General Terms and Conditionsfor security services of the company Dehler Security, represented by Marc Dehler (state 12/2021)
1. general service execution1.1 Our achievements and offers in the traffic with enterprises take place exclusively on the basis of these trading conditions as well as the underlying guarding contract or the confirmation of order; the safety coworkers of the contractor are neither representation, nor receipt-entitled.
The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again or referred to by us. Our terms and conditions shall be deemed accepted at the latest upon acceptance of the service. Counter-confirmations of the contractual partner with reference to his terms and conditions of business or purchase are hereby objected to. 1.2 The law of the Federal Republic of Germany shall apply, however, with the exception of the UN Convention on Contracts for the International Sale of Goods and the European Sales Convention, the application of which is expressly excluded.
In individual cases, only the writteninspection regulations / service instructions shall be authoritative for the execution of the guard service. In accordance with the instructions of the customer, it contains the detailed provisions on the rounds, inspections and other service activities that must be carried out. Amendments and supplements to the inspection regulations / service instructions shall require written agreement.
3 Keys3.1 The keys required for guarding shall be provided by the Customer in good time and free of charge. The security company shall not be liable for loss of keys or for damage to keys caused intentionally, negligently or by the security personnel. 3.2 The company shall be liable for key losses and for key damage caused intentionally or negligently by the service personnel within the scope of Item 12. The client shall provide the company with the addresses that can be notified by telephone, even at night, in the event that the property is endangered. Changes of address must be communicated to the company immediately. In cases where the company has to carry out alarm tracking via connected alarm systems, the order of notification shall be ordered by the client. (3) The term "key" as used herein shall also include any other object for opening and closing a device which serves to allow selected persons access to certain areas and to deny such access to other persons.
4. complaints Compl aints of any kind relating to the performance of the guard service or other irregularities must be reported immediately in writing to the management of the guard company for prompt remedy. In the event of timely notification, rights arising from such complaints cannot be asserted. Repeated, even gross violations in the performance of the guarding service shall only entitle the customer to terminate the guarding contract without notice if the guarding company fails to take remedial action within a reasonable period of time after being notified twice in writing.
5 Duration of the contract Unless otherwise agreed in writing, the guarding contract shall run for one year. If it is not terminated three months before expiry of the contract period, the contract period shall be automatically extended by a further year in each case.
6. execution by other guard ing companies Dehler Security is entitled to use other reliable guarding companies for the fulfillment of its obligations.
7. interruption of the guarding In the case of war or strike with unrests and other cases of higher force, Dehler Security can interrupt the guarding service, as far as its execution becomes impossible, or change appropriately. In the case of the interruption Dehler Security is obligated to reduce the guarding fees according to the possibly saved wages for the time of the interruption.
8. default / premature contract dissolution If Dehler Security must give up or change the guarding area for economic or other reasons, it is entitled to a premature dissolution of the contract under observance of a period of notice of one month. Dehler Security is obligated however to arrange that to her possible, in order to secure the guarding by another suitable guarding contractor. With delay of payment of the client Dehler Security is without prejudice to further rights entitled to hold back the further service completely or partly, i.e. to stop; Dehler Security can make in case of delay the future service provision - continuation and / or resumption of the service - dependent on pre-payments of the client for the in each case next temporal account section of the services to be provided. In any case, Dehler Security must notify the Client or one of its representatives of the decision. In the case of the restraint of the service Dehler Security can require compensation for its duration at a value of 10% of the remuneration paid for such a time section on the average, allotted to the stopped achievement. The asserting of a further damage remains reserved to Dehler Security; it remains reserved to the client; to prove that Dehler Security did not originate a damage at all or not in the aforementioned height. Independently of the agreed upon contract term the possibility of the cancellation without notice exists for important reason. Such a reason is present in particular in the cases specified in the following:
a. for Dehler Security, if the client is in default with a payment of a monthly invoice amount or an amount corresponding to a monthly invoice amount, which is incumbent upon him, by more than two weeks;
b. for both contracting parties in the case of the expiration or a substantial restriction of the insurance protection;
c. for the client in the case of substantial contract injuries by Dehler Security, if these are not stopped despite two written reprimands opposite the management of Dehler Security within appropriate period setting;
d. for both contracting parties as far as the other contracting party is insolvent, the opening of an insolvency or a composition procedure was requested or such a request is imminent after publication of the media.
9. legal succession In the event of the Customer's death, the legal successor shall enter into the guarding contract, unless the purpose of the guarding was primarily geared to personal interests, in particular the protection of the Customer's person. By the death or other legal succession of the Dehler Security the contract is not affected.
10. commercial protection regulation The client may not employ security guards, who are provided to him by Dehler Security, during the duration of the contract and one year after its expiration for guarding purposes himself. If he violates this agreement, he is obliged to pay three times the monthly fee as a contractual penalty to Dehler Security for each case of violation; however, a maximum of five times the monthly fee.
11.liability insurance 11.1. Dehler Security maintains a business liability insurance with the following cover sums:
Lump sum for personal injury, property damage and financial loss 3 million euros.
11.2. as far as the client later higher than the cover sums specified in number 8.1 considers necessary, the company Dehler Security will inform; Dehler Security will agree upon an increase of the insurable cover sums if necessary against increase of the fee. Otherwise the damage exceeding the agreed upon sums is covered by the client.
11.3 The existing insurance contract of Dehler Security in accordance with § 6 guarding order is based on the general liability insurance conditions (AHB) and the conditions for the liability insurance of guarding companies without restriction. From this insurance protection are excluded in particular damages, which are not in connection with the actual contractually agreed upon security service like e.g. the assumption of the strewing obligation with black ice, the operation of sun protection devices or the operation and support of machines, boilers, heating devices, electrical or similar plants.
