Terms & Conditons
Download GTC as PDF (Status 28.08.2020 v.2.2)
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
Sec. 1 Scope, definitions
(1) The business relationship between Securatek GmbH & Co. KG (hereinafter referred to as “Securatek” or “Supplier”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of conclusion of the contract. Deviating general terms and conditions of the Customer will not be recognised by Securatek, unless Securatek expressly agrees to their validity in writing or in text form. If the parties have made individual agreements, these shall take precedence over the General Terms and Conditions. These General Terms and Conditions shall 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 or which, when concluding the contract, acts in exercise of their trade, business or profession. Separate General Terms and Conditions exist for consumers within the meaning of Sec. 13 BGB (German Civil Code).
Sec. 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 quotations of Securatek are subject to change and non-binding, unless they are expressly designated as binding.
(3) Securatek reserves the title, copyrights and other property rights to all calculations, illustrations, photos, videos, sketches, drawings and other documents. The Customer may only pass these on to third parties with Securatek’s written consent, completely irrespective of whether or not they are marked as confidential.
Sec. 3 Terms of payment, invoicing, default, set-off
(1) All prices are quoted 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 value-added tax, which will be shown separately in the invoice. The price is due and payable 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. If the case of collection by the Customer, the Customer can also pay by credit card, by debit card or in cash.
(2) Insofar as Securatek collects and stores the Customer's email address upon conclusion of the contract with the Customer's consent or this address is already stored by Securatek due to previous contact with the Customer, the Customer agrees to receive invoices in unencrypted form by email.
(3) If the Customer does not pay on time and is in default, the statutory provisions shall apply, in particular with regard to default interest. The Customer’s obligation to pay default interest shall not exclude the assertion of further damages caused by default by Securatek. Unless otherwise stated in the order confirmation, default occurs 14 days after receipt of the invoice (also due date) at the latest.
(4) The Customer can only set off claims that are undisputed, recognised by Securatek or legally established. This shall also apply to deposit reclaims from rental contracts as well as if the Customer asserts claims for defects. The Customer is only entitled to exercise rights of retention if the claims are based on the same contractual relationship.
Sec. 4 Quality of the goods or the rental objects
(1) Only the quality described in the product descriptions, specifications, markings, etc. provided by Securatek shall be deemed to be the agreed quality of the goods, 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 colour may occur. In the case of products made of natural materials, variations in dimensions of up to 10% in each direction and in colour 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 colours. 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 corrected by taking appropriate measures such as sectioning in partial areas.
(4) The Customer is solely responsible for ensuring at its own expense that the prerequisites for laying, installing and putting into use the goods 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) Details concerning load-bearing capacity, support pressure and protective effect are approximate values which depend on factors such as temperature, soil class, soil composition, soil bearing capacity, contact surfaces, dynamics and direction of force application. Therefore, an assessment of the soil or surface by the Customer or a soil analysis by a surveyor or geotechnical expert to determine the load-bearing capacity of the soil or surface is strongly recommended before each use.
Sec. 5 Delivery time, partial delivery, default in delivery, availability of goods
(1) As a rule, delivery times stated by Securatek are 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 recognised 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, such as sovereign measures, energy shortage, operational disruption, industrial action, incorrect or delayed supply by upstream suppliers, pandemics and the like, which could not be averted by Securatek despite reasonable care according to the circumstances of the individual case, the Customer shall be informed thereof without delay. The delivery time shall then be extended by a reasonable period, even if the Supplier is already in default. If the impeding circumstances do not cease to exist within a reasonable period of time, each 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 default in delivery on the part of Securatek shall be determined by the statutory provisions. This shall also apply to fixed-date transactions pursuant to the BGB or Sec. 376 HGB (German Commercial Code). In any case, however, a reminder by the Customer is required. If Securatek is in default of delivery and has caused the default by slight or gross negligence, Securatek’s liability shall be limited to the foreseeable, typically occurring damage. If the default in delivery is based on a wilful breach of contract by Securatek, the statutory liability provisions shall apply exclusively. Any fault on the part of vicarious agents and representatives shall be attributed to Securatek.
