Status: 14. Oct.2025

Contractual partner / company name. The contractual partner is K. Schmied internat. Transporte & Handels AGRickenbachstrasse 45, 6430 Schwyz, Switzerland, commercial register number CH-130.0.000.605-2, Schwyz commercial register office, UID / VAT number: CHE-107.962.018 MWST. We appear in offers and on the website under the short/brand name “K. SCHMIED AG”. In these GTC, “K. SCHMIED AG”, “we” or “us” refers to the aforementioned company.

1. general terms and conditions of sale (GTC)

1.1 Scope of application. These terms and conditions apply to all offers, sales and deliveries of K. SCHMIED AG (hereinafter “we”/”us”), unless otherwise agreed in writing. Deviating or supplementary general terms and conditions of the Buyer shall not be recognized.

1.2 Contractual basis / SPEDLOGSWISS. For transport and forwarding services provided by us (including organization of delivery, customs clearance and unloading), the latest version of the SPEDLOGSWISS General Terms and Conditions shall apply in addition. These shall only apply to transportation/forwarding issues; these Terms and Conditions of Sale shall apply exclusively to purchase/warranty issues. In the event of contradictions in transport matters, the SPEDLOGSWISS General Terms and Conditions of Sale shall take precedence; otherwise these Terms and Conditions of Sale or the offer/order confirmation shall take precedence.

1.3 Offers / prior sale. Our offers are non-binding; subject to prior sale/rental. We reserve the right to make minor dimensional/color/equipment deviations and technical changes. Dimensions/weights according to manufacturer/ISO; tolerances customary in the industry are possible.

1.4 Product details & images. Photos are examples. Appearance/details (e.g. position of the locking bars, manufacturer, year of manufacture) may vary depending on production. All product details are provided without guarantee; the manufacturer’s specifications valid at the time of delivery/collection are decisive. Subject to errors and technical changes.

1.5 Condition. Used containers show the usual signs of use (scratches, dents, paint damage, surface rust); this does not constitute a defect. In the case of new/new containers, the information in Section 8 applies; slight handling marks from transportation/handling (abrasions/scratches/dents) are customary in the industry and are also not a defect, provided that tightness, function and structural integrity are ensured.

1.6 Liability. The details in the written offer/order confirmation are binding. In the event of discrepancies between the website/information page and the offer/order confirmation, the latter shall take precedence.

1.7 Retention of title & default of payment. The goods shall remain our property until payment has been made in full; we shall be entitled to arrange for a corresponding entry to be made. In the event of late payment, interest on arrears and reasonable reminder/collection costs may be incurred; further deliveries may be postponed until payment has been received.

1.8 Language version. The German version of these terms and conditions is authoritative; translations are for guidance only.

1.9 Force majeure. In the event of events beyond our control (e.g. natural disasters, strikes, official measures, terminal/transport disruptions), deadlines shall be extended accordingly; liability claims arising from this are excluded.

1.10 Liability. Our liability is – as far as legally permissible – limited to intent and gross negligence. Liability for slight negligence, indirect damage and consequential damage (including loss of profit) is excluded. Mandatory liabilities (in particular personal and product liability) remain unaffected.

1.11 Customer base (B2B & B2C). We sell to companies and private individuals.

1.12 Written form. If written form is provided for in these GTC, text form by e-mail shall suffice.

2. shipping & delivery

2.1 Price basis / place of delivery / delivery clause. Unless otherwise stated, prices are ex CH terminal (often Basel; varying depending on container model). Contract/delivery clause: FCA [CH terminal], loaded (Incoterms® 2020). In quotations, FOT– Terminal (free on truck) may be used out of habit; this corresponds to FCA (loaded).

2.2 Discharge. Unloading by us (if ordered; e.g. HIAB/crane) or on site. If unloading is not expressly ordered through us, it must be organized by the client.

2.3 Access & parking space. Delivery by truck (with crane/HIAB on request). Access for heavy commercial vehicles, a firm, level and load-bearing surface and sufficient maneuvering/unloading space are required.

Orientation:

  • Pure truck access (without crane lift): Drive-through width from approx. 3.0 m, drive-through height min. 4.0 m .

  • Unloading with truck-mounted crane (HIAB): Additional free air space in the working area (typically approx. 7-10 m depending on lifting height/load), no obstacles such as trees, canopies or overhead lines. Lateral working/swivel area next to the vehicle and support surfaces on level, load-bearing ground are required.

  • 20’/40′ containers: Depending on the unloading (front/side), additional maneuvering and storage space is required.

  • Mobile crane (if used): The crane company’s specifications apply; as a rule, larger airspace and a cordoned-off installation area are required. Safety distances from electrical cables must be strictly observed (in accordance with the relevant regulations).

