GENERAL TERMS AND CONDITIONS of aXpel professional AG
These terms and conditions (the "terms and conditions") govern the rights and obligations of both the depositor and aXpel professional AG (hereinafter "aXpel mobileslager.ch") during the storage of storage items such as art, antiques, office furniture, household items, furniture, equipment , apparatus without lubricants, machines without fuel and lubricants, vehicles without fuel and lubricants, files and other non-perishable goods (hereinafter "items").
PROHIBITED STORAGE ITEMS:
-
Temperature-dependent goods, such as e.g. food
-
Fireworks and highly explosive liquids not in solid form
-
Inflammable objects
-
Goods and objects that are stacked, placed or hung heavier than 250 kg / m2 will be issued a special order confirmation with permission and defined location
-
1 OBJECT
-
1.1. aXpel mobileslager.ch accepts warehousing and storage of storage items in accordance with the following provisions and upon payment of the agreed fee.
-
1.2. As a basis for the storage of storage items of the signed storage contract, delivery note or invoice and all documents, it is valid with reference to the Terms and Conditions.
-
1.3. Additionally, the provisions of the Swiss Code of Obligations (OR) for the deposit of the contract (Art. 472 ff. OR) apply.
-
1.4. These terms and conditions is also valid for transporting outside the warehouse premises.
-
2 CONCLUSION
-
2.1. aXpel mobileslager.ch can the storage of storage items without giving any reason to refuse. Without appropriate assurances in storage contract any claims for damages against aXpel mobileslager.ch are invalid.
-
2.2. The depositor is obliged to give aXpel mobileslager.ch the complete and accurate information on the einzu-overlapping objects. This especially refers to, but not limited to, quantity, declaration, characteristics, hazardous goods, estimate or market value, ownership and authorized third parties. Changes during the storage period should be communicated with aXpel mobileslager.ch in writing. Likewise, the depositor is obliged to notify aXpel mobileslager.ch of any change of their domicile in writing.
-
2.3. For aXpel mobileslager.ch the information given on the documents are binding. It is not required, but has the right to verify this. aXpel mobileslager.ch has the right to make random checks and to open the packaging of the goods or to destroy. If the details of the depositor from the start or during the storage period is incomplete or incorrect, any liability of aXpel mobileslager.ch is reduced (see. Para. 7.2 and 7.4 [h]).
-
3 IMPLEMENTATION
-
3.1. aXpel mobileslager.ch only checks the external characters during the storage of the articles. aXpel mobileslager.ch is entitled to any possible further tests of the objects, which does not affect the liability of aXpel mobileslager.ch.
-
3.2. The articles and / or storage box are in the storage and retrieval are weighed when the depositor expressly request it if it is necessary for customs treatment or appears necessary for aXpel mobileslager.ch control reasons.
-
3.3. When storing the objects aXpel mobileslager.ch provides the depositor a warehouse / delivery contract, which is binding upon signature of both parties. The storage / delivery does not have the character of securities, therefore it is not eligible as collateral, pledged nor transferable.
-
3.4. aXpel mobileslager.ch is concerned about the storage and retrieval of storage box or pallets with the storage of goods. aXpel mobileslager.ch makes possible that no demurrage is to be paid, but accepts it in principle that it is under no obligation to storage and retrieval within specific periods and has no liability for any damages or costs incurred during a possible waiting time.
-
3.5. aXpel mobileslager.ch is subject to a special contractual regulation but is not obliged to pay the depositor invoice for freight charges, duties, taxes, etc.. aXpel mobileslager.ch may thereby rely on the information of the depositor. This is liable for all consequences of incorrect declaration, including taxes, duties, fines and penalties. The depositor is required to pay aXpel mobileslager.ch the given amounts together with default interest and a processing fee.
-
4 OUTSOURCING AND TRANSFER
-
4.1. The outsourcing contract by the depositor must be in writing and contain the following information:
-
a) warehouse number, delivery or identification number
-
b) Separate order for handling and transport. Order confirmation from aXpel mobileslager.ch applies to the depositor as an order and will be invoiced.
-
4.2. The depositor in whose name the goods are stored, is generally considered entitled to dispose. In addition, the bearer of the warehouse receipt is deemed legitimate to store the goods. aXpel mobileslager.ch is entitled to demand an additional legitimation or hand over the goods without presentation of the storage receipt, if proof of the right of disposal shall be provided in other ways.
-
4.3. aXpel mobileslager.ch immediately request a duplicate and invalidation of the first recognition / permission slip when there is a loss of recognition / authorization certificate.
-
4.4. aXpel mobileslager.ch is not obliged to make only a partial removal of the stored objects before all claims have been settled by aXpel mobileslager.ch from the storage contract or other agreements between the parties.
-
4.5. Outsourcing partly is against appropriate delivery. If taking out individual pieces is required, the depositor has aXpel mobileslager.ch to compensate separately for the changeover, opening the vessel and any other work benefits.
-
4.6. The complete abolition of the storage can only return to the warehouse - recognized- or the issued merchandise order. In exceptional cases, outsourcing is the depositor displayed by phone or in writing.
