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(1) The contract is concluded for the agreed term. alinotec reserves the right to terminate the contract with due notice if the customer is in arrears with a payment that reaches the amount of two of the agreed gross monthly installments. During the agreed term, the contract may otherwise only be terminated by either party for good cause. The notice of termination must be in writing and sent by registered mail.
(2) If the contract is terminated by alinotec prior to the expiry of the agreed term, the contract shall be settled with appropriate discounting of the outstanding monthly instalment and deduction of the costs saved by alinotec.
(3) If the contract is not terminated in writing three months before it expires, it shall be renewed for a further year in each case.
(1) The monthly fee as well as the further payments pursuant to Clause 4 are due in advance on the day of commencement of remote monitoring and on the day of each month whose date corresponds to the day of takeover.
(2) The customer undertakes to participate in the direct debit procedure. For this purpose, the customer authorizes alinotec to debit his account in accordance with the direct debit authorization issued by the customer.
(1) The contract or the service for remote monitoring shall commence at 0.00 a.m. on the day following the signing of the takeover declaration.
(2) alinotec shall ensure the functionality of the emergency call and service control center 24 hours a day.
(3) As soon as an alarm message is received via the emergency call and service control center, alinotec shall immediately attempt to inform the customer or a person designated by the customer as well as – depending on the nature of the incident – the police, fire department or other public or private services whose notification appears necessary.
(4) All alarm messages are recorded and kept for 2 weeks. The records shall remain the property of alinotec and shall not leave alinotec’s business premises.
(5) If an unfounded alarm message, i.e. a false alarm, is triggered by the Customer or a person attributable to the Customer, the following shall be liable for damages
all costs incurred shall be borne exclusively by the customer.
(6) By signing this contract, the customer hereby agrees that alinotec may transfer the contract with all rights and obligations to third parties. alinotec shall ensure that the customer does not suffer any disadvantages in material or financial terms as a result of the assumption of the contract, in particular that the remote monitoring and maintenance service is performed to the contractually agreed extent.
(1) The free repair and maintenance obligation (if contractually agreed) shall not apply if the equipment is directly or indirectly damaged, e.g. by
– Fault of the customer
– non-contractual use
damaged or otherwise impaired. Furthermore, the obligation to repair the equipment free of charge shall not apply if unauthorized persons have interfered with the equipment installed by alinotec or if the equipment has been damaged by extraordinary changes in the ambient conditions (temperature, humidity, dust). In such cases, the customer shall bear the costs of the repair.
(2) The customer shall permit alinotec’s employees to carry out maintenance and testing of the equipment at reasonable intervals and after prior notice.
Remote monitoring by alinotec significantly reduces the risk of damage for the customer. However, alinotec cannot guarantee that cases of damage (e.g. theft) will be avoided. Remote monitoring by alinotec therefore in no way replaces the conclusion of relevant insurance policies (against theft, business interruption, fire, water, comprehensive damage, etc.).
Unless an individual liability agreement exists, the following provision shall apply to all statutory and contractual claims: alinotec shall have unlimited liability for intent and gross negligence on the part of its legal representatives and executive employees within the scope of the statutory provisions. If the Customer is neither a merchant nor a legal entity under public law or a special fund under public law, the Contractor shall also have unlimited liability for gross negligence as a vicarious agent. In the case of insured risks, alinotec shall be liable to the extent of all payments made to alinotec by the insurer concerned, even if the liability limits set out in the preceding paragraphs or individually negotiated limits are exceeded. The same shall apply irrespective of the degree of fault in the event of injury to life, body or
health or liability under the Personal Liability Act. If alinotec’s performance becomes impossible or is unreasonably delayed for the customer, or if alinotec is liable for other reasons, this liability shall be limited in the event of slight negligence to a maximum of € 50,000.00 for all claims under the contracts, irrespective of the party responsible or the basis for the claim. The remuneration for the contract within which the breach of duty occurred shall be taken as a basis.
alinotec shall not be liable for slightly negligent breach of duty by persons who are neither legal representatives nor executives, provided that no material contractual obligations (cardinal obligations) have been breached.
The limitation period for all warranty claims shall be one year and shall commence upon delivery or provision (as well as notification of the same to the customer) of the contractual items; the same period shall apply to other claims, of whatever nature, against alinotec. The statutory limitation periods shall apply in the event of intentional gross negligence on the part of alinotec, fraudulent concealment of a defect, personal injury or defects of title, as well as in the event of claims under the Product Liability Act.
