Monoma Nederland B.V. Noord Brabantlaan 2 5651 LX Eindhoven Tel: +31 88 226 3517 email@example.com
KvK: 16086731 BTW-nummer: NL 8070 8304 5B01 ING: 188.8.131.529
Managing director authorised to represent the company: J.v.Gestel Responsible for the content: J.v.Gestel
TABLE OF CONTENTS
Article 1 General
Article 2 Termination
Should the client wish to withdraw the power of attorney, he must inform Monoma Deutschland GmbH in writing, taking into account a notice period of at least five weeks.
Article 3 Dissolution
If the client does not fulfil an obligation arising from this contract subject to these terms and conditions, not properly or not in time, as well as in the event of insolvency, judicial suspension of payment, closure or dissolution of the client's company, it is true that he is in default by law and Monoma Deutschland GmbH has the right, without prejudice to its claim for supplementary damages, at its own discretion, either suspend the execution of all contracts concluded with the service provider and/or the client without further notice of default or dissolve these contracts in whole or in part, without Monoma Deutschland GmbH being obliged to provide any damages or a guarantee. In these cases, any claim that Camelot Deutschland GmbH has or will have against the client is due immediately and at once.
Article 4 Maintenance
Article 5 Price change
Specified remuneration is only binding if this is clearly visible. In all other cases, they shall be deemed to be non-binding price indications. If any official measure introduces or changes cost-increasing taxes, duties or fees, Monoma Deutschland GmbH has the right to pass on these changes, even if it has been agreed that the remuneration has been fixed. At the beginning of a calendar year, the parties may request in writing an adjustment of the above-mentioned remuneration rates if the consumer price index for Germany published by the Federal Statistical Office with base year 2010 (hereinafter referred to as "price index") has increased or decreased compared to the status at the time of entry into force of this contract or at the last adjustment of the remuneration rates in accordance with this contract. The price increase is based on the percentage increase in the price index.
Article 6 Payment
The period for the requested remuneration begins at the time when the service provider is entitled to conclude a contract.
The requested remuneration must be received no later than two weeks after signing the contract.
The client will receive an (electronic) invoice for confirmation.
If the client does not fulfil his payment obligation, does not fulfil it on time or not in full, the client must pay Monoma Deutschland GmbH interest in the amount of the bill of exchange discount plus 1% for all late payments from the due date. The client must then also pay the processing and recovery costs, which in principle amount to 15% of the principal sum owed, unless the actual costs are higher. In this case, the actual costs will be charged.
Should proceedings be brought against the client, the client must also pay the judicial costs, even if these costs exceed the applicable liquidation rate or the amount allocated by the court in the course of the judgment of legal costs.
If the client is in default with the timely payment of a due claim based on a contract with Monoma Deutschland GmbH, Monoma Deutschland GmbH has the right to terminate all contracts concluded with the client or, if desired, to suspend its services and work until the payment in question has been made. For further services and work, Monoma Deutschland GmbH may then demand cash payment or sufficient security.
Article 7 Liability
Article 8 House guards
Article 9 Annexes/Information
Article 10 Determination of criminal offences
If personnel of Monoma Deutschland GmbH discover a criminal offence, this will be reported to the client immediately. The decision to file a complaint for this offence shall be taken by the contracting authority. The staff of Monoma Deutschland GmbH will only file the complaint on request and under the responsibility of the client. The client shall indemnify Monoma Deutschland GmbH and its staff against all claims of third parties in connection with such an advertisement, regardless of whether Monoma Deutschland GmbH or its staff can be accused of the advertisement.
Article 11 Force majeure
Article 12. Vacancy management agreements
Article 13 Confidentiality
Article 14 Disputes and applicable law
Conditions for rental and services - safety-relevant products and systems
1.1). "Operation" means: Monoma Deutschland GmbH. "Customer" means the person or organization or company to which the Company provides goods or services. "Products" means goods or services supplied to the Customer by the Company or its suppliers, including "Equipment", i.e. security doors, screens, alarm cases, detectors, video equipment and associated fastening materials. "Borrowed equipment" means devices that are offered to the customer on the basis of a loan contract. "Services" means services that are carried out by the company once or at regular intervals. "Location" means the place where the company installs the products or services or to which it delivers.
2.Orders for rental equipment or recurring services
2.1). The rental of the rental equipment begins when the device has been installed by the company after receipt of a formal written or verbal order from the customer. These conditions also apply in full to all alternative and / or additional devices that are retrofitted. The initial one-time and recurring costs are calculated from the time of the first installation of the device.