(5) Apart from that, the Customer may demand a lump-sum compensation for the damage caused by default for each case of default 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 default, 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 above lump sum.
(6) Any further liability of Securatek due to default in delivery caused by Securatek shall be excluded.
(7) If the product or rental object ordered by the Customer is temporarily not available, Securatek shall inform the Customer accordingly. The Customer can choose whether it wants to accept the new delivery period stated by the Supplier or whether it 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 it 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 claim damages and reimbursement of additional expenses. In addition, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer.
Sec. 6 Passing of risk, shipment, shipping costs, packaging costs
(1) Shipment and loading will be carried out uninsured and at the Customer’s risk. At the Customer's request, separate transport insurance can be taken out. The goods will be shipped by parcel service or by forwarding agency. The place of performance is the place of dispatch. As soon as the goods have left Securatek’s warehouse or have been handed over to the carrier – whichever is earlier – the risk shall pass to the Customer. In the case of drop shipments, the point in time at which the goods leave the Supplier’s plant shall be decisive. This shall also apply if the transport is carried out by vicarious agents.
(2) The shipping and packaging costs will be indicated to the Customer in the offer or quotation and additionally 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 shipping address, which must be accessible and passable for lorries with a weight of up to 7.5 tonnes. Unloading is carried out by the parcel service, the transport to the front door. The shipping costs charged by the Supplier cover two delivery attempts. The costs for any delivery attempts beyond that shall be borne by the Customer.
(4) In the case of delivery by forwarding agency as small consignment: Shipping is carried out by lorry with tail lift to the shipping address, which must be accessible and passable for lorries with a weight of up to 12 tonnes. Unloading is carried out by the forwarding agency to the kerbside. The shipping costs charged by the Supplier cover one delivery attempt. The costs for any further delivery attempts shall be borne by the Customer.
(5) In the case of delivery by a forwarding agency as a large consignment, the Customer must ensure that the shipping address is accessible and passable for lorries with a permissible total weight of up to 40 tonnes. The Customer is responsible for unloading; for an extra fee, the Customer can order a forklift as an additional service for this type of shipment. The forklift is operated by the forwarder; the Supplier’s liability for any damage caused by the forklift driver shall be excluded. If the Customer fails to fulfil the aforementioned obligations and the goods cannot be delivered as a result, the forwarder is not obliged to wait longer than 30 minutes at the place of use for the aforementioned conditions to be established. If the delivery cannot be made in such a case, the forwarder will take the goods back. In such a case, the costs for the return transport and the new delivery of the goods shall be borne by the Customer.
(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 arising from such damage.
Sec. 7 Liability of Securatek
(1) Further claims of the Customer for damages shall be excluded within the scope of what is legally permissible and the following provisions. This shall apply in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation of property damage pursuant to Sec. 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 (material obligations) as well as liability for other damage based on a wilful or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Supplier shall only be liable for the foreseeable damage typical for the contract if such damage was caused by slight negligence, unless the Customer's claims for damages are based on injury to life, limb or health. Furthermore, except in the case of wilful intent and gross negligence, the Supplier’s liability shall not include such damage for which the Customer is insured or can usually be insured.
(3) The limitations under para. (1) and (2) above shall also apply in favour of the Supplier’s legal representatives and vicarious agents, if claims are asserted directly against them.
(4) The limitations of liability under para. (1) and (2) above shall not apply if the Supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
(5) When purchasing ground protection systems, any liability for damage to the surface shall be excluded, unless it can be attributed to wilful intent or gross negligence on the part of the Supplier. Ground protection systems must be laid on level surfaces and do not serve to bridge holes or trenches. Soils and surfaces must be protected against possible abrasion of the ground protection systems with geotextile of class GRK5.
(6) The Customer is obliged to observe any installation instructions provided by Securatek.
