General Terms and Conditions

1.1 These General Terms and Conditions (GTC) apply to contracts between Prime Umzüge GmbH (hereinafter "PRIME UMZÜGE") and its private or business customers for moves, transport and cleaning services, as well as expressly agreed ancillary services such as packing, furniture assembly, clearance, disposal or interim storage within Switzerland.

1.2 These GTC become part of the contract if PRIME UMZÜGE makes them available to the customer prior to conclusion of the contract and the customer agrees to them. For cross-border transports, supplementary or deviating terms may be agreed.

1.3 In the event of contradictions, the following order of precedence applies: individual written agreement, order confirmation, quotation including the description of services, and thereafter these GTC. Mandatory statutory provisions take precedence in any case.

1.4 Depending on the agreed service, the provisions of the Swiss Code of Obligations (CO) on contracts for work (Art. 363 et seq. CO), mandate (Art. 394 et seq. CO) and contracts of carriage (Art. 440 et seq. CO) apply in addition.

2.1 Quotations are based on the information provided by the customer and on the circumstances identifiable during any site visit. They are binding for the period stated therein; if no period is stated, the quotation remains valid for 30 calendar days from the date of issue.

2.2 A contract is concluded as soon as the customer accepts the quotation in text form, PRIME UMZÜGE confirms the order, or PRIME UMZÜGE commences performance at the customer’s express request. Text form includes, in particular, letter and e-mail.

2.3 The scope of services includes only the work listed in the order confirmation or quotation. Changes and additions become binding only once confirmed by PRIME UMZÜGE or actually carried out.

2.4 Mandatory statutory rights of revocation or withdrawal of the customer, in particular where the statutory requirements for door-to-door transactions are met, remain reserved.

3.1 PRIME UMZÜGE performs the agreed services professionally and with care, using suitable work and transport equipment. The goods are delivered at the agreed destination.

3.2 PRIME UMZÜGE may engage suitable employees, auxiliary persons and subcontractors. PRIME UMZÜGE remains the contracting party vis-à-vis the customer and is liable for auxiliary persons engaged in accordance with the law and these GTC.

3.3 Time estimates in a quotation are approximate unless a date is expressly designated as binding. PRIME UMZÜGE informs the customer as early as possible of any significant deviations.

3.4 PRIME UMZÜGE may suspend or refuse work if its execution would be unlawful, objectively unreasonable, or associated with an unacceptable risk to persons, property or the environment. Where possible, PRIME UMZÜGE gives the customer the opportunity to remove the obstacle.

4.1 The customer provides PRIME UMZÜGE in good time with all information required for safe and correct performance and for a reliable price calculation. This includes, in particular:

• complete details on the scope, quantity, volume, weight and nature of the items to be transported or processed;
• pick-up and delivery addresses, floor levels, lift dimensions, load capacities, walking distances, access routes, parking and stopping options, as well as any time-related or official restrictions;
• information on particularly heavy, bulky, fragile, valuable, hazardous or specially handled items and materials;
• information on sensitive surfaces, known pre-existing damage, substances hazardous to health, pest infestation or unusual soiling;
• all necessary permits, keys, access rights and contact persons, unless obtaining these has been expressly assigned to PRIME UMZÜGE.

4.2 Without a special agreement, PRIME UMZÜGE is not obliged to inspect the contents of closed containers or to carry out weight, dimension or value checks. If PRIME UMZÜGE identifies significant uncertainties or obvious discrepancies, it clarifies them with the customer where possible.

4.3 The customer ensures that access routes, stairs, corridors, doors, lifts and work areas are accessible and usable at the agreed time. For cleaning services, water, electricity, adequate lighting and - where necessary - heating must be made available.

4.4 Additional costs and delays resulting from incorrect or incomplete information, lack of cooperation, or subsequent changes by the customer may be charged separately, provided PRIME UMZÜGE notifies the customer of this in advance where possible.

5.1 Unless otherwise agreed, the customer is responsible for packing suitable for transport. Fragile items, pictures, lamps, plants, electronic devices and similarly sensitive items must be specially protected and clearly labelled. PRIME UMZÜGE may re-pack inadequately packed items at the customer’s expense or refuse to transport them for safety reasons.

5.2 Excluded from transport are, in particular:

• cash, bearer securities, precious metals, weapons, ammunition, explosive, flammable, toxic or other hazardous substances;
• unlawful goods, easily perishable goods and live animals;
• items whose possession, carriage or disposal requires a permit that is not available.

5.3 Jewellery, important documents, works of art, antiques, collectibles and other items of special sentimental or material value will only be transported if they have been specified in writing prior to conclusion of the contract, declared with their value, and expressly accepted by PRIME UMZÜGE. PRIME UMZÜGE may require special packaging or insurance for such items.

5.4 The customer empties and secures appliances prior to transport. Refrigeration appliances must be defrosted in good time, washing machines and dishwashers must be emptied, and transport locks must be fitted. Data on computers, storage media and other electronic devices must be fully backed up beforehand.

5.5 Work on electrical, gas, water or other installations requiring a permit or specialist qualification is carried out only by appropriately qualified persons and only if expressly agreed.

