1. These General Conditions apply to all contracts, deliveries and other services, including consulting services, information and similar between (contractor) and their clients from the non-commercial transactions. On the part of the contractor is owed the performance and not the success.
2. Our offers are based the information provided to us. The offers are made to the best of my knowledge. They are non-binding.
1. General service execution
The security industry is an industry requiring a license pursuant to § 34a of the Commercial Code and shall remain as Revier-, separate and special service.
a) Among the special services belonging factory security services, personal checks, personal and protection services, and cash in transit, courier and document transport, operation of alarm, operations and emergency centers (service centers) and the implementation of cash, trim &. Supervisory services for exhibitions, fairs and events.
b) The (contractor) and the customer undertake to conclude the contract to create a written, abzuzeichnende by both parties Instructions immediately. The customer has to ensure that the (contractor) submitted in time even without special request all necessary for the execution of the contract documents and is given her of all transactions and circumstances that may be relevant to the execution of the order of importance, This also applies to events and circumstances that are not known until after activity by the contractor (information requirement of the client).
c) If the client of his obligation under paragraph 1b not to or is not possible to create a service statement temporal or technical reasons prior to the commencement of the above activities, it can provide the service in the manner of (Contractor) as necessary to achieve the order deems appropriate.
d) For damages arising from the fact that the client is not involved in the preparation of the Instructions or its information obligation has failed to fulfill 1b, the customer may not derive any rights.
e) The private security company provides its activity as a service (No temporary workers according to law on the commercial supply of temporary workers from 07.04.1972 BGBI 1972 I, 1993), which is its personnel as vicarious agents. The choice of employ staff and the right to issue instructions, except in exigent circumstances, the commissioned private security companies. It is the fulfillment of all legal, regulatory, social law and industrial insurance obligations to its employees solely responsible.
f) The contractor is what it passes through everything because of the order note, true silence towards third parties.
g) Reports, expert opinions, organizational plans, drafts, drawings, lists, quotes and invoices of the contractor are intended only for the client and to handle them in strict confidence. The principal is liable to at conforming to the agreements transfer or allow the knowledge gained by third parties.
2. Inspection specifications
a) In individual cases, is decisive for the execution of the service alone the written inspection specifications. It contains the instructions of the client according to the detailed provisions concerning the patrols, checks and other work of the service, which must be made. Changes and additions to the inspection regulations require a written agreement. Insofar as unforeseeable emergency situations require it, can be refrained in individual cases provided checks, patrols and other work of the service.
b) Alarm response: The controls of the object are performed using the loop display on the alarm system. The alarm system is after completion of the control gear to provide sharp again under special description. Can not the alarm be armed, so must be informed by telephone or radio, the Operations Centre and to communicate on behalf of the client and whose behalf the system installer or his emergency, to switch the alarm system at.
c) Are damaged by burglary, break-in attempts or vandalism windows or doors, so that a more promptly access is possible, and there is no way to notify one of the to be reported persons within a reasonable period after entering the property, is on behalf of the client and on his behalf Instructs the fire, to repair the damage.
d) Until re-arming of the alarm system carried out by the installation company or until the attachment of Notverschaltung, the object of the present alarm Tracker (contractor) is hedged.
3. Keys and emergency addresses
a) The key requirements for the service to be provided in good time and free of charge by the principal.
b) The contractor is liable under the point for lost keys and key damage. 10. The customer gives the contractor the addresses known to be notified by phone at a risk to the property, even at night. Address changes must be communicated to the contractor immediately. In cases where the contractor has to perform on powered-off alarms, the alarm tracking, notification sequence is to be arranged by the client.
a) Complaints of any kind relating to the execution of the service or other irregularities are, after finding in writing the management of (contractor) immediately notify the purpose of remedy. In case of delayed notification rights under such claims can not be asserted.
b) Repeated or gross contraventions in the performance of services shall only entitle the immediate solution of the contract if the contractor is not upon written notice within a reasonable time – not later than within 7 working days – ensures remedial.
5. Duration of contract
The contract is, unless otherwise agreed, each up to 31.12. of each year. If it is not terminated 3 months before the expiry of the contract period, then the contract period shall be extended by another year.
