Legal · B2B
GENERAL TERMS
& CONDITIONS
Rental of video system solutions to commercial clients — Sicherheitsdienst Sauermann GmbH, Unter den Lauben 2, 85521 Ottobrunn, Germany.
Note: A plain-language summary of the key terms can be found at the bottom of this document.
§ 1
Scope of Application
- 1.1 These General Terms and Conditions (GTC) apply to all contracts for the rental of video systems concluded by Sicherheitsdienst Sauermann GmbH (hereinafter "Lessor") with the Lessee, whether via platform agreements or direct contractual arrangements.
- 1.2 Any conflicting terms and conditions of the Lessee shall not apply unless the Lessor has expressly agreed to them in writing.
- 1.3 These GTC apply exclusively to contracts with commercial clients (entrepreneurs). An entrepreneur is any natural or legal person acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
§ 2
Subject Matter of the Contract
- 2.1 The Lessor makes available to the Lessee the video system specified in the order confirmation. This comprises either surveillance systems or time-lapse cameras, depending on the contractual agreement.
- 2.2 Surveillance systems are used for security monitoring and are connected to the Lessor's monitoring centre. Time-lapse cameras, by contrast, are used exclusively for recording construction progress or other time-based processes and are not connected to the monitoring centre.
- 2.3 The exact services and scope of the contract are governed by the respective offer.
- 2.4 Verbal ancillary agreements are only binding if confirmed in writing. The contract is concluded only upon written confirmation by the Lessor or upon actual provision of the service.
§ 3
Contract Term and Renewal
- 3.1 The contract term begins and ends at the times specified in the offer.
- 3.2 In the event of an extension of the rental period, billing is calculated on a pro-rata daily basis in accordance with the conditions set out in the offer.
- 3.3 The notice period for termination is one week prior to the end of the contract. If no notice of termination is given, the contract shall be extended in accordance with the agreed conditions.
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3.4
Extraordinary termination for good cause is permitted. Good cause exists in particular where the Lessee:
- is more than 14 days in arrears with a payment due;
- makes modifications to the rented equipment without the Lessor's consent;
- repeatedly breaches contractual obligations or mishandles the systems.
§ 4
Maintenance and Repair
- 4.1 The Lessor is responsible for the maintenance and repair of the video systems. The costs thereof are included in the rental fee.
- 4.2 Should a callout become necessary through no fault of the Lessor (e.g. in the event of a power outage lasting longer than the specified backup time, or an unscheduled relocation of the systems), the Lessor reserves the right to issue an invoice based on prevailing market rates per technician callout.
§ 5
GDPR Compliance
- 5.1 The Lessor undertakes to fully comply with the General Data Protection Regulation (GDPR), in particular with regard to data storage, the use of video and time-lapse recordings, and the rights of data subjects.
- 5.2 The Lessee is obliged to use the surveillance systems and, where applicable, the time-lapse recordings only within the framework of applicable data protection legislation. It is the Lessee's responsibility to ensure that all necessary consents are obtained from data subjects who are identifiable in the recordings.
- 5.3 Data protection with regard to time-lapse recordings: The Lessee is obliged to ensure that the use of time-lapse recordings complies with data protection regulations. Should the equipment be deployed in areas where individuals are identifiable, the Lessee must obtain the necessary consents from the data subjects concerned.
§ 6
Delivery, Installation and Collection
- 6.1 Delivery of the video systems is subject to a one-off fee scaled by quantity. These delivery costs also cover installation and commissioning at the deployment site, as well as the 24/7 monitoring service provided by the alarm centre for surveillance systems.
- 6.2 Collection of the systems at the end of the contract is included in the one-off delivery costs and shall be carried out at no additional charge to the Lessee, provided the agreed contract term has been observed.
- 6.3 If the Lessee reduces the number of rented systems during the contract term, the collection costs per unit will be invoiced separately in accordance with the tiered price list.
