General terms and conditions
1 Validity of the GTC
1.1 The following GTC apply to all contracts between Security Robotics Development & Solutions GmbH (hereinafter: “Security Robotics”) and its customers.
1.2 Any contractual terms and conditions of the customer that conflict with, deviate from or supplement these GTC shall not be recognised by Security Robotics and shall therefore not become part of the contract, unless Security Robotics expressly agrees to their validity in text form. The General Terms and Conditions of Security Robotics shall also apply exclusively if Security Robotics provides the service ordered by the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from its General Terms and Conditions or supplement them.
1.3 The version of the GTC in force at the time of the conclusion of the contract is authoritative. The current version of the GTC can be accessed and printed out from the websitewww.security-robotics.de.
2. Subject matter of the contract (services), conclusion of the contract, form for declarations
2.1 SecurityRobotics develops, programs and sells software, hardware and robot technology in the field of artificial intelligence and self-learning robotics, especially in connection with security technology.
2.2 The services offered by Security Robotics in detail can be viewed on the website www.security-robotics.de under the menu item “Services”. These presentations of the services offered do not yet constitute a binding offer to conclude a contract, but serve merely to inform the customer. The conclusion of a contract therefore requires a separate agreement (offer and acceptance) between Security Robotics and the client.
2.3 Notifications and declarations, which the customer submits to Security Robotics, in particular declarations of termination and setting of deadlines, must at least comply with the text form in the sense of § 126b BGB (an e-mail is therefore sufficient), insofar as nothing to the contrary is stipulated in these General Terms and Conditions.
3. rights of set-off and retention
3.1 The customer can only offset against claims of Security Robotics, as far as his claims are legally established, undisputed or acknowledged by Security Robotics.
3.2 The customer can only assert a right of retention insofar as his claim is based on the same contractual relationship.
4. Liability of Security Robotics
4.1 For claims based on damages caused by Security Robotics, Security Robotics is always liable without limitation of liability according to the legal regulations in the following cases:
in case of injury to life, body or health,
in case of liability due to intent or gross negligence
insofar as the scope of application of the product liability law is opened.
4.2 In the event of a simple negligent breach (i.e. not a grossly negligent breach) of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place, the breach of which jeopardises the achievement of the contractual purpose and the observance of which the customer may regularly rely on (so-called “cardinal obligation”), the liability of Security Robotics towards the customer shall be limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
4.3 In all other cases, the liability of Security Robotics for damages due to simple negligent breach of duty (i.e. no grossly negligent breach) is excluded.
5. Secrecy, data protection
All personal data processed by Security Robotics will be processed in accordance with the applicable data protection regulations (in particular the EUBasic Data Protection Regulation (EU-DSGVO) and the Federal Data Protection Act (BDSG)). Security Robotics guarantees that all its employees are bound to data secrecy and the maintenance of special confidentiality in accordance with the applicable data protection, telecommunications and other relevant laws. More detailed information can be found in the data protection legal notices.
6. Special provisions for sales contracts
6.1 The goods delivered by Security Robotics remain the property of Security Robotics until the purchase price has been paid in full (retention of title).
6.2 In case of defects of the goods, the customer is entitled to the legal warranty rights against Security Robotics, in particular the rights from §§ 434 ff. BGB. Unless expressly agreed in text form, Security Robotics does not issue any guarantees or other assurances.
6.3 The customer’s warranty claims shall become statute-barred one year after delivery of the item.This shall not apply to claims based on injury to life, limb or health, in the case of liability based on intent or gross negligence or insofar as the scope of application of the Product Liability Act is opened.
6.4 If the customer has a claim for supplementary performance, SecurityRobotics may choose to provide supplementary performance by remedying the defect or by delivering a defect-free item, unless the chosen type of supplementary performance is unreasonable for the customer.
7. Special provisions for rental agreements
7.1 The customer is obliged to examine the rental object for obvious defects (e.g. transport damages) upon delivery by Seurity Robotics and to notify SecurityRobotics of such defects immediately.
7.2 The customer uses and operates the rental object at his own expense. He is obliged to treat the rental object with care and attention and to use it exclusively for its intended purpose. In the event of damage to or loss of the rental item, the customer is obliged to inform Security Robotics of this immediately.
7.3 The customer is not entitled, without the permission of Security Robotics, to allow third parties to use the rented item, in particular to sublet it. If the customer allows a third party to use the leased property, the customer shall be responsible for any fault on the part of the third party in the use of the leased property, even if Security Robotics has granted permission for the use of the leased property.
7.4 The Lessor’s strict warranty liability for initial defects of the rental object (§ 536a BGB) is excluded. This shall not apply to claims based on injury to life, body or health.
7.5 The rental object shall at all times remain the full property of Security Robotics.
8. final provisions (place of jurisdiction, applicable law, severability clause)
8.1 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of SecurityRobotics (Berlin, Germany).
8.2 The law of the Federal Republic of Germany shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.3 Should individual provisions of the contract concluded between the customer and SecurityRobotics be or become invalid or void, this shall not affect the validity of the remainder of the contract. The invalid or void provision shall be deemed to be replaced by such a provision which comes closest to the economic sense and purpose of the invalid or void provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.
The masculine terms used in these GTC (e.g. customer) are used exclusively for better readability and refer to all genders.