GENERAL TERMS AND CONDITIONS FOR SERVICES RENDERD BY YOUR SPECIAL DELIVERY SERVICE AG (YSDS), SWITZERLAND
1. AREA OF APPLICATION
These General Terms and Conditions apply to relationships between the client and YOUR SPECIAL DELIVERY SERVICE AG, with registered office in Kilchberg/Switzerland (« YSDS »), concerning the use of YSDS’s delivery services within Switzerland (including Liechtenstein) and also wordwide.
2. ADDRESSING AND PACKAGING
The client commits to addressing the items according to postal regulations. Shipments cannot be delivered to PO box addresses or to only a postal code. Shipments will be delivered to the delivery address being addressed by the client, but not necessarily to the named receiver personally. Phone number or email address to the recipient needs to be communicated prior to the shipment. Shipments to a central receiving area will be delivered to that area. YSDS may charge a supplement if extra processing is necessary for items which do not comply with these regulations.
3. PRICES AND INVOICES
YSDS standard shipments are subject to the prices listed in the current price lists or the order confirmation, adjusted for extra charges such as remote area surcharge. These prices do not incluce VAT, the fuel charge for road transportation, duties or ancillary costs owed for services by YSDS and/or incurred by YSDS on behalf of the client. YSDS special shipments are invoiced to the client according to confirmed price or to estimated price, adjusted with real freight chargeable weight or other extra charges. Invoicing occurs twice per month, the first and the 16th of each month. and the payment term is 30 days unless anything else has been agreed with YSDS in writing. YSDS collaborates with KMU Factoring AG for account receivables and all invoices should be paid to KMU Factoring AG.
4. REMOTE AREA SURCHARGE / SCOPE OF SERVICES
Pick-up within YSDS working district (= Pfäffikon(SZ), Zug, Dietikon, Kloten, Volketswil, Zollikon and Zurich(town)) are included in the price listed in the current price lists. All pick-ups outside YSDS working district will be charged a pick-up fee (so called pick-up fee). All pick-up taking longer than 15 minutes will be extra-charged to the client on a time basis. YSDS ist only liable to effect delivery and will not be liable for wrapping/unwrapping or packing/unpacking a shipment unless such requests are ordered in advance and in writing.
5. CHARGEABLE WEIGHT
The price of the shipments are based on either the actual weight or the dimensional weight. Whichever is highest of these two, actual or dimensional weight, will be charged. Shipments may be re-weighed and re-measered by YSDS to confirm this calculation. The dimensional weight is calculated with the following formula: (L x H x W/5000) for standard shipments. For freight shipments, the following formula is used (L x H x W/6000). Final chargeable weight is confirmed when the YSDS staff or other people working with YSDS get control of the shipment. Sometimes YSDS need to do additional packaging in order to secure the transport and the freight chargeable weight will then change.
6. ORDER REGULATIONS (APPLICABLE DATA)
Only data on items that has been delivered by the client electronically or in a different form is used and is applicable for further processing. The client is responsible that all information relating to the shipment is accurate and complete. Customs value needs to be declared and content of shipment described.
7. EMBALLAGE AND INSPECTION
The client commits to packaging the items according to YSDS regulations. YSDS may charge a supplement if extra processing is necessary for items which do not comply with these regulations. For shipments that need special packaging client will be extra-charged. Examples of goods that need special packaging are tv screens, sensitive equipment, art, glass etc. For third party and import shipments, YSDS is not responsible for packaging due to the shipment is not packed by YSDS nor seen by YSDS. YSDS may open items to check their content, but is not obliged to do so.
Time of delivery and authorisation for delivery acceptance:
-Items shall be deemed delivered once YSDS has handed them over to the conisgnee or any other persons residing at the same residence or present at the same business address.
Day of delivery :
-Items shall be delivered on working days, if nothing else is requested in advance.
9. NON-DELIVERABLE ITEMS
The following items are deemed non-deliverable items:
a. Items whose consignee cannot be located or determined;
b. Items whose consignee refuses acceptance.
Non-deliverable items shall be returned to the client at his/her own cost. The client has no right to receive a reimbursement of the price. YSDS may open the delivery to ascertain its sender.
10. ITEMS EXCLUDED FROM POSTING / DANGEROUS GOODS
YSDS is certificated to handle and ship dangerous goods.
