Terms and conditions
General Terms and Conditions
for services provided by
Cotra Autotransport AG
Hübelacherstrasse 16, 5242 Lupfig
('COTRA')
1. Offer
1.1 COTRA provides vehicle transportation services with complementary offerings.
1.2 COTRA offers a range of services related to the transport, servicing, and maintenance of vehicles for its customers domiciled in Switzerland and Liechtenstein. These services include international transport to Switzerland or Liechtenstein, customs clearance upon import, domestic transport, storage, as well as the preparation and repair of customer vehicles ('Services').
2. Scope of Application
2.1 These general terms and conditions ('GTC') apply to all contracts concerning the services provided by COTRA.
2.2 General terms and conditions of the customer are in all cases excluded.
2.3 For transport and freight forwarding contracts, in addition to these GTC, the general conditions of SPEDLOGSWISS ('SPEDLOGSWISS') apply, with these GTC taking precedence over SPEDLOGSWISS.
2.4 For storage contracts, in addition to these GTC, the general conditions of SPEDLOGSWISS Lager ('SPEDLOGSWISS Lager') apply, with these General Terms and Conditions (GTC) taking precedence over SPEDLOGSWISS Lager.
3. Conclusion of Contract
3.1 The contract with the customer is concluded upon acceptance of the order by COTRA.
3.2 COTRA reserves the right to reject any order at any time without providing reasons.
4. Order
4.1 The order is placed through COTRA's customer portal (https://portal.cotra.ch/) ('Customer Portal'). In exceptional cases, COTRA may accept orders via telephone or email, which must be confirmed by COTRA via email to be valid. When placing an order through the Customer Portal, the corresponding general terms of use for the Customer Portal apply additionally. In the event of discrepancies between the order and the order confirmation, the order confirmation prevails.
4.2 A separate order must be placed for each service (e.g., transport, repair, or storage).
4.3 The customer must provide a billing address when placing an order
5. Provision of Services by COTRA
5.1 Unless otherwise agreed with the customer, the services to be provided by COTRA shall be in accordance with these General Terms and Conditions.
5.2 COTRA undertakes to perform the services with the necessary care.
5.3 COTRA is entitled to engage suitable subcontractors for the provision of services.
6. Special Provisions for Storage Orders
6.1 The provisions listed in this chapter shall apply additionally to storage orders.
6.2 The services of COTRA for storage orders shall further comply with the SPEDLOGSWISS Storage regulations (particularly Art. 2, 6 – 22 of SPEDLOGSWISS Storage).
7. Special Provisions for Transport and Forwarding Services
7.1 The provisions listed in this chapter shall apply additionally to transport and forwarding orders.
7.2 The services of COTRA for transport and forwarding orders shall further comply with the SPEDLOGSWISS regulations (particularly Art. 2, 7 – 17 of SPEDLOGSWISS).
7.3 The customer or the recipient is obliged to inspect the vehicles for any possible damage immediately upon delivery (within 24 hours) and to note any identified damage on the delivery note. The recipient is obliged to check the vehicles for any damage immediately upon delivery (within 24 hours) and to note any damage found on the delivery note. If reports are made after this period, COTRA is at its discretion entitled to provide compensation for transport damage caused by COTRA ('goodwill payments'). The customer has no claim to goodwill payments from COTRA. COTRA reviews goodwill payments afresh in each case of damage, independent of previous decisions regarding goodwill payments.
7.4 If the customer or the recipient fails to carry out an inspection, it shall be presumed that any possible damage to the vehicles is not the responsibility of COTRA. For the recipient, it is assumed that COTRA is not responsible for any damage to the vehicles. The customer is obliged to inform the recipient, who is not a contractual partner of COTRA, of the requirements contained in Clause 3.
7.5 COTRA shall not be liable for compliance with manufacturer or dealer instructions regarding the condition of the vehicles (e.g., condition of seals on the vehicle, conformity of the vehicle with internal guidelines of the dealer, etc.), provided that COTRA has not wilfully breached manufacturer requirements known to them nor done so with gross negligence.
7.6 In the event of damage to or destruction of a customer's vehicle during transport by COTRA or carriers acting on behalf of COTRA, COTRA's liability to the customer is limited to the amount of insurance payment received by COTRA for the incident. Any pure financial losses (e.g., lost profits, etc.) are excluded from liability in all cases.
8. Special Provisions for Contractual Services
8.1 For repair and reconditioning work as well as pre-delivery inspections on the customer's vehicle ('Works'), the provisions outlined in this chapter apply in addition.
8.2 COTRA carries out the works according to the customer's instructions. Unless otherwise agreed with the customer, COTRA uses materials and tools according to industry standards. Costs will be charged to the customer according to industry standards.
8.3 After the completion of the works, the customer is obliged to inspect them promptly and report any defects to COTRA in writing within seven (7) days. Otherwise, the works are considered approved by the customer. Defects reported in a timely manner and attributable to COTRA will be rectified by COTRA free of charge. Further defect rights (especially the right to reduce the price, rescind the contract, or claim damages) or withdrawal from the contract are excluded in all cases.
