ISM Security
General
terms of delivery
ISM Security General terms of delivery for private individuals
security organisation (PBO) – Services
Article 1. Definitions
- Security Company:The Security Company, member of the Vereniging Erkende Beveiligingsbedrijven (Association of Recognised Security Companies), which has undertaken to provide the Services.
- Consumer:a natural person, not acting in the exercise of a profession or business.
- Services: the services provided by the Security Company to the Principal.
- Principal: any person with whom the Security Company enters into an Agreement, or for whom the Security Company provides goods or services.
- Agreement: the agreement between the Security Company and the Principal regarding the provision of the Services, in whatever form or under whatever title.
- Access means: all equipment needed to gain access to the locations where the Services are to be provided, including keys, keycards, drops, passwords and access codes and other login or access systems.
Article 2. Applicability
- These general conditions apply to all legal relationships between the Security Company and the Client, including all Agreements, offers, deliveries and legal acts of the Security Company and all Services.
- These general terms and conditions form an integral part of the Agreement. The Security Company reserves the right to change these General Terms and Conditions. Amendments shall take effect 30 days after announcement by Security Company. If Client does not wish to agree to the change, he shall be entitled to terminate the Agreement within two weeks after the announcement referred to in this article, without any right to compensation.
- Any purchase conditions or other conditions of the Client shall not apply and are expressly rejected.
- If any provision of these general terms and conditions is invalid or is annulled, the remaining provisions shall remain in full force. The void or annulled provision shall be replaced by a valid provision to be drawn up by the parties in all reasonableness, which shall have the same intended legal effects as far as possible.
- In the event that any provision of the (written) Agreement is in conflict with the provisions of these general terms and conditions, the provision of the Agreement shall prevail.
Article 3. Quotes and offers, conclusion and duration of the Agreement
- All offers and quotations, in whatever form, of the Security Company are without obligation, unless a term for acceptance is stated.
- If no period for acceptance is indicated, the offer expires in any case after 14 days.
- If the security company wishes to charge costs for giving a quotation, the Principal will be informed in advance.
- The Agreement is only concluded after written confirmation by the Security Company of the acceptance of the offer by the Client, or at the moment the Security Company starts to execute the Agreement.
- Unless otherwise agreed in writing or if the nature of the service dictates that it is a one-off service, the Agreement shall be entered into for a definite period of time, with a term of 12 months.
Article 4. Execution of the Agreement
- The Security Company shall perform the Agreement and Services as a good principal, to the best of its knowledge and ability, based on the information provided by the Principal, in accordance with the statutory regulations and the rules of conduct of the Private Security Organisations of the Vereniging Erkende Beveiligingsbedrijven (Approved Security Companies Association).
- Special requirements and wishes set by the Client for the Services must be reported by the Client in writing before the Agreement is concluded.
- The Security Company only undertakes obligations to perform to the best of its ability and does not guarantee or warrant that the intended or agreed goal will be achieved. Nor does the Security Company guarantee the safety of the objects and persons secured by it and does it provide any guarantees with regard to the absence of circumstances and causes of damage – including but not limited to fire, destruction, burglary, theft, loss, injury, threat or death – and the associated (damage) consequences, which the Services are attempting to limit or prevent.
- The Security Company has the right to engage third parties for the performance of the Agreement and Services at its own discretion.
- The Security Company shall determine the manner in which the Services will be provided in order to achieve the intended objective. Contractor is not obliged to follow instructions of Principal which have not been agreed upon or which may prejudice the achievement of the intended purpose. If, during the execution of the Agreement, the Client gives instructions to the Security Company that have not been agreed upon in writing in the Agreement and that lead to a change and/or influence on the Services, then the Client is solely responsible for all consequences arising from these instructions and must indemnify and hold harmless the Security Company against them. The Client is not obliged to perform the Services outside the agreed locations.
