GTC Status 28.08.2020 v.2.2
General Terms and Conditions (Delivery and Payment Conditions) for Purchase and Rental Contracts between Securatek and Entrepreneurs (B2B)
A. General conditions for purchase and rental contracts
§ 1 Scope of application, definitions
(1) For the business relationship between Securatek GmbH & Co KG (hereinafter referred to as "Securatek" or "supplier") and the customer (hereinafter referred to as "customer") the following General Terms and Conditions apply exclusively in the version valid at the time of conclusion of the contract. Deviating general terms and conditions of the customer are not recognized by Securatek, unless Securatek expressly agrees to their validity in writing or in text form. If the parties have made agreements in individual cases, these take precedence over the General Terms and Conditions. These General Terms and Conditions also apply to future legal transactions between the same parties.
(2) These General Terms and Conditions shall only apply to entrepreneurs, i.e. any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity. Separate General Terms and Conditions exist for consumers within the meaning of § 13 BGB.
§ 2 Offer and conclusion of contract
(1) Securatek can accept an order of the customer, which is to be qualified as an offer to conclude a purchase or rental contract, within two weeks by sending an order confirmation or likewise within two weeks by sending the ordered products.
(2) The offers or price information of Securatek are subject to change and non-binding, unless they are expressly designated as binding.
(3) Securatek reserves the property rights, copyrights and other industrial property rights to all calculations, illustrations, photos, videos, sketches, drawings and other documents. The customer may only pass these on to third parties with the written consent of Securatek, completely irrespective of whether they are marked as confidential or not.
§ 3 Terms of Payment, Invoice Dispatch, Default, Set-Off
(1) All prices are ex warehouse Gladenbach and do not include shipping and packaging costs, unless otherwise agreed and confirmed in the order confirmation. The prices do not include the statutory sales tax, which will be shown separately in the invoice. The price is payable and due in advance upon receipt of the invoice and without deductions (no cash discount allowed), unless otherwise agreed in individual cases and confirmed in the order confirmation. The customer can make the payment by bank transfer or by Paypal. In case of self-collection the customer can also pay by credit card, by EC card or in cash.
(2) Insofar as Securatek collects and stores the customer's e-mail address upon conclusion of the contract with the customer's consent or this address is already stored at Securatek due to previous customer contacts, the customer agrees to receive invoices unencrypted by e-mail.
(3) If the customer does not pay on time and is in default, the statutory provisions apply, in particular with regard to interest on arrears. The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by Securatek. Unless otherwise stated in the order confirmation, default occurs at the latest 14 days after receipt of the invoice (also due date).
(4) The customer can only set off claims that are undisputed, recognized by Securatek or legally established. This also applies to deposit reclaims from rental contracts as well as if the customer asserts claims for defects. He is only entitled to rights of retention if they are based on the same contractual relationship.
§ 4 Quality of the goods or the rental objects
(1) The agreed quality of the goods is only the quality described in the product descriptions, specifications, markings etc. provided by Securatek, unless additional quality specifications are agreed in the order confirmation.
(2) In the case of plastic products, variations in dimensions of up to 3% in each direction as well as in color may occur. In the case of products made of natural materials, variations in dimensions of up to 10% in each direction and in color may occur.
(3) When used outdoors and exposed to weathering for extended periods of time, air pollution, UV radiation and other weathering effects may alter the surfaces and colors. Temperature-dependent variations in dimensions of up to 3% in each direction are common for plastic products. This must be taken into account in particular when assembling, installing, laying or shoring the products/rental objects and must be taken into account by appropriate measures such as sectioning in partial areas.
(4) It shall be the sole responsibility of the Customer to ensure, at its own expense, that the prerequisites for relocation, installation and commissioning of the Products or the Rental Objects are met. In particular, the customer undertakes to comply with the structural requirements, to obtain any necessary permits at its own expense and to provide us with evidence of such permits upon request.
(5) Information on load-bearing capacity, support pressure and protective effect are approximate values which depend, among other things, on factors such as temperature, soil class, soil properties, soil bearing capacity, contact surfaces, dynamics and direction of force application. Therefore, an assessment of the soil or subsoil by the customer or a soil analysis by an expert or geotechnical expert on the bearing capacity of the soil or subsoil is strongly recommended before each use.