We communicate the specific minimum dimensions and requirements for each location transparently in the quotation.

2.4 Delivery time. The delivery time is usually approx. 2-3 weeks – depending on the model and availability. For certain containers, we also offer express delivery within a few working days. The exact delivery time is stated transparently in the offer. Delivery dates are non-binding guidelines; in the event of delays for reasons for which we are not responsible, deadlines will be extended accordingly.

2.5 Transfer of risk & inspection. Transfer of risk upon acceptance/collection or unloading. The customer shall inspect the container immediately; report obvious transport/unloading damage immediately, hidden defects within 5 working days in writing (with photos). Later reports can only be considered if the defect was not recognizable during the timely inspection.

In the event of recognizable transport damage, the damage must be noted on the freight document/CMR/delivery bill (if available) during unloading.

2.6 Waiting times & additional expenses. Our deliveries usually run smoothly. However, should additional expenses arise (e.g. unexpected waiting times, failed delivery attempts, difficult access/storage or additional crane/forklift use), we will charge these transparently at cost. Storage/demurrage charges may be incurred in the event of delayed acceptance (by agreement).

2.7 Transportation insurance. Transport insurance will be taken out at the request and expense of the buyer.

3. return, exchange & complaint

3.1 Right of return. Our containers are sold exclusively on the basis of individual offers. In Switzerland, there is no statutory right of withdrawal in distance selling. A voluntary right of return is granted neither for used nor for new containers. We ask for your understanding that a withdrawal is therefore only possible within the scope of the warranty rights described below.

3.2 Warranty rights. If, despite careful inspection by us, a container has a significant material defect on delivery (e.g. leaks, structural damage or functional limitations), the customer shall be entitled to the statutory warranty rights. The statutory warranty rights are based on the provisions of the Swiss Code of Obligations (OR). Depending on the individual case, we offer rectification, replacement delivery, a price reduction or – if no other solution is reasonable – a refund. Slight signs of handling or transportation (e.g. scratches, small dents or paint abrasion) that do not impair functionality and tightness do not constitute a defect.

3.3 Incorrect delivery. If, in exceptional cases, the wrong container type, size or color is delivered, we will of course organize an exchange or correct delivery free of charge.

3.4 No defects. The following in particular do not constitute defects: normal signs of use (e.g. scratches, dents or superficial rust) which do not impair functionality. In the case of new or as-new containers, even slight handling marks from transportation or handling (e.g. abrasions, small scratches or dents) are not considered defects, provided that tightness and structural integrity are guaranteed.

3.5 Deadlines and procedure. Defects must be reported within 5 working days of delivery or collection. The report must include photos, a brief description and the order or series data and must be sent by e-mail to
info@kschmied.ch
 by e-mail.

3.6 Customized versions. There is no right of withdrawal or return for containers modified or manufactured according to customer specifications (e.g. cuts, installation of doors or windows, paintwork, special colors, etc.).

4. use, modification & authorizations

4.1 Authorizations. The customer is responsible for obtaining official approvals (e.g. building permit, zoning regulations, fire protection).

4.2 Modifications & CSC. Structural changes (windows, doors, sales openings, etc.) can lead to the loss of the CSC badge; if necessary, inspection by specialist body recommended.

4.3 Markings/numbers. Interventions in the CSC plate, container number, owner code or ISO marking are at your own risk.

4.4 Hygiene/residues. Used containers may have residues (e.g. from transportation/fumigation) despite cleaning. For sensitive applications, we recommend airing, sanding/sealing or testing. New (“one-way”) containers may also show traces of initial transportation.

4.5 Use as living/workshop space. For permanent use as living/workshop space, local regulations must be strictly adhered to; we recommend new containers.

4.6 Maintenance, tightness & safe use. The purchaser shall ensure proper maintenance and use: regular visual inspections of the roof, side walls (wall panels/beading plates), floor frame and corner fittings, care/rust protection/repairs to paintwork, inspection/lubrication of door hinges and bars, inspection/replacement of door seals, ventilation to prevent condensation and snow removal in the event of heavy loads. Correct positioning (load-bearing, preferably horizontal base, raised supports) and securing against wind/rolling as well as stacking only via the corner fittings must be ensured. Damage caused by improper installation or lack of maintenance is not covered by the warranty for defects.

4.7 CSC sticker (for transport use). A valid CSC safety approval is required for use in commercial container transport – maritime shipping as well as combined transport by rail/road and inland waterways. An extension is not usually required for exclusively stationary use (e.g. storage). The responsibility for inspection/extension in accordance with CSC (PES/ACEP) lies with the purchaser; structural modifications may invalidate the approval and may require renewed acceptance by an authorized body.