- The Client shall make every effort to enable and promote a proper execution of the Agreement. The Client shall ensure, at its own expense and risk, that all information, permits, means of access, facilities and other resources which the Security Company has indicated are necessary for the performance of the Agreement, or which the Client should reasonably understand are necessary for the performance of the Agreement or the provision of the Services, are made available to the Security Company in good time. Translated with www.DeepL.com/Translator (free version)
- The Client undertakes to give the Security Company the opportunity to perform the Agreement under conditions that meet the statutory safety requirements and other applicable regulations. The Client shall ensure that all information and (auxiliary) materials, which the Security Firm indicates are necessary or which the Client should reasonably understand are necessary for the performance of the Agreement, are provided to the Security Firm in good time. If the Client fails to meet this obligation in time, the Security Company will be entitled to suspend performance of the Agreement and/or to charge the Client for extra costs resulting from the Client’s negligence, including costs incurred by the Security Company itself in obtaining those resources, at reasonable rates.
- If Security Company provides Services in or near the object within the scope of the Agreement, Client shall provide the facilities desired by Security Company. These facilities shall in any case include means of communication, sufficient heating, lighting, power supply, toilet facilities, telephone, fire extinguishing equipment and first aid equipment. The costs for this shall be borne by the Client.
- All equipment, software, tools, Access Points, materials and/or documents supplied or made available by the Security Company shall at all times remain the property of the Security Company, unless otherwise agreed in writing.
- If it has been agreed that the Agreement will be performed in phases, the Security Company cannot be obliged to perform a subsequent phase until the previous phases have been approved by the Customer and paid for, if one or more separate invoices have been sent for that phase.
- If the performance of the Services is delayed due to circumstances for which the Client is responsible, the Security Company can recover the damage resulting for it from the Client.
- The Client is responsible for the correctness and completeness of all the information and implementation instructions it provides to the Security Company.
- The Client bears the risk for damage related to all plans, designs, constructions, materials, auxiliary persons, suppliers, implementation instructions and designs or security plans of the Security Company approved by it.
- In the event of loss, damage or dysfunction of Access Means used by the Security Company, the Security Company shall notify the Client thereof as soon as possible. Client shall, at his own expense and risk, ensure any replacement of the locks, replacement or blocking of the access systems and/or Access Means, as well as providing the Security Company with new Access Means.
- Checks or visits following an alarm notification are always at the expense of Customer, regardless of the cause of the alarm notification.
- If the Security Company discovers a criminal offence, it will report this to the Principal. Principal is authorised to report this criminal offence. The Security Company reserves the right to make a report itself if failure to do so could result in damage to the Security Company or if, by failing to make a report, the Security Company could itself commit a criminal offence. The Security Company shall make the report under the responsibility of the Client. The Security Company can never be held liable for damage suffered by third parties or the Client as a result of the declaration. The Client shall indemnify the Security Company against all claims in that respect.
- Costs which the client incurs independently and/or with the cooperation of third parties in order to investigate or discover a (possible) criminal offence or facts, cannot be charged to Het Beveiligingsbedrijf unless Het Beveiligingsbedrijf has given its prior written consent.
- If the start and progress of the Services is delayed due to circumstances for which the Client is responsible, the Security Company can recover the resulting damage from the Client.
Article 5. Amendment of Agreement
- If, during the performance of the Agreement, it appears that for a proper performance it is necessary to amend or supplement the Agreement, including changing the circumstances or the risk profile of the persons or objects to which the activities of the Security Company relate, the Security Company and the Principal will discuss the matter.
- An amendment or addition to the Agreement may affect the time of completion of the Agreement. The Security Company will inform the Principal of this. In that case, the Client can no longer rely on the originally agreed delivery period.
- The Security Company is authorised, if the extra work or less work resulting from the amendment or supplement to the Agreement has financial consequences, to pass these on to the Principal. The Security Company will inform the Principal of this in advance.
- Settlement of additional or less work shall take place on the final invoice.
- The Security Company is not authorised to charge costs for additional work if the cause of the additional work lies in circumstances for which the Security Company can be blamed.
- The Security Company is authorised to pass on to the Principal any cost-increasing circumstances on which a statutory provision is based.