6. Performance by other companies
The contractor has the right to operate to fulfill its obligations on the other, according to §34a GewO, certified and reliable company.
7. Interruption of the guard
In war and in case of dispute, with riots and other cases of force majeure, the Contractor may the Service that the execution is impossible to interrupt or alter it appropriately.
8. Premature cancellation of contract
a)When relocation of the customer, as well as in sales or other functions of the wax object, the client may terminate the contract with a notice period of 1 month.
b) If the client the guarded district or changed him, so he is also entitled to an early solution of the contract with a notice period of 1 month.
9. Legal consequence
At the client’s death the successor enters into the contract, unless that the subject of the contract was mainly due to personal matters, in particular the protection of the person of the client off. By death of other legal successors or changes in the company’s contract will not be affected.
10. Liability and limitation
a) Claims for damages of any kind, irrespective of the legal reason, the contractor is liable only insofar as damage caused by himself, his legal representatives or senior employees caused intentionally.
b) Compensation claims directly against employees are excluded, unless they have purposely not or gross negligence caused the damage.
c) Regardless of Paragraph 10a) and 10b), the contractor is liable for the damages. By himself, his legal representative, its officers, its employees or in accordance with Clause 6 companies appointed causes, unless given under its liability insurance contract from the security company insurance coverage. The insurance contract is based on the general. Liability Insurance (AHB) and the conditions for liability insurance of security companies.
d) The liability of the company’s Para. 10c) is limited to:
|Personal injury||1.500.000 €|
|Damage to property||1.000.000 €|
|Financial losses as well as
violation of the BDSG
|Loss of keys||250.000 €|
|Loss of guarded items||250.000 €|
11. Liability in non-commercial transactions
In non-commercial transactions, the contractor is liable under paragraph 10 for damage negligently caused by other vicarious agents.
12. Assertion of liability claims
The client is obliged to make liability claims without undue delay. The client is also obliged to take to the contractor immediately opportunity to gen, all necessary findings concerning causation, claims experience and loss amount themselves or by proxies. Claims expenses arising from the fact that the client has his aforementioned obligations not or does not comply immediately, at its expense. For decisions of the authority which will be taken on the basis of recommendations of the contractor is not liable.
13. Proof of liability
The contractor shall maintain liability insurance covering his liability, the limitations set out point. 10 revealed complete. The authority may require the proof of the conclusion of such insurance.
14. Payment of the fee
a) The fee for the contract, unless otherwise agreed, payable monthly. The invoices are payable upon receipt and payable within 10 days. Payments are preferably to be paid via bank transfer or in consultation in cash on the spot, without any deductions, free place the contractor in German currency (EUR).
b) Off and retaining the payment is not permitted, unless in case of undisputed or legally established claim. In case of default, the contractual obligation of the contractor itself rests its liability, without the client from paying for the contract period or the contract is ever released. This requires that the principal reprimanded and a reasonable grace period has been granted.
15. Price change
a) In case of change of labor costs or non-wage labor costs, in particular through the conclusion of new wage or collective agreements, the fees must be adjusted by the amount in the same way. To the changed by the change in labor costs, the cost for the execution of the order have, plus. VAT. In cases where the contractor connected alarm systems shall perform the alarm tracking, this shall apply mutatis mutandis for the fees paid for connection to the German Telekom AG by the contractor charge for motivation.
16. Beginning of the contract, contract modification
a) The contract is for the contractor binding from the date on which the customer receipt of the written order confirmation.
b) The client guarantees with the signing of the contract that he does not pursue any seditious, unconstitutional or illegal in any way with the objectives contract.
c) For the execution of the order (abroad) and the claims arising therefrom shall only german law.
d) Additional agreements, changes, additions or restrictions to the contract must be in writing.
17. Validity of contract (part ineffective clause)
If any provision of this contract should be invalid, they should be reinterpreted, the purpose intended by the invalid provisions will be achieved. The validity of the remaining provisions shall not be affected.
18. Jurisdiction and performance
a) Jurisdiction and performance is the seat of the contractor (Regensburg). This agreement applies expressly for the case that the main trials to be claimed party moves its headquarters, domicile or habitual residence.
b) Claims from the contractual relationship in the way of default can be invoked.