§ 1 General- Scope
(1) Our general terms and conditions apply exclusively. We shall not recognise conditions of the customer which are in contradiction to or conditions which differ from our terms. Our conditions are also then applicable if we are aware of contradictory conditions or deviation from our terms by the customer and we unreservedly carry out delivery to the customer.

(2) All terms and conditions agreed between us and the customer for the purpose of fulfilling this contract are set out in writing in this document.

§ 2 Quotes - Quotation documents
(1) If the offer qualifies as an order in accordance with § 145 of the German Civil Code (BGB), then we can accept it within a period of two weeks.
(2) We reserve the intellectual property and copyright rights for illustrations, drawings, calculations and all other documents. This also applies to written documents that are designated as "confidential". The customer must obtain our expressed written permission before further distribution to a third party.
(3) Orders placed over our websites, are accepted on the date of receipt of the electronic order message. Article 1 above is then applicable.
(4) Specifications in our price lists, catalogues, reports, advertising documents and web sites are non-binding. We reserve the right to make changes to the contents.
(5) Orders which we accept prior to immediate delivery without a preceding confirmation of order are carried out at the list prices effective on the day of the order.

§ 3 Prices - Terms of payment
(1) If no other prices are stipulated in our confirmation order, the prices indicated in it shall apply exclusively.
2) The legal valued-added tax is not included in our prices. It is shown separately at the legal rate on the invoice on the issuing date of the invoice and includes incidental charges, provided that these costs are known, for example, postage, packaging material, import and export charges.
(3) Deduction of cash discount requires a special written agreement.
(4) The stated value added tax is to be paid to the supplier on delivery and assembly of facilities and equipment as follows: 50% of the estimated value of the equipment at the beginning of assembly, 25% of the value of the equipment and assembly charges when the constructor reports completion of the project, and the rest after handover. If these payments are not made punctually, we are entitled to stop working or to postpone our activities until payment has been made.
(5) If payment has not been made punctually, we are entitled to stop working or to postpone our activities until payment has been made without this being grounds for the buyer to withdraw from or rescind the contract.
(6) So long as the confirmation of order does not state otherwise, the net invoiced amount (without deductions) is due for payment immediately from the date of the invoice. The legal regulations on the consequences of a default in payment based on the base rate of the European Central Bank apply. A minimum charge of 6% p.a. on interest in arrears shall be agreed. If cash on delivery has been agreed, the goods will not be delivered to the buyer until full payment of the invoiced amount.
(7) Should costs in connection with implementing the contract arise during or after the period of the contract, for which legal relationships with third parties of the buyer and us are jointly liable, then the buyer shall bear the full cost and provide us with an indemnity against liability.
(8) The buyer is entitled to rights of retention and set-offs if his counter claims have been legally established, indisputable or recognised by us. Furthermore, he is only authorised to exercise his right of retention if his counter claim is based on the same contractual relationship.
(9) Payment is to be made only into the account stated on invoices. Discharge of debt is regarded as fulfilled only after payment into our bank account has been received.
(10) Payment by cheque and/or bill of exchange occurs on account of performance in accordance with § 364 (BGB) German Civil Code, i.e. the fulfilment occurs only after their irrevocable credit to our account.
(11) If the buyer withdraws from the contract which had been concluded before the time of performance, then we are entitled, based on the assumed minimum assigned time / person to raise a bill against the buyer on the basis of the gross amount of the final invoice as listed below:
- up to 28 days before the performance time 10%,
- from the 27th to 14th day before the performance time 25%,
- from the 13th to 4th day before the performance day 50%,
- from the 3rd day before the performance time up to and including the day of performance 80%.
A minimum assignment time of 4 hours / staff can be assumed so far as personnel are concerned. Costs which have already been incurred by us shall be paid in full by the buyer.

§ 4 Delivery of goods
(1) Goods are delivered to the address given by the buyer, partial deliveries are possible.
(2) Compliance with our delivery obligations assumes the continued punctual and proper fulfilment of obligations by the buyer. The plea of objection of non-fulfilment of contract remains reserved.
(3) The results of a force majeure entitle us to delay delivery for the duration of the hindrance and an adequate period of preparation.
(4) If the buyer defaults on acceptance or culpably breaches any other obligations to cooperate, we are entitled to demand reimbursement for damages arising as a result of this, including any objectively necessary additional expenditure. We reserve the right to pursue further claims.
(5) If the preconditions set out in paragraph (4) exist, the danger of an accidental loss or an accidental deterioration of the purchased item is transferred to the customer at the point in time at which he is in default of acceptance- or debtor default.
(6) We are liable in accordance with the legal regulations in as far as the basic contractual relationship is a firm deal in terms of § 286 paragraph 2 no. 4 of the German Civil Code or § 376 of the German Commercial Code. We are also liable in accordance with legal regulations if as a consequence of a delay in delivery caused by us, the buyer is entitled to assert that his interest in continuing to fulfil the terms of the contract is no longer tenable.
(7) We are further liable in accordance with the legal regulations if a delay in delivery caused by us is based on intentional or gross negligent breach of contract; if the delay in delivery is not based on a deliberate breach of contract, then our liability for compensation is limited to predictable, typically occurring damages.
(8) Delivery dates given by us are not guaranteed.