Article 6. Delivery time and completion of the Agreement
- The Security Company will make every effort to complete the Agreement within the specified period or time. An agreed period, time period, start date or end date is not a deadline, unless explicitly agreed otherwise. In the event of late delivery, the Principal must therefore give the Security Company written notice of default and set a reasonable term for performance.
- If required, the Security Company will inform the Principal about the completion of the performance of the Agreement. The Client is deemed to have accepted the performance of the Agreement, or the result of the activities of the Security Company. 1) when he declares this to the Security Company, or 2) if he does not object in writing within 2 working days after the execution of the Agreement has been completed, with an indication of the work still to be done.
Article 7. Prices and payment
- All prices stated by the Security Company in quotations, offers or Agreements are exclusive of taxes, including turnover tax (VAT), and other government levies, unless stated otherwise. The prices quoted in the offers to Consumers are inclusive of VAT, unless otherwise indicated.
- The Security Company is at all times entitled to pass on to the Customer cost-increasing circumstances on which a legal provision is based, or cost increases that are the result of circumstances outside its sphere of influence or because of an increase in purchase prices. The Client is not entitled to terminate the agreement prematurely as a result of these increases. If the price increase takes place within three months of entering into the Agreement, the Client, who is acting as a Consumer, is entitled to terminate the Agreement within 30 days of being informed of the adjustment in question by the date on which the adjustment takes effect, unless the Security Company withdraws the announced adjustment as a result, in which case the Agreement continues on the original terms.
- Payment shall take place without discount, suspension or settlement. Payments made by the Client shall always serve in the first instance to settle all interest and costs due, and in the second instance to settle due and payable invoices which have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
- The Security Company and the Principal may agree that the work, or the supply of products or services, will be performed on the basis of subsequent calculation. In this case, the Security Company shall inform the Principal in advance of the hourly rate to be applied and the estimated material costs. Failing that, a reasonable hourly rate and reasonable material costs shall apply.
- Unless otherwise agreed, the Security Company may, at its own discretion, charge for the work performed by means of advance, interim and final invoices.
- Payment of the advance invoices submitted by the Security Company must take place before the start of the performance of the Agreement. Payment of other invoices shall take place within 30 days of the invoice date. Objections to the amount of the invoice do not suspend the payment obligation.
- The administration of the security company is full proof of what the Principal owes the security company, unless the Principal provides evidence to the contrary.
- If the Client fails to pay the amounts due on account of the Agreement on time, the Client shall owe the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code on the amount due, without a reminder or notice of default being required and without prejudice to the other rights of the Security Company. The Client, acting as a consumer, shall owe the statutory interest pursuant to Section 6:119 of the Dutch Civil Code. In addition, the Client is obliged to reimburse the Security Company for the judicial and extrajudicial collection costs incurred.
- The following applies to the amount of the extrajudicial (collection) costs:
– insofar as the Principal acts as a Consumer, the Security Company is entitled to an amount equal to the statutory maximum permitted compensation of extrajudicial collection costs, as stipulated in and calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten), insofar as the outstanding amount – after the default has commenced – is not paid by the Security Company within fourteen days after the day following the day of the reminder;
– insofar as the Client does not act as a Consumer, the Security Company, in deviation from article 6:96 paragraph 5 of the Dutch Civil Code and also in deviation from the Compensation for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten), makes a claim for compensation and payment of the extrajudicial (collection) costs, which will be determined as follows:
– over the first Euro 10,000: 15%;
– over the excess up to Euro 25,000: 10%;
– for the excess up to Euro 50,000: 5%;
with a minimum of Euro 250.
If the Security Firm can demonstrate that it has incurred higher costs, these will also qualify for reimbursement.
Article 8 Liability
- The Security Company is liable towards the Principal only for direct damage, which is the result of intent or conscious recklessness on the part of the Security Company or its employees, and is at all times limited to the liability and damage covered by the current liability insurance of the Security Company.
- The Security Company shall never be liable for damage in the following cases:
- the damage-causing fact was already perceptibly present during the performance of the Agreement and Client did not report this at that time;
- the damage is the result of incorrect use or insufficient maintenance of the object to be secured by the Client;
- deviation from the security plan, instructions or directions given, without the consent of the security company;
- the Principal gives the Security Company insufficient opportunity to remove the cause of the damage.
