§ 1 General Execution of Duties
(1) The policing- and security business is a legally permissible profession which must be statutory authorised in accordance with § 34a of the Trading Ordinance. We provide security services as area guard-, separate guard- or for special services
a) Area guarding is carried in uniform by individual patrols or in vehicles equipped with radios. Unless otherwise agreed, all premises to be guarded in a designated area are patrolled and checked at irregular intervals.

b) Separate guarding is carried out as a rule by one or several male/female guards or male/female security-people specifically assigned to guard one or several connected premises in an area. The individual activities are set out in special duty instructions.
(c) Special duties include, for example, checks of personnel, personnel escort- and protection service, money- and valuables service, operating alarm and emergency call centres (central service centre) as well as carrying out cash desk-, order- and supervisory duties at exhibitions, trade fairs, events and other duties.
(2) Mutual obligations between the customer and ourselves are agreed in special contracts.

(3) We perform our activities as a service company (no hiring out of employees pursuant to the regulations on professional temping of 7 August 1972. In the version published on 3 February 1995, lastly amended by the first Act for modern service companies on the labour market on 23 December 2002 (German Civil Code 1, page 4607), and see our staff as vicarious agents or others in accordance with § 34a of the Trading Ordinance and employ them as registered and non-registered business people, the right to give instructions rest with us - with the exception of, increased danger in any delay.
(4) We are solely responsible for fulfilling all legal, official, legal welfare and employers' liability insurance association obligations which affect our employees.

§ 2 Operational procedure
The written operational procedure/alarm plan is the only authority for carrying out the service in each individual case. It contains more precise details of the customer's instructions in respect of patrols, checks and other duties which must carried out. Amendments and supplements to the operational procedures require written agreement. If demanded by unforeseeable circumstances, planned checks, patrols and other duties can be omitted in individual cases.
§ 3 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 reserved 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 applicable.
(4) Specifications in our price lists, catalogues, reports, advertising documents and websites 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 order.
(6) Collateral agreements, changes, supplements or limitations of the contract must be made in writing.

§ 4 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) 0n partial delivery we have the right to demand a corresponding instalment.
(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.
(5) Discount of cash discount requires a special written agreement.
(6) Unless otherwise stated on the confirmation of order, 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) If payment is not made punctually, we are entitled to stoop working or postpone our activities until payment has been made without this being grounds for the buyer to withdraw from or rescind the contract.
(8) Should costs in connection with implementing the contract arise during or after the period of contract, for which legal relationships with third parties and us are jointly liable, then the buyer shall bear the full cost and provide us with an indemnity against liability.
(9) The buyer is entitled to rights of retention and setoffs if his counter claims have been legally established, indisputable or recognised by us. Furthermore, he is only permitted to exercise his rights of retention if his claim is based on the same contractual relationship.
(10) Payment is to be made only into the account stated on the invoice. Discharge of debt is regarded as fulfilled only after payment into our bank account has been received.
(11) The acceptance of checks, bills of exchange and other securities occur only on account of performance in accordance with § 364 of the German Civil Code and under the usual reservation of their redemption, their discounting possibilities as well as the acceptance of all charges connected with their redemption by the contractual partner. Discount- and exchange fees are at the customer's expense and are due immediately.
(12) If the buyer withdraws from a contract which had been concluded before the time of performance, then we are entitled, based on the minimum assigned time/personnel to raise a bill against the buyer on the basis of the gross amount of the final invoice as listed below:
- up to the 28th day before the performance time 10%,
- from the 27th to the 14th day before the performance time 25%,
- from the 13th to the 4th day before the performance time 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 as far as personnel are concerned. Costs which have already been incurred by us shall be reimbursed in full by the buyer.
(13) In case of amendments/introduction of new statutory taxes, levies, insurance premiums, vehicle- corporate operating costs, labour- and/or ancillary labour costs, especially through the conclusion of new wages or other collective tariff agreements, then the hourly rate for carrying out the order shall be adjusted by the same amount as the changes in the wage- and /or ancillary labour costs and other costs mentioned above, in addition to the statutory taxes and other levies applicable. Written confirmation by the Federal Association of Guarding and Security Companies (BDWS) is sufficient to support the enforcement of amended labour costs.

