Liability as a provider of Other Services (Customs Clearance, Logistics Transactions, etc.) (in accordance with Art. 2, No. 5) Art. 26 Limitation of the amount of liability The liability of the forwarder is limited: - For loss of or damage to the goods, to not more than 8.33 special drawing rights per kilo gross weight of the affected part of the shipment - For other services (customs clearance, logistics transactions, etc.), to the amount of the loss or damage incurred. Total liability shall not exceed 20’000 special drawing rights per claim. Conditions of Payment Art. 27 Payment to the forwarder is due upon invoicing. Interest of 1.2% per month is chargeable as from the beginning of the month in which notice of default is given. Art. 28 The forwarder is under no obligation to advance sums in payment of freight, customs duties, levies etc. He may require the customer to make advances payments in the appropriate currency. In respect of any such disbursement by the forwarder, he shall be paid a commission and be reimbursed for exchange rate losses which are substantiated. Art. 29 Upon delivery of a given shipment, the forwarder may collect sums owing to him in respect of the same shipment. Art. 30 lf the customer instructs the forwarder to collect freight, customs duties, levies etc. from the consignee of the goods or third parties, and if the relevant party cannot or will not make the payment demanded by the forwarder, the customer shall be liable for same. Time Limitation of Claims Art. 32 Subject to compulsory provisions of the law, all claims against the forwarder shall lapse after a period of one year. The limitation period shall commence from the time of delivery of the goods, or in the event of destruction, loss or delay, on the day on which the goods should have been delivered. In the case of other services, the limitation period shall run from the day on which the service was provided or should have been provided. Place of Jurisdiction and Applicable Law Art. 33 For all disputed claims between the contracting parties, the domicile of the forwarder shall be deemed to be the place of jurisdiction. lf the forwarder has more than one business establishment, the place of jurisdiction shall be the location of the establishment which received the order. However, the forwarder may also bring court proceedings to enforce its claims at the place or residence of the debtor. Swiss law shall apply. Original Text Art. 34 The General Conditions of SPEDLOGSWISS have been drawn up in German, French, Italian and English and may also be translated into other languages. The German version shall be deemed to be the binding text. Copyright 2005, SPEDLOGSWISS (Swiss Freight Forwarding and Logistics Association) Right of Retention Art. 31 The forwarder shall have a lien on the goods handed over to him or which otherwise come into his possession for the outstanding sums owed to him in respect of all business transactions with the customer. lf payment has not been effected within a time limit set by the forwarder with the threat to dispose of the goods, the forwarder shall be free, without further formalities, to sell the relevant goods at the best obtainable price. GC SPEDLOGSWISS Page 4 from 4
Download PDF file
Cookie policy