|A. Scope of Application
1. All services and offers made by Video Guard Denmark ApS, International Security GmbH, (hereinafter jointly referred to as the “Video Guard Denmark ApS” or “VGD“) are exclusively subject to these General Terms and Conditions (hereinafter referred to as “GTC“). These are an integral part of all contracts that VGD concludes with its contractual partners (hereinafter: “Customer“) regarding the services offered by VGD. They shall also apply to future services or offers to the customer, even if they are not agreed separately again.
2. Conflicting or deviating terms and conditions shall not apply unless VGD has expressly agreed to their validity. These General Terms and Conditions shall also apply if VGD, being aware of conflicting or deviating terms and conditions, unconditionally renders the services owed by VGD.
3. Services rendered by VGD, fees rendered by the customer for these services as well as any contractual ancillary obligations of the contracting parties are specified in the service contract, in particular in the list of services.
4. VGD is entitled for the provision of services in whole or in part, to use the services of other companies who hold the respective business license, e.g. in accordance with Danish Trading Code.
B. Contract Content
1. Pre-contractual information, in particular offers, descriptions, cost estimates, are subject to change without notice unless expressly agreed otherwise. Information, specifications in brochures, leaflets and application notes are for informational purposes only. Unless otherwise agreed, they shall not become part of the contract.
2. Contractual amendments and verbal side agreements are only effective with written confirmation.
3. VGD reserves the right to make technical adjustments and changes in the selection and functioning of its monitoring devices, means of communication and communication channels, insofar as these are reasonable for the customer.
4. VGD is also entitled to provide partial services that can be used independently by the customer.
C. General services of personnel security services
1. These services are performed by uniformed security personnel equipped with the agreed technical aids
2. Area patrols are carried out at irregular time intervals within each tour, as far as no contrary agreements exist.
1. In individual cases, the written service/alarm instructions alone are decisive in respect of security services provided. The customer service/alarm instructions contain the more detailed provisions with respect to tours, inspections and other services. Changes and additions to the service/alarm instructions require an agreement in text form. Insofar as unforeseeable emergencies require it, planned inspections, tours and other services may be dispensed with in individual cases.
2. If the customer does not comply with his obligation to cooperate in the preparation of the service/alarm instructions before the start of the personnel service, VGD will provide the service in a manner it deems appropriate. The customer may not derive any rights from any damages arising from this. This shall also apply if the service contents change too such an extent that they are no longer covered by the usual business liability insurance in the security industry. For damages that occur up to the time of a signed instruction, it is assumed that the client is responsible for cause of damage. The client is granted the right to prove to the contrary.
E. Keys, Signage and Emergency Addresses
1. Relevant keys required for the service must be provided by the customer, free of charge.
2. VGD is liable for loss of keys and for damage to keys caused intentionally or negligently by service personnel within the scope of the Lit. I of these GTC.
3. The customer guarantees they will not hand over any general or master keys to VGD unless this is absolutely necessary for the fulfilment of services. VGD is therefore only liable for the damage that would have been caused by the loss of keys necessary for rendering services.
4. VGD is entitled to attach advertising to building fences, vehicles or surveillance technology for its own purpose. The customer is obliged to tolerate this, as far as the contractual use of the rental equipment is not affected.
5. The Customer shall provide VGD with the addresses which may also be notified by telephone at night in the event of a risk to the Object. The VGD must be informed immediately of any changes of address. In those cases in which VGD has to carry out alarm tracking via connected alarm systems, the customer determine the order of notification.
1. Complaints of any kind or other irregularities relating to the rendering of services must be reported to VGD immediately in text form for the purpose of remedy. In the event of late notification, rights arising from such complaints cannot be asserted.
2. If the breaches are substantial and endanger the purpose of the contract, the customer may terminate the contractual relationship without notice, if he immediately notifies VGD in writing and does not take remedial action within a reasonable period – at the latest within seven working days.
3. The customer must notify VGD of any changes in the security situation and coordinate these with us. If the customer fails to make such a notification or to agree, he loses all liability claims.
G. Remuneration Fees
1. The amount of fees payable by the customer for services rendered by VGD are agreed in the service contract.
2. The prices quoted by VGD are exclusive of statutory value added tax, even if this has not been expressly stated.
3. In the event of a change to or the new introduction of statutory taxes, levies, insurance premiums, vehicle operating costs, freight costs, wage costs and ancillary wage costs, in particular as a result of the conclusion of new wage, master or other collective agreements, which lead to an increase in the costs of agreed services, VGD shall be entitled to change the remuneration fee by the amount wage costs, ancillary wage costs and other aforementioned costs, plus the statutory taxes and levies applicable at the time have changed. The price increase shall indicate which costs have risen and to what extent and what significance this cost increases has for the cost calculation. Cost increases for individual cost components can only be passed on to the extent that they are not offset by price reductions for other cost components. The price increase shall come into force at the beginning of the month if it has been notified to the customer by the third working day of the preceding month, with disclosure of the cost calculation and proof of the changed cost items.
4. If one of the parties demands a price adjustment, the other party shall have a special right of termination with a period of notice of two weeks to the end of the month if the price increase or price reduction exceeds or falls short of 10% of the previously agreed price.
1. Unless otherwise agreed, payment is due immediately after invoicing.
2. In the event of default of payment by the customer, interest shall be charged in accordance with Danish Civil Code subject to the assertion of further damages.
3. If the customer is in arrears with a payment in whole or in part for more than five working days, if he allows checks or bills of exchange to be protested or if VGD becomes aware of circumstances which are likely to reduce the creditworthiness of the Customer, VGD may, without prejudice to other rights, declare all claims immediately due and payable. VGD is also entitled to withhold all deliveries and services from not yet or not completely fulfilled contracts.
4. Payments with debt discharging effect can only be made to VGD itself.
Checks, bills of exchange and other securities shall only be accepted if honored. Discounts and exchange charges shall be borne by the customer and are due immediately.