4.8 Contents & hazardous goods. The storage or transportation of hazardous goods, highly flammable substances, substances harmful to health or the environment and materials prohibited by law is prohibited unless expressly agreed with us in writing in advance and the statutory regulations are complied with in full. The customer is solely responsible for the contents of the container; he is liable for all damage, costs and official requirements arising from unauthorized contents or improper loading.

4.9 Procedure in the event of damage
Should problems arise despite careful delivery and installation, we will work together with our customers to find a pragmatic and fair solution. This commitment to cooperation is without prejudice to statutory and contractual regulations – in particular the limitations of liability in accordance with section 4.10.

4.10 CSC inspection and third-party services
If containers are delivered with a valid CSC sticker, the corresponding inspection will be carried out by an independent, certified inspection organization. K. SCHMIED AG is not itself an inspection body and accepts no liability for the performance, result or validity of this inspection, unless it is at fault.

At the time of delivery, it is ensured that the CSC marking is valid in accordance with the manufacturer’s or supplier’s documentation and that the container has been declared as “cargo worthy”. Liability for proper inspection lies exclusively with the inspection organization carrying out the inspection. The validity of the CSC sticker may expire in the event of subsequent modifications, conversions or improper use of the container. Any subsequent inspection or extension is the responsibility of the buyer.

5 On-site services

Building permit procedure: If required, to be obtained by the client.
Foundations/subsoil: Firm, level subsoil / point or strip foundations recommended
Crane/forklift for unloading: If unloading has not been expressly ordered through us, to be organized by the client.

After receipt of your order, you will receive additional information on placement and securing.

6 Payment & Cancellation

All prices in CHF. The invoice currency is Swiss francs (CHF). Unless otherwise agreed in writing, the buyer shall bear the exchange rate and bank charges for foreign bank transfers.

6.1 Payment. Usually prepayment/bank transfer; other payment methods by arrangement. Delivery/collection after receipt of payment.

6.2 Cancellation fee. We reserve the right to charge a cancellation fee of 10-50% of the value of the goods, depending on progress and costs already incurred. In the case of large/special orders, the fee may be higher in individual cases.

6.3 Prices & VAT Prices are generally excl. VAT The statutory VAT is shown in addition. In the case of quotations with several variants and optional services, we show the net prices per item; the final price payable (including VAT) is the sum of the items selected by the customer and is shown as binding in the order confirmation/invoice. On request, we will prepare a cost estimate showing VAT for the items you have selected. Plus transportation/unloading costs, unless otherwise agreed.

7. customs/customs clearance (CH)

Containers that are sold and remain in Switzerland are correctly imported into Switzerland or cleared through customs. The costs for Swiss import customs clearance are already included in the container prices shown, unless otherwise stated.

8. quality characteristics – sea containers (not: storage/fast construction)

Used sea containers
Quality STANDARD (unless otherwise stated):
Wind and water resistant, repaired if necessary; visible signs of use possible (dents, abrasions, surface rust), overall good impression. No contractual guarantee; the statutory consumer rights under the Swiss Code of Obligations (OR) remain unaffected.

Cargo Worth / WWT quality (if available):
Wind and water resistant, functional, not visually refurbished; some signs of wear. For sea transportation only within the valid CSC (details according to offer). No contractual guarantee; the statutory consumer rights under the Swiss Code of Obligations (OR) remain unaffected.

Note: The service life depends on the location, weather conditions and maintenance. For a longer service life, we recommend new containers.

New / as-new sea containers
New (“one-way”) containers may show slight handling marks (abrasions, scratches, dents) due to initial transportation/handling.
No defect: Such slight marks are customary in the industry and do not justify a complaint or replacement, provided that tightness, function and structural integrity are guaranteed.

Further information: https://www.kschmied.ch/container/seecontainer-neu/

9. law & place of jurisdiction

9.1 Applicable law. Swiss substantive law shall apply exclusively, to the exclusion of the IPRG (conflict of laws) and the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 Place of jurisdiction. The place of jurisdiction is the registered office of K. SCHMIED AG, 6430 Schwyz.

9.3 Severability clause. Should individual provisions be invalid, this shall not affect the validity of the remaining provisions.

9.4 Place of performance. Unless otherwise agreed, the place of performance shall be the place of delivery specified in the delivery clause(FCA [CH terminal]), otherwise our registered office in Schwyz.

10. enclosures / customer information sheet

After ordering or with the order confirmation, we provide the customer information sheet: Placement, handling & instructions for sea and storage containers. It serves as a guide for proper installation/use and is not a substitute for specialist structural or technical advice.

In the event of contradictions, the offer/order confirmation and these GTC shall take precedence.