- 6.4 The Lessee shall ensure that unobstructed access is available at the delivery location and, where necessary, that suitable unloading equipment (e.g. forklift or crane) is provided. Should this not be possible, the Lessor will arrange the necessary equipment upon request, the costs of which shall be borne by the Lessee.
- 6.5 Delivery dates are agreed individually and depend on system availability and the Lessee's requirements. The Lessor will inform the Lessee in good time of the expected delivery date.
§ 7
Permitted Use
- 7.1 The rented systems must at all times be used in compliance with the GDPR.
- 7.2 The Lessee may access the cameras at the deployment site around the clock via a live app.
§ 8
Lessee Obligations
- 8.1 The Lessee is responsible for obtaining any required permits from authorities and third parties, in particular for the installation of surveillance equipment in public spaces or on third-party premises. The Lessee assumes all duties of care and ensures that the equipment is permanently supplied with electricity. Any fees, charges and fines arising from the use of the equipment shall be borne by the Lessee.
- 8.2 The Lessee shall ensure that the Lessor or its authorised agents have unobstructed access to the surveillance site in order to deliver, install and collect the equipment. Where required, the Lessee shall provide suitable unloading equipment (e.g. forklift, crane).
- 8.3 The Lessee is responsible for ensuring that the use of time-lapse recordings complies with applicable legislation, in particular the GDPR. The Lessee must obtain all necessary consents from data subjects who are identifiable in the recordings.
- 8.4 The Lessee is responsible for ensuring that the power supply for rented non-autonomous video systems and time-lapse equipment is maintained throughout the entire contract term. The Lessor accepts no liability for damage or missing recordings resulting from an inadequate or absent power supply. Autonomous systems with their own energy sources (e.g. solar or battery) are exempt from this obligation.
- 8.5 Autonomous systems are exempt from the obligation to provide a mains power supply. For battery-operated systems, energy replenishment is carried out in accordance with the conditions defined in the offer. The rental fee covers the supply and replacement of batteries by the Lessor. A reduced runtime due to exceptional operating conditions (e.g. extreme temperatures) does not constitute a defect.
- 8.6 The Lessee is responsible for designating suitable installation or mounting locations for the Lessor. These must meet the relevant technical and safety requirements. Should the designated locations fail to meet the necessary requirements, the Lessor reserves the right to refuse installation or to charge additional costs.
§ 9
Advertising and Use of Image Material
- 9.1 The Lessor is entitled to attach advertising material, in particular advertising banners, to the surveillance equipment, provided this does not impair its contractual use.
- 9.2 The Lessor reserves the right to use image material and time-lapse recordings for promotional purposes. It shall be ensured that no recognisable company logos or trademarks appear in the images, unless the Lessee expressly agrees to this. The Lessee may object to such use at any time in writing.
- 9.3 The Lessee receives unrestricted rights of use to the time-lapse recordings for internal purposes, commercial use and public presentations. The Lessee is solely responsible for compliance with all applicable legal provisions and shall indemnify the Lessor against all third-party claims.
- 9.4 The Lessee undertakes to independently retrieve time-lapse recordings at least quarterly via the provided platform and to save them on their own systems. The Lessor accepts no liability for data loss resulting from technical failures, force majeure, cyberattacks or other unforeseeable events.
§ 10
Insurance Obligations and Liability
- 10.1 The Lessee is obliged to take out appropriate insurance covering the surveillance equipment against loss, theft or damage. The insured value shall correspond to the replacement value of the equipment. Any damage, theft or loss must be reported to the Lessor without delay.
- 10.2 The Lessee is liable for all damage caused to the video systems by improper use or external influences.
- 10.3 The Lessee is liable for all legal consequences and damages arising from improper use of the video or time-lapse recordings, in particular in the event of violations of data protection regulations.
- 10.4 The Lessor accepts no liability for interruptions or loss of recordings caused by technical malfunctions or failures beyond its control (force majeure, power outages, network problems, technical defects). The Lessee has no right to compensation or reimbursement in such cases.