§ 5 Defects liability
(1) Complaints of defects by the buyer assumes that he has properly carried out the relevant checks for which he is responsible in accordance with § 377 of the German Commercial Code.
(2) In so far as defect of the goods exist, the buyer is entitled to subsequent performance of his choice through removal of the defect or replacement with a new non-defective article. In case of defect removal, we are obligated to bear all costs necessary for the purpose of removing the defect, in particular, transport- routes- labour- and material costs, in so far as this shall not increase cost in that the article is required to be transported to a location that is different to the original place of delivery.
(3) If the subsequent performance is not fulfilled, the buyer is entitled according to his choice to demand rescission or a reduction. The notice of rescission shall be in writing.
(4) We are liable in accordance with legal regulations if the buyer lodges a claim for compensation based on intentional or gross negligence, including intentional or gross negligence of our representative or agent. If a deliberate breach of contract cannot be substantiated, compensation liability shall be limited to predictable, typically occurring damages.
(5) If the buyer is entitled to a right of compensation instead of performance, then our liability shall also be limited to compensation of predictable, typically occurring damages within the scope of paragraph 3.
(6) Particularly excluded from compensation are consequential damages, other indirect damages and losses or loss of profits due to faulty, non- or late deliveries. Liability for personal damages in accordance with the Product Liability Act of 01 January 1990 shall not be limited by the preceding rules.
(7) Liability is excluded if there are no deviations from the above.
(8) The statutory period of limitation for defect claims is 12 months, calculated from the date of risk transfer.
(9) We are not liable for spoilage of food caused by improper storage and/or treatment by the buyer. This also applies to subsequent diseases of third parties resulting from this.
(10) Defect claims are excluded after a period of four weeks if they extend to defects claims which could have been discovered if proper and immediate defect checks had been carried out within this period.

§ 6 General liability
(1) Further liability for compensation other than those provided for in § 5 is excluded regardless of the legal status of the claim. This applies in particular to claims for compensation resulting from mistakes on conclusion of contracts, due to other breach of obligations or due to liability-in-tort claims of compensation for material damages in accordance with § 823 of the German Civil Code.
(2) The limitation at paragraph 1 also applies if the buyer instead of lodging a claim for compensation, demands futile expenditure instead of the performance.
(3) If the compensation liability for us is excluded or limited, this is also applicable in regards to the personal compensation liability of our employees, representatives and agents.

§ 7 Liability and liability limitation
(1) Our liability for material and property damages which have been culpably caused by us, our legal representatives or our agents is restricted to the maximum sums stated in Para. 3, if the damages were not caused by intent or gross negligence by us, our legal representatives or our agents or through culpable breach of essential contractual obligations.
(2) In each case of slight negligence, our liability is limited to damages typical and foreseeable for comparable businesses of this kind.
(3) The maximum sums relevant to Para. (1) is: € 5,000,000.00 for personal injuries, for material damages, for damage to property, for loss of /damage to guarded possessions.
(4) Direct claims for compensation against our staff for material and property damages are excluded, in so far as the damage is not caused by intent or gross negligence or through a breach of substantial contractual obligations. In each case of slight negligence, the liability of the staff is limited to compensation that is typical and foreseeable for comparable businesses.
(5) A liability insurance is available in accordance with § 6 of the Security Ordinance. The insurance contract is unrestrictedly subject to the general terms and conditions of liability insurance (AHB) and the conditions for the liability insurance for security companies. Excluded from this insurance cover, are in particular, damages that bear no connection with the actual security work, such as the gritting obligation in black ice conditions, operation of sun protection installations, or in operating and servicing machines, boilers, heating devices, electrical or similar installations.