2.2). In order to terminate the rental contract of the Equipment or the Services, the Customer must submit a written request to remove the Equipment from the Location or terminate the Services. Such an application must be received by the company at least seven days before the desired end of the contract. Upon request, the company will issue the customer with a reference number to terminate the loan contract and to confirm receipt of the removal request. This number must be indicated for all questions about the services or invoices.
2.3). The Company accepts no liability for errors and / or misunderstandings caused by orders, instructions and / or information expressed verbally by the Customer, its employees or representatives.
2.4). All dates and dates communicated to the Customer for the delivery, installation, processing, maintenance and / or removal of the equipment and / or the provision of services are only estimates and schedules for these activities and not strictly established deadlines. The company assumes no obligation towards the customer or liability for breach of its obligations on or before a certain date or time.
3.1). The rental costs and / or the costs for recurring services are valid up to a. the date specified in the written order, or b. the date on which the borrowed equipment was returned or collected by the company and / or the service was terminated, or c. if the customer does not pay the amount owed for the rental on time, on the date on which the rental equipment was removed by the company and / or the service rental in accordance with Article 7 was terminated, depending on the last date. The expiration or termination of the rental contract and / or a service has no influence on the resulting obligations of the customer.
4.1). The customer must pay the agreed rental costs and other costs for the equipment and services on the agreed dates. The displayed rental costs and prices of the operation are accepted by the customer at the beginning of the rental or service, unless otherwise agreed in writing.
4.2). Cancellation fees will be charged for orders cancelled by the customer without observing a notice period of 7 working days or an order that could not be carried out through no fault of the company.
4.3). If the employees of the company have to wait on site, the company is entitled to charge the customer € 100, - per hour.
4.4). Other costs for services stated in the offer or pricing will be accepted by the customer, unless otherwise agreed in writing.
4.6). If the equipment is removed from the location by the operation, for whatever reason, then the sum of the minimum rental period must be paid and the rental contract will be terminated with effect from the end of the minimum rental period.
4.7). If the Customer has not deposited an agreed credit account with the Company and has not prepaid for Products and Services or whose direct debit, check or credit card offered for this payment is rejected, then in the case of Rental Equipment, the Company may, without prior notice at the end of the period for which the rental fee of the Equipment has been paid in full, collect.
5.1). All prices quoted are net prices and are exclusive of VAT. Unless otherwise agreed in writing by the company, all invoices are to be paid within the payment period specified in the offer. If no payment deadline is specified in the offer, invoices must be paid within 7 days of the invoice date.
5.2). In the event of default of payment, all other invoices received by the customer from the company shall become due immediately. Without prejudice to other rights of the company, if the customer does not pay the invoice amount in full on or before the due date, the customer must pay the company interest on the outstanding amount from the day on which the payment period has expired until the time of payment (either before or after a court decision) an interest rate of 8% per year above the respective base interest rate, The Customer shall pay and reimburse the Company for all costs (including but not limited to process costs) incurred in collecting the outstanding amount. If a check from a customer has to be returned to the company due to insufficient funds, an amount of € 75.00 will be charged.
6.Insurance and risk
6.1). The customer is responsible for the safe storage of all loaned devices.
6.2). The cost of borrowing if a loaner device has been lost or stolen is due until the date on which the customer has fully compensated the company for such loss or theft. The company reserves the right to inspect the equipment at any time.
7.Delay and remedies
7.1). All rental equipment remains the property of the company. In the following cases, there is a delay with regard to the rental: a. a payment arrears of 48 hours in relation to a rental contract and / or installation costs and / or costs for the equipment that is lost or damaged and payable on the basis of these conditions; b. the customer does not fulfil a non-monetary obligation under this rental agreement; c. the customer goes bankrupt, is unable to pay his debts when they are due or any matter, or a procedure under which an insolvency right is claimed from the customer; d. all equipment or amounts owed in this respect serve as a pledge or are otherwise pledged; or e. the customer violates or other specified conditions.
7.2). If there is such an omission, the company may terminate the rental with a notice period of 24 hours (according to Article 3, there is no notice period for non-account holders if no payment has been made), then the company has the right to use all possible means to get its property back. If the company does not exercise its rights under these conditions, this does not mean that the company waives these rights.
8.1). The Customer, its employees, contractors or agents may not, under any circumstances and at any time, move, remove, disassemble, repair or tamper with the Loan Equipment (or any part thereof). All these actions are carried out by the company at the request of the customer and invoiced by him. If the Customer, its employees, contractors or agents violate this Article, then this will release the Company from any warranties set forth in these Terms.
