GENERAL TERMS AND CONDITIONS

1. PERFORMANCE

1.1 General information

1.1.1 The Contractor’s services shall include the work on the system specified above by trained technical customer service personnel equipped with spare parts and standard testing equipment during the Contractor’s business hours.

1.1.2 The Contractor reserves the right to carry out work in progress outside its own business hours or those of the Client.

1.1.3 The Client shall bear the disposal costs of system parts that have to be replaced as part of maintenance work. Such costs are not included in the remuneration listed above and shall be invoiced separately by the Contractor.

1.2 Scope of maintenance

Necessary maintenance work shall be carried out as quickly as possible; outside business hours, the Contractor shall maintain a permanently available maintenance service which shall come to the site immediately on request. If the service is used outside business hours, the additional costs incurred shall be invoiced separately in accordance with the Contractor’s applicable rates.

No guarantee can be given for uninterrupted operational readiness during maintenance work.

If it is actually impossible for the Contractor to procure spare parts or if this is associated with unreasonable economic expense, the Contractor may refuse performance. If economic maintenance of the systems can only be achieved by partial conversion of the system, a separate contract must be concluded for this purpose.

2. obligations of the client to cooperate

2.1 Malfunctions in operation and damage to the system must be reported to the Contractor immediately with an appropriate description of the fault that has occurred. For its part, the Client must do everything reasonable to keep the damage as low as possible. He must only have this rectified by specialists or representatives of the Contractor.

2.2 In order to carry out maintenance work and all directly associated activities, unhindered access to the system must be provided without waiting time. Operations that have to be repeated for this reason will be charged separately.

3. expansion or modification of the system

The Contractor alone is authorized to carry out extensions, relocations, partial renewals and modifications, hardware and software on the system. They shall be invoiced within the framework of a contract to be concluded separately, incorporating the Contractor’s General Terms and Conditions. The costs of the maintenance contract shall be adjusted accordingly after the change.

Changes to the operating conditions, e.g. the reallocation of rooms, as well as the installation site must be communicated to the contractor in text form in good time.

4. duration of contract

This contract is extended for a further year if it is not terminated by registered letter three months before expiry.

5. claims and rights due to defects

5.1 The period of liability for defects for work carried out in accordance with this contract is 2 years for consumers, for

The warranty period for contractors is 1 year from the date of acceptance of the work or, in the absence of acceptance, from the date of recommissioning of the system.

If the Client or a third party affects the subject matter of the contract in any way whatsoever and then asserts a defect, the warranty shall be excluded if the defect is due to a fault that is related to the effect and the Contractor can prove this.

However, the Client shall remain free to assert claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health based on an intentional or negligent breach of duty by the Contractor. The statutory limitation periods shall apply.

5.2 The liability for defects does not apply to natural wear and tear, nor to damage caused by lack of or negligent treatment, lack of maintenance, excessive use, weather influences, force majeure, unsuitable operating materials, defective construction work, unsuitable building ground and such chemical, physical, electromechanical or electrical influences (e.g. overvoltage) that are not assumed under the contract.

5.3 Repeated chargeable services may be required to diagnose and rectify intermittent faults.

5.4 It should be noted that software is subject to constant improvement efforts during use and may therefore have to be updated at certain intervals. This does not constitute a defect, but is an inherent characteristic of software.

6. liability

6.1 Notwithstanding the above provisions and the following limitations of liability, the Contractor shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by its legal representatives or vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of its legal representatives or vicarious agents. Insofar as the contractor has given a guarantee of quality and/or durability with regard to the goods or parts thereof, he shall also be liable within the scope of this guarantee. However, the contractor shall only be liable for damages which are based on the absence of the guaranteed quality or durability but which do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

6.2 The Contractor shall also be liable for damages caused by slight negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). Essential to the contract is the obligation to execute the subject matter of the contract free of material defects in good time, as well as consulting, protection and duty obligations which are intended to enable the client to use the subject matter of the contract in accordance with the contract or which are intended to protect the life and limb of the client’s personnel or to protect the client’s property from significant damage. However, the Contractor shall only be liable insofar as the damage is typically associated with the contract and is foreseeable. The Contractor shall otherwise not be liable for slightly negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 – 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.

6.3 In the event of consequential damage, the Contractor shall only be liable for

Intent or gross negligence.

6.4 Any further liability is excluded irrespective of the

Legal nature of the asserted claim excluded. Insofar as liability is excluded or limited, this shall also apply to the personal liability of the Contractor’s employees, workers, staff, representatives and vicarious agents.

6.5 After the end of the contract, the Contractor’s liability for any damage that occurs shall also end unless the maintenance of the system is continued by a qualified specialist company at least within the scope of performance of the terminated contract, the defect that occurs is demonstrably the responsibility of the Contractor and the claim is not yet time-barred.

6.6 The Client must inform the Contractor immediately in text form if it becomes aware of any faults in the system.

7. remuneration

7.1 Additional services shall be invoiced on the basis of time and effort at the Contractor’s applicable hourly rates; necessary materials and spare parts shall be invoiced at the applicable list prices.

7.2 The prices of this contract are based on the calculation bases existing at the time the contract is concluded. In the event of a change in these calculation bases, the Contractor shall be entitled to adjust the prices, even in the case of advance payments already made. If the increase amounts to more than 10% p.a., the client shall be entitled to terminate the contract. The notification shall be made with the invoice.

7.3 If the Client fails to meet its contractual obligations despite a reminder by written letter, the Contractor shall not be bound by the content of the VdS test or BHE installation protocol or similar certificates, without this affecting its entitlement to payment of the current fee. In the case of systems with connections to police or fire department transmission systems and/or VdS systems, the contractor is entitled to notify the relevant authorities accordingly.

7.4 As long as one contracting party is in default with its performance owed under this contract, the other contracting party shall be entitled to withhold its contractually owed performance.

8. other agreements

8.1 The client agrees that personal data within the meaning of the Data Protection Act may be stored and processed within the scope of the business relationship, insofar as this appears expedient within the scope of the execution of the contract.

8.2 The offsetting of claims against any existing counterclaim is not permitted unless the legal basis or the claim is undisputed or has been legally established or the client invokes the defense of non-performance of the contract (§ 320 BGB).

8.3 If the Client is an entrepreneur, the exclusive place of jurisdiction shall be the court responsible for the Contractor’s registered office.

8.4 The Contractor is only obliged to inform the Client about the condition of the system. Beyond this, it shall have no obligation to provide information, in particular with regard to possible safety risks that may result from the condition of the system.

8.5 Calls to the chargeable 24/7 service number are connected to the emergency call and service control center of Sicherheit Nord GmbH in Berlin outside business hours. The data provided by the caller will be used exclusively to process the purpose of the call in compliance with the GDPR.