(1) The customer undertakes to treat the equipment provided to him with care.
(2) If a defect in the equipment becomes apparent during the term of the contract, the customer shall notify alinotec thereof without delay. The same applies if a third party claims a right to the equipment. If the customer fails to notify us, he shall be obliged to compensate us for any resulting damage.
(3) The customer undertakes to notify alinotec in writing of any change in the aforementioned information as well as in its company name, business name, legal form, address or telephone number.
(4) Any change in bank details must be notified to alinotec in writing no later than 10 days before the due date of the monthly instalment.
(5) A business closure, a change of the business owner, a sale of the company or the business, as well as a relocation of the business premises, shall not lead to a cancellation or termination of this remote monitoring contract. The payment obligations under this agreement continue to exist.
(6) The customer shall be obligated to enable alinotec to install the remote monitoring system, i.e. to make the premises or terrain areas intended for safeguarding accessible without any obstacles. If permission from the lessor is required for this, it is the responsibility of the customer to provide this permission.
(7) If the customer refuses to fulfill the contract prior to delivery of the ordered goods or does not accept the offered goods after setting a grace period of 14 days, the customer shall be obligated to pay alinotec damages in the amount of 15% of the respective contract sum.
(8) The customer shall have the right to prove that no damage or only minor damage has occurred on the part of alinotec.
By signing the order, the customer agrees in principle that alinotec may obtain information from house banks, credit agencies (including Creditreform, Bürgel, Schufa, etc.) in connection with the acceptance and processing of this contract. In the event of negative information / creditworthiness, alinotec shall be entitled to refuse acceptance of the contract or to terminate it without notice.
No verbal collateral agreements or supplements have been made to this contract. Amendments to this contract must always be made in writing. This also applies to the written form clause itself.
The invalidity of individual provisions of this contract shall not result in the invalidity of the entire contract.
If the customer is a merchant, Büttelborn is exclusively agreed as the place of jurisdiction.
(1) These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognize terms and conditions of the Purchaser that conflict with or deviate from our Terms and Conditions of Sale if we expressly agree to their validity in writing.
(2) These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as legal transactions of a related nature are concerned.
(1) Insofar as an order is to be regarded as an offer pursuant to § 145 BGB, we may accept it within two weeks.
(1) We reserve the property rights and copyrights to all documents provided to the Purchaser in connection with the placement of the order, such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give our express written consent to this effect. If we do not accept the orderer’s offer within the period of § 2, these documents shall be returned to us without delay.
(1) Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value added tax at the applicable rate. Costs of packaging will be invoiced separately.
(2) Payment of the purchase price shall be made without deduction of any cash discount.
(3) Unless otherwise agreed, the purchase price shall be paid within 10 days after delivery. Interest on arrears shall be charged at a rate of 8% above the respective prime rate p. a. We reserve the right to claim higher damages for delay.
(1) The Purchaser shall only have the right to offset if its counterclaims have been legally established or are undisputed. The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
(1) The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the Purchaser’s obligations. The defense of non-performance of the contract remains reserved.
(2) If the customer unilaterally withdraws from the contract or is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses and lost profit (according to BGB). We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor’s delay.
(1) In case of shipment, if the goods are shipped to the Purchaser at the Purchaser’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Purchaser upon dispatch to the Purchaser, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
(1) We retain title to the delivered item until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.
(2) As long as ownership has not yet passed to the Purchaser, the Purchaser shall be obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.
(1) Warranty rights of the Purchaser require that the Purchaser has duly complied with its obligations to inspect the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB).
(2) Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our customer. Our consent must be obtained before any goods are returned.
(3) If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
(4) If the subsequent performance fails, the Purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
(5) Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the customer or third parties carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences. This applies in particular in the event of non-observance of our assembly instructions and the installation of third-party parts.
(6) Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a location other than the customer’s branch office, unless the transfer is in accordance with their intended use.
(7) The Purchaser’s right of recourse against us shall exist only to the extent that the Purchaser has not entered into any agreements with its customer exceeding the statutory mandatory claims for defects. Furthermore, paragraph 6 shall apply mutatis mutandis to the scope of the Purchaser’s right of recourse against the Supplier.
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract shall be our registered office, unless otherwise stated in the order confirmation.
(3) All agreements made between the Parties for the purpose of executing this Agreement are set forth in writing in this Agreement.
(4) Should individual provisions of this contract be or become invalid or contain a loophole, this shall not affect the remaining provisions. The parties undertake to replace the invalid provision with a valid one.
legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this gap.