- If the Security Company is liable, that liability shall at all times be limited to direct and material damage which is exclusively the result of an attributable failure on the part of the Security Company to comply with the obligations laid down in writing in the Agreement, and the Client has given the Security Company timely notice of default in which the Security Company is given the opportunity to rectify the failure.
- Under no circumstances shall the Security Company be liable for any form of indirect or consequential damage, including but not limited to damage caused by delay, loss of turnover or profit, missed savings, business interruption, loss of capacity or deployment of people or means of production and business closure.
- Damage must be reported in writing to the security company by Principal within 14 days of discovery, but no later than within 30 days of delivery, on penalty of forfeiture of the right to compensation and all other claims. Any liability shall in any case lapse three months after delivery of the products or services to which the damage relates, unless the damage has been reported validly and in good time in accordance with these conditions.
- The liability of the Security Company shall at all times be limited to the amount of the invoice, excluding VAT, for the delivery to which the damage relates, but with a maximum of EUR 20,000 per event or related events and a maximum of EUR 60,000 per year. Without prejudice to the foregoing limitations, the liability for damage shall in any case be limited to the amount actually paid out by the Security Company’s insurer.
- The Security Company is not liable for damage if 1) the Security Company had to perform its work without an approved security plan, or 2) the damage is the result of incorrect information provided by the Client, 3) deficiencies that have arisen in the transmission or transfer of data and Access Means, 4) loss or theft of Access Points, or 5) problems with reaching the contact persons specified by the Client.
- The Client will indemnify and hold harmless the Security Firm from and against all claims by third parties (including claims by employees of the Security Firm on account of violation of Sections 7:611 and 7:658 of the Dutch Civil Code) relating to the performance of the Agreement and damage which may be caused to the Security Firm and which, by virtue of these General Terms and Conditions, is for the account of the Client.
Article 9. Force majeure
- If the performance of the Agreement is delayed or impeded as a result of force majeure, the Security Company is entitled to suspend the performance of the Agreement or to terminate the Agreement by means of a written statement, without any obligation to pay damages.
- In these general conditions force majeure is, in addition to what is understood in the law and jurisprudence, understood as all external causes, foreseen or unforeseen, over which the Security Company has no influence, but which prevent the Security Company from fulfilling its obligations, including but not limited to strikes, illness of staff members, labour disputes, power, computer, telephone and fax failures, malfunctioning of alarm systems, unusual traffic or weather conditions, failures by third parties, including suppliers and subcontractors, who have been called in by the Security Company for the performance of the Agreement, and all obstructions caused by third parties or government measures.
- The Security Company shall be entitled to suspend its obligations under the Agreement during the period of force majeure. The Security Company is not liable to pay any compensation to the Principal if it has been unable to perform, to perform properly or to perform on time due to force majeure. If this period lasts longer than two months, the parties are obliged to enter into consultations as soon as possible regarding a reasonable solution to the situation that has arisen.
Article 10. Intellectual property
- The rights of intellectual property to all documents such as drawings, images, technical descriptions and designs that have been created within the framework of an offer, quotation or the Agreement rest with the Security Firm. The Client is not permitted to reproduce, publish or provide these documents to third parties without the written consent of the Security Company.
- If an offer or quotation does not lead to an Agreement, the Client must return or destroy all documents pertaining to that offer or quotation at the first request of the Security Company.
Article 11. Certainty
- If, after entering into the Agreement, the Security Company cannot reasonably trust that the Client will comply with its payment obligation in full and on time, the Security Company may demand security from the Client for all its existing and future obligations. As long as the security has not been provided, the Security Company is authorised to suspend performance of the Agreement and/or, after the Client has been given notice of default, to dissolve the Agreement.
- All goods delivered or made available to the Client by the Security Firm within the framework of the performance of the Agreement shall remain the property of the Security Firm until the Client has fulfilled all its obligations vis-à-vis the Security Firm, including payment of all amounts due or to become due during the term of the Agreement, as well as any default interest and/or collection costs.