§ 5 Delivery time, partial delivery, delay in delivery, availability of goods
(1) Delivery times stated by Securatek are in principle non-binding unless they have been expressly agreed as binding. Binding delivery times are calculated from the first working day after receipt of payment and handover to the carrier (whichever is later). If the last day of the delivery period falls on a Saturday, Sunday or a general public holiday recognized by the state at the place of delivery, the following working day shall take the place of such day.
(2) Securatek is entitled to make partial deliveries.
(3) If Securatek is prevented from fulfilling its obligation in due time due to force majeure or other unforeseeable circumstances through no fault of Securatek, e.g. sovereign measures, energy shortage, operational disruption, industrial action, incorrect or delayed self-supply, pandemics and similar, which could not be averted by Securatek despite reasonable care according to the circumstances of the individual case, the customer shall be informed thereof immediately. An appropriate extension of the delivery time shall then occur - also within a delay. If the impeding circumstances do not cease to exist within a reasonable period of time, each contracting party shall be entitled to withdraw from the contract. Claims for damages shall be excluded unless liability is mandatory by law.
(4) The occurrence of a delay in delivery by Securatek is determined according to the legal regulations. This also applies in case of a transaction for delivery by a fixed date according to BGB or § 376 HGB. In any case, however, a reminder by the customer is required. If Securatek is in default of delivery and is responsible for this by way of simple or gross negligence, the liability of Securatek is limited to the foreseeable, typically occurring damage. If the delay in delivery is due to an intentional breach of contract by Securatek, the statutory liability provisions apply exclusively. Any fault of vicarious agents and representatives shall be attributed to Securatek.
(5) In all other respects the customer may demand a lump-sum compensation of his damage caused by delay for each case of delay in delivery for which Securatek is responsible. The lump-sum compensation amounts to 0.5% of the net purchase price or 5% of the net rental price for the agreed rental period (hereinafter referred to as "delivery value") for each full calendar week of the delay, but in total not more than 5% of the net purchase price of the goods delivered late. Securatek reserves the right to prove that the customer has not suffered any damage at all or that the damage is significantly less than the aforementioned lump sum.
(6) Any further liability of Securatek due to a delay in delivery for which Securatek is responsible is excluded.
(7) If the product or rental object ordered by the customer is temporarily not available, Securatek shall inform the customer accordingly. The customer has the choice whether he wants to accept the new delivery time stated by the supplier or whether he wants to withdraw from the contract. If in the latter case a payment has already been made, the customer will be refunded by the same payment method he had chosen for the original payment.
(8) If the customer is in default of acceptance or culpably violates duties to cooperate, Securatek is entitled to damages and compensation for additional expenses. In addition, the risk of accidental loss or accidental deterioration of the goods passes to the customer.
§ 6 Transfer of risk, shipment, shipping costs, packaging costs
(1) Shipment and loading shall be uninsured and at the risk of the Customer. At the customer's request, a separate transport insurance can be taken out. The goods shall be shipped by parcel service or by forwarding agent. Place of performance is the place of dispatch. As soon as the goods have left the warehouse of Securatek or have been handed over to the carrier - valid is the earlier point in time - the risk is transferred to the customer. In case of drop shipments the point of time when the goods leave the delivery plant is decisive. This also applies if the transport is carried out by vicarious agents.
(2) The shipping costs and packaging costs shall be indicated to the Customer in the offer or in the context of a price information and additionally also in the subsequent order confirmation and shall be borne by the Customer.
(3) In the case of delivery by parcel service: Shipping is carried out at the standard rate to the delivery address, which must be accessible to trucks and passable by up to 7.5 tons. The unloading is done by the parcel service, the transport to the front door. The shipping costs charged by the provider cover two delivery attempts. The costs for delivery attempts beyond that are borne by the customer.
(4) In case of delivery by forwarding agency as small consignment: The shipment is made by truck with lifting platform to the delivery address, which must be accessible to trucks and passable by up to 12 tons. The unloading is carried out by the forwarding agency to the curb. The shipping costs charged by the provider cover one delivery attempt. The costs for further delivery attempts shall be borne by the customer.