-
4.7. aXpel mobileslager.ch give the necessary time for proper deployment for outsourcing.
-
4.8. The transfer of ownership (wholly or partially) to third parties should be notified to aXpel mobileslager.ch in writing. As a result, aXpel mobileslager.ch provides to the third party a new warehouse / delivery and the transferor a written notice. Until that time, the depositor with aXpel mobileslager.ch remains entitled and obliged. The deposit and retention of legal claims of aXpel mobileslager.ch persist for the obligations of the former and each subsequent owner. If acceptance of the transfer of property is rejected, the broker agreement with the previous depositor persists. For all the transmission costs incurred for aXpel mobileslager.ch, the previous depositor has to pay under joint and several liability with the person entitled.
-
4.9. The depositor or authorized receiver has to check the adoption of the articles report the condition and quantity of any defects in writing immediately and without delay in the handover. If no timely complaint, all claims against aXpel mobileslager.ch are forfeited.
-
4.10. All claims against aXpel mobileslager.ch expire after one week after delivery of the goods to the authorized receiver.
-
5 SELL STORAGE PRODUCTS / VISIT
-
5.1. aXpel mobileslager.ch can accept orders for disposal of the stored goods and show prospective customers the salable items. Unless otherwise agreed in writing, aXpel mobileslager.ch will do it for free.
-
5.2. The funds aXpel mobileslager.ch receives for this activity is to be laid down in the Commission's gross proceeds. The commission expenses for inspection and sale of items is not covered fully by aXpel mobileslager.ch, so these costs are to be paid by the depositor in addition.
-
5.3. Each visit to the objects shall be preceded by a corresponding order of the depositor stating the visiting people. aXpel mobileslager.ch is entitled to demand a statement of the identity of the visitor. The related expenses are charged to the depositor separately.
-
5.4. The depositor has only during business hours after prior notification and accompanied by aXpel mobileslager.ch and upon presentation of the warehouse receipt to access the property.
-
6 STORAGE FEES / RETENTION AND PLEDGE LAW
-
6.1. The storage fee is based on the space requirements and the value and surcharge is calculated per month. Each started month is fully charged. Special work caused by the incorporated storage objects or made on behalf of the depositor are charged separately.
-
6.2. The storage fee is normally payable monthly in advance. Any other agreements may be established by aXpel mobileslager.ch in writing. Verbal agreements are not valid. In a partial outsourcing or additional retention aXpel mobileslager.ch remains reserved, setting the amount of a new storage.
-
6.3. aXpel mobileslager.ch to the incorporated storage objects have according to Art. 485 para. 3 CO a lien pursuant to Art. 895 et seq. of the Civil Code.
-
6.4. Furthermore aXpel mobileslager.ch has the right to cover all claims that it is entitled to for any legal title against the depositor for storage objects in their custody or their control a contractual pledge.
-
6.5. If the depositor has delayed the payment of the storage fee for more than a year, aXpel mobileslager.ch has the right to dispose the items stored. If there are doubts as to whether the value of the goods covers the demand aXpel mobileslager.ch, aXpel mobileslager.ch is authorized to dispose of the items before the expiry of this year.
-
6.6. aXpel mobileslager.ch must notify the depositor of this proposed measure by registered letter to the last known address in knowledge. If the depositor within 20 days of final payment fail to do, aXpel mobileslager.ch can proceed to private sale immediately.
-
6.7. For a possible unfunded balance of the depositor is liable; a profit is, unless it can be delivered to the depositor, to stand as an interest-free credit.
-
6.8. By the assignment of the camp art and other items to a third party, the deposit and retention of legal claims aXpel mobileslager.ch against the transferor is not affected.
-
6.9. Alleged defects in the storage objects the depositor intends to make aXpel mobileslager.ch liable, aXpel mobileslager.ch is entitled to retain the goods until after the settlement of the complaint, without the depositor claims for damages may be asserted.
-
6.10. Claims for damages for non-founded outsourcing of storage items are excluded entirely.
-
6.11. The depositor expressly waived to offset claims of aXpel mobileslager.ch on storage charges and compensation for any additional benefits against possible counterclaims.
-
6.12. Changes after conclusion of the contract, the local rates or the local rates of the sector, changes accordingly to the agreed storage fee.
-
7 LIABILITY
-
7.1. aXpel mobileslager.ch undertakes towards the depositor for conformity with the Treaty and careful execution of the storage contract.
-
7.2. aXpel mobileslager.ch is only liable for damages which were caused detectable by unlawful intent or gross negligence of aXpel mobileslager.ch. Lack information or false information on the value, the value of it is estimated by aXpel mobileslager.ch, but in any case it is limited to a maximum total of CHF 10,000.
-
7.3. In other cases, particularly in transport, forwarding and customs clearance, aXpel mobileslager.ch is only liable for a careful selection and instruction of the caregiver.