§ 5 Keys and emergency addresses
(1) The customer is to make the keys necessary for carrying out the order available to us punctually and free of charge.
(2) We are liable for lost keys and for intentional or negligent damage to keys by duty personnel within the scope of § 12 (assertion of liability). The customer gives us the addresses which can be notified by telephone even at nights if there is a danger to the guarded object. We must be notified immediately of any changes to the addresses. In cases where we have to carry out alarm tracking on switched on alarm systems, the customer must set out the switching sequence.

§ 6 Equipment and installation of facilities
Unless otherwise agreed, the following rules apply for all erection, assembly and maintenance of facilities:
(1) The customer must provide tradesmen and the tools required by them in the required quantity and punctually at his expense to carry out all excavation-, bedding-, mortar-, scaffolding-, plastering-, painting- and other ancillary work not within our field of business, including the relevant building material, power and water supply as well as the connections to the place of use, heating and general lighting. The customer is also responsible for providing suitably large, dry and lockable storage rooms on the building site for storing machine components, equipment, materials, tools, etc. and appropriate work and rest rooms including sanitary facilities for the assembly workers. Incidentally, our contractual partner is responsible for taking the same measures at the building site to protect our assembly workers and their possession as he would take to protect his own possessions.
(2) The customer is obligated to freely provide information on the whereabouts of concealed electric cables, gas and water pipes or other similar installations and the relevant static information before commencement of assembly work. The customer is obliged to certify the work carried out by riggers or our assembly workers on a daily or weekly basis as stipulated by us. He shall further certify the completion of the rigging or assembly on the form provided by us for this purpose.
(3) Parts supplied by us which are removed and replaced become our property without compensation unless there are other special statutory agreements to the contrary, excepted from this, are parts and components which must be properly disposed of according environmental protection conditions.
(4) If we takeover assembly and maintenance against individual invoicing, then besides the conditions mentioned above, the conditions listed below shall be regarded as agreed:
(5) The customer shall pay us the hourly rates agreed on placing the order for working time and extra pay for overtime-, rework-, Sunday- and work on public holidays, for work under difficult conditions as well as for planning and security. This correspondingly applies to material usage including cutting loss and for rigging and connections of the facility.
(6) Preparation-, travelling- and duration and response-times count as working time for which, in particular, the actual costs for wages and journeys by vehicles to - and departures from -destinations are calculated.
(7) The following costs are paid separately:
Travelling expenses, costs for transporting the tradesman equipment and personal luggage, for freight and packaging, for the delivery of the total material and equipment as well as the technical paperwork ordered; our normal tripping selection and allowances for working time and for days-off and public holidays.

§ 7 Complaints
(1) So that we can resolve them, complaints of any kind which are based on the performance of duties or other irregularities are to be reported in writing to the management as soon as possible after they have been identified. Unpunctual reporting could adversely affect rights of assertion for such complaints.
(2) Repeated or gross infringements in performing the duty only provides grounds for instant rescission of the contract if after written notification we do not resolve the problem within an appropriate period, at the latest within seven working days.

§ 8 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 statutory regulations if the buyer lodges a claim for compensation based on deliberate of gross negligence, including deliberate or gross negligence of our representative or agent. If an intentional 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.

§ 9 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 duties 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

§ 10 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.

§ 11 Terms of contract
The contract is valid for 1 year unless otherwise agreed in writing. If it is not cancelled three months before the end of the first year, it shall be extended by a further year respectively and after that by another year etc.

§ 12 Early dissolution
(1) The customer can rescind the contractual relationship by giving one month's notice on moving, selling or closing the business for other reasons.
(2) We are also entitled to early rescission of the contract if we give up an area by giving one month's notice.

§ 13 Legal succession
The legal successor enters into the contract on the death of the customer unless the contract was based mainly on the personal interest of the customer, in particular his personal protection. As far as we are concerned the contract is not affected by other legal successors or legal changes.

§ 14 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 of this kind.
(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 Asserting claims of liability
(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.

§ 16 Proof of liability insurance
We are obligated to take out liability insurance within the framework the liability we have taken over whose limits are set out in paragraphs 14 and 15. The customer can demand proof of such an insurance being taken out. The maximum insurance sums are laid down in the Ordinance for security companies in the version of 23. July 2002 (German Civil Code l, page 2724).

§ 17 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. 12 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 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 the terms of the contract.