(5) In the case of delivery by a forwarding agent as a large shipment, the Customer must ensure that the delivery address is accessible and passable for trucks with a permissible total weight of up to 40 tons. The customer is responsible for unloading; for an additional charge, the customer can order a forklift as an additional service for this type of shipment. The forklift is operated by the forwarder; liability of the supplier for any damage caused by the forklift driver is excluded. If the Customer does not fulfill the aforementioned obligations and for this reason the delivery of the goods cannot take place, the Freight Forwarder is not obliged to wait longer than 30 minutes at the place of operation for the aforementioned conditions to be established. If the delivery cannot be made in such a case, the Freight Forwarder shall take the goods back. In such a case, the customer shall bear the costs for the return transport and the new delivery of the goods.
(6) Securatek is not liable for any damage caused by the transport service provider / carrier; however, Securatek assigns to the customer in advance and irrevocably all claims against the service provider for such damage.
§ 7 Liability of Securatek
(1) Further claims of the customer for damages are excluded within the scope of what is legally permissible and the following regulations. This applies in particular to claims for damages due to culpa in contrahendo, due to other breaches of duty or due to tortious claims for compensation of property damage according to § 823 BGB. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. Furthermore, except in the case of intent and gross negligence, the liability of the Provider does not include such damages for which the Customer is insured or can usually be insured.
(3) The limitations from the aforementioned paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them.
(4) The limitations of liability resulting from the aforementioned paragraphs (1) and (2) do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
(5) When purchasing floor protection systems, liability for damage to the subfloor is excluded unless it can be attributed to intent or gross negligence on the part of the provider. Floor protection systems must be laid on level subfloors and do not serve to bridge holes or trenches. Floors and substrates are to be protected against possible abrasion of the floor protection systems with protective fleece of class GRK5.
(6) The customer is obliged to observe any installation instructions provided by Securatek.
§ 8 Data protection, data storage and processing
The customer agrees to the collection, storage, processing and use of his data, including his personal data, for the purpose of concluding and executing the contract. In addition, the data protection declaration available at https://securatek.de/datenschutz is made an integral part of this contract. The customer can revoke the consent at any time with effect for the future and has the rights to information, deletion and correction in accordance with the DS-GVO.
§ 9 Applicable Law, Place of Jurisdiction, Severability Clause, Written Form
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider. However, the provider is also entitled to sue the customer at his place of residence or business.
(3) Should one or more provisions of this contract be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions and the validity of this contract as a whole shall not be affected. In place of the invalid or unenforceable provision, such provision shall be deemed to have been agreed which, as far as legally possible, comes closest in terms of place, time, extent and scope to what was intended by the contracting parties in economic terms according to the original meaning and purpose of the invalid or unenforceable provision. The same shall apply to any loopholes in this contract.
(4) Amendments or supplements to the concluded contract must be made in writing. This shall also apply to this written form clause itself. Verbal collateral agreements do not exist. B. Special Terms and Conditions for Purchase Contracts Only In addition to the terms and conditions set forth in Section A, the following special terms and conditions shall apply to purchase contracts.
B. Special conditions for purchase contracts only
§ 10 Retention of title for purchase contracts
(1) The supplier retains ownership of all delivered goods (reserved goods) until payment of all his claims arising from the business relationship, including claims arising in the future. This shall also apply if individual or all claims of the supplier are included in a current account (current account relationship) and the balance has been struck and acknowledged, as the reserved property serves as security for the balance claims of the supplier. The retention of title shall expire only upon payment of all claims of the Provider.
(2) The customer may resell the delivered goods subject to retention of title in the ordinary course of business as long as he is not in default of payment. At the time of the conclusion of the purchase contract, he already assigns to Securatek by way of security the claims against his customers to which he is entitled from the resale of the goods subject to retention of title, including all ancillary rights. Securatek accepts the assignment. The advance assignment also extends to the balance claim from a possible current account relationship of the customer with his buyers. In the event of the opening of insolvency proceedings against the customer's assets, the current account shall automatically end, whereby the balance surplus is already assigned to the supplier. If goods subject to retention of title are resold together with goods of other suppliers after processing, combining, mixing or blending, the above agreed advance assignment shall only apply to the amount of the invoice value of the goods subject to retention of title of the supplier which are sold together with other goods.