Sec. 8 Data protection, data storage and processing
The Customer agrees to the collection, storage, processing and use of its data, including its personal data, for the purpose of concluding and executing the contract. In addition, the Privacy Policy available at https://securatek.de/en/privacy- is made an integral part of this contract. The Customer can withdraw the consent at any time with effect for the future and has the right of access as well as the right to erasure and rectification in accordance with the GDPR.
Sec. 9 Applicable law, place of jurisdiction, severability clause, written form
(1) Contracts between the Supplier 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 person 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 Supplier shall be the Supplier’s place of business. However, the Supplier is also entitled to bring legal action against the Customer at the latter’s 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, within the limits of what is legally possible, most closely reflects in terms of place, time, extent and scope what was intended by the parties in economic terms according to the original sense and purpose of the invalid or unenforceable provision. The same applies to any loopholes in this contract.
(4) Any modifications or amendments to the contract concluded must be made in writing. This shall also apply to this written form clause itself. Verbal collateral agreements have not been made.
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.
Sec. 10 Retention of title under purchase contracts
(1) The Supplier retains the title to all goods delivered (goods subject to retention of title) until payment of all its 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 is drawn and acknowledged, as the retained property serves as security for the Supplier’s balance claims. The retention of title shall expire only upon payment of all claims of the Supplier.
(2) The Customer may resell the delivered goods subject to retention of title in the ordinary course of business as long as it is not in default of payment. At the time of the conclusion of the purchase contract, the Customer already assigns to Securatek as security the claims against its buyers to which it 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 its buyers. In the event that insolvency proceedings are instituted against the Customer's assets, the current account shall automatically end, with the balance surplus having already been assigned to the Supplier. If goods subject to retention of title are resold together with goods of other suppliers after processing, combining, intermixing or mingling, the advance assignment agreed above shall only apply in the amount of the invoice value of the Supplier’s goods subject to retention of title that are sold together with other goods.
(3) The Customer is entitled to collect claims from the resale until revocation by the Supplier, which is permissible at any time. The Supplier will only exercise this right in the event of default in payment or the filing of an insolvency petition against the Customer’s assets. At the Supplier’s request, the Customer is obliged to immediately inform its buyers of the assignment to the Supplier – unless the Supplier 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 goods subject to retention of title and to enter the Customer's premises for this purpose. The Customer is obliged to surrender the goods, waiving all defences.
(4) The Customer must notify the Supplier without delay of any compulsory enforcement measures by third parties against the goods subject to retention of title or the claims assigned in advance or any other impairment of the Supplier’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 Supplier as the manufacturer, without any obligations being thereby incurred by the Supplier. If the Supplier’s goods subject to retention of title are processed, combined, intermixed or mingled with goods not belonging to it, the Supplier shall acquire co-ownership of the new item in proportion of the invoice value of its goods subject to retention of title to the other processed goods at the time of processing, combination, intermixing or mingling.
(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, combined, intermixed or mingled 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 non-recourse factoring, the Supplier’s claims 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 Supplier 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 Supplier. The Customer undertakes to notify the factor of these assignments and to instruct the factor to pay only to the Supplier.
(8) As soon as the sum of the realisable 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 obliged to retransfer or release securities up to a cover limit of 110% of the secured claim at the Customer’s request.
(9) The Supplier’s goods subject to retention of title shall be insured by the Customer against fire, burglary, theft and water damage in the same way as its own assets. The insurance claims shall be assigned to the Supplier in the amount of all existing claims under the business relationship.
(10) Insofar as the Supplier is entitled to take back the goods subject to retention of title on the basis of the above provisions, the Customer is obliged to hand over the goods free of charge and carriage paid and to compensate the Supplier for any reduced value resulting from damage or improper handling or from additional transport. The Customer is also liable for the lost profit of the Supplier.
Sec. 11 Legal and material defects, liability, warranty under purchase contracts
(1) The Customer’s rights in respect of material and legal defects (including incorrect and short delivery or faulty assembly instructions) shall be governed by the statutory provisions, unless otherwise stipulated below.
