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GTB

General Terms of Business
NSA Bewachungs- Detektei GmbH
Aredstraße 7/310
A-2544 Leobersdorf
Regional Court of Wiener Neustadt, FN 245641 m

 

1. Object of the contract
The General Terms of Business (GTB) are an integral component of the service contract concluded between NSA Bewachungs - Detektei GmbH and the client. The security services (property and personal security) to be provided by NSA Bewachungs- Detektei GmbH, the remuneration to be paid by the client for these services, and any additional contractual obligations of the parties are put in concrete terms in the service contract and if necessary are written down in the list of services. Should there be conflicts between individual provisions of the service contract and the GTB, the contents of the service contract are legally binding.

 

2. General execution of services
The services, if they are provided outside of the premises of NSA Bewachungs- Detektei GmbH and if they do not involve technical services, are provided by security personnel (personal and property security) in uniform or purposely not in uniform, who are equipped with the agreed technical aids. The checks agreed with the client are made at irregular intervals, if no other arrangement has been made, at each patrol round. In case of unforeseeable obstacles (traffic situation, weather, etc.) individual patrol rounds and the associated checks may be eliminated, without the client being able to claim loss of value. For personal security, each individual commission is considered the basis of execution of service.

 

3. Special procedural instructions
Services in permanent security service are provided according to the special procedural instructions agreed in writing NSA Bewachungs- Detektei GmbH and the client. The special procedural instructions are specified on a case-by-case basis and are an integral part of the contract. They are to be applied especially for personal security.

 

4. Keys and notices
The keys needed to provide services must be provided by the client in sufficient numbers, promptly, and at no cost. NSA Bewachungs- Detektei GmbH is liable within the framework of the liability provisions of these GTB for loss of and damage to keys and locks by its own personnel. NSA Bewachungs- Detektei GmbH is entitled to affix the usual notices with the NSA Bewachungs- Detektei GmbH logo on or in the client’s property for the duration of the service contract. At the end of the service contract, the notices will be removed at the expense of NSA Bewachungs- Detektei GmbH.

 

5. Complaints
The client must report complaints of all kinds related to the execution of services or other irregularities promptly to NSA Bewachungs- Detektei GmbH in order to remedy them. If they are not reported in time, no rights arising from such complaints may be claimed. If the complaints are about substantial violations that jeopardize the purpose of the contract, the client may terminate the contractual relationship immediately if he notifies NSA Bewachungs- Detektei GmbH immediately in writing and they do not remedy the problem within a short period – within one week at the most. This notification must be in writing.

 

6. Remuneration
The amount of the remuneration to be paid by the client for the services provided by NSA Bewachungs- Detektei GmbH is specified in the service contract. The remuneration is, unless other arrangements have been made, due immediately after billing. If payment of the agreed remuneration is delayed, NSA Bewachungs- Detektei GmbH is entitled to charge default interest of 10% p.a. on the amount to be paid. NSA Bewachungs- Detektei GmbH is entitled to adjust the remuneration by the percentage and at the time that is specified by the independent arbitration committee at the Federal Ministry for Economic Affairs or by an institution representing it. NSA Bewachungs- Detektei GmbH is also entitled to pass on extra costs to clients if the insurance premiums for liability insurance are raised by more than 5%.
If the client is in default of payment of the agreed remuneration, the NSA Bewachungs- Detektei GmbH is entitled, after granting a grace period of eight days, to terminate the contract immediately if the grace period expires without payment being made. The client is not entitled to offset counterclaims against the payment demands of NSA Bewachungs- Detektei GmbH.

 

7. Liability
NSA Bewachungs- Detektei GmbH is liable for personal and material damage that is caused by grossly negligent or intentional actions or omissions during or causally related to the provision of the agreed services by NSA Bewachungs- Detektei GmbH personnel. NSA Bewachungs- Detektei GmbH is not liable, i.e. neither toward the client nor third parties, not for slight or gross negligence or intent, for consequential damage, in particular for loss of profits, loss of earnings, loss of income, loss of production, loss of market shares, or loss of data. NSA Bewachungs- Detektei GmbH is not liable, i.e. neither toward the client nor third parties, not for slight or gross negligence or intent for damage to assets alone, that is damage not causally linked to prior material or personal damage. NSA Bewachungs- Detektei GmbH is not liable for damage caused by the client or his agents. This disclaimer does not apply in the event of any co-liability for the damage by agents of NSA Bewachungs- Detektei GmbH.
The liability of NSA Bewachungs- Detektei GmbH is limited to a maximum amount of EUR 1,000,000 for every individual case. This maximum amount is limited to the total material damage and all personal damage of the concrete individual case. In any case, the liability of NSA Bewachungs- Detektei GmbH is limited to two times this total for all damages within one calendar year. The liability of NSA Bewachungs- Detektei GmbH for material damage is limited to the market value at the time of the event.