8.4 For private customers (consumers), COTRA grants a warranty on the works for two (2) years from the return of the vehicle to the customer. Warranty claims for pre-delivery inspections are excluded in all cases.
8.5 For business customers, COTRA grants a warranty on the works for six (6) months from the return of the vehicle to the customer. Warranty claims for pre-delivery inspections are excluded in all cases.
8.6 Defects identified during the warranty period that were not already apparent upon completion of the works in accordance with section 8.3 Obvious defects must be reported in writing by the customer to COTRA within seven (7) days of their discovery, otherwise, the customer will forfeit any claims in this regard. In the case of timely reported defects that COTRA is responsible for, COTRA will rectify these defects free of charge. Further defect rights (especially the right to reduce the price, rescind the contract, or claim damages) or withdrawal from the contract are excluded in all cases.
9. Execution and Delivery Times
9.1 The actual execution and delivery times may differ from the details provided at the time of order. The customer cannot derive any claims from this, particularly withdrawal from the contract or claims for compensation due to COTRA exceeding the execution and/or delivery times is excluded.
9.2 In the event of delays, COTRA will inform the customer in an appropriate manner.
10. Prices
10.1 The current prices of COTRA at the time of order shall apply.
10.2 Prices are understood to be net, plus Swiss value-added tax.
10.3 Unless otherwise agreed, prices are based on a diesel base price of CHF 1.64 gross (according to ASTAG fuel table for national transport). If the diesel price according to the ASTAG fuel table for national transport exceeds a range of -2%/+2% of the diesel base price in the last week of a month, the prices for orders and executions in the following month will be adjusted by the percentage that exceeds the range (e.g., with a price increase of 5%, a surcharge of 3% (5% - 2%) will be calculated on the order value). Such an adjustment also affects existing orders. The time of execution is decisive.
10.4 For special executions (e.g., express processing), a surcharge according to the currently valid price list is owed.
11. Payment
11.1 Payments are generally due within 30 days from the invoice date without deductions ("due date"). Payments may not be withheld or reduced due to defects in COTRA's performance or delays in performance. Offsetting with the customer's claims against COTRA is excluded in all cases.
12.1 If the customer fails to adhere to the agreed payment deadlines, they must pay interest at a rate of 5% on the outstanding invoice amount from the due date, without requiring a reminder. Further damages remain reserved.
12. Limitation of Liability
12.1 COTRA's liability is disclaimed to the extent permitted by law and unless expressly determined otherwise for specific services. Liability for auxiliary persons is excluded.
12.2 In particular, COTRA's liability for damage to the customer's vehicles (e.g., due to weather influences such as hail, snow, sunshine, by third parties, etc.) and/or in the event of natural disasters affecting COTRA's machines, materials, or vehicles in such a way as to cause damage to the customer's vehicles, is excluded in all cases.
12.3 In the event of COTRA's liability, COTRA will determine the method and manner of compensation. In particular, COTRA is entitled to offer a free rectification instead of compensation. Costs for rectification by the customer will only be covered by COTRA upon prior written approval by COTRA.
12.4 When involving subcontractors, COTRA is only liable for their careful selection, instruction, and supervision. Any further liability is excluded.
13. Data Processing
13.1 To manage the business relationship, COTRA processes personal data of the customer and/or their employees (name, address, phone number, email address, and vehicle insurance details) and order data (order data, requested service, delivery address, and the result of customer satisfaction surveys) (‘Personal Data’) and shares it with affiliated companies and third parties (e.g., the customer's insurance). COTRA may use the personal data for additional purposes (e.g., marketing, customer surveys) or pass it on to third parties.
13.2 COTRA processes personal data in accordance with legal requirements.
13.3 By placing an order, the customer consents to the processing of their personal data by COTRA as specified in section 1. 1 by COTRA. In particular, the customer consents to the sharing of data with third parties and companies associated with COTRA.
13.4 If the customer is a legal entity, the customer is obliged to inform its employees, whose data is processed by COTRA in connection with the business relationship according to section 1 processes, about the processing and obtain their consent. The customer confirms, by submitting their order to COTRA, that they have obtained the necessary consent from their employees for the processing of their personal data by COTRA. COTRA is entitled to request proof of this consent from the customer at any time.
13.5 The customer has the following rights regarding the personal data concerning themselves or their employees with respect to COTRA:
- Right of access,
- Right to rectification or erasure,
- Right to restrict processing,
- Right to object to processing,
- Right to data portability,
- If data processing is based on consent, the customer can withdraw this consent at any time without providing reasons for the future.
14. General Provisions
14.1 COTRA may amend these GTC at any time without prior notice. The current version applies. This is available on COTRA's website.
14.2 If any provision of these GTC is wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
14.3 Amendments and additions to contracts with customers are only valid in written form.
14.4 The exclusive place of jurisdiction for all disputes is COTRA's registered office. COTRA reserves the right to also file a lawsuit at the customer's (residential) address. Mandatory places of jurisdiction remain reserved.
14.5 Contracts with COTRA are exclusively subject to Swiss law, excluding international agreements such as the United Nations Convention on Contracts for the International Sale of Goods (CISG; Vienna Sales Law).
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