(2) The Supplier's liability for defects is based above all on 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 catalogues or on its website) shall be deemed to be an "agreement on the quality of the goods" (Sec. 434 (1) sentence 1 BGB).
(3) In the absence of an agreement on quality, it shall be assessed according to the statutory provision whether or not a defect is present (Sec. 434 para. 1 sentence 2 and 3 BGB). However, the Supplier accepts no liability for public statements made by the manufacturer or other third parties (e.g. advertising statements).
(4) The Customer may only asset claims for defects if it has duly fulfilled its obligations to examine the goods and give notice of defects in accordance with Sec. 377 HGB. Goods subject to complaint may not be unloaded without the Supplier’s consent, otherwise they are deemed to have been accepted as free from defects. If a deviation in type only becomes apparent during or after unloading, the material shall be stored separately, otherwise the goods are deemed to have been accepted as free from defects. The Customer shall enable the Supplier to carry out a proper inspection of the defect without delay.
(5) If the delivered item is defective, the Supplier may initially choose whether to effect cure by remedying the defect (repair) or by delivering a defect-free item (substitute delivery). The Supplier’s right to refuse cure under the statutory conditions shall remain unaffected.
(6) The Supplier is entitled to make the cure conditional upon payment of the due purchase price by the Customer. However, the Customer is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.
(7) The Customer shall give the Supplier the necessary time and opportunity to effect cure, in particular hand over the goods in question for inspection purposes. In the event of a substitute delivery, the Customer shall return the defective item in accordance with the statutory provisions. The cure shall neither include the removal of the defective item nor its re-installation, if the Supplier was not originally obliged to install it.
(8) If a defect is actually present, the expenses required for the purpose of inspection and cure, in particular transport, travel, labour and material costs (not: removal and installation costs) shall be borne by the Supplier. Otherwise, the Supplier may demand from the Customer reimbursement of the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the absence of a defect was not apparent to the Customer.
(9) In urgent cases, for example if operational safety is jeopardised or to prevent disproportionate damage, the Customer has the right to remedy the defect itself and demand from Securatek reimbursement of the expenses objectively necessary for this purpose. The Supplier shall be informed without delay, if possible in advance, of such a self-remedy. The Customer is not entitled to remedy the defect itself if the Supplier would be entitled to refuse cure in accordance with the statutory provisions.
(10) If the cure has failed or a reasonable deadline for cure to be set by the Customer has expired without effect 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 is no right of withdrawal.
(11) Even if a defect is present, the Customer’s claims for damages or reimbursement of futile expenses shall be governed exclusively by Sec. 7 and shall otherwise be excluded.
(12) The Customer’s warranty claims in respect of 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; in that case, the statutory provisions shall apply. The one-year statute of limitations shall also 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 for the goods delivered by the Supplier only exists if this was expressly stated in the order confirmation or invoice for the respective item.
C. Special terms and conditions for rental contracts only
In addition to the terms and conditions set forth in section A, the following special terms and conditions shall apply to rental contracts.
Sec. 12 Start of the rental period, rental period and minimum rental period
(1) The start of the rental period shall be the point in time (calendar day and time) at which the delivery of the rental objects arrives at the Customer's premises. In the case of collection by the Customer, this shall be the time of collection.
(2) The rental objects are 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 3 p.m. of the following Wednesday, and likewise any subsequent rental weeks. The date and time stated on the delivery note or handover protocol in the case of collection shall apply. If no time is stated on the delivery note or handover protocol, 12 noon shall be deemed to be the relevant time.
(3) As a rule, the minimum rental period is one week. If a longer minimum rental period is specified for certain products in the offer or quotation, 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 stated in the order confirmation.
(4) An early return of the rental objects shall 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(s). It shall be extended by successive periods of one rental week. After the end of the first rental
week, the rental contract may be terminated at any time with a notice period of one week before the end of a rental week (cf. para. (2)).
Sec. 13 Delivery date
(1) As a rule, delivery dates stated by Securatek are non-binding, unless they have been expressly agreed as binding.