-
7.4. Liability of aXpel mobileslager.ch is also excluded in the following cases:
-
a) for damages caused by force majeure, strikes, acts of war and similar events;
-
b) for sensitive and improper packed transferred art, antiques, vehicles, general objects with collectors or collector's value and other items;
-
c) for unpackaged transferred items that are exposed to the risk of loss or damage, such as Miniatures, mats, etc .;
-
d) for the content of boxes, baskets, cabinets, drawers and other containers, unless aXpel mobileslager.ch is about a special directory, the packaging is controlled or adopted by aXpel mobileslager.ch and it is a special written agreement in that regard;
-
e) for glue and veneer solutions, abrasions, bruising furniture, breakage of rotten furniture, and for the consequences of variations in temperature or atmospheric moisture;
-
f) for rust, mouse, rat and moth damage, woodworm, mold and damage;
-
g) for internal damage externally properly purchased objects;
-
h) for the consequences of making false statements;
-
i) for indirect damages, consequential damages, delay damages, lost profits, impairment claims, penalties, etc .;
-
j) for circumstances that aXpel mobileslager.ch, despite applying the necessary care, not influence and by which it was unable to prevent.
-
7.5. The due diligence of aXpel mobileslager.ch extends only to the storage of objects in the appropriate premises, but not on any special arrangements and the treatment of the objects during storage, unless it was here on an express written agreement.
-
7.6. The liability of aXpel mobileslager.ch begins in any case at the earliest with the storage and ends at the latest with the outsourcing of the articles. If the depositor himself stores or retrieves before, aXpel mobileslager.ch is relieved from any liability for those actions and any liability to or from that date.
-
7.7. The depositor is liable for any damage that arises from storage by aXpel mobilesalager.ch or third parties.
-
8 INSURANCE
-
8.1. aXpel mobileslager.ch includes only insurance for the stored goods if a corresponding written order of the depositor is present. As insurance value of the declared by the depositor value is adopted. This is proven by the claimant in case of damage. The corresponding insurance premiums are charged to the depositor separately.
-
8.2. In a quantity or value change of the articles, the sum insured on written request of the depositor will be adjusted down. Any disadvantages resulting in not timely reported change in value to aXpel mobileslager.ch is borne solely by the depositor.
-
8.3. Given the depositor has no order for aXpel mobileslager.ch to take out insurance, aXpel mobileslager.ch assumes the / objects from the depositor or a third party is adequately insured. aXpel mobileslager.ch shall be exempted for any loss which may arise from any liability.
-
8.4. In any case of damage the depositor has only so far as entitled to damages, as the insurance company is making a replacement due to the respective insurance conditions aXpel mobileslager.ch is entitled under deduction of any claims against the depositor. Any further liability of aXpel mobileslager.ch that acts only as an intermediary between depositor and insurance company is hereby excluded in its entirety.
-
9 TERMINATION
-
9.1. If the storage agreement concluded for a definite period, it ends with the expiry.
-
9.2. If the storage agreement concluded for an indefinite period, he may require the depositor, subject to paragraph. 9.3 at any time with a period of 48 hours of aXpel mobileslager.ch with one month's time, be terminated in writing to the last known address of the depositor.
-
9.3. The storage contract may also be ahead of schedule for fair reasons without notice. This is especially given if provisions of this agreement are violated.
-
9.4. If the depositor after the ordinary or exceptional termination of the call, pick up the items within the specified period, not after, aXpel mobileslager.ch has the right to freely sell the stored goods. After expiry of the deadline for the withdrawal of the objects to the actual removal (sales) twice the agreed storage fee is owed.
-
9.5 The depositor is concerned for the cleaning and disposal of the storage box / space and for any unnecessary packaging and auxiliary materials and liable. See it necessary that aXpel mobileslager.ch make cleaning / repair or replacement and dispose make / procure, in order to enable / the provided storage box / square into the original state, the costs are are owed to the depositor bill.
-
10 GENERAL PROVISIONS
-
10.1. Changes and additions to the storage contract and these terms and conditions shall be in writing.
-
10.2. aXpel mobileslager.ch reserves the right to change these terms at any time. The changes will be communicated to the depositor via newsletter or other appropriate means and therefore no contradiction within one month to be approved.
-
10.3. aXpel mobileslager.ch is entitled, but not obliged, to orders, instructions or communications of the consignor by telephone, fax, email, SMS, and similar types of transmission receive or respond to such. Such orders transmitted, instructions or communications of the consignor only have effect when the depositor confirmed in writing to aXpel mobileslager.ch to execute the contract, the instructions to accept or to take note of the information. Reserved remains a different written agreement.
-
10.4. These Conditions are published in German and in English. For the interpretation, the German version shall prevail.
-
10.5. In and around the storage areas and offices subregions are monitored by video cameras to increase security. Recordings of individual cases relation are stored, as far and as long as necessary for the security of the depositor and the investigation of crimes.
-
11 PLACE OF PERFORMANCE, JURISDICTION AND APPLICABLE LAW
-
11.1. Place of performance and exclusive jurisdiction is Krauchthal / Burgdorf.
The place of performance is the place of debt.
aXpel professional AG called: aXpel mobileslager.ch, is entitled to sue at any other competent court.
-
11.2. Applicable exclusively to Swiss substantive law.
Krauchthal January 2016 aXpel professional AG
