprehensive invoice. Freight invoices from NSE are, unless otherwise agreed, due immediately, without any discount. NSE is entitled, in the case of arrears in payment, to charge interest at the customary local rate of 5% at a minimum, and also to charge customary local expenses.
8. Obstacles to transportation
If difficulties arise in transportation, NSE must immediately inform the customer and seek instructions from them. Should communication with the customer be demonstrably impossible or their instructions unobtainable, NSE may, at their discretion, return the goods to the customer, or store them, both in return for remuneration. Should the customer be responsible for the difficulty in transport, they must bear the costs for the extra mileage and any return transport, as well as other costs accrued. If NSE has been responsible for the difficulties in transport, the customer is not liable for any costs.
If the difficulty in transport is not due to any action by the customer or NSE, NSE may claim for refund of agreed upon freight charges or any potential additional expenses. NSE is not liable for any type of consequential damages.
9. NSE Liability
NSE is only liable for damages due to loss or damage which occur between the time of acceptance of the transport until delivery. NSE is not liable for damages which are not detectable or hidden damage to a shipment not visible due to the packaging. NSE is not liable for any type of consequential damages. The provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) apply.
10. Exclusion of Liability
The obligation to pay compensation pursuant to Item 13 is excluded for damages
– due to force majeure
– due to wartime events, order of higher authorities or seizure
– caused by the actions of the client, sender, recipient or their agents.
– breakage of the goods due to defects in manufacture or material.
– to goods which are excluded upon acceptance pursuant to Item 13.
– to repair and return shipments
– to undeclared/unmarked or incorrectly declared/marked parcels (packages)
Where NSE is able to substantiate having used the diligence of a proper freight carrier, damages to the goods due to frost, heat, temperature fluctuations and humidity are excluded from the obligation to pay compensation pursuant to Item 13. NSE is in principle not liable for financial losses which may arise as a result of loss or damage.
11. Limitations of liability
General maximums for damage and loss:
– Unless otherwise agreed, CMR applies at any rate (see item 9).
– Maximums: Damages (incl. loss) to goods transported by night delivery are compensated at max. Fr. 1000.- per shipment, for day delivery at max. Fr. 500.- per parcel, not to exceed Fr. 20,000.- per damaging event (accumulated). In the event that the loss amount per damaging event exceeds the total of Fr. 20,000.–, the damages (incl. losses) of several parties will be compensated proportionally. Customers must cover higher risks by additional insurance.
– For financial losses due to late delivery or lost shipment, liability is limited to the freight value stipulated in writing for the respective consignment.
– These limitations of liability do not apply in the event that the rightful claimant is able to prove gross negligence or willful breach of contract by NSE.
Limitations of liability for special hazards
– Liability for goods for night delivery without packaging or partly packaged is limited to max. Fr. 500.- per shipment.
– The liability for glass shipments is limited to Fr. 250.- per shipment unless covered by additional insurance.
– Liability is fully excluded for shipments left in an unlocked depot location per the recipient’s instructions. The same applies to damages (e.g. moisture due to rain) following delivery.
Unless otherwise agreed in writing in individual cases, each shipment is covered by transport insurance pursuant to CMR.
Higher insurance coverage for a single shipment may be purchased by the client, specifying the amount insured up to max. CHF 10,000.00, for an additional fee.
13. Expiration of claims from the transport agreement
Upon the recipient accepting the goods without reservation or upon expiration of the intervention period according to internal policies, all claims against NSE arising from the transport agreement expire upon delivery.
For night deliveries, the shipment is considered accepted without reservation unless the sender has filed a written claim with NSE no later than 12 (a.m.) on the day of delivery.
14. Right of retention/ Right of lien
The goods handed over or otherwise conveyed to NSE can be used by the latter as security for the prevailing balance of the overall business transactions with the customer. After non-productive expiry of a payment deadline set by NSE, where threat of resale is also applicable, the goods in question may be disposed of in the open market without any further formalities.
15. Place of fulfillment and place of jurisdiction is the business premises of NSE.
As of: February 2016