1. Scope of application
The general terms and conditions (GTC) regulate the relationship between customers, suppliers, partners and ART-Transporte GmbH for transport, additional services and services.
All orders are carried out on the basis of the general terms and conditions shown below. By placing the order, the contractual partner acknowledges the unrestricted validity of these conditions. Deviating conditions are only valid if they are confirmed verbally or in writing by ART-Transporte GmbH. If the client does not agree with this regulation, he must inform ART-Transporte GmbH immediately in writing. In the event of a written objection, ART-Transporte GmbH reserves the right to withdraw its offer without the client being able to derive any claims from ART-Transporte GmbH. Should individual provisions at hand be or become invalid, this does not affect the validity of the remaining contractual provisions. In such a case, the invalid provision must be reinterpreted or supplemented in such a way that the intended economic or legal purpose is nevertheless achieved.
The version of the General Terms and Conditions valid when the contract was concluded applies.
General terms and conditions of the contracting parties only apply to the extent that the contracting parties have agreed this in writing. ART-Transporte GmbH expressly contradicts the form-based reference of a customer to his own terms and conditions.

2. Transports
A transport contract is concluded when the customer has submitted an order to ART-Transporte GmbH, this has been accepted and the execution of the order has started. The drivers are not authorized to take orders. Other agreements remain reserved.
The choice of the means of transport is solely a matter for the carrier. The customer is liable for the truck-compatible access to the loading and unloading point, for the storage space of the transport containers and the load-bearing capacity of the subsurface. In individual cases, the access road and the suitable vehicle must be clarified by the customer with ART-Transporte GmbH. Additional expenses will be charged to the customer according to expenditure.
Waiting times through no fault of your own will be charged.
The time tariffs refer to the entire transport service (including travel to and from).
Billing outside of the flat rates is based on the hours actually used, rounded to the nearest quarter of an hour.
Damage caused by the instructions of the customer on private property or within construction sites is at the expense of the customer. Complaints or reservations about inadequate execution of orders and possible damage must be noted in writing on the work report in the presence of our employees. The work report is to be signed by the client or the client’s agent. Losses or damage that are not externally recognizable must be reported in writing by registered letter within 7 days after the end of the work.
There are no claims for damages due to late arrival or defects in the transport vehicle or container. The same applies to all damage that has not occurred to the goods themselves, but primarily represents consequential economic damage, such as use and operating losses and failures, couchette and demurrage, interest, exchange rate and price losses as well as all other indirect damage and activities.

3. Transport goods
The customer is responsible for the correct declaration of the transported goods. In any case, he is liable for the correct declaration and is in any case responsible for all costs of identification or for costs that may arise due to an incorrect, incomplete or ambiguous declaration. He is also liable for damage caused by improperly declared transport goods in transport containers or in processing and disposal facilities.
The customer is responsible for the transported goods. The goods to be transported are classified by the chauffeur using a delivery note. If at a later point in time incorrectly declared content is discovered, the customer will be charged according to the actual costs.
Dangerous goods notification by the customer is mandatory.

4. Deliveries Delivery
dates and delivery times The acceptance of deliveries and services or their payment does not imply approval of the terms and conditions of the client / supplier. Any necessary waiting time during operation, for example when unloading the material or handing it over to the recycling center of ART-Transporte GmbH, is at the expense and risk of the customer.
Agreed delivery dates must be strictly adhered to. The specified delivery dates / delivery periods refer to the receipt of the delivery at the place of performance. If the supplier is unable to meet the delivery date / delivery period, we must be notified immediately.
ART-Transporte GmbH endeavors to adhere to the specified delivery times. Our contractual obligations are subject to our own correct and timely delivery by our suppliers.

5. Prices, conditions and surcharges
The conditions for services are accepted by the customer and are considered to be legally valid in the contract if the customer does not complain in writing and justify a written offer or confirmation or the invoice / receipt for the service rendered within ten days of dispatch and documents adaptation calls.
The invoices are to be paid net without deductions within 30 days of the invoice date. Cash discounts that have not been agreed upon are not permitted and will be debited including correction expenses. Offsetting against any counterclaims is excluded in any case. ART-Transporte GmbH is entitled to charge the customer for any costs that arise as a result of default in payment (dunning costs).
Unless otherwise stated, the prices and conditions are in Swiss Francs (CHF) and do not include VAT.
We reserve the right to change prices at any time without prior notice.
Shipping costs and small quantity surcharges are permitted. The scope is based on the actual expenses or at least CHF 30.- per invoice / billing month.
ART-Transporte GmbH is entitled to charge surcharges (including for fuel, road charges, permits) as a result of external factors without prior notice. Additional costs due to tightening of the environment or safety regulations or adjustments to new legal requirements are to be borne by the customer. Fuel surcharges on all transport services are reserved and can be adjusted without prior notice according to the “ASTAG Switzerland” fuel index. The validity of offers is limited to 3 months, subject to special agreements. Special services such as fees, material costs, customs clearance, etc. are shown and charged separately.
New customers who are not registered (without an entry in the phone book) we reserve the right to request a deposit for our services. After completion of the order, the definitive billing takes place.

6. Working hours and surcharges
Transports are usually carried out during opening hours. Work outside of the opening times will only be carried out in special cases. An early agreement with ART-Transporte GmbH is a condition. For transport and overtime surcharges outside normal working hours, surcharges apply per man per hour.
Permits for night and Sunday trips will be billed to the client.
Our vehicles are subject to the applicable provisions of the Working and Rest Time Ordinance (ARV) of the truck trade (night and Sunday driving ban).

7. Complaints Place of
fulfillment and place of jurisdiction Any notifications of defects and other complaints can only be taken into account if they are communicated in writing to ART-Transporte GmbH within eight days of the provision of the service. Subsequent changes of address will be billed.
The place of performance and jurisdiction is the business domicile of ART-Transporte GmbH (municipality of Sisseln).
Swiss law applies. The ordinary courts are exclusively responsible for judging disputes.

8. Further provisions
The contractual partner has taken note of these general terms and conditions and accepts them.
As an additional binding basis, the currently valid “Calculation bases for local traffic” of ASTAG Bern are agreed as a framework tariff and cost rates.
Changes and additions to these general terms and conditions must be made in writing. ART-Transporte GmbH reserves the right to change these terms and conditions at any time without prior notice.

Status: Edition 01/2017