Article 12. Data and confidentiality
- The Security Company registers and saves personal data of the Client. By giving the order to the Security Company, the Client thereby gives its explicit consent to the processing of the Client’s personal data. By giving the order to the Security Company, the Client thereby gives its explicit consent to the processing of the Client’s personal data.
- All personal details that the Security Company receives from the Principal or collects itself when executing the Agreement, are subject to an obligation of confidentiality towards third parties. The Security Company will not use this information for any purpose other than that for which it was obtained, unless it is in such a form that it cannot be traced back to those involved. This duty of confidentiality does not apply:
– insofar as the Client has given its express consent to provide the information to third parties;
– if providing the information to third parties is logically necessary for the performance of the Agreement;
– if there is a legal obligation to provide the information to a third party; or
– if personal data are provided to third parties in their capacity as sub-processors. - The Client gives the Security Company the right to communicate messages to her and third parties in a digital manner, being aware that the confidentiality of the information sent in this way is not or cannot be fully guaranteed.
- The Security Company, the Principal as well as third parties called in by one of the parties within the framework of the assignment are obliged to keep all confidential information they have obtained from each other or from another source within the framework of the Agreement secret. Information is deemed to be confidential if the other party has indicated this or if this follows from the nature of the information, which in any case includes the security plan, service schedules and instructions from the Security Company with regard to the Services.
- The Client acknowledges that access to and dissemination of personal information of itself or its employees, representatives or affiliated parties may be necessary in the interest of the proper provision of services as set out in this Agreement. The Client shall indemnify the Security Company against any third-party claims related thereto.
Article 13. Termination and suspension
- 1. Without prejudice to the provisions of these General Terms and Conditions, an Agreement for an indefinite period of time may only be terminated subject to six (6) months’ notice.
- A fixed-term agreement may not be terminated prematurely and may only be terminated at the end of its term subject to three (3) months’ notice. In the absence of timely termination, the Agreement shall be continued for the same period and under the same conditions until it is validly terminated. In deviation from the above, for a Client acting as a consumer the Agreement shall end by operation of law at the end of the term of the Agreement. If the Agreement is subsequently tacitly continued, it shall be valid for an indefinite period of time and may be terminated at any time by registered letter, subject to six (6) months’ notice.
- The Security Company is, among other things, entitled to suspend the performance of the Agreement or to terminate or dissolve the Agreement with immediate effect free of charge, all this without prejudice to the Security Company’s right to claim damages, if:
The Principal is declared bankrupt or a request for bankruptcy has been filed, the Principal has been granted a (temporary) suspension of payment or has been admitted to debt rescheduling pursuant to the Dutch Natural Persons Debt Rescheduling Act; the Principal does not meet the obligations arising from the Agreement, or does not meet them on time or in full; after entering into the Agreement, circumstances come to the attention of the Security Company which give good reason to fear that 1) the Client will not fulfil its obligations, or 2) the Security Company cannot perform the Agreement as a good contractor;
- after entering into the Agreement, there is such a change in circumstances that Security Company is no longer willing or able to perform the Agreement, or no longer under equal conditions;
- upon entering into the Agreement, the Security Company asked the Principal to provide security for the performance and this security is not provided or is insufficient;
- the insurance cover of the Security Company with regard to the Agreement or Services is cancelled or drastically changed for any reason whatsoever;
- there is a change in the legislation and regulations with far-reaching consequences for the obligations of the Security Company under the Agreement.
- Upon termination of the Agreement, all claims of the Security Company on the Principal shall become immediately due and payable, the Principal shall be obliged to immediately return all goods not yet paid for, and the Security Company shall be entitled and is hereby irrevocably authorised by the Principal to gain access to the premises and buildings of the Principal, with or without use of the Means of Access, to enter these and to take possession of the goods concerned.
- The Client is only entitled to dissolve the Agreement in the event of an attributable shortcoming by the Security Company that justifies dissolution and the Security Company is in default after prior notice of default by the Client.