(3) The Customer shall be entitled to collect claims from the resale until revocation of the Provider, which is permissible at any time. The provider will only exercise this right in the event of default in payment or the filing of an insolvency petition over the assets of the customer. Upon the Provider's request, the Customer is obligated to immediately inform its buyers of the assignment to the Provider - unless the Provider does so itself - and to provide them with the information and documents required for collection. In these cases the supplier is also entitled to take back the reserved goods and to enter the customer's premises for this purpose. The Customer shall be obliged to surrender the goods, waiving all defences.
(4) The Customer must notify the Provider without delay of any compulsory enforcement measures by third parties against the reserved goods or the claims assigned in advance or any other impairment of the Provider's rights, handing over the information and documents necessary for an intervention.
(5) If goods subject to retention of title are processed by the Customer to form a new movable item, the processing shall be carried out for the Provider as manufacturer, without the Provider being obligated as a result. In case of processing, combination, mixing or blending of the reserved goods of the Provider with goods not belonging to him, the Provider acquires co-ownership of the new item in the ratio of the invoice value of his reserved goods to the other processed goods at the time of processing, combination, mixing or blending.
(6) If the customer acquires sole ownership of a new item, the supplier and the customer agree that the latter shall grant the supplier co-ownership of the new item in proportion to the invoice value of the processed or combined, mixed or blended goods subject to retention of title and shall store them free of charge for Securatek.
(7) If the customer assigns the claim assigned to the supplier to the factor within the scope of a genuine factoring, the claims of the supplier shall become due immediately upon issuance of the credit note or payment by the factor, irrespective of other agreements. The Customer hereby assigns to the Provider its present and future claims against the Factor arising from the purchase of resale receivables, insofar as they relate to the goods delivered by the Provider. The Customer undertakes to notify the factor of these assignments and to instruct the factor to pay only to the Provider to this extent.
(8) As soon as the sum of the realizable value of the securities given by the customer to Securatek exceeds the total claim of Securatek from the business relationship by more than 50 %, Securatek is obligated to retransfer or release securities up to a cover limit of 110 % of the secured claim upon request of the customer.
(9) The reserved goods of the supplier are to be insured by the customer against fire, burglary, theft and water damage in the same way as he insures his own assets. The insurance claims are assigned to the provider in the amount of all existing claims from the business relationship.
(10) Insofar as the Provider is entitled to take back the goods subject to retention of title on the basis of the above provisions, the Customer shall be obliged to hand over the goods free of charges and freight and to compensate for any reduced value resulting from the damage or improper handling or from the additional transport. He is also liable for the lost profit of the supplier.
§ 11 Legal and material defects, liability, warranty for purchase contracts
(1) The statutory provisions shall apply to the Buyer's rights in the event of defects of quality and title (including wrong and short delivery or defective assembly instructions), unless otherwise stipulated below.
(2) The basis of the supplier's liability for defects is above all the agreement reached on the quality of the goods. All product descriptions which are the subject of the individual contract or which have been made public by the supplier (in particular in its catalogs or on its website) shall be deemed to be an "agreement on the quality of the goods" (Section 434 (1) sentence 1 BGB).
(3) Insofar as the quality has not been agreed upon, it is to be assessed according to the legal regulation whether a defect exists or not (§ 434 para. 1 sentence 2 and 3 BGB). However, the supplier shall not be liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).
(4) The Customer's rights in respect of defects presuppose that the Customer has duly fulfilled its obligations to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). Goods subject to complaint may not be unloaded without the consent of the supplier, otherwise they shall be deemed to have been accepted free of defects. Insofar as a deviation in type only becomes apparent during or after unloading, the material shall be stored separately, otherwise the goods shall be deemed to have been accepted free of defects. The customer shall immediately enable the supplier to carry out a proper inspection of the defect.
(5) If the delivered item is defective, the Provider may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement). The right of the Provider to refuse subsequent performance under the statutory conditions shall remain unaffected.
(6) The Provider is entitled to make the subsequent performance owed dependent on the Buyer paying the purchase price due. However, the Purchaser is entitled to retain a reasonable part of the purchase price in relation to the defect.