6.1 The scope and quality standard of the cleaning follow from the agreed description of services. Special work not listed - such as the treatment of unusual soiling, mould, nicotine, construction or hazardous substances, as well as the cleaning of hard-to-reach exterior surfaces - is only owed if expressly agreed.

6.2 The customer informs PRIME UMZÜGE of sensitive materials, manufacturer instructions and known pre-existing damage. Absent any agreement to the contrary, PRIME UMZÜGE uses standard commercial cleaning products and methods that appear suitable for the identifiable surfaces.

6.3 A handover acceptance guarantee exists only if expressly confirmed in the quotation. It covers the free-of-charge re-cleaning of points objected to at the handover inspection, provided these fall within the agreed scope of services and PRIME UMZÜGE is given a reasonable opportunity to remedy them. Decisions of a landlord or property management outside the agreed scope of services are not guaranteed.

7.1 Remuneration is based on time and material costs, a fixed price, or a cost ceiling, as specified in the quotation. Cost estimates are binding only if expressly designated as a fixed price or cost ceiling.

7.2 A fixed price covers the specified services under the circumstances assumed in the quotation. The following, in particular, may be charged in addition:

• additional services requested subsequently or not identifiable at the time the contract was concluded;
• additional effort due to deviating quantities, dimensions, weights, walking distances, floor levels, access routes or the unavailability of a lift;
• additional packaging, special equipment, lifting or rope work, as well as the engagement of necessary specialists;
• waiting times, empty trips, detours, interim storage or repeated journeys not caused by PRIME UMZÜGE;
• official fees, parking, toll, ferry, customs and disposal costs, as well as agreed third-party services.

7.3 PRIME UMZÜGE obtains the customer’s consent before carrying out significant additional work, where possible. Urgent measures to protect persons or property may be carried out without prior consent if a timely inquiry is not possible and the costs are proportionate.

7.4 All prices are quoted in Swiss francs. For private customers, the stated prices include any value-added tax owed. For business customers, the price indication in the quotation applies.

8.1 Advance payments or payments on account are owed only if agreed. The remaining balance becomes due upon completion of the service, unless the order confirmation provides for a different payment period. In the absence of a differing agreement, the payment period for invoices is 10 calendar days from the invoice date.

8.2 Where a due date is fixed by the calendar, default occurs without a reminder; otherwise, default occurs after a reminder. From the onset of default, the customer owes the statutory default interest of 5% per annum (Art. 104 CO) as well as proven, reasonable collection costs, insofar as these were caused by the default.

8.3 In the case of significant and justified objections, the customer may withhold only a portion of the remuneration proportionate to the alleged defect, pending clarification. Undisputed amounts remain due.

9.1 A cancellation or rescheduling must be communicated to PRIME UMZÜGE in text form as early as possible. The time of receipt of the notification by PRIME UMZÜGE is decisive. Mandatory statutory rights remain reserved.

9.2 In the event of full or partial cancellation, PRIME UMZÜGE may charge the following lump-sum compensation for the cancelled portion of the service:

This lump sum specifies the compensation for premature termination, in particular within the meaning of Art. 377 CO, insofar as this provision is applicable.

9.3 Saved expenses and income from a reasonable replacement booking are credited. The customer may prove that PRIME UMZÜGE incurred no loss, or a substantially lower loss. Third-party costs already incurred, non-cancellable and approved by the customer may be charged in addition; the total claim may not exceed the price of the cancelled portion of the service.

9.4 A one-time rescheduling is free of charge if notified more than seven calendar days before the start of the service, provided a reasonable alternative date is available. In the case of later rescheduling, PRIME UMZÜGE may charge proven additional costs. If no alternative date is possible, the rules on cancellation apply.

10.1 Bindingly agreed dates must be observed. The affected party must notify the other party immediately of any identifiable delays.

10.2 If PRIME UMZÜGE is unable to perform, or to perform on time, due to an event beyond its control despite the exercise of reasonable care - for example official orders, unforeseeable road closures, severe weather, accident, failure of essential infrastructure, or a case of force majeure - performance is postponed to a reasonable alternative date where possible. Services already rendered and unavoidable third-party costs remain owed.

10.3 If an obstacle to performance lasts longer than can reasonably be expected, either party may terminate the part of the contract not yet performed. Statutory claims for damages remain reserved; however, liability exists only to the extent that the party concerned is responsible for the obstacle.

10.4 If premises, the goods, or a person authorised to receive them are not ready at the agreed time, PRIME UMZÜGE may charge for reasonable waiting times and necessary additional trips. If unloading or handover is not possible, PRIME UMZÜGE may, after prior contact and setting a reasonable deadline, safely store the goods in the interim at the customer’s expense.

11.1 The customer inspects the goods upon delivery and cleaning services upon completion, as soon as this is reasonable in the ordinary course of business. Visible losses, damage or cleaning defects should be recorded in a handover or acceptance report.