- If circumstances arise concerning persons and/or material which the Security Firm uses or tends to use in fulfilling the Agreement, or the circumstances concerning persons or objects which the Security Firm’s work involves, which are of such a nature that fulfilment of the Agreement becomes impossible or so objectionable and/or disproportionately expensive that fulfilment of the obligation under the Agreement can no longer be reasonably required, the Security Firm is authorised to terminate the Agreement with immediate effect.
Article 14. Applicable law and disputes
- The Agreement between the Security Company and the Principal, including the conclusion and performance thereof and any disputes relating thereto, shall be governed exclusively by Dutch law.
- All disputes between the Security Company and the Principal shall exclusively be submitted to the Dutch court in the district where the Security Company has its registered office, or – if the Principal is a Consumer – the district where the Principal has its registered office.
Special services
Article 15. Emergency centre
- The alarm centre service is a service in which the designated alarm centre receives and processes reports from specific security equipment in order to subsequently alert the authorities and/or persons in accordance with the Agreement and/or written instructions by Principal.
- The Security Company will, as much as possible, follow the order given in writing by the Client, but is not bound to do so. The Security Company is not responsible for the accessibility, actions, omissions or other (adequate) intervention by the alerted persons and/or (government) bodies.
- If the report gives cause to do so, at the discretion of the Security Company, the Security Company is entitled to investigate the situation on site at the expense of the Client, exclusively if and insofar as this forms part of the Services.
- The Security Company has the right to store data originating from the Client in a digital database, or to have this stored. Upon the Client’s written request, the Security Company will send an up-to-date overview of the data registered in the database.
- If the signals registered by the alarm centre deviate from the alarm system and/or the Client, the data of the alarm centre used by the Security Company will be decisive.
- Partly in order to prevent unnecessary alarm notification to the police and/or other government authorities, the Security Company is entitled to first verify an alarm notification with the Customer. In the event of more than 5 needless alarms, the Security Company is entitled to charge an amount of € 25,00 excluding VAT for each needless alarm, or, after a written warning, to terminate the Agreement with immediate effect.
- Principal is responsible for the installation of an alarm system that is suitable to be connected to the alarm centre of the Security Company, the maintenance of the connection, the timely switching on and off of the alarm system and the use of the alarm system in accordance with the instructions/operating manual.
- The Client shall be responsible for instructing third parties (including its employees) who, with a view to the correct performance of this Agreement, must be familiar with the operating instructions for the alarm system and the procedure to be followed in the event of an alarm.
- The Security Company is not responsible for the consequences of faults or defects in the alarm system, the alarm centre and/or the connection, for whatever reason.
- The Client shall be obliged to grant the Security Company access to the object in order to perform necessary work on the alarm system.
- The alarm centre service only has the function of signalling and does not guarantee Customer the prevention or absence of damage-causing causes.
Article 16 Video monitoring service
- The video observation service is a service in which the Security Company undertakes to verify an alarm report that arrives at the video observation centre by attempting to establish a connection with the recording equipment installed at the Principal’s location, in order to subsequently alert the authorities and/or persons in accordance with the Agreement and/or written instructions from the Principal.
- The provisions of articles 15.2 to 15.11 of these terms and conditions apply – mutatis mutandis – to the video-conservation service.
- In the case of preventive camera surveillance, the Security Company carries out preventive surveillance via a video link to the object to be secured, in accordance with a time schedule agreed with the Principal beforehand.
- The image quality of the video images may vary, as a result of which the Security Company cannot guarantee correct and/or complete observation.
Article 17. Shopping service
- The messenger service is a service in which the Security Company undertakes to pass on a message received at the switchboard, or to pass on a call, to the agreed persons in accordance with the Agreement and/or written instructions from the Client.
- The provisions of articles 15.2 to 15.11 of these terms and conditions apply – mutatis mutandis – to the shopping service.
- The Security Company is only obliged to pass on messages. The Security Company will not respond to requests for information or comments and will not handle complaints. The Security Company shall not be liable for any damage in connection with the inaccessibility of the persons specified.
- If the actual number of messages to be passed on, measured over a period of three months, turns out to be higher than agreed, the Security Company will charge for the number of extra messages, in proportion to the fee for the agreed number of messages.