(7) The Customer shall give the Supplier the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the Customer shall return the defective item in accordance with the statutory provisions. Subsequent performance shall neither include the removal of the defective item nor its re-installation if the Provider was not originally obliged to install it.
(8) The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs (not: removal and installation costs) shall be borne by the Provider if there is actually a defect. Otherwise, he may demand reimbursement from the customer of the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not apparent to the customer.
(9) In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand reimbursement from Securatek of the expenses objectively necessary for this. The supplier is to be informed immediately, if possible in advance, of such a self-remedy. The right of self-execution does not exist if the supplier would be entitled to refuse a corresponding subsequent performance according to the legal regulations.
(10) If the supplementary performance has failed or a reasonable deadline to be set by the Customer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, the Customer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there shall be no right of withdrawal.
(11) Claims of the Buyer for damages or reimbursement of futile expenses shall also exist in the case of defects only in accordance with § 6 and shall otherwise be excluded.
(12) The warranty claims of the customer on goods delivered by the supplier are subject to a limitation period of 12 months from receipt of the goods by the customer, unless Securatek has fraudulently concealed the defect; then the statutory provisions apply. The one-year statute of limitations also does not apply insofar as it concerns the sale of an item that is normally used for a building and has caused its defect.
(13) An additional warranty exists for the goods delivered by the Supplier only if this was expressly stated in the order confirmation or invoice for the respective item.
C. Special conditions only for rental contracts
In addition to the terms and conditions from section A., the following special conditions apply to rental contracts.
§ 12 Start of rental, rental period and minimum rental period
(1) The start of the rental period shall be the point in time (calendar day and time) on which the delivery of the rental objects arrives at the customer's premises. In the case of self-collection, this shall be the time of collection.
(2) The rental objects shall be provided on a weekly basis, with one week having seven calendar days. Example: If the rental objects are delivered or collected on a Wednesday at 3 p.m., the first rental week runs until the following Wednesday at 3 p.m., and likewise any subsequent rental weeks. The date and time of the delivery bill or handover protocol in the case of self-collection shall apply. If no time is noted on the delivery bill or handover protocol, 12 noon shall be deemed to be the relevant time.
(3) The minimum rental period shall generally be one week. If a longer minimum rental period is specified for certain products in the offer or in a price information, this longer minimum rental period shall be deemed agreed. A shorter or longer rental period or minimum rental period shall be deemed to have been agreed individually in each case, provided that it is included in the order confirmation.
(4) An early return of the rental objects does not release the customer from the obligation to pay the rent until the end of the agreed rental period.
(5) If a rental period has not been expressly agreed, the rental period shall be at least one week from receipt of the rental object or objects. It shall be extended continuously by one further rental week in each case. The rental agreement may be terminated at any time after the expiry of the first rental week with a notice period of one week to the expiry of a rental week (cf. paragraph (2)).
§ 13 Delivery date
(1) Delivery dates stated by Securatek are in principle non-binding unless they have been expressly agreed as binding.
(2) Prerequisite and condition for the observance of a binding delivery date is the timely payment of a deposit by the customer. Only then can the commissioning of the rental objects and the handover to the carrier take place. There must be at least six working days between the receipt of payment of the deposit and a binding delivery date. If the payment of the deposit by the customer is not made in time in this sense, the agreed delivery date shall be postponed into the future by the number of days of the delayed receipt of the deposit payment.
(3) If the delivery date falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the following working day shall take the place of such a day.
§ 14 Return at the end of the rental period, missing rental objects, cleaning
(1) At the end of the agreed rental period the rented objects are to be returned by the customer to Securatek cleaned, complete and undamaged. The return transport is organized by the customer at his own expense, unless otherwise agreed and included in the order confirmation. The duration of the return transport counts to the rental period, the return of the rental objects to Securatek must therefore take place at the latest on the last day of the rental period at the warehouse in Gladenbach.
(2) If rental objects are missing at the time of return, the customer is obliged to pay Securatek an increased rent of 150% of the originally agreed rent from the day of the agreed return to the day of the complete return as compensation for the rental objects not returned. If the rental objects have perished, are lost or can no longer be returned for other reasons and the customer notifies Securatek of this, the customer must pay compensation to Securatek from this point in time in accordance with the following provision.