11.2 Defects not immediately recognisable must be reported to PRIME UMZÜGE in text form without delay after discovery, and if possible within five working days. The notice should specifically describe the defect and, where possible, be documented with photos or other evidence. The statutory duties of inspection and notice, in particular Art. 367 and 370 CO, remain decisive insofar as they are applicable.

11.3 Before having a defect remedied by a third party, PRIME UMZÜGE must be given a reasonable opportunity to inspect and remedy it, provided this is reasonable for the customer. In the case of justified defects, the customer is entitled to the statutory rights; remediation takes priority insofar as it is possible and reasonable.

12.1 PRIME UMZÜGE is liable under statutory provisions for direct damage caused by a culpable breach of its contractual obligations. For transport services, Art. 447 et seq. CO apply in particular. Liability for unlawful intent or gross negligence, as well as for personal injury, is neither excluded nor limited (Art. 100 CO).

12.2 In the case of slight negligence, PRIME UMZÜGE is liable for foreseeable, contract-typical direct damage. There is no liability for indirect damage and consequential loss, in particular loss of profit, loss of use, or data loss, in the case of slight negligence, to the extent permitted by law.

12.3 Liability is excluded or reduced in proportion to the contributing cause, insofar as damage was caused by:

• an act, omission or instruction of the customer or the person authorised to receive the goods;
• the inherent nature, an internal defect, or normal wear and tear of the goods transported;
• inadequate packaging by the customer, provided PRIME UMZÜGE was not aware of the deficiency and was not required to recognise it under the circumstances;
• an event which PRIME UMZÜGE could neither prevent nor avert the consequences of, despite exercising the care required under the circumstances.

12.4 For damaged items, compensation generally covers the reasonable repair costs or the remaining diminution in value, but not exceeding the value of the item immediately before the damage occurred. Any improvement in value due to age or use is credited. Mandatory statutory compensation rules remain reserved.

12.5 For valuables and particularly valuable items under Clause 5.3 that are not declared, or incorrectly declared, PRIME UMZÜGE is liable only to the extent mandatorily required by law. Where declared properly, liability is additionally governed by the value stated in writing and any applicable insurance.

12.6 If, despite a specific, documented warning from PRIME UMZÜGE, the customer insists on carrying out an objectively risky manoeuvre, the customer bears the specified particular risk. PRIME UMZÜGE remains liable for damage exceeding this accepted risk or resulting from improper performance.

13.1 Additional transport insurance is taken out or arranged only at the customer’s express request and following written confirmation by PRIME UMZÜGE. The customer must state the insured value completely and truthfully and bear the premium.

13.2 The scope, exclusions, deductibles and claims handling are governed by the respective insurance policy. Insurance replaces or extends PRIME UMZÜGE’s statutory liability only to the extent provided therein.

14.1 For claims due arising from the transport, PRIME UMZÜGE may assert the statutory rights of retention over the goods, in particular under Art. 451 CO. The exercise of such rights and any realisation of the goods are governed exclusively by the statutory procedures.

14.2 If the customer does not accept the goods in good time, or if handover is not possible for reasons attributable to the customer, PRIME UMZÜGE may, after prior notification, properly store the goods at the customer’s expense. PRIME UMZÜGE is liable for the careful selection and instruction of any storage facility engaged, in accordance with the law.

15.1 PRIME UMZÜGE processes personal data to the extent necessary for quotations, contract performance, service delivery, communication, invoicing, debt collection, and compliance with statutory obligations. Swiss data protection law applies.

15.2 Personal data may be disclosed, to the extent necessary, to employees, subcontractors, IT and payment service providers, insurers, authorities, or other parties involved in the service. PRIME UMZÜGE obliges any service providers engaged to maintain appropriate confidentiality and data protection.

15.3 Supplementary information can be found in any privacy policy of PRIME UMZÜGE. The customer ensures that it is lawfully entitled to disclose to PRIME UMZÜGE the contact details or other personal data of third parties.

16.1 Contract-related notices may be sent to the postal or e-mail addresses stated in the quotation or order confirmation. The parties notify each other without delay of any changes to their contact details.

16.2 Insofar as these GTC require text form, a traceable statement by e-mail is sufficient. Statutory formal requirements and stricter forms individually agreed remain reserved.

17.1 Substantive Swiss law applies to all contractual relationships with PRIME UMZÜGE.

17.2 For consumer contracts, the statutory places of jurisdiction apply, in particular Art. 32 and 35 of the Swiss Civil Procedure Code (CPC). A prior waiver by the consumer of these places of jurisdiction is excluded.

17.3 For contracts with business customers, subject to mandatory places of jurisdiction, the courts at the registered office of PRIME UMZÜGE GmbH have jurisdiction.

18.1 Should any provision of these GTC be wholly or partially invalid, the remaining provisions remain valid. The invalid provision is replaced by the applicable statutory rule.

18.2 The version of these GTC incorporated at the time of conclusion of the contract applies to each order. Amendments apply only to future contracts, unless individually agreed otherwise.

18.3 The contracting party is PRIME UMZÜGE GmbH, Altwiesenstrasse 64, 8051 Zürich. Further current contact details can be found in the quotation, the order confirmation, or PRIME UMZÜGE’s official business documents.