Article 13. Agreements regarding the rental of safety-related products and systems
- Mosaic World undertakes to perform the services and activities to be performed by it to the best of its ability, with due observance of the government requirements for private security organizations. Mosaic World does not guarantee that events (of whatever nature) on the failure of which its efforts as intended in the agreement will be directed, will not occur.
- The best efforts obligation referred to in the previous paragraph relates to the provision of normal security and surveillance services. This expressly does not include the intervention and/or involvement in conflicts between the Other Party and its employees and/or third parties.
- Cancellation costs will be charged for orders that are canceled by the Other Party without observing a notice period of seven working days or orders that cannot be completed through no fault of Mosaic World .
- If Mosaic World 's personnel have to wait on location, Mosaic World is entitled to charge the Other Party € 100, - per hour.
- If the equipment is removed from a location by Mosaic World for any reason, then the amount of the minimum rental period will be due and the rental contract will be deemed terminated with effect from the expiration of that minimum rental period.
- If the Other Party does not have an agreed credit account with Mosaic World and has not prepaid for products or if the direct debit, check or credit card offered for this payment is refused, Mosaic World may, in the case of rental equipment, retrieve the products without notice from the end of the period for which the equipment rental has been paid in full.
- The Other Party may only sublet the rented equipment or transfer this rental or the equipment to a third party with Mosaic World 's written consent, whereby the Other Party indemnifies Mosaic World against claims, costs, liabilities and obligations arising from such subletting or transfer.
- Mosaic World selects the person(s) on the basis of information provided to Mosaic World by the Other Party regarding the work to be assigned. Mosaic World is completely free to choose the person or persons who will send it on request.
- The other party will be liable in respect of and indemnify Mosaic World against any claims by personnel for compensation for damage suffered by such personnel because an item belonging to the personnel has been damaged in the context of work assigned to him/her.
- The other party is obliged towards Mosaic World to set up and maintain the premises, equipment and tools with which it does or has the work performed in such a way, as well as to make such arrangements with regard to the performance of work and to provide instructions that it is The personnel made available against danger to life, honor and property is protected to the extent that can reasonably be demanded in connection with the nature of the work.
- If the aforementioned obligations have not been fulfilled, the Other Party is obliged to compensate Mosaic World for damage caused to the staff member in the performance of his/her duties, work duties and activities, unless it provides proof that this non-compliance is due to force majeure, or that damage is largely due to gross negligence on the part of the staff member. If the staff member has suffered such injury as a result of non-compliance with the obligations by the Other Party, in the performance of his employment, work duties and/or activities, that the result is death, the Other Party shall owe the remaining spouse, children or parents of the deceased who are usually maintained by his/her work, is obliged to pay compensation, unless he/she provides proof that non-compliance with force majeure or death is largely due to gross negligence on the part of the deceased.
- In the event that security-related services are hired by the Other Party, the hourly wage applicable to the personnel for the duration of the assignment is determined and determined on the basis of the Collective Labor Agreement for Private Security Organizations, partly on the basis of the job description, which is obtained from the Other Party. If it is determined at any time that this job description does not correspond to the job in question, Mosaic World will correct the remuneration in accordance with the correct job description and the rate charged to the Other Party will be adjusted accordingly. If during an assignment the function changes in the sense that this function corresponds to activities that are less qualified, the initially applicable rate will remain unchanged.
- When recruiting, selecting and making personnel available to the Other Party, Mosaic World is only guided by functional requirements when making a distinction, with due observance of the statutory provisions, the Collective Labor Agreement for Private Security and the present general terms and conditions.
- The other party will in no way exert influence or cause it to be exercised or cooperate or cause to be provided, in whatever form, to a staff member in order to be employed by a client or third parties or to perform work directly for him or third parties. , forfeiting an immediately due and payable fine of € 10,000 per violation.
- The other party undertakes to only use the security plans, as supplied by Mosaic World , for its own use and not to make them available to third parties in any way whatsoever.
- All rights of an intellectual nature, such as copyright and copyright with regard to the computer programs originating from Mosaic World or used by Mosaic World , system designs, working methods, advice, etc. of the Other Party itself or of third parties engaged, become and remain the property of Mosaic World . The exercise of these rights (including disclosure or transfer) is expressly and exclusively reserved to Mosaic World , both during and after the performance of its activities.
- The rental of rental equipment commences when equipment is installed by Mosaic World after receipt of an official written or oral order from the Other Party, which has been approved by Mosaic World . These conditions also apply in full to all replacement and/or additional equipment that is installed afterwards. The one-time and initial recurring costs are calculated from the time of the initial installation of the equipment.