(2) The observance of a binding delivery date is subject to timely payment of a deposit by the Customer. Only then can the rental objects be packaged and handed over to the carrier. There must be at least six working days between the receipt of the deposit payment and a binding delivery date. If the Customer fails to make the deposit payment 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 recognised by the state at the place of delivery, the following working day shall take the place of such a day.
Sec. 14 Return at the end of the rental period, missing rental objects, cleaning
(1) At the end of the agreed rental period, the Customer shall return the rental objects to Securatek cleaned, complete and undamaged. The return transport shall be organised by the Customer at its own expense, unless otherwise agreed and stated in the order confirmation. The duration of the return transport counts towards the rental period, which is why the rental objects must be returned to Securatek no later than the last day of the rental period at the warehouse in Gladenbach.
(2) If rental objects are missing upon 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 been destroyed, 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 re-rentable condition without requiring cleaning by Securatek. If rental objects are returned uncleaned or insufficiently cleaned, Securatek will carry out the cleaning and charge the Customer based on the cost information provided in the offer or quotation. Soiled damaged plates will also be cleaned by Securatek to determine the extent of damage. The minimum price for cleaning work is EUR 3.30 net per square metre of cleaned surface.
(4) Follow-up costs and consequential damage arising from insufficient cleaning or non-cleaning of the rental objects, such as increased transport costs, shall be borne and reimbursed by the Customer.
Sec. 15 Damage to rental objects
(1) The Customer is obliged to inspect the rental objects for any damage immediately upon delivery or collection and inform Securatek in text form without delay of detected defects as well as quantity deviations. Putting the rental objects into use is equivalent to a confirmation by the Customer that no apparent defects were present at the time they were put into use.
(2) If damage to the rental objects occurs during the rental period, the Customer is obliged to report the damage to Securatek without delay and coordinate the further course of action with Securatek. The Customer acknowledges that its own repair attempts will regularly fail due to lack of special know-how and/or lack of special material or special tools. Such repair attempts may therefore increase the damage under certain circumstances.
(3) If the Customer returns a damaged rental object and 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 for the costs of the repair. 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, destroyed or can no longer be returned for other reasons and the Customer notifies Securatek of this, the Customer is obliged to pay Securatek an amount equal to 14/15 of the then-current net list price as compensation from this point in time. In return, the Customer is entitled to claim transfer of ownership of the damaged rental object upon request after payment and is released from the obligation to return it.
Sec. 16 Deposit, repayment of the deposit
(1) If requested by Securatek before conclusion of the contract, the Customer is obliged to pay Securatek a deposit in the agreed amount. In this case, the delivery is subject to payment of the deposit. 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. Notice of withdrawal must be given in writing or in text form.
(2) Securatek is entitled to set off the claim for repayment of the deposit against claims arising from and in connection with the rental contract (incl. cleaning costs) against the Customer.
(3) Securatek will repay the deposit to the Customer within 14 banking days after final settlement of the rental contract, provided that there are no more claims against the Customer arising from and in connection with the rental contract.
Sec. 17 Customer’s obligations, 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 the like 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 transfer or sublet the rental objects to third parties against payment or free of charge without Securatek’s prior written consent.
(3) The Customer must notify Securatek in advance of the first place of use of the rental objects. The Customer is entitled to transfer 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 permitted with Securatek’s prior consent and against payment of a deposit to be agreed separately.
Sec. 18 Customer’s claims for defects
(1) Unless otherwise stipulated above, the 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 obliged to first grant Securatek the possibility of subsequent delivery or cure within a reasonable period of time. A period of 14 days is deemed agreed as reasonable.
(2) The Customer’s liability claims and claims for damages against Securatek shall be governed by the provisions set forth in Section A of these General Terms and Conditions.
Sec. 19 Termination
Each party has the right to terminate the rental contract at any time with a notice period of one week before the end of a rental week or, if a rental period longer than one week has been agreed, before the end of this agreed rental period. Notice of termination must always be given in writing or in text form.