9. Damage to the customer's property
9.1). The company assumes no liability for damages or costs caused by damage to the customer's belongings during the assembly and disassembly of the equipment or the provision of services, whatever. Such damage includes, but is not limited to, broken glass, damaged furnishings and damaged decoration.
10.1). The Customer may only lease the borrowed equipment or transfer the rental fees or the equipment to a third party with the written consent of the company, whereby the customer releases the operation from all claims, costs, liabilities and obligations arising from such subcontracting or transfer.
11.1). The Company shall take reasonable steps to ensure that the Equipment is in good condition from the date of delivery to the Customer. However, the customer is responsible for inspecting the equipment and installation and must ensure that it is suitable for the specific purpose for which it is used. Defects that occur after delivery will be remedied by the company, after written notification, if possible, within 5 working days. If Article 6.1 applies, the Customer shall be liable for all costs. The Company makes no warranty, express or implied, as to the merchantability or fitness for a particular purpose of the Products, other than the warranties set forth herein. The customer guarantees that the company will not be liable for defects in the equipment or services that result in damages or injuries directly or indirectly related to defective material, faulty workmanship or otherwise or whether or not due to negligence.
11.2). If the establishment or its subcontractors have to respond to alarm signals, the establishment may communicate an indicative average response time. Such a response time is for illustrative purposes only and the operation does not guarantee that the said average response time will be achieved. Although the company strives to achieve the average response time, the company accepts no liability, for whatever reason, for damage caused by the absence on site.
11.3). The Customer guarantees that he is the owner (or his representative) from the location to which the company has received the order to supply the equipment or services. The customer also guarantees that the site is not occupied or inhabited, at the time when the company delivers the products in accordance with the order or if the location is occupied or inhabited at that time, the users / residents have no objection to the delivery of the products and services of the company at this location.
11.4). The customer guarantees that he has insured himself against all risks arising from the contract.
12.1). For the delivery time specified by the company, the company shall take reasonable measures to meet the agreed delivery times. The customer is in no way entitled to compensation if the specified delivery time is exceeded, unless this has been expressly agreed. For exceeding the delivery time, the customer can not terminate the contract and refuse to receive and / or pay the products to be delivered.
13.No cure no pay
13.1). No cure no pay is understood to mean: If rental devices do not fulfil the agreed functions and obligations entered into in this agreement, in particular § 12) guarantees, unless the reason for this is force majeure, the customer has the right to reclaim the costs for one week for the specific device that does not work properly. This regulation applies once within the term of the contract and for a maximum of one device and a maximum of one week rental costs. It must be expressly stated that for this regulation § 12) guarantees always take precedence.
14.1). In the event of a strike, lockout, fire, failure of equipment or other unforeseen events, the company may delay the installation or removal of the rental equipment until this is possible again. Such a delay does not lead to a claim against the company for breach of contract or in any other way and does not give the customer the right to terminate the rental contract.
15.1). Written notifications shall be deemed to have been received if they are delivered by registered mail or by another recognised postal carrier and are addressed to the customer's billing address or to the address of the company's head office. "Written communication" does not mean other forms of communication, whether in person, by fax, e-mail, telephone or a voice message or a message left on the answering machine.
16.1). This contract is subject to German law. The generic terms are added only for additional reading convenience and do not affect the interpretation. If any provision of these Terms is unlawful, invalid or unenforceable in whole or in part because of the laws and regulations, then such provision (or part thereof) shall not be deemed part of the Agreement, but the remaining provisions of the Agreement shall remain in force. The place of jurisdiction is Düsseldorf.
17.1). Unless otherwise agreed in writing by the Company, the above conditions apply to all present and future orders placed with the Company. Any terms or conditions contained in the Customer's order, thereby limiting or invalidating what has been agreed in the foregoing, shall not apply to the orders placed with the Company, unless expressly confirmed in writing by the Company. The execution of an order of the customer by the company does not imply the acceptance of such conditions by the company. The above conditions apply to all rental equipment and services, the acceptance of borrowed equipment, products or services automatically implies acceptance of these terms and conditions in the offer or price issued by the company to the customer.
In addition to the General Terms and Conditions of Monoma Deutschland GmbH, the following provisions apply to contracts between Monoma's security service and the client.
Article 1 Staff
Monoma Deutschland GmbH selects the person(s) on the basis of the information on the work to be carried out by the client to Monoma Deutschland GmbH. Monoma Deutschland GmbH is completely free to choose the person or persons it sends on request.