(3) Cleaning by the customer prior to return must be carried out with high-pressure cleaners or comparable means in such a way that the plates are in a condition that can be further rented without necessary cleaning by Securatek. In case of return of uncleaned or insufficiently cleaned rental plates, Securatek will carry out a cleaning and charge the customer based on the cost information contained in the offer or the price information. Soiled damaged panels will also be cleaned by Securatek to determine the extent of damage. The minimum price for cleaning work is 3.30 EUR net per square meter of cleaned area.
(4) Follow-up costs and consequential damages that arise due to insufficient or non-successful cleaning of the rental objects, such as increased transport costs, are to be borne and reimbursed by the tenant.
§ 15 Damage to rented objects
(1) The customer has to inspect the rental objects immediately upon delivery or upon self-collection for damages and has to inform Securatek immediately in text form about detected defects as well as quantity discrepancies. Taking the rental objects into use is equivalent to a confirmation by the renter that no recognizable defects were present at the time of taking into use.
(2) If damage to the rental objects occurs during the rental period, the customer is obligated to immediately report the damage to Securatek and to coordinate the further procedure with Securatek. The customer acknowledges that own repair attempts by himself will regularly fail due to lack of special know-how and/or lack of special material or special tools. Own repair attempts can therefore increase the damage under certain circumstances.
(3) If the customer returns a damaged rental object and if the damage is no longer to be classified as normal wear and tear within the scope of the intended use, Securatek will try to repair the damage and charge the customer the costs for this. In this respect the customer is obliged to pay damages.
(4) If a rental object is so severely damaged that it can no longer be repaired, or if it has been lost or sunk at the customer's premises or can no longer be returned for other reasons, and if the customer notifies Securatek of this, the customer is obligated as of this point in time to pay Securatek an amount equal to 14/15 of the then current catalog net new price as compensation for damages. In return he is entitled to the transfer of ownership of the damaged rental object upon request after payment has been made or is released from the obligation to return it.
§ 16 Deposit, repayment of the deposit
(1) If Securatek has requested it before conclusion of the contract, the customer is obliged to pay a deposit in the agreed amount to Securatek. In this case the deposit is a condition for delivery. If the deposit is not paid by the agreed date, the provisions set forth in the above section "Delivery Date" shall apply. In addition Securatek is entitled to withdraw from the contract. The withdrawal must be declared in writing or in text form.
(2) Securatek is entitled to set off against the claim for repayment of the deposit with claims arising from and in connection with the rental relationship (incl. cleaning costs) against the customer.
(3) The deposit will be repaid by Securatek to the customer within 14 bank working days after final settlement of the rental relationship, provided that there are no more claims against the customer arising from and in connection with the rental relationship.
§ 17 Obligations of the customer, transfer to third parties, place of use
(1) The customer is obliged to treat the rental objects with care and to use them only within the scope of the permissible application purposes and specifications. The customer may not remove any signs, labels or similar affixed to the rental objects. The Customer may not modify, rebuild, paint, drill into, cut open or perform similar invasive actions on the Rental Objects.
(2) The customer may not pass on or sublet the rental objects to third parties against payment or free of charge without the prior written consent of Securatek.
(3) The customer must notify Securatek in advance of the first place of use of the rental objects. The customer is entitled to move the rental objects to other locations within the European Union at a later date, but must notify Securatek of this in each case. A transfer of the rental objects outside the European Union is only permissible with the prior consent of Securatek and against provision of a deposit to be agreed separately.
§ 18 Claims for defects of the customer
(1) Unless otherwise stipulated in the above provisions, the contracting parties are entitled to the statutory rights. In the event of defects in rental objects for which the customer is not responsible, the customer is obligated to first grant Securatek the possibility of subsequent delivery or subsequent performance within a reasonable period of time. A period of 14 days is agreed as reasonable.
(2) For liability and claims for damages of the customer against Securatek the regulations laid down in part A. of these General Terms and Conditions apply.
§ 19 Termination
Each contracting party has the right to terminate the rental agreement at any time with a notice period of one week to the end of a rental week or, if a rental period longer than one week was agreed, to the end of this agreed rental period. Any notice of termination must be given in writing or in text form.