Nevertheless the following items are excluded from posting:
a. Items which are addressed with a PO box number;
b. Items which do not meet the criteria listed in the latest product brochure;
c. account cash, gold or silver ingots, precious metals, bonds, bills of exchange, goods that are illegal to post.
d. Items whose packaging is unsuitable in terms of form, content and/or type;
e. Items which could injure people or cause material damage;
g. Firearms, munitions, explosives or military equipment;
i. Pornographic items or content of any kind which could be classed as pornographic or politically sensitive under the law.
j. Any goods which are classed as dangerous or forbidden items or are only permissible under certain conditions according to domestic or international conditions.
k. Live animals, human remains.
11. DELIVERY GUARANTEE / REIMBURSEMENT
If the shipment is delayed, compared to the informed delivery time prior to shipping, the client has the right to be fully reimbursed of the total amount of the shipping cost or that part being delayed. The highest level of reimbursement is the total shipping cost ( All other costs, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments are excluded from the guarantee).
The guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond YSDS’s control that could not be predicted by YSDS prior to the shipment, such as force majeure, customs delays, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, shipment diversion or non-standard clearance services; or unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested.
12. YSDS’s LIABILITY (BASIC LIABILITY CLAUSE)
YSDS’s liability is strictly limited to direct loss and damage only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to YSDS’s attention before or after acceptance of the shipment. If a shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. YSDS’s liability in respect of any one shipment transported is limited to its actual cash value of the goods in the shipment in question (manufacturing costs or purchase cost). Claims are limited to one claim per shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. In any event, the client will be required to provide evidence that he or she has incurred a loss and to substantiate the amount in question. If the client regards these limits as insufficient, he or she must make a special declaration of value and request insurance as described in Section 16 (Insurance of transport) or make its own insurance arrangements.
13. TIME LIMIT FOR CLAIMS
The conisgnee is obliged to check the item for damage or completeness immediately upon receipt. Defects visible from the outside must be reproved upon receipt. All complaints regarding defects not visible from the outside must be sent in writing to YSDS within three days after acceptance of the item, since otherwise YSDS will not be liable.
14. EXEPTIONS TO THE BASIC LIABILITY CLAUSE
YSDS is not liable:
a. for acts of God, particularly but not limited to natural disasters, power outages or electronic damage, riots, social conflicts, proceedings or injunctions against a person who is not employed by YSDS Express or under contract with them;
b. if the damage was caused by the client, in particular as a result of incomplete or incorrect information, inappropriate packing or addressing or if the damage is attributable to the type of the item’s content;
c. if the item is excluded as described in the conditions under section 10 or if it has been seized or destroyed by the relevant authorities;
d. if the addressee accepts the item without reservation;
e. if the addressee has not submitted a complaint as regards defects on the item which are not visible from the outside within eight days (Art. 452 of the Swiss Code of Obligations « OR »).
15. LIABILITY OF THE CLIENT
The client of a shipment is liable for all damages that YSDS and/or third parties incur as a result of posting unauthorised items or objects that do not comply with posting regulations or non-observance of the conditions of admission. The acceptance of such an item by YSDS does not exempt the client from liability.
16. INSURANCE OF TRANSPORT
General transport insurance by YSDS covers 22 CHF/ KG of the shipment of the total actual weight of the shipment. For valuable shipments, the client or recipient is recommended to purchase an additional insurance to the cost of 1.3% of the value of the shipment, with a franchise deductible of 500 CHF. This additional insurance must be agreed at the latest the same day of export. The insurance does not cover indirect loss or losses caused by delay. The sum insured shall be deemed to be the amount-specific limitation on liability in place of that in Section 12.
YSDS may call in subcontractors to perform the contract and is liable only for their proper selection and instruction, provided these are not subcontracted carriers. Liability in accordance with Art. 449 OR shall apply for the transport companies (subcontracted carriers) commissioned by YSDS, whereby YSDS remains liable to its customers but has a right of recourse to the subcontracted carrier.
Parties undertake not to disclose any data to outsiders about what this cooperation concerns or information that constitutes trade secrets of the party’s activities.YSDS may pass data on to state authorities and institutions in accordance with legal regulations upon demand.
19. APPLICABLE LAW / PLACE OF JURISTICTION
Swiss Law is binding for these General Terms and Conditions and all contracts subject to these. If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International limit YSDS ‘s liability for loss or damage. The exclusive place of jurisdiction for all disputes is the city where YSDS has its registered office.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
21. ALTERNATION TO THE GENERAL TERMS / WRITTEN MODIFICATIONS
Modifications and amendments to these General Terms and Conditions are only valid if they are agreed upon in writing. Oral collateral agreements are invalid.