The client shall indemnify NSA Bewachungs- Detektei GmbH and hold it harmless for third party claims for compensation for damages, if they (for every individual occurrence of damage) exceed the maximum amount of EUR 1,000,000 and if the claim is made directly by a third party against NSA Bewachungs- Detektei GmbH. For claims for compensation by third parties that are made by the third party against the client, NSA Bewachungs- Detektei GmbH is liable to the client (for every individual occurrence of damage) only up to the maximum amount of EUR 1,000,000. NSA Bewachungs- Detektei GmbH is not liable for damages due to force majeure, in particular not for damages from war or warlike events in times or peace or war, for damage from atomic, chemical, or biological weapons, whether in time of war or peace, for damage from demonstrations, riots, rebellion, revolution, civil war, strike, lockouts, illegal seizure of power and related actions, or for damage from nuclear reactors, radiation, or radioactive contamination. The client is obligated to report immediately after occurrence (possible knowledge of the event) in writing, at the latest within five working days (not including Saturdays, Sundays, and official holidays), any personal or material damage that the client has reason to think was caused by NSA Bewachungs- Detektei GmbH or otherwise risk the loss of the right to make a claim. Claims for compensation by the client must be made within three months after the occurrence of the event (possible knowledge of the event) in court, otherwise the right to make a claim will be lost. NSA Bewachungs- Detektei GmbH has taken out insurance with sufficient coverage for the liabilities assumed and will maintain this coverage for the duration of the contract. NSA Bewachungs- Detektei GmbH is entitled to terminate the contract without notice in the event the insurance coverage is refused or terminated and the client must be notified in writing immediately.

 

8. Interruption of service
NSA Bewachungs- Detektei GmbH is entitled to temporarily stop or modify the services to be provided if the provision of services is not possible or not to the agreed extent due to strikes, demonstrations, mandatory driving or entering bans, force majeure, or any other circumstances beyond the control of NSA Bewachungs- Detektei GmbH (e.g. epidemics, pandemics, etc.). The client may request a reduction of the agreed remuneration for the duration of the interruption of services.

 

9. Term of the contract
The contract period is agreed in the service contract. If the term of the contract is unspecified, the contract can be canceled by the contract parties by registered letter with three months’ notice to the last day of a calendar year. If ownership of a property under surveillance is transferred (sale, termination of a rental contract) the client may terminate the contractual relationship by registered letter giving one month’s notice to the last day of any calendar month. The contract may not be terminated merely because of change of location. In the event the location is changed, the services are to be continued at the new location. Immediate termination of the service contract is possible only for good reason (e.g. default of payment, unreasonableness of maintaining the contract, etc.). The statement of termination must be made by registered letter. The term of the contract is handled differently for personal security. Here, the length of the contract is arranged individually and is specified in the special procedural instructions.

 

10. Commercial protection regulations
The client is prohibited from hiring employees of NSA Bewachungs- Detektei GmbH for security services (personal and property security) or using their services during the term of the provision of service contract and/or for one year after the end of the provision of service contract. In the event of a violation of this protection provision, the client is obligated to pay NSA Bewachungs- Detektei GmbH a penalty amounting to eight times the last monthly fee paid by the client to NSA Bewachungs- Detektei GmbH for each individual violation. The contract penalty is not subject to moderation by the judge.

 

11. Confidentiality
The client and NSA Bewachungs- Detektei GmbH agree that the contractual relationship is confidential with respect to mutual security interests. The client and NSA Bewachungs- Detektei GmbH will therefore point out the need for confidentiality to their agents and if necessary, require them to agree in writing to maintain it.

 

12. Written form
Any changes or additions of the service contract and the general terms of business must be made in writing to be effective. This also applies to the agreement on waiving the need for written form. There are no side agreements except for any special procedural instructions.

 

13. Legal venue, applicable law
Legal venue is the responsible court for 2544 Leobersdorf. Austrian law shall apply exclusively to the contractual relationship. The rules on the UN Convention on the International Sale of (UN CISG) shall not apply.

 

Latest revision: October 2008

 

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