- In order to terminate the rental of the rental equipment or the provision of the services, the Other Party must request the removal of the rental equipment from the location or to terminate the services by means of a written request. Mosaic World must receive such request at least seven days prior to the date of termination. If requested, Mosaic World will provide the Other Party with a termination reference number to confirm receipt of the removal request. This number should be quoted in any questions about services or invoices.
- All times and dates specified to the Other Party for delivery, installation, response, maintenance and/or removal of the equipment and/or for the provision of services are estimates only and times for such activities are not strict deadlines.
- Mosaic World takes reasonable measures to meet the agreed delivery times. The other party is not entitled to any compensation in any form whatsoever, if the specified delivery time is exceeded, unless this has been expressly agreed. Due to exceeding of the delivery time, the Other Party cannot dissolve the agreement and cannot refuse receipt and/or payment of the goods to be delivered.
- The rental and/or charges for recurring services will continue to apply until a) the date specified in the written order or b) the date the rented equipment is returned to or collected by Mosaic World and/or the service is terminated or c) if the Other Party does not pay the amounts owed for the rented equipment on time, the date on which the rented equipment is removed by Mosaic World and/or the service is terminated, whichever is the later. The expiration or termination of the lease and/or service does not affect the Other Party's obligations under this.
- All rented equipment remains the property of Mosaic World . In the following cases, there is default with regard to this rent; a) payment arrears of more than 48 hours in respect of any rental and/or installation costs and/or costs of equipment that is lost or damaged and is payable under these terms; b) the Other Party fails to fulfill a non-monetary obligation under this lease; c) the Other Party goes bankrupt, is unable to pay its debts when they are due or any case or proceedings under bankruptcy law are instituted with regard to the Other Party; d) the equipment or any monies owed in connection therewith are pledged or otherwise encumbered; or e) the Other Party is in breach of any other terms and conditions set forth herein or in any order.
In the event of such default, Mosaic World may terminate the rental on 24 hours' notice and Mosaic World shall then be entitled to use all possible means to repossess the equipment. The failure of Mosaic World to exercise any rights arising from these terms and conditions shall not constitute a waiver of these rights by Mosaic World .
- The other party, its personnel, contractors or agents will under no circumstances and at no time move, remove, disassemble, repair or make changes to the rental equipment (or part thereof). All these actions will be performed by Mosaic World at the request of the Other Party and will be charged by Mosaic World . If the Other Party, its staff, contractors or agents violate this article, this will release Mosaic World from all guarantees given in these terms and conditions.
- The other party is responsible for the safekeeping of all rented equipment.
- The costs for the rental of lost or stolen rental equipment are due up to and including the day on which the Other Party has fully compensated Mosaic World for such loss or theft. Mosaic World reserves the right to inspect the equipment at any time.
- Mosaic World takes reasonable measures to ensure that the equipment is in good working order from the date on which it is delivered to the Other Party. The other party is nevertheless responsible for inspecting the equipment and its installation and must ensure that it is suitable for the specific purpose for which it is used. Any defects occurring after delivery will be repaired by Mosaic World within 5 working days of written notification, if feasible. If Article 13.24 applies, the Other Party is liable for any costs. Mosaic World makes no warranties, express or implied, regarding the merchantability or fitness for a particular purpose of the products other than the warranties set forth herein. The other party guarantees that Mosaic World is not liable for any failure of the equipment or services, resulting in damage or injury, which failure results directly or indirectly from defective material, defective workmanship or otherwise and whether or not the result of negligence.
- If Mosaic World or its subcontractors are required to respond to alarm signals, Mosaic World may provide an indicative, average response time. Such response time is for illustrative purposes only and Mosaic World makes no warranty whatsoever that the stated average response time will be achieved. Although Mosaic World strives to achieve the average response time, it does not accept any liability, on any account whatsoever, for damage that arises as a result of not being on site.
- The Other Party guarantees that it is the owner (or its authorized representative) of the location where Mosaic World has been commissioned to provide the services or equipment. The other party also guarantees that the location will not be occupied or occupied at the time when Mosaic World delivers the products in accordance with the order or that if the location is occupied or occupied at that time, the users/residents have no objection to Mosaic World having the products and provide services at that location.
- The other party guarantees that it has taken out insurance against all risks arising from this agreement.
- If all rented equipment does not realize the agreed operation, subject to force majeure and agreements made in these general terms and conditions, in particular Article 13.26, the Other Party is entitled to reclaim costs for 1 week's rent for one specific device that did not function properly. This arrangement is valid once within the contract period, for a maximum of 1 device and a maximum of 1 week's rent. It should be explicitly stated here that for this regulation article 13.26 always prevails.