These general terms and conditions govern all services provided by CargoGMBH Logistics AG. By engaging our services, you agree to be bound by these terms.
Important: These Terms incorporate international freight conventions including the CMR Convention (road), the Warsaw/Montreal Convention (air) and the Hague-Visby Rules (sea), which limit carrier liability. Please read Section 9 (Liability) and Section 10 (Insurance) carefully.
In these Terms and Conditions:
CargoGMBH acts as a freight forwarder and may also act as carrier depending on the service. In its capacity as freight forwarder, CargoGMBH arranges transportation on behalf of the Customer and is not a carrier. In its capacity as carrier (where CargoGMBH uses its own vehicles or issues its own transport documentation), the CMR Convention, Montreal Convention or other applicable conventions apply.
Services are provided subject to these Terms, any applicable service-level agreement, and any rate confirmation issued by CargoGMBH. In the event of conflict, the specific service-level agreement takes precedence over these Terms.
A booking is confirmed when CargoGMBH issues a written booking confirmation or rate confirmation. CargoGMBH reserves the right to refuse any booking at its discretion, including where the goods are prohibited, misdeclared or where capacity is not available.
The Customer must provide accurate and complete information at the time of booking. CargoGMBH shall not be liable for any consequences arising from inaccurate or incomplete information provided by the Customer.
Quotes are indicative and valid for 7 days unless otherwise stated. They are subject to confirmation of actual dimensions, weight and nature of goods. CargoGMBH reserves the right to adjust charges if actual shipment details differ from those provided at the time of quoting.
Standard payment terms are 30 days net from invoice date. For new customers, prepayment may be required. CargoGMBH reserves the right to apply a general lien on goods in its possession until all outstanding charges are paid.
Quotes may be subject to fuel surcharges, security surcharges and congestion surcharges which fluctuate with market conditions. Current applicable surcharges are detailed in each individual rate confirmation.
Where CargoGMBH advances customs duties, taxes or port charges on behalf of the Customer, these are fully reimbursable and will be invoiced with an administration fee of 1.5%.
The Customer is responsible for:
CargoGMBH will not accept the following goods under any circumstances:
The Customer warrants that no Shipment contains prohibited goods. Where CargoGMBH discovers prohibited goods, it may detain, return or destroy them at the Customer's cost and risk.
Where CargoGMBH acts as customs broker or agent, it acts on the Customer's behalf and any declarations made are the legal responsibility of the Customer. The Customer authorises CargoGMBH to sign and submit all necessary declarations, certificates and permits on its behalf. The Customer indemnifies CargoGMBH against all costs, penalties and liabilities arising from inaccurate information provided by the Customer for customs purposes.
All transit times are estimates only and do not constitute contractual delivery guarantees unless a specific guaranteed delivery service has been purchased. CargoGMBH shall not be liable for delays caused by customs authorities, weather, strikes, civil unrest, regulatory changes or other matters beyond its control.
Liability is governed by the CMR Convention. Compensation for loss or damage is limited to 8.33 SDR per kilogram of gross weight of the goods lost or damaged.
Liability is governed by the Montreal Convention 1999. Compensation is limited to 22 SDR per kilogram.
Liability is governed by the Hague-Visby Rules. Compensation is limited to the higher of 666.67 SDR per package or 2 SDR per kilogram.
CargoGMBH shall not be liable for any indirect, consequential, special or economic loss, including loss of profits, loss of market, business interruption or loss of contracts, however arising.
The statutory liability limits set out in Section 9 are often significantly lower than the commercial value of goods. CargoGMBH strongly recommends all-risk cargo insurance for all Shipments. CargoGMBH can arrange comprehensive cargo insurance at competitive rates. To request a cargo insurance quotation, advise your account manager at the time of booking.
Claims for loss or damage must be submitted as follows:
Claims must be submitted to support@cargogmbh.com with full supporting documentation including the tracking number, commercial invoice, packing list and photographic evidence of damage. Failure to notify within the above timeframes may prejudice the Customer's right to claim.
CargoGMBH shall not be in breach of its obligations to the extent that performance is prevented or delayed by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, strikes, natural disasters, or failure of third-party infrastructure.
All content on the CargoGMBH website and client portal, including text, graphics, logos, software and documentation, is owned by or licensed to CargoGMBH and protected by Swiss and international intellectual property law. Use of CargoGMBH's brand, trademarks or content without prior written permission is prohibited.
CargoGMBH processes personal data in accordance with its Privacy Policy, available at cargogmbh.com/privacy, and in compliance with the Swiss Federal Act on Data Protection (revFADP) and the EU General Data Protection Regulation (GDPR) where applicable.
These Terms and all disputes arising from them are governed by Swiss law, excluding conflict of law provisions. The exclusive place of jurisdiction for all disputes is Zürich, Switzerland, subject to any mandatory provisions of applicable international conventions (CMR, Montreal, Hague-Visby).
CargoGMBH and the Customer agree to attempt to resolve any dispute through good-faith negotiation before commencing legal proceedings.
CargoGMBH reserves the right to amend these Terms at any time. The version published on our website at the time of booking applies. Material changes will be communicated to account holders by email with at least 30 days' notice before taking effect.
For any legal queries regarding these Terms, contact our legal team at support@cargogmbh.com.