11.4 According to the company Dehler Security and its business liability insurer applicable insurance conditions, a liability of Dehler Security in cases of force majeure as well as for damages, directly or indirectly on war events, other hostile acts, terror, riots, civil unrest, strike, natural disasters or directly on sovereign / official order or measures, is excluded. As far as the insurer of Dehler Security declares an additional exclusion of liability, Dehler Security is entitled to negotiate with the client about its inclusion in the contractual relationship. If an agreement does not come about about this, Dehler Security is entitled to terminate the contractual relationship within two weeks extraordinarily also during the contract term.
11.5 If Dehler Security the cover should be refused due to circumstances, which are to be represented by the client, then a possible adhesion of Dehler Security is void in the height, in which with proper behavior insurance protection would have been given.
11.6 The client is expressly pointed out to the fact that Dehler Security as a policyholder has to fulfill the AHB a number of obligation duties, in particular to announce each case of damage immediately, at the latest within one week after knowledge or the possibility of the knowledge name, in writing to her insurer (§ 5.2 AHB). Dehler Security is obligated on the basis of the existing insurance to assert the claim in the case of announcement of the refusal of the claim settlement / cover promise by the insurer within six months judicially (§10 AHB).
12.1 Dehler Security is liable according to the legal regulations, if a damage was caused by the resolution or rough negligence of it, its legal representatives or Erfüllungsgehilfenversursacht. With a negligently caused injury of substantial contract obligations the liability is limited to the damage typical and foreseeable with comparable business of this kind. The liability of Dehler Security for material damages and financial damages, which are caused by itself, its legal representatives or executing aides culpably as a result of easy negligence, is limited to the sums specified in number 11.1. The statutory liability for culpable injury to life, body or health shall remain unaffected; this shall also apply to any mandatory liability under the Product Liability Act.
12.2 Any further liability for damages than provided for in clause 9.1 shall be excluded irrespective of the legal nature of the asserted claim. In the cases described in paragraphs 11.2 and 11.3 a claim of Dehler Security is excluded.
12.3 In the case of damage the client will announce the damage to the management of Dehler Security immediately after knowledge in writing, in urgent cases in advance by telephone. The client is further obligated to give Dehler Security immediately opportunity to make all necessary determinations to damage causation, damage process and damage height themselves or by representatives.
12.4 Claims for damages must be asserted within a period of four weeks, after the claimant, its legal representatives or executing aides of the damaging event knowledge became, opposite Dehler Security in writing. If within this period the height of the damage cannot be determined yet, it is sufficient, but also necessary that the damage is asserted on the merits, are excluded.
12.5 With announcement of the refusal of the damage adjustment by the insurer of Dehler Security Dehler Security will assert the client its claim opposite Dehler Security within the periods specified by the AHB (§ 19 AHB) judicially; otherwise the further asserting of claims for damages is expired by the client opposite Dehler Security with expiration of the period.
13. liability proof Dehler Security is obligated to lock a liability insurance in the context of the taken over liability, whose limit results from number 11. The client can require the proof of the conclusion of such an insurance.
14. personnel With the activities to be furnished according to this contract it concerns services of Dehler Security, whereby these avail themselves of fulfilment assistants, and not around an employee hiring out of 07.08.1972. The selection of the personnel employed, used by Dehler Security and the instruction right opposite this lie except with danger in the delay with Dehler Security. The personnel carries out its service in official clothes. The client will not turn with any complaints to the personnel, but exclusively to the Dehler Security - management. Unless otherwise agreed in the security contract, the personnel of Dehler Security performs its service in service clothing.
15 Prices and terms of payment 15.1 The prices specified in our written confirmation of order plus the respective legal value added tax are authoritative, as far as not differently stated.
15.2 In the event of collectively agreed wage increases and increases in social security contributions during the term of the contract, the guarding fee shall be increased by the same percentage; in the event of a decrease in wages, the guarding fee shall be reduced accordingly.
15.3 In the absence of a special agreement, the agreed price shall be due upon performance and shall be paid free of any deductions to our payment office. 15.4 The timeliness of payments shall be determined by the date on which the money is received by us or unconditionally credited to the bank accounts designated by us in the order confirmation. Acceptances, bills of exchange and checks shall not be considered as payment, but shall always be accepted only on account of performance.
15.5 The customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
16 Data Protection / Confidentiality For data protection, the provisions of the Federal Data Protection Act (BDSG) shall apply, in particular §§ 27 ff. BDSG for non-public bodies in its currently valid version. In this connection it is expressly pointed out that Dehler Security in if necessary with it connected enterprises the data received in connection with the contractual relation under observance of the BDSG will raise, store, process and use, as far as this is necessary for the proper completion of the contract or due to legal defaults. This also includes that the data is forwarded to third parties who have been commissioned by Dehler Security with the provision of services in connection with the fulfillment of the contract. Also the client will keep the data protection-legal regulations in relation to Dehler Security and their coworkers. § 5 BDSG (data secrecy) applies. All personal data will of course be treated confidentially. The contracting parties commit themselves beyond that, confidential information, which is made known to you exclusively by the in each case other contracting party in the context of the fulfillment of the contract over its business concern, not to pass on to unauthorized third or to make these otherwise accessible.
17. beginning of the contract, changes of the contract The guarding contract is obligatory for Dehler Security from the time, in which customer receives the written confirmation of order. Changes of the guarding contract require in writing. This applies also to the abolition of the written form requirement.
18. place of delivery, partial invalidity 18.1 place of delivery and area of jurisdiction are, as far as nothing else is agreed upon, the seat of the management of the Dehler Security.
18.2 If a regulation of these trading conditions or a regulation in the context of other agreements should be ineffective or become, then of it the effectiveness of all other regulations or agreements is not affected.
Mudersbach, the 17.12.2021