- The Client is responsible for ensuring that the Client’s telephone is forwarded to the Security Company’s switchboard, or that callers contact the Security Company’s switchboard between the agreed times via the designated telephone connection or number.
Article 18. Alarm response and mobile surveillance service
- 1. The mobile surveillance service is a service in which an employee investigates on site in response to an alarm or other report, or – if so agreed – as a result of his or her own observation or assessment of the circumstances or situation. The surveillance service may also consist of opening and/or closing an object and/or carrying out preventive inspection rounds, if so agreed.
- The Services will not cover disputes or conflicts between the Client and third parties. The Security Company is not obliged to expose itself to violence or violent circumstances.
- The provisions of articles 15.2 up to and including 15.11 of these terms and conditions shall – mutatis mutandis – apply to the alarm monitoring and mobile surveillance service.
- The Security Company shall not be liable for delays in the performance of the Services caused by external circumstances, such as traffic or weather conditions.
- If the Client is not connected to the alarm centre of the Security Company, but to an external alarm centre, the Security Company shall never be responsible or liable for the functioning of that external alarm centre and the incorrectness of the information provided by that external alarm centre. The external alarm centre is responsible for the registration and mutation of the warning addresses and action patterns and ensures that the persons specified by Customer are contacted. In the event that registration and mutation do take place through the alarm centre of the Security Company, the provisions of articles 15.2 up to and including 15.11 of these conditions shall apply.
- A needless check shall, irrespective of the cause, be considered as an alarm follow-up and be charged to Customer. If the Security Company Security Supervisor has to come to an object at the request of the Client, while there is no alarm notification, the Client may also be charged for an alarm follow-up.
- The Security Company’s inspections or visits to a property may be part of a round that also includes inspections of properties of other clients, in order to keep the cost of security to a reasonable level. The Security Company may be forced to investigate another object urgently or to provide assistance, as a result of which the inspection of the Client’s object may be occasionally delayed, interrupted or skipped. The Security Company is not liable for any damage suffered by the Client as a result of such an impediment.
- The Security Company shall not be liable for any delays in opening and closing of the object due to unforeseen circumstances, such as unusual traffic or weather conditions.
Article 19. Object Security
- Object security is a service in which the Security Company undertakes to secure an agreed object in accordance with the Agreement and/or written instructions from Principal.
- The provisions of articles 15.2 through 15.11 and 18.4 through 18.8 of these conditions apply – mutatis mutandis – to object security.
- The Security Company will make the required employees available in accordance with a schedule agreed with the Client. Additional hours will be charged to the Client separately. For a short shift (less than three hours) at least three hours will be charged.
- If, at the request of the Client, the Security Company supplies fewer hours than provided for in the schedule, this will not lead to a reduction in the price.
- The Security Company will comply with the regulations and/or house rules applicable to the object, in so far as the tasks to be performed by the Security Company permit this.
Article 20. Object Security
- If the Security Company is called in to provide other security services, the Security Company can only be held liable for compliance with the services agreed upon in writing or instructions given in writing and accepted by the Security Company from the Principal.
- Unless otherwise agreed, the Client shall owe a reasonable compensation for the other services over the entire duration of the services provided (based on hours worked) and for the expenses incurred by the Security Company. If work is carried out outside the usual office hours or working days, or in the event of overtime, the surcharges applicable at the Security Company shall be applied.
- In principle, the Security Company invoices on the basis of completed time sheets. The Security Company is entitled, but not obliged, to request the Client to sign the time sheets for approval. If the Client refuses to do so, the Security Company has the right to determine the number of hours worked by the employees itself in accordance with the statement of the employees or, in the absence of such a statement, to determine the agreed duration or, at the discretion of the Security Company, to reasonably estimate it.
- The Client must guarantee that the objectivity and/or integrity of the Security Company will be guaranteed, failing which the Security Company is entitled to terminate or dissolve the Agreement immediately without notice of default.
- If agreed, the Security Company will report the results of the Services to the Client at the conclusion of the performed assignment.