§ 11
Payment Default and Early Termination
- 11.1 Payments are due within 14 days of receipt of invoice. Billing is carried out monthly by invoice; direct debit is not offered.
- 11.2 In the event of early termination by the Lessee, the Lessor reserves the right to charge 50% of the remaining contract value as an early termination fee in the final invoice, provided the contractually agreed service has been rendered.
- 11.3 Should the agreed number of video systems be reduced during the contract term, the Lessor will invoice the costs for the early collection of the surplus systems based on prevailing market rates. These costs are charged in addition to those referred to in §11.2.
§ 12
Changes to Scope of Services
- 12.1 Changes to the originally agreed installation locations, surveillance parameters or other technical requirements may incur additional costs.
- 12.2 In such cases, the Lessor will prepare a revised calculation and send the Lessee an updated order confirmation with the new terms.
- 12.3 Continuation of the assignment shall only take place after the Lessee has confirmed the updated order confirmation in writing.
§ 13
Transport and Unloading Assistance
- 13.1 The Lessee shall ensure that suitable unloading equipment (e.g. forklift, crane) is available at the delivery location to enable proper unloading and installation of the surveillance equipment. If this is not possible, the Lessee shall bear the costs of any additionally required equipment.
§ 14
Connection to the Monitoring Centre
- 14.1 This clause applies exclusively to surveillance systems. The Lessor's monitoring centre monitors the video equipment within the framework of the agreed action plan. Time-lapse cameras are not connected to the monitoring centre.
- 14.2 Should contact with the designated contact person fail after three attempts, the Lessor is released from any obligation to take further action.
§ 15
Return of Systems at End of Contract
- 15.1 Upon termination of the contract, the Lessee is obliged to return the rented systems to the Lessor without delay.
- 15.2 If the return is delayed for reasons attributable to the Lessee, the Lessor is entitled to demand a lump-sum usage fee equivalent to the agreed rental rate for the period of the delay.
- 15.3 The Lessee is entitled to demonstrate that the Lessor has suffered no loss or a lesser loss as a result of the delayed return. In such a case, the usage fee shall be waived or reduced accordingly.
§ 16
Retention of Title and Protection of Property
- 16.1 The rented video systems, including the time-lapse recording equipment, remain the property of the Lessor at all times.
- 16.2 The Lessee is obliged to inform the Lessor without delay of any measure or event that could jeopardise the Lessor's ownership of the rented systems, in particular in the event of theft, damage or attachment.
§ 17
Limitation Period for Damages Claims
- 17.1 Claims for damages by the Lessee against the Lessor become statute-barred one year from the date on which the damage occurred.
- 17.2 Excluded from this provision are claims based on intentional misconduct or gross negligence on the part of the Lessor.
§ 18
Final Provisions
- 18.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- 18.2 The place of performance and jurisdiction for all disputes arising from this contract is Munich, Germany.
- 18.3 Amendments or additions to this contract must be made in writing.
Quick overview
KEY POINTS
AT A GLANCE
The most important points of these T&Cs at a glance — for informational purposes only and without legal effect. The complete contract text above is the sole legally binding document.
01
Lessor & Address
Sicherheitsdienst Sauermann GmbH, Unter den Lauben 2, 85521 Ottobrunn, Germany
02
Contract Term
As per offer. Notice period: 1 week before end of contract; otherwise automatically renewed.
03
Technician Callout Costs
Billed at prevailing market rates for callouts not caused by the Lessor.
04
Insurance Requirement
The Lessee must take out insurance for the rented equipment at replacement value.
05
Early Termination
50% of the remaining contract value is charged. Early collection of surplus systems billed at market rates.
06
Time-lapse Usage Rights
Unrestricted use by the Lessee. Liability for any legal violations rests with the Lessee.
07
Power Supply
Lessee responsible for continuous power supply to non-autonomous systems. Autonomous systems exempt.
08
Limitation Period & Jurisdiction
Claims become statute-barred 1 year from damage. Jurisdiction: Munich. German law applies.
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