General Terms and Conditions of LIMBERCARGO XPress
§ 1 Area of application
For the avoidance of doubt any reference in these Terms and Conditions to:
“Consignee” shall refer to the party named “Consignee” in the Consignment Note.
LIMBERCARGO XPress shall mean the LIMBERCARGO Air & Sea AG, LIMBERCARGO
Logistics SA entity defined in the Carrier field in the Consignment note.
“Shipper” shall refer to the party named “Shipper” in the Consignment. These Terms and
Conditions apply to the transportation of consignments which are surrendered to us using
the “LIMBERCARGO XPress” dispatch order made available by us therefore or with a
consignment note issued via our LIMBERCARGO XPress online booking portal and is
accepted by LIMBERCARGO XPress for transportation.
The Terms and Conditions are available on www.Limbercargo.com, on the back of the
dispatch order or sent directly to you upon request. The Shipper is requested to familiarize
himself with the LIMBERCARGO XPress Terms & Conditions prior to shipment.
LIMBERCARGO XPress reserves the right to amend and supplement the Terms and
Conditions unilaterally without informing our contractual partners separately. The current
version published on the website www.Limbercargo.com applies in each case.
The application of general terms and conditions of business of the Shipper or third party is
expressly excluded. Any agreements differing from these Terms and Conditions are subject
to an express written agreement between the Shipper and LIMBERCARGO XPress. Unless
otherwise stipulated in applicable statutory legislation or international conventions, these
Terms and Conditions shall apply. In the case of air transport, the Montreal Convention may
apply. Cross-border transport may be subject to the Convention on the Contract for the
International Carriage of Goods by Road (CMR).
§ 2 Services
I. LIMBERCARGO XPress service portfolio includes:
- LIMBERCARGO XPress: Delivery of documents and consignments
worldwide in the shortest time possible.
- LIMBERCARGO XPress Economy: National and international forwarding for
non-urgent consignments.
- LIMBERCARGO XPress Special Services: National and international
forwarding for top-urgent consignments.
II. LIMBERCARGO XPress selects the mode of transport with the diligence of a prudent
businessman.
§ 3 Fee
The fee is calculated according to LIMBERCARGO XPress current respective price list,
which is available upon request. In so far as different agreements are concluded in individual
cases, for example for special performances, these specifically agreed prices shall apply.
State levies, such as customs duty and import turnover tax, are not included in the fee. Such
levies are listed separately in the invoice.
The Shipper is obligated to pay the fee as well as other costs not included in the fee, such as
customs duty and import turnover tax. In the case of “charges collect” consignments,
LIMBERCARGO XPress issues the invoice to the recipient initially. The Shipper’s
obligation to pay is not affected thereby.
§ 4 Excluded goods
I. Unless otherwise expressly agreed, the following items are excluded from transportation:
1. Consignments with insufficient packaging.
2. Dangerous goods which require special handling (e.g., those for which a DGR statement
is required).
3. Valuable consignments (e.g., precious metals, jewels, etc.) and works of art.
4. Perishable goods (e.g., foodstuffs).
5. All types of weapons as well as self-igniting and explosive goods.
6. All types of removal goods.
7. All types of pharmaceuticals.
8. Plants and animals.
9. Currency and securities including stamps.
10. Alcohol, tobacco and pornographic publications and articles.
11. All goods whose import and export is prohibited according to the applicable national
regulations in each case.
12. Letter of credit consignments.
13. Cash on delivery consignments.
14. Jewellery and watch consignments with a value exceeding 500 CHF.
15. Furs.
16. Computers, laptops, tablets, mobile phones above 50,000 CHF.
II. The Shipper shall be liable for any and losses suffered by LIMBERCARGO
XPress if the Shipper sends excluded items contrary to § 4.1.
III. The above mentioned items may only be shipped with LIMBERCARGO
XPress according to prior written agreement with LIMBERCARGO XPress.
§ 5 Inspection
LIMBERCARGO XPress is entitled, but not obligated at LIMBERCARGO XPress own
request or by official directive, to open consignments surrendered for transportation and are
not subject to any liability in this respect.
§ 6 Liability
Unless otherwise stated in mandatory statutory regulations or international conventions
regarding national or international carriage of cargo, LIMBERCARGO XPress liability shall
be limited in accordance with this Clause 6 of these General Terms and Conditions of
LIMBERCARGO Xpress. Any loss, damage or delay of a consignment in the custody of
LIMBERCARGO XPress or anyone acting on behalf of LIMBERCARGO XPress shall be
limited to 2 SDR per kilogram with the maximum of 3,000 SDR per consignment.
LIMBERCARGO XPress shall not be liable for indirect or consequential losses such as but
not limited to loss of profit, loss of business arising indirectly out of a lost, damaged or
delayed consignment.
Should the limitations of liability determined in these General Terms and Conditions of
LIMBERCARGO Xpress or the mandatory statutory legislation not apply or be invalid, we are
only liable in the event of intent or gross negligence by our legal representatives or agents.
Our liability is limited to the damage typically expected unless the damage entails loss of life
or personal injury.
The Shipper may declare a higher value of up to 25 SDR per kg and a maximum of 3,000
SDR per consignment if such declaration is made to LIMBERCARGO XPress prior to
shipment. The declared value shall only apply to the shipment if LIMBERCARGO XPress
has accepted the declaration.
Any claim related to loss, damage or delay of a consignment shall be made directly to
LIMBERCARGO XPress immediately upon delivery in case of visible damage or no later
than 7 days in case of non-visible damage. In case of delay the claim shall be made to
LIMBERCARGO XPress no later than 14 days of the delivery of the delayed consignment.
§ 7 Insurance
LIMBERCARGO XPress may, by special written request, take out a cargo insurance for
the transport of goods in favour of the shipper and for the Shippers cost with an insured sum
of maximum of 100.000 CHF. It is the obligation of the Shipper to state the value of the
consignment and the nature of the consignment, to secure the insurance cover.
Notwithstanding the above, in no case shall this insurance cover:
Shipments of Deeds and Securities and Treasury Notes and the like, Designs,
Patterns, Plans and Manuscripts, Helicopters, Livestock, Bloodstock, Living Creatures, and
Money (including Bank Notes and Coins), Stamps, Duty Stamps and the like.
Shipments to or from or in transit via Afghanistan, Republic of hechnya, Gaza Strip, Iran,
Iraq, Myanmar, Somalia, Sudan, West Bank, Yemen, East Timor, Liberia, North Korea,
Sierra Leone, Syria.
§ 8 Partial invalidity
Should one of the provisions of these Terms and Conditions be or become invalid, the
validity of the remaining provisions shall not be affected thereby. The invalid provision shall
be replaced by a valid provision that comes closest to the economic content of the invalid
provision.
§ 9 Choice of law / Place of jurisdiction
The laws of Switzerland shall apply unless otherwise stipulated in the mandatory statutory
legislation.
Any disputes shall be settled by the court of law at the venue of LIMBERCARGO XPress or
the venue of the Shipper.