§ 8 Assertion liability claims

(1) Claims for compensation must be made against the company within four weeks after the beneficiary, his legal representatives or agents have been made aware of the damage. If the damage cannot be determined within this period, then it is enough, but also necessary that the reason for it is asserted. Claims for compensation which are not asserted within this period are excluded.
(2) The customer is furthermore obligated to provide us with an immediate opportunity, for us or representatives appointed by us to carry out the necessary assessment of the cause of damage, details of the damage and extent of the damage. Damage expenditure incurred because the customer failed to meet his obligations or failed to respond immediately, shall be borne by him.

§ 9 Proprietary Rights

(1) We reserve the rights of ownership of the goods purchased until all payments of the order have been settled. If the customer acts contrary to the terms of the contract, in particular, default of payment, we are entitled to repossess the goods. Repossession of the goods by us is simultaneously a rescission of the contract. We are entitled to dispose of the goods we repossess, the proceeds from sales of the repossessed goods - minus an appropriate administration charge- shall be setoff against the customer's liabilities.
(2) The buyer shall inform us immediately in writing on attachment of debts or other intervention by third parties, so that we can institute action in accordance with § 771 (ZPO) of the Civil Procedure Rules. The buyer shall be liable for any loss incurred by us if the third party is not in a position to reimburse us with court costs and out of court costs of an action in accordance with § 771 of the Civil Procedure Rules.
(3) The buyer is entitled to sell the goods in the normal course of business, however, he assigns all demands for active debts up the amount of the outstanding invoice (including the legally prevailing value added tax) to us, on resale to his customer or an adult third party regardless of whether the goods have been sold after processing. After assignment, the buyer remains authorised to recover these demands. Our right to collect these demands ourselves remains unaffected by this. However, we make the commitment not to collect the demands ourselves as long as the customer continues to meet his payment obligations from the proceeds of the resale, does not fall in arrears, and in particular, no application to open a (consumer-) insolvency proceeding has been made or no suspension of payment exists. However, if this is the case, we can demand that the buyer discloses assigned demands and its debtor, give all information necessary for collection, handover the relevant documents and inform the debtors (third parties) of the assignment
(4) Processing or re-modelling of goods by the customer is always done on our behalf. If the purchased goods are processed with other products not belonging to us, then we acquire joint ownership of the new product proportionate the value of the goods (final sum of invoice, including the legal value added tax) to the other goods at the time of processing. Incidentally, the new product created by re-processing is treated in the same way as the goods supplied under reservation.
(5) If our goods are inseparably mixed with other goods not belonging to us, then we acquire joint ownership of the new product proportionate the value of the goods (final sum of invoice, including the legal value added tax) to the other mixed product at the time of mixing. If the mixing is done so that the goods of the buyer is regarded as the main product, then it understood as agreed that the buyer transfers joint ownership to us on a proportionate basis. The buyer acts as custodian on our behalf for the newly created, sole property or joint property.

§ 10 Enticement ban and contract penalties
(1) The buyer is not permitted to induce our employees to terminate their working relationship and establish a new service- or working relationship as self-employed or employed employee direct and/indirect of the buyer. This rule remains applicable six months after the end of the contract.
(2) If the buyer intentionally infringes on the rule of Para. (1), he is obligated to pay a contract penalty of € 1, 000, - per infringement. Payment is due immediately on demand.

§ 11 Data protection
(1) Data protection is governed by the regulations of the (BDSG) Federal Data Protection Act, above all the §§ 27 ff. BDSG for non-public offices in its respective valid version.
(2) Para. 5 BDSG applies in particular (Data integrity.).
(3) The liability stipulations of Para. 8 shall apply on non-compliance with the legal data protection provisions.

§ 12 Concluding stipulations
(1) In so far as the buyer is a business person in terms of the German Commercial Code, a juristic person governed by private law, or a legal entity under public law or a public special fund, our office in Hamburg is the place of jurisdiction; however, we are entitled to sue the buyer also at a court at his place of residence.
(2) Hamburg as place of jurisdiction is agreed with all contracting parties on conclusion of the contract in case the buyer changes his place of residence or his whereabouts to an area which is outside the place of jurisdiction.
(3) The Civil Procedure Rules is postponed or place of residence or the normal whereabouts is unknown at the time of commencement of action.
(4) The applicable law is the law of the Federal Republic of Germany; Applicability of the UN Purchasing Law is excluded.
(5) The place of business is the place of the place of fulfilment unless otherwise stated in the confirmation of order.
(6) Should a provision become invalid, the validity of the other provisions shall remain unaffected. The content of the invalid clause is governed by the law of disposing. If the law of disposing cannot provide a ruling, then paragraphs §§ 133 and 157 of the German Civil Code has to be reverted to, to provide additional interpretation of terms of the contract.