The client shall be liable for any claims by the staff for compensation for damages incurred by these personnel as a result of damage to an item belonging to the staff being damaged in the course of the work assigned to him, and shall indemnify Monoma Deutschland GmbH against any claims in this regard.
The client is obliged vis-à-vis Monoma Deutschland GmbH to set up and maintain the rooms, tools and bones in or with which he carries out the work or has the work carried out in such a way as well as to take precautions and give instructions with regard to the execution of work in such a way that the personnel made available are liable to dangers to the body, the honesty and of a good is protected as can reasonably be required in connection with the nature of the work.
If the obligations referred to in paragraph 3 have not been fulfilled, the client shall be obliged to compensate Monoma Deutschland GmbH for the damage suffered by the staff member as a result of his performance of his duties and the performance of his duties and work, unless he proves that this non-performance is due to force majeure or that this damage is due to gross negligence on the part of the staff member. If the staff member suffers an injury resulting in death as a result of the non-fulfilment of the duties by the client in the context of his or her duties or the performance of his or her duties and/or work, the client shall be obliged to pay damages to the surviving husband or wife, the children or parents of the deceased who are supported by his/her work: unless he proves that the non-performance is due to force majeure or that the death is due to gross negligence on the part of the staff member.
The hourly wage applicable to staff for the duration of the contract is determined and determined on the basis of the German collective agreement for private security services, taking into account the job description received from the client. If at any time it is determined that this job description does not correspond to the activity in question, Monoma Deutschland GmbH will adjust the remuneration on the basis of the correct job description and accordingly change the tariff invoiced to the client. Should the activity change during an order to correspond to lower-skilled work, the initially applicable tariff remains unchanged.
When recruiting, selecting and providing personnel for the service provider, Monoma Deutschland GmbH can only be guided in distinguishing between activity requirements, taking into account the statutory provisions, the corresponding collective agreements for private security services and these General Terms and Conditions.
Under threat of an immediately due contractual penalty of € 10,000 per violation, the client does not exercise any influence in any way on a personnel member or allows him to exercise or support any personnel member in any way or has him supported in being hired by a client or third parties or carrying out work directly for him or third parties.
Article 2 Intellectual property rights
The client undertakes to use the security plans delivered by Monoma Deutschland GmbH only for his own use and not to make them available to third parties in any way.
All intellectual rights, such as copyright to the software, system designs, working methods, recommendations, etc. of the client himself or of third parties involved originating from Monoma Deutschland GmbH or used by Monoma Deutschland GmbH, shall become and remain the property of Monoma Deutschland GmbH. The exercise of these rights (including their publication or transfer) is expressly and exclusively reserved by Monoma Deutschland GmbH, both during and after the execution of the work.
Article 3 Obligation to act
Monoma Deutschland GmbH undertakes to carry out the services and work to be provided by it to the best of its knowledge, taking into account the requirements for private security services imposed by the authorities.
The obligation to act referred to in the previous paragraph relates to the provision of normal security and security services. This expressly does not include mediation and/or involvement in conflicts between the client and its employees and/or third parties.
Monoma's integrity strategy:
Integrity - or acting with integrity - means that the employee performs his task appropriately and carefully, taking into account his responsibility and the applicable rules. If there are no rules or the rules are unclear, the employee judges and acts in a morally justifiable manner on the basis of generally accepted social and ethical norms. The employee takes responsibility for his own actions, is responsive to his behavior and addresses others to their behavior. The avoidance of conflicts of interest, the careful handling of sensitive information or compliance with agreements made are just a few examples of acting with integrity.
Willingness to work The actions of an employee are always and completely geared to the interests of the client, colleagues, Camelots and the associated residents.
Expediency The actions of an employee are clearly related to the position he performs.
Independence An employee's actions are characterised by impartiality, i.e. there is no mixing with undesirable interests and any semblance of such mixing is avoided. Openness An employee's actions are transparent so that optimal accountability is possible and the control bodies have full insight into the employee's actions and their motivations for doing so.
Reliability You have to be able to count on an employee. He abides by agreements. Knowledge and information acquired in the course of his activities shall be applied for the purpose for which it was provided to him.
Care The actions of an employee are characterized by the fact that all colleagues, clients and residents are treated equally and respectfully and interests of parties are weighed correctly.
Integrity therefore means saying what you do and doing what you say. Stick to your own principles and beliefs. Consistently act in accordance with your own standards and values. Stick to agreements even under pressure. Trust yourself and others until proven otherwise. Not to be corrupt or deviate from one's own principles out of self-interest. Speak frankly and express your own opinion where necessary and possible. Have a healthy self-esteem. (This is different from narcissism, vanity, or self-interest).
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